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2007-11-05 MTG4776 TOWN BOARD MEETING 11-05-2007 MTG. #47 TOWN BOARD MEETING MTG. # 47 NOVEMBER 5, 2007 RES. 469-489 7:00 p.m. BOH 26-27 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS Town Department Heads Fiscal Manager Barbara Tierney Pledge of Allegiance led by Supervisor Daniel Stec 1.0PUBLIC HEARINGS 1.1Public Hearing – Annual Town Budget for 2008 NOTICE SHOWN PUBLICATION DATE: October 21, 2007 Supervisor Stec-(on file with the minute folder a copy of the slide presentation)The first item on the agenda is the presentation on the proposed 2008 Queensbury Town Budget. We will have a power point presentation about twelve slides that I will go through and then we will take public comment and following that conclusion of the public hearing we will likely adopt the budget. I want to thank many of our Department Heads are here, I will not name them all but I will single out our newest Department Head who just started as the Town’s Assessor three weeks ago, she is sitting in the back, Terry Ross. We followed more or less the same process that we have used at least in all the years that I have been involved in the town budgets. Late July, early August the Town Department Heads submitted their data to the Budget Office, to Barbara and she and I started going through that data. The Town Supervisor has to create the tentative budget first and submit that to the Town Clerk and then from there the Town Board takes over. So, we th started in on that in early August and September 14 is when we produced a Tentative Budget to the Town Board since then we have had two workshops entirely dedicated to just the budget and a third workshop where we spent some time going over some non- profits funding that the Town historically has done. So, we have had basically three budget workshops in preparing this. As I mentioned when we set this public hearing three weeks ago I think we have a pretty good budget but we are going to present it to st you tonight and take comments. 1 Slide The big picture here just as far as what is the final impact going to be, 2008 will be the seventh consecutive year that there will be no general town tax in Queensbury. So, the Town Tax rate will remain at zero for the general town tax. Obviously, there are special districts that are involved between Fire and EMS we will cover those later. So, it is not to say you will not get a tax bill in January but certainly it is the seventh year that there will not be a general town tax for general operations. Likewise the Town Board back in August I believe it was did adopt a resolution to leave two million dollars in 2008 at the County to help off set County Taxes and this will be the fifth consecutive year that we have used some of the towns sales tax revenue in order to do that. Just to give you an idea those last five years that totals just a little bit under eight million dollars. When we adopted that of course the ability to continue this in the long run depends on two things; revenues and town spending. Certainly we want to do the best we can on both of those items, but at least for next year there will be another two million dollar rebate toward County taxes. As far as the nuts and bolts of the appropriations, I often look at the, and you will see it in this presentation, there are two large chunks to look at in the budget, the general fund which is roughly ten 77 TOWN BOARD MEETING 11-05-2007 MTG. #47 million dollars and then the total of all funds which includes the general fund and as well as fire, water districts, ems districts, the wastewater pretty much cemetery, highway everything all totaled is a number in the neighborhood of as you can see twenty five million dollars. Now, this, it is important for me to point out that this is the preliminary budget which we adopted three weeks ago and are having a public hearing on tonight. Since that was adopted at our last workshop two weeks ago we did as I mentioned earlier sit down and make some adjustments that we are going to propose later that are going to change the total numbers a little bit as far as some of the non profit funding. So, this presentation is based because State says that we need to do it on the preliminary budget and then following the preliminary the budget public hearing we can make a couple of minor changes which again are proposed and are part of the resolution and we will cover them in a little bit more detail in a little bit. As you can see from 2007 to 2008 on an almost twenty five million dollar budget about ninety six thousand dollars increase or .4% increase, so more or less a flat budget when you look at the grand total of all funds. That is remarkable given, that given that we know that health insurance, retirement, wages and wages is a very, all three of those together are very significant portion of the towns total budget. Certainly went up by a lot more than .4% and so what we have done here we have been able to absorb some of those anticipated increases by falling back on some other areas of the budget. Next Slide- As I mentioned before here are the general fund and some of the larger separate funds outside of the general fund. You can see that the general fund itself is up about four hundred and twenty thousand dollars or 4.1%. The cemetery fund is up about 3.2% that is on a much smaller number about fifteen thousand dollar change. The highway fund is up about 6% the solid waste fund is up 9.4% on a relatively small number. So, that is a summery of some of the larger chunks of the budget. Next Slide- The next few slides here are really graphically just historical, just to give you an idea because we often talk about as we talked about over the last couple of years, you know what is 24.98 million dollar budget means relative, and certainly we just talked about it meant relative to last year. But, certainly you can see that 2004 was a high water mark year, 2005 budget for a point of reference if nothing else the 2005 budget was the first budget that I prepared as Supervisor. I was involved in all budgets from 2001 to present, the first four as a Councilman. From 2005 to present those are the budgets that were done as Supervisor and you can see that we really leveled off and we are just a shade in 2008 we are literally about ninety thousand dollars higher than we were in 2004. So, again you are looking at over a four year period probably an annual rate of increase of maybe .2%. Again, I think we have done a good job over the last several years keeping control on Town spending. Next slide please, Bob, this has a very similar shape to it as the last one, but it is just the general funds. Actually you can see that we were fairly linier from 2000 to 2004 again, 2005 we came in we sharpened the pencil a little bit and then more or less we kept a similar slope from 2005 to present. But, again if you look at I think going from the 04’ budget which was about ten point one million to the 08’ which is ten point five million again you are looking at probably an annual rate of increase in the neighborhood of about one percent. Again, I think that as far as the appropriation levels are concerned with that the Town Board and I have done a pretty good job these last couple of years on preparing these budgets. Next slide. For those of you that may be getting ..in the audience this presentation is really a mirror of last years presentation with just updated graphs. We have added some new data to it and now we are getting into this point and you know obviously at first glance somebody would say and I said almost this very same thing last year that what happen from 05’ to 08’ in fire and ems appropriations. Well what happened there was that we added we built a new squad building for West Glens Falls EMS that debt is going to be hitting the budget in full force in 08’. We also bought a new ladder truck for Queensbury Central and another one not to overlook in the order of hundreds of thousands of dollars the biggest single change in the fire and ems appropriations that we have done in that time is we added paid day time staffing. That is three hundred thousand dollars on their one million dollar budget so we added that which obviously improves the response times and the quality of service that ems provides but certainly adds to total appropriations. So, I said how is this a good news slide? Again, this is appropriations, the Slide will show that. Councilman Sanford-Are you taking questions or not? Supervisor Stec-Yes, when I get through it, unless? 78 TOWN BOARD MEETING 11-05-2007 MTG. #47 Councilman Sanford-I was just wondering slide by slide because I was wondering, you see that drop from what was it 2003 to 2004 and 2005, when Supervisor Stec-Some of that was the truck fund. Councilman Sanford-When was it eliminated, the truck fund? Supervisor Stec-I think that was 05’. 04’ to 05’ that was probably the biggest reason for that drop. Councilman Sanford-So, basically that was almost a change in the philosophy. Supervisor Stec-In the philosophy, sure. Councilman Sanford-In how we were financing fire companies which amounted to six hundred thousand dollar it looks like drop. Supervisor Stec-Well there are about fifty thousand a year times five companies is about a quarter million a year for fire apparatus fund. Next slide please. So, we have got a big apparent big increase in appropriations again the largest portion probably being EMS bill for service, or I mean third party billing, I mean paid day time staffing. But, off setting that is a new revenue source historically EMS was entirely funded by a tax rate and since 2005 actually we set it up in 04’ and it started actually collecting in 05’ you can see that we had a revenue of about four hundred and forty thousand in 2005 that was partially it was about ten months. In 2006 we realized almost six hundred and forty and as of last Friday we had five ninety two and change this year. So, that is holding down the amount to be raised in taxes for EMS which the next slide will show. So, you can see here again, when you look at the amount to be raised in taxes again 07’ and 08’ came up a little bit up over the previous years but again 08’ at two million six hundred and sixty eight thousand dollars is right on par with where we were in 2002, 2003 and 2004. So, what is the difference between, we are raising about the same amount of taxes as we were six or seven years ago however we have a new ladder truck we got a new EMS building and we have got a new, we have got a new paid day time staffing program that is improving service. So, we are getting more for our tax dollars as I wanted to go over that. The next few slides are just really more, again historic data but I just want to show this goes back to 1988 the blue line at the bottom is the towns tax rate and you can see that it bottomed out in 2002 when it was eliminated in the budget the yellow line is the county tax rate and the red line is the sum of the County and Town Tax Rate and you see that when the Town tax went to zero in 02’ then the red and yellow lines now track together. Part of the drop in 1993 and 2005 was due to a reval that by itself changes the tax rate, however you can see that even after that in 2005, 2006 I am sorry 2006 and 2007 and you will see here when you get to the summary slide at the end of 2008 that your combined Fire and, or your combined County taxes rate is still going to be lower than it was five or six years ago. Councilman Sanford-But if you were to display this same chart without using a per thousand because as you know, per thousand you see the drop off but everybody’s property were assessed many more thousands of dollars, that slope would continue to have a much more positive continuing direction. Supervisor Stec-Correct, yes. Ok, the next slide goes to I think really it kind of hits a little on the surplus and the use of a portion of the Town’s revenue, sales tax revenue to off set County taxes and some of the discussion certainly had been in the past how big is the fund balance and really it depends on how you define fund balance and that really is what these next three lines all show. The red line is the audited financial at the bottom of the audit statement what is the total general fund balance and you can see that end of year 2006 it was just a shade under ten million dollars. It had been higher it had been over eleven a couple of years previously, why did it start coming down the last couple of years? Because in the last four years we have handed out almost eight million dollars worth of rebates. So, that is why it is starting to come down the question is, is it falling precipitously or how long is this going to last and again it will depend on what future revenues are and what future town spending does. The blue line is more or less the same 79 TOWN BOARD MEETING 11-05-2007 MTG. #47 shape except it is obviously off set by about one point five to one point eight million dollars that is the amount that the Town uses it appropriates into the next years budget every year as the budget balances. So, that is a smaller number the green line then and how is that tracked together with the blue line and what does that represent? In 2001 the town created the capital improvement fund which you have heard us talk about as we have done a lot of projects we cleaved out a lot of money from undesignated fund balance that we hadn’t called it a separate name before, it has moved into a separate account it has some different rules so now the green line is the actual undesignated fund balance, the space between the green line and the blue line is the capital improvement funds. So, if we hadn’t created a capital improvement fund in 2001 then basically the undesignated fund balance would be the blue line. So, again this is maybe a hypocritical or hyper specific thing to try to explain but basically the space between the blue and the green line is the capital reserve fund that we had created. So, again you can see that the green line is steadied out over the last couple of years and so some could argue well we have got about a five point eight million dollar unrestricted fund balance but if you factor in capital reserve then we are looking at a number eight million dollars. The important thing that I wanted to try and show in these graphs is that just give you an idea of where the fund balance has been in the early 1990’s it hovered right around two million dollars and now depending on how you look at it is either six, eight or ten million dollars. That gives you an idea of what the Town’s fund balance has done, because that is critical as we move forward as far as tax stabilization and the future of some of these other things. Bob, next slide. This is the last kind of historical slide, these are slides that I just I have been adding to them as each year goes by, I created them probably five or six years ago and I just add to them as we get end of year data. The blue line is the actual received sales tax revenue that the town receives and the red line is what was budgeted in each year. You can see obviously there is a big space in the late nineties and early two thousand where frankly we were either under budgeting or we had fantastically great years for sales tax revenue. We tried to tighten that up a little bit without getting too carried away like it was in the late 80’s and early 90’s in the last few years and what are we budgeting for, in the last couple years we have budgeted for an eight million dollars of gross sales tax revenue from the County and we did exceed that last in 2006 we realized 8.4, I do not know exactly, where we have got two more quarters to hear from for this coming year but the first two quarters were tracking, we are going to meet our budget. So, I just wanted to show you that as far as where the revenue comes from. The very last slide it jumps back to the meat and potatoes of the 2008 budget. I apologize because I know this is difficult to see I will read what I think are the highlights. But, this is a sheet taken directly from the town budget that summarized various tax rates and what not. Certainly there are some handouts here if somebody wants to grab them. But, again the general town tax will remain at zero. The emergencies services for fire the tax rate will go down slightly from just over 73 cents a thousand to just under 73 cents a thousand, changed by less than a penny. The EMS taxes will go up from 13 and a ½ cents a thousand to 17 and a ½ cents a thousand it goes up four pennies a thousand. Lighting districts we had some significant percentage changes however I think the only one that changed more than just a couple pennies, South Queensbury is going to go up 4.7 cents per thousand from 24 and a ½ cents to 29 cents per thousand. Wastewater districts were either flat or down some of them were down double digits in their rates and likewise water districts were down with the exception of Shore Colony which actually took an increase from about 99 cents a thousand to about a $1.56 a thousand, so that went up significantly. It is a small district, the amount to be raised in taxes in Shore Colony is just over $15,000 dollars so that is part of the handout, if anyone wants to look at it. Again, more or less we have turned in what I think is a pretty flat budget and again I started by saying I wanted to thank the Department Heads for their work that they did in July and August meeting with Barb and myself. I want to thank Barbara greatly because Barbara was as involved in this as anyone could have been more so than I think any of us. Certainly the last seven weeks the Town Board had this and we have gone through it and I think that the five of us are pretty satisfied with where we landed. With that said what I want to do now is I want to open it to Councilman Boor-Under Town Wide General Operations that three million five hundred and fourteen thousand transfer to other funds, what is that? 80 TOWN BOARD MEETING 11-05-2007 MTG. #47 Supervisor Stec-That is an amount and if you look back historically that amount, not that exact amount, but an amount in that neighborhood has been in every budget and that is a transfer from the general fund to off set two other funds, the majority of which is the highway department, which is most of it, which is all of three million dollars and then another small portion is cemetery. Again, that is historically, that amount that interfund transfer has been there every year in that neighborhood. Councilman Boor-I do not understand you are getting fifteen million Councilman Sanford-They are listed below, cemetery, highway and solid waste are listed below that number and they are additive to the three five one four. Fiscal Manager Barbara Tierney-Appropriation wise the general fund has the expense of transferring monies from the general fund to the highway and to the cemetery therefore the expense is shown in the general fund under transfer to other funds. So, that money gets transferred from general into the highway fund where again the highway fund needs to appropriate the expenditure in their own operating fund to allow the expenditure of those appropriated funds, the highway funds. Supervisor Stec-In fact it gets counted twice Councilman Boor-It is on there twice. Councilman Sanford-There should be an equality here and they are not equal. The transfer to other fund is thirty five fourteen, but then if you take highway it is four hundred and ninety five thousand, if you take highway it is a greater number than the thirty five fourteen it is thirty six twenty six and solid waste is six ninety. So, those appropriations to the other funds is greater than what you are saying is a transfer to other funds. Budget Officer Tierney-I don’t have an adding machine I will have to look at it. Councilman Boor-You can tell it that they don’t though. Councilman Sanford-You can tell by just looking at them. Councilman Boor-Just the highway alone is higher. Budget Officer Tierney-I understand, I do not have, the spread sheet carries so I have to look at the formula to figure out what is carried. Councilman Sanford-If we are going to adopt this we better make sure it is right. Supervisor Stec-It is correct the difference that two hundred and eighty six is that what you are asking about Richard? Councilman Boor-The three million five hundred and fourteen thousand transfer to other funds, that is not even equal to highway let alone highway, sanitary and solid waste. Supervisor Stec-No it isn’t because they not all the revenue I understand your question now, not all the revenue is that transfer. Councilman Boor-But you are getting a total of fifteen million you are adding it all together and that is your total account operations. Budget Officer Teirney-The highway fund is, the general fund is going to appropriate three million five fourteen to give to the highway and the cemetery fund those are monies solely given by the general fund, once in the highway fund the highway fund has revenues other than that transfer from the general fund and therefore can expend them. For example they get chips money so that chips revenue goes directly to the highway fund so they have more money in their appropriations to expend. 81 TOWN BOARD MEETING 11-05-2007 MTG. #47 Councilman Sanford-It wouldn’t be an added to function you would only put the delta in you put the change in other words you have a fifteen million three and ..you are probably right but what I am trying to say here is are you saying that the transfer to other funds of three point five one four million is in addition to these other three numbers for cemetery, highway and solid waste? Budget Officer Tierney-The three million five fourteen is an expenditure to the general fund. Supervisor Stec-It is a revenue to the cemetery and highway. Budget Officer Tierney-And it is a revenue to cemetery and highway, cemetery and highway realize other revenues on top of these transfers. Supervisor Stec-They do add up though. Councilman Brewer-They get their money from the general fund.. Councilman Sanford-But then when you get your grand total of fifteen, my question is then are you double counting Supervisor Stec-Yes. Councilman Sanford-Why would you do that? Supervisor Stec-Because there are two appropriations, an appropriation, this is just a summary sheet, but if you are asking how did the math work, and again this has been this way for at least eight years. There is an appropriation out of the general fund, that shows as an appropriation, then there is a matching, lets, we are buying a tandem in the highway Councilman Boor-..sure if it is matching but I don’t understand why you are adding it twice to get your fifteen million? Supervisor Stec-Lets put it this way, it has been that way, to look at it in comparison the math has been the same from year to year, so Councilman Boor-I do not care about the year to year I am trying to understand this column here. Supervisor Stec-It is not different from years past it counts it twice, the appropriations shows up twice. Councilman Boor-All right. Councilman Sanford-Ok. Supervisor Stec-So, that is that summary sheet and I apologize because I know that probably two or three people in the audience from the audience but again there are packets of the hand out there. I will open the public hearing, I am not sure if anyone wants to refer to this, I can either stay here or go back there. Why don’t I go ahead and open the public hearing if there is anybody in the audience that would like to ask any questions or make any comments about the towns 2008 budget I will just ask you again, as before in all of our public hearings, raise your hand I will call you one at a time, Mr. Salvador, again if you would come to the microphone and state your name and address for the record and we will address your questions. I think I might know what your question might be but I will let you ask it. 7:25 P.M. Mr. John Salvador-Good evening I am a resident of North Queensbury at 37 Alexy Lane I am here tonight as not only a resident of the Town but I am a voter and taxpayer in the Crandall Public Library District. I have a few general comments on the Town Budget 82 TOWN BOARD MEETING 11-05-2007 MTG. #47 before addressing the serious omission of the Crandall Public Library District Budget from this preliminary budget. Because of this omission this preliminary budget is deemed to be incomplete. Supervisor Stec-Now John, just let me interrupt you for a second because I might save us all and there are a lot here tonight, a lot of time. Two weeks ago you came to the Town workshop and you asked me if I would be willing and I said I would, and I have, write a letter to the State Comptroller Office asking the question that you are about to tell us what the answer is according to you. I have done that, I can also tell you that my experience, Barbara’s experience the Attorney’s experience, the last three Attorney’s experience, Jennifer Switzer’s experience, everybody’s experience with the State Comptroller’s Office it will take many weeks to get an answer from their legal department on this question. The question has been asked as you asked me to and I agreed to although the Town has been doing it the same way for fifteen years, three separate Town Counsel’s have all opined the same understanding which differs from what you are going to advocate tonight and what I will say to you is that we are going to continue with the budget process the same way we have done the last fifteen years. If we find out in the next several weeks that the Town has been wrong the last fifteen years then we will do it the way the State Comptroller’s Office opines that we should. So, I did seek that I have not gotten an answer yet and we will not have that answer before we adopt the budget. Mr. Salvador-I do want to get my comments on the record. Supervisor Stec-I understand that, I appreciate that. Go ahead. Mr. Salvador-This budget as it is presented and I hate to pick on this subject but, it looks like the taxpayer is subsidizing the operations of the Cemetery Commission, to the tune of a hundred and fifty eight thousand dollars this year alone. Now, there are two income activities that they undertake during the year, one is the sale of cemetery plots, and the other is the services of the crematorium. Now, not all taxpayers in the Town of Queensbury avail themselves to the services of the cemetery, cemetery commission. Supervisor Stec-I would like to personally delay that, as long as possible, in using those services. Mr. Salvador- I agree. Supervisor Stec-Just so you know that has been that way for awhile as well and I cannot remember if you made a similar comment. Mr. Salvador-It has been and I do not see any reason why the taxpayer should subsidize this, they should raise their rates. Supervisor Stec-And we have a few years ago we did. Believe me I would like to eliminate that subsidy to and the Comptrollers Office has done numerous audits of our books they are aware that we are subsidizing the cemetery and we used to subsidize, as a matter of fact there are two that we used to get criticized on we were subsidizing the cemetery and we were subsidizing the landfill, solid waste and we did raise the rates at the landfill and that did not go un-noticed by the way but and actually the landfill now is back in the black so it is not being subsidizing by the general fund as it had been for several years. So, we are making progress so your point is a very good one. Councilman Boor-The other thing John, is it is a good point but there is the aspect of you don’t want to price yourself out of the market so to speak. Other people can do cremations and people can be buried elsewhere and if you raise your rates to the point where it is not competitive so to speak you may actually, it may cost you more if fewer people are buried and cremated at these town owned, operated, maintained facilities, they still have to be maintained, the grass still has to be cut, you still have to have the apparatus to do a burial, so there is this fine line of where is the marginal utility of it. You are right we shouldn’t be subsidizing it, but. 83 TOWN BOARD MEETING 11-05-2007 MTG. #47 Mr. Salvador-The other alarming fact is that we went to pay for service in the EMS with the anticipation that it was going to lower our taxes. Supervisor Stec-It has. Mr. Salvador-I see over here, rate of change in the last column, it was on the screen thirty point one percent increase. Supervisor Stec-Over last year but it is still seventeen cents it was like forty cents a few years ago. It is now less than half of that. There was a graph in the presentation the amount to be raised by taxes is lower than it was several years ago because of the bill for service. Mr. Salvador-But from last year to this year it has gone up thirty percent that is not an insignificant number. What is the trend? Supervisor Stec-That is predominately the new EMS building their debt that they are going to have next year. It went up four cents a thousand. Mr. Salvador-Is there any consideration being given to privatizing this operation? That was one of the alternatives that we talked about when we went for the pay for service, was privatizing. Councilman Sanford-One of the phenomena you run into when you get an extra revenue source like billing insurance companies which incidentally isn’t free to the community because the insurance premiums go up when they have to pay for ambulance costs. But, then there tends to be a behavior that follows which is now that we have the revenue we can spend more of it on more ambulances, bigger buildings, and things of this nature and I think that is what you are seeing here by billing it out as opposed to having it totally financed through tax dollars has created a behavioral pattern of now that we have all this extra revenue we ought to be able to spend more on the three EMS Squads, if that is your point I share it. Supervisor Stec-There is risk there. Councilman Boor-We all do. Councilman Brewer-There is in part that building was in process for many years before we started billing for service, so that is not a first … Councilman Sanford-That is not just the building either. Councilman Brewer-I understand that. Supervisor Stec-That is a fair point, John. I think we all share your concern there. Mr. Salvador-I would think that the time we are studying the Fire Districts we should study the EMS as well. It is every bit a part, it is the same general subject we have got to take a more realistic approach of what we are doing. These things are running away on us, this year it is the Fire next year it is the EMS. Ok. Back to the library. I have reviewed the Town Supervisor’s preliminary budget and in particular that section title 2008 preliminary budget summary and tax rate estimates. This section includes a schedule of appropriations and a schedule of estimated revenues. As a schedule of appropriations this budget when approved by this board becomes the instrument whereby funds are allowed to be paid out of the treasury, this is in keeping with the New York State Constitution, Article 7, Section 7 “No money shall every be paid out of the State Treasury or any of its funds or any of the funds under its management except in pursuance of an appropriation by law. The moneys of this Town are under the management of the State. This is why the Town a political subdivision of the State and a Public Corporation must report to the State in the form of a year end financial statement and is subject to a periodic auditing by the State Comptrollers Office. These are not the only reports and audits required by the State. There can be no argument that the monies 84 TOWN BOARD MEETING 11-05-2007 MTG. #47 of this town come from its powers to levy taxes and fees of one sort or another. Both the authority to raise the revenue proposed in this budget and to expend the budgeted amounts shown here flow from the approval by this Board of this preliminary budget. Upon approval it becomes the towns final budget and gives the Supervisor the power to demand that the respective taxes be paid by the issuance of a tax warrant to the County Treasurer each year.” With that as a foundation preliminary budget is incomplete in that monies for the Crandall Public Library District appropriation have not been included as that of a Special Taxing District which it is. The Crandall Public Library’s enabling act Chapter 456 of the laws of 1992 address the issue of financing, the continuing operations of the library by institutionalizing a guaranteed funding mechanism. Section 5 of the Act at Paragraph D titled finances, reads in relevant part. The Town Board of Moreau, and Queensbury and the City Council of the City of Glens Falls shall each levy a local assessment upon the real property lying within the boundaries of their municipalities for their share of the total public library district expenditures to be raised by an advelorum assessment in accordance with the provisions hereof. The provisions hereof being the formula. There is also a necessary implication that the library budget was anticipated to be identified as a special taxing district in the Town Budget, Chapter 456 Section 5 at paragraph reads; the Town Board shall annually file, excuse me, the Board meaning the Library Board, shall annually file with the Clerk of each of the municipalities and estimate of the proposed budget, including costs of library services to be raised by levy for the public library district in the fiscal year beginning on the succeeding first day of January. The municipality shall not make any change in the estimate of revenues or expenditures submitted by the Board in preparation of its preliminary budget. In addition, bond holders have been told the Supervisor is responsible for all financial and budgetary transaction of the Town. The duties included administration, direction and controlling the following divisions, accounting, purchasing, accounts payable, accounts receivable, audit and control, budgeting and payroll personnel etc., as specified in Town Law. With regard to budgetary procedures the Supervisor prepares a tentative budget, each year and files the tentative budget with the Town Clerk. The Town Clerk submits the tentative budget to the Town Board by October 5 for possible amendments. The Town Board then holds a public hearing thereon. Subsequent to public hearing revisions are made to the budget etc, etc. by the Town Board as its final budget for the coming year. The budget is not subject to referendum. That is your budget. Also, mentioned in the bond disclosure statement while the town is aware of the potential negative impact on its budget, and will take the appropriate steps to budget accordingly for the increase there can be no assurance that its financial position will not be negatively impacted. There can be no negative or positive impact to your budget if its not shown is my point. The bond offering statement lists annual debt service requirements for the year 2008, at one million ten thousand dollars plus. This is part of a thirty year schedule of payments which total twenty four million seven hundred and twenty three thousand plus dollars. This one million dollar plus first year debt service payment has two components, principal and interest. The library Board has shown only seven hundred and eighty eight thousand dollars debt service due in 2008, because of interest earned they say on unexpended construction funds. The difference being two hundred and twenty one thousand six hundred and eighty one dollars. Is the library saying that the two hundred and twenty one thousand six hundred and eighty one dollars will never have to be paid? If not, when do we pay it? It is an obligation, it says so in the bond disclosure statement. In any case, if you were to put a line in there for the library budget and you were to show their figures that they have we would be, that last column would show a fifty seven point five percent increase from last year to this year, fifty seven point five. Now we all read the newspapers and we read about this three point nine three percent budget increase. What is not apparent to the voter is that the total library budget may increase three point nine three percent without the debt service, without the debt service, but the taxes that you have to show in the budget are actually going up eight point nine percent. The reason for this is there is a shift in the burden that is being carried by the taxpayers vis-a-vis what the library is able to get from their grants and trusts. Councilman Sanford-Actually that is not totally correct, it is because Queensbury has a disorientate obligation vis-a-vis Glens Falls and Moreau and that is why the three point nine is in an aggravated collective sense for all three municipalities. But, Queensbury’s particular share is greater than that of some of the other municipalities. 85 TOWN BOARD MEETING 11-05-2007 MTG. #47 Councilman Boor-It is over 50% of the total. Mr. Salvador-That is true, but all of them, all of the budgets are going up eight point nine percent. All three municipalities budgets although ours is the greater share I agree. Councilman Sanford-I did not see that when I reviewed the budget, I am not sure you are accurate either, John. Mr. Salvador-Now, if they really put the one million ten in their budget as I believe they are supposed to, it would be seventy one point two percent increase this year. We have this dispute going on about what the Town Clerk did with regard to advising the election board. Supervisor Stec-It is in litigation. Mr. Salvador-Ok, it is being litigated. Supervisor Stec-Correct. Mr. Salvador-What people fail to see and realize is that it is the clerk of the library district that has the authority to put the ballot proposition before the election board. You have to read the election law carefully, it is the clerk of the district. Now, who is the clerk of the library district? Supervisor Stec-I think that is part of the subject of litigation, right John? Mr. Salvador-Well, I think it has an easy solution if you had this budget in your town budget then your Town Clerk becomes the clerk of this district. Supervisor Stec-And again John, not to interrupt except we do have other items and other people that want to speak I am not trying to cut you off too much but I am trying to keep you focused, that I led with, you asked me two weeks ago, Dan, will you ask this question, I said John we have been doing it the other way for fifteen years, three different attorneys, three different comptrollers, but yes I will ask that question and you have got it on record the question has been asked we are not going to have an answer to night. No, harm in doing number sixteen the same as the other fifteen and if we get an answer January, February of next year saying John was right and the Town has been wrong then guess what the 2009 budget will be done differently. Mr. Salvador-You will amend the 2008. Supervisor Stec-And could possibly, sure, that is very quite possible. Mr. Salvador-And maybe we will get a quicker answer from the Court then we will from the Comptroller. Supervisor Stec-You will and that is possible. Thank you, John. Is there anyone else that would like to address this public hearing on the 2008 budget? Yes, Sir. Mr. Dave Klein-Hi, I am Dave Klein I am a property and business owner in Queensbury. I have got a few questions, I see for Town Counsel you have got one hundred and fifty five thousand three hundred and thirty six dollars. I read that they have a contract for two hundred thousand dollars. Supervisor Stec-That is this years contact. I am going to, and Dave let me interrupt you there. I know that in our budget there isn’t a single location where all the legal budget for 2008 exists, so I am not sure exactly where you pulled the one fifty from. Mr. Klein-May be I am missing at something. 86 TOWN BOARD MEETING 11-05-2007 MTG. #47 Supervisor Stec-Let me summarize, whatever was this past year I cannot remember exactly what the grand total that we settled on for next year, I think it was two twenty five isn’t that where we landed? We budgeted a total in the town for Mr. Klein-So you have other monies in there… Councilman Sanford-You are going to find that I think in terms of the budget the legal expenditures are not treated as a singular line item but are included in various departments that kind of thing, so you would to do, add them together to come up with a number. Supervisor Stec-I think that is the number the total that we landed on for again to a law firm which we may or may not have a law firm, but to other than our legal services for exterior is two hundred and twenty five thousand is what we budgeted which is similar to what we were this year maybe a little higher. Mr. Klein-Thank you for the clarification. Supervisor Stec-You are welcome. Mr. Klein-I noticed also under employee benefits you have close to one point six million dollars with three point three million dollars worth of payroll. That is close to fifty percent. Councilman Sanford-Again, those numbers are probably not isolated, I know for a fact on health insurance alone we are paying over two point one million and so again I think what you are finding is depending upon whether you are looking at the general fund or if you are looking at another unique fund you may see the employee benefits again listed in multiple places and unfortunately a good cross reference budget maybe appropriated in the future where we consolidate and give a specific line items independent of department. I think that is what is misleading. Mr. Klein-I understand that we may be other employee benefits in other departments but right here Supervisor Stec-That sheet from here I can tell that is the general fund. Mr. Klein-That’s the general fund. Supervisor Stec-Correct. Mr. Klein-In the general fund you have three point three million dollars worth of payroll and then you have another one point six million dollars in benefits. So, one point six million dollars of benefits based on three point three million dollars Councilman Sanford-Is a credibly low factor, we are actually and again we are going to be audited, we received, I announced it at the last meeting, we received New York State Comptrollers Office letter for auditing our health insurance to see, they want to explore ways to see if we are over paying or if we have good value I guess, good value is a better way of putting it. Mr. Klein-I come from the private sector and fifty percent mark up in benefits is extremely high. When we work for municipalities the State we get audited and we can’t charge that kind of markup. Councilman Boor-And we may not be able to either. Supervisor Stec-Good point. Mr. Klein-Finally leading into something I want to comment on later, you take your Fire Marshall, your Building Codes, your Zoning and your Planning Department you add back in the benefits I come up with a one point one five million dollar cost in your budget for 87 TOWN BOARD MEETING 11-05-2007 MTG. #47 Building Codes, Zoning, Planning and Fire Marshal. I do not think any other Town in Warren or Washington County spends that kind of money. Supervisor Stec-I know they don’t, there is not another twenty six thousand person Town, but it is a good point. Mr. Klein-The City of Glens Falls get by with one person and an aid basically and they have a very diverse situations too. I suspect nobody in Saratoga County pays that kind of money. Supervisor Stec-Thank you Mr. Klein Mr. Klein-Thank you. Supervisor Stec-Anyone else like to comment on the budget this evening? Yes, Mrs. Monahan. Mrs. Betty Monahan-Dan, one of my concerns is that we are not using enough of our resources to up keep what I call the plant. In other words all the town property the buildings in and out and I am concerned about this because I remember after Mike Brandt first term in office we had that some problem it took Fran Walter and the Board years to put the buildings back in condition. So, and this is not said in any criticism of Chuck Rice and his Department, it is that I do not think we are putting enough town resources for him to use. I would also suggest that you do what the Farm and Garden has done for the National Arboretum in Washington which is hire an intern from a horticultural landscape college, it could be like Cornell and so on and so forth, during their vacation to do some of the outside I see things with my limited knowledge that is not best management practices for the life of the trees, the shrubs and so on and so forth. There is no way that you could expect the people that we have on staff to know those best management practices. So, I hope the Town will entertain that Supervisor Stec-Good investment. Mrs. Monahan-We need, we know that Hovey Pond would need an arborist for years and years and years you need it out here. I do not see in the income any estimate of the bed tax that the town will be receiving. Supervisor Stec-There is I will let Barbara try to find it while Mrs. Monahan-I looked and I could not find the line ahead of time. Supervisor Stec-Its, you mean the revenue, the estimated revenue, Mrs. Manahan-Barbara what page and under what? Supervisor Stec-Ninety. We budgeted an estimated revenue of ninety thousand that sound right. Mrs. Monahan-I also did not see any estimate of how the town is going to support non profit. Supervisor Stec-That is actually, Councilman Boor-That is part of the non profit, some of it is, some non profit monies go to it and some comes out of the general. Mrs. Monahan-I couldn’t find a line so I could figure out how much we are going to roughly support them. Is there a place in this budget resume that I could find, but that figure together? 88 TOWN BOARD MEETING 11-05-2007 MTG. #47 Supervisor Stec-Barbara can find that for you and we can provide that to you. It is in the detail of, it is in the supporting documentation. What you are asking for that level of detail is in the supporting documentation. Mrs. Monahan-I don’t know if this is a matter of Town Law or what but I know budgets before always gave a proposed salaries of elected officials. Supervisor Stec-It is in the resolution that you got there. I can tell you that with the exception of the Highway the Town Highway Superintendent that its across the board for all the other elected officials of three percent increase three point zero. The Highway Superintendent while his personal salary from when he was a Deputy Highway Superintendent is higher than three percent. The actual budgeted item for next year is actually a little lower I think Rick’s salary this year was initially budgeted in the sixty six thousand dollar range next year the new Highway Superintendent will be making an even sixty three. So his went down the other three, the Town Supervisor, Clerk, Council people and Justices all went up three percent that is part of the resolution. Mrs. Monahan-Dan, I would just like to go into a little bit of history because John mentioned the cemetery fund. When that land was purchased where the cemetery is the Town broke off some of that land and made some money on it that is where the shopping center came from the money was used for the original Town Office Building and unless it is changed I believe a portion of the sale of every lot comes back to the Town to go back into the general fund I think it is about a third. Supervisor Stec-Yes. Mrs. Monahan-And those things do not show up the benefits that what was originally intended for cemetery land has given to the town and also it doesn’t really show so they would be aware of it, that part of the sale of these lots does come back and go into the general fund. So the cemetery isn’t really running at the deficit that it seems to be running at. Supervisor Stec-I see your point. Thank you Betty. Is there anyone else, yes Mr. Dwyer. Mr. John Dwyer-Just a quick question, I am looking at, I am John Dwyer, Community Services, your line item it shows eighty five thousand dollars and over last year it is about a twenty one thousand dollar increase so I was curious to see what is considered community service item. Supervisor Stec-It is a hodge podge of things including the Seniors and Mr. Dwyer-Seniors are separate. Supervisor Stec-There is, do you have the schedule? Fiscal Manager Barbara Tierney-Community Services encompasses also the non occupancy tax Supervisor Stec-Non profits. Fiscal Manager Tierney-Non profit organizations. Councilman Brewer-Hyde, Chapman Supervisor Stec-The Hyde is occupancy tax but the other ones, do you have that? Fiscal Manager Tierney-I did have that and then I … Councilman Brewer-Sunnyside, Glen Lake Supervisor Stec-Right, there is a ..of several of those types of community organization, the Glen Lake Protective Association, Sunnyside 89 TOWN BOARD MEETING 11-05-2007 MTG. #47 Mr. Dwyer-They are basically not for profit organizations? Supervisor Stec-Well, I have used that phrase before and had people call me on it, and say that is not, those external entities that are not for project in nature, organizations like that. But not necessarily Councilman Boor-Not necessarily a 501C3 but there are certainly organizations that are not for profit. Supervisor Stec-Community organizations. Mr. Dwyer-Such a big increase percentage wise, twenty one thousand bucks. Supervisor Stec-Just for clarification actually not only those but on the entire budget just a spending plan, there will be contracts that will be required before we can appropriate out of the budget any of those things that would spell out the relationship with these non profits that you are asking about. Mr. Dwyer-I just like to say one other thing, in support of what Betty said, Chuck Rice’s Department does a great job but I can tell you from my exposure to at least the other building there is a natural deterioration going on that we are not addressing and maintaining. In other words the wiring is getting old the lighting is getting old these are cracks in different things and those things, preventive maintenance would save us a lot of money in the future. So, that is just a comment. Supervisor Stec-Thank you, John Mr. Dwyer-Thank you. Supervisor Stec-Anybody else would like to comment? Mr. Tucker Mr. Pliney Tucker-41 Division Road, Queensbury My question is to do with the Fire Protection, you have increased a little over two thousand dollars over last year. Supervisor Stec-The budget. Mr. Tucker-My question is, I have been hearing rumors about one department wants to go to a paid department, two other departments want to purchase ladder trucks, ok, is any of that included in this budget? Supervisor Stec-The Town Board, Councilman Boor-No. Supervisor Stec-The short answer is no, was it factored in or were we aware of some of those rumors, yes Councilman Boor-It is not in the budget. Supervisor Stec-Did we say lets put money in there for a ladder truck or for paid fire department, no we didn’t. Between the rumor and it happening is the Town Board and our service contract with these organizations and so we obviously talked about that and so we are aware of some of the requests and we got their budget requests and we worked off of those and off our own knowledge and off our own thresholds for what we think is acceptable or reasonable to arrive at the budget that we did. Mr. Tucker-I got just one more question. I know there will be talk about it, but this stuff is not in the budget at all, after the first of the year and everything is settled down Supervisor Stec-It would be really hard to do it if we did not put money in the budget. After the first of the year … 90 TOWN BOARD MEETING 11-05-2007 MTG. #47 Mr. Tucker- I guess I have got to say I have seen the fire companies come in here hat in hand and you find the money somewhere. Supervisor Stec-Well, we cannot find it from anywhere if we, we can’t spend it if we don’t have it, if we do not raise it in taxes. So, I think for myself that is kind of how I look at it. That fund balance is only so big and it certainly isn’t big enough to support the kind of spending that your asking. Mr. Tucker-So, everything is just talk and Supervisor Stec-Well, I mean we are going to have negotiations and you know not everyone is going to get what they asked for. Mr. Tucker-What I mean is about paid fire companies. Councilman Boor-Pliney, I mean, there is excess funds in fire and I suppose technically you could mid year or three quarters of the way through the year you could come up with a down payment for a truck in 2009 maybe. But, first of all the lead time on something like an aerial is extremely long it is not like you just go out and buy one. So, it is no, it is not in the budget for anything like that. Councilman Sanford-Pliney you are making fair point in that the preliminary request from collectively, from the fire companies our budget number is lower than what those requests are and that will be flushed out through the negotiation process. Supervisor Stec-Correct. Mr. Pliney-I know we have got to grow but Supervisor Stec-Somebody made the point earlier it may have been John Salvador, but somebody made the point earlier that you know, as the revenue comes in and people start, if you got it or if you raise it, it is easy to spend. In fact that was kind of my argument for or five years ago when I first started pushing the idea of the rebate, part of it, not the only argument but part of the argument was, if you got ten million dollars sitting in the bank account it is a lot harder to tell somebody no when they say we want to build this or we want to buy that if you know if you say hey we just don’t have it you know, the more money you have sitting around the easier it is to spend or the harder it is to justify no, so that is why we tried to start paring it down. Obviously there is a sweet spot we do not want to get too low either. There will always be an endless debate how much is too much or how much isn’t enough but that’s, I think what we are all saying is, is that we are aware of what the request are, I do not think we are comfortable with funding at those levels. So, a good way to make sure that we do not do it at least in the next twelve month cycle is to make sure that we do not go over budget. That is what we have tried to do, we want to have a budget that we can have the flexibility that we need to have without having a budget that’s so high that we get the argument, why are you holding the money from us, give us, so that’s the balancing act that I think. Again, I think we did a fair job in all areas of the budget but the one that gets a lot of attention is Fire and EMS and I am not sure it is really fair to the Fire and EMS crowd, they are certainly not the only, we have town departments that have similar changes, they are easier to control because they work for us. We do not have to negotiate we can kind of mandate but similar kind of pressure. Councilman Sanford-Pliney, what we did with the Fire and EMS Squad is our new financial manager took the concepts that I had been using for the last two years in terms of working off audited financial statements and adjusting them on a cash flow basis and then coming up with an operational need that made logical sense on a trend basis and then what we will do we will use that as the point of departure in discussion with the Fire Companies their requested budgets. The only real differential that comes into play is non debt finances capital acquisitions. In the absence of those I think what this Board hopefully will be prepared to do is to ask for a very strict justification on why that methodology should be deviated from. I think with that in mind the numbers that were put into the budget seem to appear to be reasonable, is that a fair statement? 91 TOWN BOARD MEETING 11-05-2007 MTG. #47 Supervisor Stec-Yes. Councilman Sanford-We have not had the discussions yet. But, in some cases there is a big spread. Supervisor Stec-And actually to add to that, in some cases the spread I think we are all presently surprised wasn’t as great, and we have done this cycle the same as we have done the last few years in fact we have been criticized occasionally by some of the fire companies how could you pass our budget without having negotiated our contract? Well, as an aside these one year contracts and I think I speak for all five of us they are a pain in the neck we would rather have a two or three year contract. There is a lot of reasons why we don’t have that and then in which case it would be more predictable from year to year but the thing is like I said it’s a lot easier to say look we know what your debt is we know what you have to have for operations anything above that is extra and so we pass a budget that covers what we know are the minimal obligations are and enough room so that we have some negotiating room but not so much where we say yea take it all, whatever you want. That is what we tried to do in this budget as in previous budgets. Mr. Tucker-And you still have got to negotiate with the Squads and the Fire Companies? Supervisor Stec-Yes But we know what their requests are and we have budgeted, so I mean, we have done it this way for several years and it seems to be working reasonably well. Well, it depends on who you ask, some would say you know you could do a better job, but I mean lets put it this way it could be a lot worse. Mr. Tucker-Thank you. Supervisor Stec-Thank you Mr. Tucker. Anyone else on the budget tonight? All right, before I close the public hearing like I said before there were two minor changes that the Board after we set the public hearing and we were allowed to do this, make a modification after we have wrapped up the public hearing but before I do so I will tell you what they are just in case there is anyone that really wants to comment on them. There is an increase in appropriations 001-6410-4 publicity/use of occupancy tax a ten thousand dollar increase which raised that line from fifty three thousand and seventy dollars to sixty three thousand and seventy dollars and the other line in the budget that outside the preliminary budget that we would amend is increase appropriations 001-8989- 4 community services by fifty nine thousand three hundred and seventy dollars or from eighty five thousand six thirty to an even one hundred and forty five thousand dollars. The result of these two things is the non profit schedules that we talked about at our last workshop predominately but not only the biggest chunks were Lake Sunnyside and Glen Lake Protective Association some of their needs, but there were some other things like the North Queensbury Library and there are a couple of others. Barbara has the detail and that is all referenced in the resolution. So, I wanted it before I close the public hearing is there any other comments? Mr. Salvador Mr. John Salvador-With regard to the occupancy tax when the County instituted the occupancy tax the primary purpose of the occupancy tax was to fund advertising to bring more tourists to the area. Supervisor Stec-Promotion. Mr. Salvador-What are you doing with your share of the occupancy tax money to bring more tourist to this area, in the form of some kind of advertising? Supervisor Stec-Well, the general distribution this year proposed for 08’ is similar to the last couple of years that we have had with the bed tax, state with that and all of these require a contract agreement between the Town and the entity, an example one of the larger ones is the Hyde, the Hyde Collection. We historically we had been giving them before the occupancy tax ten thousand dollars from the general fund. Now, we are giving them ten thousand dollars from occupancy tax their contract states that they have to use it for promotional kind of uses to bring people to Hyde in the area and so that and as far as 92 TOWN BOARD MEETING 11-05-2007 MTG. #47 the mix in the flavor of similar ones, of what we are doing next year more or less identical to what we have done in 2006 and 2007 and Barbara probably has got a list if you are curious. But, the Hyde the Chapman, are two of the big ones, Soap Box Derby is one that is near and dear to the heart. Those sorts of things and in the contract they are to use that for printing material, promotional items that sort of thing. Mr. Salvador-People that come to the Hyde and to the Chapman Museum are not tourist. Councilman Boor-That is not necessarily so. Councilman Brewer-Not all, but there are some. Mr. Salvador-Please, I have been in the tourism industry for thirty years and I can not ever remember having people Councilman Boor-People that go to the Great Escape aren’t all tourist either John, I can Mr. Salvador-There not? Councilman Boor-No. I cannot think of one thing in this Town that is only tourist driven. Councilman Sanford-John, first of all the definition of how the tourist dollars are to be used is vague to flexible to some extent, but I think the problem that I have had with it is we do not that a disciplined approach or any criteria in place for how we take the pool of money and ration it out in a way that is fair to all those that may line up as receiptants. Instead what we have been doing is just using the prior year as the point of departure with the presumption being well gave this last year we gave the seven thousand last year so I suggest that we give them seven thousand this year. What I feel we need to do is to do the types of things that you are doing is to define what constitutes an eligible expenditure and then to put the criteria into place so that we can measure the receiptants vis-a-vis each other and we have not done it. Supervisor Stec-To add to that, to add what Richard just said, and maybe make you feel a little bit better and maybe not, again in the budget we had a workup as to how much we budgeted the Hyde, the Chapman, but the actual lines in the budget themselves are much larger chunks. So, what I am saying is that, it is not so inflexible that we could not have that debate or discussion in the future and say do we want to just giving ten thousand to the Hyde you know we have not just crossed the bridge where we have passed the resolution to authorize the contract yet, we have got it ear marked for how we want to use it next year but it certainly isn’t set in stone. So, to say, can we change it or can you sway our opinions to do something differently or can we institute a different process that tightens it up as Rich is referring to, yes absolutely. So, rest a little easy there. Mr. Salvador-All you have done is shift monies that you were directing to these organizations from your general fund you shifted it to the occupancy tax, that is all you have done. Councilman Brewer-Not all of it some of it. Councilman Sanford-In part that is correct. Supervisor Stec-It is a ninety thousand dollar revenue stream that we didn’t have before that right or wrong is a separate debate, historically was paid from the general fund at least ninety thousand of it won’t be paid from the general fund anymore it is paid from occupancy tax people can debt is that the right way to use occupancy, that is a separate matter, but this is a different outside revenue source. Councilman Sanford-Some other debates, John, I mean again this is very complicated issue, is of the people who are lining up looking for some of this money you have both not for profits that serve very valuable important role within our community and then you have for profit business and then you run into the issues of well, corporate charity and does it make sense to be giving to a for profit model business and how about the other for 93 TOWN BOARD MEETING 11-05-2007 MTG. #47 profit businesses. You know we wrestle with this and we have done virtually nothing in addressing these philosophical issues. Councilman Strough-Well here is exactly what our contract says with Warren County, the funds paid to the municipality pursuant to the terms hereof shall be allocated for only for tourism promotion and tourist and convention development more specifically the funds shall be used to enhance the general economy of the municipality through the promotion of tourist activities, conventions, trade shows special events and other directly related and supporting activities. Mr. Salvador-No museums. I would be the last person to subscribe to corporate welfare, ok but there is nothing wrong with you taking that ninety thousand dollars and entering into a contract, a contract with some organization that delivers services to promote more people coming into this area. That is the idea.. Councilman Sanford-You know when the people from this area pack up the kids and go to New York City they are going to the American Museum of Natural History, they are going to the Met. Councilman Boor-The Guggenheim Councilman Sanford-They are going to a play they are going to, New York is a tourist attraction because of those things that you just said aren’t worthy of support. I cannot help but disagree with you on that. Mr. Salvador-But, we derive these monies from occupancy of a lodging facility if the people just come and go in a day they do not stay here over night they are not generating an occupancy tax, a tourist is someone transient who resides here for a period Councilman Sanford-And you are drawing a correlation that the money needs to be spent on activities that will further generate additional tax dollars. I am not even sure that is even suggested in that document. Councilman Boor-It does not say that in the document, John. Mr. Salvador-It is a necessary implication. Supervisor Stec-Thank you Mr. Salvador. Is there anyone else that would like to comment on the budget? I will close the public hearing and entertain a motion. Again on behalf of myself and the whole Town Board an extreme amount of thanks specifically Barbara Tierney, for her first cut at our budget with us she did a fantastic job and I want to recognize her, a lot of Town Department Heads in the audience tonight we asked them to come just in case there was something crazy that came up a level of detail even Barbara and I and the Board were not prepared for. They all came out and Chuck Rice got an ear full tonight and I can tell you, hopefully that Chuck would not say that we are saying no to providing him the resources but certainly tomorrow Chuck if you think that, that is the case don’t be shy corner me because we are not trying to do that to you. But, we have our IT guy here we got water, wastewater, cemetery, highway our new assessor as I pointed out before so I want to thank them all for coming, they do a great job, year end and year out trying to keep the budget down and they have been really wonderful to work with in past budget cycles and this one as well. I want to thank our staff for doing that and as soon as we pass this budget I think about a third of the room will get up and leave and those are our department heads. Any other discussion, hearing none, vote taken. RESOLUTION ADOPTING ANNUAL TOWN BUDGET FOR 2008 RESOLUTION NO.: 469, 2007 94 TOWN BOARD MEETING 11-05-2007 MTG. #47 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board conducted a public hearing on th November 5, 2007 concerning the proposed 2008 Preliminary Budget and all interested persons were heard, and WHEREAS, the proposed 2008 Preliminary Budget sets forth the proposed 2008 salaries of the Town’s Elected Officials as required by New York State Town Law §27, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the 2008 salaries for the Town of Queensbury Elected Officials shall be as follows: TOWN SUPERVISOR $65,001. TOWN COUNCILPERSON (4) $16,794. TOWN CLERK $62,326. TOWN HIGHWAY SUPERINTENDENT $63,000. TOWN JUSTICES (2) $40,306. and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts the 2008 Preliminary Budget presented at this meeting as the Town of Queensbury Annual Budget for 2008 with the following modifications: ? Increase appropriation 001-6410-4 – Publicity/Use of Occupancy Tax by $10,000.00 (From $53,070.00 to $$63,070.00); and ? Increase appropriation 001-8989-4 – Community Services by $59,370.00 (From $85,630.00 to $145,000.00) and BE IT FURTHER, 95 TOWN BOARD MEETING 11-05-2007 MTG. #47 RESOLVED, that the Town Board further authorizes and directs the Town Clerk to enter the Adopted Annual Budget in the minutes of the Town Board proceedings, and BE IT FURTHER, RESOLVED, that a copy of the adopted Annual Budget for 2008 is attached and made part of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby states its support of non-profit and other community organizations by providing funding as outlined in the Schedule of Contributions which is contained in the supporting documentation to the 2008 Adopted Budget, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to prepare and certify duplicate copies of the Adopted Annual Budget and deliver one copy to the Queensbury Town Supervisor so that he may present it to the Warren County Board of Supervisors. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Supervisor Stec-Again, thank you all, I think it is a good budget less is always more when it comes to budgets but I think we have been doing a pretty good job and I think this year is another example. 2.0BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 470, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. th Duly adopted this 5 day of November, 2007 by the following vote: 96 TOWN BOARD MEETING 11-05-2007 MTG. #47 AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF RICHARD AND KAREN MASSER RESOLUTION NO.: 26, 2007 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Richard and Karen Masser have applied to the Local Board of Health § for a variance from Chapter 136, 136-11, which requires applicants to obtain a variance for a holding tank and the applicants wish to install a 3,000 gallon holding tank on property located at 8 Gunn Lane, Cleverdale in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, November 19, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Richard and Karen Masser’s sewage disposal variance application concerning property located at 8 Gunn Lane, Cleverdale in the Town of Queensbury and bearing Tax Map No.: 227.13-2-3 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 5 day of November, 2007, by the following vote: 97 TOWN BOARD MEETING 11-05-2007 MTG. #47 AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 27.2007 BOH INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back into Regular Town Board Meeting. th Duly adopted this 5 day of November, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None REGULAR SESSION 3.0CORRESPONDENCE NONE 4.0INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 5.0PRIVILEGE OF THE FLOOR Mr. David Klein-Property and Business owner at1557 State Route 9 Queensbury License Professional Engineer and served on State Board of Building Code Variance Review for four years Propose of attending this meeting a. object to how I have been treated by the Queensbury Planning and Zoning Dept. b. Suggest significant reductions in the cost of the Building and Code and Enforcement and Planning and Zoning c. give financial background on the Town’s legal firm how they have overspent money in other communities st where I reside 1. voiced objection regarding the Planning and Zoning Dept. it appears it has been politically motivated. Reviewed his history of his purchase of land in Queensbury. Wanted to build an archival building, two months did not receive a call back from the Zoning Administrator, finally I contacted Susan Barden and the process was started. Mr. Brown requested many documents that were un-necessary it is a small storage building, a topographic survey, prepare a storm water report, provide lighting level drawings, all we have is a couple of motion sensors flood lights on the side of the garage. Through the Planning Dept. we were given waivers on all those. We agreed to a silt fence, several months later I was sent a bills for outside engineering services. I couldn’t understand that a department of sixteen to eighteen people had to send a garage out for a review by an outside engineer. I was never given the comments from the outside engineer, I asked for copies, the engineer suggested that we put a silt fence in, to protect the drainage corridor on a property that is north of us uphill from our property. Property location: we have the property north of the Mohican Motel, an office building that was owned by Barton Mines. We also had to apply for a change of sign, it sits back from the highway, noted every sign on that strip of road is next to the road ours is set way back. Early January received form to fill out change the name plate on the sign, we sent it in several months before the move, it did not get acted 98 TOWN BOARD MEETING 11-05-2007 MTG. #47 on for more than a month, eventually got a letter noting the sign is too close to the property line and we had to apply for a variance, noted the sign had been there for thirty years, I filled out a sixteen page document and got copies of maps of the property on both sides of me, took photographs, submitted the forms, paid a hundred dollars and waited two months to get into the Zoning Board. We submitted ahead of time, they put us last on the agenda, noted people in front of us on the agenda submitted their documents after us. The staff comments were I did not have any supportive letters. I went in front of the Board and they were very difficult to say the least. I would suggest that from the Chairman south should be terminated from the Board. One person objected to every application that was before the Board that night. Another made fun of the professionals that were in the audience. I do not know why any professional would want to go in front of those boards. They sent me back to get a survey to find out exactly how far the sign is from the property line. The sign variance says you measure the setback from the center line of the highway not from the property line. I measured from the center line of the highway I was more than adequate. I went through that for no reason what so ever. I believe I am being picked on. Every other town uses the County for Code enforcement, the City has one person on staff, they are justifying their existence and building an empire there it is costing the taxpayers to run that department. People are leaving the area because of red tape and bureaucracy and high taxes. I would like an apology for being sent thorough that variance review board needlessly and I would like my engineer fee back and I would like my variance application fee back. Mr. Michael Dougher-6 Dream Lake Road South – Noted he put in an application for a State Grant funding back in April for a septic system, noted his system is failing. Requested information regarding his application. Supervisor Stec-Noted he was familiar with his situation, noted he understood that Sr. Planner Baker was awaiting for information from you in regard to the grant. Mr. Dougher-Noted he had received a letter on Friday from Mr. Baker on this, stating that the paper work had been sent to the New York State Board etc., noted there was a discrepancy because I am related to Darleen. No one can give me an answer on whether it will be approved or not. Supervisor Stec-Noted approval will have to come through this Board. Councilman Brewer-Reviewed the process of grants, noted this is not in the target area and the Town will have to apply to the State to go outside the district, I do not know if that is the case with your application. Noted he will contact Bob Murray to see what the status of the application is, will contact Mr. Boor when I get an answer and he will get back to you. Mrs. Marilyn VanDyke-Town Historian - I have spoken to you regarding town preservation issues in the Town, I have received a communication from the office of Parks Recreation and Historic Preservation that New York State is now entertaining the development of a new five year historic preservation plan. The difference between the new plan and previous plans is that they are now attempting to incorporate the input from people all over the State on what the critical issues and needs are related to preservation. Noted hearings and public sessions will be conducted, the nearest one to Queensbury will be th December the 12 and Stu Baker and I will be in attendance. Asked for input from the Town Board on preservation in the town. nd Mr. John Salvador-On October 22 workshop meeting I reported I had filed a complaint in Saratoga County Supreme Court Judge Nolan signed a notice to show cause why an order should not be issued restraining the defendant Crandall Public Library to cease and desist in their continuing efforts to place the 2008 Crandall Public Library Budget on the November th 6 ballot because of procedural deficiencies. This has nothing to do with the budget amount and whether or not the construction debt service is a part thereof. The Library administration then took action to remove the budget proposition from the November ballot because of the debt service omission, at the same time proposed a special election for th November 19. Noted they learned that the voting machines would not be made available until thirty days after the general election. The Library sought an order in Court to put the th budget proposal back on the November 6 ballot including the debt service. After the election and regardless of the outcome I do not consider these cases to be mute simply 99 TOWN BOARD MEETING 11-05-2007 MTG. #47 because the library administration actions can re-occur and the dispute re-erupt if the Court does not settle matters at this time. I am not only the plaintiff in the first case I mentioned but I have been named a defendant in the second case. The first thing I am about to do is amend my complaint in order to join the three library district municipalities because the library in answering papers have asserted that my case should be dismiss for failure to join necessary parties. I intend to appeal Judge Nolan’s decision to place the correct budget on the ballot at the late date that he did. The timing of Judge Nolan’s decision has caused at least seven hundred and seventy absentee ballot voters to be disenfranchised. they voted on a ballot without a debt services included and therefore their vote will not be counted. Supervisor Stec-Everything that you are stating now is going to be litigated it is in Court. Mr. Salvador-I plan to FOIL a list of the absentee ballot voters to see if anyone wants to make a case of having been disenfranchised. Noted he called the local Board of Elections and the State Board regarding what to do if you are disenfranchised, they do not seem to have a procedure either but encouraged me to send the State an e-mail. 6.0TOWN BOARD DISCUSSIONS COUNCILMAN BREWER ? I would just wish everybody on the Board good luck and all the others that are in office or aspire to be in office good luck tomorrow COUNCILMAN STROUGH ? Spoke in the monthly newsletter The Queensbury Post-Queensbury Senior Citizens. ? Reviewed conference that Chuck Abbate attended on Planning for the future ? Winter and Spring Program now available from the Parks and Recreation Department thth ? Fall Pickup – Highway Dept. Ward 1,2 Nov. 5-9 Ward 4 Nov. 12-16 Ward 3 Nov. 19-23rd ? November’s Lake George Mirror – Article on Protective Zones on Lake George, noted that the Town of Queensbury is in the process of drafting a Zoning Ordinance which if adopted should be a model for every community in the basin. Ticonderoga has already expressed an interest in adopting the regulations modeled on Queensbury’s draft ? Re: Hazardous Material day, we should check into florescent bulbs disposal to be included ? Spoke on the engineering work being done on the Rush Pond Bike Path- hope to finish by winters end, all DEC permits stay in accord with exactly the way they are, it should not cost the taxpayer any additional monies because of that. Spoke on a California study that indicated that houses close to bicycle paths sell faster than houses that don’t but also sell for more, also the crime rate of the community adjacent to the bike trail goes down, and the general health of the community increases and the cost of health care decreases because of bike trails. COUNCILMAN SANFORD ? Re: Hazardous Material day – How long will it take to set it up? (Councilman Brewer-It is being worked on right now, late spring) ? Received the Meadowbrook Road Watershed and Drainage Study encouraged the Board to read through it and discuss it at our next workshop ? Re: Warrant for bills – noted there is a bill payable to Fitzgerald Morris Baker and Firth, requested that it be reviewed, it is close to the contracted amount and does not want it to go over that contractual amount of two hundred thousand dollars. 100 TOWN BOARD MEETING 11-05-2007 MTG. #47 After discussion it was decided to add to the resolution “Be it Further RESOLVED, that approval of vendor #2066 payment will not exceed the contractual cap for said vendor.” COUNCILMAN BOOR ? Good luck to everybody tomorrow, Tuesday. COUNCILMAN BREWER ? The test wells are in on Michaels Drive and Amy, they will be monitored for the next few weeks we should have some data to let us know what course of action should be taken. SUPERVISOR STEC ? Thanked the Department Heads for their work on the budget ? Thanked Glens Falls National Bank and TV 8 for televising our Town Board Meetings ? Town web site is www.queensbury.net ? Good luck tomorrow election day, I hope we have a very uneventful process as far as the election goes and that all the machines work the way they are suppose to. 7.0RESOLUTIONS RESOLUTION AUTHORIZING CLOSURE OF ROUTE 9 AND GLEN LAKE ROAD TRAFFIC IMPROVEMENTS CAPITAL PROJECT FUND NO: 159 RESOLUTION NO.: 471, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with Resolution No.: 310,2006, the Queensbury Town Board established the Route 9 and Glen Lake Road Traffic Improvements Capital Project Fund #159 in accordance with an Intermunicipal Agreement between the Town and Warren County in connection with roadway infrastructure improvements mandated by the New York State Department of Transportation at the Route 9 Corridor/Glen Lake Road intersection including the installation of a traffic light with the understanding that the Town would pay up to $65,000 and Warren County would pay up to $235,000, and WHEREAS, by Resolution No.: 838 of 2006, the Warren County Board of Supervisors authorized the Warren County Treasurer to close the Glen Lake Road and Route 9 Road Construction Project and return $9,308.81 to the Town as the project is complete, and 101 TOWN BOARD MEETING 11-05-2007 MTG. #47 WHEREAS, the Town Board wishes to therefore close Capital Project Fund #159 and transfer the Fund’s remaining fund balance of $9,308.81 to Capital Reserve Fund No. 64, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Fiscal Manager to close the Route 9 and Glen Lake Road Traffic Improvements Capital Project Fund #159 and transfer the Fund’s remaining balance to Capital Reserve Fund No. 64, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Fiscal Manager to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF MEADOW LANE WATER MAIN REPLACEMENT CAPITAL PROJECT FUND NO: 152 RESOLUTION NO.: 472, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with Resolution No.: 350,2005, the Queensbury Town Board established the Meadow Lane Water Main Replacement Capital Project Fund #152, and 102 TOWN BOARD MEETING 11-05-2007 MTG. #47 WHEREAS, the Town Water Superintendent has advised that the project is complete, and Whereas, the Town’s accounting records show that there is approximately $252,197.88 remaining in Capital Project Fund No. 152, and WHEREAS, the Town Board wishes to close this Capital Project Fund and transfer the Fund’s remaining fund balance to Water Capital Reserve Fund No. 65, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Fiscal Manager to close the Meadow Lane Water Main Replacement Capital Project Fund No.: 152 and transfer the Fund’s remaining balance to Water Capital Reserve Fund No. 65, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Fiscal Manager to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF BAY ROAD WATER MAIN REPLACEMENT CAPITAL PROJECT FUND NO: 147 RESOLUTION NO.: 473, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with Resolution No.: 155,2005, the Queensbury Town Board established the Bay Road Water Main Replacement Capital Project Fund #147, and 103 TOWN BOARD MEETING 11-05-2007 MTG. #47 WHEREAS, the Town Water Superintendent has advised that the project is complete, and Whereas, the Town’s accounting records show that there is approximately $96,632.66 remaining in Capital Project Fund No. 147, and WHEREAS, the Town Board wishes to close this Capital Project Fund and transfer the Fund’s remaining fund balance to Water Capital Reserve Fund No. 65, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Fiscal Manager to close the Bay Road Water Main Replacement Capital Project Fund No.: 147 and transfer the Fund’s remaining balance to Water Capital Reserve Fund No. 65, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Fiscal Manager to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING CHANGE OF ROAD NAME FROM “CORPORATE CIRCLE” TO “HEARTS WAY” RESOLUTION NO.: 474, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 628,2006, the Queensbury Town Board accepted for dedication, Corporate Circle in the Dreps Subdivision, and 104 TOWN BOARD MEETING 11-05-2007 MTG. #47 WHEREAS, the Town Highway Superintendent has advised that he has received a request from John W. Dreps and Noel R. Cerniglia, developers of the Dreps Subdivision (Developers), to change the name of the road from “Corporate Circle” to “Hearts Way,” and WHEREAS, the Highway Superintendent and Town Clerk have advised that the name of “Hearts Way” is not currently in use and therefore they have no objection to such name, and WHEREAS, the Town Board wishes to approve the request for such road name change, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the road name change from “Corporate Circle” to “Hearts Way,” as described in the preambles of this Resolution, contingent upon the Developers arranging for the order, installation of and payment for new street sign(s), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent, Town Clerk and/or Director of Building and Codes Enforcement to notify any necessary parties concerning the road name change for 911 emergency notification purposes and take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before vote: Councilman Strough noted that a sign had been placed listing Connector Road…Supervisor Stec-The Highway Dept. knows about that and the proper road sign will replace the Connector Road sign. RESOLUTION ADDING MARSHVIEW LANE TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 475, 2007 INTRODUCED BY: Mr. John Strough 105 TOWN BOARD MEETING 11-05-2007 MTG. #47 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add “Marshview Lane,” a private roadway located off of Fox Hollow Lane, to the Town’s list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds “Marshview Lane” to the Town of Queensbury’s list of private driveways and roads, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying “Marshview Lane,” and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION CONCERNING STAFFING NEEDS AT TOWN WATER DEPARTMENT TO AUTHORIZE PROMOTION OF TAMARA SCHROEDER FROM SENIOR TYPIST TO PRINCIPAL ACCOUNT CLERK AND PAY INCREASE FOR BILLING SUPERVISOR LAURA KING RESOLUTION NO. 476, 2007 106 TOWN BOARD MEETING 11-05-2007 MTG. #47 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Water Superintendent has met with the Town Board to discuss staffing needs in the Water Department due to the retirement of the former Principal Account Clerk and has recommended that the Town Board authorize the promotion of Tamara Schroeder from Senior Typist to the currently vacant position of Principal Account Clerk and a pay increase for Billing Supervisor Laura King, and WHEREAS, the Town Board concurs with such recommendations and wish to authorize the requested promotion and pay increase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the provisional promotion of Tamara Schroeder from Senior Typist to Principal Account Clerk, at the rate of pay specified in the Town’s CSEA Union Agreement for such position, contingent upon Ms. Schroeder’s successfully passing the Civil Service promotional exam for the position, and BE IT FURTHER, RESOLVED, that in accordance with the Town’s Agreement with CSEA, such promotion shall be subject to a 90 day trial (probationary) period, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a pay increase for Water Department Billing Supervisor Laura King to the amount of $18.73 hourly, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent 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 5 day of November, 2007 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford 107 TOWN BOARD MEETING 11-05-2007 MTG. #47 NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF MARK BENWARE AS MOTOR EQUIPMENT OPERATOR IN HIGHWAY DEPARTMENT RESOLUTION NO. 477, 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 in his Department, and WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and wishes to appoint Mark Benware, a former Temporary Laborer for the Highway Department, to the position, and WHEREAS, by Resolution No.: 260, 2007, the Town Board authorized the appointment of Mr. Benware as a full-time Laborer for the Cemetery Department and the Cemetery Superintendent is willing to release Mr. Benware from his Cemetery Department duties to assume the full-time MEO position in the Highway Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the appointment of Mark Benware to the full-time Union position of Motor Equipment Operator (MEO) in th the Town’s Highway Department effective on or about November 6, 2007, and BE IT FURTHER, RESOLVED, that such appointment shall be contingent upon any applicable Civil Service requirements and an eight (8) month probation period, and BE IT FURTHER, RESOLVED, that Mr. Benware 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 108 TOWN BOARD MEETING 11-05-2007 MTG. #47 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent, Cemetery 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 5 day of November, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING 5K RUN TO BENEFIT CAMP COMFORT RESOLUTION NO. 478, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Adirondack Runners has requested authorization from the Queensbury Town Board to conduct a 5k road race/walk to benefit Camp Comfort as follows: SPONSOR : Adirondack Runners EVENT : 5k Road Race/Walk th DATE : Saturday, December 8, 2007 TIME : 9:00 a.m. PLACE : Beginning and ending at Adirondack Community College (Letter delineating course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Runners to conduct a 5k Road Race/Walk within th the Town of Queensbury to benefit Camp Comfort on Saturday, December 8, 2007, and 109 TOWN BOARD MEETING 11-05-2007 MTG. #47 BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF DREYER BOYAJIAN LLP TO REVIEW LEGAL SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND FITZGERALD MORRIS BAKER FIRTH P.C. RESOLUTION NO.: 479, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 354,2006, the Queensbury Town Board authorized the engagement of legal services of Dreyer Boyajian LLP in connection with issues concerning Ralph Macchio, Stranahan Industries and French Mountain properties, and WHEREAS, by Resolution No.: 593,2006, the Town Board authorized engagement of FitzGerald Morris Baker Firth P.C. as legal counsel for and on behalf of the Town for 2007, and WHEREAS, the Town Board wishes to extend the scope of services of Dreyer Boyajian LLP authorized by Resolution No.: 354,2006, to include Dreyer Boyajian’s legal review of the Town’s 2007 Legal Services Agreement with FitzGerald Morris Baker Firth P.C., NOW, THEREFORE, BE IT 110 TOWN BOARD MEETING 11-05-2007 MTG. #47 RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Dreyer Boyajian LLP for legal services related to Dreyer Boyajian’s review of the Town of Queensbury’s Legal Services Agreement with FitzGerald Morris Baker Firth, P.C., at Dreyer Boyajian’s hourly rates as follows: a. Partner - $200/hour; b. Senior Associates - $175/hour; c. Junior Associates - $150/hour; d. Paralegals & Law Clerks - $100/hour. such services not to exceed $1,400 without further Town Board authorization, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes payment for these services shall be paid for from an account to be determined by the Town Fiscal Manager, and the Town Board authorizes and directs the Town Fiscal Manager to make any needed budget transfers or amendments to the 2007 Town Budget to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute a Letter of Engagement and any other needed documentation and take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES : Mr. Brewer ABSENT: None Discussion held before vote:Councilman Brewer-The reason I voted no, I think seven hours is way, way too excessive that is a whole day of work to review a one page document. Councilman Boor-It is up to. RESOLUTION AUTHORIZING ENGAGEMENT OF BURLEY- GUMINIAK & ASSOCIATES CONSULTING ENGINEERS, P.L.L.C. RESOLUTION NO.: 480, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION 111 TOWN BOARD MEETING 11-05-2007 MTG. #47 SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Water Superintendent and Civil Engineer have recommended that the Town engage the engineering services of Burley-Guminiak and Associates Consulting Engineers, P.L.L.C. (B-G) to institute some of the recommendations outlined in the 2007 Energy Efficiency Study, such recommendations including the replacement of a 33 year old inefficient 400 HP motor and pump with a new, more appropriately sized pump and altitude valve for the Luzerne Road Water Tank, and WHEREAS, B-G has offered to provide such services for $9,400.00 in accordance th with its October 12, 2007 letter and proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Burley-Guminiak and Associates Consulting Engineers, P.L.L.C. (B-G) for provision of the engineering services described in the preambles of this Resolution for $9,400.00, to be paid for from Account No.: 040-8310-4710, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any Agreement or other required documentation, and the Town Supervisor, Water Superintendent, Civil Engineer and/or Town Fiscal Manager to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF PROPERTY LOCATED ALONG BROOKFIELD RUN OWNED BY WARREN COUNTY RESOLUTION NO.: 481, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION 112 TOWN BOARD MEETING 11-05-2007 MTG. #47 SECONDED BY: Mr. John Strough WHEREAS, by Resolution the Warren County Board of Supervisors authorized that any Town, Village or City within Warren County can purchase property obtained in a foreclosure proceeding by the County for either one-third (1/3) the market value or the amount of outstanding taxes on the parcel, whichever is higher, and WHEREAS, the Queensbury Town Board wishes to purchase such a parcel of land owned by Warren County totaling .36 acres located along Brookfield Run in the Town of Queensbury, Tax Map Parcel No.: 290.-1-72, as the Town Board has determined that such property is necessary for the purpose of extending and completing roads, infrastructure, drainage or other improvements, or for any other lawful purpose as the Town Board may designate,and WHEREAS, the Town Board may purchase the Property for $257.97, the current amount of outstanding taxes on the parcel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves and authorizes the purchase of a parcel of land owned by Warren County totaling .36 acres located along Brookfield Run in the Town of Queensbury, Tax Map Parcel No.: 290.-1-72 for an amount not to exceed $257.97, and BE IT FURTHER, RESOLVED, that in order to facilitate the purchase of such parcel, the Town Board authorizes the Town Fiscal Manager to amend the 2007 budget as follows: ? Increase Appropriation 001-1940-2799 - Purchase of Land - $500.00 ? Decrease Appropriation 001-1990-4400 - Contingency - $500.00 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any and all documents necessary to complete this transaction in form acceptable to Town Counsel, including, without limitation, any needed real estate contract, Real Property Transfer Reports and Capital Gains Affidavits and the Town Supervisor, 113 TOWN BOARD MEETING 11-05-2007 MTG. #47 Town Counsel and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF PROPERTY LOCATED IN BURNT HILLS SUBDIVISION OWNED BY DKC HOLDING, INC. RESOLUTION NO.: 482, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 425.2002, the Queensbury Town Board accepted two (2) deeds to dedicate Burnt Hills Drive and Kylian’s Way, roads located in the Burnt Hills Subdivision located off Sherman Avenue, to the Town of Queensbury, and WHEREAS, there is a certain parcel of land located in such Subdivision that should have been included in the dedications of roads authorized by Resolution No.: 425.2002, such parcel being a portion of the premises conveyed by deed from Burnt Hills, LLC to DKC Holding, Inc., dated November 1, 2007 and recorded in the Warren County Clerk’s Office on November 2, 2007 in Book 3415 at Page 308 and as more clearly described in a copy of a Warranty Deed With Lien Covenant between DKC Holding, Inc., and the Town of Queensbury presented at this meeting, and WHEREAS, DKC Holding, Inc. has offered to dedicate such land to the Town of Queensbury and the Town of Queensbury has determined that such property is necessary for the purpose of extending and completing roads, infrastructure, drainage or other improvements, or for any other lawful purpose as the Town Board may designate, and WHEREAS, the Town Board wishes to purchase the Property for $1.00, NOW, THEREFORE, BE IT 114 TOWN BOARD MEETING 11-05-2007 MTG. #47 RESOLVED, that the Town Board hereby approves and authorizes the purchase of a parcel of land owned by DKC Holding, Inc., as described in the preambles of this Resolution for the amount of $1.00, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any and all documents necessary to complete this transaction in form acceptable to Town Counsel, including, without limitation, any needed real estate contract, Real Property Transfer Reports and Capital Gains Affidavits and the Town Supervisor, Town Counsel and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION AMENDING GRANT AWARD FOR CASE #5586IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 483, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Governor’s Office for Small Cities Community Development Block Grant (CDBG) programs to cover eligible project costs, and # WHEREAS, a single family property Case File 5586has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and 115 TOWN BOARD MEETING 11-05-2007 MTG. #47 WHEREAS, by prior Resolution No.: 399,2007 the Town Board approved a grant for Case #5586 in a total amount not to exceed four thousand eight hundred dollars and no cents ($4,800), and , WHEREASproperty rehabilitation specification have been revised to include additional work, and WHEREAS, property rehabilitation specifications were provided to five (5) qualified contractors for bid, and , WHEREAS the low bid cost to complete the additional work specified is four thousand seven hundred ninety five dollars and no cents ($4,795.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves an amended CDBG Grant # for Case File 5586, Queensbury, New York in the amount not to exceed nine thousand five hundred ninety five dollars and no cents ($9,595.00) and authorizes and directs the Town Supervisor to execute an amended 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 5 day of November, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY RESOLUTION NO.: 484, 2007 116 TOWN BOARD MEETING 11-05-2007 MTG. #47 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Warren County derives revenues from the Occupancy Tax authorized by act of the New York State Legislature (Chapter 422 of the Laws of 2003) and, after deducting the amount provided for administering such tax, is to allocate the funds to enhance the general economy of Warren County and its cities, towns and villages through the promotion of tourist activities, conventions, trade shows, special events and other directly related and supported activities, and WHEREAS, an Agreement between Warren County and the Town of Queensbury (Agreement) is presented at this meeting, which Agreement proposes to provide funds to the Town for tourism promotion and tourist and convention development from Occupancy Tax Revenues and which Agreement: 1)provides that the County shall pay and disburse to the Town from occupancy tax revenues received for 2007: th A.the sum of thirty thousand dollars ($30,000) on or about October 15, 2007; and B.an additional sum to be calculated in accordance with a municipal sharing formula approved by the Board of Supervisors, in its sole st discretion, on or about June 1, 2008 with these payments to be contingent on the availability of sufficient Occupancy Tax Revenues; 2)provides that the two payments previously described will continue, respectively, in subsequent years with regard to occupancy tax revenues received in years subsequent to 2007 unless this Agreement is terminated on thirty (30) days written notice as provided in Part III, paragraph 6 hereof; and 3)contains provisions concerning allowable fund expenditures, accounting, recordkeeping and under certain circumstances, refunds of Occupancy Tax funds being paid to the Town, and WHEREAS, the Town is ready, willing and able to provide for promotion of tourist activities, conventions, trade shows, special events and other directly related and supported activities, and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to carry out the terms of the Agreement, NOW, THEREFORE, BE IT 117 TOWN BOARD MEETING 11-05-2007 MTG. #47 RESOLVED, that the Queensbury Town Board hereby authorizes the Local Tourism Promotion and Convention Development Agreement (Agreement) between the Town of Queensbury and Warren County substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement for the purposes of providing funds to the Town for tourism promotion and tourist and convention development from Occupancy Tax Revenues with the understanding that the Agreement authorized by this Resolution will continue indefinitely for payments and use of such funds in subsequent years unless terminated in a manner provided for under the Agreement without the need to approve and sign additional agreements or adopt additional Resolutions, and BE IT FURTHER, RESOLVED, that specific expenditure of the funds provided under the Agreement shall be subject to further authorizing Resolution of the Queensbury Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward certified copies of this Resolution to the Warren County Attorney’s Office and Warren County Board of Supervisors and the Town Supervisor and/or Town Clerk to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION TO AMEND 2007 BUDGET RESOLUTION NO.: 485, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the following 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 and/or Accountant, 118 TOWN BOARD MEETING 11-05-2007 MTG. #47 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 General Fund Code Appropriation Code Appropriation $ 001-1220-4130 Supervisor Counsel Ret 001-1010-4130 TB Counsel Ret. 5,000.00 001-1220-4130 Supervisor Counsel Ret 001-1430-4130 Personnel Counsel Ret 2,000.00 001-1450-4400 Elections Contractual 001-1440-4720 Engineering Services 1,200.00 001-7020-4800 Rec. Repairs 001-7020-2010 Office Equipment 400.00 001-7110-2070 Parks Equipment 001-7020-2010 Office Equipment 1,500.00 001-7110-4271 Chemicals 001-7020-2010 Office Equipment 1,000.00 001-7020-1010 Rec. Wages 001-7110-4300 Parks Electricity 2,000.00 Emergency Svcs 005-9025-8025-Service Award Contr. 005-3410-4401-4980 CPA Audit Fire 1,500.00 4980 005-9025-8025-Service Award Contr. 005-3410-4401-4981 CPA Audit EMS 350.00 4981 Water Fund 040-8340-2899 Capital Construction 040-8340-1020 Overtime 3,000.00 th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. ___ OF 2007 TO AMEND QUEENSBURY TOWN CODE CHAPTER 161 “SPECIAL SALES EVENTS” RESOLUTION NO. 486, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: ___ of 2007 to amend Queensbury Town Code Chapter 161 “Special Sales Events,” to provide for the regulation of garage sales throughout the Town of Queensbury, and 119 TOWN BOARD MEETING 11-05-2007 MTG. #47 WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, the proposed action is a Type II action as set forth in 6 NYCRR 617.5(c)(19)- which provides that official acts of a ministerial nature, including the issuance of building permits, are predicated solely on the applicant's compliance or noncompliance with the relevant local building codes and as set forth in 6 NYCRR 617.5(c)(27) concerning adoption of regulations, policies, procedures and local legislative decisions in connection with any action on the Type II list, on which building permit review and issuance is listed as are local laws adopted concerning procedures for issuance and overseeing of such building permits, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th November 19, 2007 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2007, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. ___ of 2007 in the manner provided by law. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None Chapter 161 – Special Sales Events – November 2007 LOCAL LAW NO.: ___ OF 2007 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 161 TITLED “SPECIAL SALES EVENTS” 120 TOWN BOARD MEETING 11-05-2007 MTG. #47 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Purpose and Intent. This local law provides for amendments to Chapter 161 of the Code of the Town of Queensbury to provide for the regulation of garage sales throughout the Town. This local law is adopted pursuant to section 10 of the Municipal Home Rule Law and Article 16 of the Town Law. Section 2. Amendment to §161-1 of the Code of the Town of Queensbury. §161-1 shall be amended to read: and Garage Sales This chapter shall be titled “Special Sales Events .” Section 3. Amendment to §161-4 of the Code of the Town of Queensbury. §161-4 shall be amended to include the following definition: GARAGE SALES - The sale of household or personal items from private residential property, on a temporary basis that may or may not have been advertised. Other common names include, but are not limited to, “tag sale,” “yard sale,” “porch sale,” “tent sale,” “rummage sale,” or “attic sale.” Section 4. Amendment to §161-5of the Code of the Town of Queensbury. §161-5 shall be amended to include the following subpart: C. Garage sales shall be permitted in the Town and shall be restricted to weekends only. For the purposes of this section only, a weekend shall be defined as beginning Friday at 8:00 A.M. through Monday at 5:00 P.M. All pre-existing, non-conforming garage sales are excluded from having to comply with this section until May 1, 2008. Section 5. Amendment to §161-10 of the Code of the Town of Queensbury. §161-10 subpart B shall be amended to read: or garage sales B. In the event that any special sales events conducted or any building, structure or land or site is used in violation of this chapter or any 121 TOWN BOARD MEETING 11-05-2007 MTG. #47 permit or approval issued or made hereunder, the Code Compliance Director of Buildings and Code Enforcement, Zoning Officer, Administrator, Fire Marshal , or other proper local authorities of the Town may, in addition to seeking other remedies, penalties and/or fines, institute any appropriate actions or proceedings to: (1) Prevent such unlawful conduct or business or use of any building, structure, land or site; (2) Restrain, correct or abate such violation; (3) Prevent the occupancy of said building, structure, land or site; and/or (4) Prevent any illegal act, conduct, business or use in or about such premises. Section 6. Amendment to §16111 of the Code of the Town of Queensbury. - §161-11 shall be amended to read: In addition to the Town of Queensbury officers and/or employees authorized, expressly , or by implication, to administer and enforce this chapter, the Code Compliance Officer Director of Building and Code Enforcement, Zoning Administrator and Fire Marshal for the Town of Queensbury is are expressly delegated the duty and responsibility to administer and enforce the provisions of this chapter and, in furtherance thereof, to issue appearance tickets as defined, authorized and set forth in Article 150 of the Criminal Procedure Law of the State of New York. Section 7. Severability. If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this Local Law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 8. Effective Date. 122 TOWN BOARD MEETING 11-05-2007 MTG. #47 This Local Law shall take effect upon filing with the New York State Secretary of State. RESOLUTION AND FINAL ORDER ESTABLISHING QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO. 6 RESOLUTION NO. 487, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District (hereinafter the “District”) to be known as the Queensbury Technical Park Sewer District Extension No. 6 (hereinafter the “Sewer District Extension”), and WHEREAS, a Map, Plan and Report has been prepared by Jarrett-Martin Engineers, PLLC, engineers licensed by the State of New York regarding the proposed Sewer District Extension to permanently serve: 1) the West Glens Falls Emergency Squad’s new emergency medical services building, 2) a new apartment complex developed by Schermerhorn Residential Holdings, LLC, 3) commercial development along the proposed Main Street Connector Road, and 4) an additional parcel on Luzerne Road near the City of Glens Falls boundary owned by Laconia Realty, such parcels bearing tax map identification no.’s: ? 309.10-1-45 – Schermerhorn Residential Holdings, LLC (Deed Reference {Book/Page}: 3015/23) ? 309.10-1-83.2 – West Glens Falls EMS (Deed Reference {Book/Page}: 3015/264) ? 309.10-1-83.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1477/192) ? 309.10-1-82.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1314/225) ? 309.10-1-84.4 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1302/77) ? 309.11-2-23 – Laconia Realty Corp. (Deed Reference {Book/Page}: 1415/254); such parcels located generally along Luzerne Road and the proposed Main Street Connector Road, and as more specifically set forth and described in the Map, Plan and Report, and 123 TOWN BOARD MEETING 11-05-2007 MTG. #47 WHEREAS, by Resolution No.: 165,2007, the Town Board accepted and approved the Map, Plan and Report and it was filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and nd WHEREAS, on April 2, 2007 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the fact that all costs of the improvements will be paid for by the property owners and/or grant funding and not the Town of Queensbury; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed Sewer District Extension; (h) that all the expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Sewer District Extension was duly th held on Monday, April 16, 2007 and the Town Board considered the evidence given together with other information, and th WHEREAS, on June 4, 2007, the Town Board considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and by Resolution No.: 260,2007, adopted a Negative Declaration concerning environmental impacts, and th WHEREAS, on June 4, 2007, the Town Board also adopted Resolution No.: 261,2007, determining that (a) the Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; (b) all property and property owners within the District Extension will be benefited thereby; (c) all property and property owners 124 TOWN BOARD MEETING 11-05-2007 MTG. #47 benefited will be included within the limits of the District Extension; (d) it is in the public interest to establish, authorize, and approve the Queensbury Technical Park Sewer District Extension No. 6 to the existing Queensbury Technical Park Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; and (e) in accordance with New York State Town Law §206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established, as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended; and approving establishment of the District Extension subject to permissive referendum; and WHEREAS, the Town Clerk posted and published the notice required for Resolutions subject to permissive referendum and no petition for referendum was filed within 30 days after the date of the Resolution, and the Town Clerk filed the Certificate required to be filed in accordance with Town Law §209-e establishing that no such petition was filed requesting a referendum, and WHEREAS, the permission of the State Comptroller is not required in accordance § with New York State Town Law 209-f, and WHEREAS, the Town wishes to adopt a Final Order establishing Queensbury Technical Park Sewer District Extension No. 6, and WHEREAS, a sewer line easement from the West Glens Falls Emergency Medical Services is necessary and has been received, and WHEREAS, Jarrett-Martin Engineers, PLLC has produced a “punch list” of remaining construction items, and WHEREAS, the Town wishes to establish the proposed Sewer District Extension in accordance with New York State Town Law Article 12A and consolidate it with the Queensbury Technical Park Sewer District in accordance with New York State Town § Law 206-a, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Queensbury Town Board hereby authorizes, approves and establishes the Queensbury Technical Park Sewer District Extension No. 6 to the Queensbury Technical Park Sewer District in accordance with the boundaries and descriptions set forth in the Map, Plan and Report and, upon the certification by the Wastewater Director that all “punch list” items have been completed or that there are 125 TOWN BOARD MEETING 11-05-2007 MTG. #47 sufficient funds withheld for any remaining items, authorizes the acceptance of the dedication of the sewer lines, mains, pump station and all appurtenances and equipment, and it is FURTHER ORDERED, that: 1.All proposed construction was installed and paid for by the property owners and/or grant funding and the Town will not be issuing bonds to finance the District Extension. § 2.In accordance with New York State Town Law 206-a, it is in the public interest to assess all expenses of the District, including all extensions included heretofore or hereafter established, as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended. 3.The Project Engineer has certified the Project and the Wastewater Director has reviewed the certified documents and found them to be complete. 4.A one year guarantee on the infrastructure installed begins as of the date of this Final Order. And it is, FURTHER ORDERED, that the Town Board hereby directs the Queensbury Town Clerk to make arrangements to record a certified copy of this Resolution and Order in the Warren County Clerk’s Office and send a certified copy of this Resolution and Order to the State Department of Audit & Control at Albany, New York, the Town Assessor's Office, Community Development Department and Wastewater Department, within 10 days of the above-referenced certification by the Wastewater Director, and it is FURTHER ORDERED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director and Town Fiscal Manager to take all other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None 126 TOWN BOARD MEETING 11-05-2007 MTG. #47 RESOLUTION APPROVING AUDIT OF BILLS – th WARRANT OF NOVEMBER 5, 2007 RESOLUTION NO.: 488, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills st presented as the Warrant with a run date of November 1, 2007 and a payment date of th November 6, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a stth run date of November 1, 2007 and payment date of November 6, 2007 totaling $1,138,818.68, and BE IT FURTHER, RESOLVED, that approval of vendor Number 2066 payment will not exceed the contractual cap for said vendor, 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. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Discussion held: Councilman Brewer accepted the amended addition as previously submitted to the resolution and seconded by Councilman Strough Supervisor Stec-Noted on Agenda, #19 was pulled the candidate as listed decided not to take the position. 127 TOWN BOARD MEETING 11-05-2007 MTG. #47 RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 489.2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. th Duly adopted this 5 day of November, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury