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2001-06-18 REGULAR TOWN BOARD MEETING JUNE 18, 2001 RES. 246-2677:08 p.m. BOH 28-29 LL#5 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS COMPTROLLER HENRY HESS DIRECTOR OF BUILDING AND CODES DAVE HATIN EXECUTIVE DIRECTOR OF COMMUNITY DEY. CHRIS ROUND DEPUTY WASTEWATER SUPT. MIKE SHAW DIRECTOR OF TECHNOLOGY BOB KEENAN ASSIST ANT TO SUPERVISOR BILL LAVERY PLEGE OF ALLEGIANCE LED BY COUNCILMAN MARTIN RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 246.2001 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 moves into the Queensbury Board of Health. Duly adopted this 18th day of June, 2001 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None 1.0 QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JON AND SUSAN DOUGHER RESOLUTION NO.: 28, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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, Jon and Susan Dougher have applied to the Local Board of Health for a variance from Chapter 136 to allow their leachfield to be located eighty-seven feet (87') from their neighbor's well in lieu of the required one-hundred feet (100') setback on property located at 122 Sunnyside Road North, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on July 9th, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Jon and Susan Dougher's septic variance application concerning their property situated at 122 Sunnyside Road North, Queensbury (Tax Map No.: 50-1-85) 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 of the property as required by law. Duly adopted this 18th day of June, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 29.2001 BOH RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health and moves back into Regular Session. Duly adopted this 18th day of June, 2001 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT: None REGULAR SESSION 2.0 PUBLIC HEARINGS 2.1 PROPOSED LOCAL LAW TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 125 ENTITLED "GLEN LAKE BOAT LAUNCH SITE" NOTICE SHOWN SUPERVISOR BROWER-Requested that the Town Counsel present the proposal to the Town Board. TOWN COUNSEL SCHACHNER-The purpose of the, as I understand it, the purpose of this proposal local law is to formally limit use of the Glen Lake Boat launch site which is fairly narrow along Glen Lake and is also accessed by a fairly narrow portion of Glen Lake Road with some visibility problems, essentially to car top transported boats as opposed to trailered boats. The proposed local law would add a chapter to our Town Code that so states and also authorizing the Director of Parks and Recreation to appropriately sign and mark the areas in question so that those limitations were known to the public. This is the property owned by the Town on Glen Lake adjacent to the Docksider on Glen Lake Road. SUPERVISOR BROWER-How long has that been used as a boat launching site, Mark? TOWN COUNSEL SCHACHNER-A very long time, but I haven't the faintest idea. COUNCILMAN JAMES MARTIN-It has got to go back to sometime and this is a guess, sometime after the Sullivan Pavilion closed, because I think, when it was the Sullivan Pavilion it was purely public or I mean private type of a thing. But that is just a guess. COUNCILMAN BREWER-How did we acquire that? COUNCILMAN MARTIN-I never heard Harry mention it. It is something that could be researched easily enough. MR. PLINEY TUCKER-We bought it. COUNCILMAN BREWER-From who? MR. PLINEY TUCKER-The people that owned it. COUNCILMAN BREWER-I surmised that, was it the Sullivan's? COUNCILMAN MARTIN-Ah the old ploy of people owning it. MR. PLINEY TUCKER-I said, I think we bought it, that is how we acquired it. It is not very wide, it is only wide enough to get a boat down in there. SUPERVISOR BROWER-So, that the public is aware that this would eliminate the utilization of trailers to launch boats at that particular site. I did have a question though, relating to this Mark, are, is the Docksider in the business of allowing boats to, trailers launch in their site? TOWN COUNSEL SCHACHNER-My understanding is that the Docksider now, is allowing it but charging a fee. They are talking about, last I heard, not allowing it during the day on weekends but, that was just talk that I heard. COUNCILMAN MARTIN-The other thing that I know has traditionally a problem down there is parking is at a premium as it is and if you have vehicles there with trailers behind them obviously, you know, that is using twice as much parking. That has always been an issue. SUPERVISOR BROWER-Well, before we get into this any further I would like to open this up to the public and ask anyone in the room if they would like to comment on this particular public hearing, either for or against, Roger? MR. ROGER BOOR-Roger Boor for the record. SUPERVISOR BROWER-Would you state your address too? MR. ROGER BOOR-83 Sunnyside East. Does the Town have any other facility to launch boats on Glen Lake other than this one? COUNCILMAN TURNER-No. SUPERVISOR BROWER-Would anyone else care to address the Board at this time on this particular public hearing? The only thing I would like to say is years ago, my family used to use that not the Queensbury launch site, which is very narrow but Sullivan's pavilion for launching boats. My cousin actually learned to water ski on Glen Lake. One of my concerns is as a County and Town Supervisor is the limitation of recreational opportunities particularly on lakes in our region. It has been a concern of mine because people come to our area to enjoy what we have here and some of which is the lakes, and our residents enjoy the use of the lakes. So, when we curtail the public access to recreational opportunities in the Town it concerns me. It concerns me because it limits the access that people that do not own property on the lakes have to that body, that resource. It is a particular concern to me personally, because I see it happening more and more in a variety of venues and in a variety of our rivers and lakes That being said, it is indicated that this is a dangerous spot, but I CaImot recall any major accidents that I am aware of for boats launching on COUNCILMAN TURNER-Only out on the road because of the slope of the hill comes down like this and makes a turn and you cannot see that. SUPERVISOR BROWER-I know that it is hard to see but I have not seen any accidents there either. COUNCILMAN TURNER-I have not seen any but that's COUNCILMAN BREWER-Most generally people drive down into the parking lot don't they and SUPERVISOR BROWER-Yes, and then they back up. COUNCILMAN BREWER-I do not quite understand what is says here, I mean I understand what it says but it says we have two fifteen foot paths? It says we own fifty foot SUPERVISOR BROWER-It is a fairly narrow area where you have to back your trailer in. COUNCILMAN BREWER-Well how is the fifty foot divided into two fifteen foot? TOWN COUNSEL SCHACHNER-The reference is to, it is about fifty feet offrontage on Glen Lake and it is about fifty feet of frontage on Glen Lake Road but what we understand is that the usable amount of the frontage on Glen Lake is only about fifteen feet because the shore slopes steeply upward as you a head away from the Docksider and similarly the usable portion of the frontage, the safely usable portion of the frontage from Glen Lake Road happens also by coincidence to be approximately fifteen feet is what the Director of Parks and Recreation told us. Here he is now. COUNCILMAN STEC-It is my understanding that in the past we have gotten phone calls about this boat launch and I what already says that this is for car top vessels already. I know it was, there was some one that was telling me a year ago that this is not for backing trailers in and to the point where I believed that it was written somewhere. TOWN COUNSEL SCHACHNER-Well, Mr. Hansen is here now he may know more about this than I. I do know that in 1990 and 1991 the Town Board took some steps to regulate parking in the area that may have had the practical impact of not allowing trailers but I do not know for sure that there is anything written in stone right now that says no, trailers. I do not know the answer to that. COUNCILMAN MARTIN-Well, I know the reason for the SUPERVISOR BROWER-Harry would you come forward. COUNCILMAN MARTIN-the limitation on parking in 1990-91 was I think the result of the broom ball league used to be played there in the winter time and they had a lot of parking out in the road and especially during that time the snow piles are high along the side of the road and it was especially, they were parked on both sides of the road you could hardly get through there. SUPERVISOR BROWER-For snowmobiles? COUNCILMAN MARTIN-Well for the TOWN COUNSEL SCHACHNER-Along Glen Lake Road, right? But there was also action in 1991 to regulate parking on the Town owned parcel between Glen Lake and Glen Lake Road. That is definitely true what Jim said about the Glen Lake Road portion as well. SUPERVISOR BROWER-Harry would you give us a little background on this particular site that we are proposing to stop allowing trailers to, with boats to launch there? DIRECTOR OF PARKS AND RECREATION MR. HARRY HANSEN-In fact, Mark is right in the early 1990's the Town Board passed a resolution making this site a non trailer boat launch area for canoes and car top boats and the local law that was passed only addressed parking. What it did, it said that we could park two cars, we do not have a lot of room it is fifty foot wide by probably a hundred and thirty foot long so and it is adjacent to the Docksider entry way. So, at that time it only addressed the parking of two cars, no more than two cars and that is what the local law covered so that we can in fact call the Warren County Sheriff, because we did not have Queensbury police at that time. We did not have a trailer problem, I mean it was specified in the resolution, but you know they knew the trailers could launch next door in the Docksider. What has happened since then and has happened today and in the last five or six months the Docksider Restaurant has kind of nailed down the trailer launching to only Glen Lake esidents, so much so that it has up its fee to twenty dollars a launch and if you are out of the Glen Lake area you are not allowed to launch a boat there. So, this has caused cars and trailers to come down into the Town boat launch area and they launch there and in some instances they park there which completely ties it all up. This was brought to our attention we went to the Town Counsel and said we need to re-establish the local law and kind of nail down the trailer boats were not allowed in there at all and that is why we have this amendment to this local law. COUNCILMAN MARTIN-How long have we owned that Harry? How did we come about this? DIRECTOR HANSEN-It was always owned by the town it was a spot where the fire companies could get water out of if they had fires in the area. In the 80's I thought it would be a good idea proposed to the Town Board that we make it a canoe, car top boat launch and COUNCILMAN MARTIN-That was always the intent that it be just a canoe, car top? DIRECTOR HANSEN-That was always the intent when we initially set it up you know in the early 90's. There is a resolution from the Town Board that mentions non-trailered, only non-trailered boats, trailers were not allowed. TOWN COUNSEL SCHACHNER-That is correct Resolution No. 144 of 1991. DIRECTOR HANSEN-It just never got entered into the local law, because it was not a problem at that time. COUCILMAN BREWER-I certainly could understand not letting people park trailers and cars and everything there but I agree with you Dennis, that how can we sit here and say that some resident in this town cannot put a boat on Glen Lake at the Town facility but if they want to go next door and pay twenty bucks they can? DIRECTOR HANSEN-That boat launch is not conducive to trailers you cannot back a trailer down there without tying up traffic on COUNCILMAN BREWER-For how long? DIRECTOR HANSEN-For any length of time. SUPERVISOR BROWER-It is set over on the side, but they have been doing it for how many years? DIRECTOR HANSEN-They have not been launching trailers there, they have not been launching trailered boats there. SUPERVISOR BROWER-You said that they did. DIRECTOR HANSEN-No. What I am saying is that just this year they have started to launch them there they have launched them at the Docksider Restaurant at that site, which you are allowed to pull in and back in within their parking area. This is only a fifty-foot wide area and a fifteen-foot entrance at both the street and at the lake this site is not conducive to launching a trailered boat. COUNCILMAN MARTIN-Well, I feel better then, that, that was never the intent from the outside so we are just re-affirming what was always the intention. COUNCILMAN TURNER-Its not Tim, .I have been on the lake and I have launched right from there and you can't put a trailer and boat in there it is tight. You got to go over the shore and then you drop right down boom. ..when I was there with a canoe. COUNCILMAN BREWER-I guess if that is the case, but I don't want, for me to say that somebody in the Town can't put a boat there and the Docksider is controlling whether you can put a boat in there or not, I think that is wrong. It is to me anyway, who the hell are they to say that somebody cannot put a boat in there because they are not from Queensbury? DIRECTOR HANSEN-That is a different issue. COUNCILMAN BREWER-No, I understand that and SUPERVISOR BROWER-I think that he said because they were not from Glen Lake they do not live on Glen Lake. COUNCILMAN BREWER-Whatever. DIRECTOR HANSEN-He is a private owner. COUNCILMAN BREWER-He does not own that lake. DIRECTOR HANSEN-He is a private owner. COUNCILMAN BREWER-Of the property he does not own the lake. SUPERVISOR BROWER-He controls the access though. COUNCILMAN TURNER-The question I have, if that is true for any reason that we abandon the site that... then the State will not stock the lake any more with trout? DIRECTOR HANSEN-That is a point that came up this spring, I was called by Bill Miller who asked you know, were we going to continue to allow canoe and car top access and we said yes. He said because they were seriously considering not allowing, not stocking Glen Lake, primarily because now it was a closed lake. It was not open to the public as they see it and they did go through with it this year but at last comment from him they were seriously considering whether they would continue it in the future. Because we could not allow, in other words our facility does not allow that many people to use it and it was never meant to. It was you know a secondary site so to speak. COUNCILMAN TURNER-Well, I will tell you right now the people that fish there they fish there at night in the summer time and they are there all night long, they are there out there to two, three o'clock in the morning fishing. And this says closed at 9:30. DIRECTOR HANSEN-And that has always held up that has not been a problem. We have people next door that watch it and they are not afraid to call the town department to alert the Warren County Sheriff and so we turn around and call them. So, that has happened. SUPERVISOR BROWER-Well you know that boat site is so narrow you could not bring a big boat in but you might be able to bring a small boat in and launch and then you could drive your trailer back to your home and have someone drive you back. DIRECTOR HANSEN-But, I think you need to, you know address what it is and what it was intended to be and you know if we want to address how to launch trailered boats we need to work with the Docksider. COUNCILMAN BREWER-There is no other point on that lake that boats could be accessed? Just out of curiosity? COUNCILMAN MARTIN-The only other point you could, I think, there is a place down at the old casino that you can get boats in there. COUNCILMAN BREWER-But there are apartments or something down there now. COUNCILMAN MARTIN-Yea, it is not the casino anymore, but I think there is a ramp down there, if! recall. COUNCILMAN BREWER-There always was, there used to be. SUPERVISOR BROWER-That is the case all over Glen Lake and Lake George, the number of sites that you can launch boats is limited. I am not saying that is necessarily bad but it is a fact of life and I just hate to restrict it more than it already is. COUNCILMAN MARTIN-Well, I feel better in that we are just reaffirming we are not pulling back any prior thing that was done. However, I would not mind if the Recreation Commission would like to investigate the possibility of working with the Docksider. COUNCILMAN TURNER-I think they should COUNCILMAN MARTIN-On a, I agree that we should have public access to the lake. My main concern is today, right now, this is not physically configured for that type of thing. The launch itself is not and the parking is not there for the trailers if we did have a properly configured launch. I mean it would be a disaster if you had trailered boats down there in any kind of quantity. Until we can make facilities that are both in terms of the ramp and the parking that are sufficient I do not think it is a wise move at this time. I agree with your philosophy, Dennis. SUPERVISOR BROWER- I just hate to institute a law that is going to be more restrictive until we can talk to the Docksider and see what their intention is. COUNCILMAN MARTIN-We have heard tonight that it is not more restrictive it is just a re-affirmation of what always was, but I would like to see if we could investigate you know, wider public access. SUPERVISOR BROWER-I would to. Ok. COUNCILMAN MARTIN-There is a project for the capital project list in all seriousness. SUPERVISOR BROWER-Any further comment, Harry at all, no, anyone else care to address the Board on this public hearing while it is still open. Being none, Town Board Members comment? COUNCILMAN TURNER-I just looked at the resolution it says 9:00 I believe. COUNCILMAN MARTIN-Oh, really. SUPERVISOR BROWER-Yes it did say 9:00 O'Clock. TOWN COUNSEL SCHACHNER-That is parking, right, parking would be limited is proposed to be limited to six am to nine prn. COUNCILMAN BREWER-Who is going to enforce it? Who is going to be there at 9:00 O'Clock? COUNCILMAN MARTIN-Harry, he has been there at 9:00 O'clock before right? DIRECTOR HANSEN-Oh, yea. COUNCILMAN MARTIN-That is why he gets the big money. SUPERVISOR BROWER-Any other comment from the Board? Ok. (Hearing Closed) I guess, it is up to the you guys does someone what to move it? RESOLUTION ENACTING LOCAL LAW NO.5 OF 2001 TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 125 ENTITLED "GLEN LAKE BOAT LAUNCH SITE" RESOLUTION NO. 247.2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 5 of 2001 to amend the Queensbury Town Code by adding a new Chapter 125 entitled "Glen Lake Boat Launch Site," which Chapter's purpose is to provide a convenient, safe area for launching of canoes and other small boats which are transported without the use of a boat trailer and to meet safety concerns to prevent trailer usage and access at Town-owned property on Glen Lake, and WHEREAS, the Town Board duly held a public hearing on June 18th, 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, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law NO.:5 of2001 to amend the Queensbury Town Code by adding a new Chapter 125 entitled "Glen Lake Boat Launch Site," 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 18th day of June, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin NOES Mr. Brower ABSENT: None LOCAL LAW NO.: 50F2001 A LOCAL LAW TO AMEND THE QUEENSBURY TOWN CODE TO ADD A NEW CHAPTER 125 ENTITLED "GLEN LAKE BOAT LAUNCH SITE" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Title. The Queensbury Town Code is hereby amended by adding a new Chapter 125 entitled "Glen Lake Boat Launch Site" as follows: ~ 125-1. Findings; Purpose. The parcel of land owned by the Town of Queensbury located between Glen Lake Road and the shore of Glen Lake and shown as parcel number 38-4-1 on the Town of Queensbury tax map (the "Glen Lake Boat Launch Site") includes approximately fifty feet (50') offrontage on both Glen Lake and Glen Lake Road. However, due to topographical constraints, the actual usable footage at each location is only approximately fifteen feet (15'). In addition, the access point to Glen Lake Road is situated at the base of a hill on a blind curve which results in a very limited line of sight and sight distance which is sometimes further obscured by overgrown vegetation. As a result of these conditions, boat trailers can only be backed down the Boat Launch Site roadway and access to the Site by boat trailers is unsafe for both motorists on Glen Lake Road and the trailer owners. The purpose of this Local Law is to provide a convenient, safe area for launching of canoes and other small boats which are transported without the use ofa boat trailer and to meet safety concerns to prevent trailer usage and access as detailed in Resolution No. 144 of 1991. ~ 125-2. Regulations. A. Boat Access. The Glen Lake Boat Launch Site shall be used only for launching canoes and other small boats which are transported without the use of a boat trailer. No boat trailers shall be permitted to enter the Glen Lake Boat Launch Site for any purpose and the Town Director of Parks and Recreation shall place appropriate regulatory sign(s) at the Glen Lake Road access point to the Site. B. Parking. The Town Director of Parks and Recreation shall designate one handicapped parking space and two other parking spaces at the Glen Lake Boat Launch Site and shall place signs or other markings clearly indicating the location of these parking spaces. No vehicle shall be parked or left standing at the Glen Lake Boat Launch Site except within these designated parking spaces. Parking shall be permitted only between the hours of 6:00 a.rn. and 9:00 p.m. C. Fencing; Maintenance. The Town Director of Parks and Recreation is further authorized to erect such fencing and/or other structures as are deemed necessary to ensure appropriate use of the Glen Lake Boat Launch Site and to generally maintain and improve the area to facilitate the approved use of the Site. ~ 125-3. Penalties. A violation of any provision of this Local Law shall, upon conviction, be punishable by a fine not to exceed twenty-five dollars ($25) for a first offense and fifty dollars ($50) for each subsequent offense. In addition, the Town may institute any proper action, suit or proceeding to prevent, restrain, correct or abate any violation of this Local Law. Section 2. Severability . If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. Section 3. Repealer. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed including in particular Local Law NO.5 of 1991. Section 4. Effective Date. This Local Law shall take effect immediately upon its filing in the Office of the Secretary of State as provided in Municipal Home Rule Law ~27. 2.2 PROPOSED ADOPTION OF POLICY AUTHORIZING AND ESTABLISHING TOWN OF QUEENSBURY CAPITAL IMPROVEMENT PLAN NOTICE SHOWN SUPERVISOR BROWER-Henry, would you like to bring people up to speed on this? COMPTROLLER HENRY HESS-The Town has been working I guess for a couple of years or a year and a half very diligently on establishing a Capital Improvement Plan, what we have to adopt now is a policy that establishes the purpose, the components, the ranking procedures, prioritization of projects and they weigh a fund and a basic guidelines for funding projects. It is about a four page and also you have evaluation form, a evaluation criteria. The step of holding the public hearing is required under the terms of the Capital Improvement Plan itself we cannot transfer money into that right now because we do not have the audit report back that will happen sometime within the next month. But, the first step is to adopt the plan itself. If anyone has any questions about the plan we can talk about it, but it is very straight forward and it is very procedural. This step tonight does not adopt the list of capital projects that is a separate function that will take place after this is adopted and after money is approriated. SUPERVISOR BROWER-Any questions of Henry by Board Members at this time? COUNCILMAN MARTIN-It makes reference to a Capital Improvement Plan Coordinating Official, who would that be or how is that defined? COMPTROLLER HESS-What we wrote into there, there is a committee, COUNCILMAN MARTIN-I saw the committee. COMPTROLLER HESS-a ranking committee and if the Town Board sought to, in other words it is undefined who actually is going to administer this, it could be the Supervisor's Office, it could be the Comptroller's Office it could be Chris's Office, or it could be somebody assigned to do that and if somebody else is assigned other than one of those officials it would be, we wrote into it that, that person would also be a member of the ranks. That is really all we are saying. It is an optional position. It only allows for the possibility that it might be somebody else that does this some year. COUNCILMAN MARTIN-No, I think that is a good list for the committee, just for the public's benefit, that committee would be, the Supervisor, Chris as the Executive Director of Community Development, Town COMPTROLLER, Superintendent of Water and Wastewater the Highway Superintendent and the Director of Parks and Recreation and then it is applicable this other optional position. SUPERVISOR BROWER-Thank you Henry. At this time I would like to open the public hearing to anyone that would care to address the Board on this particular public hearing. Seeing none at this point I will ask the Board Members if they have any further comment? COUNCILMAN MARTIN-This will be a aImual exercise, correct, Henry? COMPTROLLER HESS-It is anticipated that, or else required under the terms that it would be at least aImually, if there is a reason to re-prioritize during the course of the year this does not preclude it. It does require that the ranking committee meet at least quarterly to review new projects that come in and look over the progression of projects through the chain, so there are quarterly meetings for the committee, action by the Board at least once each year. COUNCILMAN MARTIN-And then once we adopt this or if we were to adopt this tonight we would be able to begin starting the process practically immediately, correct? COMPTROLLER HESS-I would expect that if this were to be adopted that the committee would convene sometime and start dealing with the initial list and start the ranking process. COUNCILMAN MARTIN-That would work concurrently with our budgeting process upcoming? COMPTROLLER HESS-Well, it would, it certainly could. You have got a couple of factors for financing, one we need for the Board to express an interest in establishing a reserve against the fund balance and we are, we really thought that we would have that ready for this meeting, it did not happen because we got a two week delay in getting the financial published. But, that does not hold anything up. So, we will have that to deal with and then as we do the initial prioritization and you identify projects that can be done in the year two thousand and two we can incorporate them in the budget process. COUNCILMAN MARTIN-Are you going to make a suggestion then as a financial officer of what that reserve should be? COMPTROLLER HESS-Yes. COUNCILMAN MARTIN-All right. COMPTROLLER HESS-And I can tell you it is going to be in the range of about two and a half million dollars, initially. COUNCILMAN MARTIN-Now in terms of and I know I maybe getting ahead to the best part of this which is actually going through the process but at that time decisions would have to be made as whether we fund these things outright you now, in cash so to speak or the more advantageous way to do that would be to take a bond out and pay it out of the anticipated reserve? COMPTROLLER HESS-I think the characteristics of each project will sort of determine what the COUNCIMLAN MARTIN-Useful life and things like that. COMPTROLLER HESS-How urgent to get it done how bondable is it, there are other sources such as grants, matching funds are there special interest preferred loans to be had for so I think each project will have its own unique set of circumstances for funding. One source of which will be the funds that you put aside in the reserve, yes. COUNCILMAN MARTIN-I was saying that the smartest and best use of those funds whether it be you know in paying a bond or outright payment for the project or a combination of both. I would expect it, going to be a combination of both or many ways like you suggest. COMPTROLLER HESS-I think so, I think the other thing that establishing a reserve does some of the projects, we are going to go through and there is going to be, there is going to be an operational will or a political will or whatever to get some of these things done but the over riding financial availability of funds is going to dictate the order in which they are done. However if you put aside a reasonable reserve I tend to think that in some cases that is going to make matching funds and preferred interest rate funds more readily available because you have done your share in advance. You have committed funds to get these things done and I think that will help funding in other ways. COUNCILMAN MARTIN-Because the effect of that we could leverage additional matching funds and potentially double the size of the available money. COMPTROLLER HESS-Some of your projects will probably be eligible for that and I think the reserve you put aside that is going to be one of the major advantages of it, yes. SUPERVISOR BROWER-Thank you. Any other comments from Board Members at this time? Ok. (Hearing Closed )In that case I will entertain a motion. RESOLUTION AUTHORIZING ADOPTION OF POLICY AUTHORIZING AND ESTABLISHING TOWN OF QUEENSBURY CAPITAL IMPROVEMENT PLAN RESOLUTION NO.: 248,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to adopt a policy authorizing and establishing a Capital Improvement Plan (CIP) for the Town of Queensbury, such CIP Policy to serve as a plan to facilitate meeting the Town's future capital needs, including public works infrastructure, and WHEREAS, in accordance with New York State General Municipal Law ~99-g, the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed CIP Policy, and WHEREAS, the proposed CIP Policy 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 authorizes and directs adoption of the Policy Authorizing and Establishing a Capital Improvement Plan for the Town of Queensbury as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to distribute copies of the CIP Policy to all Departments and take such other and further action as may be necessary to implement the CIP Policy and effectuate the terms of this Resolution in the maImer provided by law. Duly adopted this 18th day of June, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None Discssion held before vote: Councilman Martin-I want to thank especially Chris and Henry for the time that they put in on this, this was a nice piece of work and it is a very progressive step I think. 3.0 HEARING 3 .1 REMOVAL OF STRUCTURE OWNED BY GORDON LA BARGE LOCATED AT 2027 RIDGE ROAD, QUEENSBURY SUPERVISOR BROWER-I would like to ask Dave Hatin to come forward and give us a little background. DIRECTOR OF BUILDING AND CODES DAVE HATIN- Mr. LaBarge is also here. The Board Members will remember that back in December of 2000 you passed a resolution that basically ordered Mr. LaBarge to remove his structure by April, I will give you the exact date here, by March 30,2001. The structure has been half removed it was started in January half the second story was removed over the past month the other half of the second story has been removed but the structure is still there. In talking to Mr. LaBarge he felt that he had done what he was obligated to do I explained to him that it was very clear when we left the board meeting that night that he had to take down the entire structure by that date. That resolution stood for itself and you also at that meeting authorized me to get prices and have it demolished if you fail to do so by March 30th. I told him I would give him one more opportunity before the Board before I took that action. I do have prices tonight to demolish that structure and remove it unles you give Mr. LaBarge more time. COUNCILMAN BREWER-I thought it was that he could not take the whole thing down he had to take part of it down and rebuild it and then take the other part down. DIRECTOR HATIN-No, as a matter off act the resolution is very clear that the entire structure be removed by March 30th. MR. GORDON LABARGE-You are dead wrong because... SUPERVISOR BROWER-Mr. LaBarge come on up and have a seat and please introduce yourself and state you name and address, please. MR. GORDON LABARGE-My name is Gordon LaBarge I own the property at 2027 Ridge Road. From day one this has been going on for five years, Dave and I am getting tired of you pushing me around, all right, lets have that understanding. SUPERVISOR BROWER-Mr. LaBarge don't, please don't attack Dave Hatin, personally. MR. LABARGE-I am not going to attack him here. SUPERVISOR BROWER-I mean personally. Just address the Board please. MR. LABARGE-I have said from day one when I started talking to Mr. Hatin about this situation he told me at one point I could only take fifty percent of this structure down to rebuild it. That is his exact words. SUPERVISOR BROWER-Well on the same footprint. MR. LABARGE-Exactly. SUPERVISOR BROWER-I think I recall a discussion to that nature, Dave, we had that discussion to a certain extent. MR. LABARGE-Then I come in front of the Town Board and I SUPERVISOR BROWER-Mr. LaBarge hold on, Mr. Hatin? At one time you told me he couldn't, ifhe wanted to build on that same spot he couldn't remove more than half the structure. DIRECTOR HATIN-Ifhe wanted to rebuild that structure and he tore down more than fifty percent he would have to make it comply with the existing zoning. SUPERVISOR BROWER-He would have to get a variance. DIRECTOR HATIN-Right. SUPERVISOR BROWER-In order to build on the same footprint. DIRECTOR HATIN-Right. The problem that has arisen since that time is the structure has become dilapidated and basically irreparable. I have got right in the minutes where Mr. LaBarge states that he knows that the structure is no good and he asked to tear the entire thing down and that is stated in the December 18th meeting, it is right here in the record. MR. LABARGE-I do not have to tear the entire thing down to rebuild it Dave. DIRECTOR HATIN-Ifyou would like me I can read his exact words. SUPERVISOR BROWER-Mr. LaBarge, please MR. LABARGE-I did not type that, so how do you know that they are my exact words. I told you I want to rebuild SUPERVISOR BROWER-Mr. LaBarge, please, please remain calm and quiet and let Mr. Hatin read your words from the records. We record them and we type them. DIRECTOR HATIN-It says here and the structure is no good I know that there is nothing I can not even rebuild what is there, you know what I mean, I realize that, Dave. That is after I made a conversation that the structure basically was in disrepair. SUPERVISOR BROWER-Thank you, Mr. Hatin. Now, Mr. LaBarge in fairness to you I want you to tell us what your intention is with this property and where you are at with it. Speak into the mic please. MR. LABARGE-My intention is to put a house on this property, and it has been from day one to better the place. I went up there, I spent a ton of money cleaning the place out, the trash and stuff that was there, he comes back one day and tells me that I should have left it the way it was. Who is he to tell me? I pay the taxes on that property all right. Now, I say to Mr. Hatin, I want to take the top half of the house off and have a one story home there, the original foot print is still there the foot print that the house is sitting on is there. Ok. I know the house that is there, there is no, nothing in it is of any good to anything. OK. I know that. When he tells me that I can only take fifty percent down at a time to rebuild I ask him if I take the top of the house off what constitutes fifty percent. I have yet for five years to get an answer to that. Ok. Now, I come in front of the Town Board they give me sixty days to act on this, which I did. I went up there and started to take the structure own, I have to pay two hundred dollars a load to get rid of this stuff and I am sure you know that. I work a job every day, I still have to live I make a pay check every week, I CaImot take four or five or six hundred dollars a week out of my paycheck and have this stuff taken away. I do it when I can afford it. Out of my own pocket. I do not feel that I should have to go to a bank to borrow money to build a house. The structure will be down. All I ask you people for is a little time, I do not want no problems with no body. I am not doing nothing against the law or the Codes or anything. What I do there will be to code and that is all I can tell you. When I can afford to do it do you understand what I am getting at. SUPERVISOR BROWER-Mr. LaBarge, one thing I do not totally understand is do you plan on taking the whole structure down? MR. LABARGE-Yes. SUPERVISOR BROWER-You do. MR. LABARGE-Eventually, yes. Within this year I hope to have that structure down file for my building permit and hopefully get a shell up before snow hits, that is my intention. SUPERVISOR BROWER-Dave, would he have to file for a variance first, I think he would, wouldn't he? MR. LABARGE-Why do I need a variance? DIRECTOR HATIN-Let me just explain something, when we were at the last meeting there was a very lengthy conversation in the record of where Mr. LaBarge was going to file for a variance after the first of the year, and never did so. I remember Jim having a specific conversations with him asking if he understood it and it is in the record, Mr. LaBarge did, supposedly understand what he was supposed to do. That was contact our office, file for a variance. That was never done. SUPERVISOR BROWER-Can he file for a variance, could he file for a variance now? DIRECTOR HATIN-He can file for a variance whenever he wants. MR. LABARGE-Why do I need the variance right now, Dave, why do I need to apply for something I do not need until the structure is down. SUPERVISOR BROWER-If you file for a variance and they deny your variance then you would have to build your structure to conform with the laws of the Town currently which means you could not build it on the same foundation. So, in your best interest if you secured the variance now, you would in effect lock your rights in to being able to build on that same foundation, that same footprint. MR. LABARGE-So, what you are telling me is, that once I take that house down and I do not have a building permit then I CaImot build a house on that footprint again? DIRECTOR HA TIN-That is what we have been telling you all along. MR. LABARGE-I do not think that, I do not think that is right, Dave. DIRECTOR HATIN-I does not make the laws. MR. LABARGE-I think that is grand fathered in we have lived there forty years, I think that is grand fathered in that when you take that structure down whether it burned or whatever happened to that structure you can build on that original foot print which is the foot print that is there. I have been there forty years, Dave. SUPERVISOR BROWER-Here is the concern that I see, that I would like to relate to the Board. If we do not allow Mr. LaBarge any additional time to remove the structure and to file for the variance and all that then Dave said he got prices to remove it, but then it goes on his taxes. Then if he CaImot pay his taxes it goes to tax sale then he looses the property totally. So, it is kind of a it is snowball rolling down a hill, and Mr. LaBarge we understand the seriousness of this and I understand I think I understand your intent. But, you cannot go on forever with this property. MR. LABARGE-Let me explain something from the beginning, all right, after my dad died my mom moved out of there, I paid all the back taxes on that place, I spent all the money to clean that property off, ok, I have asked no body for nothing to this point. All I want to do is go in there and clean that place up. I bought a camp trailer I stayed in it for a few month there I am not going to lie to no body, I did not put any gray waters on the ground I got receipts where Jay Sweet came in once a week and drained the holding tanks on the trailer. I never took the tires off the trailer, it was not permanent. Mr. Hatin comes up says we cannot do it. Ok. We go rent a place. Now, I am paying rent someplace that I CaImot use my monies to start building this house that I want to build. It has been going on for five years he has been pushing me around and I am sick of it. I am serious, I am sick of it. If you people want to own the property show me a little something for it I will go up there and take the rest f the structures off the property and you can have it and we will all be happy. I am not looking for no trouble from no body. SUPERVISOR BROWER-Well, Mr. LaBarge you say that, but that is not what you really want to do. You told us, you told me that you want to build a structure on that property and live there. MR. LABARGE- I do but if it is going to keep creating problems for me and I have got to take time from work it just, I might better sell it to somebody and be done with the problem. If it is a problem with the town that I want to build a house there I don't get it. It don't get it. COUNCILMAN BREWER-I don't think anybody has a problem with you wanting to build a house there Gordie at all. Is the structure that is there unsafe right now? In other words if a kid was playing there MR. LABARGE-I am not going to tell you that it is not, because I don't really know but I know that the top half of the house is off now, all right, I CaImot say that it is unsafe to the public, but it is not public property it is private. I have it posted. If my place is a hazard to the public then the place directly across the road from me would be more of a hazard because it is right on the road. I do not get it. COUNCILMAN BREWER-I come back to this and I do not dispute that we all agree that you would do something with it but as I remember he could not take half of the property, more than fifty percent of it down and he had, but if he takes fifty percent of it down on the top how the hell can he build new on the top and then take the top off, I understand that but it does not make any sense. DIRECTOR HATIN-The problem is the structure has been let go for so long it is in disrepair now it is no good for anything. COUNCILMAN BREWER-There is no way he can build a home the same foot print that is there now. COUNCILMAN STEC-Without a variance. COUNCILMAN BREWER-Without a variance, why without a variance because wait a minute, as I recall and maybe I am crazy but, camps around the lake they come in for a permit they can build on the same foot print, why doesn't this apply here? EXECUTIVE DIRECTOR CHRIS ROUND-That is not correct. New construction activities have to comply with the zoning ordinance there is no grandfathering of a foundation and re-construction on the structure. I think, you guys are relying on your recollection of a meeting six months ago that Jim has the meeting minutes in his hand that, that is something that Mr. LaBarge has been entertaining for several years and the conclusion of the meeting it was resolved that the structure was going to be torn down and an area variance was going to be applied for. Neither have occurred to date and I think you are still struggling with those same issues. But, I think you ought to look at the meeting minutes to reflect MR. LABARGE-The reason why I did not apply for the variance is because I don't think I need a variance at this point, why spend some monies that I do not have for something. EXECUTIVE DIRECTOR ROUND-The Board Members are just trying to provide you with some guidance that, to plan ahead in order to plan the size of the house. If you need to obtain a variance to construct anything on the site you obtain the maximum amount of relief that you are able to do and then you can go forward plaIming the size of your house. COUNCILMAN MARTIN-We are right back to where we were in December. Now, we went through this once, and it is right here and you say here that you are not married to having the new house on the location that the old one is. MR. LABARGE-No, I am not and I did say that to you, yes. I am not disputing that a bit. COUNCILMAN MARTIN-What was supposed to happen given the verbal agreement that was struck here was after the holidays you were supposed to go into the Building Office with the information that you had on the lot, meaning if you had a perimeter surveyor something like that and see where you could locate a new structure. MR. LABARGE-That was if I did not meet my set backs which I totally meet. COUNCILMAN MARTIN-Well that is fine, if you meet the set backs than you can build anywhere within that area that you meet the set backs. MR. LABARGE-Then why do I need the variance if the foot print COUNCILMAN MARTIN-You don't. MR. LABARGE-That is what I do not understand here. COUNCILMAN MARTIN-You do not need a variance if you are going to build a new structure elsewhere that is compliant. COUNCILMAN BREWER-What is it zoned? DIRECTOR HATIN-Rural Residential three acre, I believe. SUPERVISOR BROWER-But Dave, didn't COUNCILMAN MARTIN-And that was explained the last time. SUPERVISOR BROWER-But, Dave you said that EXECUTIVE DIRECTOR ROUND-I am sorry but you are getting into planning a project something that we can handle in the office, I think, if you have a foot print of a desired structure we can site it in the most compliant location. I am relying on my recollection I think the existing footprint violates probably a road set back and a wetlands setback issue and that is why he could not reconstruct in the identical footprint and that has been communicated on several occasions both verbally and in written correspondence. SUPERVISOR BROWER-The site does not meet the criteria. EXECUTIVE DIRECTOR ROUND-The site does not meet the criteria, if there is another location I am not familiar with, with the rest of the property if there is a compliant location you do not need a variance but, I think the issue was the structure and timely removal of the structure and I have heard Mr. LaBarge explain his reasons why he has not been able to do that. I think deal with one issue at a time right now. SUPERVISOR BROWER-I would like to ask a question, Dave. I saw up on West Glens Falls, in West Glens Falls on Corinth Road where the site, where the Stewarts' is intended to go there was a fire drill and they burned the place, they burned the place on a Saturday morning and blocked traffic off and the whole bit. Why couldn't the fire company after Mr. LaBarge does his variance why couldn't they do a drill there? DIRECTOR HATIN-That is up to the fire company that is their choice, we have no say in that. The bottom line here is the Board has to make a decision are you going to authorize me to demolish this or are you going to give him more time? That is really the issue here tonight whether he needs a variance when he wants to build that is like Chris says that can be dealt with when he applies for a permit. That really has no bearing on this issue tonight. The variance or building permit he has not applied for anything there is nothing for us to really discuss with him until we see something on paper. All we are saying is the structure that is there is dilapidated it is unsafe it needs to come down we have given him more than enough time I feel, I have explained it to hirn. MR. LABARGE-You haven't I do not have thousand and thousand of dollars Dave. You do not understand that apparently something that you do not comprehend there, I do it when I can afford to do it. DIRECTOR HATIN-The board should understand that you have already authorized me to do this; I for the benefit of him let him come back to the Board to discuss it with you. SUPERVISOR BROWER-Let me ask you this, what you said you got prices, how much. DIRECTOR HA TIN-The cheapest was thirty eight hundred dollars from Kruger Concrete. COUNCILMAN MARTIN-That was a good point about the fire drill the burning drill. DIRECTOR HA TIN -You have to be careful of, there is a stream and wetlands within thirty feet of the structure. MR. LABARGE-It is a mountain run off, tell the truth. DIRECTOR HATIN-It is a stream and wetland. MR. LABARGE-They call it wetlands but it is dry right now, how can it be wet? It dries up in the summer time every year, Dave, every year has for forty years. COUNCILMAN BREWER-Do you have a copy ofa map of this property? EXECUTIVE DIRECTOR ROUND-I do not have one. DIRECTOR HATIN-No we don't. MR. LABARGE-I have a survey map because I had the property surveyed. But if you want to set another board meeting I will bring the stuff and show you. I am not trying to pull the wool over your nobody's eyes by no means. COUNCILMAN MARTIN-I am not suggesting that you are I am just trying to get you to the end. The best thing that I have heard tonight is has anybody approached the Chief of that Fire District to see if they can do a burn? COUNCLMAN BREWER-Why don't we start with that? DIRECTOR HATIN-The other issue though Jim just so you know is that does not mean that you can burn it and let it sit there for another month, it has to be cleaned up right away, so that is the other issue you have to deal with. MR. LABARGE-So, why don't I just take it down by hand like I have been doing because I do not have the mess there when I pick everything up, with a fire I do not have the equipment to do that with, Dave, and I cannot afford to have equipment come in there and do that. You are talking sixty-five dollars an hour a piece of machinery, you know what I mean. SUPERVISOR BROWER-Chris, let me ask you a question. The procedure for a variance doesn't matter, if he is locating a house other than on the specific site the criteria is going to be the same whether the structure is up or down. So, if the structure is down they still might grant him a variance and they might not. COUNCILMAN MARTIN-It still doesn't help this issue though about a dilapidated unsafe structure. MR. LABARGE-I don't get the structure down, I only asked the town for time, I do not have that kind of money. COUNCILMAN BREWER-How much time, Gordie, that is the question. MR. LABARGE-I need at least ninety more days. COUNCILMAN BREWER-So that brings us into September, the end of September. COUNCILMAN MARTIN-That is more than ninety. DIRECTORY HATIN-The end of September would give three and half months., roughly. MR. LABARGE-The end of September would be. SUPERVISOR BROWER-Let me ask you this, Mr. LaBarge, why can't you take the structure down and then take it away as you can afford it? MR. LABARGE-Because he wants me to get it out of there as I take it down, that is what you people are missing, he wants me to go in there, take it down get it out of there. I could go in there and knock it down I would be more than glad to and I will get it out of there... DIRECTOR HATIN-I am just following your Town, the order of the Town Board you made the order I am just trying to follow through with the order if you want to modify that order that is entirely up to you. He takes this as personal it is not personal for me I got the complaint which originally came through you. MR. LABARGE-You are the guy that keeps coming up and giving me the shit. DIRECTOR HATIN-I am the bearer of bad news I am sorry. MR. LABARGE-I try to ignore it but try to work with me I am a poor guy buddy, I mean, I do not have a lot. Holly Cow. DIRECTOR HATIN-I am just the messenger. MR. LABARGE-You don't make the news, right, just report it. SUPERVISOR BROWER-Mr. Salvador would like to comment on this public hearing, I guess. Mr. Salvador would you come forward. DIRECTOR HA TIN-It is not a public hearing, this is just a hearing. MR. LABARGE-Do whatever you want if you want to comment I do not have a problem with it. SUPERVISOR BROWER-I am sorry it is just a hearing, well Mr. Salvador I am still open to listening. MR. JOHN SALVADOR-Thank God, Mr. LaBarge has not removed more than fifty percent of that structure, because if he had you have got snow balls chance in hell of getting that variance that they are talking about. I still have not heard the definition of fifty percent of the structure. He has taken a second story off is that fifty percent, what if it was a one story building? What constitutes fifty percent? How about these project one partition at a time and never take down more than fifty percent at one time but in the end analysis over three years it is one partition at a time? Again what is the definition of fifty percent this is critical to this man's situation. If he exceeds fifty percent he has got to go for a variance. COUNCIMLAN BREWER-To build in that same spot. MR. SALVADOR-That is right, he will never get a variance to build any place else. Wetland and road set back in that neighborhood. SUPERVISOR BROWER-I have to agree that his lot precludes several options, so. COUNCILMAN BREWER-How big is the lot? MR. LABARGE-Two hundred and eight by two hundred and eight, but I can not use a third of the property correctly, roughly... DIRECTOR HATIN-I would have to take a look at the map. MR. LABARGE-Maybe under a third, but I CaImot do nothing with it because it is a mountain run off in the spring time of the year and it dries up in the sununer but they call it wetlands, I had AP A come up they flagged it off. I did what I was supposed to then because Mr. Hatin told me that I needed to do that. Didn't you? COUNCILMAN MARTIN-That is right you did. COUNCILMAN BREWER-We have got lots in this town with third acres and they have got houses on them and this guy has two thirds of an acre and he CaImot put a house on it? He has an acre but a third of it he CaImot use. MR. SAL V ADOR-Mr. Supervisor I have a standing question how do you define fifty percent it is critical to this application. EXECUTIVE DIRECTOR ROUND-One half I think is the most common definitions.. MR. SALVADOR-What is it? EXECUTIVE DIRECTOR ROUND-I do not know where the number fifty percent came out of. MR. SALVADOR-Excuse me, is it fifty percent of the footprint, is it fifty percent of the height is it fifty percent of the area, is it fifty percent of the volume? EXECUTIVE DIRECTOR ROUND-Yes. MR. SALVADOR-All of the above, right. EXECUTIVE DIRECTOR ROUND-I do not know where fifty percent came from. Fifty percent is not in our codebook. MR. LABARGE-You told me that, am I lying or not? DIRECTOR HATIN-Let John finish and then I will clarify that. MR. SAL V ADOR- Well, where did it come from? You do not know? Why is he encumbered by this fifty percent rule? EXECUTIVE DIRECTOR ROUND-I think there are two separate issues, I appreciate your input Mr. Salvador I think one issue is whether the structure is safe and is habitable the other thing if new construction if proposed is going to require a variance, we do not know what new construction is proposed we do not know what variance is being asked for or whether a variance is necessary or not. I CaImot answer any questions or any potentials or what to, where for, or where hows but I think you guys have got a decision to make without going further and further around on this one. MR. LABARGE-Can we come in front of the board one more time and I will bring our maps and stuff. DIRECTOR HA TIN-That is up to the Board. COUNCILMAN BREWER-Gordie, wait just a minute, this is only a suggestion you can do it or not do it, why don't we, we are going to have a workshop next Monday, all right why don't we give you until Thursday, Wednesday, Thursday you come in and meet with Chris with your plot plan of your land, see if you can place the home on there in a reasonable place without trying to get a variance. In the mean time we can contact the fire chief or some other way to get rid of this structure, next Monday in our workshop discuss with what we have come up with and make a final decision then. MR. LABARGE-You see, I don't have a problem with taking it down, but when Mr. Hatin told me five years ago roughly, four years ago, that I could not take down more than fifty percent of the structure to rebuild on the same foot print I do not think I missed a word there. I said, what constitutes fifty percent you never, never, gave me an answer, never. COUNCLMAN BREWER-Gordie, that was then, this is now. MR. LABARGE-So, I said I want to take the top half of the house off, I SUPERVISOR BROWER-Mr. LaBarge address the Board please. MR. LABARGE-I want to take the top half of the house off, I want to rebuild the structure that is there which is no good and I know that personally and will tell everybody. There is nothing in that structure that I would use in a house that I am building, I know that. I know the whole place has to come down eventually, but when I can only take fifty percent of the structure at a time to rebuild on that foot print without a variance because I have the foot print, all I want to do is rebuild the structure, he will not give me a definition of what fifty percent is if! take the top of the house off which I have done. Now that would be fifty percent I think, but I do not know. COUNCILMAN MARTIN-I do not think as a Town Board Member it is not my job to design your site for you MR. LABARGE-I do not want you to. COUNCILMAN MARTIN-It is not my job to tell you what constitutes fifty percent, it is not my job to tell you that this is a variance and this isn't or this may likely get approval, my only point of interaction with this whole process is whether or not this is an unsafe structure. MR. LABARGE-The structure is not safe, not to the public because it is not public property. COUNCILMAN MARTIN-So, I would like to discuss with you and I would be happy to do so at a workshop next week and if you want to bring any information that will help me in that regard I will look at it, I would like to discuss with you two dates. One date by which the structure will come down completely, and another date by which all remaining rubble from that demolition will be removed from the site. Because, you have limited funds, I appreciate that I don't want to see you go to a tax sale or anything like that, I would like to discuss those two dates with you. I think anybody with a little time and a sledge hammer can take down most residential homes especially one that is in poor condition. MR. LABARGE-That is what I have been doing but you got to be safe about the situation to Sir. COUNCILMAN MARTIN-I understand that, but all those things considered I would like you to think between now and next Monday what is a date by which you can have that thing taken down and then another date by which you can have all the remaining rubble removed from the site. MR. LABARGE-I can tell you right now, I do not need a date for that, if that is what you want, but I want to know that I am going to get a building permit to put a structure back on that premises. COUNCILMAN MARTIN-Well then now you have crossed out like I just said, my realm and like I said at the last meeting go see Chris and he can tell you what the options are given the dimensions of your property and where the wetlands are and all of that. MR. LAB RAGE-You are missing something here that I am saying. Let me say it like this, if! take that part of the house that is there now, I take two walls off from it to me that is fifty percent, I start rebuilding the house, I can do that on the footprint. I know that if I take that whole place down and I come apply for a building permit I am not getting one in the Town of Queensbury. I know that, ok. COUNCILMAN MARTIN-Well then before you do any demolition go see Chris and see what your options are, it is not my MR. LABARGE-I will do that, Thursday, I will bring the map down, I do not have a problem COUNCILMAN MARTIN-You will do that Thursday MR. LABARGE-Yes COUNCILMAN MARTIN-At what time, so we will make sure that he is there? MR. LABARGE-Listen I have to at least get a half days work in can I do that, I will come in the afternoon. COUNCILMAN MARTIN-I am working around your schedule at your convenience, when can you be there? MR. LABARGE-Two o'clock. SUPERVISOR BROWER-I guess that is ok, we do not have a sewer meeting that was last week. DIRECTOR HATIN-Jim can I just say something for the record? Mr. Salvador wants the answer and Mr. LaBarge wants the answer, fifty percent of the structure has been removed, ok. MR. LABARGE-I knew you were going to say that Dave. I knew you were going to say that. DIRECTOR HATIN-The whole second story has been removed from the structure, obviously the two story was one hundred percent, he has taken the second story off that's fifty percent, he did that on his own accord. This structure has to come down either way; the fifty percent doesn't matter anymore because this entire structure has to come down. It doesn't matter any more. COUNCILMAN MARTIN-What I am suggesting is on that score go and meet on Thursday afternoon at two o'clock and talk about what his options are given the condition of the site. I will be happy, speaking for me to talk Monday about those two dates in terms of this thing that is before us tonight the unsafe structure, demolish and removal of the rubble. MR. LABARGE-I can put the structure on the ground in thirty minutes time, it is the time to have the money to clean it up. COUNCILMAN MARTIN-I understand that and I am telling you to come to MR. LABARGE-And now that I CaImot build a house back there I don't give a shit if it gets knocked down or not. I will be back Thursday, I see you at the next board meeting, because I am going to lose my temper here and nobody is going to like me after that. Thank you. SUPERVISOR BROWER-Thank you Mr. LaBarge and Thank you Dave. So Mr. LaBarge is going into see Chris Thursday afternoon and we will talk about it Monday evening. So we will pull this for this meeting, I appreciate, Thank you Dave for your time and effort here. DIRECTOR HATIN-Will you need me here Monday or in the conference room SUPERVISOR BROWER-Supervisor's conference room. DIRECTOR HARTIN-I will try to let him know before he leaves. 4.0 CORRESPONDENCE Ltr. June 12, 2001 To Whom It May Concern: I am writing in regards to lights that where discussed in one of the town meetings, when talking about putting in the sidewalk from Aviation Rd. to Burke Dr. I am concerned as there are several tenants who have express concern as they walk that sidewalk at night. There is no lighting where the sidewalk was put in. The sidewalks also have a ridge on them, without lights one could fall. There is a Glens Falls Transit Bus Stop in John P. Burke Apts., the sidewalk go's the, the bus stop. There should be a light there as it is a Public Bus stop. As the time changes for the winter, it becomes dark sooner. Many people use the Public Bus Stop for getting to work, doctor's appointments, college. I have had several people stop in my office and remark about how nice the sidewalk area looks. Many of my senior walk for exercise and have stated how it feels not to worry about someone hitting them as they are on the sidewalk. With the amount of people who live at John P. Burke Apts., their safety and well- being becomes a big factor. People have changed and having lighting for the sidewalk area might deter any acts of violence. Please assure us that anyone who uses the sidewalk at night can feel safe when walking home, and that their well-being is not in jeopardy. Please feel free to contact my office at 793-3614, my hours are Monday-Friday 9:00AM-1:00PM 2:00- 4:30PM. Thank you for your time. Sincerely, Isl Susan A. LaPierre Office Manager Monthly reports: Building and Codes Dept. and Town Clerk for the Month of May on file. SUPERVISOR BROWER-Introduced Mr. Bob Rosoff of the Glens Falls Symphony Orchestra PRESENT A TION FOR GLENS FALLS SYMPHONY ORCHESTRA Mr. Robert Rosoff, Executive Director of the Glens Falls Symphony Orchestra and Mr. Mike Brassel from the Symphony Board spoke to the Town Board regarding the Glens Falls Symphony Orchestra, thanked the Town Board for their support ...the Symphony will be performing on July 4th 2001,6:00 p.rn. Crandall Park.... The spirit of Glens Falls and Queensbury, Uncle Sam and an Eagle puppet will be present. SUPERVISOR BROWER-Announced that a resolution with be forth coming from the Town Board for a contractual agreement with the Glens Falls Symphony Orchestra. 5.0 OPENFORUM Mr. PLINEY TUCKER-41 Division Street RE: Res. 6.5 Crandall Library SUPERVISOR BROWER-It is the intention of the Board to pull that resolution, the Attorneys for Glens Falls and Moreau would like time to review the proposed resolution so that we can all be uniforrn. MR. TUCKER-RE: second resolved, questioned the 100,000 figure... COUNCILMAN STEC-Noted that the figure was discussed at the previous joint meeting, the intent of 100,000 if you needed to repair or replace air conditioning system that you could do that without waiting for public referendurn. SUPERVISOR BROWER-Noted maybe we should look at that figure, noted the fire company figures of 50,000 ... TOWN COUNSEL SCHACHNER-Noted the Library's Attorney was looking to clarify the definition of Capital Project.. . questioned was raised if the library received a grant or award of a substantial amount of money it would still be a capital project but was it the intent that that would go to voter approval on money that was from a grant or award? It is the hope that would not have to have public approval. MR. TUCKER-Questioned if this proposed resolution was to be a part of the legislation that is now in effect? TOWN COUNSEL SCHACHNER-It is not proposed to be part of the legislation... COUNCILMAN STEC-We intend to file a copy with the State Comptrollers Office. MR. TUCKER-RE: Salary of Second Code Compliant Officer SUPERVISOR BROWER-$30,000 MR. TUCKER-RE: West Glens Falls Fire Company Are you doing any business with them over, I am still getting information that there is a lot going on there that shouldn't be. SUPERVISOR BROWER-As a result of an allegation that the fire company had gone out and secured funding or loan for repair of equipment, I did send a letter to the President of the Fire Company. He did respond as did the Treasurer of the fire company and that the Treasurer and the President had a different understanding of the contract then what the contract I think is fairly clear in stating. They indeed did send their fire truck to Ohio to the original equipment manufacturer to repair a safety problem with the bucket. They did intend to borrow money to do that. They did not, or had not come to the Town Board for permission to borrow the money which they have to do in their contract which I had informed them of in this letter and I asked them to get back to me with the status. John Wells, called me today and I spoke to Pete Harrington, Friday and Pete said let me read the copy of the contract and he read it and I said but it clearly states that you can not borrow any money without Town Board authorization So, there was a little confusion there and they are going to come to the next Board Meeting, they are requesting a resolution to allow them for borrow money for five years, forty thousand dollars I believe is the amount to repair the bucket and they are formally requesting a resolution and they will come and explain themselves to the Board on the 9th of July. MR. TUCKER-Just a little information for you people, when they purchased that truck they sold a pumper and they bought that truck and there was no authorization from the Town Board or anything else, it involved seventy thousand dollars. So, when they came before our Board for a resolution to borrow I think thirty or thirty four thousand dollars to re hab and paint the truck and they were questioned at that time quite intensely about all the hydraulics on this thing and everything and how they were going to maintain those would they be coming back to the board every time something happened to this thing. I believe that the minutes will show you that it was guaranteed at that time that the fire company was going to cover all the repairs. SUPERVISOR BROWER-I am not quite sure exactly how, what funding mechanism they are going to use to repay the loan but I think part of it may be through fund raising activities and they will clarify that when they come to the board. MR. TUCKER-RE: Compost Park Did you find out about it? How did it get there? EXECUTIVE DIRECTOR ROUND-Craig Brown did visit the site. Noted there is no building permit or site plan approval for the site. COUNCILMAN BREWER-Noted he spoke to the City about that and it was clean fill only. MR. JOHN SAL V ADOR-RE: Library Questioned the proposed survey that the Library was to conduct? SUPERVISOR BROWER-Apparently it is still at the printers, noted every resident is to receive the survey forrn. COUNCILMAN MARTIN-Noted that the next meeting of the expansion committee is Thursday at 7:00 o'clock. MR. SALVADOR-Questioned how those that pay taxes but are not residents will be heard? Spoke to the Board regarding the aImual reports to the Towns on the library budgets. . questioned if it is done in time to incorporate the figures into the budget?..I would like to see that improved this year. Questioned when the meeting will be held in North Queensbury for the scooping session for a waste water management project? SUPERVISOR BROWER-We are looking at mid July. MR. SALV ADOR-RE: Hole in the Woods Property-Aviation Road questioned if it will go to referendum? COUNCILMAN MARTIN-Noted a meeting was held with representatives of Hole in the Woods Board, discussed the alternatives of purchase, variance or rezoning...they listened and went back to their full board and decide what they would do. My personal assessment of that is that I do not know given their expectation are for purchase and what we are able to do there is a gap there to over come, we can only pay fair market value on residential property. MR. SAL V ADOR-RE: New Zoning Ordinance requested status report. EXECUTIVE DIRECTOR ROUND-We have submitted the final revisions to Chazens Company we will be getting a draft to the Board and we have meeting dates proposed and the Town Board will receive a memo on thern. It is our intent to have meetings in August for the summer people... MR. JOHN WELLS-Pinewood Road President of the West Glens Falls Vol. Fire Company I spoke with Dennis today concerning the issue with the tower truck and the funding of the repair and he mentioned that he was going to pass or introduce a resolution for public hearing on the 9th of July. I spoke with Councilman Brewer and felt compelled to come up and probably answer some questions and clear the air about any allegations that are being made against the fire company and ultimately the credibility of our word. So, if the Board has any questions concerning what we are doing or allegedly doing I am here to answer those questions now. COUNCILMAN MARTIN-I am very disturbed that a volunteer member of a fire company has to feel compelled to come up before this board and use words like allegations and clear the air. I think the very context that these types of discussions are, you feel like you have to have them is wrong. You are a volunteer member of a fire company and we should have these discussions I think in a much more amicable level than this and I am very disappointed that we are still at this. These words are being applied in the context of such a discussion. It is just not good, it is not healthy and in the long term we are going to be paying a lot more money than forty thousand dollars for a bucket repairs, if this type of dialog keeps up at this level. COUNCILMAN BREWER-When I talked to John I told him that maybe it would be a good idea if he came up if there were questions, I told him there were and I do not want to say the word allegations I guess you could say what ever you want that there was discussion of the fire company doing certain things with funds. I do not know if they are true, I to not know that they are false, I said why don't you come up if there are any questions from the Board members we can let them be known. COUNCILMAN MARTIN-I just want you to know at least from this one seat here if you want to talk to me as a member of the community and give me a little better understanding of why things happened the way they did I am welcoming to that, but I do not want you to feel that you have to come up to respond to allegations or suspicions or paranoia that I might have as a board member. MR. WELLS-It is not my intention to do that every time something comes up however I received a letter from the Supervisor a letter, it is alleged that our company borrowed money illegally and that allegation came in a public forum by Mr. Tucker to this Board and I am not even going to go to the point where I would exchange volleys with Mr. Tucker in a political candidacy race to further an agenda on either side. But in this particular instance to set it straight and establish a precedence that we are not going to get into this exchange of words. I am here to clear the air on this issue and any other that Mr. Tucker may have through the Board now. SUPERVISOR BROWER-Well John, I don't want Jim to set the wrong tone either. The fact is we have a contract you are aware of the contract I am aware of the contract you technically well I do not know if you have yet, but you have technically either had or were about to break the contract by not break it but violating the contract by borrowing money without Town Board authorization previously. So, it is incumbent or it behooves the fire company to communicate with the Town and say look here is the problem we have a safety issue with this thing we have to repair it, here is the amount of money it is going to cost, it is simple communication. We didn't have it and MR. WELLS-Except for one word in that contract and I believe that if we went to the previous contracts it was not in there so we were under the understanding that our spending limit was up to fifty thousand dollars a year. SUPERVISOR BROWER-I understand that you misunderstood that. MR. WELLS-As did everybody else in the company, because we believed the verb age in prior contracts was worded differently. It was not our intent to circumvent the Town, it was not our intent to do anything wrong despite information going to other people from our company to the contrary. SUPERVISOR BROWER-Well you, both you and Pete had expressed that fact that you never intended to do anything that was against the contract. MR. WELLS-We purchased this vehicle on our own, we sold a truck that we paid for thirteen, fourteen years ago. We took the proceeds from that truck and purchased this truck on our own. We then entered a loan which we sought resolution from to refurbish the truck that we are funding through our bingo. It still has not cost the Town of Queensbury a dime yet for that truck except for general maintenance and upkeep. Just so the Board is aware of this and who ever else is sitting in the audience. SUPERVISOR BROWER-Henry help me out with this, in the contract when companies sell vehicles that money reverts back to the Town generally, correct? COMPTROLLER HESS-If they have a vehicle reserve fund the money has to revert back to the vehicle reserve fund that squad does not have one. SUPERVISOR BROWER-For their own squad. COMPTROLLER HESS-For their own squad, it goes back into an account. SUPERVISOR BROWER-At that time did they have a vehicle reserve fund? COMPTROLLER HESS-The time that, that truck was bought two years ago they did not have one. MR. WELLS-We have not had one for the last six years. SUPERVISOR BROWER-We have talked about re-instating that because the Board believes that it is important to plan for future needs of the company. COMPTROLLER HESS-I think the issue at the time that was bought and I am not disputing whether it would have been approved or not but at the time it was bought and expenditure of fifty thousand dollars needed to go to the Board and that truck did cost more than fifty and it wasn't brought to the Board. I think that was the issue. The Board was aware of that when it approved the thirty for the painting. So, that's an old point now I do not think it has to be rehashed, because that was explained two years ago when they got the thirty for painting. COUNCILMAN STEC-Henry what is the progress on re-instating West Glens Falls vehicle fund where are we with that? COMPTROLLER HESS-That is a budgetary process, their contract comes up in the year 2003. COUNCILMAN STEC- There are plans you are planning on including in your budget preparation? COMPTROLLER HESS-I did not negotiate the last contract I do not expect to negotiate the next one. SUPERVISOR BROWER-To clarify the record I just want to read for the record the letter that I sent to John Wells, President of West Glens Falls Volunteer Fire Company #1. It is dated June 13,2001 Dear John, During a recent Town Board Meeting a member of the audience alleged that your company had borrowed money to repair your ladder truck. I do not know that this is the case, but I am compelled to formally ask if this is the case. You should be aware that no fire company is allowed to borrow money without the consent of the Town Board. Please let me know what if anything is being done in conjunction with the ladder truck. Sincerely, Dennis R. Brower, Town Supervisor. PS Please send me a current list of your Officers for our records. The specific language in the contract is page eight of the contract 5A. it goes, it reads as follows: The fire company agrees not to purchase or to enter into any binding contract to incur debt. of any amount or to purchase any piece of apparatus, equipment, vehicles,real property or make any improvements there on with the value of fifty thousand dollars or more without prior approval by resolution of the Town Board of the Town of Queensbury. Well, that's, I have to admit, I have to admit that, that language could have been misconstrued it does say incur debt of any amount or but then they talk about the fifty thousand dollar limit, so frankly when I saw the language I understood how it could be misconstrued and I appreciated the concern that not only you but Pete Harrington had shown by calling and say, hey look we were not intending to do anything outside the basis of the contract. So, I do appreciate that. COUNCILMAN MARTIN-Just so we are clear about my entire comment, because the comment was made that like I was taking this discussion in a certain direction. My concern is that you as the receptor of these comments describe to me how you feel. MR. WELLS-I feel like, I feel like we are being stabbed in the back. COUNCILMAN MARTIN-You feel like you are being, you feel like you are being accused of doing something dishonest. MR. WELLS-Yes. COUNCILMAN MARTIN-And knowingly doing so. MR. WELLS-Correct. COUNCILMAN MARTIN-And that is my point, there was an honest mistake made and that is the extent of it, and yet there is another instance in where there's that is how it is being received. That is the impression that is being left. My point is if that continues if there is this continuing pattern of degrading volunteers then people are no longer going to volunteer. If people do not volunteer then we are going to have to hire people to do these jobs and then you want to talk about costs? And that is my point. MR. WELLS-Just one more comment and I will end. Again, during Mr. Tucker's comment period he asked you about the situation with West Glens Falls and the ladder truck because he has heard a lot of things that are still going on up there, where do you put him on the task of saying what is going on. How can you sit and make general comments for the public records that there is a lot of bad things going on in West Glens Falls and we need to look into these and just leave it at that? SUPERVISOR BROWER-I do not know MR. WELLS-that is just what he said. SUPERVISOR BROWER-He may have said that but you did not hear any MR. WELLS-He did not say nothing but it is public records that there is a lot of bad things going on in West Glens Falls. COUNCILMAN BREWER-That is his accusation that MR. WELLS-That is correct but it is a public forum and the only way for me to answer that is in a public forum, otherwise, the air time is not equal. COUNCILMAN BREWER-Then let Mr. Tucker come up and tell us what is going on. MR. WELLS-Mr. Tucker, would you like to come up? COUNCILMAN BREWER-Or what he has heard that is going on. MR. TUCKER-Sir, you sit here like this is a whole new experience for you MR. WELLS-Since I have been President, yes. MR. TUCKER-Weren't you involved in the other situation that we had there, where you company spend insurance money that you were not supposed to spend according to the contract? MR. WELLS-No, Sir. MR. TUCKER-No you weren't? MR. WELLS-Again, I am not going to get into a public volley here MR. TUCKER-You sound like you are. MR. WELLS-But if you research the records we are the only fire company that returned our insurance money at the end of the year to the tune often thousand dollars for several years in a row. We were not involved in any spending, over spending of any insurance money and I am sure our audits will prove that out. MR. TUCKER-What was the problem Henry? What was the problem with West Glens Falls before? COMPTROLLER HESS-There was back in 1997 we had an audit done what ever occurred there and I do not have it in front of me there were some findings with several of the fire companies discrepancies about money that should have been returned but that has been long ago resolved. MR. WELLS-I think if you look at the records we did return our money. We were not asked to we did it as a matter of course of practice as we always have done. COMPTROLLER HESS-As far as I know those issues are long gone. MR. WELLS-But, again I mean, I am not here to take your time up with this it is the practice or the thought that a political candidate running for office who has already publicly made an issue that the fire companies are a problem. He is using this forum to present his ideas and his position and making us come up here and publicly defend ourselves. MR. TUCKER-I brought information to the board, Mr. Brewer knew it, Mr. Stec knew it, Mr. Brower knew it before I knew it. SUPERVISOR BROWER-I knew what? What did I know? MR. TUCKER-The information about the problems at West Glens Falls. SUPERVISOR BROWER-I did not know that, that was a fact, I did not know that they had borrowed the money. MR. WELLS-We have not borrowed any money. We have not signed a single note yet. MR. TUCKER-John, all I said to these people was, that the information that had come to me that you made repairs on the truck and you were going to borrow the money to do it. I asked if they had come in front of the Board to get permission, which the contract says you have got to do. MR. WELLS-Then as Mr. Brower has explained that was open to interpretation. SUPERVISOR BROWER-Yes, and I probably should in fairness to all fire companies send them a letter saying that, if you intend to borrow money at any time you have got to seek permission of the Town Board prior to borrowing money. Just so they understand the clarification. Because it is a run on sentence in the current contract and it certainly can be misinterpreted. MR. WELLS-It is four lines long with no commas. SUPERVISOR BROWER-I think that was a very good point that you made and I want to in any case thank you for taking the time to come this evening. COUNCILMAN MARTIN-John, how has recruitment been? MR. WELLS-It is rotating. They come in COUNCILMAN MARTIN-Are the numbers up? MR. WELLS-We are about thirty eight right now, forty. COUNCIMAN MARTIN-I mean over all, number of people in the company has it gone up? The number of people volunteering? COUNCILMAN STEC-What is your by-laws maximum? MR. WELLS-Fifty five. COUNCILMAN STEC-How many are you at right now? MR. WELLS-Thirty eight or forty. COUNCILMAN STEC-When was the last time you were up over forty five, have you been higher? MR. WELLS-Yes. We had a waiting list about seven years ago. COUNCILMAN MARTIN-So, recruitment is down. MR. WELLS-Yes. COUNCILMAN MARTIN-How many calls, are calls going up, calls stable, calls going down? MR. WELLS-Our call volume is increasing probably fifteen to eighteen percent a year. COUNCILMAN MARTIN-Good. Thanks. SUPERVISOR BROWER-Thank you for coming this evening. COMPTROLLER HESS-Can I make a comment Dennis? SUPERVISOR BROWER-Yes. COMPTROLLER HESS-I just want to go back because I think John brought, John Salvador brought something up that is important that we respond to, because I think it is important that the Board hear it also it had to do with the communication with the library. First of all every year the Board does pass a resolution and I am not, I CaImot attest that the timing is exactly what it should because I do not administer that. The Board does pass a resolution that has the library's budget in it. So, when it goes on the tax bill it has been pre-approved by the Board and I can verify that because two years ago there was a discrepancy between what they raised and what you approved and we had to go back and account for that. I do not know if it is handled in a timely way and I do not know if it meets all the criteria that John read there but it doesn't get onto the tax bill un-knowingly by the Board. Secondly, I had a meeting two weeks ago just prior to going on vacation with the Executive Director and the Chairman ofthe Library to establish a protocol every year for verifying the users in Queensbury and the fact that the calculations are done properly to make sure that the tax is distributed correctly every year. So, that process has been started. SUPERVISOR BROWER-Last call on public comment...(no one spoke) Open Forum closed. Discussion held regarding vote on library resolution, Town Board would like to have the resolution before them for the July 9th meeting. 6.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING REGARDING AMENDMENT TO AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 249,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board previously authorized an Agreement dated March 24, 2000 between the Town and the Bay Ridge Volunteer Fire Company, Inc. (Fire Company) for fire protection services, and WHEREAS, as part of the March 24,2000 Agreement, the Town agreed that it would consider revising the Agreement specifically for the purpose of adjusting any payments that the Town and Fire Company both agreed in writing were reasonable to enable the Fire Company to construct a new fire station, and WHEREAS, the Town Board conducted a public hearing on May 21st, 2001 and by Resolution No.: 217.2001, approved an amended Agreement with the Fire Company, and WHEREAS, the Town Comptroller has advised that it is necessary to further amend the Fire Agreement in order to increase debt service expenses by $65,000 and to reallocate other expense items as a result of a change in the Fire Company's construction schedule for its proposed new fire station, and WHEREAS, New York State Town Law ~ 184 provides that the Town and Fire Company by mutual consent after public hearing may amend the Agreement for fire protection services provided it is in the public interest to do so, and WHEREAS, a copy of the proposed amended Agreement between the Town and Fire Company has been presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a public hearing on July 9th, 2001 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury concerning the proposed amendment to the Fire Protection Agreement between the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc., and hereby further authorizes and directs the Town Clerk to publish the Notice of Public Hearing in the Post-Star newspaper once at least ten (10) days prior to the public hearing. Duly adopted this 18th day of June, 2001 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: None Discussion held before vote: Comptroller Hess-The fire company has a commitment from Evergreen Bank to finance this building, it was contemplated that the Town was going to be buying the fire station for one hundred and fifty thousand dollars, when the contract was written by Paul Pontiff and approved they are ending up with the same amount of money but the language does not say we are buying the fire station we are acquiring it in consideration of some financing that we are doing in another area. That delays, remitting a hundred thousand of that money until the two thousand and two budget, the bank needs to know how that money is coming and when. So, they need an amendment to the contract that clarifies that before they will close the loan. Councilman Brewer-This will not delay anything. Comptroller Hess-It could delay it a little bit, probably a week or so. Actually a week ago I would have said yes it is going to delay it but they had the bid openings the other day and the fire company is embroiled in orne other decisions so while they are working thorough those this will take place and it will not delay it. RESOLUTION INCREASING APPROPRIATIONS IN EMERGENCY SERVICES FUND, AMENDING 2001 TOWN BUDGET AND APPROVING INTERFUND LOAN RESOLUTION NO.: 250,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 217.2001, the Queensbury Town Board authorized an amendment to the Agreement between the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc., (Fire Company) to enable the Fire Company to construct a new fire station, and WHEREAS, the amended Agreement increases the Fire Company's 2001 budget and therefore the Town Board wishes to: 1) authorize an increase in estimated revenues and appropriations in the Emergency Services Fund; 2) amend the 2001 Emergency Services Fund Budget; and 3) temporarily advance moneys held in the General Fund to the Emergency Services Fund as authorized by New York State General Municipal Law ~9-A, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the increase of estimated revenues and increase of appropriations in the Emergency Services Fund No.: 005-3410-4415 by $167,344 with the source of funds to be Appropriated Fund Balance in the amount of $133,000 and an interfund loan from the General Fund in the amount of $34,344, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the Town Comptroller to temporarily advance funds from the General Fund to the Emergency Services Fund in the amount of $34,344, 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 and arrange for the repayment of the temporary advances as soon as available, and take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of June, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BARTON & LOGUIDICE, P.C., CONSULTING ENGINEERS IN CONNECTION WITH THE MAIN STREET INFRASTRUCTURE AND REDEVELOPMENT PLAN RESOLUTION NO.: 251. 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury's Water Superintendent and Executive Director of Community Development requested and reviewed proposals from professional engineering firms for the provision of engineering, plaIming and landscaping architecture services in connection with the proposed Main Street Infrastructure and Redevelopment Plan, and WHEREAS, the Water Superintendent and Executive Director met with select consultants and have recommended that the Town Board engage the services of Barton & Loguidice, P.C. to provide the requested engineering services, and WHEREAS, Barton & Loguidice, P.c. has offered to provide the requested engineering services for an amount not to exceed $165,000 as delineated in a copy of the May 3rd, 2001 proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.c. for the provision of engineering, plaIming and landscaping architecture services in connection with the proposed Main Street Infrastructure and Redevelopment Plan in accordance with its May 3rd, 2001 proposal presented at this meeting for an amount not to exceed $165,000 plus an additional $5,000 for miscellaneous Community Development Department project related expenditures, as follows: TASK FEE Task 1: Water Line Replacement Design $ 15,900 Task 2: Extension of Municipal Sewer Design $ 27,800 Task 3: Bidding Assistance- Water Main - Sewer Extension $ 1,200 $ 2,400 Task 4: Construction Administration and Observation - Water Main - Sewer Extension $ 14,230 $ 28,470 Task 5: Utility Undergrounding Study $ 22,600 Task 6: Corridor Redevelopment Plan and Streetscape Enhancements $ 52,400 TOTAL $165,000 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for the engineering services be made through the Exit 18 Corridor Capital Project #126 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the establishment of appropriations in the Exit 18 Corridor Capital Project #126 in the amount of $165,000 for such engineering services plus an additional $5,000 for miscellaneous Community Development Department project related expenditures, the source of funds to be: appropriated fund balance in the amount of $100,000; a transfer from the Queensbury Water Fund #40 in the amount of $31,330; and a transfer from the General Fund in the amount of $38,670, such transfer to be funded by a budget amendment for $38,670 from 001-1990- 4400, Contingency Account, to 001-9950-9000, Transfer to Capital Projects, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent, Executive Director of Community Development, Comptroller and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of June, 2001, by the following vote: AYES NOES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin : None ABSENT: None Discussion held before vote: Supervisor Brower-This is for one hundred and sixty five thousand dollars in total, I think it is important to note that this is broken down by task ... water and sewer work that are completed on this project will eventually be refunded to the general fund. The corridor redevelopment plan and street enhancement we are going to receive some money...AGFTC. Executive Director Round- noted that there is to be a meeting in the next week or two...Councilman Brewer asked to be part of that meeting. RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR REPARATION AND/OR REPLACEMENT OF CURBS IN VICINITY OF BROAD ACRES NEIGHBORHOOD IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 252,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has received requests from Town residents residing in the Broadacres neighborhood in the Town of Queensbury that the Town arrange for the reparation and/or replacement of the Town's curbs in the Broadacres neighborhood, and WHEREAS, the Town Board has determined that it wishes to consider the replacement and/or reparation of the Town's already existing curbs and therefore the Town Board wishes to advertise for bids for the reparation and/or replacement of its curbs in the Broadacres neighborhood, and WHEREAS, if the Town Board should decide to do so, the Town Board wishes to complete such work prior to refinishing the roads in the area, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, and WHEREAS, the Town Board directed the Town Purchasing Agent to meet and work with the Town Highway Superintendent to create the appropriate specifications for such work, and WHEREAS, the Purchasing Agent and Highway Superintendent have met and analyzed the required work and created the appropriate specifications, which specifications are part of the proposed bid documents prepared by the Purchasing Agent and provided at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the reparation and/or replacement of the Town's curbs in the Broadacres neighborhood in the Town of Queensbury consistent with the specifications included in the bid documents prepared by the Town Purchasing Agent after receiving input from the Town Highway Superintendent, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 18th day of June, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None Discussion held before vote: Supervisor Brower-Noted Highway Supt. Missita has this on his paving schedule he indicated that if curbs were going to be replaced they should be replaced prior to his paving and he was cooperative and moving the paving schedule so that, that would occur at the end of the paving schedule so that the curbs could be completed prior to his repaving those streets. RESOLUTION AUTHORIZING ENGAGEMENT OF VAN DUSEN & STEVES LAND SURVEYORS TO SURVEY A PARCEL OF LAND LOCATED AT THE END OF FIFTH STREET EXTENSION RESOLUTION NO.: 253,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Highway Superintendent has advised the Town Board that Town resident Larry Clute has offered to donate a parcel of land located at the end of Fifth Street Extension to the Town to permit the Town to straighten out the end of Fifth Street where it meets Richardson Street, and WHEREAS, the Highway Superintendent feels that this proposed land donation would help improve the end of Fifth Street and its intersection with Richardson Street as it would allow for a normal perpendicular intersection rather than the current angled intersection, and WHEREAS, the Queensbury Town Board wishes to authorize the engagement of a surveying firm to perform a survey of the parcel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Highway Superintendent to engage the services VanDusen & Steves Land Surveyors to provide the surveying services referred to in this Resolution, and BE IT FURTHER, RESOLVED, that the costs for the surveying work shall be paid for from the appropriate account as determined by the Town Comptroller's Office. Duly adopted this 18th day of June, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION APPROVING PURCHASE OF THREE-GRAVE CEMETERY LOT FROM NORMAN HARVEY RESOLUTION NO.: 254,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Town of Queensbury Cemetery Commission previously sold a three-grave cemetery lot (Lot #213 in Oneida) in the Pine View Cemetery to Dr. Norman Harvey, and WHEREAS, Dr. Harvey wishes to sell the lot back to the Cemetery Commission, and WHEREAS, the Cemetery Commission recommends re-purchase of the lot and requests approval of the re-purchase from the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re-purchase of Lot #213 in Oneida in the Pine View Cemetery from Dr. Norman Harvey for the amount of $250, and BE IT FURTHER, RESOLVED, that the Town Board hereby further authorizes and directs the Cemetery Superintendent to arrange for the payment of $250 to Dr. Harvey and properly account for the sale in the Town's books and records. Duly adopted this 18th day of June, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING BANKING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND EVERGREEN BANK RESOLUTION NO.: 255,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 239, 1999, the Queensbury Town Board authorized a two-year Agreement with Evergreen Bank for various banking services, and WHEREAS, the Town Comptroller has advised that such Agreement with Evergreen Bank will expire on June 30,2001 but the current Agreement provides for a one-year extension at the Town's option, and WHEREAS, the Town Comptroller has recommended that the Town Board authorize the one-year Agreement extension with Evergreen Bank as the financial service markets are not conducive to keep competition and the Town's indexed earning rates with Evergreen Bank are highly favorable, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs a one-year extension of the Town's current Agreement with Evergreen Bank at the same terms of the Agreement authorized by Town Board Resolution No.: 239, 1999, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller and/or Town Supervisor to execute any agreements or documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of June, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING FULL-TIME, PROVISIONAL EMPLOYMENT OF RYAN LASHWAY AS COMPUTER TECHNOLOGY ASSIST ANT RESOLUTION NO. : 256, 2001 INTRODUCED BY Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 436, 1999, the Queensbury Town Board authorized the hiring of Ryan Lashway as a part-time Computer Technology Assistant, and WHEREAS, by Resolution No.: 30, 2000, the Town Board authorized Ryan Lashway to work in the position on a full-time, non-permanent basis, and WHEREAS, the Town Board wishes to authorize Ryan Lashway as a full-time, provisional employee with the intention of hiring him as a permanent employee contingent upon Mr. Lashway successfully meeting the Civil Service exam requirements for the Computer Technology Assistant position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Ryan Lashway as Computer Technology Assistant on a full-time, provisional basis effective June 19th, 2001 until such time as he successfully completes the Civil Service exam requirements for the position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of June, 2001, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brower, Mr. Martin NOES : None ABSENT: Mr. Brewer Discussion held after vote: Supervisor Brower-I must say, Ryan Lashway has done a very good job for the Town in the data processing department and we want to thank him for his efforts. RESOLUTION APPOINTING BRUCE FRANK AS SECOND CODE COMPLIANCE OFFICER RESOLUTION NO. 257,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously established the position of Code Compliance Officer and appointed Craig Brown to the position, and WHEREAS, the Executive Director of Community Development has recommended that the Town Board hire a second Code Compliance Officer, and WHEREAS, the Executive Director posted availability for the Code Compliance Officer position, reviewed resumes and interviewed interested candidates, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Bruce Frank to the position of Code Compliance Officer, effective July 2nd, 2001, on a provisional basis until such time as he passes the Civil Service exam for the Code Compliance Officer position and also subject to a six month probation period, and BE IT FURTHER, RESOLVED, that Mr. Frank shall be paid a salary of $30,000 per aImum to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Director and/or Town Comptroller to complete any forms and take any necessary action to effectuate the terms of this Resolution. Duly adopted this 18th day of June, 2001 by the following vote: AYES Mr. Stec, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: Mr. Brewer Discussion held before vote: Executive Director Round-We interviewed several qualified candidates, Mr. Frank brought some really unique credentials to the table. RESOLUTION AUTHORIZING HIRING OF COLBY GARB AS TEMPORARY, PART-TIME LABORER TO WORK AT TOWN CEMETERIES RESOLUTION NO. : 258,2001 INTRODUCED BY Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Colby Garb as a temporary Laborer to work for the summer under the supervision of the Town's Cemetery Superintendent, and WHEREAS, Colby Garb is the son of Chuck Garb, a Town Highway Department employee, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Colby Garb as a temporary Laborer to work for the summer under the supervision of the Town Cemetery Superintendent at the hourly rate set forth in the Town's Agreement with the Civil Service Employees Association to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent, 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 18th day of June, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: Mr. Brewer RESOLUTION SETTING PUBLIC HEARING ON ALICE CASTLE L.E./DOREEN GREEN'S APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO.: 259,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in accordance with Queensbury Town Code ~ 113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Alice Castle L.E./Doreen Green has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to replace the existing single-wide mobile home with a newer, double-wide mobile home at property located at 469 Big Bay Road, Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on July 9th, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Alice Castle L.E./Doreen Green's application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit concerning property situated at 469 Big Bay Road, Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing presented at this meeting as required by law. Duly adopted this 18th day of June, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING EASEMENTS IN CONNECTION WITH PROPOSED DRAINAGE OUTFALL FROM QUEENSBURY FOREST SUBDIVISION PHASE III TO NORTH SIDE OF PEGGY ANN ROAD RESOLUTION NO.: 260,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 226,2000, the Queensbury Town Board authorized engagement of Nace Engineering, P.c. to provide surveying and engineering services in connection with a proposed drainage outfall from Queensbury Forest Phase III to the north side of Peggy Ann Road in the Town of Queensbury, and WHEREAS, Nace Engineering, P.c., has provided the Town Board with a list of property owners from whom the Town will need to procure easements in order to resolve the drainage problems in the Queensbury Forest area, and WHEREAS, the Town Board wishes to authorize acceptance of such easements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts, authorizes and directs the procurement of easements from certain property owners in the vicinity of the Queensbury Forest subdivision, such owners and easement locations to be as designated by Nace Engineering, P.c., and such Town Board authorization to be contingent upon Town Highway Superintendent approval of this project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that the easements shall also be contingent upon being in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to complete and execute any documents associated with the easements, take any further action necessary to effectuate the terms of this Resolution, including payment of any necessary filing fees, and authorizes Town Counsel to file and record these documents with the Warren County Clerk's Office. Duly adopted this 18th day of June, 2001 by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF MONTFORT, HEALY, MC GUIRE & SALLEY, JEFFREY B. SILER, OF COUNSEL, TO REPRESENT NORTH QUEENSBURY VOLUNTEER RESCUE SQUAD, INC. IN STUMVOLL V. LUCE LITIGATION ACTION RESOLUTION NO.: 261,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board has contracted with the North Queensbury Volunteer Rescue Squad, Inc., (Rescue Squad) for the provision of general emergency ambulance service within the Town, and WHEREAS, members of the Rescue Squad are considered Town employees for purposes of injuries sustained while performing work for the Rescue Squad, and WHEREAS, the Town of Queensbury, as the provider of workers compensation coverage to the Rescue Squad, is responsible to provide for the legal defense of the Rescue Squad, and WHEREAS, the Rescue Squad is a defendant in a lawsuit commenced as a result of a collision in 1997 between a Rescue Squad vehicle and a car in which a member of the Squad was injured, and WHEREAS, the law firm of Montfort, Healy, McGuire & Salley, Jeffrey B. Siler of Counsel, is already representing the Rescue Squad driver in this litigation and the firm has offered to also represent the Rescue Squad for a fee not to exceed $200 per hour plus reimbursable disbursements as delineated in the firm's letter dated June 4, 2001 presented at this meeting, with the understanding that the Town will split equally the amount of legal expenses with the Rescue Squad's insurance company which is representing the Rescue Squad's driver in this litigation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Montfort, Healy, McGuire & Salley, Jeffrey B. Siler of Counsel, to represent the North Queensbury Volunteer Rescue Squad, Inc., in the matter of Joan E. Stumvoll v. Lenore K. LuceILenore K. Luce v. Franklyn P. Bushey, Jr. and the North Queensbury Volunteer Rescue Squad, Inc., et aI., for a fee not to exceed $200 per hour plus reimbursable disbursements, as delineated in the firm's letter dated June 4,2001 presented at this meeting, up to an amount not to exceed $15,000, with the understanding that the Town will split equally the amount of legal expenses with the Rescue Squad's insurance company which is representing the Rescue Squad's driver in this litigation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes payment for these services from Emergency Services Fund, Legal Services EMS Account No.: 005-3410-4130-4981, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to transfer $15,000 from the Emergency Services Fund, Miscellaneous Contractual Account to Account No.: 005-3410-4130-4981, amend the 2001 Town Budget, make any adjustments and/or budget amendments and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of June, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brower, Mr. Martin NOES None ABSENT: None ABSTAIN: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND IKON OFFICE SOLUTIONS, INC. FOR PURCHASE OF THREE (3) DIGITAL COPIERS RESOLUTION NO. 262,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury's Director of Information Technology has advised the Town Board that he has negotiated terms and wishes to purchase three (3) digital copiers from IKON Office Solutions, Inc., for the total amount of $33,500 (exclusive of the monthly maintenance/service fee), and WHEREAS, the Town Board wishes to authorize the proposed purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of a purchase Agreement with IKON Office Solutions, Inc., in form to be approved by Town Counsel, for the purchase of three (3) digital copies for the total amount of $33,500 (exclusive of the monthly maintenance/service fee) and authorizes and directs the Town Supervisor to execute such an Agreement after the Town Board shall adopt a Bond and Bond Anticipation Note (BAN) Resolution to pay for such equipment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for the copiers shall be by the proceeds of such financing upon terms of such Bond and BAN Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is contingent upon the Town Board adopting such a Bond and BAN Resolution which will provide the required financing, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or the Director of Information Technology to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of June, 2001 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None Discussion held before vote: Director of Date Processing Bob Keenan-Originally I looked at the lease arrangement with Icon Office Solutions but in talking with Henry he pointed out some facts to me that in his memo dated last Friday, he pointed out some issues to me that I think he is correct that we should be entering a purchase agreement rather than a lease agreement for these copiers. Comptroller Hess- I just want to make sure that I point out the competitive end cost effects of leasing it. If after considering those you still want to lease it you made a knowledgeable decision and I will not object to that. I think that after talking to Bob about it probably he would get the same level of service and technology without the additional cost. RESOLUTION AMENDING RESOLUTION NO. 186,2001 REGARDING ESTABLISHMENT OF CAPITAL PROJECT FUND #128 - VEHICLE PURCHASES RESOLUTION NO.: 263,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No. 186,2001 the Queensbury Town Board authorized establishment of Capital Project Fund # 128 and established the Fund's initial appropriations and estimated revenues in the amount of$155,703.27, and WHEREAS, the Town Comptroller's Office has advised that the amount of $155)03.27 needs to be reduced by $23,483.20 to the amount of $132,220.07, as the Water Department purchased a vehicle through the operating fund rather than the Capital Project Fund #128 and so appropriations for such vehicle, already included in the $155,703.27, are unnecessary, and WHEREAS, the Town Board wishes to amend Resolution No. 186.2001 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 186,2001 to change the amount of $155,703.27 to $132,220.07, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No. 186,2001 in all other respects. Duly adopted this 18th day of June, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING INCREASE OF APPROPRIATIONS AND APPROPRIATED FUND BALANCE AND AMENDING 2000 BUDGET RESOLUTION 264.2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, a Budget Amendment Request has been duly initiated and justified and is deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2000 Town Budget as follows: COMPTROLLER: FROM: TO: $ AMOUNT: 01-4010-4455 Health) 001-4020-4400 400. (Board of (Vital Statistics) 01-3989-4400 Health Services) 001-4020-4400 395. (Professional (Vital Statistics) and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes the increase of appropriations and appropriated fund balance in the Economic Development Special Reserve Fund in the amount of $150,000 with the source of funds to be an increase in appropriated fund balance of $150,000, and an increase in appropriations in the Miscellaneous Contractual Account No.: 013-6989-4400. Duly adopted this 18th day of June, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING INTERFUND LOAN RESOLUTION NO.: 265.2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 170,2001, the Queensbury Town Board authorized, among other things, the purchase of vehicles from the appropriate equipment accounts, and WHEREAS, the Town Comptroller's Office has advised that until additional funding is properly appropriated, an interfund loan is necessary, which interfund loan which will be repaid, and WHEREAS, in accordance with New York State General Municipal Law ~9-A, the Queensbury Town Board is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Comptroller to temporarily advance a maximum of $105,411 in funds from the General Fund No.: 01 to the Vehicle Purchase Capital Project Fund No. 128, with the understanding that the Comptroller's Office may use its discretion in determining the timing and amounts of the interfund loans, and BE IT FURTHER, RESOLVED, that the Town Comptroller shall keep suitable records and arrange for the repayment of the temporary advances as soon as available and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of June, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN STEC- The Town of Queensbury is considering the closure of a portion of Clifford Avenue located down in the area oflower Warren Street in case there is anyone out there that cares. We started discussing this back in February. I have tried to bring this up at every meeting possible so the record will reflect that. We had the third quarterly Qsby./Glens Falls Meeting last Monday, re: parade noted that there had been a scheduling conflict with Qsby. Central, the parade went very well...talked about the Water shed with regards to recreation opportunities...snow mobile trails we talked about the town and city putting in a joint work day to bring the trails up to snuff, will contract Counsel to see if that is lega1...talked about the City dump the C&D landfill issue, the City assured us that they were putting only clean fill in there...Date for next Joint meeting September 17th 7:00 P.M. at City Hall...RE: Fleet Audit, when are we going to get it? SUPERVISOR BROWER-he is starting to wrap it up. COUNCILMAN BREWER-Noted the auditor will gather all the information that he has gotten form all the department heads, town board and write a report and have a meeting with all the department heads the town board and give us a copy of the report before he releases it to the press or whatever. COUNCILMAN STEC-I was encouraged by what he had to report, there is some tweaking that we could do but he did not think we were nearly as bad as two political cartoons, three letters to the editor, two editorials and front page on five consecutive days. Spoke to the Board regarding a joint project with Queensbury School and the Recreation Dept. increasing the number of tennis courts at the school, talking about floodable courts so they can be a skating rink in the winter.. RE: Lighting on Burke Drive-we were going to provide some lighting in there...what do we need to do? COUNCILMAN TURNER-noted he will visit the site to see what has to be done... COUNCILMAN STEC- RE: Light at Midnight and Aviation COUNCILMAN TURNER-Will look at that... COUNCILMAN STEC- RE: Bonner Drive, Mountain View and Aviation Road intersection...noted a lot of accidents there. COUNCILMAN TURNER- noted that there is not enough radius on that corner going west... COUNCILMAN STEC-Spoke about the speed in the area, .. COUNCILMAN BREWER-noted that the State rejected the lowering of the speed limit in that area... SUPERVISOR BROWER-Spoke about increased enforcement in that area...will speak to the Sheriff.. COUNCILMAN BREWER-suggested the speed sign that shows you what the speed limit is and what you are traveling, would like to see that in that area... SUPERVISOR BROWER-Noted that there is a waiting list for that... COUNCILMAN STEC-RE: Surplus in Fire District? TOWN COUNSEL SCHACHNER-We are trying to get confirmation from the State Comptroller's Office but we appear to be caught in a statutory wrinkle. As we understand it we in the Town of Queensbury do not have a series of Fire Districts we have a single Fire Protection District and if that is true the statue which reads essentially, that budget surplus funds may be devoted to purchase of apparatus and equipment for fire districts would not apply to the Town of Queensbury because we do not have fire districts because we have a fire protection district. A fire district and a fire protection district legally are two different legal entities. Does the statue apply to only fire protection districts or only fire districts. COUNCILMAN STEC-Questioned what the difference was between the two? TOWN COUNSEL SCHACHNER-I cannot answer that question right now. COMPTROLLER HESS-I can tell you briefly, fire districts are governed by fire commissioners.. TOWN COUNSEL SCHACHNER-That is one of the differences. COUNCILMAN MARTIN-Us being a fire protection district on a town wide basis that would enable us to use surplus? TOWN COUNSEL SCHACHNER-It may mean that we CaImOt. The express statutory language says fire district. COUNCILMAN BREWER-Questioned what the time line for the grant for Ward 4? COUNCILMAN MARTIN-Usually you hear mid July. Questioned how the survey was going on the corner of Bay and Quaker. EXECUTIVE DIRECTOR ROUND-Painfully slow... Discussion held regarding Town Surveyor-Director Round spoke to the Board regarding the surveyors, noting there is no contract, noted problems with budgeting...discussed the GPS system...would like to talk to the surveyors during the next workshop session ... 8.0 ATTORNEY MATTERS NONE Discussion held regarding up coming budget...Comptroller Hess requested any guide lines for the up coming budget. .. COUNCILMAN BREWER-Noted there was a memo from Comptroller Hess to Rick Missita regarding re- imbursement, ..the Highway Supt. noted it is something that has been done in the past, I do not want to debate whether we should or shouldn't is that so? COMPTROLLER HESS-RE: food I looked and we saw no record where we have done it this year, I asked the girls and they said they had not seen that it is not a regular occurrence, if he has done it in the past he only put thorough one petty cash voucher a year, this year we said use petty cash more for certain types of expenditures so we went back and did a quick thing and said no we do not see where he has been doing that. I am not saying that he hasn't I am saying it has not been in the recent past and it is a form of compensation. It is the first time that I have seen it since I have been here where it has been called to my attention for that reason I looked at it and say that is a form of Elected Official Compensation. COUNCILMAN BREWER-If he went out similar like we did on the trip we did, road tour and we bought breakfast, Ted got reimbursed, what is the difference? COMPTROLLER HESS-If the Town Board did that, they did it as, where no other employee does that, no employee gets meals in town, if the Town Board did it for themselves you did it for yourselves. If you want to do it for Rick you have the authority to do it for Rick, Rick does not have the authority to do it for himself. Rick CaImot set his own compensation rate, how you set it is your own business. 9.0 EXECUTIVE SESSION RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 266.2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss personnel issues. Duly adopted this 18th day of June, 2001 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None (Supervisor Brower requested that the Town Clerk Darleen Dougher, Comptroller Henry Hess and Bill Lavery attend the Executive Session) ( No action taken) RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 267.2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 18th day of June, 2001 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury