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2007-05-07 MTG18 REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 420 REGULAR TOWN BOARD MEETING MTG #18 MAY 7, 2007 RES. 206-227 7:05 PM TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER OFFICIALS FISCAL MANAGER, BARBARA TIERNEY HIGHWAY SUPERINTENDENT, MICHAEL TRAVIS DEPUTY HIGHWAY SUPERINTENDENT, THOMAS VAN NESS SENIOR PLANNER, STUART BAKER EXEC. DIRECTOR OF COMMMUNITY DEVELOPMENT, BLANCHE ALTER SUPERINTENDENT OF WATER DEPARTMENT, BRUCE OSTRANDER WASTEWATER DIRECTOR, MIKE SHAW PRESS TV 8 POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH SUPERVISOR STEC- Opened meeting. 1.0 PUBLIC HEARING ENACTING LOCAL LAW OF 2007 TO AMEND CHAPTER 14 “CODE OF ETHICS” NOTICE SHOWN PUBLICATION DATE: APRIL 20, 2007 SUPERVISOR STEC- Okay, I will open this public hearing and this Local Law, we have had one on the books. We amended it; we’ve worked on it for a few different workshops over the last few months. I think we brought some greater detail to large portions of it. In addition, we’ve added a few other things, additional definitions. We’ve added some criteria to the requirements for membership of the Board of Ethics. We’ve added some additional language regarding financial disclosure as far as campaign contributions. I think that’s a summary of the highlights. Anyways, the public hearing is open on this. If there is any members of the public--- Roger COUNCILMAN BOOR- Just a couple of comments before we open it up to the public. I’ll go with your direct on this but, I reviewed it and there were a couple very minor changes that I would like to offer. The question being is it appropriate to run those changes prior to the public commenting on it or do we do it after? SUPERVISOR STEC- Well, why don’t we do it now so that people can have the opportunity to comment on it and if they are relatively minor it shouldn’t be a big deal. COUNCILMAN BOOR- Page 3 SUPERVISOR STEC- Hold on a second Roger. Yes REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 421 COUNCILMAN BOOR- Under “B”, I would ask that we strike often financially or politically- the last part of that sentence. SUPERVISOR STEC- Alright. COUNCILMAN BOOR- Under immediate family, which is below “C” SUPERVISOR STEC- YEP COUNCILMAN BOOR- We should add the word parent, where it says a spouse, minor child or other dependent of a municipal officer employee. I think parent should also be included in there as they typically bequeath their estates to their spouses. COUNCILMAN BREWER- So a spouse, minor child, parent or other dependent. COUNCILMAN BOOR- Yes. SUPERVISOR STEC- Alright. COUNCILMAN BOOR- And then, (thank you Barb) the other change I would ask for consideration is on page 7, number 2- that we strike it in its entirety. It’s a, I read it several times and talked to John about it a little bit. I think it is covered in other sections and it’s a little bit hard to understand as written. If you guys want to take time to read it. COUNCILMAN SANFORD- Yeah, no I have a comment on that. I agree only because it is very possible that a board member or any officer of the Town with good intensions may fail just to do this and that in of itself would not constitute in my opinion an unethical non-disclosure. I think that we are going to cover disclosure throughout the code. So it may not be necessary for us to do it. Of course, it’s just another process we’d have to develop visa vie a form and everything else. So, I’m kind of indifferent to it but I can appreciate the need or the request to eliminate it. SUPERVISOR STEC- Alright, are there any objections? Are there any other changes Rog? COUNCILMAN BOOR- No that’s all. SUPERVISOR STEC- Any objections to any of those three? I think they’re all minor myself and I don’t have a problem. Tim or COUNCILMAN BREWER- I don’t have any problem SUPERVISOR STEC- The Board’s fine with them, I think they are very minor COUNCILMAN BOOR- Do we move it now as amended or wait until after? SUPERVISOR STEC- Well, we’ll have the public hearing COUNCILMAN BREWER- Yeah, because we may want to make other changes. COUNCILMAN STROUGH- And before, if you don’t mind, before we have the public hearing, the whole intension of amending the Ethics Code is to give it a little bit more meaning, give it a little bit more beef. For example, changing the opening statement; I think basically, states where we’re trying to go with this. So if you will allow me to read those couple of sentences. “The proper operation of the Town government requires that its officers, employees and consultants be independent and partial, objective, unbiased and responsible to the people of the Town of Queensbury. The public office should not be used for public gain COUNCILMAN BREWER- Personal gain REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 422 COUNCILMAN STROUGH- Personal gain. The public officers, employees and consultants maintain the highest standard of integrity and discharge faithfully the duties of their office regardless of political considerations. COUNCILMAN SANFORD- Personal considerations COUNCILMAN BREWER- Personal considerations COUNCILMAN STROUGH- Personal considerations and that the public have confidence in the officers and the employees thereof. That’s basically what the Ethics Code is attempting to do a little bit better than we did before. SUPERVISOR STEC- Public hearing is open if there is any members of the public that would like to address the Board on this public hearing I will call on you one at a time. Yes, Mr. Salvador. JOHN SALVADOR- Good evening, my name is John Salvador. I’d like to suggest that in section 14-3 under purpose that the word personal gain be changed to private gain. COUNCILMAN BOOR- What page was that John? MR. SALVADOR- The first page, Mr. Strough just read that section COUNCILMAN BREWER- Personal gain change to what? MR. SALVADOR- That public office should not be used for private gain. In other words, the public official is not acting improperly to foster private gain. Not necessarily his personal gain COUNCILMAN STROUGH- But it does say that later on John. MR. SALVADOR- Oh, it does COUNCILMAN STROUGH- Yeah, later on conflict of interest statement SUPERVISOR STEC- Yes MR. SALVADOR- Okay. With regard to the section on the members of the COUNCILMAN BOOR- Page number? MR. SALVADOR- Page number 11. No where in here does it spell out the powers, duties and functions of the members of the Board of Ethics Committee. The Ethics Committee. I mean, what’s the result of the determination or whatever you call it, recommendation of the Ethics Committee. What happens next? SUPERVISOR STEC- They make their recommendation and it’s either followed or if it’s not followed it can be brought to the Town Board. It’s not law, they are not a judicial body. They make recommendations, they issue opinions. They don’t have any police powers MR. SALVADOR- There’s no enforcement SUPERVISOR STEC- We are not required to have a Board of Ethics, John. I mean they are an advisory group more or less. MR. SALVADOR- At the state, New York State has an Ethics Code, okay and you are all bound by that. COUNCILMAN BOOR- And that would supersede this as all State Law does. SUPERVISOR STEC- Right REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 423 MR. SALVADOR- Yeah right. COUNCILMAN BOOR- So the legal avenue would be State if one didn’t seek relief or the answer they wanted at the local level, which essentially is provided as an outlet for somebody to make a formal statement with regard to how they feel about something that has been handled. It doesn’t allow for enforcement but certainly it might be entered into evidence when it is brought at the state level should somebody proceed to that level and actually insist on enforcement or legal action. MR. SALVADOR- Is there an appeal process to their… The committee makes a determination one way or the other COUNCILMAN BOOR- Appeal assumes that the decision has bearing. COUNCILMAN SANFORD- Its more than a centennial affect here though, John. It is not there just a centennial affect. They are going to hear matters, form opinions and issue opinions. At that particular point in time, for lack of a better expression, some degree the court of public opinion comes into play because if they recommend certain actions and there disregarded the information can become public and of course can be pursued in other avenues. But, like Dan said I don’t think anybodies envisioning these people to have police powers. SUPERVISOR STEC- Again, I want to emphasize again that we have one of these in place already, so this isn’t new to the Town. We’ve made improvements and we’ve made some changes but the mechanics of how it works are still the same as before. MR. SALVADOR- Is there an appeal process, that’s all I’m asking. Usually for the one being charged COUNCILMAN BOOR- Appeal assumes that one can be overturned and they don’t render a decision as bearing as was stated. It’s essentially a tool that would foster public opinion should their recommendation be ignored. So to appeal, your appeal would be to the public John, that’s the real appeal. MR. SALVADOR- Alright, let me ask it in this manner. One of you gentleman is brought before the Ethics Board, for some reason and is found guilty of a violation of this code. COUNCILMAN SANFORD- John, let me address it again at least to make it as clear as I can. I think the person who makes the accusation that there has been unethical behavior is in essence making a charge. The Ethics Board is basically that appeal process that you are talking about. They are going to hear the claim that been made and render an opinion. They are not making a charge. The Ethics Board is not going to be sitting at home reading the newspapers or watching television and saying we’re going to bring a charge against somebody on the Board for doing something unethical. Typically that is going to come from someone in the public who feels that there’s been something in an inappropriate manner. So the appeal, I would argue, is to them. They serve that role. Okay MR. SALVADOR- Okay, now what is the next step? COUNCILMAN BOOR- The court of public opinion and then the next step would be if you feel in fact that a law has been violated at the state level, you would go to the state and file an actual claim that is enforceable. MR. SALVADOR- Now you understand that these hearings that they conduct are closed. COUNCILMAN BOOR- They are suppose to be. MR. SALVADOR- So how does the public COUNCILMAN SANFORD- Because I believe a REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 424 COUNCILMAN STROUGH- That’s if they have a hearing John MR. SALVADOR- Pardon me? COUNCILMAN STROUGH- That’s if they have a hearing COUNCILMAN SANFORD- If they render a recommendation—someone brought up to an ethics hearing and they hear the case and they say ya know we think there is some merit to the claim and this is what we would recommend as remedy. You no longer do this, whatever it might be. If the person does not accept that decision then, I believe unless it’s been changed, they then have a right to make a public statement that they have issued this and it has been rejected by the person and that’s what Roger is referencing and I was referencing earlier with the court of public opinion. It’s meant to be kept private except when there is not a meeting of the minds among the Ethics Board and the person in front of them. In the case of an exoneration then it’s a mute point, no need for it to go any further. It’s only in the case of a disagreement or a dispute does further action become necessary. MR. SALVADOR- And no penalty? COUNCILMAN BREWER- No MR. SALVADOR- I mean you include in here not only public officials but you include in here consultants. COUNCILMAN BOOR- In a collusionary—typically it’s required that a public official be involved with the consultants in order for the MR. SALVADOR- And consultants which must be observed to a high degree of moral conduct. I can site a lot of examples where I thought representatives, consultants for applicants come before various boards and the presentation has not been forth right. Okay COUNCILMAN SANFORD- Right MR. SALVADOR- Lets say I bring that to the Ethics Board and their found wanting COUNCILMAN SANFORD- Right MR. SALVADOR- What’s the penalty? COUNCILMAN BOOR- The Ethics Board may actually render a decision that recommends that we no longer entertain business with MR. SALVADOR- Huh COUNCILMAN BOOR- That’s a recommendation, not a mandate MR. SALVADOR- Okay COUNCILMAN BOOR- And as a Board we might say I think there is some merit to this, they looked at this in great detail, it appears that there is some factual basis to this and I think we will honor their recommendation, which would go a long way, if in fact, that party decided to sue for saying that we were being punitive, we had said well we base our not doing business with you on our Board of Ethics and their determination that things were done inappropriately and certainly I would like to believe that evidence was presented and it wasn’t just an opinion out of the air. COUNCILMAN SANFORD- Please make the distraction between something that is ethically inappropriate and legally wrong. You have your court systems for things that are illegal. This is meant to modify behavior in a positive way for the public good. It’s not meant to take a substitution of the legal system. REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 425 COUNCILMAN BREWER- I think that’s well said MR. SALVADOR- Usually these things progress in a step wise fashion. First, its kind of an unethical thing, maybe its not recognized right away and it creeps and creeps and gets a little more serious to where COUNCILMAN SANFORD- This works fine for that COUNCILMAN BOOR- I think it is a good heads up to that party that’s being accused that hey, you know what, somebody- you have drawn someone’s attention and you are now being looked at. And there’s the centennial effect. MR. SALVADOR- Thank you COUNCILMAN SANFORD- Good question SUPERVISOR STEC- Thank you sir. Is there anyone else that would like to address- Mr. Auer DOUG AUER- Good evening, Doug Auer, 16 Oakwood Drive. I read every dot and tittle of this and I have to say this is excellent. Who crafted this on the Board? I want to thank them. COUNCILMAN BOOR- For the most part John did COUNCILMAN SANFORD- Mostly John MR. AUER- Very good John COUNCILMAN STROUGH- Thank you MR. AUER- This is real work and this is what we need, because the problems we have in Washington didn’t show up when these folks crossed the beltway. They started right here on a local level, state and local. I can tell you there are problems on state and local level. So this is what, it is sad to say but we need documents like this. It’s interesting, John’s probing, John asked some rhetorical questions, John full well knows there is a remedy because he was personally responsible in removing a County Supervisor for unethical activities. He went bye-bye. So John does know. They were also illegal. COUNCILMAN BOOR- Which would also constitute unethical MR. AUER- Yeah right, its one in the same. But in any case, there is one suggestion I would make to this, page 5- standards of conduct- where you talk about a dollar amount. This was twenty years ago when I worked in industry, I’ll take from that because we had a code of conduct very similar to this that we had to abide by. I would drop the twenty- five dollar amount to a dollar. Very simply twenty five dollars of something is difficult to determine. You can get a leather jacket that you could say oh no this is imitation leather, it’s only worth twenty-five dollars but in reality it is worth two hundred and fifty dollars. There is no question this pen is only worth a dollar, maybe a hat a dollar whole sale, maybe five bucks, but it makes it a little clearer. I don’t think that twenty-five dollars, cause this is what we were allowed to accept- zero. If you accepted lunch from somebody it was understood that on the next business meeting you would reciprocate for a like amount, because the company didn’t want to process two lunch checks. They would more likely want to process a thirty or forty dollar lunch receipt than two fifteen or twenty dollar lunch receipts because it cost thirty-five dollars to process any kind of a rebate type of a thing like that. COUNCILMAN SANFORD- Doug, if a person MR. AUER- So, my suggestion is remove the twenty-five dollars and make it a dollar. REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 426 COUNCILMAN SANFORD- The purpose of the twenty-five dollars was to not have to go crazy if somebody a donut and a cup of coffee MR. AUER- That’s a dollar COUNCILMAN BOOR- No, you can’t get a donut and a cup of coffee for a dollar COUNCILMAN SANFORD- Well, if someone is going to sell out their integrity for twenty-five dollars or less we’ve got a real problem MR. AUER- I’ve seen people fired for thirty dollar indiscretions COUNCILMAN SANFORD- Alright COUNCILMAN BOOR- Yeah, but the point MR. AUER- Thirty dollars and you know where I come from you would be immediately terminated, immediately, no questions- clean out your desk, your out of here. I’ve seen it happen. COUNCILMAN SANFORD- Alright, I appreciate MR. AUER- So, you’ve got to be absolutely squeaky clean, beyond any shadow of a reproach when you are doing the publics business. We have, it can start here folks, start here, set the bar. You make the bar high enough. This isn’t a bar we want to walk over, you really got to take a running jump to get over it. This is real serious, this is visceral for me. I submit that this is the problem we have with the Country- follow the money. Thank you gentlemen. Excellent job John. SUPERVISOR STEC- Is there anyone else that would like to address the Town Board this evening on this public hearing? Anyone at all? Any Board Member discussion. COUNCILMAN BREWER- I will introduce it with the changes SUPERVISOR STEC- Well let me close the public hearing and you are going to introduce it with the changes that we talked about in the beginning. COUNCILMAN BREWER- Yes RESOLUTION ENACTING LOCAL LAW NO.: 1 OF 2007 TO AMEND CHAPTER 14 “CODE OF ETHICS” RESOLUTION NO. 206, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 1 of 2007 to amend Queensbury Town Code Chapter 14 entitled “Code of Ethics,” to revise several provisions of the current Code of Ethics, and REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 427 WHEREAS, this legislation is authorized in accordance with New York State § General Municipal Law 806, and th WHEREAS, the Town Board duly held a public hearing on Monday, May 7, 2007 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 1 of 2007 to amend Queensbury Town Code Chapter 14 entitled “Code of Ethics,” 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. th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None LOCAL LAW NO.: 1 OF 2007 A LOCAL LAW TO AMEND CHAPTER 14 “CODE OF ETHICS” OF QUEENSBURY TOWN CODE BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Section 14-3 of the Queensbury Town Code is hereby amended to read as follows: §14-3. Purpose. REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 428 Pursuant to the provisions of §806 of the General Municipal Law, the Town Board of the Town of Queensbury recognizes that there are rules of ethical conduct for public officers, employees, and consultants which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. The proper operation of the Town government requires that its officers, employees, and consultants be independent, impartial, objective, unbiased and responsible to the people of the Town of Queensbury; that public office should not be used for personal gain; that public officers, employees, and consultants maintain the highest standards of integrity and discharge faithfully the duties of their office, regardless of personal considerations; and that the public have confidence in the officers and employees thereof.It is theintentof this chapter to promulgate these rules of ethical conduct for the officers, employees, consultants of the Town of Queensbury.These rules shall serve as a guide for official conduct of the officers, employees, and consultantsof , the Town andas adopted, shall not conflict with, but shall be in addition to, any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees. SECTION 2. Section 14-4 of the Queensbury Town Code is hereby amended to read as follows: §14-4. Definitions. As used in this chapter, the following terms shall have the meanings indicated: COLLUSION - where a Town official or employee enters into a covert cooperative arrangement or strategy that allows one party to gain an unfair advantage over a third party, competitors, consumers or those with whom they are negotiating, which undermines the competitive quality or fairness of a proposal or bid process. CONSULTANT-- A person, paid or unpaid, providing advice to and at the request of a municipal board, committee, commission or other body, including persons licensed under Title VIII of the Education Law of the State of New York, providing to a municipal board, committee, commission or other body professional service as defined in §1501, Subdivision (c), of the Business Corporation Law of the State of New York. CONFLICT OF INTEREST -- A conflict of interest is a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties. This includes when an individual's personal interests or concerns are inconsistent with the best for the Town, or when a public official's personal interests are contrary to his/her loyalty to public business. Town officials, employees, and consultants should avoid even the appearance of conflict. Town officials, employees, and consultants shall disclose any interest in or with any individual or entity providing services to or contracting with the Town. REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 429 For example, a conflict of interest is (includes, but is not limited to): A.The use of the authority of public office/employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. The term, "business with which he is associated" is defined as any business in which the person or a member of the person's immediate family is a director, officer, owner, employee or has a financial interest. B.A state or condition of having a special interest in protecting or supporting something for the purpose of self interest, gain or benefit, often financially or politically. C.Serving a self interest or showing favor to one bidder or proposer over another in a manner that injures the fairness of a bid or proposal process. IMMEDIATE FAMILY-- A spouse, minor child or other dependent of a municipal officer or employee. INTEREST -- Any claim, account or demand against or agreement with the Town, express or implied, and direct or indirect pecuniary or material benefit accruing to an officer or employee as a result of a business or a professional transaction with the Town or resulting from official Town acts. For the purpose of this Chapter, an officer or employee shall be deemed to have direct interest in the affairs of: A. His or her immediate family B. A business concern, partnership, trust or association of which such officer or employee and immediate family member are members, partners, owners, directors or employees. C. A corporation of which such officer or employee is an officer, director or employee. D. A corporation, any stock of which is owned or controlled, directly or indirectly, by such officer or employee or any corporation in which such officer or employee or immediate family member owns more than 5% of said stock. MUNICIPAL OFFICER OR EMPLOYEE -- Elected officials, public officers under the Public Officers Law, members of boards and commissions and department heads and REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 430 their supervisory assistants of the Town of Queensbury or employee of the Town of Queensbury whether paid or unpaid, including members of any administrative board, commission or other agency thereof. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman or emergency medical services volunteer. All persons employed by the Town of Queensbury not otherwise included within the definition of "officer, public officer and Town officer" set forth below OFFICER OR MEMBER IN A POLITICAL PARTY, CLUB OR ASSOCIATION, SOCIETY OR COMMITTEE-- The office of chairman, secretary, treasurer and such other officer or member as the rules of the particular body may provide. SECTION 3. Section 14-5 of the Queensbury Town Code is hereby amended to read as follows: §14-5. Standards of conduct. Every officer or employee of the Town of Queensbury shall be subject to and abide by the following standards of conduct. Public officers and employees are agents of the public purpose and hold office for the benefit of the public. Their conduct in both their official and private affairs should be above reproach. Every officer and employee of the Town of Queensbury shall be subject to and abide by the following standards of conduct: A. Gifts. No officer, employee, or consultant of the Town shall, directly or indirectly, solicit any gift or accept or retain any gift having a value of more than $25, whether in the form of money, services, loan, travel, entertainment, hospitality, things or promises, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or heror could reasonably be expected to influence him or her in the performance of his or her official duties or could reasonably be expected to influence him in the performance of his or her official dutiesor was intended as a reward for any official action on his or her part. The recipient of any such gift or gratuity shall immediately return the same to the giver and shall notify the Town of Queensbury Board of Ethics, in writing, of the occurrence. This shall not apply to campaign contributions. B.Disclosure of Confidential information. No officer, employee or consultant of the Town shoulddisclose confidential information acquired by him or herin the course of his or her official duties if such informationwillfurther hisor her personal interests or the private interests of others. REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 431 C.Representation before one's own agency. No officer, employee, or consultant shallreceive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he or she is an officer, member or employee, or of any municipal agency over which he or she has jurisdiction or to which he or she has the power to appoint any member, officer or employee. D. Representation before one’s own agency for a contingent fee. No officer, employee, or consultant shall receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of which he is an officer member or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee or whereby his or her compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this subsection shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered. E. Disclosure of interest. 1.If any Town officer, employee or consultant has a potential or actual conflict of interest in any matter in which he or she encounters in the performance of his or her official Town duties, he or she shall make known to all concerned parties the nature of such conflict and shall refrain from voting or otherwise acting in the matter so as to avoid an actual conflict. In all cases of potential or actual conflict, the Town Board shall be made aware of the situation by the person in conflict. This disclosure shall be made part of the official record and be on a form provided by the Town Clerk which shall disclose the nature of the conflict. A copy of this filed form shall be kept in a separate place by the Town Clerk for the public record. 2.All Town officers are required, within 30 days of taking office, or within 30 days of the effective date of this chapter, to file a disclosure statement on a form as provided by the Town of Queensbury pursuant to this section. In the event that a change occurs with respect to any information required on the aforesaid disclosure statement, the party required to file such a statement shall file an amended statement reflecting any such change in circumstances within 60 days from the date thereof, unless requested by the Board of Ethics to do so sooner, in which case an amended statement shall be filed within 10 days of the request for the same. Failure to file the required disclosure statement or any amendment thereto in a timely fashion shall be deemed a violation of this chapter. REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 432 3.Elected Town Officials shall disclose campaign contributions of $100 or more from a person or entity who is specifically and significantly affected, positively or adversely, by an action of the Town Board. Such disclosure requirement applies to contributions made within the previous two years prior to the date of the relevant Town Board Resolution and shall be made through inclusion within the relevant Town Board Resolution. F. Investments in conflict with official duties. No officer, employee, or consultant shallinvest or hold any investment, directly or indirectly, in any financial, business, commercial or other private transaction, which creates a conflict with his or her official duties. G. Private employment. No officer, employee, or consultant shallengage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his or her official duties. H. Future employment. No officer, employee, or consultant shall, after the termination of service or employment with the Town of Queensbury, appear before any board or agency of the Town of Queensbury in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration. In the case of a Town Board member, no such member shall appear in relation to any legislative action in which he participated for a period of two years after leaving office. I. The Town Board wishes to create a work environment for its employees free of undue political influence. Opinions from employees of the Town should be offered freely and without fear, job security should not be guiding their opinion. As such, any employee who has been urged to, or commanded to, write letters of support, or vocalize in any format, by an entity (be it Town Supervisor, Councilman, or otherwise) which they feel is more representative of special interests, and not in accord with the public’s interest, should report such to the Town Board. J. The Town Board wishes to address and identify inappropriate relationships and activities, such as collusion, particularly with entities that are doing businesses with the town. For example, the Town should prohibit doing businesses with entities that have political influence over the political careers of Town Officers or a political relationship that may have undue influence over a Town Board REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 433 Member; a relationship which might hinder the spirit of fair, open and transparent competition. K. Nepotism 1.Every public officer, and every municipal employee related closer in degree, by blood or by marriage, than first cousin to any persons seeking employment within any department, section or function of the Town shall disclose such relationship as provided for pursuant to the further provisions of this section. 2.Every member of any municipal board, agency, commission or other municipal body (exclusive of committees) related closer in degree, by blood or by marriage, than first cousin to any applicant for appointment to or to any person seeking employment by or on behalf of. 3.Such board, agency, commission or other municipal body (exclusive of committees) shall disclose such relationship as provided for pursuant to the further provisions of this section. 4.The disclosures required by this section shall be made in writing, directed to the Town Clerk, and shall be made at the earliest opportunity following the date upon which such public officer, municipal employee or member of any municipal body first learns or has knowledge of the making of such application by the person seeking such employment and/or appointment. L. Political activity. No municipal officer or employee shall use his or her official position to obtain, provide, furnish or supply any municipal resource (including but not limited to personnel services, equipment, supplies or facility) on behalf of any political party or candidate, political club or association or any political society or committee. This provision shall not be interpreted or construed as precluding any municipal officer or employee from being involved in the political affairs of the Town as a private citizen, nor shall it preclude any municipal officer or employee from soliciting and/or receiving campaign contributions in the course of a political campaign for public office conducted pursuant to the laws of the State of New York, nor shall it exempt any municipal officer or employee from any federal, state or local rules, regulations, codes of conduct or other restrictions imposed by law. REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 434 M. Use of public property. No officer or employee shall request or permit the use of Town-owned vehicles, equipment, material or property for personal convenience or profit except when such services are available to the public generally or are provided as municipal policy for the use of such officer or employee in the conduct of official business. Distribution of Code of Ethics. The Supervisor of the Town of Queensbury shall cause a copy of this Code of Ethics to be distributed to every officer, employee and consultant of the Town within 10 days after the effective date of this chapter. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his/her office or employment. The Town Clerk shall obtain each officer's and each employee's and each consultant's signature acknowledging receipt of this code. Failure to distribute any such copy or failure of any officer, employee or consultant to receive such copy shall have no effect on the duty of compliance with such code nor the enforcement of the provisions thereof. SECTION 4. Section 14-6(B) of the Queensbury Town Code is hereby amended to read as follows: B. Members. (1) The Ethics Board shall consist of five members, each of whom shall be appointed upon a unanimousvote of all votingmembers of the Town Board, but there must be at least four affirmative votes. All members must reside in the Town of Queensbury. After written notice and opportunity to reply, any member may be removed by unanimous vote of the Town Board for substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office or violation of this chapter. (2) A Chairperson of the Ethics Board shall be elected by the majority vote of the members at the Board’s first meeting and annually thereafter at a meeting to be held in January. Three members shall constitute a quorum. Members shall be appointed for a term of four years; provided, however, that two of the original appointees shall be appointed for an initial term of two years. Vacancies on the Board shall be filled by appointment by unanimous vote of the Town Board for the unexpired term of the former member. The members of the Ethics Board will not be compensated but will be reimbursed for reasonable expenses incurred in the performance of their duties. REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 435 (3) Criteria for Ethics Board members. To assure an impartial and dispassionate membership: No member of the Ethics Board shall: ? Have any direct or substantial financial interest in any work or business or official action by the Town. ? Has, in the past two years, been a candidate for public office in a Town of Queensbury election. ? Currently hold office in any political party committee. ? Have an immediate family relationship with a Town employee. The Town Board seeks a diverse group of Ethics Board candidates who: ? Combine a broad spectrum of background, experience and expertise to be able to fairly assess the multitude and variety of ethics issues typically brought before them. ? Have the ability and willingness to recognize and disregard politically motivated petitions, as opposed to genuine ethical concerns, and render objective and independent decisions. ? Are without potential conflicts and where officials who seek advice about their own conduct can readily turn to the Board knowing that in doing so they are not revealing confidences to partisan opponents. SECTION 5. SEVERABILITY. 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 6. 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. SECTION 7. EFFECTIVE DATE. This Local Law shall take effect upon filing in the office of the New York State Secretary of State. 2.0 HEARINGS KNIGHTS OF COLUMBUS’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERING PROPERTY LOCATED AT 989 STATE ROUTE 9 SUPERVISOR STEC- Okay, is there anyone from the Knight’s here. I don’t expect any, I always ask though. We set this hearing a couple of weeks ago. As everyone knows we REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 436 ran a new sewer line up Route 9 a couple of years ago and everyone is in the district, no one benefits financially at anyone else’s expense by not tying in but in cases where they’ve got some work or some timing issues we’ve allowed through these hearing processes property owners to delay the tie in. The Knight’s of Columbus has asked for a one year extension. I’ve been told they plan on tying in later this summer or early fall when they do some parking lot and other renovation work down there on their property. Again, they continue to pay as though they are members of the district. So, they don’t get an advantage in that manner. Any comments or discussion from the Board? Okay hearing none I’ll entertain a motion to approve this. RESOLUTION APPROVING GLENS FALLS KNIGHTS OF COLUMBUS’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 989 STATE ROUTE 9 RESOLUTION NO.: 207, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, the Glens Falls Knights of Columbus submitted its second application § to the Town Board for a variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect its property located at 989 State Route 9 to the Town of Queensbury’s Route 9 Sewer District due to continuing financial constraints and the Applicant states that the current septic system is relatively new and has a series of big tanks with 500’ of leach field from a 13 Hold D Box, as more fully set forth in the Applicant’s application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on th Monday, May 7, 2007, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 437 adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the Glens Falls Knights of Columbus’ application for a variance/waiver from Queensbury Town Code Chapter 136, § 136-44 “Connection to sewers required” and grants a one year extension of time or until th May 7, 2008 in which to connect the Glens Falls Knights of Columbus’ property located at 989 State Route 9, Queensbury (Tax Map No.: 296.13-1-22) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of May, 2007 by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None 3.0CORRESPONDENCE 32 Fox Hollow Lane Queensbury, NY 12804 May 7, 2007 Town Board Queensbury Town Office Building 742 Bay Road Queensbury, NY 12804 Dear Town Board Members: I am unable to attend tonight’s Town Board meeting due to a schedule conflict but I would like to make the following comments in regard to the proposed bicycle path from Fox Farm Road to Gurney Lane through the Rush Pond Critical Environmental Area. REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 438 At the last Town Board meeting I expressed concerns regarding the environmental impact of the proposed trail. Councilman Strough rightly pointed out that the RFP contains protective language regarding use of existing trails, minimizing tree cutting and other impacts. In my subsequent review of the RFP, I noted that there is some good language regarding these concerns but that the specifications for the trail unnecessarily expose the area to destructive impacts. Specifically, a twelve foot paved trail, with substantial additional clearing on either side, will further erode the forested canopy surrounding Rush Pond. This surrounding forest, which has previously been whittled away by various developments, is necessary to provide visual, sound and environmental protection for the wetland as well as maintain the natural, rural appearance of existing and proposed trails. The proposed trail comes in close proximity to several neighborhoods and to the Queensbury School garage. An excessively wide trail, with the associated forest clearing, will unnecessarily diminish the natural visual screening that benefits both trail users and neighbors. While a twelve foot paved path may be appropriate for an urban trial used by tens of thousands of people daily, it’s incongruous for a park-like setting in a smaller community like Queensbury, especially when it has to be retrofitted into what little open space remains in a previously developed community. Councilman Strough has worked diligently on this project and kindly provided me with New York State D.O.T. design standards. However, my reading of these standards (Chapter 14, Section 6) indicates that a ten foot wide trail is acceptable and an eight foot wide trail is acceptable for less heavily used trails. Locally, our two major bike trails are the Warren County Bike Trail, which I personally measured at several locations at 10- 10.5 feet wide and the Feeder Canal Trail, which I measured at eight feet wide at several locations. Personally, speaking as one of the handful of regular commuting bicyclists in the town, eight feet is plenty for a town of our size and population. I would also recommend no more than two feet of additional clearing on either side of the trail. Aside from design standards, another factor in determining funding from various agencies is overall cost. In fact, reasonableness of cost is the single most important factor considered by the N.Y.S. Office of Parks and Recreation trails program. A narrower trail, requiring less clearing, should be less expensive for funding agencies as well as for any matching funds that the town will have to provide. Thank you for your consideration of these comments. Sincerely, Mark Hoffman 4.0INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 5.0PRIVILEGE OF THE FLOOR JOHN PAYNE- Warren Tire- Proposed leasing the automotive service center located at the K-Mart building at 308 Dix Avenue. Due to the fact that the space would be utilized for retail sale of automotive and truck tires and automotive maintenance and repair services similar to that of previous tenants, Penske Automotive it was believed by him that this would not be a lengthy process. Craig Brown, Zoning Administrator, revealed that the zoning had changed from Highway Commercial to Commercial Industrial, no longer allowing for automotive repair. A great deal of time was spent by Mr. Payne putting this lease and agreement together. He is asking for support from Board to add this use back into that parcel. REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 439 COUNCILMAN BOOR- Questioned Mr. Payne if it was his understanding that because of an 18 month period that the zoning has lapsed and here seeking a zoning change? MR. PAYNE- Right now it wouldn’t be a zoning change COUNCILMAN BOOR- States that he is in support of this. Does have an issue because when they entered that process two and a half years ago all zoning on hold and he himself has been pushing very hard to open up and address some of the zoning issues that are clearly in line the CLUP is and what we know is going to be the zoning in certain areas. This is a perfect case and point. Stated that he will be approaching the Town Board in requesting those re-zonings, that we know for certain are not going to be issues with what is being proposed in the new zoning and Comprehensive Land Use Plan, get addressed quickly. He would like to move on this quickly, but do to the current status that they are not entertaining any re-zonings he would suggest that the Board address this at a workshop and open it up so that the ones that are obviously appropriate can be dealt with soon. SUPERVISOR STEC- Agreed. The process is taking longer than anyone has anticipated or wanted it to. Suggested that possibly the ones that they know are going to be easy take them out of sequence and do them. There is going to be a public hearing required and probably also a referral required to the Warren County Planning Board and perhaps some SEQRA items. This is going to take at least a month. COUNCILMAN BREWER- What if they take the zoning as it exists today and added the use back in it. Then it wouldn’t necessarily be a re-zoning SUPERVISOR STEC- We would still need to have a public hearing to change that and probably still need to go to the Warren County Planning Board for a referral. COUNCILMAN BOOR- It is a re-zoning SUPERVISOR STEC- We are looking at an early June Public Hearing and depending on the Warren County Planning Board it could very well be the end of June before you get the final green light. MR. PAYNE- We can live with that MR. SANFORD- Agreed to support Mr. Payne’s action that he wants them to take SUPERVISOR STEC- Stated that all five Board Members wants to do this but it is going to take some time. It is fair to say that we have every confidence that there is light at the end of the tunnel. We will work with you to get this through. I don’t think there is anything that you need to do; I think the Town Board can initiate this. We will probably talk about this at our next workshop. You don’t necessarily need to be there we know what you need. You are welcome to come. COUNCILMAN SANFORD- The ZBA can issue a Use Variance COUNCILMAN STROUGH- That is very difficult COUNCILMAN BREWER- You don’t want to make him waste his time and money and effort. Let us do it for him. COUNCILMAN BOOR- I agree Tim, but the option should be his COUNCILMAN SANFORD- Alright, I just want to make sure you are aware that you can go that route. SUPERVISOR STEC- Let us initiate the change. COUNCILMAN BOOR- Schedule a workshop REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 440 SUPERVISOR STEC- We will hit the list for next Monday’s workshop for what we want to talk about for these re-zonings. There is about a half a dozen of them, we might jump on all of them or half of them. Certainly this is a very easy one to do. We would like a resolution that two weeks from tonight at our next Regular Town Board Meeting to set the public hearing and notify the County Planning Board and any other agencies that need to be required. We are going to talk about it at a workshop a week from tonight. The Warren County Planning Board will need to have this on the agenda. Nine chances out of ten they are going to say no County impact but it’s the answer we need to get from them. We are looking at the end of June of the first meeting in July that we have the public hearing and approve the zone change/language change. You are looking at early July. MR. PAYNE- We can live with that. JOHN SALVADOR- th Crandall Public Library is holding a Board of Trustees meeting on May 9, 2007 at 5pm. The public is invited. He stated that he has yet to get answers to his questions to this Board or to Crandall Library. He will be attending this meeting and encourages Members of the Board to attend as well. Spoke regarding an article in one of the local papers that reported on the Warren County Board of Supervisors meeting. Supervisor Monroe pointed out that there has to be something done about trash collection in this county because the trash plant contracts run out in 2011. It is not too early to start thinking about this. He stated that he has recently discovered that the Building and Codes Department has issued a temporary occupancy for a residential dwelling on Assembly Point to occupy only the second floor. He is concerned about this because how do you get to the second floor without first going through the first floor. If you recall, I brought this project to your attention and it was built as a renovation. I think what the scheme is here is to use the new part of the building for the apartment while they finish renovating the old part. This project evaded all kinds of reviews because we did not consider it to be in a Critical Environmental Area. Once we overlook the fact that this is a Critical Environmental Area the basis for review changes. It’s from site plan, its everything. We did this by calling it simply a renovation. With regard to Critical Environmental Area it’s happening again. You know, Mr. Boor, you remember all of the talk we went through on some of this development and lack of recognition for Critical Environmental Area? COUNCILMAN BOOR- Yes MR. SALVADOR- We have a project now coming on and the staff notes where the project is framed, it’s framed for the public hearing, it’s framed for the public notice. There is no indication on here that this project is in a Critical Environmental Area. COUNCILMAN BOOR- Would you be willing to share with us what project you are talking about. MR. SALVADOR- It’s called Irish Bay Partners. Now there is no excuse for this. In 1989 Ms. Lee York who was our Executive Director then of the Planning and Zoning received a letter from the Lake George Park Commission. May I read three or four sentences from the letter? SUPERVISOR STEC- Very briefly John MR. SALVADOR- “This is in response to your updated notice seeking coordinated review and establishment of a Lead Agency in the above application. As I understand the Town is considering these same issues, the Park Commission has no objection to its acting as Lead Agency in this matter. Please note, however, that this project occurs within a Critical Environmental Area and should thus be considered a Type I Action”. That’s the Key- a Type I Action not an unlisted action under SEQRA. REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 441 COUNCILMAN BOOR- Is it your belief that it is being listed as a Type I, Type II or unlisted? MR. SALVADOR- I can quote you here, COUNCILMAN BOOR- I mean I received e-mails today MR. SALVADOR- The project I’m referring to for both the ZBA and the Planning Board has been listed by the staff here as SEQRA Type II. COUNCILMAN BOOR- Well, I think you are going to find that that changes. COUNCILMAN SANFORD- And I received an explanation from our Counsel on what their reasoning was for the Type II and it is still not clear in my mind because I agree with you on this. This is a Type I and should have the Long Form SEQRA done. MR. SALVADOR- I think the SEQRA law is quite explicit. If I can read to you COUNCILMAN BOOR- Actually we have the SEQRA law John. I think we are in agreement so I don’t know if you are going to help your case. MR. SALVADOR- Yeah COUNCILMAN BOOR- You are not going to help your case by reading it. We are in agreement with you, okay. MR. SALVADOR- You can agree with me, this application is before two other independent Boards in this Town and it is being mischaracterized. SUPERVISOR STEC- Our Counsel is working those two other Boards John. MR. SALVADOR- Your Counsel has to work with staff SUPERVISOR STEC- Our Counsel is working with staff as well. MR. SALVADOR- Okay COUNCILMAN SANFORD- John, just one further comment and then we will put it to sleep. The concern I have, based on what you just said, sounded as if the APA was basically saying that it is okay for Queensbury to be the Lead Agency. I think that Queensbury via staff is suggesting that APA because they are going to be Lead Agency then we address it as a Type II. Now if APA is willing to allow us to be Lead Agent than we could do it as a Type I, which is what it should be done as, in my opinion. COUNCILMAN BOOR- The Lead Agency is the determining factor. MR. SALVADOR- Why can’t we be the Lead Agency? COUNCILMAN BOOR- We can request it COUNCILMAN SANFORD- We just haven’t had the dialogue yet. I’ve been getting the e-mails, but I haven’t had direct communications with staff. COUNCILMAN BOOR- We just got this today SUPERVISOR STEC- And this is all today COUNCILMAN SANFORD- I requested Mr. Brown to respond to me earlier today and he never responded to me. Okay REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 442 MR. SALVADOR- Hear me please, this project has moved along significantly. It’s been before the Town of Fort Ann, okay. I don’t know what they have done with the APA. They’ve got some agreements with the Lake George Parks Commission with regards to docking. The project is moving, it’s got momentum and its gaining momentum because it’s being mischaracterized. SUPERVISOR STEC- Thank you Mr. Salvador MR. SALVADOR- Thank you BERNARD RAHILL- 37 Wincrest Drive- Stated that he sent Supervisor Stec information on a training program on ethics. There is also a conference on ethics for teachers of elementary, middle and high school students from June 25-28, 2007 at SUNY Cortland. He believes the speed limit on the Route 9 corridor from Glens Falls to Lake George should be a uniform 35 miles per hour. Agrees with Mark Hoffman’s suggestion at the last meeting about Meadowbrook Road being widened in area where construction is being done to afford safe pedestrian and bicycle transit. Feels the need for the Board to address the Rush Pond environment and needs to be protect it from any degradation CAROLYN HART- 421 Luzerne Road- States that she has a petition circulating regarding issues with a construction project going on beyond her property line. It is in a wetland area. There is a road now going through the wetlands causing the water to back up along several properties in that vicinity. Water is backing up into basements. She is asking that construction be stopped until a study can be done to find out what affect this is going to have. She stated that Councilman Sanford was in the area today checking on the problem. She has pictures to document this. COUNCILMAN BREWER- This is being looked into by Engineer, Dan Ryan. He has also been in contact with the Highway Department regarding this. COUNCILMAN SANFORD- If he gets a call from Dan Ryan tomorrow he will be sure to give him Mrs. Hart’s name and address so that he can be in contact with her. th WATER SUPERINDENDENT, BRUCE OSTRANDER- On Monday, May 14 the Water Department is going to begin their annual water main and hydrant flushing program. This will affect the distribution system and residents should check water for water clarity before you begin doing laundry, etc. The flushing takes place every weekday, Monday thru Friday from 8AM-4PM. This will go on for approximately four weeks. They are also starting a pipe project on Meadowbrook Road. The road from the intersection of Quaker Road and Meadowbrook to Ridge Road will be closed Monday thru Friday 8AM-4PM while the construction is going on. This is for the safety of the workers. COUNCILMAN SANFORD- Spoke to Mr. Ostrander regarding a resident on Meadow Lane who is unhappy with the grading from Meadow View to Meadow Drive along Meadow Lane. He has asked to send him an e-mail outlining the specific problems; he will in turn send it to Mr. Ostrander. PAUL NAYLOR- Division Road- Noticed in the paper today they had a caption about who did Hovey Pond. It wasn’t the Recreation Department responsible for that it was the Highway Department. REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 443 He said we, the people, are responsible for all the water problems because we all took our well points out of the ground and got Town water. Now the water isn’t being sucked out of the ground so that is why the water table is coming up. PLINEY TUCKER- 41 Division Road- Spoke regarding Resolution 7.10. Questioned Supervisor Stec whether or not the Town would be receiving money for this grant. SUPERVISOR STEC- Yes, the grant is being awarded. At the last meeting Mr. Tucker spoke to Supervisor Stec regarding getting the Town Board and the Library Board together. He is requesting, if at all possible, that Theresa Sayward as well as Betty Little and a senior reporter from the Post Star be present at that meeting. PETER BROTHERS- Spoke regarding the RFP’s on ball fields, concerned about runaway spending. Reguested the Town Supervisor review the proposal on the County building regarding its cost. Spoke on development on the Lake, requested that the Town Board review development on shorelines. 6.0TOWN BOARD DISCUSSIONS COUNCILMAN BREWER- ? The new building at the Transfer Station looks great. ? The Queensbury High School Concert Band went to Burnt Hills recently last week. They received a Gold with distinction. th ? The Virginia Beach Concert Band placed 5 in Virginia Beach with people represented from six different states. That is quite an accomplishment- job well done! ? Sent a packet of information to all Board members about the gentleman who has the lot on East Avenue, wants to discuss this at the next workshop ? Expressed the need to discuss union contracts at the next workshop COUNCILMAN STROUGH- ? We need to button up some of our code with regard to the CEA along lake shores. Wants to work on that as a Town Board. ? Received an interesting article regarding fire districts in Monroe County near Rochester. After reading the article, fire districts are not the way to go. ? Read an article this week regarding the watershed property and the potential for a little league field to be relocated from school property to there. Approximately a year and a half ago, he suggested that the Town Board sit down with the Members of the Glens Falls Common Council and form a committee to develop a master plan for the watershed. A master plan that would ask for public input. ? On Saturday June 2, 2007 the solid waste stations will be holding tire disposal day. Each household will be allowed to dispose of four tires at no charge. This is for property owners in the Town of Queensbury and the City of Glens Falls. The Ridge Road Landfill will be opened from 7:30AM-3:00PM and the Luzerne Road Landfill will be open 7:30AM-3:30PM. ? Announced schedule for Lawn Pickup: WARD 4 May 7- May18, 2007 th Yard waste must be out by May 6 WARD 3 May 21-May 25, 2007 th Yard waste must be out by May 20 WARD 2 May 29-June 1, 2007 REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 444 th Yard waste must be out by May 28 WARD 1 June 4-June8, 2007 rd Yard waste must be out by June 3 ? Expressed the need for the Board to discuss the Cable TV Franchise agreement COUNCILMAN SANFORD- ? Gave an update on the culvert running from Homer to Quaker Road. The meeting with the commercial property owners and their attorneys went reasonably well. ? Later on tonight resolution 7.17 will be up for vote by this Board- This is a resolution setting a public hearing to basically re-open the SEQRA on the PUD known as the Hiland Park. Reviewed the 1987 EIS, noted environmental issues have changed, wants to reviewed the Meadowbrook Corridor with emphasis on flood plains, wetland and runoff. Depending on the Public Hearing outcome would like to see future development in the PUD be subject to the Planning Board and Zoning Board SEQRA Review. ? Spoke concerning fire districts. Did an analysis of North Queensbury regarding efficiencies. Using 2006 data he measured efficiency via the contract dollars that is provided to the fire company by the Town as a function of the population that they serve and the call volume. North Queensbury was 339% higher than the average fire company in terms of spending. North Queensbury is the least efficient in terms of per call spending. COUNCILMAN BOOR- ? Expressed his condolences to the family of Harold Robillard, a former Town Board Member who recently passed. ? Spoke to the Town’s Attorneys regarding the Connector Road ? Recommends that a resolution be put together formalizing any further out-of- season test pits or perk tests be paid for by the applicants. ? With regards to fire districts, it is very important that the public hearing take place and that everyone is heard before a decision is made. He was approached by a resident of North Queensbury stating that fire tax should be based on dwelling value not on land. Sent this suggestion to Betty Little. ? Spoke regarding consolidation with regards to fire companies. ? Received a letter addressed to the Town Board from Pete Frazier, President of the North Queensbury Fire Volunteer Company dated May 3, 2007 stating they are no longer interesting in having the public hearing. SUPERVISOR STEC- ? Also expressed his condolences to the family of Harold Robillard. ? An employee in the Building and Grounds department fell ill last week. He is doing better and Supervisor Stec will keep the Board posted on his condition. ? The new Ethics Code was passed tonight; we are looking for people who are interested in serving on the Town’s Ethics Board. Send a letter of interest to Supervisor Stec himself or to the Town Clerk. ? Thanks Glens Falls National Bank and TV8 for sponsoring/televising these Town Board Meetings ? The Town’s website www.queensbury.net- there is a lot of information there. 7.0RESOLUTIONS RESOLUTION SETTING HEARING ON JOHN JAROSZ’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 445 THE GAMBLES BAKERY PROPERTY LOCATED AT 920 STATE ROUTE 9 RESOLUTION NO.: 208, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, John Jarosz has applied to the Town Board for a variance/waiver from § Town Code 136-44 for an extension of the Town’s connection requirements to connect the Gambles Bakery property located at 920 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that he is obtaining a contractor to do the work and plans to connect to the Sewer District within 90 days and in the meantime the property has a properly functioning septic system, as more fully set forth in the Applicant’s application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, st May 21, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John Jarosz’s sewer connection variance/waiver application concerning the Gambles Bakery property located at 920 State Route 9, Queensbury (Tax Map No.: 296.17-1-45), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 446 ABSENT: None RESOLUTION SETTING HEARING ON GORDON AND PATRICIA MAREK’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING MAREK’S CARPET AND FLOORING PROPERTY LOCATED AT 1067 STATE ROUTE 9 RESOLUTION NO.: 209, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Gordon and Patricia Marek have applied to the Town Board for a § variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect the Marek’s Carpet and Flooring property located at 1067 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicants state that last year utility pole wires had to be relocated by National Grid and by the time National Grid resolved that issue, the winter freeze had set in but now the Applicants have submitted a deposit to a contractor to do the work and in the meantime the current on-site sewage service is functioning properly, as more fully set forth in the Applicants’ application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, st May 21, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Gordon and Patricia Marek’s sewer connection variance/waiver application concerning the Marek’s Carpet and Flooring property located at 1067 State Route 9, Queensbury (Tax Map No.: 296.9-1-5), and BE IT FURTHER, REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 447 RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID FOR VARIABLE FREQUENCY DRIVES AND ACCESSORIES FOR TOWN WATER DEPARTMENT’S LOW LIFT PUMPS RESOLUTION NO. 210, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 617.2006, the Queensbury Town Board authorized engagement of Barton & Loguidice, P.C. (Barton) for the provision of engineering services related to the replacement of three Low Lift Pump variable frequency drives at the Town’s Water Department, including the development of specifications, and WHEREAS, Barton presented the Town’s Civil Engineer with bid documents and specifications to advertise for bids for the furnishing and installation of the three (3), six pulse variable frequency drives and accessories necessary to operate the three (3) 125 horse power low lift pumps, along with a contingency built in to the specifications to cover any additional line filter that may be required to keep any electrical variations within specified guidelines, and WHEREAS, by Resolution No.: 142,2007, the Town Board authorized an th advertisement for bids and on April 27, 2007, all received bids were opened, and WHEREAS, Barton, the Purchasing Agent, the Water Superintendent and Civil Engineer have recommended that the Town Board award the bid to the only, and therefore lowest, responsible bidder, Troy Belting and Supply Co., for an amount not to exceed $56,725 for the three (3) installed drive replacements, plus an additional $36,687 for the active harmonic filter system, if the Town determines it to be necessary, for a total REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 448 $93,412.00 bid of , NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the furnishing and installation of three (3), six pulse variable frequency drives and accessories necessary to operate the three (3) 125 horse power low lift pumps at the Town’s Water Department, along with a contingency built in to the specifications to cover any additional line filter that may be required to keep any electrical variations within specified guidelines, from the lowest responsible bidder, Troy Belting and Supply Co., for an amount not to exceed $56,725 for the three (3) installed drive replacements, plus an additional $36,687 for the active harmonic filter system, if the Town determines it to be $93,412.00 necessary, for a total bid of , , and BE IT FURTHER, RESOLVED, that payment for such Project be made from Account No.: 040- 8320-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Civil Engineer and/or Town Fiscal Manager to sign any needed documentation and take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF JAMES ROBERT SMITH AS TEMPORARY LABORER IN TOWN WATER DEPARTMENT TO PERFORM INSPECTIONS FOR SHORE COLONY WATER DISTRICT RESOLUTION NO. : 211, 2007 INTRODUCED BY Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 449 WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire a temporary Laborer to work for the summer for the Town’s Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of James Robert Smith as a temporary Laborer to work for the summer in the Town’s Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements commencing in May, 2007, and BE IT FURTHER, RESOLVED, that Mr. Smith shall be paid $12 per hour as set forth in Town Board Resolution No.: 620,2006 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Town Fiscal Manager and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ACKNOWLEDGING APPOINTMENT OF AND ESTABLISHING SALARY FOR THOMAS VAN NESS AS DEPUTY HIGHWAY SUPERINTENDENT RESOLUTION NO. 212, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s newly appointed Highway Superintendent has advised that he wishes to appoint Thomas VanNess as Deputy Highway Superintendent, REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 450 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges the Town Highway Superintendent’s appointment of Thomas VanNess as Deputy Highway Superintendent, such appointment and associated annual salary of $49,000 to be effective rd and retroactive to April 23, 2007, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Highway Superintendent, Town Supervisor and/or Town Fiscal Manager to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of April, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF WILLIAM BUTLER AS MOTOR EQUIPMENT OPERATOR IN HIGHWAY DEPARTMENT RESOLUTION NO. 213, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Highway Superintendent wishes to fill a vacant Motor Equipment Operator (MEO) position (due to the retirement of a former MEO), and WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and wishes to an appointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of William Butler to the full-time Union position of Motor Equipment Operator (MEO) in the th Town’s Highway Department effective on or about May 8, 2007, and REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 451 BE IT FURTHER, RESOLVED, that such appointment shall be contingent upon Mr. Butler’s successful completion of a pre-employment physical as required by Town Policy, any applicable Civil Service requirements and an eight (8) month probation period, and BE IT FURTHER, RESOLVED, that Mr. Butler shall be paid the hourly rate for the MEO position as delineated in the Town’s current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Fiscal Manager to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION APPOINTING ERIC BUONVIAGGIO AS ANIMAL CONTROL OFFICER ON PERMANENT BASIS RESOLUTION NO. 214, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 255,2006, the Queensbury Town Board appointed Eric Buonviaggio as Town Animal Control Officer on a provisional basis until such time as Mr. Buonviaggio successfully completed a six month probation period, and REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 452 WHEREAS, Mr. Buonviaggio has successfully completed his six month probation period and therefore the Town Board may appoint him on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Eric Buonviaggio th to the position of Town Animal Control Officer on a permanent basis effective May 7, 2007, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Town Fiscal Manager to complete any forms necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of May, 2007 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF YVONNE LASHWAY TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. : 215, 2007 INTRODUCED BY Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Yvonne Lashway to work on a seasonal, part-time basis for the Department as an Office Assistant, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and Yvonne Lashway is the wife of Town Computer Technology Coordinator Ryan Lashway, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 453 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Yvonne Lashway to work as an Office Assistant for the Town’s Department of th Parks and Recreation on a seasonal, part-time basis effective on or about May 8, 2007, at an hourly wage of $9.35, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Fiscal Manager to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVANCE APPROVAL OF CLAIMS RESOLUTION NO.: 216, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough , WHEREASthe Queensbury Town Board sees a need to allow payment of certain bills ahead of the regular Town Board audit in order to ensure the continuance of health and dental insurance coverage, avoidance of late charges and timely delivery of certain shipments and mailings, and WHEREAS, the Town Board wishes to authorize payment in advance of audit of claims for public utility services, health and dental insurance premiums, debt service payments, postage, freight and express charges, and WHEREAS, Town Law Sections 64(23) and 118 allow for such payments, and WHEREAS all such claims shall be presented at the next regular meeting for audit, and REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 454 WHEREAS the claimant and officer incurring or approving such payments shall be jointly and severally liable for any amount disallowed by the Town Board, NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the payment in advance of audit of claims for public utility services, health and dental insurance premiums for policies that would otherwise lapse before audit, postage, freight and express charges and all such claims shall be presented at the next regular meeting for audit, and the claimant and officer incurring or approving such payments shall be jointly and severally liable for any amount disallowed by the Town Board, and BE IT FURTHER, RESOLVED, that this Resolution shall take effect immediately, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF UNITED STATES DEPARTMENT OF COMMERCE’S ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT FUNDS FOR CONSTRUCTION OF NEW ROADS, WATER AND SEWER UTILITIES AND STORMWATER MANAGEMENT FACILITIES RESOLUTION NO.: 217, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 455 WHEREAS, by Resolution No.: 42,2007, the Town of Queensbury entered into an agreement with the Economic Development Corporation – Warren County (EDC) in an effort to improve employment opportunities and economic development in the Town of Queensbury, and WHEREAS, the EDC, together with the Town of Queensbury as municipal sponsor, applied and have been approved for $529,000 in grant funds from the United States Department of Commerce Economic Development Administration (EDA) to assist in the construction of new roads, water and sewer utilities and storm water management facilities, and WHEREAS, the Town Board wishes to accept such grant funds and authorize execution of the Financial Assistance Award and/or any necessary Grant Agreement and associated documentation, and WHEREAS, the EDC, as co-applicant, will be the entity receiving and administering such grant funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $529,000 grant received from the United States Department of Commerce Economic Development Administration (EDA) as set forth in the preambles of this Resolution and authorizes and directs the Town Supervisor to execute the Financial Assistance Award and/or any needed Grant Acceptance Agreement or documentation, in a form acceptable to Town Counsel and the Town Fiscal Manager, and BE IT FURTHER, RESOLVED, that the Town Board understands that the Economic Development Corporation – Warren County (EDC) will receive and administer such grant funds on the EDC and Town’s behalf, and BE IT FURTHER, RESOLVED, that the Town Board further directs and authorizes the Town Supervisor and/or Town Fiscal Manager to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of May, 2007, by the following vote: REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 456 AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None DISCUSSION HELD BEFORE VOTE: LEN FOSBROOK- A notice has been put in the paper relative to the bids, the bid documents have been prepared. They will issue bids within the next weeks or so. Trying to meet the Guard schedule, they have to start using their funds that were allotted for the construction of the readiness center. They want to get this started to try to get the road completed as soon as possible. COUNCILMAN SANFORD- Asked Mr. Fosbrook to look at the resolution to confirm with Supervisor Stec that the forms make sense. It looks as though there were some typo’s with regards to the State name as well as the investment numbers which don’t appear to match. RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY ROBERT MORRIS RESOLUTION NO.: 218, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Robert Morris and Susan Morris previously commenced an Article 7 Real Property Assessment Review case against the Town of Queensbury concerning the assessed value of property located at 371 Cleverdale Road (Tax Map No.226.12-1-55) for the 2006 assessment year, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the case with Special Counsel, and WHEREAS, Counsel for the Lake George Central School District has advised that he will recommend the proposed settlement terms be approved by the District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 case against the Town of Queensbury by Robert Morris and Susan Morris, concerning their property located at 371 Cleverdale Road (Tax Map No. 226.12- 1-55) for the 2006 assessment year in accordance with the following revised assessment value: REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 457 Tax Year Current Assessment Revised Assessment 2006 $1,531,600 $1,380,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Petitioner within sixty (60) days from the date that a Demand for Refunds is served upon the Town of Queensbury and the Warren County Treasurer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Fiscal Manager and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY GEORGE SICARD RESOLUTION NO.: 219, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, George Sicard previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury concerning the assessed value REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 458 of property located on Pilot Knob Road (Tax Map No. 227.18-1-2) for the 2005 assessment year, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the case with Town Counsel, and WHEREAS, counsel for the Lake George Central School District has not been served with the Petition but approves of the settlement pending approval by the District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by George Sicard, concerning his property located on Pilot Knob Road (Tax Map No. 227.18-1-2) for the 2005, 2006 and 2007 assessment years in accordance with the following revised assessment value: Tax Year Current Assessment Revised Assessment 2005 $ 177,000.00 $ 84,500.00 That for 2006, the assessment would return to $177,000.00 as no petition was ever filed. That for 2007 and beyond, the assessment would revert to $ 84,500.00 and would remain static until there is an improvement that would warrant an increase or a Town-wide re-evaluation pursuant to the requirements of the statute. and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Petitioner’s counsel, Muller, Muller & Mannix within sixty (60) days from the date that a Demand for Refunds is served upon the Town of Queensbury and the Warren County Treasurer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Fiscal Manager and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 459 th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION TO AMEND 2007 BUDGET RESOLUTION NO.: 220, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Fiscal Manager, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to transfer funds and amend the 2007 Town Budget as follows: FROM: TO: $ AMOUNT: 032-8120-2899 032-8120-4440 7,286.10 (Capital Project) (Sewer Line Maint.) 034-8120-2899 034-8120-4400 1,337.90 (Capital Project) (Misc. Contractual) 001-1410-4130 001-1330-4130 700.00 (Town Clerk) (Tax Receiver) 001-3620-4105 001-3410-4105 1,000.00 (Bldg/Code Mob. Comm.) (Fire Code Mob. Comm.) FROM: TO: $ AMOUNT: 001-3620-4400 001-3620-2010 100.00 (B/C Misc. Contr.) (B/C Office Supplies) 001-8020-1010 001-3989-4400 1,300.00 (Planning Salaries) (Safety) 001-8010-1010 001-8010-4110 1,000.00 REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 460 (Zoning Salaries) (Vehicle Repair Planning) 001-3620-1010 001-8010-4110 1,000.00 (B/C Enf. Salaries) (Vehicle Repair Planning) 001-1990-4400 001-3620-4742 8,000.00 (Contingency) (B/C Non-Reimburs. Engineer) 032-8120-4400 032-8110-4200 2,200.00 (Misc. Contractual) (Property Insurance) th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SOAP BOX DERBY RESOLUTION NO.: 221, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor *DISCUSSION HELD BEFORE VOTE. COUNCILMAN BREWER LEFT MEETING. RESOLUTION REINTRODUCED AND SECONDED RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SOAP BOX DERBY RESOLUTION NO.: 221, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has received a request for funding in the th amount of $7,000 from the Glens Falls Soap Box Derby which will be holding its 5 Annual ndrd Soap Box Derby in the City of Glens Falls on June 2 and 3, 2007, and REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 461 WHEREAS, such event is expected to draw hundreds of participants and supporters to the City of Glens Falls, Town of Queensbury and the surrounding area’s hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution the Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Glens Falls Soap Box Derby in the amount of $7,000 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and the Glens Falls Soap Box Derby has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes th funding to the Glens Falls Soap Box Derby for holding its 5 Annual Soap Box Derby in the ndrd City of Glens Falls on June 2 and 3, 2007 and authorizes the Agreement between the Town and the Glens Falls Soap Box Derby substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with such funding to match City of Glens Falls funding, not to exceed the sum of $7,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 001-6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is contingent upon the Town Fiscal Manager confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES: None REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 462 ABSENT: Mr. Brewer DISCUSSION HELD BEFORE VOTE: COUNCILMAN BOOR- Would prefer the resolution be amended to say that the Town will match up to $7,000, the monetary amount the Glens Falls offers. FRAN DOUGHERTY, PRESIDENT OF GLENS FALLS SOAP BOX DERBY- Just because it is called the Glens Falls Soap Box Derby doesn’t mean it is exclusively a Glens Falls activity. Students from all over Warren County that are involved in this. He has been to the Mayor’s Office to ask for their support. The funds that they are looking for are for more than to hold the local race. All of the rallies will be held in Queensbury. The local race can be funded with proceeds from the rallies. SUPERVISOR STEC- Agrees with the Board that other municipalities should be approached for funds. Stated that the Town does fund a lot of other bed tax activities for events that are located in the City. COUNCILMAN BOOR- Asked for a copy of the Schedule A MR. DOUGHERTY- Will have a copy to Supervisor Stec first thing tomorrow morning. SUPERVISOR STEC- Proposed language to amend resolution for the Town to match what Glens Falls contributes. Given that the motioner- Councilman Brewer had left the meeting the resolution was re-introduced and a motion was made with amendment by Councilman Boor and seconded by Councilman Strough. RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF MAY 7, 2007 RESOLUTION NO.: 222, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills rdth presented as the Warrant with a run date of May 3, 2007 and a payment date of May 8, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a rdth run date of May 3, 2007 and payment date of May 8, 2007 totaling $1,326,401.14, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 463 th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Stec, Mr. Boor NOES: None ABSENT: Mr. Brewer RESOLUTION APPROVING REVISION TO GRANT AWARD IN CONNECTION WITH CASE # 5172 FOR THE TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 223, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants up to 100% of the cost of rehabilitation, up to a maximum of $20,000 per unit whichever is less, and WHEREAS, a single family property Case File # 5172 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, the Town of Queensbury has previously approved a HOME rehabilitation grant in the amount of Twenty thousand dollars and no cents ($20,000.00), and a deferred loan through the Town Housing Rehabilitation Program in the amount of Two thousand three hundred forty-four dollars and no cents ($2,344.00), and WHEREAS, property rehabilitation specifications have been revised to include additional work, and WHEREAS, the revised cost to complete the work specified is: Twenty three thousand eight hundred ninety dollars and no cents ($23,890.00) and is still the lowest acceptable cost, and WHEREAS, the owner has been approved to receive a grant for Twenty thousand dollars and no cents ($20,000.00) through the HOME Program and is now eligible to receive Three thousand eight hundred ninety dollars ($3,890.00) in additional grant funds through the Governor’s Office for Small Cities, and REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 464 , WHEREASthe owner no longer wishes to receive the previously approved deferred loan. NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a CDBG grant for Case File #5172, Queensbury, New York, in the amount not to exceed: Three thousand eight hundred ninety dollars and no cents ($3,890.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: Mr. Brewer RESOLUTION SETTING PUBLIC HEARING TO FURTHER CONSIDER ENVIRONMENTAL IMPACTS OF THE HILAND PARK PLANNED UNIT DEVELOPMENT FOR PROPERTY OWNED BY THE MICHAEL’S GROUP, LLC RESOLUTION NO.: 224, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 73 of 1987 the Queensbury Town Board established itself as Lead Agency for review of the Hiland Park Planned Unit Development (PUD) under the State Environmental Quality Review Act (SEQRA), and WHEREAS, by Resolution No. 95 of 1987, the Town Board designated the PUD as a Type 1 Action and required that a Draft Environmental Impact Statement (DEIS) be prepared, and WHEREAS, by Resolution No.: 104 of 1987 the Town Board accepted the DEIS th as complete and set a public hearing on such DEIS, and on April 28, 1987 a public hearing was duly held to consider the environmental impacts of the PUD, and REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 465 WHEREAS, by Resolution No. 201 of 1987, the Town Board accepted a Final nd Environmental Impact Statement (FEIS) on the PUD and on July 2, 1987 the Town Board issued a Notice of Completion for the FEIS, and th WHEREAS, on July 14, 1987, by Resolution No. 211 of 1987, the Town Board adopted a SEQRA Findings Statement on the PUD, and WHEREAS, by Resolution No. 212 of 1987, the Town Board enacted the Hiland Park Planned Unit Development, and WHEREAS, the Queensbury Planning Board is currently considering a site plan by The Michael’s Group, LLC at the Hiland Park PUD, and th WHEREAS, on April 17, 2007, the Queensbury Planning Board adopted a Resolution requesting the Town Board to reconsider the SEQRA Findings Statement on the PUD due to recent developments regarding storm water, wetlands and flooding, along with a recommendation for a comprehensive watershed analysis of the Meadowbrook Road Corridor, and WHEREAS, the Town Board has asked the Town Engineer to consider updated wetlands information relevant to the environmental impact of this project before the Planning Board, and rd WHEREAS, at an April 23, 2007 Town Board Workshop Meeting, the Town Board discussed the possibility of scheduling a public hearing and the reopening of its th original July 14, 1987 SEQRA findings for the Hiland Park Planned Unit Development zone, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, June 4, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning new information related to storm water management, pre-development groundwater levels, floodplains and soils and the prior SEQRA approval of the Hiland Park Planned Unit Development, and BE IT FURTHER, RESOLVED, that the Town Board hereby indicates its wish to re-open the SEQRA review of this Project and authorizes and directs the Town Clerk and/or Executive Director of Community Development to send a copy of the original Long Environmental Assessment Form Part I and certified copy of this Resolution to any and all communities or agencies that REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 466 it is necessary to give written notice to in accordance with New York State Town Law including, but not limited to, the Warren County Planning Board, notifying the involved agencies of this reconsideration, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to. th Duly adopted this 7 day of May, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: Mr. Brewer RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 225,2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss personnel histories. th Duly adopted this 7 day of May, 2007 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough REGULAR TOWN BOARD MTG 05-07-2007 MTG #18 467 NOES: None ABSENT: Mr. Brewer RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 226,2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. th Duly adopted this 7 day of May, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 227,2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 7 day of May, 2007 by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Stec, Mr. Boor NOES: None ABSENT: Mr. Brewer Respectfully Submitted, Darleen Dougher Town Clerk Town of Queensbury