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2008-01-14 MTG.#3308 TOWN BOARD MEETING 01-14-2008 MTG. #3 TOWN BOARD MEETING MTG. #3 JANUARY 14, 2008 RES. 72-98 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCIMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS BARBARA TIERNEY-FISCAL MANAGER MIKE SHAW-DIRECTOR OF WASTEWATER BRUCE OSTRANDER WATER SUPERINTENDENT PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STEC I.PUBLIC HEARINGS 1.1 Public Hearing to Amend Queensbury Town Coded by Adding a New Chapter Entitled “Expansion of Town Residency Requirement for Town Budget Officer NOTICE SHOWN PUBLICATION DATE: 01-04-2008 Supervisor Stec-The background on this is that currently Barbara Tierney serves as the Town Fiscal Manager the duties are and job description are essentially the same. There is a residency requirement on the books for budget officer in the town that it be a town resident. It is not uncommon at all for municipalities to amend that and in fact we did some checking and we can. This would amend it to allow the budget officer to reside in any of the three counties, Warren, Washington or Saratoga County. We can always amend it again in the future if for some reason the town wanted to. But, we would like to consider a public hearing on this tonight for the purpose of changing that requirement and then subsequently appointing Barbara Tierney as the Budget Officer which basically gives the Town a little more flexibility and actually is something that the Town Board and I believe Barbara would prefer. In order to do that we need to enact a local law and that requires a public hearing, which brings us to the public hearing. So, with that introduction if there are any members of the public that would like to comment on this public hearing, I just ask that you raise your hand these microphones not only amplify they also record for the purpose of the record and I will call on people one at a time. Seeing none I will close the public hearing. RESOLUTION ENACTING LOCAL LAW NO. 1 OF 2008 TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER ENTITLED “EXPANSION OF TOWN RESIDENCY REQUIREMENT FOR TOWN BUDGET OFFICER” RESOLUTION NO. 72, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi 309 TOWN BOARD MEETING 01-14-2008 MTG. #3 WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 1 of 2008 to amend the Queensbury Town Code by adding a new Chapter entitled "Expansion of Town Residency Requirement for Town Budget Officer” and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board duly held a public hearing concerning such proposed th Local Law on Monday, January 14, 2008 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 1 of 2008 entitled, "Expansion of Town Residency Requirement for Town Budget Officer” as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None LOCAL LAW NO.: 1 OF 2008 A LOCAL LAW TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER ENTITLED “EXPANSION OF TOWN RESIDENCY REQUIREMENT FOR TOWN BUDGET OFFICER” 310 TOWN BOARD MEETING 01-14-2008 MTG. #3 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Purpose and Authority The Town Board wishes to expand the residency requirement for the Town’s Budget Officer to Warren, Washington and Saratoga Counties. Therefore, the Queensbury Town Code is hereby amended by adding a new Chapter entitled “Residency Requirement for Town Budget Officer.” This Local Law is adopted in accordance with Municipal Home Rule Law §10. Section 2. Addition to Code A new Chapter 37 is added to the Town Code as follows: Residency Requirement for Town Budget Officer “ The Town Budget Officer shall reside in the Counties of Warren, Washington or Saratoga, in New York State.” Section 3. Repealer All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. Section 4. Severability If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. Section 5. Effective Date This Local Law shall take effect upon filing in the office of the New York Secretary of State as provided in §27 of the Municipal Home Rule Law. 1.2 Public Hearing To Amend Queensbury Town Code Chapter 136, Article XXIV Entitled “Establishment of Sewer Rents” to Increase Annual Charges For South Queensbury-Queensbury Avenue Sewer District NOTICE SHOWN PUBICATION DATE: 01-04-2008 Supervisor Stec-For this, the South Queensbury Sewer District is a fairly new sewer district with not a lot of expense and cost history. Right now, this would change it to read four 311 TOWN BOARD MEETING 01-14-2008 MTG. #3 dollars per thousand gallons of water consumption as opposed to three dollars and fifty cents a gallon. Right now the three fifty a gallon, per thousand gallons is not covering the expenses of that district, as I said it is a very new district and it has not settled in yet to steady operation and Mike I am not sure if you want to add anything, our Wastewater Director Mike Shaw before I open the public hearing? Wastewater Director Mike Shaw-Ok, as Dan has said what has happened over the last four years, three of the last four years we have been short on revenues vs the expense. We do not have a fund balance in that district, so what we what to do is raise the operation and maintenance rate to four dollars per thousand gallons of usage, now it is three dollars and fifty cents per thousand gallons. Councilman Brewer-How much are you behind now, Mike? Director Shaw-I think we have, we are in the red in the fund balance by thirty thousand dollars. Councilman Brewer-Thirty thousand. Director Shaw-There are a couple of things that Barbara and I have been working on we might come up with a couple of ideas on how to take care of that thirty thousand dollars but basically we looking when we compared our expenses and operation and maintenance budget to our revenues our last three years we have been short so that needs to be addressed. Councilman Montesi-Mike, what does this district constitute? Give me an idea what street it is on or? Director Shaw-The South Queensbury Sewer District is the airport area. Now, that you mentioned that we do have contract customers over there, the Town also has contracts with Kingsbury, Washington County and Warren County accept sewers, they pay the same rate as the South Queensbury Sewer District people pay. Councilman Montesi-It is pretty much a commercial district in deference to a lot of residences. Director Shaw-Correct that is right. Supervisor Stec-Any other questions for Mike? All right thanks Mike, don’t go too far, in case there are questions. I will open the public hearing if there is anyone that would like to ask any questions regarding this public hearing I will just ask you to raise your hands again. Seeing none I will close the public hearing. RESOLUTION ENACTING LOCAL LAW NO. 2 OF 2008 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS" TO INCREASE ANNUAL CHARGES FOR SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO. 73, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi 312 TOWN BOARD MEETING 01-14-2008 MTG. #3 WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 2 of 2008 to amend Queensbury Town Code Chapter 136, Article XXIV entitled “Establishment of Sewer Rents," which Local Law would modify the annual sewer rent rate in the South Queensbury – Queensbury Avenue Sewer District, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, Town Law Article 16 and General Municipal Law Article 14-F, and th WHEREAS, the Town Board duly held a public hearing on Monday, January 14, 2008 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.:2 of 2008 to amend Queensbury Town Code Chapter 136, Article XXIV entitled “Establishment of Sewer Rents” to modify the annual sewer rent rate in the South Queensbury – Queensbury Avenue Sewer District as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None LOCAL LAW NO.: 2, 2008 A LOCAL LAW TO AMEND CHAPTER 136, ARTICLE XXIV OF QUEENSBURY TOWN CODE ENTITLED 313 TOWN BOARD MEETING 01-14-2008 MTG. #3 "ESTABLISHMENT OF SEWER RENTS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Queensbury Town Code Article XXIV, entitled “Establishment of Sewer Rates,” subsection E(1), is hereby amended as follows: §136-137. Annual charges established. There is hereby established and imposed a scale of sewer rents for services rendered by the sewer system to the real property within the limits of the following sewer districts as set forth below: E. Annual charges pursuant to §136-135 hereof for the South Queensbury – Queensbury Avenue Sewer District: (1) For all occupied properties and contracted customers to the South Queensbury – Queensbury Avenue Sewer : $3.50 per thousand gallons of water District$4.00 consumption, as indicated by the current water meter readings, billed on a quarterly basis. SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 3. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 4. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State. II.PRESENTATION 4-H CORNELL COOPERATIVE EXTENSION Mr. John Bowe-4H Team Coordinator and Shawn Lynch 4-H Community Educator from Cornell Cooperative Extension Education Center in Warrensburg, N.Y. gave a presentation to the Town Board on 4-H What is 4-H? 4-H club is an informal, educational youth opportunity, serving as a hands on laboratory, benefiting today’s youth. 4-H is the largest out of school youth 314 TOWN BOARD MEETING 01-14-2008 MTG. #3 organization in the United States with over seven million youth members. In recent years the program has further emphasized it devotion to life skills development in youth, and does so through 4-H’s traditional hands-on learning approach. Why 4-H Youth who participate in 4-H clubs say they develop skills in leadership public speaking, self-esteem, communication, and planning. The vast majority also gained understandings of social and intellectual development. In 2006, over ½ million youth from urban, suburban and rural communities across New York participate in 4-H experiences through school-enrichment and after-school programs, in camp settings and in community clubs. Connection to Cornell University-Cornell University is New York’s Land Grant University. Cornell University Cooperative Extension is responsible for connecting New York residents with the research done at the University and at other Land Grant schools national wide. 4-H is unique among youth development programs in that programs and activities are based on the on-going research of specific topics. Connection to USDA 4-H is made possible through the efforts of the Cooperative State Research, Education and Extension Service of the United State Department of Agriculture. CSRESS/USDA is the national headquarters for 4-H and provides national leadership for the 4-H program. National administrators and program leaders identify nationwide issues for youth with system-wide responses and direct government resources for relevant and effective youth development programs. Why volunteer? Whatever your talents or interests, there is a volunteer role for you in the Cornell Cooperative Extension 4-H Youth Development Program. 4-H volunteers receive excellent training, guidance, and ongoing supervision appropriate to the specific roles they assume. Personal leadership skills increase New friendships will follow volunteers. Satisfaction is achieved from helping youth reach their full potential. Access to educational resources through Cornell University Cooperative Extension. When my child joins 4-H, do I have to become a leader? Parents don’t have to become 4-H leaders when their children join 4-H, but leaders may require the assistance of a parent or other adults. This help can range from being a project leader, driving members to activities, or supplying refreshments for a meeting. How old do girls and boys have to be to join 4-H? The traditional 4-H club program is open to all youth ages 9-19. The Cloverbud program is available to youth ages 5 and in kindergarten to age 8. What will my child do in 4-H? Your child may attend regular meetings, complete projects, be involved in public speaking and community service activities, or serve as a club officer. There are also opportunities to participate in: 4-H Camp, state/county fair, career explorations, public presentations, and leadership trainings, etc. How much does it cost to join 4-H? There is currently no enrollment fee. However, individual clubs may charge dues to cover expenses, and some project areas, such as photography and livestock, may require a small investment for supplies and equipment. There is no uniform requirements. Youth can attend in their regular, appropriate clothing, similar to that worn to school. How are 4-H programs delivered? Traditional 4-H Clubs, School or Community Enrichment Programs, Special Interest Programs. QUESTIONS Councilman Montesi-How many students do you have in Warren County enrolled in 4-H now? Mr. Bowe-Currently 200. 315 TOWN BOARD MEETING 01-14-2008 MTG. #3 Councilman Strough-In general terms you speak of benefiting the youth, what specific programs do you have there? Mr. Bowe-There are a variety of programs the Adirondack Guide Program is a program for youth 12 and up and that program focuses on teaching youth independence, sound decision making and we use outdoor education as the tool to teach those skills. Councilman Strough-They learn survival skills? Mr. Bowe-They learn basic survival skills they learn how to camp, they learn essentially everything that need to know to pass the New York State DEC Guide license test they will learn in the guide program. Other examples, Animal Science the horse program is very strong and is growing. Fastest growing program in New York State only second to shooting sports which is a new program in Warren County. Councilman Strough-Do we have our own horses? Mr. Bowe-Generally they provide their own horses, there is a 4-H ride program which a horse is provided by Cooperative Extension and is used in a therapeutic rides. Noted we are present tonight to inform the public on their various programs and how to reach us. Councilman Brewer-Noted that he had been a volunteer at the fair last year and it was well attended. Councilman Montesi-What town has the biggest group? Warrensburg but we also have a club in North Creek, two clubs in Queensbury and we have been approached about starting a third, we have one in Chestertown. Supervisor Stec-Thanked Mr. Bowe and Mr. Lynch for the presentation. III.PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT – 3 MINUTES) Mr. John Salvador - Res. 4.11 and 4.12 appointments of alternate members to the Planning Board Spoke on the large projects before the Board, not enough time to bring new members up to speed. Believes the Alternate members are required to take some kind of educational training. Regarding Schermerhorn project Mr. Krebs has already positioned himself as being bias on this project. Requested that the Board hold the resolutions in abeyance I do not think it will serve any purpose at this late date. Councilman Strough-I had just gotten notification that Lincoln Cathers was interested in the Planning Board. I heard from good sources that the cover letter recommending th him along with a resume was submitted on December 15. Supervisor Stec-I received the letter last Tuesday and it was not from him but a third party, after our workshop interviewing the candidates last Monday. Councilman Strough-I think Lincoln Cathers would be very good. Supervisor Stec-We will consider him in the future, if he applies. Councilman Strough-I think the town is at a critical mass right now and we need people like Lincoln Cathers who are very community minded, very balanced in their thinking and people that really get involved in a topic. Supervisor Stec-He should apply and we will consider him at the next opening. Councilman Strough-I think we should table the two resolutions and give Mr. Cathers an opportunity to be interviewed. 316 TOWN BOARD MEETING 01-14-2008 MTG. #3 Supervisor Stec-I respectively disagree, out of respect to the other two people that we did interview and did actually send their own letter of interest in. Mr. Pliney Tucker-Res. 4.21 Supervisor Stec-This is to do with the Towns legal representation with this years Civil Service Contract negation, money was not set aside for these negotiations and these are really budget transfer? Mr. Tucker-How much is involved. Supervisor Stec-We will be billed on a monthly basis. We are moving a total of fifteen thousand but we hope that negotiations go smoothly and we will spend less than that. Mr. Tucker-4.22 Supervisor Stec-This is the landfill reserve, we have a little over two million dollars in the landfill reserve for closure and we have determined that we have a little latitude there. We spend on an annual basis about ten thousand on monitoring and lawn mowing, we do not need the two million in there. We do have equipment needs a loader that we want to replace. This will allow movement of monies from the closure reserve to a equipment reserve. Councilman Brewer-We also need to replace the compactor on the Luzerne Road along with the building and canopy over it and two or three years down the road we will need to replace the one on Ridge Road. Mr. Tucker-Is there any surplus in the operations of the transfer stations? Supervisor Stec-The transfer station up until the time I became Town Supervisor was running in the red and since then we have been running a little bit in the black because we increased our collection rates. The surplus is not significant. Councilman Montesi-Luzerne Road last year had nineteen hundred and eighty three tons, Ridge Road fifteen hundred and one ton. Mr. Tucker-Going back the agreement between the Town and the City on the transfer stations, any cost that was not covered by operations was shared on a sixty forty basis, sixty from the City and forty from the Town. Councilman Brewer-Cannot bill the City for the loader it is at Ridge Road. Supervisor Stec-We will look into that for the compactor. Mr. Tucker-Noted that the two million dollars in the closure fund was paid by the Town of Queensbury. Are we drawing interest on that? Supervisor Stec-Yes. Mr. Lincoln Cathers-47 Overlook Drive, Queensbury A member of the Planning Board who is a neighbor of mine and is president of our association sat with me at a Christmas dinner at Hiland and much of our talk revolved around Queensbury’s concerns and the fact that I would be interested in considering either the Zoning Board or the Planning Board. This individual said what you have to do is submit a resume’. He said get a resume’ to me and I will take it over to the office. As I th understand it he delivered it to front desk I believe on the 15 of December and that is the one that apparently got lost or never delivered or what have you. I guess you had a working session last Monday and this gentleman was concerned because my name was not involved with any of the ones being interviewed. He did submit the same application a day later on Tuesday. I did not know anything about this until Thursday morning, when I had two individuals that are supporters of mine gave me a call and 317 TOWN BOARD MEETING 01-14-2008 MTG. #3 said do you know what is happening. That is the first time I heard about it was th Thursday morning. Noted he does have an appointment with Dan on the 24. I am still interested in being considered for the board. Councilman Brewer-Speaking for myself I did not realize you had submitted a resume’ or letter. Councilman Montesi-Perhaps the best bet is to address a letter to Dan. Councilman Strough-I look forward for you to be on the Planning Board I know that you are very involved in the community and you look at all facets and you are very balanced in your view. Thank you for applying. Mr. Eugene Casella-15 Lake View Drive -want to be more involved in my civic duty I think it is obligation that I should have - thanked the Board for their support of Lake Sunnyside - 4.13 appointing Karen Bodenweiser at the Queensbury Center Coordinator I have a vested interest in Karen, I am a volunteer working at RSVP I do the retired and senior volunteer program. I do their data basing for them. I worked for Karen for three years as a volunteer when she was Director there and she was a sensational person, very intelligent and wonderful and I thought her personality was great, I loved working with her. I got to believe that mostly everybody is please with her, I do not think that you can find anybody better. Supervisor Stec-I will be certain to share that with her. Dr. Mark Hoffman-Fox Hollow Lane Re: Planning Board resolutions, regardless of whatever mishap or technicality it would be reasonable to offer him the courtesy of an interview, also in the towns best interest to make sure that someone that is highly qualified is not arbitrarily dismissed from consideration. Re: Main Street Resolution previously discussed Media Drive concerned that there was no sidewalk, the idea of the Main Street was to get it to be pedestrian friendly, noted that there is a large apartment complex around the corner so there is a large potential for sidewalks. Supervisor Stec-We had a public hearing on this last September and the road was under construction, the design work and approval from DOT was already done. Councilman Strough-We could still alter it is a good idea. In addition to the sidewalk there has also been a bike route that is for the connection between the two, I think we could do something nice with the sidewalk and pedestrian lighting. I will pursue this. Dr. Hoffman-If we are going to have urban densities we need to have urban amenities. Councilman Montesi-That is something that we can do. Councilman Metivier-If I am not mistaken when the apartments are completed there will be sidewalks on both sides Luzerne Road and Pine. Mr. Doug Auer-16 Oakwood Drive Re: 4.11 and 4.12 Planning Board appointments. What town was Mr. Schonewolf a Council member? Supervisor Stec-The Town of Niskayuna a councilman. Mr. Auer-I have a bit of a concern here because I do know the person who submitted the letter of interest on behalf of Lincoln Cathers, it was Tom Ford and he is pretty well respected member of the Planning Board. If Tom Ford called me up and said Doug a flying saucer just landed in my back yard what do I do, I would believe him. It seems to me a simple phone call to Mr. Ford regardless of how late the date was to verify that indeed a letter was dropped off could have avoided this. Supervisor Stec-That happened last week. Tuesday I was aware of the letter Wednesday or Thursday, Linc ended up talking to my assistant to set up a meeting. 318 TOWN BOARD MEETING 01-14-2008 MTG. #3 Mr. Auer-Right, but I am saying to verify that indeed a first blush letter of interest came th on December 15 did indeed show up here at this office. Supervisor Stec-I did not know about the letter until last Tuesday. Mr. Auer-I understand that but when with a couple of phone calls, he obviously, the letter of Supervisor Stec-We asked at Town Hall no one in Town Hall knew anything about the letter. Mr. Auer-Did anyone ask Tom Ford? Supervisor Stec-Tom Ford, no one has called Tom a liar, Tom Ford told me he dropped it off in mid December and I believe him. We did not see it until last Tuesday. The issue isn’t whether or not it was there in December or not the issue is that we did not have it until last week. Mr. Auer-That is so convenient, forgive me, but it is so convenient. Supervisor Stec-Here we go. Mr. Auer-Not here we go, this is exactly what goes on in Washington my friend, you people are apprenticing to become higher office? This is patently absurd. Supervisor Stec-You are right it is. Mr. Auer-It is, that is right, it is. Supervisor Stec-Anything else Mr. Auer on resolutions? Mr. Auer-Yea, I think I will think about a few seconds or maybe I will continue to expound on this. I cannot tell you how troubling this is, I can’t tell you how troubling it is. This is remarkable this is called plausible deniability this was Supervisor Stec-Your time is up. Mr. Auer-I know it is Dan, you know what, your time will be up also someday. Mr. Doug Miller-Adirondack Sports Complex – Laura Potter-Northeast Winter Classics. Re: 4.15 Requested that the Board review Transient Merchant Market for the Northeast Dog Show, questioned if a license is necessary for a Dog Show, referred to it as a sporting event, no fee would be necessary …this is basically a fund raiser for the three non profit kennel clubs, there are secondary sales that go on mostly to support the people who are showing their dogs. Laura Potter-they sell collars, leashes the sort of thing needed for a dog show, we have a few other vendors that come in that sell books and things of public interest and educational items for spectators… last year twelve vendors which brought money into us of $3400. we never know how many vendors we are going to have, this year only two have signed up, that would bring in $150. the fee for the Transient Merchant License is $1500. Supervisor Stec-Noted this had been discussed, I don’t think there is time to correct it for this event, the Transient Merchant law is here for a reason and we want to honor why it is there, but by the same token sometime you cast a net and you catch fish that you are not intending to catch.. We are going to look at this. Councilman Strough-I think we want to accommodate you better and I think we will work on this, this year. 319 TOWN BOARD MEETING 01-14-2008 MTG. #3 Mr. Miller-I hope that in fairness to Laura that something can be done sooner rather than later. Noted that this group has been in the Saratoga City Center for the last twenty years and never had to do anything like this nor does the City Center have to do it. Described the template that has been established for Markets held in the Dome. Want to get down to just signature pages, who the applicant is, who the agent is and submit that to the Town Board to be signed off on. Noted that the Planning Board approved that. We are now required to submit names and addresses for all vendors and tax id numbers. The only step that has been taken out of the process is not having to go in front of the Planning Board. Councilman Strough-I do not see that the Town Board has the power to waive the fee. The other thing is, is it in fact a sporting event? Supervisor Stec-We are not going to resolve this tonight but I will talk to Craig Brown about this. Mr. Miller-Noted that retail sales is part of our permitted use. Councilman Strough-Questioned if the vendors at the Dog Show make a profit? Ms. Potter-In theory they can make a profit however most of them sell such small ticket items that they are there just for the exposure. A couple of them that we had last year are businesses in Glens Falls. Mr. Miller-Spoke to the Board regarding others that wish to use the Dome but have backed away because of the process. Mr. Kevin Quinn-I live in the Town of Queensbury, I think I was one of the very first people to get a transient vendors license, and annual I get that, I do not mind getting that permit because the revenue that I make from that permit is fair. I think charging him $500. he put that building up for that purpose to bring people to town to make more money for us to fill the hotels the restaurants. I think I do not want to use the word exempt but I think you are holding a pistol to his head if he does not have anything outside that building that is like the guy that has the Ramada Inn, and he has a tool show which is happen many a time that slid under the radar and they are in and out in a weekend. I really believe that with him you are kind of, I know you wrote the rule for a reason so we couldn’t have the Schwans Truck in the Town anymore he still exists, we have a lot of things that come into our town everyday but he pays taxes here every day he is not a transient vendor. Maybe he does bring people in that are transient vendors but are they hurting the businesses in Town? I think that is what the transient law was made for so that we can stop the guy setting up in front of the Pizza Place next to Frank’s and putting Franks out of business. Maybe we need to re-write the transient vendors law. I could tell him how to get around it, just carry the merchandise in your store. Mr. Peter Brothers-I would like to concur with that the gentlemen just spoke here with regard to Transient Merchants, it seems like we are holding this person hostage. I know this is an issue with the Town maybe you can straighten things out so that the person go about their business because I thought this was Board, I think it is a Board that is very pro-business development I believe. Re: Planning Board Alternate Since there is a discrepancy that maybe in fairness that the paper work may have been lost, maybe give him the due consideration that he should be deserved, and I do not mean an ill will to the two other applicants, one who I do know has been very active volunteer. I want to give him the respect that he deserves as well as the other person that I don’t know but give them the respect to. I think it is fair that we give Mr. Cathers the due diligence that he deserves that he is a person of upmost character and cooperation, he does a lot in this community volunteers also. I wish that he be given full consideration and maybe table those two resolutions. I do not want to sound like I am making a snide remark but it just seems that there has been a situations that have occurred before where paper work may have been lost and there may have been some issues pertaining to that whether it be not wanting to have that person either come before a board political circumstances and I will just leave it at that. 320 TOWN BOARD MEETING 01-14-2008 MTG. #3 Mr. John Brothers-I concur with what Peter just said to the Board and I hope that we all heard him clearly. Thank you. IV.RESOLTUIONS RESOLUTION AUTHORIZING BARTON & LOGUIDICE, P.C., TO PROVIDE ADDITIONAL ENGINEERING SERVICES RELATED TO THE MAIN STREET INFRASTRUCTURE AND REDEVELOPMENT PLAN RESOLUTION NO.: 74, 2008 INTRODUCED BY: Mr. John Strough SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board met with representatives of Barton & th Loguidice, P.C. (B&L) at a Town Board Workshop on August 13, 2007 to discuss continuance of services by B&L relating to the Town’s Main Street Infrastructure and Redevelopment Plan (Project), and WHEREAS, B&L offered to provide needed additional engineering services related to such Project for an amount not to exceed $74,000.00 as delineated in a copy of B&L’s th letter to the Town Supervisor dated August 8, 2007, and thrd WHEREAS, on Monday, September 24, 2007 and Monday, December 3, 2007, the Town Board duly conducted public hearings concerning the Project in general, and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, having heard all interested persons, wishes to proceed with the Town’s Main Street Infrastructure and Redevelopment Plan (Project), including the installation of underground utilities, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.C. for the provision of the engineering services described in this th Resolution and delineated in B&L’s August 8, 2007 letter for an amount not to exceed the total of $74,000.00, and 321 TOWN BOARD MEETING 01-14-2008 MTG. #3 BE IT FURTHER, RESOLVED, that payment for such services shall be from an Interfund loan from the General Fund in the amount of $74,000, to be repaid no later than upon receipt of funds through long-term financing of the Capital Project, and BE IT FURTHER, RESOLVED, that the Town Board hereby increases appropriations and estimated revenues for Capital Project Fund #126 in the amount of $74,000., and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to increase the following accounts for such appropriations and revenues as necessary: ? Revenue Account No. 126-0000-55031 – $74,000 ? Expense Account No. 126-5020-2899 – $74,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the 2007 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed Agreements and/or documentation and the Town Supervisor and/or Town Budget Officer take such other and further action necessary to effectuate all terms of this Resolution. th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi 322 TOWN BOARD MEETING 01-14-2008 MTG. #3 NOES : None ABSENT: None RESOLUTION SETTING HEARING ON KENNETH ERMIGER’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING THE ROUTE 9 CAR WASH PROPERTY LOCATED AT 719 STATE ROUTE 9 RESOLUTION NO.: 75, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Kenneth Ermiger has applied to the Town Board for a variance/waiver § from Town Code 136-44 for an extension of the Town’s connection requirements to connect the Route 9 Car Wash property located at 719 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the property has a properly functioning septic system and recycled water filtration system and the property is listed for sale for redevelopment, as set forth in the application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th January 28, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Kenneth Ermiger’s sewer connection variance/waiver application concerning the Route 9 Car Wash property located at 719 State Route 9, Queensbury (Tax Map No.: 296.17-1-42), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. 323 TOWN BOARD MEETING 01-14-2008 MTG. #3 th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Mitivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE LOCATED ON PROPERTY OWNED BY HAROLD POTTER RESOLUTION NO. 76, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) and the Town Health Officer inspected a single family dwelling on property owned by Harold Potter located at 38 Howard Street in the Town of Queensbury (Tax Map No.: 301.20-1-36) and found that the conditions within the home are not livable as there is no indoor plumbing, there is a large amount of garbage and rubbish in and around the property, Mr. Potter has failed to provide necessary sanitary arrangements, and the building is generally in disrepair, unusable and unsafe, and WHEREAS, the Director advised Mr. Potter to take appropriate measures to correct th the above conditions as more specifically set forth in the Director’s November 28, 2007 letter presented at this meeting, and th WHEREAS, by letter dated December 6, 2007, the Town’s Health Officer has advised that in his opinion the structure should be condemned as the conditions are non- habitable for safe human living, and WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the structure is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owner fails to vacate and remove the structure from the property, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the 324 TOWN BOARD MEETING 01-14-2008 MTG. #3 owner or other persons interested in the property that the structure must be demolished and removed, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board is of the opinion that the structure owned by Harold Potter and located at 38 Howard Street in the Town of Queensbury (Tax Map No.: 301.20-1-36) appears to be dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board shall hold a hearing concerning such dangerous th and unsafe structure on Monday, January 28, 2008 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law §130(16). th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION CLARIFYING PAYMENT OF HEALTH INSURANCE PREMIUMS BY CERTAIN RETIREES’ SURVIVING SPOUSES RESOLUTION NO.: 77, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 325 TOWN BOARD MEETING 01-14-2008 MTG. #3 WHEREAS, there are currently four (4) surviving spouses of Town of Queensbury retirees and such surviving spouses are receiving benefits under the Town’s health insurance plan, and WHEREAS, the Town wishes to treat such surviving spouses fairly and consistently in terms of the amount that such surviving spouses pay for monthly health insurance premiums, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the four (4) surviving spouses of Town retirees currently receiving health insurance benefits referenced in this Resolution each pay an amount equal to the Town employees’ share of st health insurance premiums effective February 1, 2008, and BE IT FURTHER, RESOLVED, that future Town of Queensbury retirees and their surviving spouses shall pay their health insurance premiums in accordance with the Town of Queensbury’s Employee Handbook §701 entitled “Health Insurance – Retired Employees,” and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of January, 2008 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING BADGER METER INC. TO CONTINUE PROVIDING RADIO READ METERS AND ACCESSORIES TO TOWN WATER DEPARTMENT DURING 2008 RESOLUTION NO.:78, 2008 326 TOWN BOARD MEETING 01-14-2008 MTG. #3 INTRODUCED BY: Mr. John Strough WHO MOVED ITS SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board previously authorized Badger Meter, Inc. to provide radio read meters and accessories to the Town Water Department, and WHEREAS, the Water Superintendent has recommended that the Town of Queensbury continue to use the Badger meter system and has therefore requested Town Board authorization to allow Badger Meter, Inc. to continue providing radio read meters and accessories to the Town Water Department during 2008 for a total sum not to exceed $125,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Badger Meter, Inc. to continue providing the Town of Queensbury Water Department with radio read meters and accessories during 2008 for a total sum not to exceed $125,000 to be paid for from Account No.: 40-8340-2300, as previously approved in the 2008 budget, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Budget Officer and/or Accountant to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of January, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR STATIONARY TRASH COMPACTOR AT TOWN SOLID WASTE TRANSFER STATION AT LUZERNE ROAD RESOLUTION NO.: 79, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION 327 TOWN BOARD MEETING 01-14-2008 MTG. #3 SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Landfill Equipment Operator wishes to advertise for bids for the purchase of a stationary trash compactor to replace the aging equipment currently in operation at the Luzerne Road Transfer Station with bid specifications prepared by the Town’s Engineer and bid package prepared by the Town Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for a stationary trash compactor in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this day of January 14, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE VEHICLES RESOLUTION 80.2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 328 TOWN BOARD MEETING 01-14-2008 MTG. #3 WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town’s Wastewater Director has declared a 1998 Jeep Cherokee Sport 4x4 used by the Wastewater Department as surplus, and WHEREAS, the Town’s Water Superintendent has declared a 1998 Chevrolet Pick- up Truck used by the Water Department as surplus, and WHEREAS, the Town’s Cemetery Superintendent has declared a 1993 Ford F-350 Dump Truck used by the Cemetery as surplus, and WHEREAS, the Wastewater Director, Water Superintendent and Cemetery Superintendent advised Town Departments of the surplus vehicles in their respective departments and they did not receive any requests from the Departments for the vehicles and therefore they have requested Town Board authorization to sell the vehicles by advertising in the official Town newspaper, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the sale of the vehicles that are no longer needed by the Town or obsolete, as specifically delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids to sell the surplus vehicles in the official newspaper for the Town of Queensbury, and that all Town proceeds from the sales shall be deposited in accordance with the Queensbury Town Code and Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Stec 329 TOWN BOARD MEETING 01-14-2008 MTG. #3 NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF 2008 FORD RANGER EX FOR USE BY TOWN COMMUNITY DEVELOPMENT DEPARTMENT RESOLUTION NO.: 81, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Zoning Administrator has advised the Town Board that he wishes to purchase one (1) 2008 Ford Ranger XL Super Cab, 4x4, for use by the Town’s Community Development Department (Zoning), and WHEREAS, the Town’s Fleet Committee approved this vehicle purchase request and such proposed purchase has been budgeted in the 2008 budget, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC62882, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Zoning Administrator’s purchase of one (1) 2008 Ford Ranger XL Super Cab, 4x4 from Fairport Ford, LLC in accordance with New York State Contract #PC62882 for an amount not to exceed $15,931.62 to be paid for from funds budgeted in the current year from Account No.: 01-1640-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Zoning Administrator and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of January, 2008 by the following vote: 330 TOWN BOARD MEETING 01-14-2008 MTG. #3 AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF 2008 CHEVROLET TRAILBLAZER 4WD FOR USE BY TOWN COMMUNITY DEVELOPMENT DEPARTMENT RESOLUTION NO.: 82, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Director of Building and Codes has advised the Town Board that he wishes to purchase one (1) 2008 Chevrolet Trailblazer 4WD for use by the Town Fire Marshal’s Office, and WHEREAS, the Town’s Fleet Committee approved this vehicle purchase request and such proposed purchase has been budgeted in the 2008 budget, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC62876, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Director of Building and Code’s/Fire Marshal’s purchase of one (1) 2008 Chevrolet Trailblazer 4WD from Hoselton Chevrolet, Inc. in accordance with New York State Contract #PC62876 for an amount not to exceed $21,269.29 to be paid for from funds budgeted in the current year from Account No.: 01-1640-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement, Fire Marshal and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. 331 TOWN BOARD MEETING 01-14-2008 MTG. #3 th Duly adopted this 14 day of January, 2008 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION APPOINTING RONALD MONTESI TO ADIRONDACK REGIONAL BUSINESS INCUBATOR BOARD RESOLUTION NO. 83, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Adirondack Regional Business Incubator Board (ARBI) is an organization created to facilitate economic growth and business in area municipalities, including the Town of Queensbury, and WHEREAS, the Queensbury Town Board wishes to appoint Councilman Ronald Montesi as the Town’s representative on the ARBI for a three year term, such term to continue thereafter until a successor is duly appointed or elected, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Councilman Ronald Montesi to the Adirondack Regional Business Incubator Board for a three year term, such term to continue thereafter until a successor is duly appointed or elected, and authorizes and directs Councilman Montesi to take any necessary action to effectuate the terms of this Resolution. th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None ABSTAIN: Mr. Montesi 332 TOWN BOARD MEETING 01-14-2008 MTG. #3 RESOLUTION APPOINTING DONALD KREBS AS ALTERNATE MEMBER ON QUEENSBURY PLANNING BOARD RESOLUTION NO. 84,2008 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury previously established the Town’s Planning Board in accordance with applicable New York State law, and WHEREAS, a vacancy for an alternate member position exists on the Planning Board, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Donald Krebs as such alternate member, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Donald Krebs to serve as an alternate member of the Queensbury Planning Board until such term expires on December 31st, 2014. th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : Mr. Strough ABSENT: None - Discussion held: Councilman MetivierI do have some concerns now that Mr. Cathers has come forward with this and I posed a question to Ron is there only two alternates? Supervisor Stec-Yes by law we are authorized two alternates. Councilman Montesi-Are there any vacancies coming up this year on the Planning Board? Supervisor Stec-No, there is typically turn over on these Boards anyways. Councilman Montesi-I served with Don Krebs on the Planning Board for five years and I like Don, I would say that he is business oriented he served fairly with me. I know we had our differences and that is probably good. One of the things that does concern me here is that we have some important things as someone mentioned, issues coming up and we really need to fill these positions. When I first came on the Board Dan made us aware that there was going to be some openings on the Planning Board and there are some volatile issues coming up and we all did our homework and found some folks that had an interest unfortunately the name Cathers never came up to me, so I like Don I know him I know that I served with him so I do not have a problem with this candidate. Councilman Metivier-I was quite pleased with the two candidates that we interviewed as well I was very pleased 333 TOWN BOARD MEETING 01-14-2008 MTG. #3 with them and its funny how we have been begging for people to come on these boards and now we have a situation where we have technically one too many. I was quite please with the two candidates that we interviewed. Supervisor Stec-As Ron mentioned Don Krebs had served in the 80’s for five years on this Town’s Planning Board and then also not mentioned yet tonight but certainly I think extremely relevant, not to be overlooked is when we were looking and begging for people to join the Planning Ordinance Review Committee to help us with the Comprehensive Land Use Plan preparation, Don Krebs raised his hand and he served admirably on that. He certainly knows the town, the towns planning process and he has been there for us in the past. Councilman Strough-My position is there is no immediacy we do have seven current full time members and the Board can even function with four. Another three weeks, two weeks, a month really would not make any difference in the scheme of things but that is my opinion. RESOLUTION APPOINTING PAUL SCHONEWOLF AS ALTERNATE MEMBER ON QUEENSBURY PLANNING BOARD RESOLUTION NO. 85,2008 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury previously established the Town’s Planning Board in accordance with applicable New York State law, and WHEREAS, a vacancy for an alternate member position exists on the Planning Board, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Paul Schonewolf as such alternate member, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Paul Schonewolf to serve as an alternate member of the Queensbury Planning Board until such term expires on December 31st, 2014. th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : Mr. Strough ABSENT: None 334 TOWN BOARD MEETING 01-14-2008 MTG. #3 Discussion held: Supervisor Stec-Paul Schonewolf, has a long history of volunteerism in this town and in others and in fact again, I think underlining his exceptional qualification as a candidate former Town Board Member in Niskayuna and a former member of the Zoning Board of Appeals in Niskayuna. Somebody that certainly understands the State Laws, Seqra and has worked with it first hand as a Board Member. Again, a very exceptionally qualified candidate. RESOLUTION APPOINTING KAREN BODENWEISER AS QUEENSBURY CENTER COORDINATOR ON PERMANENT BASIS RESOLUTION NO. 86, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 373,2006, the Queensbury Town Board appointed Karen Bodenweiser (formerly known as Karen “Kirkpatrick”) as Senior Citizen Program Coordinator (now known as the “Queensbury Center Coordinator”) on a provisional basis until such time as Ms. Bodenweiser successfully completed the Warren County Civil Service Exam for such position, and WHEREAS, Ms. Bodenweiser has successfully passed the Warren County Civil Service Exam for such position and therefore the Town Board may appoint her on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Karen Bodenweiser to the position of Queensbury Center Coordinator on a permanent basis subject to an eight th (8) month probation period effective January 9, 2008, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, and/or Town Budget Officer to complete any forms necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of January, 2008 by the following vote: 335 TOWN BOARD MEETING 01-14-2008 MTG. #3 AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR EASTERN NY MARINE TRADES ASSOCIATION RESOLUTION NO.: 87, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Eastern NY Marine Trades Association (Marine Trades) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant th Market License to conduct a transient merchant market from March 13 through March th 16, 2008 for the sale of boats, docks, boat lifts and related accessories at the Adirondack Sports Complex, 326 Sherman Avenue, Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the Town’s Zoning Administrator has advised the Town Board that he has reviewed the application materials and they are consistent with the requirements for such uses, and since the 2008 application depicts the same level of operations as approved with the applicant’s 2007 Transient Merchant License, it is not necessary to again refer the application to the Planning Board for site plan review, and WHEREAS, by Resolution No.: 307, 2007, the Town Board advised the owner of the Adirondack Sports Complex, that he must seek approval for a modification to the existing site plan approval to address the outstanding site deficiencies and seek a generic approval recommendation from the Town Planning Board relative to the conduct of all future transient merchant markets at the Complex with such site plan modification approval to be completed before the Town Board would consider and/or approve such future transient merchant markets at the Complex, and the generic recommendation, if issued, would be considered by the Town Board when reviewing future transient merchant market applications for the complex, and 336 TOWN BOARD MEETING 01-14-2008 MTG. #3 rd WHEREAS, on October 23, 2007 the Town Planning Board reviewed Site Plan 17-2004 - Adirondack Sports Complex - and issued a generic approval recommendation relative to all future transient merchant markets at the Complex, and WHEREAS, the Town Board has considered the Planning Board’s generic recommendation in connection with the application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Queensbury Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Eastern NY Marine Trades Association (Marine Trades) to conduct a transient merchant market for the sale of boats and boating accessories at the Adirondack Sports Complex, 326 Sherman Avenue, Queensbury, subject to the following: 1. Marine Trades must pay all fees as required by Town Code Chapter 160; 2. Marine Trades must submit a bond in the amount of $10,000 as required by Chapter 160; 3. Marine Trades must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; thth 4. The License shall be valid only from March 13 through March 16, 2008 from thth Noon to 8:00 p.m. on March 13 and 14; from 9:00 a.m. to 7:00 p.m. on March thth 15;and from 10:00 a.m. to 5:00 p.m. on March 16, and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Marine Trades must comply with all regulations specified in Town Code §160-8. th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 337 TOWN BOARD MEETING 01-14-2008 MTG. #3 RESOLUTION APPROVING NORTHEAST WINTER CLASSIC ALL- BREED DOG SHOW’S TRANSIENT MERCHANT/ TRANSIENT MERCHANT MARKET APPLICATION RESOLUTION NO.: 88, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Northeast Winter Classic All Breed Dog Show has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market for such Dog Show from February 1st – 3rd, 2008 at the Adirondack Sports Complex, 326 Sherman Avenue, Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, by Resolution No.: 307, 2007, the Town Board advised the owner of the Adirondack Sports Complex, that he must seek approval for a modification to the existing site plan approval to address the outstanding site deficiencies and seek a generic approval recommendation from the Town Planning Board relative to the conduct of all future transient merchant markets at the Complex with such site plan modification approval to be completed before the Town Board would consider and/or approve such future transient merchant markets at the Complex, and the generic recommendation, if issued, would be considered by the Town Board when reviewing future transient merchant market applications for the complex, and rd WHEREAS, on October 23, 2007 the Town Planning Board reviewed Site Plan 17-2004 - Adirondack Sports Complex - and issued a generic approval recommendation relative to all future transient merchant markets at the Complex, and WHEREAS, the Town Board has considered the Planning Board’s generic recommendation in connection with the application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Queensbury Town Board hereby grants a Transient Merchant/Transient Merchant Market License to the Northeast Winter Classic All-Breed Dog Show (Dog Show) to conduct a transient merchant market for such Dog Show from strd February 1 – 3, 2008 at the Adirondack Sports Complex, 326 Sherman Avenue, Queensbury, subject to the following: 4. The Dog Show must pay all fees as required by Town Code Chapter 160; 338 TOWN BOARD MEETING 01-14-2008 MTG. #3 5. The Dog Show must submit a bond in the amount of $10,000 as required by Chapter 160; 6. The Dog Show must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; strd 7. The License shall be valid only from February 1 – 3, 2008 during the hours of 8:00 a.m. – 6:00 p.m. and the license shall expire immediately thereafter; 8. The Transient Merchant License shall not be assignable; and 9. The Dog Show must comply with all regulations specified in Town Code §160- 8. th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR MOBILE HOME PARK EXPANSION FOR QUEENSBURY VILLAGE MOBILE HOME PARK RESOLUTION NO.: 89, 2008 INTRODUCED BY : Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Queensbury Town Board previously approved the Queensbury Village Mobile Home Park located on Petrie Lane off Warren Lane, Queensbury (Mobile Home Park) and owned by Sam Wahnon (Owner), and WHEREAS, by Town Board Resolution No. 379.2000, the Town Board authorized an expansion of the Mobile Home Park by four (4) lots for a total of 53 lots, and 339 TOWN BOARD MEETING 01-14-2008 MTG. #3 th WHEREAS, by letter to the Queensbury Town Clerk dated April 28, 2006, the Owner applied for a modification to the existing plan to permit double-wide mobile homes on all of the lots in the Mobile Home Park, and WHEREAS, in accordance with Town Code §113-23 and §113-17, any modification to an existing Mobile Home Park first requires referral by the Town Board to the Town Planning Board for report and recommendation before the Town Board may approve the modification, th WHEREAS, on December 20, 2007, the Town Planning Board recommended site plan approval of the proposed modification to the existing plan to permit double-wide mobile homes on all of the lots in the Mobile Home Park, and WHEREAS, the Zoning Administrator has determined that there are no involved agencies for SEQRA purposes concerning this proposed modification, and WHEREAS, before the Town Board may approve the requested modification, it must first conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, January 28, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be heard concerning Sam Wahnon’s proposed modification of the Queensbury Village Mobile Home Park, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to provide 10 days notice of the public hearing by publishing a notice of public hearing in the Town’s official newspaper and posting the notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send a copy of the notice to all property owners located within 500' of the subject area. th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi 340 TOWN BOARD MEETING 01-14-2008 MTG. #3 NOES : None ABSENT: None RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT WITH CITY OF GLENS FALLS CONCERNING CONSTRUCTION OF PARKING LOT IN VICINITY OF CRANDALL PARK CROSS-COUNTRY SKI TRAILS RESOLUTION NO.: 90, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury (Town) and the City of Glens Falls (City) are immediately adjacent municipalities whose residents make use of the cross-country ski trails available at Crandall Park (Park), and WHEREAS, the City has requested assistance from the Town in the form of labor and equipment to clear trees and stumps and do associated work for construction of a parking lot in the vicinity of such cross-country ski trails at the Park, and WHEREAS, an agreement between the two municipalities would benefit both communities and be in the best interests of the respective municipalities, and WHEREAS, in accordance with General Municipal Law §119-0, municipal corporations, including cities and towns, are permitted and encouraged to enter into cooperative agreements such as this, and WHEREAS, a proposed Intermunicipal Agreement has been prepared and presented at this meeting, which Agreement includes a mutual, reciprocal hold harmless/indemnification provision and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Intermunicipal Agreement with the City of Glens Falls concerning the Town’s provision of assistance in the form of labor and equipment to complete construction of a parking lot in the vicinity of the cross-country ski trails in Crandall Park as described in this Resolution, and 341 TOWN BOARD MEETING 01-14-2008 MTG. #3 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor and/or Town Highway Superintendent to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of January, 2008 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None Discussion held: Supervisor Stec-This is the City Rec. Dept. contacted our Rec. Dept. and involved our Highway Dept., there is property that the City owns on Dixon Road adjacent to Coles Woods that the City would like our assistance in clearing the brush in there to clear an area for a very small parking lot for folks that access Coles Woods Trails and we cannot go on property that the Town does not own without an agreement similar to this in place. Noted that the Queensbury Residents will benefit from this as well. Councilman Strough-There is a house there that the City owns there has been issues with teenagers using it for the wrong purposes, we are also getting complaints from neighbors that the mold and mildew build up in that old house is affecting people that are living adjacent to it. I also get people that are concerned that live on Hughes Court they are concerned about the lighting on the trial in back of them. If the trail is lit at night is it going to be lit all night or certain hours. Do they have to put high lighting or could they put low lighting? Can they put a fence up, these are all questions those neighbors have asked. Asked if there is going to be an opportunity to sit down with the Glens Falls Common Council and talk about some of these issues? We are in favor of expanding the trail system and providing parking. Supervisor Stec-For starters I will make a phone call to the Mayor on these issues. RESOLUTION AUTHORIZING AMENDED PURCHASING POLICY RESOLUTION NO.: 91, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, The Town of Queensbury previously adopted a Town of Queensbury Purchasing Policy (Policy), and WHEREAS, the Town Board wishes to make certain revisions to such Policy and a proposed amended Policy is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the amended Town Purchasing Policy presented at this meeting, and 342 TOWN BOARD MEETING 01-14-2008 MTG. #3 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to distribute copies of such amended Purchasing Policy to all Town Department Managers, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of January, 2008 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT : None RESOLUTION TO AMEND 2007 BUDGET RESOLUTION NO.: 92, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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 Budget Officer and/or Accountant, 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 amend the 2007 Town Budget as follows: General Fund From To Code Appropriation Code Appropriation $ General Fund 001-1110-1010 Court Wages 001-1110-4150 Steno 1,000 001-1670-4010 Central Mailing Supplies 001-1660-4010 Central Storeroom 205 001-3510-1020 Animal Ctrl. O/Time 001-3410-4110 Fire Code Vehicle Repair 450 343 TOWN BOARD MEETING 01-14-2008 MTG. #3 001-4010-4400 Bd. of Health Misc. 001-4020-4135 Vital Statistics 200 001-5410-4477 Sidewalk Clearing 001-5182-4305 Street Lights 5,000 001-6410-4532 Newsletter Publishing 001-7020-1010 Recreation Admin Wages 1,500 001-7550-4534 Celebrations Awards 001-7620-1010 Senior Citizen Wages 1,350 001-8020-1010 Planning Wages 001-8989-4414 Community Services 1,000 Cemetery 002-9010-8010 Retirement 002-8810-4400 Misc. Contractual 50 002-9010-8010 Retirement 002-8810-4800 Equipment Repair 1,000 002-9060-8060 Health Insurance 002-8810-4500 Heating Fuel 2,000 002-9060-8060 Health Insurance 002-8810-1010 Wages 690 002-9060-8060 Health Insurance 002-8810-1020 Overtime 650 002-9040-8040 Workers' Comp 002-9030-8030 Social Security 335 Highway 004-5142-1010 Wages 004-5142-4641 Melting Agents 2,000 004-5142-1020 Overtime 004-5142-4641 Melting Agents 1,000 004-9010-8010 Retirement 004-5142-4641 Melting Agents 5,000 004-9030-8030 Social Security 004-5142-4641 Melting Agents 5,000 004-9040-8040 Workers' Comp 004-5142-4641 Melting Agents 9,500 004-9040-8060 Health Insurance 004-5142-4641 Melting Agents 26,500 004-9040-8041 S.Group Admin Fees 004-5142-4642 Fuel Surcharge 450 Fire/Ems 005-0000-0599 Fund Balance 005-3410-4400-4981 Misc. Contractual EMS 7,500 005-9025-8025-4980 Service Awd Fire 005-3410-4401-4980 CPA Audit Fire 1,000 005-0000-0599 Fund Balance 005-3410-4401-4981 CPA Audit EMS 1,000 Solid Waste 009-9060-8060 Health Insurance 009-8160-1010 Wages 2,000 009-8160-4002 Monitoring 009-8160-1010 Wages 900 009-8160-2001 Misc. Equipment 009-8160-1020 Overtime 85 009-9010-8010 Retirement 009-9030-8030 Social Security 350 Cleverdale Lighting 021-0000-0599 Fund Balance 021-5182-4305 Street Lights 170 South Qby Lighting 023-0000-0599 Fund Balance 023-5182-4305 Street Lights 1,200 West Qby Lighting 024-0000-0599 Fund Balance 024-5182-4305 Street Lights 45 Qby Lighting 025-0000-0599 Fund Balance 025-5182-4305 Street Lights 850 Quaker Rd. Sewer 032-8110-4010 Office Supplies 032-8110-1010 Wages 25 S Qby Sewer 035-9710-7010 Bond Interest 035-8130-4425 Sewage Treatment GF 2,100 Rt. 9 Sewer 036-8120-4100 Telephone 036-1650-4100 Telephone Central Comm 10 Shore Colony Water 047-8310-4400 Admin. Misc. Contractual 047-8340-4400 Transm. Misc. Contr. 700 th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION TO AMEND 2008 BUDGET RESOLUTION NO.: 93, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION 344 TOWN BOARD MEETING 01-14-2008 MTG. #3 SECONDED BY: Mr. Tim Brewer 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 Budget Officer and/or Accountant, and WHEREAS, such wage contingencies were adopted by the Town Board in the Town’s 2008 Budget and a 3% wage increase was determined after the Town’s 2008 Budget was adopted, 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 amend the 2008 Town Budget as follows: GENERAL Dept Code Appropriation Increase Decrease Court 001-1110-1010 Wages 12,000 001-1110-1020 Ot 75 Supervisor 001-1220-1010 Wages 2,200 Accounting 001-1315-1010 Wages 6,800 001-1315-1010 ot 25 Rec Taxes 001-1330-100 Wages 2,215 Purchasing 001-1345-1010 purchas 150 Assessor 001-1355-1010 Wages 6,050 001-1355-1020 Ot 3,100 Town Clerk 001-1410-1010 Wages 4,000 T Counsel 001-1420-1010 Wages 1,420 Rec Management 001-1460-1010 Wages 975 Bldg & Grounds 001-1620-1010 Wages 9,275 001-1620-1020 ot 425 Central Mailroom 001-1670-1010 Wages 870 IT 001-1680-1010 Wages 4,025 001-1680-1020 Ot 50 Crossing Guards 001-3120-1010 Wages 500 Fire Code Enf. 001-3410-1010 Wages 2,300 001-3410-1020 Ot 10 Animal Ctrl 001-3510-1010 Wages 950 001-3510-1020 Ot 25 Buildgs & Codes 001-3620-1010 Wages 7,000 Hwy Admin 001-5010-1010 Wages 8,000 001-5010-1020 Ot 150 Recreation 001-7020-1010 Wages 18,000 001-7020-1020 Ot 15 Parks 001-7110-1010 Wages 6,200 001-7110-1020 Ot 110 Historian 001-7510-1010 Wages 325 Senior Citizen 001-7620-1010 Wages 10,900 Zoning 001-8010-1010 Wages 6,250 001-8010-1020 Ot 100 Planning 001-8020-1010 Wages 6,500 001-8020-1020 Ot 75 121,065 Wages Contingency 001-1990-1010 121,065 345 TOWN BOARD MEETING 01-14-2008 MTG. #3 3% Raise for NON Union Distribution from Contractual CEMETERY Dept Code Appropr. Increase Decrease Cemetery 002-8810-1010 wages 7,550 002-8810-1020 o/t 250 7,800 Contingency Wages 002-1990-1010 7,800 HIGHWAY Repairs 004-5110-1010 wages 16,000 004-5110-1020 o/t 300 Machinery 004-5130-1010 wages 2,400 004-5130-1020 o/t 125 Snow 004-5142-1010 wages 14,500 004-5142-1020 o/t 2,900 36,225 Contingency Wages 004-1990-1010 36,225 TRANSFER STATION Transfer Station 009-8160-1010 wages 4,800 009-8160-1020 o/t 400 5,200 Contingency Wages 009-1990-1010 5,200 WASTEWATER Admin 032-8110-1010 wages 2,900 Sanitary Sewer 032-8120-1010 wages 3,300 032-8120-1020 o/t 250 6,450 Contingency Wages 032-1990-1010 6,450 WATER Admin 040-8310-1010 wages 5,500 040-8310-1020 o/t 50 Supply 040-8320-1010 wages 10,300 040-8320-1020 o/t 2,200 Purification 040-8330-1010 wages 1,900 Transmission 040-8340-1010 wages 14,000 040-8340-1020 o/t 500 34,450 Contingency Wages 040-1990-1010 34,450 th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION TO AMEND 2008 BUDGET IN CONNECTION WITH PAYMENT FOR CERTAIN LEGAL SERVICES RESOLUTION NO.: 94, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 346 TOWN BOARD MEETING 01-14-2008 MTG. #3 WHEREAS, the Queensbury Town Board has engaged the services of Bartlett, Pontiff, Stewart & Rhodes, P.C. (BPSR) and Preferred Advocates, Ltd., to assist the Town in upcoming Union negotiations after the 2008 Town Budget had been adopted, and WHEREAS, the following Budget Amendment will allow for payment of services rendered by Bartlett, Pontiff, Stewart & Rhodes, P.C. (BPSR) and Preferred Advocates, Ltd., and WHEREAS, the following amendments are justified and deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer and/or Accountant, 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 amend the 2008 Town Budget as follows: Fromto GENERAL 001-1990-1010Wage Contingencies001-1430-4130Personnel Legal Fees $11,803.00 WASTEWATER 032-1990-1010Wage Contingencies032-8110-4130Legal Fees $ 518.00 WATER 040-1990-1010Wage Contingencies040-8310-4130Legal Fees $ 2,679.00 th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi ]NOES : None ABSENT: None RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM LANDFILL POLLUTION RESERVE TO LANDFILL EQUIPMENT RESERVE RESOLUTION NO.: 95, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 347 TOWN BOARD MEETING 01-14-2008 MTG. #3 WHEREAS, the Town Budget Officer has advised the Town Board that a transfer is needed in the amount of $225,000 from the Landfill Pollution Reserve Fund Project #0063 to the Landfill Equipment Reserve Fund Project #112, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the transfer of $225,000 from the Landfill Pollution Reserve Fund Project #0063 to the Landfill Equipment Reserve Fund Project #112, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to transfer funds and amend the 2008 Town Budget accordingly and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED PURCHASE OF LOADER FROM TOWN LANDFILL EQUIPMENT RESERVE FUND RESOLUTION NO.: 96, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury's Landfill Equipment Operator has advised the Queensbury Town Board that he wishes to purchase a Volvo L70F Wheel Loader for use at the Town’s Landfills to be funded from the Fund’s Landfill Equipment Reserve, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC62326, 348 TOWN BOARD MEETING 01-14-2008 MTG. #3 WHEREAS, the Town Board must conduct a public hearing before approving any purchases made from the Town’s Landfill Equipment Reserve, 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 January 28, 2008 to hear all interested persons and take any necessary action provided by law concerning the Town’s proposed purchase of a Volvo L70F Wheel Loader from Vantage Equipment in accordance with New York State Contract #PC62326 for an amount not to exceed $120,882.00 for use at the Town’s Landfills from the Town’s Landfill Equipment Reserve Fund, 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 the proposal in the manner provided by law. th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF JANUARY 14, 2008 RESOLUTION NO.: 97,2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of January 10, 2008 and a payment date of th January 15, 2008, NOW, THEREFORE, BE IT 349 TOWN BOARD MEETING 01-14-2008 MTG. #3 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of January 10, 2008 and payment date of January 15, 2008 totaling $592,597.93, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of January, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None V.CORRESPONDENCE Year end report 2007 Landfill on file Year end report 2007 Community Development on file Year end report 2007 Town Clerk’s Office on file Ltr. From John Salvador Jr. re: Hoffman Boathouse on file VI.PRIVILEGE OF THE FLOOR (LIMIT – 4 MINUTES) Mr. Paul Schonewolf- 239 Assembly Point Road 1. Thanked the Board for their support 2.Transient Merchant Market License – I have heard in other communities they exempt sporting events and trade shows. st Mr. John Salvador-On January 1. this Board authorized the execution of agreements between the Town and nineteen different not for profit private non governmental organizations, these agreements constitute a illegal gift of the town’s money and a violation of your oath. Spoke against the use of bed tax monies being used for not for profits. If this continues it may be necessary to bring this Board in front of the judiciary. You have violated your oath of office, you have violated the gifting provisions of the Constitution and you are in violation of the Warren County allocation program. Mr. Pliney Tucker-41 Division Road, Queensbury What would the Queensbury Town taxes have been if we had not given the two and a half million in advance? Supervisor Stec-Two million was given …67 cents per thousand… Mr. Tucker-Noticed on the tax bill that the library tax went up 57%, I hate to do this but I have got to protest paying my library tax, I am going to pay them but I will protest paying them. That is ridiculous for an organization that is one hundred percent illegal. Supervisor Stec-I will add for you, in your opinion. Mr. Eugene Casella-Lake Sunnyside – 4.3 Mr. Potter, noted that he delivers meals on wheels to him, spoke on his living conditions will be at the hearing. Spoke on the light at the corner of Bay and Haviland, the worst light in Queensbury, sent pictures of accidents at 350 TOWN BOARD MEETING 01-14-2008 MTG. #3 that corner to Sheriff Cleveland and Highway Supt. Missita and Mr. Bill Lamy- the fix is simple, need a left turn signal. Dr. Mark Hoffman-Re: Aviation Road corridor/School and Town’s Plan Went to a meeting last summer at the Ramada where the engineers were speaking about the revisions to Aviation Road, noted that there was support for more and safer pedestrian access. Traffic circles seems like a good idea and make traffic flow better, my concern is the overall concept is really same old, same old from the towns standpoint and from the school’s standpoint, which is if you have a lot of traffic and you are expecting more people and more students and more traffic just build more to accommodate more traffic. My thought specifically with regard to the school if the school needs to expand they need to start thinking about expanding into a neighborhood school in some other neighborhood. The Central School Dist. was a great idea twenty, forty years ago for a town with five thousand, ten thousand, people maybe twenty thousand but once you get into thirty, forty thousand people in an automobile based town is crazy to try to squeeze that many cars into one place. We need to think about the same thing in regard to the Little League. Warren County Supervisor Dave Strainer-1. Who is paying for televising the meetings? Supervisor Stec-Costs approximately $1500. per month, historically it was covered the last three to four years by predominantly Glens Falls National Bank they were paying five hundred dollars, they decided to stop, that amount was far short of what it actually cost. We have had one business in town that I am aware of as of about a week ago according to TV8, that has agreed to sponsor at a $500. level that is Cool Insurance the other thousand dollars is yet to be established they are still looking for people. If there is anyone that thinks it is important to continue this or knows somebody TV8 is looking for additional sponsors. Warren Co.Supervisor Strainer-I see our fourth Ward is a huge disproportionate against Ward I have we thought about changing these lines to come up with a more equalization of each of the Wards. Ward 4 has more than three times the number of voters than Ward I and in the last election Ward I was only twenty voters short of how many voted in Ward 4. Supervisor Stec-The population in Ward 4 is larger than any other two Wards put together. The law allows us to do one of a couple things, we could re-district, we could go to an all at large board or we could go to a seven member board. Warren Co. Supervisor Strainer-I noticed that we changed polling district in Ward 2 and we have taken away the polling dist. at the Hilands? Those people will come here now? Councilman Montesi-South Queensbury and Hiland will also come here. Warren Co. Supervisor Strainer-Suggested contacting Queensbury School to change the polling locations to the High School. VII.TOWN BOARD DISCUSSIONS Ward I. Councilman Anthony Metivier - I will meet with the engineer tomorrow up on Hillman Road with some landowners up there, there has been a serious problem for the last twenty years and I know it is probably not the best time with the ground frozen but we are going to see if we can figure something out. I do hope that Mr. Cathers will stay with us and if another opening does come up on the Planning Board I certainly would like to at least see his resume’. Ward II Councilman Ronald Montesi-If you have medical insurance with some other form as I do as a Town Board Member I opted out not to take medical insurance here at the Town, I am allowed to have ninety five dollars a month, I guess it is cheaper than paying medical insurance so I have decided to take the ninety five dollars a month and each month I am going to give it to a charity in town my first on is the DARE program in Glens Falls. Supervisor Stec-Just as a side note, the buzz in the Town Hall that you are a regular in there and I think that the Town staff appreciates it. 351 TOWN BOARD MEETING 01-14-2008 MTG. #3 Ward II Councilman Montesi-Tim and I will be representing the Board on the CSEA Contact negotiations. Ward III Councilman Strough- 1. Queensbury Senior Citizens – reviewed their various programs and encouraged Town of Queensbury Seniors to join. 2.Article in the New York Daily News- for cheaper cable – I will keep a watch on this. 3.State Senator Betty Little and State Assemblywomen Theresa Sayward, will draft a letter asking for their assistance pointing out problems that we have with redevelopment in our town and see if there is any way they can help us. Post Star th did an article on October 6 Main Street showing with the utilities, and Main Street with underground utilities and with the redevelopment program that we would like to have and it is the entrance to two municipalities, Queensbury and Glens Falls I think it is important that we make an extra effort as long as it is reasonable to do it, I just don’t think National Grid is being very reasonable. Ward IV Councilman Brewer-I will agree with John about National Grid and my position is still that we should get it done, go to court and get on with life and get Main Street done. Questioned if the Hazardous Waste Day been set? Supervisor Stec-We need to get the process started. Councilman Brewer-I will check with Keith to get that going. Keith has done a real good job, he has cleaned up Luzerne Road, we have a new building there. I would like to talk at a workshop to re-instate the newsletter, I think the Town is worthy, it could be done once or twice a year. We can put that out to bid. Supervisor Stec-1. Thanked TV8 and Cool Insurance for sponsoring the program. We are looking for additional sponsors. 2. Town website www.queensbury.net 3. To set the record straight, the Town has not done anything different with regard to non profits since I have been a Town Board Member, although there are some non profits that are tourism related the ones at that are tourism related are the ones that have been deemed eligible to receive occupancy tax funds not all non profits as was suggested earlier are being funded by nd the occupancy tax. 4. We will have workshop January 22. On agenda Main Street, also on the agenda MS4 and the Rec. Dept. wants to talk about West End Park and also about the purchase of a new vehicle, and the Town Newsletter. Wished everyone a Happy New Year this is the first regular meeting of the year, again I did not get a chance to do it on camera I want to welcome the two new Board Members, Toni Metivier and Ron Montesi. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 98.2008 INTRODUCED BY Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. th Duly adopted this 14 day of January, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, 352 TOWN BOARD MEETING 01-14-2008 MTG. #3 Miss Darleen M. Dougher Town Clerk-Queensbury