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2002-12-02 REGULAR TOWN BOARD MEETING DECEMBER 2ND, 2002 MTG# 57 RES#486-500 7:00 P.M L.L. #6 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN ATTORNEY ROBERT HAFNER TOWN OFFICIALS COMPTROLLER, HENRY HESS EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY W ASTEW ATER DIRECTOR, MIKE SHAW DIRECTOR OF BUILDING & CODES, DAVE HATIN PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DANIEL STEC SUPERVISOR BROWER-Opened meeting. PUBLIC HEARING Proposed Local Law Re: Sewer Rents for Pershing-Ashley-Coolidge Sewer District and South Queensbury - Queensbury Avenue Sewer District OPENED 7:03 P.M. NOTICE SHOWN SUPERVISOR BROWER-Do we have anyone here, Mike come on forward Mike, thank you. DEPUTY WASTEWATER DIRECTOR, MIKE SHAW-This local law Chapter 136 of the Town Code is for sewer rents for six different districts that we have in the Town of Queensbury Sanitary Sewer Districts. Sewer rent is actually a user fee that the Town uses to collect revenues for the operation and maintenance portion of our budgets. The sewer rents are based on water usage that's billed quarterly along with the combined water and sewer bill. The rates are set per thousand gallons water usage meter water usage and the rates in this case in three of the six districts we are proposing a change and the rate will be $3.50 per one thousand gallons of usage. These three districts are a direct effect of our negotiations with the City of Glens Falls and the new sewage treatment contract. In the past we had three different treatment contracts and as of this year we have one. In each case I'll give you a little reason why were proposing a change in the rates. The South Queensbury-Queensbury Avenue Sewer District is a new district and we think we'll be operational some time in June or July of this year and we're setting a rate of $3.50 per thousand gallons of meter water usage for that. Technical Park Sewer District the previous rate was $3.00 per one thousand gallons of water usage once again that was a different metering or a different rate which we paid sewer treatment for the City of Glens Falls now it is a combined rate for all the districts and we're proposing a $3.50 per one thousand gallons for that district. In the past there was a clause in the old contract that the City was suppose to get ffteen percent of our taxes within that district and they never exercised that but had talked about it, but we had negotiated that to a one rate clause. In Pershing-Ashley-Coolidge is another one previously the rates were negotiated with the City there on a per parcel basis for treatment now we're proposing to use meter rates at $3.50 per one thousand gallons of meter water usage. Previously Pershing- Ashley-Coolidge Sewer District received their bills on the January tax bill as of this year they will receive it quarterly along with their water bill that's the three districts we're proposing. SUPERVISOR BROWER-Any questions of Mike by board members at this time? COUNCILMAN BOOR-The fifteen percent that Glens Falls hadn't been collecting is that why this is fifty cents more or is that part of the equation? DEPUTY W ASTEW A TER DIRECTOR, MR. SHAW-When we negotiated we negotiated like I said all three contracts we had before were based on different aspects we negotiated a contract based on meter water usage. The actual cost to the City is approximately it's hard to get a handle on is somewhere around $2.00 per thousand gallons of water usage...charging a $1.50 to do our operation and maintenance within our district is basically what it is. Actually it is a savings for all districts concerned certainly Tech Park although they paid a lower rate in the past they did not pay the tax portion, which we had negotiated out. COUNCILMAN BOOR-I like the fact that they are all the same. I just was curious as to why they hadn't collected; I mean that's great. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-We didn't ask that question. COUNCILMAN BOOR-I know. SUPERVISOR BROWER-Any other questions by board members at this time? Hearing none I want to thank you Mike. I'll open up the public hearing and see if any members of the public would care to address the board on this local law before that Ralph Van Dusen would like to make a couple of comments. WATER SUPERINTENDENT, RALPH VAN DUSEN-Point of clarification. Mike talked about the rate of $3.50 per thousand gallons of water usage. I would just like to make it very clear that the residents of these districts just like the other sewer districts are eligible to apply for a dedicated meter. In the absence of a dedicated meter a gallon of water that goes through the water meter is billed for both water and sewage. What that means if you water your lawn, gardens, fill a pool, you are not only going to pay a water charge but a sewer charge on that. We recommend that people that use a lot of outside water install a dedicated meter to avoid that situation, but that is their option. It would be their expense to install a dedicated meter it's not mandatory but we certainly recommend it. COUNCILMAN BOOR-It's a one-time expense? WATER SUPERINTENDENT, MR. VANDUSEN-It's a one-time expense. COUNCILMAN TURNER-What's a meter run? WATER SUPERINTENDENT, MR. VAN DUSEN-A three quarter inch meter installed is $200 right now. COUNCILMAN TURNER-You install the meter? WATER SUPERINTENDENT, MR. VAN DUSEN-We install they pay the Wastewater Department and Wastewater contracts with the Water Department for our normal meter men to install. DEPUTY W ASTEW A TER DIRECTOR, MR. SHAW-Just so the board knows we had contacted the residential users in one district here and notified them of that change suggested a meter change some months ago. SUPERVISOR BROWER-Have you had any bits? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-We've had some response but not the response I thought was going to happen. Once again with this clarification tonight with the adoption of this rate we will contact those people once again notify them of the rate and procedure. SUPERVISOR BROWER-That two hundred dollars could be saved pretty quickly I would think if you had an in ground sprinkler system or pool. DEPUTY WASTEWATER DIRECTOR, MR. SHAW-There is some resident's out there using quite a bit of water in their lawn sprinkling. SUPERVISOR BROWER-Thank you very much for that clarification. At this time I'd like to ask members of the public who would like to come forward and comment on this proposed local law establishing charges for the sewer districts discussed to come forward now. NO PUBLIC COMMENT SUPERVISOR BROWER-Seeing no takers I'll close the public hearing portion of the meeting. PUBLIC HEARING CLOSED 7:10 P.M. SUPERVISOR BROWER-I'll ask board members if they have any comments or questions at this time? The only comment I have is I'm very pleased that we're at this stage. I think this has been enabled by the Sewer Agreement that we've been able to establish with Glens Falls. I think it's going to be fair for all these districts for the future and I think it's a reasonable cost that they can afford. I want to thank you for your efforts Mike and Ralph in establishing this. EXECUTIVE DIRECTOR, MR. ROUND-One this is a user fee this doesn't account for capital charges that might be imposed as part of a project? DEPUTY W ASTEW ASTER DIRECTOR, MR. SHAW-That's correct. This is only a user fee as I said before this pays for the operation and maintenance portion of the budget. The capital portion is raised through taxes and bonding. These three districts proposed only one will have bonding and that's the new South Queensbury Sewer District. EXECUTIVE DIRECTOR, MR. ROUND-Most of these rates are established for up to thirteen thousand gallons why thirteen thousand gallons? DEPUTY W ASTEW A TER DIRECTOR, MR. SHAW-What your reading in there Chris you are reading the whole local law the whole local law it includes six sewer districts we're only adopting three of the change in three of the sewer districts tonight. Those other rates were previously established by other boards with certain perimeters they wanted to establish with different commercial rates and residential rates. SUPERVISOR BROWER-Any other questions by board members hearing none do I have a motion? RESOLUTION ENACTING LOCAL LAW NO.6, OF 2002 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS" TO ESTABLISH AND IMPOSE SEWER RENTS FOR PERSHING-ASHLEY -COOLIDGE SEWER DISTRICT AND INCREASE ANNUAL CHARGES FOR QUEENSBURY TECHNICAL PARK SEWER DISTRICT AND SET ANNUAL CHARGES FOR PERSHING-ASHLEY-COOLIDGE SEWER DISTRICT AND SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO. 486, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 6 of 2002 to amend Queensbury Town Code Chapter 136, Article XXIV entitled "Establishment of Sewer Rents," which Local Law would establish and impose sewer rents for properties within the Pershing- Ashley-Coolidge Sewer District, modify the annual sewer rent rate in the Queensbury Technical Park Sewer District and set the annual sewer rent rate in the Pershing-Ashley-Coolidge and South Queensbury - Queensbury Avenue Sewer Districts, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O, Town Law Article 16 and General Municipal Law Article 14-F, and WHEREAS, the Town Board duly held a public hearing on December 2nd, 2002 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.: _ of 2002 to amend Queensbury Town Code Chapter 136, Article XXIV entitled "Establishment of Sewer Rents" to establish and impose sewer rents for properties within the Pershing-Ashley-Coolidge Sewer District, modify the annual sewer rent rate in the Queensbury Technical Park Sewer District and set the annual sewer rent rate in the Pershing-Ashley-Coolidge and South Queensbury - Queensbury Avenue Sewer Districts as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 2nd day of December, 2002, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None LOCAL LAW NO.: 6, OF 2002 A LOCAL LAW TO AMEND CHAPTER 136, ARTICLE XXIV OF QUEENSBURY TOWN CODE ENTITLED "ESTABLISHMENT OF SEWER RENTS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Queensbury Town Code Article XXIV entitled "Establishment of Sewer Rates" is hereby amended as follows: ~136-137. Annual charges established. There is hereby established and imposed a scale of sewer rents for services rendered by the sewer system to the real property within the limits of the following sewer districts as set forth below: A. Annual charges pursuant to ~ 136-135 hereoffor the Central Queensbury/Quaker Road Sewer District: (1) For residential properties: For zero to 13,000 gallons of metered water usage, the charge shall be $15 quarterly for each residential unit, plus $3.10 per thousand gallons of water consumption in excess of 13,000 gallons per quarter as indicated by the current water meter readings, billed on a quarterly basis. (2) For nomesidential properties: $5.45 per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. B. Annual charges pursuant to ~ 136-135 hereof for the Queensbury Technical Park Sewer District: (1) For all occupied properties: $3.50 $3 per thousand gallons of (average) water consumption, as indicated by the current water meter readings, billed on a quarterly basis. C. Annual charges pursuant to ~ 136-135 hereoffor the Hiland Park Sewer District: (1) For residential properties: For zero to 13,000 gallons of metered water usage, the charge shall be $25 quarterly for each residential unit, plus $6.60 per thousand gallons of water consumption in excess of 13,000 gallons per quarter, as indicated by the current water meter readings, billed on a quarterly basis. (2) For nomesidential properties: $9 per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. D. District: Annual charges pursuant to ~136-135 hereoffor the Pershing-Ashley-Coolidge Sewer (1) For all occupied properties: $3.50 per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. E. Annual charges pursuant to ~136-135 hereoffor the South Queensbury - Queensbury Avenue Sewer District: (1) For all occupied properties: $3.50 per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 3. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 4. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State. HEARING UNSAFE STRUCTURE - PROPERTY OWNED BY ROBIN NEWELL SCOTT NEWELL 208 WEST RIVER ROAD, FORD EDWARD -AGENT FOR ROBIN NEWELL PRESENT SUPERVISOR BROWER-Mr. Newell if you would like to come forward. SCOTT NEWELL, 208 WEST RIVER ROAD, FORT EDW ARD-I represent it's my sister not my wife. My sister bought that property from a David Robinson and the trailer had always been there and people actually lived in it, it was a livable structure it had been there forever. We applied in 1994 for the right to put a brand new trailer there, which was denied so we used it as a storage building. It's not a living structure I got a demolition permit for it in April 2002 which granted me until May of 2003 to take it down which is yet to come. I had told Dave Hatin I probably take it down in the fall with every bit of my attention I would take it down in the fall. As many of you know I own that building in Hudson Falls that burnt down I spent $37,000 in the last two months securing that structure with retrying to save the building on the Park in Hudson Falls putting a new roof structure on it the front windows $10,000 in dumpster fees and my crews are tied right up guys and we got another two months left there before I gt to it. I think spring will be a reasonable time to tear that trailer apart and get it out of there. Like I said, I have a permit that says that I have until May to take it down so that's why I'm here any questions? SUPERVISOR BROWER-Questions from board members at this time? COUNCILMAN BOOR-The only question I have is you have a vested interest in it? MR. NEWELL-My sister bought the property she wanted to buy another house I guaranteed her that I would take care of the property for her so yeah, I've been taking care of the property I manage it for her I pay the mortgage. COUNCILMAN BOOR-I guess that's what I wanted to know. MR. NEWELL-Technically legally she owns the property, but I manage the property. COUNCILMAN BOOR-Is the demolition permit in your name? MR. NEWELL-Yes. SUPERVISOR BROWER-And you are storing parts in the trailer at this time? MR. NEWELL-Actually a friend of mine put some stuff in there I told him it wasn't secure at the time but he needed a place in-between apartments. The trailer leaked a little I told him it was two weeks other than that I couldn't guarantee the stuff so everything in there is going to the dump. SUPERVISOR BROWER-Everything in the trailer? MR. NEWELL-In the trailer yeah it's just old furniture and stuff that was left in there so really the stuff in the trailer is all going the same time the trailer goes. COUNCILMAN BREWER-I guess my question would be what prompted us to take action on this was there a complaint from a neighbor? DIRECTOR OF BUILDING & CODES, MR. HATIN-Actually a couple of reasons. One was a complaint from a couple neighbors. The other was a commitment from Scott that the home would be removed by the end of September it wasn't. The demolition permit doesn't guarantee you a year on that permit that's not the way it works. This is an unsafe structure it is a totally different issue I don't feel it's reasonable to let somebody get a demolition permit for an unsafe structure and give him up to a year to tear it down that wasn't the intent. COUNCILMAN BREWER-Why does our permits allow a year then? DIRECTOR OF BUILDING & CODES, MR. HATIN-That's for construction. SUPERVISOR BROWER-You mean if it was going to be fixed up? DIRECTOR OF BUILDING & CODES, MR. HATIN-Ifit was going to be fixed up or repaired that would be reasonable there is no intention of that. This is wide open right now I have pictures if you would like to see it. (Pictures presented to board). It's wide open it's leaning this has been going on for almost a year now it's not something new. SUPERVISOR BROWER-Mr. Newell your intention is to get rid of the trailer? MR. NEWELL-It's going to be torn apart and removed as metal scrap and everything inside is going to go. SUPERVISOR BROWER-If that's the case why wouldn't you be in a position to do that now? MR. NEWELL-Because I'm taking care of the Hudson Falls building that burned in August. It just ties up by crews entirely for me to take the time and the money I've have to make money in-between my crews have got to be busy I have to be able to pay them in order to be able to do stuff like this it's not inexpensive to do that. I've tried to hire ten different people to take it away I'll pay you to take it away the best I can get at this point is a couple thousand dollars to remove that trailer and I'm saying my guys can tear it apart and put it in a dumpster for a lot less than that. SUPERVISOR BROWER-A structure like that where would that normally Dave maybe I'll ask you this question where would that structure normally be disposed of? DIRECTOR OF BUILDING & CODES, MR. HATIN-There are a couple of different sites that could be brought to one in Fort Ann and one in South Glens Falls. SUPERVISOR BROWER-Do they crush it? DIRECTOR OF BUILDING & CODES, MR. HATIN-No, I think they separate it for materials and then scrap what they can. SUPERVISOR BROWER-You are indicating your people will do that your not going to bring it to one of these locations where they would do it? MR. NEWELL-To take it to one of those locations that's the two thousand dollar fee I'm getting to take it to one of those locations get it there because it's been sitting there for twenty five years. My thing is to take it apart cause the scrap metal is free and everything else will fit into the dumpster. COUNCILMAN BREWER-What would it take Scott if you get some sheets of plywood or something just to close it in or secure it so nobody could get in it would that be reasonable to do in a short period of time? MR. NEWELL-Yeah, I could screw up some plywood I don't think it would look any better or anything. COUNCILMAN BOOR-It's more of a safety issue you don't want people in there. I think that's probably why we're asking for it to be removed. MR. NEWELL-It's no different than any other storage building or bam or storage shed or anything that people can get into it's not a living structure. COUNCILMAN BOOR-That's the issue that's probably exactly the reason why it should be removed because it isn't habitable and yet the public has access to it, it's not safe. I think what Tim was saying if we could guarantee that nobody would get in there and get hurt then I guess we might consider waiting till whatever this permit I'm only speaking for myself here. SUPERVISOR BROWER-Well, Mr. Newell if the board were to vote to order removal of this you would be required to have it out of there by no later than February 3rd, now you are saying you couldn't achieve that by February 3rd? MR. NEWELL-It depends on the winter. If! get four feet of snow between now and Christmas it's going to be pretty hard to get it out of there by February 3rd. COUNCILMAN BOOR-When does the permit expire? DIRECTOR OF BUILDING & CODES, MR. HATIN-I have to check that our demolition permits to my knowledge do not expire in a year. Demolition permits have never been used for that. MR. NEWELL-I believe the permit has the date of May 8th. COUNCILMAN BOOR-I think it's easier to get it out in the winter personally then it is to get it out in the spring if you are using heavy equipment. COUNCILMAN TURNER-Where do we come up with the date of February 3rd? SUPERVISOR BROWER-It's in the resolution? COUNCILMAN TURNER-I know it is. DIRECTOR OF BUILDING & CODES, MR. HATIN-The law requires in sixty days if its not removed you can authorize me to remove it and bill it to the property. COUNCILMAN STEC-So we could pass this and if we get four feet of snow in the next three weeks Mr. Newell could come back and ask for an extension. I don't think we're going to get four feet of snow in the next three weeks I think that we could probably proceed it's two months. If we do get some unforeseen Act of God we can always.... MR. NEWELL- I have a demolition permit that has a date on it of May 8th. It says I had to take care of it by May 8th. I told Mr. Hatin that I do it but I didn't know there was going to be a fire August 12th, which there was. Like, I said it has taken a tremendous amount of time of my crews that would normally do that. DIRECTOR OF BUILDING & CODES, MR. HATIN-The two issues are separate they are very separate. MR. NEWELL-The reason I made that decision was the permit that I have says that it is good until May. DIRECTOR OF BUILDING & CODES, MR. HATIN-The permit was brought to my department after I requested to submit for demolition permit to remove the structure or face an action that's how it all started. I forced the demolition permit to get the structure removed that was in May here we are in December and it's still not removed. SUPERVISOR BROWER-Counsel do you have any input in this? ATTORNEY HAFNER-It seems to me the question about the permit isn't relevant to the issue you are facing here today. Your decision here today is whether this is an unsafe structure. If you find it's an unsafe structure the permit is not relevant. You have the right and maybe the responsibility to act and to require it to be made safe remove within that time period. COUNCILMAN STEC-Bob reading the resolution November 18th we just decided it was an unsafe structure this is about a demolition order. ATTORNEY HAFNER-That's true, but you can always revisit that issue. You decided that it's an unsafe structure you've seen pictures. The concern is that children or other people could get in and hurt themselves. COUNCILMAN STEC-Two weeks ago I think the five of us unanimously decided it was an unsafe structure I don't think anything has changed in two weeks to make it not an unsafe structure. COUNCILMAN BREWER-All things considered do you think it's reasonable if we ask him to secure it in the next thirty days with some plywood to board it up so that nobody can get in it? I mean, I just think that's reasonable if the guy has a problem with another problem that he's trying to deal with. It's a trailer; I mean how many trailers around here how many years did we go through this with the Mall. We're talking about a guy that went through a tragedy and he's got an unsafe structure. I grant that if we can get him to secure it if he boards it up if you give us your word that you'll board it up in a month. I can't imagine it taking more than a few hours to board that up and make it secure I think that's reasonable. DIRECTOR OF BUILIDNG & CODES, MR. HATIN-Can I just add a comment this is not Scott's property. COUNCILMAN BOOR-That's why I asked that initially. COUNCILMAN BREWER-Well if he's representing his sister maybe we get his sister here. COUNCILMAN BOOR-You can't legally do that Tirn. DIRECTOR OF BUILDING & CODES, MR. HATIN-He's using his property as an excuse not to take care of this one this property is his sister's property he's admitted that on the record. SUPERVISOR BROWER-This looks like it's on wheels is it? DIRECTOR OF BUILDING & CODES, MR. HATIN-It's on a frame. MR. NEWELL-There has never been a notice served to my sister for anything. DIRECTOR OF BUILDING & CODES, MR. HATIN-Because I was dealing with Scott representing the property. MR. NEWELL-It's okay now, but it's not okay when you guys use it. COUNCILMAN BOOR-I'm assuming you relayed this to her. DIRECTOR OF BUILDING & CODES, MR. HATIN-He was acting as agent for the property we knew that he knew that. COUNCILMAN BOOR-As an agent it would be your responsibility to do that. DIRECTOR OF BUILDING & CODES, MR. HATIN-It's in writing there are letters in writing to hirn. MR. NEWELL-It's my responsibility financially to remove that trailer. It's my responsibility to manage that property. COUNCILMAN BOOR-As a manager it is your responsibility to notify the owner if somebody is about to take action. I would hope that you told her that there is an issue here. MR. NEWELL-I told her there was an issue this evening. COUNCILMAN BOOR-That was my question. In other words if you are in fact representing managing this I'm assuming that the owner is kept abreast of what the Town is thinking of here. MR. NEWELL-I told her I would pay for it whatever it would take that I would have to pay for it financially I'm responsible. COUNCILMAN BOOR- That's between you and her. Our issue is the safety to the public. SUPERVISOR BROWER-Personally because Mr. Newell his intention is to remove the trailer and demolish it the only concession that I'd be willing to do would be to give him until March 3rd, if the board concurs. Give him an extra month, but to still order that it be removed from the property. COUNCILMAN STEC-I think that's responsible I think that's generous. SUPERVISOR BROWER-Does that sound reasonable to board members or do you want to keep the February 3rd date? COUNCILMAN BOOR-It doesn't elevate the possibility of somebody getting hurt in the interim, but I could live with it, but I'm still not very happy. SUPERVISOR BROWER-At a minimum you will have to padlock the door on the outside so that no one can get in that's one of our concerns. Then I guess I recommend that it be repaired or removed by March 3rd, 2003. TOWN COUNSEL, HAFNER-I don't remember was there another part of the agreement that he was going to secure it so that people couldn't get inside? COUNCILMAN BOOR-Any opening. SUPERVISOR BROWER-I think any opening should be secured. TOWN COUNSEL, HAFNER-I think we have to add a whereas, after the second whereas. Whereas, Scott Newell as agent for the owner Robin Newell promised the Town Board that he would make sure that the unsafe structure was closed off so that people could not get in from the outside. DIRECTOR OF BUILDING & CODES, MR. HATIN-The other thing I think we should do to is get an address for the owner because the address shows that house and she obviously doesn't live there so I can serve her with this notice. SUPERVISOR BROWER-Do you have the address for your sister. MR. NEWELL-I know where it is but I don't know the mailing address. SUPERVISOR BROWER-Can you give that to Mr. Hatin? MR. NEWELL-Sure. RESOLUTION ORDERING DEMOLITION AND REMOVAL OF UNSAFE MOBILE HOME LOCATED ON PROPERTY OWNED BY ROBIN NEWELL RESOLUTION NO. 487,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Dennis Brower WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement previously advised the Town Board that a mobile home on property owned by Mrs. Robin Newell located at 210 Sunnyside Road in the Town of Queensbury (Tax Map No.: 290.06-1-8) is deteriorating, showing signs of collapse and is unsafe to the general public and requested the Town Board take action if the property owner failed to either remove the mobile home from the property or repair it as necessary, and WHEREAS, on November 18th, 2002, the Town Board declared the mobile home on the property to be dangerous and unsafe to the public, and WHEREAS, Scott Newell as agent for the owner Robin Newell promised the Town Board that he would make sure that the unsafe structure was closed off so that people could not get in from the outside, and WHEREAS, the Town Board held a hearing concerning this property on December 2nd, 2002 and notice of this hearing was served in accordance with the provisions of New York State Town Law ~ 130(16) and Queensbury Town Code Chapter 60, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby orders Robin Newell to immediately begin repair or removal of the mobile home located at 210 Sunnyside Road in the Town of Queensbury and complete the reparation or removal process by March 3rd, 2003, and BE IT FURTHER, RESOLVED, that if the mobile home is not repaired or removed by March 3rd, 2003, the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to make the necessary arrangements to remove the mobile home, and BE IT FURTHER, RESOLVED, that in accordance with New York State Town Law ~ 130(16) and Queensbury Town Code Chapter 60, removal expenses may be assessed against the real property and the Town Board may authorize and direct Town Counsel to institute an action to collect the cost of the removal, including legal expenses, if necessary. Duly adopted this 2nd day of December, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES Mr. Boor ABSENT:None PRESENT A TIONS ROUTE 9/254 CONGESTION IMPROVEMENTS BY - SEAR BROWN DON ADAMS REPRESENTING SEAR BROWN EXECUTIVE DIRECTOR, MR. ROUND-Asked Mr. Adams to speak tonight. Several months ago the Town went through the consultant selection process in accordance with NYS DOT procedures for locally administered contracts. Most transportation projects today are funded by the State if they are not driven by the State themselves they are administered by the local municipality, which has jurisdiction over that particular improvement Main Street in Warren County is an example of that type of process. We've gone through the consultant selection process solicited proposals and statement qualifications and interest on the project through an evaluation matrix we selected Sear Brown to perform the work. Waiting for DOT to approve our local Service Agreement haven't yet received DOT sign off we've committed to a schedule to keep the project moving forward. Thought it would be beneficial to meet with Don of Sear Brown and Don will explain the process how it is going to move forward. There will be public participation componens as we move forward. MR. AD AMS- The 254/9 Intersection is an interesting intersection because it has more volume than a lot of the intersections in Albany, Rochester, Syracuse, because there are no alternate routes there now. It has about fourteen hundred left turns during the Saturday peak hour. The process is not a process that Sear Brown came up with it's called the Pass Through Process it's a national process. It's federal money going through the State Agency to a local Government in this case the Town of Queensbury. The distribution of funds for a project like this is eighty percent federal funding, fifteen percent DOT, and five percent local government. Spoke to the board regarding the data collection for this project noting in this particular project it is a minimal task because most of the data has already been collected through numerous studies. Surveying and mapping will use some existing survey mapping, traffic data, which has been collected as recently as February 2002; accident data is on going by the State. Th environmental data is probably where most of the research will be done on the data collection end of things. The utilities and right a way, which could potentially be impacted by the alternatives. This is where we are going to focus our efforts in the preliminary engineering stage where we're going to look at five alternatives at a conceptual level. Develop those alternatives and develop them and evaluate them and move alternatives on to the draft design approval report where we will do preliminary detail design of those alternatives where we will get into the cost take them to a public meeting and get public input on it. The five alternatives discussed at this point the first one is looking at re-stripping the existing payment that is there seeing if there are any way we can use the pavement that is out there. The next alternative is to look at widening the 254/9 intersection. The next alternative is looking at the Greenway connector and alternative route to that. (Aerial map shown to board) We woul also consider a round a bout at the intersection need to check the box on whether it would work or wouldn't work. The fifth alternative is a technology improvement where we would utilized the existing payment and the timings at the intersection 9/254 intersection as well as intersections on each approach. That is an alternative that can be applied to any of the other alternatives and we will use that as an overlay to see the incremental difference to each of those other alternatives. These are the five that we will look at initially but is opened to other recommendations. If none of those seem to elevate it twenty years out we may also look at grade separated just to see how that addresses the future growth out there. When this is taken to the final design report at that time there will be recommendation of an alternative at that point. The third task, which moves forward concurrently with the other two tasks, is the environmental screening. It starts off at a preliminary level will vary considerably depending on which alternative we go with. If we go with the re-stripping it is a category exclusion, which means there is no significant impact in the area. Where if it were the connector alternative we would have significant impacts potential relocation of residences and businesses to accommodate that it would require a higher level of environmental document. Just some of the things we will be looking at. We will look at the natural and the built environment, the ecology, the endangered species, look at the impacts on the water systems, the historical impacts, the impacts on any parks, hazardous waste, noiseand air quality. The improvements by moving the traffic better as well the potential of having a road go through a neighborhood the noise impacts on that and the visual impacts that names of view of the environmental issues we will consider. There will be two public meetings we propose right up front in the data collection stage and one later on when we have two alternatives and we are looking for additional feedback on them. COUNCILMAN BOOR-Questioned the time frame? MR. AD AMS- This is one of the longer task as we get into the different alternatives it requires further evaluation expect to be done with the preliminary engineering in October of 2003. The funds will be available in 2004-2005 for construction of an alternative. Our objective would be to have everything ready to go to construction when the funds are available. COUNCILMAN BOOR-In round about do they address pedestrian and bicycle abilities? MR. AD AMS- There are ways of accommodating them with a round about. They focus the traffic down to a point where the pedestrians or bicycles need to look in one direction, but it would be something that we need to consider. SUPERVISOR BROWER-Would the area as it exists be big enough wide enough for a round about? MR. ADAMS-Preliminary look at that would say that at a ball park of fifty thousand cars going through that intersection a day it would take a round about larger than most of them being designed in New York State right now probably not. When you get to the point when you need to consider a grade separated interchange as a potential alternative if nothing else it accommodates the traffic an alternative to accommodate the traffic may require a right a way. COUNCILMAN BOOR-You are talking about incredible expenses when you get into that right? MR. ADAMS-Correct. COUNCILMAN BOOR-Is that one of the reasons why it's not being looked at? MR. ADAMS-That and the necessity. COUNCILMAN BOOR-These studies typically look at how far? MR. AD AMS- Twenty years from estimated time of completion of the construction. SUPERVISOR BROWER-You are probably looking at 2005 for construction? MR. ADAMS-2005-2006. COUNCILMAN TURNER-The Greenway connector is that the last on the list offavored projects? MR. ADAMS-Right now there are no favorites. COUNCILMAN BOOR-The connector as an alternative are you looking at it as proposed before or as would best suit it? MR. ADAMS-We don't want to redo anything that has been done but we'll look at it and consider it looking at a fresh look. EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, MR. ROUND-The Transportation Concept Study that was originally commissioned was done in 1992, 1993 that identified that as a potential solution. Noted board members have expressed concern whether that still had the benefit that was projected ten years ago will that still fix the intersection thinks this is why you need to take a fresh look at this to evaluate any alternative that is a feasible alternative to take it forward. Noted they are waiting for the Notice to Proceed have gotten a verbal from the State eighty percent of it is federal funding it takes a little longer to move through the Federal process all these time frames are dependent on the Notice to Proceed. Where you'll see this again next is we will have a resolution working with the Comptroller Office to establish a capital project establish this revenue source which is the money that will be coming through the feds through this contractual agreement. When Sear Brown is ready to present something tha's when you will see them agaIn. MAIN STREET SEWER & WATER INSTALLATION PROJECT - BARTON & LOGUIDICE RICH STRAUT REPRESENTING BARTON & LOGUIDICE MR. STRAUT -Spoke to the board regarding the water and sewer aspect of the Main Street Plan. What we're talking about this time is no so much the redevelopment of Main Street but putting in the infrastructure of the water and sewer along Main Street. (Presented maps for water and sewer improvements to board members) What we're looking to do on the water line is to replace the water line that is there now which is an old eight inch water line cast iron 1930's vintage with a new twelve inch water main and extend it further and connect it to a twelve inch that comes under the Northway which would complete a loop eliminate some pressure problems would allow you to get this work completed as part of the work that is going to be eventually done as part of the highway reconstruction the County is going to do. Planning to bid work as part of this project so that you can take advantage of the coordination of the work and also potentially some cost savings. It's about a four hundred and seventy thousand dollar project all together. A portion of this and we're not sure exactly how much yet will be paid for as part of the highway project. At this point in the Map and Plan we haven't distinguished how much of that will be paid for uner the highway project because it hasn't been finalized yet. If we were to assume that the entire amount were to be absorbed by the district and paid by the district it's about a four dollars thirty one cents per year an increase per typical single family residence which brings the total cost to a typical resident in that district to about two hundred eighteen dollars. The second project is the sewer project there currently is not a sewer line that serves this area. What is being proposed is to extend sewer line on the south side the water line would be on the north side of Main Street extend a ten inch gravity sewer along the south side crossing the Northway extending to Big Bay Road. The heavy line is the district boundary that is being proposed and basically includes all of the properties that front Main Street and Corinth Road up to Big Bay Road from the City. This would all be a gravity line there would be no pump stations. We estimate the project cost to be is one point one million dollars that incldes the cost of buy-in under your City agreement for the treatment capacity. What we're projecting the user cost to be is about five hundred and twelve dollars per year, which is just under the statewide average this year. Town Counsel to review plans at the next Town Board Meeting to schedule a public hearing. SUPERVISOR BROWER-The sewer line cost will be about one point one million dollars asked if this represents some savings doing it in conjunction with the highway project? MR. STRAUT-What will happen is you would have a separate line item bid that's based on our estimate there would be some savings incorporated those into the estimate as far surface restoration. There should be some savings and will be some savings obviously some savings in disruption to the community in that area. What the cost would actually be is whatever the bid is. Prepared an estimate based on our experience in other bids that we had try not to be low bidder because it's a problem for you if our estimate is below the actual bid numbers then you have to come back for increase in the maximum amount to be expended and go through public hearings again. Have a contingency in this of about ten percent so that one point one million includes a ten percent contingency for the project. COUNCILMAN TURNER-All services from the water line into the residence pass the shut off value is the owner? MR. STRAUT -The services would be extended to the property line and then we reconnect to the service that's there for the water lines would not extend onto private property. On the sewer we would bring a sewer service to every property to the property line then it would be the property owners responsibility to bring the line out of their building and connect to that. COUNCILMAN BOOR-These would only be buildings on the main road? MR. STRAUT -Right. The sewer district is just the properties that front the road. COUNCILMAN BOOR-Questioned if there is a chance that this sewer district will extend deeper into the neighborhoods? MR. STRAUT - Will be running the line along the south side of the road what we've done is designed extensions at the intersections to cross over to the north side with the idea that as development occurs along the north side or back into the neighborhoods those lines could be extended. SUPERVISOR BROWER-Thank you very much Rich. CORRESPONDENCE DEPUTY CLERK, O'BRIEN-Landfill Monthly Report from January 2, 2002 thru November 30, 2002. OPEN FORUM ART Y ANNOTTI, 4 CENTENNIAL DRIVE, QUEENSBURY-Spoke to the board regarding an article in the Post Star regarding the Welcome Park on the corner of Bay and Quaker Roads noting his concern with the amount of money spent on this project. The board is supposed to be stewards of our money noting this is not at the main entrance of the Town. Asked the board if they have any more of these projects to think about it? PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board noting at the last meeting he questioned about snowmobiles using highways noting that the Town Attorney said there is a State Law. TOWN COUNSEL, MR. HAFNER-After researching this found out that State Law allows snowmobiles to ride on the bank of the road. MR. TUCKER-Questioned how do you enforce the law on roads that the blacktop is the right a way, people own right to the black top? TOWN COUNSEL, MR. HAFNER-This is a State Statute, which makes it very clear that it is not a Town enforcement issue. It says that it is State Law and that they have preempted in this area. It makes it very clear that snowmobiles can ride on the banks of the road any public highway. We don't have enforcement in the Town that is County. MR. TUCKER-Questioned if they have the right to arrest them if they are on the road. COUNCILMAN STEC- They are allowed to ride on the outer bank not the inner bank or the road. If they are riding inside the snow bank on the road they are breaking the law. TOWN COUNSEL, MR. HAFNER-Unless they are crossing at a right angle to cross the road. MR. TUCKER-Asked the status on the negotiations with Niagara Mohawk regarding the property above the Water Plant? COUNCILMAN BREWER-Noted there was a letter from Cathy to Mike O'Connor to see if they could expedite that. SUPERVISOR BROWER-Had some meeting with Nimo regarding the Hudson River property noting he doesn't think it's the same property you are talking about. COUNCILMAN BREWER-Noted the property Mr. Tucker is talking about we had a letter from our Attorney to Mike O'Connor, Nimo, asking getting an easement to use the property prior to our ownership. TOWN COUNSEL, MR. HAFNER-We have not gotten a response to that will following up on this. MR. TUCKER-Spoke to the board regarding the annexation on Luzerne Road questioned how the process is going to be handled? SUPERVISOR BROWER-To hold a meeting regarding this shortly believes Glens Falls would have to make the initial proposal. First we had a Sewer Agreement between the City and Town. The Sewer Agreement was very specific and stated that it was a twenty year agreement that would be subject to the City obtaining an agreement with the County on a sales tax agreement. If that agreement was longer than twenty years our agreement was extended that length of time. The agreement between the County and the City is a thirty-year agreement so the Sewer Agreement between the Town and the City is automatically extended to thirty years. Now that those two things have been accomplished now the City will move to annex Veterans Field, which is the property opposite the West Glens Falls Fire Company, and the Town has agreed to enable the annexation to occur under specific and strict terms. It will eventually be an Industrial Park operated by the City and owned by the City they already own the land but it's in the Town of Quensbury so we would enable them to utilize the land and be able to tax businesses that would occupy that property. MR. TUCKER-Questioned if the public will be able to make comment regarding this? SUPERVISOR BROWER-There will be a public hearing process. TOWN COUNSEL, MR. HAFNER-The Town will follow the statue that applies here we will be detailing that for the Town Board shortly. SUPERVISOR BROWER-That is the general agreement we had when we constructed the Sewer Agreement. MR. TUCKER-Questioned at the public hearing will information be available regarding how much tax money is involved how much tax money the Town will losing by this annexation over the thirty year period? SUPERVISOR BROWER-Some of this is speculation right now it is a vacant field some of which is contaminated with PCB's. MR. TUCKER-Questioned if the Town will require them to clean this up? SUPERVISOR BROWER-Believes it would up to DEC and other enforcement agencies of the State to address those issues. MR. TUCKER-Questioned the Resolution Authorizing Transportation Agreement between the City of Glens Falls and Town of Queensbury questioned if this is the bus system? COUNCILMAN BREWER-Yes. P AUL NAYLOR, 15 DIVISION ROAD, QUEENSBURY-Spoke to the board noting he was glad to hear that you can ride snowmobiles on the road. Noted if you own a tractor you are suppose to have a license plate on it if you drive them up and down the road it also includes backhoes. DAVID STRAINER, RIDGE ROAD-Spoke to the board noting his concern regarding reuse of traffic studies concerning the 9/254 intersections. Asked the board to do their own studies not take those studies because they may be skewed to make it look like there is less traffic noting it may hurt us in the long fUll. OPEN FORUM CLOSED 8: 10 P.M. RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.c. FOR EASEMENT PREPARATION AND ACQUISITION SERVICES RELATING TO THE CREATION OF THE ROUTE 9 SEWER DISTRICT RESOLUTION NO.: 488, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 444,2002, the Queensbury Town Board authorized engagement of C.T. Male Associates, P. C. (C.T. Male) for design, contract administration and construction observation services in connection with creation of the proposed Route 9 Sewer District, and WHEREAS, the Town's Deputy Wastewater Director has advised the Town Board that it is necessary to authorize engagement of C. T. Male for the preparation and acquisition of required sewer easements in connection with the project for the following amount(s): 1. Preparation of 80 Easements: $38,000 2. Securing of 80 Easements From Parcel Owners: $27,840 TOTAL: $65,840 as delineated in C.T. Male's Proposal dated November 23rd, 2002 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates, P.C. for preparation and acquisition of required sewer easements in connection with the creation of the proposed Route 9 Sewer District as follows: 1. Preparation of 80 Easements: $38,000 2. Securing of 80 Easements From Parcel Owners: $27,840 TOTAL: $65,840 as delineated in C.T. Male's Proposal dated November 23rd, 2002 and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for c.T. Male's services shall be paid for from Account No.: 136-8151-4132, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director, Wastewater Deputy Director, 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 2nd day of December, 2002, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None RESOLUTION INCREASING APPROPRIATIONS AND ESTIMATED REVENUES AND AMENDING 2002 TOWN BUDGET TO REPLACE HEAVY DUTY PLOW - RECREATION DEPARTMENT RESOLUTION NO.: 489, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, a plow used by the Town of Queensbury Recreation Department was damaged beyond repair in a motor vehicle accident and the Town Board wishes to authorize replacement of the plow for an amount not to exceed $3)15, and WHEREAS, the Town has received an insurance settlement for the damaged plow in the amount of $2,400 and the Town Board now wishes to increase estimated revenues and appropriations in the appropriate accounts to reflect the insurance settlement and allow for the purchase of a new plow with remaining funding to be provided by an intrafund budget transfer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the increase of estimated revenues in the General Fund Insurance Recoveries Account No.: 001-0001-2680 by $2,400 and the increase of appropriations in the General Fund Parks Miscellaneous Equipment Account No.: 001-7110- 2001 by $2,400 to reflect the insurance settlement received by the Town in connection with the Recreation Department's damaged plow and amends the 2002 General Fund budget accordingly, and BE IT FURTHER, RESOLVED, the Town Board amends the 2002 General Fund Budget, transferring $915 from the Recreation Aquatics Supervisor No.: 001-7020-1361 to Parks Miscellaneous Equipment Account No.: 001- 7110-2001, and BE IT FURTHER, RESOLVED, that the Town Board further approves, authorizes and directs the Town Comptroller's Office to make any necessary adjustments, transfers or prepare any documentation necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of December, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION INCREASING APPROPRIATIONS AND ESTIMATED REVENUES AND AMENDING 2002 TOWN BUDGET TO ACCOMMODATE REIMBURSED ENGINEERING SERVICES RESOLUTION NO.: 490, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, there is a need to amend the 2002 Budget to address the additional amount of reimbursed engineering services to be expensed for the remainder of the 2002 fiscal year, and WHEREAS, the Planning Department has requested a budget amendment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs amendment of the Town's 2002 Budget as follows: 1) Increase Estimated Revenues in Account #001-0001-2116 (Technical Assistance) by the amount of $3,000; and 2) Increase Appropriations in Account #001-8020-4711 (Planning - Reimbursable Engineering Services) by the amount of $3,000; and BE IT FURTHER, RESOLVED, that the Town Board further approves, authorizes and directs the Town Comptroller's Office to make any necessary adjustments, transfers or prepare any documentation necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of December, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 491, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town 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 2002 Town Budget as follows: SOLID WASTE: FROM: TO: $ AMOUNT: 910-8160-4680 Repair) 910-8160-1450-0002 (ME O. Overtime) 900. (Loader WASTEWATER: FROM: TO: $ AMOUNT: 032-8120-4440 Maint. ) 032-8120-1560-0002 (Maint. I -Overtime) 300. (Sewer Line 032-8120-4400 Maint. ) 032-8120-1570-0002 (Maint. II -Overtime) 300. (Sewer Line Duly adopted this 2nd day of December, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR SEALED BIDS FOR SALE OF USED JOHN DEERE RIDING LAWN MOWER RESOLUTION NO.: 492, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Facilities Manager has recommended that the Town advertise for bids for the sale of a 1985 John Deere riding lawn mower with attachments formerly used by the Town's Building and Grounds Department as the lawn mower has aged to the point of not being feasible to either maintain or operate, and WHEREAS, the Town Board wishes to authorize such advertisements for bids and award the bid to the highest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to publish an advertisement for bids in the official newspaper for the Town of Queensbury for the sale of a 1985 John Deere riding lawn mower with attachments formerly used by the Town's Building and Grounds Department, and BE IT FURTHER, RESOLVED, that such bids shall be received by December 16, 2002 at 2:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, on December 16th, 2002 at 2:05 p.m., to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 2nd day of December, 2002, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES: None ABSENT:None RESOLUTION AUTHORIZING TRANSPORTATION AGREEMENT BETWEEN CITY OF GLENS FALLS AND TOWN OF QUEENSBURY RESOLUTION NO.: 493, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the City of Glens Falls operates a public mass transportation system known as the Greater Glens Falls Transit System (Transit System) which provides transit bus service within portions of Saratoga, Warren and Washington Counties, and WHEREAS, the Town of Queensbury's current Transportation Agreement with the Transit System will expire December 31st, 2002 and the Transit System has submitted a new Transportation Agreement for January 1, 2003 through December 31, 2004 to the Town for approval, and WHEREAS, the Town Board believes that this public transportation service benefits and serves the public interest of Town residents, and WHEREAS, a copy of the Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Transportation Agreement between the City of Glens Falls and Town of Queensbury presented at this meeting for an amount of $41,432 annually for 2003 and 2004, to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of December, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING REVISION TO TOWN PURCHASING POLICY RESOLUTION NO.: 494, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, The Town of Queensbury has adopted a Town of Queensbury Purchasing Policy, and WHEREAS, the Town Board wishes to make a revision to such Policy, and WHEREAS, the Town Board wishes to ratify all previous transactions prior to adoption of this reVISIOn, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby ratifies all previous transactions falling under the purview of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs a revision to the Town's Purchasing Policy by adding a paragraph immediately after the first paragraph of the section entitled "Professional Services" as follows: Retention of such services which do not exceed $5,000 shall: 1. Be made by the Town Department Manager listed on the attached list entitled "Purchase Order and Voucher Responsibility," which list is incorporated into this Purchasing Policy and made a part hereof. 2. The Town Comptroller shall, as provided in Town Law ~34, audit, allow, or reject any claims for payments for such retained services. 3. Each month the Town Comptroller shall prepare a list of such vouchers and contracts relating to such services and forward it to the Town Board for its review and ratification. 4. The Town Board shall then review such list and, if acceptable, approve and ratify such contracts by Resolution. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to distribute copies of the revised Purchasing Policy to all Town Department Managers, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Comptroller to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of December, 2002 by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES: None ABSENT :None RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 495, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss personnel matters. Duly adopted this 2nd day of December, 2002, by the following vote: Ayes: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer Noes: None AbsentNone RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 496, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION NO ACTION TAKEN SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 2nd day of December, 2002, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentNone RESOLUTION AUTHORIZING ADOPTION OF NON-UNION SALARY STRUCTURE FOR THE YEAR 2003 RESOLUTION NO.: 497, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 498,00, the Queensbury Town Board revised its Wage and Salary Structure (Structure) as part of the Salary Administration Program in Section IV of the Town's Employee Management System Handbook, and WHEREAS, the Town Board wishes to revise the Structure as proposed in the document presented at this meeting entitled, "Town of Queensbury Non-Union Salary Structure," effective January 1, 2003, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and adopts the Non-Union Salary Structure effective January 1, 2003 as follows: Town of Queensbury Non-Union Salary Structure Effective January 1,2003 Grade Minimum Midpoint Scheduled Max Extended Max 116,309 19,97823,64723,8832 18,26622,377 26,48726,752320,45825,06129,66429,961422,913 28,069 33,224 33,556 5 25,66331,43737,210 37,582628,743 35,211 41,67842,095732,192 39,436 46,680 47,147 8 36,055 44,166 52,277 52,800 9 40,38249,46858,553 59,139 10 45,228 55,405 65,582 66,238 7M 32,192 39,436 46,680 49,224 8M 36,05544,16652,277 55,127 9M 40,38249,46858,55361,745 10M 45,22855,40565,58269,157 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller to replace the current Non-Union Salary Structure with this new Non-Union Salary Structure in the Town's Wage and Salary Administration Program in the Employee Management System Handbook. Duly adopted this 2nd day of December, 2002 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES: None ABSENT :None RESOLUTION AUTHORIZING ADOPTION OF NON-UNION POSITION/GRADE SCHEDULE FOR 2003 RESOLUTION NO.: 498, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously adopted and then revised a Non-Union Position/Grade Schedule (Schedule) as part of its Salary Administration Program in the Town's Employee Management System Handbook, and WHEREAS, the Town Board wishes to revise the Schedule as proposed in the document presented at this meeting entitled, "Town of Queensbury Non-Union Position/Grade Schedule" effective January 1, 2003, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and adopts the Non-Union Position/Grade Schedule effective January 1, 2003 as follows: Town of Queensbury Non-Union Position/Grade Schedule Effective January 1, 2003 Grade Job Title 1 None 2 None 3 Records Clerk Real Property Data Collector 4 Deputy Court Clerk Deputy Town Clerk II Real Property Tax Service Assistant Account Clerk Deputy Tax Receiver 5 Aquatics Supervisor Building & Zoning Enforcement Officer Confidential Secretary to Highway Superintendent Confidential Secretary to Town Supervisor Court Clerk Deputy Town Clerk I Deputy Fire Marshal Senior Account Clerk Senior Citizen Program Coordinator Assistant to Assessor Billing Supervisor Information Technology Assistant 6 Assistant to the Comptroller/Accountant Assistant Director Recreation Computer Technology Coordinator Data Collector/Appraiser Confidential Legal Secretary/Assistant Planning Assistant Water Maintenance Distribution Supervisor Fire Marshal 7 Director Building & Code Enforcement Senior Planner Code Compliance Officer 7M Cemetery Superintendent Director Solid Waste Operations Director Building & Grounds (Facilities) Deputy Superintendent Wastewater 8M Deputy Highway Superintendent Deputy Superintendent Water Director Parks & Recreation 9M Assessor Director of Information Technology 10M Comptroller Executive Director Community Development Superintendent Water & Wastewater and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller to replace the current Non-Union Position/Grade Schedule with the new Non-Union Position/Grade Schedule in the Town's Wage and Salary Administration Program in the Employee Management System Handbook. Duly adopted this 2nd day of December, 2002 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION ADOPTING PART-TIME HOURLY WAGE AND ANNUAL STIPEND, NON- MANAGEMENT, NON-UNION FULL-TIME STAFF AND MANAGEMENT STAFF SALARY SCHEDULES EFFECTIVE JANUARY 1, 2003 RESOLUTION NO.: 499, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to adopt new salary and wage schedules for its part-time hourly, non-management, non-union full-time and management staff for 2003, and WHEREAS, these salary schedules shall supersede all previously adopted salaries for these positions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the new salary and wage schedules for its part-time hourly, non-management, non-union full-time and management staff, effective January 1, 2003 as follows: Part-Time Hourly Wage and Annual Stipend Schedule Position Name Year 2003 Wage/Stipend Clerk-Assessor's Office, Part-time Real Property Tax Service Asst., Part-time Cemetery Secretary Court Officer - Hourly Rate Court Officer-Service Fee School Traffic Officer (two hour guarantee) Clerks, Temporary and Part-time Laborer, Part-time Cleaner, Part-time Senior Typist (Waste Water), Part-time Data Collector, Part-time Barbara Howe Elizabeth Dybas Gail St. Clair James Gerrard James Gerrard Various Various Various, Primarily Solid Waste James Montgomery Susan Poland 12.3014.8911.1411.8220.3812.02 10.19 11.19 9.32 13.66 10.93 Joint Assessment (Glens Falls) Tax Receiver Historian Helen Otte Darleen Dougher Marilyn VanDyke 15,000 6,186 4,900 Planning & Zoning Board Per meeting Board of Assessment Review Chairman Secretary Member Per session 55. 50. 45. 50. Non-Management - Non-Union Position Name Grade OT Salary Director Building & Codes Senior Planner Code Compliance Officer Code Compliance Officer Maintenance Supervisor - Water Hatin, David Ryba, Marilyn Brown, Craig (Note 1) Frank, Bruce (Note 2) Burch, Timothy 77776 Ex Ex Ex Ex 47,147 42,576 39,480 34,249 42,095 Accountant Confidential Legal See.! Assistant Data Collector/Appraiser Assistant Recreation Director Computer Technology Coordinator Switzer, Jennifer Martin, Pamela Meade, Sharon Lovering, Steven Shaw, William 6 6 6 6 6 Ex Ex Ex 37,296 40,722 36,270 38,488 33,962 Fire Marshal Land Use Planner Deputy Town Clerk I Court Clerk Court Clerk Smith, Stephen Hilton, George Barber, Caroline Stockwell, Karen Finamore, Carol 6 6 5 5 5 Ex Ex Ex Ex Ex 33,67039,36837,210 37,582 37,582 Bldg & Code Enforcement Officer Bldg & Code Enforcement Officer Confidential Secretary to Supervisor Senior Account Clerk Senior Coordinator O'Brien, John Clugstone, Joel Lavery, William Hammond, Marilyn Kathe, Kathleen 5 5 5 5 5 Ex 35,53433,34731,87433,99530,902 Confidential Highway Secretary Deputy Fire Marshal Assistant to Assessor Aquatics Supervisor Computer Technology Asst. Fallon, Diana Palmer, Michael Collyer, Mark Carr, Elise Lashway, Ryan 55555 Ex Ex 29,79429,00830,94526,00029,863 Billing Supervisor Deputy Town Clerk II Deputy Tax Receiver Real Property Tax Service Assistant Account Clerk King, Laura O'Brien, Karen Fish, Judy Winslow, Mary Gebo, Connie 5 4 4 4 4 Ex 31,500 32,354 33,429 33,224 31,618 Deputy Court Clerk Records Clerk Hatin, Kerrie Hicks, Joann 43 28,33329,014 Management Positions Position Name Grade OT Salary Superintendent Water & Wastewater Comptroller Executive Director Community Development Assessor Director of Information Technology VanDusen, Ralph Hess, Henry Round, Christopher Otte, Helen Keenan, Robert 10M 10M 10M 9M 9M Ex Ex Ex Ex Ex 67,25763,696 58,35954,68855,488 Deputy Superintendent Water Director of Parks & Recreation Deputy Highway Superintendent Deputy Superintendent of Wastewater Director of Solid Waste Operations Ostrander, Bruce Hansen, Harry Travis, Michael Shaw, Michael Coughlin, James 8M 8M 8M 7M 7M Ex Ex Ex Ex Ex 53,61553,09546,62047,40847,873 Director of Building and Grounds Cemetery Superintendent Rice, Perley Mosher, Rodney 7M 7M Ex Ex 43,94947,408 Duly adopted this 2nd day of December, 2002 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None ABSTAIN: Councilman Turner-Deputy Town Clerk II and Building & Code Enforcement Officer I TOWN BOARD DISCUSSION COUNCILMAN BOOR-Met with Dave Wick, Mike O'Keefe, regarding the Glen Lake Dredging Project. Shared with Dave and Mike the Memorandum concerning the Independent Consultant's take on what extent the Town might consider being involved in a project like this. Went over the insurance issues it was very clear to Mr. Wick noting he understood completely that the Town would not be able to do that. Gave them the impression that he thought that the board would certainly be willing to as talked about previously contribute financially with a limit on a matching fund basis noting they seemed satisfied with that. Mr. Wick was going to work with the Glen Lake Association and get back to the board. Noted he does not anticipate that they will be seeking anything other than a donation from the Town. COUNCILMAN TURNER-Spoke to the board regarding Niagara Mohawk noting they have sent things down to them they never answer regarding the lights noting he will be contacting them tomorrow. SUPERVISOR BROWER-December 4th, discussion will be held regarding a company coming in to talk about the potential advantages of securing the hydro-plant on the Hudson River. COMPRTOLLER HESS-Spoke to the board regarding Niagara Mohawk noting the frustration with getting information from them. Noted the Town has a Committee looking at the possible consolidation of lighting districts. One of the tools that they have asked Niagara Mohawk for and offered to pay for it is an inventory and location of lights noting cannot get this from them. COUNCILMAN BREWER-Asked Counsel if they have found out the lowest speed limit they could have for Palmer Drive? TOWN COUNSEL, HAFNER-To report back regarding this. COUNCILMAN STEC-Spoke to the board regarding access to Glen Lake asked the board to think about having a discussion in the future regarding this. SUPERVISOR BROWER-Spoke to the board regarding the County DPW Meeting. Mr. Lamy brought to the attention of Supervisor's that we're at a crossroads where Clough Harbour is moving towards underground power engineering. The Town doesn't have the funding in place to do the final engineering design but it is clear that the Town and the City want to go forward with this. If we do go forward with this it will be eligible for funding eighty percent federal, fifteen percent state, five percent local. If we can't come up with the funding and we have to shift back to the power poles that new engineering would be required and the eighty percent and fifteen percent would still be applicable, but the five percent local share would be an extra five percent on the new engineering that would be required. Mr. Lamy wanted to make sure that Supervisor's understood that the County would be responsible for that if there was additional work. Supervisor's supported the concept of going ahead and pursuing the underground fina design if they have to go back and reengineer above ground utilities they will pay the five percent if necessary. Spoke to the board regarding last Monday's board meeting regarding the Town's Newsletter. There was a consensus that the existing format of the last issue is desirable. There was a consensus of three issues not four next year. There was a consensus that we were satisfied with the services of the both the printer, the writer, editor, proofreader, mailer, and the printing company. It was determined if they would honor their price that they provided to us for the last issue for the next three issues next year if each one of them would honor their pricing we would stay with those vendors. If either one of them wanted to charge more we would re-bid the service. COUNCILMAN BREWER-Up to a certain amount we have to put things out to bid. TOWN COUNSEL, MR. HAFNER-The State has Aggregation Rules on things you can't divide your purchases into a bunch of small ones to keep it under the threshold. SUPERVISOR BROWER-Questioned if it's over how much? TOWN COUNSEL, MR. HAFNER-The State is either ten thousand or twenty thousand depending upon the type of service. I can get you a clear answer for that tomorrow. COMPTROLLER, HESS-Five is what the policy is they don't have to come to the board the board can approve up to ten without bidding. SUPERVISOR BROWER-Asked Town Counsel to evaluate this. COUNCILMAN BREWER-At Monday's Workshop would like to discuss Fire Companies budgets and contracts. ATTORNEY MATTERS NONE RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 500, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 2nd day of December, 2002, by the following vote: Ayes: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer Noes: None AbsentNone On motion the meeting was adjourned. Respectfully Submitted, Darleen Dougher Town Clerk Town of Queensbury