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2008-02-25 MTG #8450 TOWN BOARD MEETING 02-26-2008 MTG. #8 TOWN BOARD MEETING MTG.#8 FEBRUARY 25, 2008 RES. 144-163 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER BUDGET OFFICER BARBARA TIERNEY PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH I.PUBLIC HEARINGS 1.1 Public Hearing -2008 Fire Protection Service Agreement Between the Town of Queensbury and North Queensbury Volunteer Fire Company, Inc. NOTICE SHOWN PUBLICATION DATE: February 15, 2008 Supervisor Stec-Before I open the public hearing I will just, the background on this is it is a one year deal similar to the one, we have done two so far already, Bay Ridge and West Glens Falls Fire. This is the third of five we did the other two a couple of weeks ago. Also one year contract and the increase would be from last years total of three hundred and fifteen thousand to a proposed 2008 total of three hundred and twenty eight thousand or about a four percent increase. So, that is what this is about and if there is anyone that would like to comment on this public hearing, we would ask that you just raise your hand and I will call on people one at a time. Mr. Salvador Mr. John Salvador-Good evening my name is John Salvador, I am a resident in North Queensbury in the North Queensbury Volunteer Fire District, fire service area. I would like to draw your attention to page seven of the proposed contract and the three hundred and twenty eight thousand dollars. Was this the amount that was budgeted in the budget approved in November of last year? Supervisor Stec-No. Not that they are closely linked to each other but to answer your question, no it is a different number. The other number was significantly lower than last years contract even and this is where we landed with them on a negotiation. Mr. Salvador-The ah Supervisor Stec-And the reason why, I said was like a four percent increase, the reason why John, to interrupt you for just a second, is that they had a lot of debt that was coming off, however they are also anticipating, we are anticipating, have been for a couple of years, now the purchase of an engine tanker so they will be acquiring later this year after approval from the Town Board additional debt so that is why we said all right we will continue to fund you. Rather than cut their funding back and then only to ramp it up again. But, that was the rational. Mr. Salvador-The budget that was approved last year and I remind you Mr. Stec the budget was approved the day before election day. Supervisor Stec-It always falls right around there. Mr. Salvador-A most unusual circumstance. 451 TOWN BOARD MEETING 02-26-2008 MTG. #8 Supervisor Stec-Actually no John, it is always within a few days of the election. Mr. Salvador-After the election. In any case it was the day before the election and as I recall that public hearing no one from the fire companies commented on the budget. Supervisor Stec-Probably not. Mr. Salvador-Ok. Now there is in that budget there is one number for fire protection in the Town. Supervisor Stec-Correct. Mr. Salvador-Two million one hundred and eighty two thousand six hundred and eighty nine dollars. That is the number that has been approved by the Town Board for this year. My point is the pie is only so big, ok, now we are trying to divide that pie into five pieces that are going to add up to no more than the authorized budget. I think we have already approved two Supervisor Stec-Two, this would be the third. Mr. Salvador-and I do not know how those numbers compare Supervisor Stec-Their’s came in very close to what they were budgeted for. Mr. Salvador-In any case I would ask the question, what was the number that was included in the two million one hundred and eighty two thousand six hundred and eighty nine dollars for North Queensbury? Supervisor Stec-I do not know the exact number off the top of my head but it was definitely below the three hundred thousand. Mr. Salvador-It was below three hundred thousand. So, you are appropriating more than was budgeted. I would ask you by what authorization you can do that. Supervisor Stec-Again, that is a total number for all five of them, we have not cross that yet, if we do get to that threshold and I anticipate that it is likely we will and we have in the past, this is not the first instance where we have passed the budget for fire and ems and then conclude negotiations afterwords. There is a significant fund balance in fire and ems from which in the past and likely in the future we would hit or draw upon in order to cover that. I understand your point, but certainly we have done it this way before and our Attorneys have guided us every step of the way. Mr. Salvador-What is that fund balance? Supervisor Stec-Off the top of my head I was not prepared to answer questions on that, it is hundreds of thousand, it is not millions but it is probably three or four hundred thousand. We certainly, we anticipate that we certainly have wiggle room within the, we have room to negotiate. Mr. Salvador-What that represents is over taxation. If you have that large a fund balance and you are still awarding contracts greater than what has been approved it is over taxation. Supervisor Stec-John, you know that I do not need a lecture on over taxation, I cut my teeth on eliminating the town tax and doing the sales tax rebate. I have been pushing to get these budgets closer to reality, we are not there yet on all of them but we have made huge strides in the last five years. Councilman Brewer-Certainly Dan we have adopted our budget before we do these contracts, John. There is no crystal ball that tells us exactly what the number is going to be. We have to come in with some kind of a number to adopt the town budget, it is after 452 TOWN BOARD MEETING 02-26-2008 MTG. #8 the fact that we adopt these fire contracts and ems contracts so, they are negotiated after we adopt the budget so we have to commit to some kind of a number … Mr. Salvador-What you have is a unrealistic budget. Councilman Brewer-Not necessarily. Mr. Salvador-Look it has always been, I believe and I have witnessed in this town the preparation of these fire budgets before the budget is approved for the next year. Before. All done put to bed. Supervisor Stec-That is the ideal, that is our goal. Mr. Salvador-We are not even attempting to do that now. We are burying we are just burying behind the scene what is going into these budgets. If I could continue, Supervisor Stec-Sure. Mr. Salvador-The final paragraph in that section three or what ever you want to call it on page seven reads as follows; In the event that the North Queensbury Fire District is formed then the Town will withhold forty thousand dollars from the fire companies August 2008 payment which forty thousand dollars sum represents funds that were to be used for the Fire Companies 2008 Capital Equipment Acquisition. Supervisor Stec-The same language that we had in last years contract, the same understanding. Mr. Salvador-Did they spend the forty thousand dollars last year? Supervisor Stec-That is what I referred to you earlier, they are going to be purchasing a truck later this year that is going to cost up words of a half million dollars and they have got a little less than a hundred thousand I understand in their Capital Reserve. So, it is akin to the vehicle payments that we used to have and in fact North Queensbury Fire is the only one that has anything akin to that anymore and that is because they are the only ones that essentially debt free now. Mr. Salvador-Do other fire companies have capital equipment funds? Supervisor Stec-That is what I just said, no. We have not been funding them, they had them previously but they have not been funded recently. Mr. Salvador-This budget doesn’t have anything in it for other fire companies for capital equipment and yet North Queensbury gets forty thousand dollars. Supervisor Stec-North Queensbury is getting a contract that includes Mr. Salvador-Forty thousand dollars Supervisor Stec-Forty thousand dollars for purchase of, anticipated purchase of a vehicle. Mr. Salvador-That doesn’t seem right, it is not uniform. Supervisor Stec-Decades before, well, it doesn’t need to be uniform they are five separate non profits each with their own set of books and each with their own financial strengths and weaknesses. They are essentially debt free, they are looking to be able to put, their rational is they want to put a larger chunk down on this so that they are financing a smaller debt. They are the only ones that are in a position to do that. Mr. Salvador-It couldn’t be that they have more political strength? Supervisor Stec-Not at all. 453 TOWN BOARD MEETING 02-26-2008 MTG. #8 Mr. Salvador-Ok. All right. It says here that in the event that the North Queensbury Fire District is formed, is that a green light? Supervisor Stec-No, John like I said before that was in the contract last time and we did not change the language. Councilman Brewer-We put that in there last year John, Richard Sanford and I discussed that and came to that conclusion… Mr. Salvador-Now last year if they had formed the district that forty thousand dollars would have come back to the Town, right? Supervisor Stec-Yes. Mr. Salvador-Now it stays with them. Supervisor Stec-Correct. Mr. Salvador-Again this year if they do not form the district then it is not likely they are going to do it before January One is it? st Supervisor Stec-January 1. of 09? Mr. Salvador-Yea. Supervisor Stec-That is probably a fair statement. Mr. Salvador-Imagine what we have got to go through in this town to form that fire district, ok, you are going to get it done in ten months. Supervisor Stec-I am not saying that we are, again John, this was a hold over from last years board Mr. Salvador-So, my point is they get to keep another forty thousand dollars. Supervisor Stec-It is their contract John, up until a few years ago they were all getting forty thousand a year for vehicle payments. Mr. Salvador-Well, then why is this company the only one Supervisor Stec-Because they are the only one that is debt free, John. That is what I have been saying, I have been saying this over the last ten minutes, they are the only ones that are essentially debt free the rest of them have mortgages that will choke a horse. Mr. Salvador-It is no wonder they are debt free they have been given all this money. Supervisor Stec-In my opinion and I think it is a qualified one with out a doubt the most financially stable company of the five. Mr. Salvador-Because they have been very generously treated by this Board over the years. Ok. The forty thousand dollars is not likely to come back to the Town. Councilman Brewer-It is likely to go toward the truck. Supervisor Stec-Right it is likely to go toward the purchase of the truck. Councilman Brewer-We are going to pay for that truck one way or the other John. Mr. Salvador-This company is known to have significant reserves. Ok. Is known to have significant reserves because of the generosity of this Board. Now, these reserves have been reported to you, they are included in financial statements that you are aware of. As I understand it the reserves are composed of two components, one what they call private 454 TOWN BOARD MEETING 02-26-2008 MTG. #8 funds, donations, that they get from generous people in the fire district and the others are funds that are left over, equipment funds whatever have you, they Supervisor Stec-That is taxpayers money, those are there, those are two separate revenues streams that are not lawfully to be comingled. Mr. Salvador-One is derived from taxes. Supervisor Stec-Correct. Mr. Salvador-Now there is definitely a restriction on how they can use the funds that they receive from these private sources. Supervisor Stec-That is between them and the Mr. Salvador-right the donors. Ok. But that can be audited. That has to be in their tax report. Supervisor Stec-That has been the towns position since as long as I have been on the Town Board. Mr. Salvador-So, its these other funds that are derived from taxes, ok. What I have getting at is this fire company spent a significant amount of money last year putting out all of this information to foster the creation of a fire district. Supervisor Stec-That was out of their donated monies, the towns expectation and understand. Mr. Salvador-Out of their donated money, those are restricted funds, people Supervisor Stec-That is between them and the donors and I don’t know what the restrictions are John, somebody has a chicken barbeque you know and they say here is my five dollar entry you know I doubt very much that there is a string attached to that. Mr. Salvador-We are talking about hundreds Supervisor Stec-I understand what we are talking about. Mr. Salvador- of thousands, we are not talking about nickels and dimes, we are talking about hundreds of thousands of dollars, ok? Those donations believe me those people do not qualify for the tax deductions that they get unless the funds are restricted. No way can they spend those restricted funds that are donated on this sort of thing and you understand that. Ok. So, now, the question arises where did they get the money to do this unless they got it free. Supervisor Stec-That is a question for the fire company, John, Mr. Salvador-Well, why don’t we ask them. Supervisor Stec-that private no profit it is not a government agency, we have a contract for service which we have had for decades that has not changed the law on the subject has not changed. The nature of our contract hasn’t changed. Mr. Salvador-They are not allowed to misuse the funds. Supervisor Stec-I am not saying that they are, I am not agreeing with you that they are, I understand your concern that is a question that you should ask their Board of Directors. I understand, I think you are asking us to ask that question. Mr. Salvador-I kind of think it is incumbent upon you to ask that question. You can’t approve this budget without knowing and without exercising oversight on how this money is spent. You don’t just give the money away and that is the end of it 455 TOWN BOARD MEETING 02-26-2008 MTG. #8 Supervisor Stec-That is true. Mr. Salvador-There is an over sight responsibility. Supervisor Stec-Yes, there is. Mr. Salvador-Now, with regard to this if I could just take a moment with regard to this fire district if it is formed, the legislature has passed a series of laws and one of them recently and one of them deals with Codes of Ethics of Fire Districts. OK. I will just read you a paragraph out of the bill, it says that the governing body of each County, Town, City, Village etc. School District and Fire District shall, shall adopt a code of ethics setting forth for the guidance of its officers and employees and standards of conduct reasonably expected of them. Lets see, ok, now withstanding any other provision of this article to the contrary a fire district code of ethics shall also apply to the volunteer members of the fire district, fire department code of ethics shall apply etc. There is you, before we can get to this fire district, you folks have to put in place a code of ethics for them to be guided by. Supervisor Stec-Just to be clear we are not talking about doing that tonight. Mr. Salvador-Oh, understand. Supervisor Stec-I just want to make sure we are clear. Mr. Salvador-Understand, but I read into this, I read into this budget into this contract the green light to proceed with the fire district. It is kind of a green light you got a condition in here on which that is going to more ahead. Supervisor Stec-This is, John and again I will just restate this is the same language that was in last years contract and I think it is very safe for me to say that last years Town Board was not trying to green light anything here. Mr. Salvador-I have some serious concerns about the money they are spending for this sort of thing, I think I understood that in their proposed budget they had money in there eighty two thousand dollars for the purchase of a new fire boat, ok, is that the replacement of this fire boat in this brochure? Supervisor Stec-I assume so, yes, that is the Boat that they are talking about. Mr. Salvador-That looks like a pretty slick Supervisor Stec-This contract does not move forward with a replacement of a boat, no. Mr. Salvador-It doesn’t have the eighty two thousand but it has other monies in it. Supervisor Stec-Like I said anticipating for the truck replacement. Mr. Salvador-When it comes to the replacement of this boat why not out of the equipment reserve fund? Supervisor Stec-If it is, out of any money that is spent out of their equipment reserves or any debt to any of the fire companies or rescue squads take on requires resolution of approval from the Town Board. So, there is all kinds of protections between now and that point. Mr. Salvador-What assurance can you give us, me, that the fire company has not inappropriately used tax monies to fund whatever this costs? Supervisor Stec-Our audit that the Town ensures is completed every year for all the fire companies and rescue squads. There is an audit done by a CPA every year and that audit 456 TOWN BOARD MEETING 02-26-2008 MTG. #8 would have turned up if there is anything inappropriate done, I am confident. So, that is the assurance I give you. Mr. Salvador-Including the reserve? Including the reserve funds? Supervisor Stec-I am not a CPA, John, I can’t tell you, you know you are asking a question, you are asking me to sign on the dotted line of something that I would have to look into to give you, before I put my name on that. Mr. Salvador-You will then look into this? Supervisor Stec-Are you asking me to John? Mr. Salvador-Yes, I am asking you. Supervisor Stec-Ok, then I will do that. Mr. Salvador-I think it is your fiduciary responsibility. Supervisor Stec-I am aware of my responsibilities, thanks. Any thing else? Is there anyone else that would like to comment on this public hearing regarding the fire contract for North Queensbury fire. Mr. Auer? Mr. Doug Auer-Good evening I have just got a quick question. The ah, as I, this is something I only became aware of recently, it is my understanding that the Town of Bolton the Town line actually comes up to the Queensbury Shore Line along, so there is no islands or anything that is Queensbury property on Lake George, correct? Supervisor Stec-I believe that is true what you just said is accurate. Not a hundred percent sure but that is my understanding. Mr. Auer-It is my understanding also, I have not specifically looked at that but that was my understanding. So, I am puzzled I know Bolton has a boat, a fire boat, I know that the Sheriff’s Department piece of equipment has fire fighting capabilities and I also know that the Lake George patrol has the same thing. So, I am even wondering why are we paying for a boat if essentially the boat is docked in Bolton? It just begs the question. Supervisor Stec-You walked in while we were talking about that and you may not have caught it that although the original back last summer request involved the replacement of a boat it is not part of this contract that we are talking about tonight. They still operate a boat and they are likely to want to continue to do that but as far as specifically tonight… Mr. Auer-You know a basic boat is you know I saw the boat they have up there it is a pretty nice boat, you know. Councilman Metivier-I wanted to comment before to Mr. Salvador that actually that boat has to be put on a lift now because it sinks if it stays in the water. So, there are some serious problems with the boat itself. Mr. Auer-Then maybe we do not need a boat, I mean. Councilman Metivier-But, also North Queensbury responds to more distress calls on the lake not distress related boat calls but fire calls on the lake then I believe Bolton does. Mr. Auer-Well, that is why we have a Sheriff’s department that is why we have a Lake.. Councilman Metivier-It depends on the situation, everything is different. Mr. Auer-I know, this is, my point is this needs to be looked at very carefully, ok, because I was a volunteer also in a volunteer organization so I know what that means, my wife was a volunteer for fifteen years as a School Board Member so I understand all about volunteerism. This is no slight to volunteers, what this is, is a question relative to 457 TOWN BOARD MEETING 02-26-2008 MTG. #8 the efficacy of what it is that they need for equipment and you know, as I say and I am going to check this out a little bit greater detail to make sure, but if the water, where the water laps on the shore of Queensbury if that is Bolton then you know I got to in my own pea brain mind wonder does this, be something that we need, since the dock is essentially in Bolton. Councilman Metivier-I think if they do come with a request they are going to have the information for us. Mr. Auer-I mean, that is something to look at, this is the kind of, this is hard work ok, this is the kind of stuff that doesn’t get you on people’s Christmas lists, when you make these sort of decisions, but that is what you are there for. If government was easy then you know I might even be doing it, you know, it is not meant to be easy, you know it is real work. Thank you. Supervisor Stec-Is there anyone else that hasn’t gone yet that would like to comment on this public hearing? Mr. Salvador, you want to come back? Mr. Salvador-With regard to Mr. Metivier’s comment concerning the fact that the boat has to be kept on a lift because it is leaking it is not really serviceable emergency vehicle then is it. And there are boat repair places all over that lake, we have them in North Queensbury Councilman Metivier-My point was is that you made the boat out to be this beautiful luxury, you know, yacht and it is not, it is an old boat. Mr. Salvador-Pretty spiffy looking boat, I will tell you. Councilman Metivier-Well, you know pictures, you know, come on I mean. Supervisor Stec-I want to re-emphasize that this contract does not include replacement of this boat. If we are talking about the same boat it is the spider which was the boat that was essentially surplus from Warren County Sheriff’s Department a couple of years ago to North Queensbury Fire as the Sheriff’s Department got a new boat and this was a hand me down from the Sheriff’s Department. Councilman Metivier-I will make sure to have all the statistics on their calls. Mr. Salvador-I am sure that there monies in that budget to repair it. Ok. Maintenance and repair that.. Supervisor Stec-Yes, I am sure there are. Mr. Salvador-Well, there is no reason for the thing to be on a lift, believe me. Supervisor Stec-Thanks Mr. Salvador, any body else on North Queensbury Fire’s 2008 Contract. Ok. I will close the public hearing. I will entertain a motion. RESOLUTION APPROVING 2008 FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 144, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 458 TOWN BOARD MEETING 02-26-2008 MTG. #8 WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the North Queensbury Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board duly conducted a public hearing concerning the proposed th Agreement on Monday, February 25, 2008 and heard all interested persons, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the North Queensbury Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of February, 2008, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi 1.2 Public Hearing – Withdrawal From Landfill Equipment Reserve Fund and Awarding Bid For Stationary Trash Compactor At Town Solid Waste Transfer Station At Luzerne road NOTICE SHOWN 459 TOWN BOARD MEETING 02-26-2008 MTG. #8 PUBLICATION DATE: February 15, 2008 Supervisor Stec-This we talked about at the last couple of meetings the lowest responsible bidder was United Services GP Inc. in the amount not to exceed thirty seven thousand four hundred and ninety five dollars. With that said if there is anyone that would like to comment on this from the public on this public hearing just again I would ask you to raise your hand. Anybody at all? Ok. I will close this public hearing. Any discussion by Town Board Members? Councilman Brewer-I would just say that this compactor has served its purpose, it is thirty years old and it is time to replace it. Councilman Strough-Yes, it is. Supervisor Stec-Yes, it is in tough shape. RESOLUTION AUTHORIZING WITHDRAWAL FROM LANDFILL EQUIPMENT RESERVE FUND AND AWARDING BID FOR STATIONARY TRASH COMPACTOR AT TOWN SOLID WASTE TRANSFER STATION AT LUZERNE ROAD RESOLUTION NO.: 145, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury's Landfill Equipment Operator advised the Queensbury Town Board that he wishes to purchase a stationary trash compactor to replace the aging equipment currently in operation at the Luzerne Road Transfer Station, such purchase to be funded from the Town’s Landfill Equipment Reserve, and WHEREAS, in accordance with Resolution No.: 79,2008, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the purchase of such stationary trash compactor in accordance with bid specifications prepared by the Town’s Engineer and bid package prepared by the Town Purchasing Agent, and WHEREAS, the Purchasing Agent and Landfill Equipment Operator have reviewed the submitted proposals and have recommended that the Town Board award the bid to the lowest responsible bidder, United Services GP, Inc., for an amount not to exceed $37,495.00, and WHEREAS, the Town Board duly conducted a public hearing concerning the th proposed purchase on Monday, February 25, 2008 and heard all interested persons, and 460 TOWN BOARD MEETING 02-26-2008 MTG. #8 § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from the Landfill Equipment Reserve Fund subject to permissive referendum, and WHEREAS, the Town Board previously authorized a transfer of funds from the Solid Waste Pollution Reserve to the Solid Waste Equipment Reserve, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the purchase of a stationary trash compactor to replace the aging equipment currently in operation at the Luzerne Road Transfer Station to be funded from the Fund’s Landfill Equipment Reserve for an amount not to exceed $37,495.00 as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for such purchase is an expenditure for a specific item of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that the Town Board hereby awards the bid for the purchase and installation of a stationary trash compactor, and the removal of the current compactor at the Luzerne Road Transfer Station, to United Services GP, Inc., for an amount not to exceed $37,495.00, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to effectuate the following 2008 Budget Amendment: ? Increase Appropriation 009-9901-9006-112 by $37,495.00; ? Increase Revenue 009-0000-55031 Interfund Transfer by $37,495.00; ? Increase Appropriation 009-8160-2040 Heavy Equipment by $37,495.00; and BE IT FURTHER, 461 TOWN BOARD MEETING 02-26-2008 MTG. #8 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and Landfill Equipment Operator to take any and all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 25 day of February, 2008 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : Mr. Montesi 1.3 Public Hearing – SEQRA Negative Declaration and Amending Zoning Ordinance To Change Classification of Property on Eagan Road From Light Industrial to (LI) to Waterfront Residential – One Acre (WR-1A) NOTICE SHOWN PUBLICATION DATE: February 15, 2008 Supervisor Stec-This public hearing we are going conduct the public hearing tonight we will not be acting on it tonight, this was referred to the Warren County Planning Board they have not had a chance to consider it yet so the earliest that I think that this can come th back to the Town Board for action will be in March. I believe it will be at our March 17 St. Patrick’s Day Meeting that we can act on this. So, we are going to conduct this public hearing on rezoning this parcel and I know Tim was the main person that was contacted on this, I think it is a little bit less than an acre and it is to rezone it from Light Industrial off from Eagan Road from Light Industry to Waterfront Residential one acre. So, with that said I will open the public hearing, if there is any members of the public that would like to comment on this public hearing again, I would ask you to just raise your hand. Mr. Tucker. Mr. Pliney Tucker-41 Division Road, Queensbury How big is the parcel? Councilman Brewer- Three quarters of an acre. Supervisor Stec-Three quarters of an acre. Mr. Pliney Tucker-Is that where they used to have a stump dump do you know? Councilman Brewer-I think that is further down. It is very flat land, Pliney. If you go down the end of Eagan Road there is a blue house on the right Mr. Tucker-So, you are going all the way out to the end, ok. Councilman Strough-Then keep going. Councilman Brewer-It is the next parcel. 462 TOWN BOARD MEETING 02-26-2008 MTG. #8 Councilman Strough-There is a dirt trail. Mr. Tucker-Where it dead ends out there. Councilman Strough-Over to the right. Mr. Tucker-The stump dump is Councilman Brewer-The other said. Mr. Tucker-Way down on, ok. Supervisor Stec-Thank you Mr. Tucker. Mr. Salvador Mr. John Salvador-For what rezoned light industrial initially? Supervisor Stec-Tim do you want to field that, he has got the history on it. Councilman Brewer-The Town, I hope of got my map, got it John? Councilman Strough-Yes. The purple is all light industrial and when they do it, they just kind of do it in mass. I do not know if you can see from there John? Mr. Salvador-Yes, I am all right. I can see. Councilman Strough-Do you see that little triangular area Mr. Salvador-Yea. Councilman Strough-It is actually tied to the shore line lots, this is the Hudson. Sr. Planner Stu Baker-Mr. Salvador there is a map on the table right to your upper left there. Councilman Brewer-This lot was zoned light industrial for what ever reason light industrial, let me see the map, if you look where that parcel is, there is houses all the way down to it, a person approached me and asked me what the procedure would be whether it is a variance or rezoning I looked at it and I thought rather than to have the person get a variance that the Town should rezone it because it is essentially residential property. That is why we are here today. Mr. Salvador-Could you hold up the colored coded, then there are two parcels here that continue to be zoned light industrial and are on the water front. Councilman Brewer-Actually, John there is one, two, three, four, there are three that are landlocked so I do not know how to address that situation whether at some point this parcel that is at the end of Carey Industrial, don’t know if someone possibly might buy all that as one parcel, don’t know. I am just concerned about this one piece that is on top of the hill right now. Mr. Salvador-Yea, but all of the other lots you have here they do front on the water and so they just Councilman Brewer-They all front on the water, John. Not on the water they are up on the bank. Mr. Salvador-This shaded area here ok, they all front, is this the water? Councilman Brewer-The water is down here. Mr. Salvador-Here, Ok, they ought, those all front on the water they are water front one acre, ok? 463 TOWN BOARD MEETING 02-26-2008 MTG. #8 Councilman Brewer-All right these lots down here. Mr. Salvador-This one does not have any water front. Councilman Strough-It is tied to Supervisor Stec-It is not residential either. Councilman Brewer-It is light industrial, John lets just put it to you that way. Supervisor Stec-Right now it is not zoned residential but it is residential, it is appropriate for residential. Mr. Salvador-It is not unusual for someone to be a non conforming use and that is what that is, it is a non conforming use. Many of us in this Town have lived for years as a non conforming use, and the Town Board has never saw fit to just go thorough and parcel by parcel rezone and that is what you are doing here and more significantly you are calling it water front one acre and it has no water front. There is just no justification. Councilman Brewer-Thank you. Supervisor Stec-Thank you, John Is there anyone else that would like to comment on this public hearing? All right, yes Ma’am. Just come on up and have a seat at that mic, thank you just state your name and address. Unknown-I would like to look at the map, because I am just not quite sure what parcel it is shown. Sr. Planner Baker-It is shown with the hatch marks on the map, Ma’am. Supervisor Stec-The triangular shaped piece with the cross hatched. Ms. Margaret Foote-I own property on Eagan and mine is also light industrial so I am wondering why this one is being changed. I was not here last week so I did not get any of the information until tonight. Councilman Brewer-The reason why was, a person approached me and asked me the process, I came to the Board in a workshop talked about it everybody agreed that it certainly was not light industrial property because of the size of it and the location so that is why we proceeded with this piece of property. Ms. Foote-Ok, I am questioning the same thing, I mean I have a parcel here that is Councilman Brewer-Which parcel is yours? Ms. Foote-It would be two over from it. It is the one that goes back straight. Councilman Strough-Landlocked? Ms. Foote-What does that mean? Councilman Strough-There is no road to it? Supervisor Stec-Does it have road frontage? Ms. Foote-Yea, you actually have a road going through my property, Eagan Road. Councilman Metivier-What is on your property? Ms. Foote-A house. 464 TOWN BOARD MEETING 02-26-2008 MTG. #8 Councilman Metivier-Well then, that is a non conforming use. Councilman Brewer-Pre-existing non conforming use. Councilman Metivier-So, it is one way to do it like Mr. Salvador just said or the other way is to rezone it. Ms. Foote-I just am wondering why this one is being changed? Just because the came to you? Councilman Metivier-Yes. Ms. Foote-So, if I came to you with Councilman Brewer-There is a reason because a person wants to put a home on it they asked me the options simply I explained to them whether the Town should rezone it or it is possible to get a variance. I looked at the options I made the decision that I thought it would be easier to rezone it because of what it is and where it is and the size of the property. That is exactly the reason Ms. Foote-I am just trying to understand the process. So, if I have this which is six a little bit over six acres so could I get that rezoned for residential and then build on part of it or, I am not quite sure what. Councilman Brewer-There is no house on this now Ms. Foote-Right, I understand it is three quarters of an acre you said and it is supposed to be an acre per housing so you are going to, I mean that is going to be a Councilman Brewer-That particular zone that Supervisor Stec-That is not an uncommon situation. Ms. Foote-That would be a change too, correct, they would have to get some type of a variance to have a house on three quarter acre. Councilman Brewer-Well, I don’t know about a variance. Councilman Metivier-Not if it is rezoned, they would have to get a variance if they wanted to put a house on it today. Ms. Foote-Today, right, yes. Unless they are planning to purchase more property correct? Supervisor Stec-The answer, I think the question that was being answered was they would need a variance today because it is not zoned for residential use, not because it is not an acre. Ms. Foote-So, when it is changed to residential they can put a home there. Supervisor Stec-They would need a variance to build a house on it assuming that met all the set backs and all the other requirements. Ms. Foote-Where Eagan Road Councilman Brewer-Would they or wouldn’t they Stu need a variance? Sr. Planner Baker-If the zoning is changed they would no longer need a variance to put a house there as it currently stands with the light industrial zoning it would need a use variance for a house, the property is currently vacant. 465 TOWN BOARD MEETING 02-26-2008 MTG. #8 Councilman Metivier-However in one acre zoning you have to remember the set backs as well but they have to meet side, rear, front. Unknown-It is a substandard lot. Ms. Foote-So, they would have to have a variance for, they don’t have to? If you change this to residential they would be able to build on that. Supervisor Stec-They will be able to build a house on that lot assuming that they meet all the other requirements. Ms. Foote-Can you tell me if the road currently is not a road to their home where this is, the road really ends at my property but it has been paved beyond there and then it becomes dirt. Councilman Brewer-Well the road two years ago I think it was, I talked to Mike Travis, Mike Travis found or had the maps or whatever where he paved to the end of the towns right of way, that is where the road ends that is where the Towns right of way ends. Ms. Foote-Actually the towns right of way is my understanding and at the beginning of my property but they paved beyond it before I owned it, two years ago. Councilman Brewer-Well I don’t know that the Town can pave beyond what they own. Ms. Foote-It is. But I guess my point is are you now planning on paving to this property or will this become a private road? Councilman Brewer-Exactly it is a private road, we are not planning on paving it. Supervisor Stec-Their driveway, right of way. Ms. Foote-Because there are homes on the other side, summer homes on the other side of this. Councilman Brewer-We don’t plan on paving it at all. Ms. Foote-So, I can turn on then and apply for this to be changed to residential the same type of procedure? Supervisor Stec-You probably want to talk to your Councilman and he will guide you what he thinks based on.. Ms. Foote-Thank you. Supervisor Stec-You are welcome. Is there anybody, Ms. Monahan Mrs. Betty Monahan-It was just discussion that you are creating a substandard lot here. Is there Town water or Town sewer in this area? Supervisor Stec-I do not think there are lots in the water district. Mrs. Monahan-Stuart, what is the minimum size for if you have a lot with neither sewer or water on it? Sr. Planner Baker-There is no minimum lot size there is minimum separation distance between the well and the septic. Mrs. Monahan-And from your neighbors. Sr. Planner Baker-And from your neighbors as well, but there is no minimum lot size per se relating to well and septic. 466 TOWN BOARD MEETING 02-26-2008 MTG. #8 Mrs. Monahan-Has anyone checked this lot to see if it can meet those requirements that if we can find water and there is a proper place to put the sewer system, the septic system. Councilman Brewer-Betty if they get a permit or apply for a permit they have to meet all those requirements you know that. Mrs. Monahan-Then they get a variance because they have a lot that supposedly they could build on but no body has checked yet whether or not they can meet the requirements, you are kind of putting the cart before the horse here. Councilman Brewer-That is your opinion. Mrs. Monahan-Definitely it is my opinion and also you cannot issue a permit to build without a variance unless they are on a public road that is New York State Code. I see some problems here. Supervisor Stec-We are not issuing a permit tonight Betty. Mrs. Monahan-I know but I see some problems here with the rezoning before you have looked into these questions. Again, you are not doing your homework. Supervisor Stec-Thank you, Betty. Is there anyone else that would like to address the Board on this public hearing this evening? Mr. Salvador. Mr. John Salvador-From what you have heard tonight I believe that there is justification to hold this in abeyance take a look at the whole area have other neighbors have same concerns, Mrs. Monahan’s comment about creating a substandard lot is not allowed. Councilman Metivier-It is already a substandard lot under light industrial I do not understand what the difference is. If they want to build a house vs putting a machine shop there Supervisor Stec-It is already substandard. Councilman Metivier-I do not understand your logic and thinking of what the difference is between putting up a machine shop in a residential area and vs a nice house. Am I missing something? Councilman Brewer-A small home. Mr. Salvador-It is not residential area it is a light industrial area. Councilman Metivier-That is what I am saying, so Mr. Salvador-It is zoned light industrial because of the machine shop. Councilman Brewer-John, you are wrong it is vacant property. Councilman Metivier-I just don’t get your logic John. Mr. Salvador-Oh, I sorry, ok. Well in any case you have a neighbor here who has similar concerns Councilman Metivier-And has a house on her light industrial lot. Mr. Salvador-Pardon me? Councilman Metivier-She has a house on her light industrial lot. Mr. Salvador-She is a non conforming use Councilman Metivier-That is right so we are trying to make this the right way. 467 TOWN BOARD MEETING 02-26-2008 MTG. #8 Mr. Salvador-Why don’t you address all of the problems in a comprehensive, that is all I am saying Councilman Metivier-There are no problems, what is the problem? Mr. Salvador-You are creating monumental problems for your Zoning and Planning people and for Councilman Metivier-For a three quarter acre lot that shouldn’t be zoned light industrial that is monumental? Mr. Salvador-You are creating a substandard lot that does not meet any of the requirements that we Councilman Metivier-Why is it substandard? Mr. Salvador-It is a one acre zone. Councilman Brewer-It is now it is a light industrial one acre zone, what is the difference whether it is Supervisor Stec-It is already a substandard lot. Mr. Salvador-My point is you should take a look at this whole area. Supervisor Stec-I understand. Mr. Salvador-It deserve it, you have other people with similar concerns. Councilman Metivier-If they want to address those concerns they can. Supervisor Stec-Thanks John. Is there anyone else that would like to comment on this public hearing, yes, Ma’am. Ms. Nancy Armstrong-My name is Nancy Armstrong and I am the person who would like to purchase the lot for my daughter and her fiancée who are here with me right now. The lot abuts against my four and a half acres of land. It abuts against my four and a half acres of land so as you go down Eagan Road it would be the last lot on the right, everything all the way down there are houses, houses on the right and houses on the left. When we looked into buying it we thought it would be a great thing because if it is industrial somebody could be an industry in there and I could buy it and put something in it that I certainly wouldn’t want in there if I were the people living in the house coming down the road all of a sudden put in a restaurant at the end of it. Supervisor Stec-Storage units. Ms. Armstrong-Right, whatever, and I thought it would be a very nice thing and since it is my four and a half acres of land that it abuts up against I thought that my daughter could go down the hill to the river and have access to the river the rest of her life also and it would be a very nice thing. Since we own the first camp at the bottom of the hill on the river. So, this was my thought, this was what we were trying to do right now. Supervisor Stec-Thank you. Ms. Armstrong-You are welcome and thank you for listening to me. Supervisor Stec-You are very welcome. Is there anyone else that would like to address the Board this evening on this public hearing? Yes, Sir. Mr. David Bogue-I own three of the lots that are on Eagan Road that are river front property. Unfortunately I did not have a lot of information about this issue I just got back 468 TOWN BOARD MEETING 02-26-2008 MTG. #8 from being away and saw the meeting, so I thought I would come down. I just have two comments, one is certainly as I understand it right now I would be in support of allowing this kind of a zoning change for much the same reasons that Mrs. Armstrong just indicated. We do happen to have seasonal residences there however, in looking at the maps and things as it was zoned light industrial I guess fairly recently, this is not something that has been there for a long time. It causes those kinds of concerns as well, I think as I understand it, it provides the opportunity to a wide variety of kinds of businesses in there, which would back right up to us and frankly might destroy the character of that particular area. I am not quite sure in other comments that have been raised this evening quite what a substandard lot is. Supervisor Stec-If the zone is one acre zoning any lot, which is an extremely common occurrence on lake front property particularly in this town, if it is a lot that is smaller than one acre then it is a substandard lot. It is smaller than the lot size prescribed. Mr. Bogue-Well, it would seem to me that if someone owns the property and is getting an agreement by the Town to rezone it to residential that if they are willing to take the risk to see if in fact they can comply with the Town requirements for septic and water, that is a risk they are willing to accept I see no reason why the town wouldn’t support that since it is totally on their shoulders. From the investigations that I have done certainly I do not believe that the towns requirements for building are that erroneous and they are very clear. So, if the people that are asking for this have already done their homework then I suspect that they probably already believe that it is in compliance ahead of time and they are willing to do what is necessary to bring it there. Supervisor Stec-Thank you, Sir. Is there anyone else that would like to address the Board this evening on this public hearing? Mrs. Monahan Mrs. Betty Monahan-Dan, I apologize but I could not quite hear what the lady was saying, does she own both the four and a half acres and this three quarter parcel? Supervisor Stec-That is what it sounded like to me that there was two lots, there is a four and a half acre lot Councilman Brewer-She owns, she is potentially going to buy this three quarter acre, Betty, she did not say she owns it. Mrs. Monahan-Ok, because if she owns it presently when you have got a line in common you have got to make a legal size lot out of it. Councilman Brewer-Right, but she does not own it. Supervisor Stec-She does not own it, she said she doesn’t own it. Mrs. Monahan-But, if at any time it comes under one name in ownership you still got that same thing, you got to move a lot line and make a legal lot out of it. Councilman Brewer-Thank you. Supervisor Stec-Thanks Betty. Is there anyone else that would like to comment on this public hearing? All right I will close this public hearing and as I said earlier we will not be acting on this until later in March at the earliest. II.PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (Limit – 3 Minutes) th Supervisor Stec-We added a 17 resolution, which would set a public hearing to discuss acquisition by condemnation of properties on Main Street, this is related to the towns and counties efforts to widen Main Street and in the towns case to underground electric 469 TOWN BOARD MEETING 02-26-2008 MTG. #8 utilities. In both cases the Town and the County need to acquire property easements we are hoping that condemnation will not be required however any time you get into a scope of project similar to this it would be irresponsible to assume that you won’t need this process and so this process requires a very detailed legal series of hurdles to go through and not the least of which is a public hearing. The public hearing information we got Friday the Attorney put it together for us and we got the resolution today it will be a joint th public hearing between the Town and the County to be held on Wednesday, March 19 at 6:30 P.M. in the evening and it will be at the West Glens Falls Volunteer Fire Company Station Number One on Luzerne Road. That is resolution No. 3.17 tonight it is not on the original agenda that was out there as of this morning and again it is just setting a public hearing. If there is anyone that would like to a comment on any of the seventeen resolutions we ask that you raise your hands and I will call on people one at a time. Mr. Jim Underwood-99 Mannis Road Glen Lake 3.10 - Authorizing the Agreement with the Glen Lake Protective Association 1. thirty day comment period before DEC nd issues a permit for the use of Sonar that time period will be coming up on March 2. 2. Noted resolution stated use of Aquathol, that was in the last agreement this would be for SONAR treatment and should be changed in the resolution 3. Noted concern over the use of pesticides in the lake, noted Aquathol and Sonar are not allowed in the Adirondack Park at the present time, 4. spoke on hand picking the milfoil that would be an alternative Councilman Metivier-Questioned if the lake was still harvestable? Mr. Underwood-Spoke on the treatment on Lake Sunnyside with Sonar and was sporadic, it works one time and it doesn’t work the next time. We have proven models that hand harvesting is effective. If the permit is issued there should be follow up on your part to monitor it not effective that we try something else, not just dump chemicals. Councilman Metivier-The approach should be if we take this step with the herbicide in the future they should hand harvest to keep up with it as opposed to let it get to where it is today, then you can control costs and you know if you do a good job you can control the weed itself. Mr. Underwood-Noted it is not everywhere on the lake, over on our side of the lake it is not nearly as thick as it is on the north shore. I pull it all the time and as a result it is not in front of my house, you have to keep at it. Mr. Paul Derby-86 Ash Drive President of the Glen Lake Protective Association 1. we do not know if we had weevils before there is no scientific date 2. We have hired a lake manager LA Biological have done studies of the Lake they have recommend the use of SONAR in Glen Lake, no one wants chemicals in the lake but to get this under control with chemicals and then use other methods to do that. Noted that the permit to use SONAR has been filed with DEC it is in the process, there is a thirty day period for comment. 3. With the Towns funding and our funds we will be able to do the project. Supervisor Stec-This is a partnership the Town is not paying the full amount. Mr. Derby-We have a guarantee written into the SONAR contract of 90% control of Eurasian Milfoil this is the best option we can have for controlling milfoil, it is a multiple year control. Supervisor Stec-In the event that the permit is not granted the town will keep the seventy five thousand. Mr. Derby-Thanked the Board for their support. Mr. Pliney Tucker-Res. 3.9 What are we doing? Is that a private driveway Supervisor Stec-This is adding the name of Balsam Drive to our list of private roads. 470 TOWN BOARD MEETING 02-26-2008 MTG. #8 Mr. Tucker-Res. 3.1 You can’t get them to get their contracts to you? Supervisor Stec-I would not blame the fire companies and rescue squads, as of right now five out of eight fire and ems company contracts are settled. The three that remain, South Queensbury Fire, Councilman Montesi and I met with their leadership, there is one outstanding question left we basically have that one settled. The others are Queensbury Central Fire with Councilman Brewer and Councilman Metivier were going to meet with last week, we need to sit down with them, the other one is West Glens Falls Rescue Squad and Councilman Brewer and Councilman Metivier did meet with them last week we may need a workshop with them. Mr. John Salvador-Res. 3.10 Glen Lake Protective Association treatment spoke on the creation of an improvement district. Supervisor Stec-That is a goal to accomplish this year. Councilman Metivier-Noted there are a lot of seasonal residents there so we have to do this when they are here. Mr. Salvador-The Town Board will have to take the lead role. Reviewed for the Board Town Law Section 209A Article 12A … the law is clear on procedures. Spoke on not using town wide funds on local problems. Mrs. Betty Monanhan-I have to disagree with Mr. Salvador, this town is known for its lakes, the Hudson River, Lake George, if we let one lake go down because we are not taking care of it the whole town will suffer. We all benefit from all these bodies of water. III.RESOLUTIONS RESOLUTION AUTHORIZING PAYMENTS UNDER CURRENT AGREEMENTS TO QUEENSBURY CENTRAL AND SOUTH QUEENSBURY VOLUNTEER FIRE COMPANIES RESOLUTION NO.: 146, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co, Inc., and the West Glens Falls Volunteer Fire Co., Inc., (Fire Companies) in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town’s agreements with the Fire Companies expired on December 31, 2007, and 471 TOWN BOARD MEETING 02-26-2008 MTG. #8 WHEREAS, in such Agreements the Town and Fire Companies agreed to continue to provide fire protection services under the terms and provisions of the existing agreements during the interim period pending execution of new agreements, and WHEREAS, by Resolution No. 49,2008, the Town Board authorized payment th vouchers constituting 1/12 of the 2007 Contract Amount for January and February (not including Vehicle Fund) to the Fire Companies under the current Agreements, which payments constituted advance payments on the new fire protection services 2008 Agreements, and WHEREAS, the Town and the Bay Ridge, North Queensbury and West Glens Falls Volunteer Fire Companies recently entered into new one (1) year Agreements for fire protection services for 2008, and WHEREAS, the Queensbury Central and South Queensbury Fire Companies may face cash flow shortages before their respective, new agreements can be executed and therefore the Town Board wishes to again authorize payments under the current Agreements, which after new agreements are entered into will constitute advance payments on the 2008 agreements to the Fire Companies, such advances to be deducted from contract payments to be paid after the 2008 contracts are ratified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town th Supervisor to approve payment vouchers constituting 1/12 of the respective 2007 Contract Amounts (not including Vehicle Fund) to the Queensbury Central and South Queensbury Volunteer Fire Companies under the current Agreements, which payments will constitute advance payments on the new fire protection services 2008 Agreements if such Agreements are entered into, and BE IT FURTHER, RESOLVED, that should new fire protection services 2008 Agreements not be st entered into by March 31, 2008, then the Town Board authorizes the Town Supervisor to th approve additional payment vouchers constituting 1/12 of the respective 2007 Contract Amount (not including Vehicle Fund) to the Fire Companies during April, 2008, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Budget Officer to make the necessary arrangements to make such 472 TOWN BOARD MEETING 02-26-2008 MTG. #8 payments which are authorized under the current Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of February, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING ADVANCE PAYMENTS TO WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 147, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, general emergency ambulance services are provided to the Town of Queensbury by the Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., (Squads) in accordance with agreements between each Rescue Squad and the Town, and WHEREAS, the Town’s agreements with the Squads expired on December 31, 2007, and WHEREAS, in such Agreements, the Town and Squads agreed to continue to provide general emergency ambulance services under the terms and provisions of the existing agreements during the interim period pending execution of new agreements, and WHEREAS, by Resolution No. 50,2008, the Town Board authorized payment th vouchers constituting 1/12 of the 2007 Contract Amount for January and February to the Squads under the current Agreements, which payments constituted advance payments on the new emergency ambulance services 2008 Agreements, and WHEREAS, the Town and the Bay Ridge and North Queensbury Rescue Squads recently entered into new two (2) year Agreements for emergency ambulance services for 2008-2009, and WHEREAS, the West Glens Falls Emergency Squad, Inc. (Squad) may face cash flow shortages before its new agreement can be executed and therefore the Town Board 473 TOWN BOARD MEETING 02-26-2008 MTG. #8 wishes to authorize advance payments on the 2008 agreements to the Squad, such advances to be deducted from contract payments to be paid after the 2008 contracts are ratified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town th Supervisor to approve a payment voucher for 1/12 of the 2007 Contract Amount to the West Glens Falls Emergency Squad, Inc., (Squad) in advance payment on the new general emergency ambulance services 2008 Agreement, such advance to be deducted from contract payments to be paid after the 2008 Agreement is ratified, with the further understanding that the Town shall also th approve payment vouchers for 1/12 of the Squad’s paid daytime service costs, and BE IT FURTHER, RESOLVED, that should the new emergency ambulance services 2008 Agreement st not be entered into by January 31, 2008, then the Town Board authorizes the Town th Supervisor to approve an additional payment voucher constituting 1/12 of the 2007 Contract Amount to the Squad during April, 2008, again with the understanding that the th Town shall also approve payment vouchers for 1/12 of the Squad’s paid daytime service costs, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Budget Officer to make the necessary arrangements to advance payment to the Squad and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of February, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi RESOLUTION AWARDING BID FOR FORD F-350 PICK-UP TRUCK FOR USE BY TOWN PARKS AND RECREATION DEPARTMENT RESOLUTION NO. 148, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 474 TOWN BOARD MEETING 02-26-2008 MTG. #8 WHEREAS, in accordance with Resolution No.: 110,2008, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the purchase of one (1) 2007 or 2008 Ford F-350 4x4 Pick-Up Truck for use by the Parks and Recreation Department, and WHEREAS, Metro Ford Sales, Inc., submitted the lowest responsible bid for such truck in the amount of $19,259.00and the Parks & Recreation Director and Purchasing Agent have therefore recommended that the Town Board award the bid to Metro Ford Sales, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the Ford F-350 4x4 Pick-Up Truck to Metro Ford Sales, Inc.,for an amount not to exceed $19,259.00 to be paid for from Account No.: 001-7110-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks & Recreation Director, Purchasing Agent and/or Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of February, 2008 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Montesi RESOLUTION SETTING HEARING ON CUMBERLAND FARMS, INC.’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING CUMBERLAND FARMS CONVENIENCE STORE PROPERTY LOCATED ON KENDRICK ROAD/STATE ROUTE 9 RESOLUTION NO.: 149, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 475 TOWN BOARD MEETING 02-26-2008 MTG. #8 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, Cumberland Farms, Inc., (Applicant) has applied to the Town Board § for a second variance/waiver from 136-44 to connect the Cumberland Farms Convenience Store property to the Town of Queensbury’s Route 9 Sewer District, as the Applicant states that it is looking to remodel the building in the spring of 2008 and the property’s current septic system is functioning as more fully set forth in the application presented at this meeting, NOW, THEREFORE, BE IT rd RESOLVED, that the Queensbury Town Board will hold a hearing on March 3, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Cumberland Farms, Inc.’s sewer connection variance/waiver application concerning the Cumberland Farms Convenience Store property located at Kendrick Road and State Route 9, Queensbury (Tax Map No.: 296.13-1-69), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 25 day of February, 2008, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO ND CONDUCT 22 ANNUAL SHAMROCK SHUFFLE ROAD RACE RESOLUTION NO. 150, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION 476 TOWN BOARD MEETING 02-26-2008 MTG. #8 SECONDED BY: Mr. John Strough WHEREAS, the Adirondack Runners Club has requested authorization from the nd Queensbury Town Board to conduct its 22 Annual Shamrock Shuffle Road Race as follows: SPONSOR : The Adirondack Runners Club nd EVENT : 22 Annual Shamrock Shuffle Road Race th, DATE : Sunday, March 30 2008 PLACE : Beginning and ending at Glens Falls High School and going through the Town of Queensbury (Letter and map showing course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of nd proof of insurance from the Adirondack Runners Club to conduct the 22 Annual Shamrock Shuffle Road Race partially within the Town of Queensbury, and 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 25 day of February, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi RESOLUTION APPOINTING BARBARA TIERNEY AS TOWN BUDGET OFFICER 477 TOWN BOARD MEETING 02-26-2008 MTG. #8 RESOLUTION NO. 151, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 69,2007, the Queensbury Town Board established the full-time position of Fiscal Manager and appointed Barbara Tierney to the position, and WHEREAS, by Resolution No.: 72,7008, the Town Board enacted Local Law No. 1 of 2008 entitled, “Expansion of Town Residence Requirement for Town Budget Officer,” and such Local Law has been received and filed by the New York Department of State, and WHEREAS, the Town Board wishes to appoint Ms. Tierney as Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Barbara Tierney as th Town Budget Officer effective February 25, 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 documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of February, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi Discussion held: Supervisor Stec-On a personal note what a pleasure it is to work with Barbara. Barbara has stepped in tremendously she is very professional and enthusiastic about her job and her work . RESOLUTION AUTHORIZING STAFFING CHANGES IN TOWN ASSESSOR’S OFFICE RESOLUTION NO. 152, 2008 478 TOWN BOARD MEETING 02-26-2008 MTG. #8 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Town Assessor has reviewed the duties of her office staff and by Memorandum to the Town Board has recommended elimination of the vacant, part-time Data Collector job and reallocation of such part-time position’s duties to the Data Collector/Appraiser and Assistant to Assessor I, and WHEREAS, the Town Assessor has recommended coinciding pay increases for the Data Collector/Appraiser and Assistant to Assessor I related to their proposed increased job duties and responsibilities, and WHEREAS, the Town will save approximately $8,000 in salaries as a result of such recommendations, and WHEREAS, the Town Assessor has conferred with Warren County Civil Service and Warren County Civil Service has no objection to the Town Assessor’s recommendations, and WHEREAS, the Town Board concurs with the Town Assessor’s recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Assessor’s proposed staffing changes referenced in the preambles of this Resolution as follows: 1.elimination of the vacant, part-time Data Collector job; 2.reallocation of the eliminated part-time position’s duties to the Data Collector/Appraiser and Assistant to Assessor I as determined by the Town Assessor; 3.$5,000 annual salary increase for the Data Collector/Appraiser (for a revised Year 2008 Annual Salary of $51,252); and 4.$5,000 annual salary increase for the Assistant to Assessor I (for a revised Year 2008 Annual Salary of $42,442); and BE IT FURTHER, RESOLVED, that such staffing changes and related salary increases shall be th effective as of February 26, 2008, and 479 TOWN BOARD MEETING 02-26-2008 MTG. #8 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Assessor and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of February, 2008 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING HIRING OF ALBERT SCHIERLOH AS FULL-TIME LABORER FOR TOWN WATER DEPARTMENT RESOLUTION NO. 153, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury’s Water Superintendent has advised the Town Board that there is a vacant full-time Laborer position in the Water Department, and WHEREAS, the Water Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and has recommended that the Town Board authorize the hiring of Albert Schierloh, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Water Superintendent to hire Albert Schierloh as a full-time Laborer in the Town’s Water Department effective subject to an eight (8) month probationary period and the passing of a pre-employment physical, and BE IT FURTHER, 480 TOWN BOARD MEETING 02-26-2008 MTG. #8 RESOLVED, that the Town Board further authorizes and directs that Mr. Schierloh be paid the hourly rate of pay listed for the Laborer position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of February, 2008 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Montesi RESOLUTION ADDING BALSAM DRIVE TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 154, 2008 INTRODUCED BY: Mr. John Strough 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 “Balsam Drive,” a private roadway located off Pine Street for the Pinewood Village Community, to the Town’s list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds “Balsam Drive” to the Town of Queensbury’s list of private driveways and roads, and BE IT FURTHER, 481 TOWN BOARD MEETING 02-26-2008 MTG. #8 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 “Balsam Drive,” and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. th Duly adopted this 25 day of February, 2008, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING AGREEMENT WITH GLEN LAKE PROTECTIVE ASSOCIATION RESOLUTION NO.: 155, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Glen Lake is an important Town of Queensbury resource with public access and significant fishing and recreational opportunities for all Town residents, and WHEREAS, the Glen Lake Protective Association (GLPA) is a not-for-profit entity which has one of its purposes the protection of Glen Lake, and WHEREAS, the GLPA is in the process of obtaining a permit from the New York State Department of Environmental Conservation to apply SONAR treatment which will aid in controlling nuisance aquatic plant species (Project), and WHEREAS, the Town Board wishes to have the Project go forward for the benefit of the Town, and WHEREAS, the Town Board wishes to support the Project, and 482 TOWN BOARD MEETING 02-26-2008 MTG. #8 WHEREAS, the Town’s General Fund has sufficient surplus fund balances and has met New York State Comptroller’s requirements for the appropriation of fund balance during this fiscal year to allow for funding of this project, and WHEREAS, the Town Board wishes to increase appropriations and appropriated fund balance in the General Fund, WHEREAS, the Town Board wishes to enter into an Agreement with the GLPA regarding the Town’s financial support of the Project and also establish appropriations for the Project, and WHEREAS, a copy of the proposed Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby expresses its support of the application of SONAR treatment to aid in controlling nuisance aquatic plant species in Glen Lake (Project) and hereby pledges its financial support of the Project by establishing appropriations in the amount of $75,000 for the Project with the source of such appropriations to be 001-8989-4414 - Community Services Contracts, and BE IT FURTHER, RESOLVED, that GLPA may submit vouchers for reimbursement of Project expenses to the Town for total amounts not to exceed $75,000, such vouchers to include copies of contractor invoices and all other information required by the Town Supervisor, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Accounting Office to amend the 2008 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement between the Town and the Glen Lake Protective Association substantially in the form presented at this meeting and take such other and further action as may be necessary to effectuate the terms of this Resolution. 483 TOWN BOARD MEETING 02-26-2008 MTG. #8 th Duly adopted this 25 day of February, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : Mr. Montesi RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED PURCHASE OF MOBILE FILING/STORAGE SYSTEM FROM THE CAPITAL RESERVE FUND RESOLUTION NO.: 156, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Clerk has advised the Town Board that the Town is running out of space for files and records and therefore she has requested Town Board approval for the purchase of a mobile filing/storage system which will allow for retrieval of files in a more efficient manner while also extending the life of the Town’s records room by fifty percent (50%), and , WHEREAS the Town Clerk requested proposals for the purchase and installation of such filing/storage system and has recommended that the Town Board approve such purchase and installation from Creative Office Systems for an amount of $37,333.00, to be funded from the Capital Reserve Fund, 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 March 17, 2008 to hear all interested persons and take any necessary action provided by law concerning the funding of the proposed purchase and installation of the mobile filing/storage system as set forth in this Resolution, 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 in the manner provided by law. 484 TOWN BOARD MEETING 02-26-2008 MTG. #8 th Duly adopted this 25 day of February, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : Mr. Montesi RESOLUTION AUTHORIZING PURCHASE AND INSTALLATION OF DOORS AND FRAMES AT TOWN HIGHWAY DEPARTMENT GARAGE RESOLUTION NO.: 157, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Facilities Manager has advised the Town Board that it is necessary to replace five (5) man doors servicing the Town Highway Department Garage, and WHEREAS, the Facilities Manager requested proposals for the purchase and installation of such doors and the lowest received quote is in the amount of $9,375.00 from TMG LLC (The McCormick Group), and WHEREAS, the Facilities Manager has therefore recommended that the Town Board approve such purchase and installation from TMG LLC, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the purchase and installation of five (5) man doors for the Town Highway Department Garage from TMG LLC (The McCormick Group) for an amount not to exceed $9,375.00 to be paid for from Account No.: 001-1620-4070-0023 – Building & Grounds Building Repair, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to effectuate the following 2008 Budget Amendment: 485 TOWN BOARD MEETING 02-26-2008 MTG. #8 ? Increase Appropriation 001-1620-4070-0023 – Building & Grounds Building Repair by $9,375.00; ? Decrease Appropriation 001-1990-4400 – Contingency by $9,375.00; and BE IT FURTHER, RESOLVED, that TMG LLC shall provide the Town with proof of insurance and Workers’ Compensation and shall comply with all State and Federal Regulations and Labor Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities Manager, Highway Superintendent 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 25 day of February, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING PARTICIPATION IN QUEENSBURY SCHOOL DISTRICT’S CAREER PATHWAYS MENTORING PROGRAM RESOLUTION NO.: 158, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Union Free School District has asked the Queensbury Town Clerk to participate in the Career Pathways Program, which Program provides for the Town Clerk to mentor certain Queensbury School students while the students spend time volunteering their services in the Town of Queensbury workplace, and 486 TOWN BOARD MEETING 02-26-2008 MTG. #8 WHEREAS, participating in such program promotes a better understanding of local government services and fosters a spirit of cooperation between local students and the Town, and WHEREAS, participating in such Program allows the Town to provide additional services to its citizens at no expense to the Town, and WHEREAS, the Program provides insurance coverage for participating students while working at the Town, and WHEREAS, participation in the program will not impair any existing contract for services or collective bargaining agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Clerk to participate in the Career Pathways Program as delineated in the preambles of this Resolution and to execute a Training Agreement for each student participant, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Clerk to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of February, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT : Mr. Montesi RESOLUTION TO AMEND 2007 BUDGET RESOLUTION NO.: 159, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 487 TOWN BOARD MEETING 02-26-2008 MTG. #8 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, 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: From To CodeAppropriation CodeAppropriation $ General Fund Community Community 001-8030-4414 001-8989-4414 650 Research Services Highway Fund Uninsured Workers' Comp 004-5130-4201 004-9040-8040 820 Deductibles Prem. th Duly adopted this 25 day of February, 2008, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING UNPAID MEDICAL LEAVE OF ABSENCE FOR KIM RIVERS RESOLUTION NO.: 160, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Kim Rivers, the full-time Records Clerk in the Town Clerk’s Office, th has informed the Town Clerk that she is scheduled to have surgery on March 5, 2008 and therefore Ms. Rivers has requested Town Board approval to take an unpaid medical leave of absence as set forth in Warren County Civil Service Rule XIX, and WHEREAS, Ms. Rivers has submitted medical documentation supporting a need for medical leave, and 488 TOWN BOARD MEETING 02-26-2008 MTG. #8 WHEREAS, the Town Clerk has recommended that the Town Board grant Ms. th Rivers such unpaid medical leave with an effective date of March 5, 2008 extending through the earlier of: st 1.May 31, 2008, with the opportunity to extend such leave at 90 day increments; or 2.Certification of her physical qualification for return to work, documented by her physician in form satisfactory to the Town; and WHEREAS, in accordance with Warren County Civil Service Rule XIX, Town Board approval is discretionary and necessary before an employee may take such leave, and WHEREAS, the Town Board has carefully considered the circumstances of Ms. River’s request and the recommendation of the Town Clerk, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants an th unpaid medical leave of absence to Kim Rivers with an effective date of March 5, 2008 extending through the earlier of: st 1.May 31, 2008, with the opportunity to extend such leave at 90 day increments; or 2.Certification of her physical qualification for return to work, documented by her physician in form satisfactory to the Town; and BE IT FURTHER, RESOLVED, that Ms. Rivers shall provide the Town with a status report from her physician regarding her ability to return to work and must notify the Town Board in th writing by May 9, 2008 of her intention to return to work or request further unpaid medical leave and supply supporting documentation if she wishes to request additional st unpaid leave beyond May 31, 2008, and BE IT FURTHER, 489 TOWN BOARD MEETING 02-26-2008 MTG. #8 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer to take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution will not have any impact or create any inference as to any determination of entitlement to Disability or Workers’ Compensation Benefits. th Duly adopted this 25 day of February, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : Mr. Montesi RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF FEBRUARY 25, 2008 RESOLUTION NO.: 161, 2008 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 February 21, 2008 and a payment date of th February 26, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a stth run date of February 21, 2008 and payment date of February 26, 2008 totaling $990,501.62, and BE IT FURTHER, 490 TOWN BOARD MEETING 02-26-2008 MTG. #8 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 25 day of February, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi RESOLUTION SETTING PUBLIC HEARING TO DISCUSS ACQUISITION BY CONDEMNATION OF PROPERTIES ON MAIN STREET RESOLUTION NO.: 162, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town Board of the Town of Queensbury (Town) is the duly elected governing body of the Town of Queensbury, and WHEREAS, in accordance with New York State Town Law, the Town may condemn privately owned property within the limits of the Town for a public purpose pursuant to the powers of eminent domain, and WHEREAS, Main Street is a narrow public highway in the Town, and WHEREAS, the County of Warren (County) has undertaken a project to widen the bounds of Main Street, and WHEREAS, a number of public utility facilities are constructed along the bounds of Main Street which creates visual confusion for drivers, and WHEREAS, the Town wishes to alleviate the visual confusion and visual impacts, and improve the safety of the public along this Street, caused by public utilities’ above- ground facilities, and 491 TOWN BOARD MEETING 02-26-2008 MTG. #8 WHEREAS, the Town wishes to consider taking property by eminent domain for the placing of utilities, including municipal sewer, municipal water, and public utilities underground and/or above-ground, and WHEREAS, in furtherance of these goals, the Town will consider taking by eminent domain a portion of a number of properties adjacent to Main Street, and WHEREAS, the County will be holding a Public Hearing to describe the Main Street Project, the widening of Main Street, the County’s public purpose for such Project and the County’s consideration of taking by eminent domain a portion of a number of properties adjacent to Main Street, and WHEREAS, certain utility work is expected to be completed along with the County’s Main Street Project, and WHEREAS, the Town and County determined that they wish to hold any Public Hearing related to each municipality’s consideration of eminent domain jointly, NOW THEREFORE BE IT RESOLVED, in accordance with the Eminent Domain Procedure Law, the Town of Queensbury shall hold a Public Hearing at which time the Town shall set forth the project contemplated and the public purpose to be served thereby and all persons present shall have an opportunity to submit both written and verbal comments, and BE IT FURTHER, RESOLVED, that it is the intention of the Town to hold a Public Hearing jointly with the County, and BE IT FURTHER, RESOLVED, that the Public Hearing shall be held at the West Glens Falls Volunteer Fire Co., Inc.’s Station #1 located at 33 Luzerne Road, Queensbury on th Wednesday, March 19, 2008 at 6:30 p.m., and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to publish and serve a Notice of Public Hearing in accordance with the Eminent Domain Procedure Law, and 492 TOWN BOARD MEETING 02-26-2008 MTG. #8 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and Town Counsel to take any actions necessary to effectuate this Resolution. th Duly adopted this 25 day of February, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi IV.CORRESPONDENCE NONE V.PRIVILEGE OF THE FLOOR (LIMIT – 4 MINUTES) Mr. John Strough-37 Alexy Lane 1. Noted Judge Krogman has recued himself in the matter of the Library Case - 2. News Article regarding Conflict of Interest alleged from Mr. Caimano regarding Mrs. Bruno … Noted that the applicant has not raised the issue of misconduct on the part of Mrs. Bruno … questioned how something can be wrong if it is legal? Questioned if the Supervisor had received an answer from Town Counsel? Supervisor Stec-No. Mr. Strough-We need an answer. Councilman Strough-I want to add the Tayno Bruno is an excellent Planning Board Member, we are lucky to have her. She really and honestly and truly represents the community and her knowledge of community planning is unequaled. We are just lucky to have her. VI.TOWN BOARD DISCUSSIONS Councilman Brewer-1. Hazardous Waste Day-proposed for late April early May 2. Free Tire Day – being worked on 3. Requested a resolution at the next meeting supporting James Tedesco New York State Property Taxpayers Protection Act. Tax Cap of 4% or the rate of inflation which ever is less. Councilman Strough-1. New to define and include the term of Commercial Office in 179 Town Code proposed: Commercial Office, a building that is used primarily as an administrative or research and development facility. The offering of professional services may be non existent or secondary. The building styles are typically characterized by larger multi story and more commercial than residential in appearance. It may include full ancillary set of uses such as but not limited to banks, restaurants, coffee shops, health clubs, printing shops. Commerical Offices need to be located in commercial or industrial zones that assume their compability with adjacent uses and are serviced by appropriate infrastructures and transportation systems. Commercial Offices, office staff with several hundred employees should ideally be located in arenas that offer or could offer commercial amenities like break time, walkable easy access café’ restaurants, mailboxes etc. Centralistic economic arrangement that is good for the commercial office worker and good for the community. That is just a rough draft. I 493 TOWN BOARD MEETING 02-26-2008 MTG. #8 would like to see a resolution including this in our Town Code, the sooner the better. I think we ought to exclude Commercial Office in our Professional Office Zone. It does not fit the current definition. We should include Commercial Office uses though in all our other commercial and light industrial uses. We should amend our current parking requirements as follows; allow parking requirement range of one to one point five for three hundred square feet of gross leasable floor area for professional offices the original was one, this is a bit more. Allow parking arrangements requirement of three to five per thousand square foot of gross leasable floor area for Commercial Offices. This definition has never existed and Commercial Offices have been ignored I do not think we can afford to ignore them any longer nor should we. If you take for an example of five per one thousand square feet you take, let me pick something out of the blue, an eighty five thousand square foot building that would give that building up to four hundred and twenty five parking spots and if the Planning Board gives them a twenty percent increase that would give them five hundred and ten. Now should they, just to pick a figure out of the blue, want five hundred and thirty seven parking spaces that would only be a five percent variance. That is within reason. I think that change is called for. Allow parking requirement of two per unit for multi family. The current is one point five. Two would satisfy everybody. The developers I talked to would agree with that. Reduce allowable retail parking requirements to four point five per thousand square feet of leasable floor area up to a hundred and fifty thousand square feet and four thereafter. That would be a slight decrease in what we currently allow which is what the PORC Committee suggested and it is what the community also suggested. That would fix all of our current problems. th Councilman Metivier-1. The Planning Board Meeting of the 26 of February the Takundewide application is up again. 2. We have come up with a solution for Hillman Road regarding Stormwater that project will get underway in the Fall. These projects will have a huge positive impact on the area up there. Supervisor Stec-1. Town’s web site www.queensbury.net 2. TV8 are still looking for sponsors, if there are any individuals or businesses that want to do the community a good turn in providing information to the residents regarding our government to sponsor these meetings 3. Thanked TV8 for the coverage of our meetings and also thanked Cool Insurance for sponsoring the coverage 4. Thanked everybody for their participation in the meeting tonight. 5. The Main Street Condemnation Public Hearing will be at the West Glens Falls Vol. Fire Co. Station 1, 33 Luzerne Road on March 19, 2008. 6. Thanked the West Glens Falls Vol. Fire Co. for the use of their building for the public hearing. 7.Thanked John Salvador for his comments on the need for responsibility when making statements about public officials. It is just a fact of our society and I think we have a great society and I think our system is the best that there is but it is certainly not perfect. You see it at the local level certainly and the closer you are to it the more you see it. I think any of us watching the Presidential Races on a National Level it is very easy for people to do completely irresponsible things towards public servants and not be held accountable at all. It goes with the turf so I am not complaining, well I am complaining but I am not winning specifically per se, other than to say that you know the five of us and on the Zoning Board the seven plus two of them and the Planning Board the seven plus two alternates by enlarge I think everyone believes that they are trying to do what they think is the best thing to do and I do not think anyone has a inappropriate agenda. I think there are biases on members of all three of these boards and that is why these boards are comprised of five or seven people and not one or two people, it is, to hopefully balance out the peaks and valleys from one member to another. That there personal experiences their up bringing their own philosophy may bring to the table. It is not to say that you know if there is something inappropriate going on that we shouldn’t find out about it and stop it. But, by enlarge you know I think that a lot of these kinds of acquisitions have been leveled very cavalierly and very inappropriately and without any recourse or repercussion. And so I do share you sentiments, John on the statement that you made. The only reaction I had was to read it, the Town Board should see this and Counsel should see this and they should tell us what our duties and responsibilities are as far as what we are obligated to do. We have a great Town I am proud of it, I think everyone in this room should be proud of it, I think everyone that is watching at home should be proud of it. The Town has not had general property tax in seven years and I remember the controversy that was involved when we first eliminated it. Tim was with me, it was not sustainable this will last a couple of years, it is seven years I do not think 494 TOWN BOARD MEETING 02-26-2008 MTG. #8 there is any one of us that can see it coming back any time soon. Like wise we had a lot of controversy at the time over whether or not the rebate was the right thing to do by my count we have returned rightfully so to the rightful owner eight million dollars in the last four to five years of excess money. So, certainly with all respect I appreciate the reminder, but I do not think a reminder is needed. Getting back to the fire company thing, although there is always room for improvement. I am very cognoscente of whose money it is and that we do not need to horde any extra. We have great staff, they do have a difficult job they are dealing with people often times in very troubling situations. Situations that are very personal to people, their home, their dog, their safety of their kids these are important charges that we have to keep focused on. Getting back to John’s remarks, this other stuff is a distraction it takes us away from focusing on the real business at hand which I think we did as a community tonight with this Town Board Meeting. It is not to say there will not be any controversy, but the idea well we disagree and it is because one of us is a good guy and the other of us is a liar there is no room for that. I want to thank our employees for being pressed in the middle of it between the press, the public, the elected officials and they do a great job and I think everyone should feel very confident about how qualified and competent the town staff is. We have a great staff and I am proud of them. If the track record is any indication of the future we are going to get it right a lot more often then we are not. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 163, 2008 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 25 day of February, 2008 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Montesi Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury