2008-04-07 MTG. #15556
TOWN BOARD MEETING 04-07-2008 MTG. #15
TOWN BOARD MEETING MTG. #15
APRIL 7, 2008 RES. 197-220
7:00 p.m. BOH. 1-2
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN OFFICIALS
Sr. Planner Stu Baker
Budget Officer Barbara Tierney
Director of Building and Codes Dave Hatin
PLEDGE OF ALLEGIANCE LED BY ANTHONY METIVIER
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 197,2008
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 moves into the
Queensbury Board of Health.
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Duly adopted this 7 day of April, 2008 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
QUEENSBURY BOARD OF HEALTH
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE
DISPOSAL VARIANCE APPLICATION OF GEORGE PENSEL –
BOATS BY GEORGE
RESOLUTION NO.: 1, 2008 BOH
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
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TOWN BOARD MEETING 04-07-2008 MTG. #15
WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of
Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s
On-Site Sewage Disposal Ordinance, and
WHEREAS, George Pensel – Boats by George has applied to the Local Board of
§
Health for a variance from Chapter 136, 136-11, which requires applicants to obtain a
variance for holding tanks and the applicant wishes to install two 1,500 gallon holding tanks
as a replacement wastewater system on property located on the west side of Cleverdale
Road in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public
st
hearing on Monday, April 21, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742
Bay Road, Queensbury, to consider George Pensel – Boats by George’s sewage disposal
variance application concerning property located on the west side of Cleverdale Road in the
Town of Queensbury and bearing Tax Map No.’s: 226.16-1-37 and 226.16-1-38 and at that
time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury
Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a
copy of the Notice to neighbors located within 500 feet of the property as required by law.
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 2, 2008 BOH
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED
, that the Queensbury Board of Health hereby adjourns its meeting and
moves back into regular Town Board session.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
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Duly adopted this 7 day of April, 2008 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
TOWN BOARD MEETING
2.0 PUBLIC HEARINGS
2.1PUBLIC HEARING – FIRE PROTECTION SERVICE AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY
CENTRAL VOLUNTEER FIRE COMPANY, INC. FOR 2008
NOTICE SHOWN
PUBLICATION DATE: 3-21-2008
Supervisor Stec-This public hearing was set a few weeks ago and it is a one year contract
with Queensbury Central Fire as where the other ones that were adopted already previous to
date this year. The contract total is for six hundred and fifty nine thousand eight hundred
and sixty three dollars, which represents a four point seven percent increase over last year
and of that six hundred and fifty nine thousand dollars, fifteen thousand dollars of it is for
professional services that would be associated with a possible future expansion of Station
One on Lafayette Street some preliminary engineering work that sort of thing. So, with that
said the public hearing is open if there is anyone that would like to comment on the
Queensbury Central Volunteer Fire Company Contract for 2008 just ask that you raise your
hands and I will call on folks one at a time. Mr. Salvador
Mr. John Salvador-Good evening. The first thing that I would like to do is thank the Board
for what efforts, whatever efforts you put forth to address the issue of my FOIL request to
the North Queensbury Volunteer Fire Company, they have responded and the records that I
asked for with regard to the Behan Communications Contract will be made available some
time around the middle of this month.
Supervisor Stec-Good and you are welcome.
Mr. Salvador-I do not see any details here concerning the Queensbury Central Volunteer
Fire Company Budget, but insurance seems to be the hottest topic in Town. I have some
questions concerning any insurance premiums which may be contained in this budget. First
of all are there insurance premiums included in the budget?
Supervisor Stec-Certainly, they have insurance and we do kind of track that one separately
and for all the companies and it doesn’t change a great deal from year to year but their
insurance is approximately thirty seven thousand six hundred dollars, approximately. And
actually I think budgeted from last year I think the number is actually the same.
Councilman Montesi-We do not necessarily contract the insurance for them, they are a
separate corporation
Supervisor Stec-Correct they get their own insurance.
Councilman Montesi-They do their own thing.
Supervisor Stec-Correct.
Mr. Salvador-It is also my understanding that certain portion of that thirty seven thousand
six hundred could be rebated each year depending on their claims performance?
Supervisor Stec-That is between them and their insurance company, I guess.
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Mr. Salvador-I would like to ask have there been rebates and then how much are they?
Councilman Metivier-Actually, I do not believe that you can rebate in New York for any
insurance premiums.
Mr. Salvador-Excuse me?
Councilman Metivier-I said I do not believe that you can rebate at all for any insurance
premiums in the State of New York.
Councilman Montesi-Except Comp. maybe comp.
Mr. Salvador-They do not receive anything at the end of the year.
Councilman Brewer-I think that is the Foreign Fire Fund that you are talking about John.
Mr. Salvador-Yes.
Councilman Brewer-I believe it is.
Mr. Salvador-I have no idea, I understand that the fire companies are due some kind of a re-
imbursement for some reason at the end of the year depending on their claims performance.
Councilman Brewer-I do not know what it is related to or how they get it but I do, I am
aware of some insurance, Foreign Insurance Fund and I am not all that familiar with it but
they do get a check from them back once a year.
Mr. Salvador-Is there anyone here from the Fire Company that could tell us what that is?
Supervisor Stec-I think there are, yea.
Mr. Salvador-I would like to know what that is and how it compares to the thirty seven
thousand six hundred. These monies where are they deposited?
Supervisor Stec-These monies are provided in three checks throughout the year to the fire
company and they deposit them with their
Mr. Salvador-Excuse me I am referring to the insurance, I will call it rebate.
Supervisor Stec-Like I said I think we are all saying that we do not have answers for that.
Mr. Salvador-Then I would like to know how the, any rebate that they get is handled, where
is it deposited, what becomes of the funds. I would think that anything, any benefit that they
derive from this insurance contact would be used to reduce the insurance premium the next
year.
Councilman Montesi-John, as I understand and just surfaced that is not a rebate on the
premiums that they pay it is a rebate that the insurance companies in general give to almost
all fire companies in the State of New York. It is very specific that it cannot be used for fire
matic or for fire fighting equipment and stuff, it has to be used and I say this in a very causal
way for uniforms, for events, but it cannot be used for reducing the cost of equipment. I do
not understand why but that is what I know about it so far and I am not sure what kind of a
formulation that it comes to. We can ask the folks from Central here but to my
understanding its, I do not know, in some cases, I remember a long time ago, it was three or
four thousand dollars, it may be substantially more today.
Councilman Metivier-I will tell you what John, if we cannot get the answer tonight I will get
it for you.
Mr. Salvador-I think we can get it tonight.
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Councilman Metivier-But, I am just saying in case.
Mr. Salvador-There are people here from Queensbury Central.
Councilman Metivier-In case they do not know, I will get that for you.
Mr. Salvador-Ok. It is my contention that even insurance is non firematics, and it could be
used to reduce the cost of their next insurance. That would be an allowable use. Is the
insurance subject to competitive bidding?
Supervisor Stec-Again, the Town does not procure their insurance they procure their own.
Mr. Salvador-Ok, they can answer that question. Who is their insurance carrier?
Supervisor Stec-For Central I do not know off the top of my head, John.
Mr. Salvador-All right, may I return after they answer? Thank you.
Supervisor Stec-Is there anyone else that would like to comment on the Town, the President
of Queensbury Central Volunteer Fire Company, John Kassebaum has extended his hand,
John if you want to comment on anything or in particular if you could help us out with the
questions that were raised about your fire, Foreign Fire Insurance.
Mr. John Kassebaum-President of Queensbury Central Fire First and foremost the Foreign
Fire Insurance which I believe Mr. Salvador is talking about and again, Ron kind of touched
on it and I will expound on it a little bit more. That is not a rebate on our insurance policy,
our insurance policy covers the insurance for Queensbury Central Fire. The Foreign Fire
Insurance is something that comes on every homeowners policy and again, this is a word or
word I am probably not the best one to right now off the top of my head speak about it. It
comes on every homeowners policy within our protection district. Whether it be a
protection district, a fire district, a paid service, the same thing that is an insurance portion
that comes off a homeowners policy that goes to the local fire department. Within the Town
of Queensbury that Foreign Fire Insurance and Ron did touch on it cannot be used for
firematic equipment, ie trucks, fire fighting equipment like nozzles hoses, air packs that type
of thing. I can’t to be honest with you talk apples to apples whether it can be used even cut
down on an insurance policy because again if that is considered a firematic expense without
the legalities of it I do not know where that would stand. But it is not a rebate on our
insurance policy. There was another portion of the question.
Councilman Brewer-What is it from John or for?
President Kassebaum-It is for, basically whatever the needs of the fire company, it is given
to the fire company, I know some paid departments they will use it for the individual
members will use it and I am not sure what the paid departments, you know the professional
departments are using it for throughout the State. In volunteer situations it goes to the
company itself, it still goes to a fire department if it is a paid department I am not sure how
they are breaking it up
Councilman Montesi-Sometimes they buy pots and pans.
President Kassebaum-And again in the Town of Queensbury mostly what we are using it for
probably, again, uniforms, things that could not be covered under our contract.
Councilman Brewer-How do they come about giving you that money, I just, just because it
is on
President Kassebaum-I do not know the ins and outs of the formula but it is from each
homeowners policy within our protection district. As it would be for all the other four.
Supervisor Stec-More relevantly just to be clear it goes directly to you, it does not, it is not
passed thorough the Town.
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President Kassebaum-It does not go through the Town, no it is a check that is cut directly to
the individual fire department and or fire company.
Councilman Brewer-I am aware of it but I just did not know how they did it.
Councilman Strough-From the insurance company itself, John?
Councilman Brewer-Do you have an idea what it is?
President Kassebaum-To be honest with you this year, having just stepped back in after a
year off I could not tell you what we received, ’07 I am not familiar with and we have not
received I believe anything for ’08 yet. I cannot answer that question.
Councilman Strough-So, John, that is a check that comes from the insurance company that
you secure?
President Kassebaum-No, it comes in, it does come in and again unfortunately being a year
out I forget exactly, it is one, it is a lump sum that does come to us based on a formula,
where exactly it comes from unfortunately again I cannot touch on that. I think the biggest
thing though from what I heard I just wanted to make sure that this is not a rebate on our
insurance the monies that we are spending on our trucks and our buildings and everything
else that this Foreign Fire Insurance doesn’t come from that monies.
Councilman Strough-His other question was when you get the money back does it go in
your regular budget?
President Kassebaum-It does not go into our, we have two separate account our firematic
funds which is our Town Contract and our non fireamatic funds which is things like fund
raising, our Foreign Fire Insurance that type of thing. The two monies do not cross.
Councilman Strough-So, it goes into the firematic fund.
President Kassebaum-It goes into the non firematic fund because we cannot use it, our
firematic fund would be used for our firematic equipment
Supervisor Stec-Your mortgage, your loan
President Kassebaum-Since we cannot use the Foreign Fire Insurance for that, that is why it
does not go in the firematic side.
Councilman Strough-Could you use it for operations?
President Kassebaum-I do not believe so because the operations again would be a firematic
activity.
Councilman Strough-I think what John is trying to say is are you showing it on your budget
statement that you give to the Town that you receive some kind of income from the
insurance and that has got to be used toward
President Kassebaum-It is shown in the audit, it is shown.
Councilman Brewer-In your audit but not in your budget.
President Kassebaum-Not in our budget it is shown on our audit. So, the budget we are
submitting is the funds that we are looking for from the Town of Queensbury, it does show
on the audit that is done every year though.
Supervisor Stec-Do you have anything else besides answering those questions, do you have
President Kassebaum-Was there another part of the question that I missed?
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Councilman Montesi-John, I have a question for you with regards to the audit, I have asked
this of all the fire companies at the end of the audit there are some things that and in most
cases fortunately for the Town of Queensbury and all the fire districts there has never been
any serious issues, but small housekeeping issues and would you again look at that, that list
of things and perhaps next year when the audit is done those things would be crossed off.
President Kassebaum-I have not seen, again, I was not part of the ’07 audit
Supervisor Stec-Looking forward though, when you get the next audit before the following
audit is done.
President Kassebaum-We look at it every year, from the six years previous to that I mean it
is the same treasurer and myself he is on now again, anything that has been addressed we
do address as far as any auditing practices any financial practices, if there is a question from
the Auditor. I think for the most part we have been pretty lucky as far as.
Councilman Montesi-What has happened is in a couple of cases, the thing has gone from
year to year and they are not serious but they are addressed from year to year and if probably
what I would like to see as a business guy is, this year you take that list and you resolve it,
send us a note saying that we have resolved these issues.
President Kassebaum-I believe we address it every year but if it is still something that
carries over I will look at that specifically and if that is something that you want to get with
me Ron I have no problem addressing it on an individual basis as well.
Councilman Metivier-Do you know how often you shop for your insurance?
President Kassebaum-Every year. Every year we are looking at our insurance. Right now
for the two companies mostly that can cover what we are looking for apples to apples we did
that again just in March. Our insurance company did go and look at two different policies
for what we are looking at and for, as far as exactly what we are looking at and for a cost
that is how we derive at it every year.
Councilman Metivier-And who is your, who do you go through do you know?
President Kassebaum-It used to be Community Insurance now it is TD Bank North is
actually our insurance carrier. We eventually, this year we signed again with ESIP
Emergency Service Insurance Program.
Councilman Montesi-TD Bank North
President Kassebaum-TD Bank North yes But, every year that is worked on by our
insurance agent he comes and talks to the entire Board and then we draw our decisions from
there and then the Company votes on it. We do, we are not just going with automatically an
insurance company.
Supervisor Stec-Thanks, John. Is there anyone else that would like to comment on this
public hearing? Mr. Tucker I will come back to you John.
Mr. Pliney Tucker-41 Division Road At the workshop there was mention about hiring a
consultant
Supervisor Stec-Yes.
Mr. Tucker-to look at paid, is that in the budget?
Supervisor Stec-It is not in their budget because they will not be performing the audit, it
would be something that the Town is going to do, that we pledged. I am glad that you
mentioned this because we do have several fire companies representatives from a few
different companies here and it is something that they have been asking us for a while and
for years we have been saying, yes, we support doing that we have tried, we have not been
able to pull the trigger on it and we are committed to it. We did commit specifically,
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Central, Central wanted to talk specifically about it when we met with them a month or two
ago and so they are here, in front of the world and the camera.
Councilman Brewer-As long as they are here I might as well tell them that, I did contact
FASNY which is a Fire Association of New York or whatever, I did speak with someone
that takes care of Warren County, Vic and I cannot honestly remember his last name but
him and I spoke last week and he is going to recommend, not recommend he is going to
give me a list of two, three, four names whatever he can come up with to do that job. He is
working on it right now I presume I will probably get something this week from him. What
I would do is Tony and I will get together and look at the list, hopefully have some of them
in, look at them, talk to them, interview them and then we will come back to the Board with
a report as to who we think can do that job for us.
Mr. Tucker-It will be public anyway, right?
Councilman Brewer-It is in the works though, I want to let anybody that is interested in that
at all I am waiting for a call back in the next couple of days to with a list of names of
companies that can do the service that we are looking for.
Supervisor Stec-Is there anyone else that would like to comment on Queensbury Centrals
2008 Contract Public Hearing, before we go back to John Salvador? Mr. Auer
Mr. Doug Auer-16 Oakwood I will use this as a segue into some other questions but, this
has to do with when a fire company is called out specifically for the call out and I think it
was Queensbury Central for the problem that occurred up on West Mountain.
Supervisor Stec-It was.
Mr. Auer-Ok. How specifically is that done and how is, since this is not specific to an
individual like they pump out basements for broken pipes and things of that nature, this is
really a I do not know what you want to call it but something far, far a greater significance
then that, how, where does their responsibility fall in that?
Supervisor Stec-I suppose I do not know, that is a question for the Chief or who ever
dispatched the call, but my understanding is that property owners were getting water in their
basements and they called the fire company. The fire company showed up and tried to help
them.
Mr. Auer-This would be equalvent to a high water condition, I mean on a lake somewhere
if you had some really unusual situation because this is the water table that essentially rose.
So, the question is with these kinds, there is an expense associated with that I understand
that they ran one at least one maybe more pumpers for quite some time over there. I have
got to believe that, it burned quite a bit of diesel fuel plus the wear and tear on those pumps.
There has got to be a certain amount of fines in the water.
Councilman Brewer-The fire company didn’t run any pumpers.
Mr. Auer-They didn’t, no?
Supervisor Stec-I do not know what they did when they initially showed up but the main
pumping operation was private.
Councilman Brewer-It was all done by the property owner.
Mr. Auer-Ok. All right.
Supervisor Stec-I do not know what the fire trucks did that night, they were there for several
hours I am sure they spent money.
Mr. Auer-Right, aside from putting flares out.
Councilman Brewer-I was there at seven o’clock when the Chief
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Supervisor Stec-Did they try to de-water?
Councilman Brewer-No. Not that I am aware of. They assessed the situation and
Mr. Auer-So, basically there was not much that they could do.
Councilman Brewer-Not really, no.
Supervisor Stec-Right, they said it was beyond their capability. That is what the Chief told
me.
Councilman Brewer-There was three tankers from Ivan Bell had a truck, two trucks there I
believe, and there was another guy I do not know what the fellows name was but that was
done by the owner of the complex had them come in and paid them to pump the water.
Mr. Auer-So, all right, that is really, thank you for the answer Tim, very good. That is kind
of what I am looking for. They really threw their hands up and you would not expect them
to be able to do anything either.
Supervisor Stec-That is more or less what they told me, this is beyond what we can do.
Mr. Auer-And the County, the County was not part of that either or were they?
Supervisor Stec-The fire company arranged with the County to close the road so that private
property owner could run a pipe over the road to de-water.
Mr. Auer-And so there was no County equipment involved either. Ok.
Supervisor Stec-Other than the barriers on two ends of the road.
Mr. Auer-I understand that is just a hard good kind of thing. Ok. Thank you.
Supervisor Stec-Is there anyone else that would like to comment on Queensbury Central’s
Contract? John
Mr. John Salvador-If I understood correctly the insurance carrier is making the payment to
the
Supervisor Stec-Various insurance companies whoever the homeowners insurance is with a
portion of that apparently goes to a fund that makes its way back to individual fire
companies in the State.
Councilman Montesi-I think John, it may be handled through the State of New York
Insurance Fund it is not the individual insurance carrier for the fire company its, if you
happen to have Prudential Insurance and I happen to have Washington Mutual whatever all
of the insurance companies put into this fund and I am just not sure where it is located but
once that fund is established then it is paid out to the fire companies.
Mr. Salvador-I would not expect that they received any more than one check for this amount
of money.
Supervisor Stec-No, it is my understanding that each company gets one check a year,
annually.
Councilman Montesi-One check a year.
Mr. Salvador-They get one check from some entity that is authorized to issue the check.
Supervisor Stec-Correct.
Mr. Salvador-And has the money to back it up.
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Supervisor Stec-Correct, that is my understanding.
Mr. Salvador-It sounds like it is the insurance carrier.
Councilman Montesi-Carriers.
Supervisor Stec-No, it is not.
Mr. Salvador-For this particular fire company.
Supervisor Stec-No, it is not their carrier, it is the homeowners the property owners within
that coverage area.
Councilman Metivier-I think I could, I will try to explain it a little bit more. When you
write your homeowners policy each home has a tax district they call it a tax district ok, it is a
four digit code so where you live is one code and everybody in the North Queensbury
Central area is assigned that same tax code. At the end of the year or whereabouts the
Companies all report to a central fund if you will, State Insurance Department or whatever
and they will give that fund , it is like thirty seven cents or something like that based on you
know, every homeowner in that area so, it is probably more now, this goes back fifteen
years when I remember how it worked. But, say it is a dollar, so each Travlers and All State
and everybody will for every home that is there give that tax code that is assigned to that
area a dollar and then they give it back to the fire company. It has nothing to do with TD
Bank North or you know
Mr. Salvador-I am looking for the money trail, where no one is quite sure
Councilman Metivier-No, that is actually exactly it, I just do not know the exact dollar
amount.
Mr. Salvador-Who writes the check for what ever it is
Councilman Metivier-It is probably the State Insurance Fund, the New York State Insurance
Fund because this code isn’t in every State but it is in New York. Again, I will do a little bit
more research for you I will get you exact dollars.
Mr. Salvador-Believe me the State of New York does not have a money tree. All they have
are taxes.
Councilman Metivier-It is not the State of New York it is
Supervisor Stec-It is some insurance fund.
Councilman Metivier-It goes through your premium
Councilman Montesi-And your premium, a dollar comes out of your premium goes into this
fund and
Mr. Salvador-Taxpayer paying.
Supervisor Stec-No, the insured pays it.
Councilman Metivier-If you did not have a homeowners insurance policy you are not going
to pay that dollar that does to the State. It has nothing to do with the tax it is something that
the insurance company pays, it is not a surcharge on your policy it is built into their factor.
I will get the factors for you.
Supervisor Stec-It is not the State’s money, when you said State it does not go to New York
State it goes to a fund, some insurance fund.
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Councilman Metivier-I have all that information, I will get you the exact amounts I will find
out where it goes.
Mr. Salvador-The insurance carrier has no control over how much or if there is in fact a
rebate, this is outside of the purview of the
Councilman Metivier-Definitely not a rebate. Now, it could be based on the
Mr. Salvador-If the insurance carriers name is on whatever money flows
Supervisor Stec-There is one check annually that goes to each company and the name on it
isn’t Traveler it is the New York State Foreign Fire Insurance Fund, there is a fund. What
Tony is offering to do for you John is to get that information to you tomorrow.
Councilman Metivier-I cannot do it tomorrow but I will do it.
Supervisor Stec-Nobody has it right now. In the near future, within fifteen days.
Mr. Salvador-I would like a photo copy of the cancelled check.
Supervisor Stec-It does not come to the Town.
Mr. Salvador-You can get it. Get it from the bank.
Councilman Brewer-John you have to ask them, we do not get the check.
Mr. Salvador-They deposit it some place.
Councilman Brewer-Well then ask the bank
Mr. Salvador-Pardon me?
Councilman Brewer-Ask the bank.
Mr. Salvador-I have not authority to ask a bank for some ones.
Councilman Brewer-Nor do we.
Mr. Salvador-Yes, you do.
Councilman Brewer-That is their money, John it is not our money.
Councilman Montesi-John I am surprised you haven’t asked the one question that I always
asked on this is why would there be a rebate on the insurance and an old fire guy told me
this and I do not know if it is truth or not but he said it was worthwhile for the insurance
companies to kind of stroke the firemen so that they did not destroy a house too much when
they put out a fire. So, this was kind of like making sure that the house wasn’t totally
destroyed. You can believe that or not but that is some justification why there is that fund
there.
Mr. Salvador-I just want to be sure, satisfy myself that the monies are being used properly
that come back to each of our fire, apparently all benefit from this program. Ok. I want to
be sure that number one the monies are received properly they are deposited properly and
they are used properly. I do not see any reason why since this is an insurance issue that it
cannot be used to reduce the premium on our insurance policy, that is all.
Councilman Metivier-But you have to imagine through all the years of the audits, if they
were using it improperly somebody would have caught up on it years ago.
Supervisor Stec-It is something that would show on the audit the annual audit.
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Councilman Metivier-Any you have to believe that, these are certified public accountants
that do the audits and they
Mr. Salvador-I just have one general question, why does each one of these companies and I
guess the EMS do the same thing write their own, get their own insurance? Isn’t it more
cost effective for the Town to do this in one blanket policy?
Councilman Metivier-I asked the same question, actually a little while back and apparently
because they are their own corporations they have to get their own insurance.
Supervisor Stec-We certainly can strive to push them towards, if they can get a collective
rate better than individually which stands to reason that they could.
Mr. Salvador-Why don’t you take the town, take it upon itself to cover the insurance and not
include it in their budget and then you get the check.
Supervisor Stec-You will not have a problem with the taxpayer paying for a private entities
insurance premium?
Mr. Salvador-Excuse me?
Supervisor Stec-You just said that you would not have a problem if this municipal board
used taxpayers money to secure and pay for a private entities insurance with liability.
Mr. Salvador-It is either that or give it to them in a budget, what is the difference?
Supervisor Stec-That is what we are doing we are giving it to them in a budget. The point
that you are asking might there be a better deal for all if we can get them all to shop it
together used their collective bargaining strength. I would think so I cannot think of any
legal reason why they couldn’t there are several of them here tonight I would hope that they,
I think that is a good idea and you know it has been suggested before. The Town has not
mandated it yet maybe next year we will mandate it.
Mr. Salvador-I think what you should do is take the quotes that you have this year the
insurance that they have and do a cost benefit analysis, go out on your own and figure out,
have somebody quote this as a total package and then you can compare the two numbers. It
should not be too difficult.
Supervisor Stec-I agree Thanks John, is there anyone else that would like to address the
Board on this public hearing regarding Central’s contract for 2008. I will close this public
hearing and entertain a motion.
RESOLUTION APPROVING FIRE PROTECTION SERVICE
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND
QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC.
FOR 2008
RESOLUTION NO.: 198, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
568
TOWN BOARD MEETING 04-07-2008 MTG. #15
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 Queensbury Central 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 conducted a public hearing and heard all interested persons
concerning the proposed Agreement, 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
Queensbury Central 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 further authorizes and directs the Town Supervisor and/or
Town Budget Officer to take such other and further action necessary to effectuate the terms
of this Resolution.
th
Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
2.2PUBLIC HEARING – FIRE PROTECTION SERVICE
AGREEMENT BETWEEN THE TOWN OF QUEENBURY AND
THE SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY
INC. FOR 2008
NOTICE SHOWN
PUBLICATION DATE: 3-21-2008
569
TOWN BOARD MEETING 04-07-2008 MTG. #15
Supervisor Stec-South Queensbury and there is the Chief and the President are both here
tonight. Their budget is going to be a grand total of two hundred and fifty thousand
dollars which is up from a hundred and ninety seven thousand last year or twenty six
point nine percent increase. That includes a one time parking lot repair or reconstruction
as it where for thirty three thousand dollars that some of the Town Board worked closely
with the Fire Company to make sure that they were getting the best deal they could and
they have done that and I thank Chief Lettus for that effort. If you factor out the thirty
three thousand then it would be a two hundred and seventeen thousand dollar contract for
the rest which is still a ten point one percent increase. Now, I will say since I have got
the Fire Company here and I have been working with South Queensbury pretty closely
for the last four years and particularly with Chief Lettus and the President Dave Jones
that four years ago when I took office as Supervisor this Company was receiving their
contact for 2004 I believe was two hundred and eighty or two hundred and seventy nine
and a half thousand dollars, close to two hundred and eighty thousand dollars. We
identified some issues that we will not rehash now but they were very public they
involved our criminal justice system and some through accounting review and again this
was how I spent the first couple months in office as Supervisor four years ago. I had a lot
of folks in South Queensbury pretty perturbed but I think in the end when it is sifted out I
think that the Fire Company realized that there was some issues. There is new
leadership down there and like I said I want to thank specifically Chief Lettus for his
effort he has been a pleasure to work with these last few years but so before anyone gets
too excited about a ten percent without the parking lot or a twenty seven percent with the
parking lot increase bring them to two hundred and fifty thousand that four years ago
they were at two hundred and eighty thousand. So, I think South Queensbury has
managed to correct some things, not all that difference is due to accounting there are
some other things in the interest of complete disclosure that involved in the existence or
non existence of truck funds that changed that number as well. But, even factoring that
out we are still spending less money on their operations than they were four years ago.
So, I want to thank the Chief and I think I will take this opportunity publically recognize
Chief Lettus and South Queensbury Fire for their due diligence and their thoroughness on
the financial end. So, with that said I will open the public hearing so that we can
comment on the ten percent or twenty seven percent increase. But, again I do want to
thank the Fire Company for working with us they have made great strides in the last few
years. The public hearing is open if anyone would like to comment on South
Queensbury, again it is a one year contract and for a total of two hundred and fifty
thousand, of that thirty three thousand is ear marked just for one time expense for their
parking lot so the balance would be two seventeen and again including the parking lot it
is a twenty six point nine percent increase.
Councilman Montesi-In regards to the parking lot just a little clarification. This is really
the driveway that goes behind the building, when it was originally built that it pitched the
wrong way and the drainage did not work. So, what we have is some structural damage
that is on going with the building itself and in order to rectify that we really need to do
some serious drainage work. Some new pipes,
Supervisor Stec-It is not merely asphalt.
Councilman Montesi-and then recoated, but basically it is more drainage work than it is
parking lot.
Supervisor Stec-Thank you it is not just asphalt, that is important to point out. Thank
you. Again the public hearing is open if anyone would like to comment on South
Queensbury’s contract. With that said I will close the public hearing and entertain a
motion.
Councilman Brewer-I have one question, Eric you are going to sell your 2002 and it says in
the resolution that you are going to take the proceeds put it on the new car, any idea how
much you might get for that?
Chief Eric Lettus-Chief of South Queensbury We are hoping to take the proceeds around
fourteen thousand and to deduct five thousand that we are using for a down payment and the
rest to equip that vehicle.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Supervisor Stec-And any that is left over go back toward the vehicle.
Councilman Brewer-How much are you going to spend on equipment?
Chief Lettus-I am waiting for an estimate back for the labor from the installation company.
Councilman Brewer-So, out of fourteen thousand you are going to
Chief Lettus-I would probably say probably ten.
Councilman Brewer-That you would have left over?
Chief Lettus-No, ten to go into internally the vehicle.
Councilman Brewer-What are you going to put in for ten thousand into a new
Chief Lettus-It is the labor it is the labor to put in light bars and radios and consoles and
everything in it. They do not give the stuff away unfortunately.
Supervisor Stec-I would just say as part of the resolution the town has also, anytime the Fire
Company and Fire Company or Rescue Squad wants to take out a loan they are required to
come to the Town Board and get a resolution approving that, often times it is a separate
resolution. This request to replace the vehicle coincides with the adoption of their contract
so as part of their resolution that adopts this we would be authorizing to take a six year loan
on a new Tahoe that they are going to get at a price not to exceed thirty five thousand seven
hundred and seventy six dollars. And then Councilman Brewer is asking questions about
the vehicle that they are going to be selling some of which is going to be rolled into this new
vehicle by either down payment or equipment. Most of it is going to be equipment.
Chief Lettus-One question for the Town Board we advertised it out on our sign to the public,
does that have to go in the newspaper or being on our sign for three days?
Supervisor Stec-Our requirement our only requirement because we went around the table
with some of the Fire and Rescue Squads about purchasing is that you have a policy. It does
not have to be our policy you need to have a policy we have reviewed your policy they are
not all identical. We suggest a policy some have adopted ours and others have adopted their
own. Whatever your policy is.
Chief Lettus-I just do not want to get myself and the department in any harm by not
advertising to the public for sale.
Supervisor Stec-You cannot go wrong with putting it in the paper but whether or not, we do
not require that you put it in the paper but
Councilman Brewer-Ask your Attorney if it is in your purchasing policy?
Supervisor Stec-Your Board of Directors should look at your purchasing policy, it may not
be clear in which case you might want to spend the money and put an ad in.
Chief Lettus-Last time we went over it with Jennifer Switzer, that is how long ago we sold
something. We put it on the sign as long as we had it, it was out there for three days for the
public to look at. Any more questions? I just do not want to get into trouble and have
somebody yell and scream that we did not advertise it to the public. We looked into trading
it in times we filled the holes and took everything off from it we were going to get seven,
eight thousand dollars for it. I was hoping there was a neighboring company that is going to
buy it.
Supervisor Stec-Hopefully that will work out for you.
Councilman Brewer-So, all the equipment that is in that truck now goes with it?
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Chief Lettus-Goes with it, we get more for it.
Councilman Brewer-You couldn’t use any of the radio’s or anything left from that truck?
Chief Lettus-Then you got to pay to have that stuff uninstalled and reinstalling to the other
one you are talking more of a cost, which unfortunately I do not really have money in my
operational budget to do that unless we come up to borrow more money and I don’t want to
do that.
Supervisor Stec-I do not want you to do that either.
Chief Lettus-So, just want to use what we have. Thank you.
Supervisor Stec-All right the public hearing has been closed and is there a motion to
approve?
RESOLUTION APPROVING FIRE PROTECTION SERVICE
AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE
SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. FOR
2008
RESOLUTION NO.: 199, 2008
INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
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 South Queensbury Volunteer Fire Co., Inc., (Fire
Company) have negotiated terms for a new one (1) year Agreement for fire protection
services, and
WHEREAS, the Fire Company also wishes to replace its current Year 2002 Chief’s
vehicle by trading it in or selling it and using the proceeds toward the purchase of a 2008
Chevrolet Tahoe and associated equipment, such cost not to exceed $35,776, and
WHEREAS, the Fire Company plans on paying for the new vehicle as follows:
1.$5,000.00 down payment; and
2.financing approximately $31,000.00 over six (6) years at 2.9% interest, with
monthly payments to be approximately $489.; and
572
TOWN BOARD MEETING 04-07-2008 MTG. #15
WHEREAS, the Town Board feels that this new vehicle will provide additional
safety protection for the Town, and
WHEREAS, in accordance with Town Law §184 and General Municipal Law
§209(b), the Town Board duly conducted a public hearing and heard all interested persons
,
concerning the proposed Agreement and the proposed vehicle purchase 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
South Queensbury Volunteer Fire Co., Inc., substantially in the form presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Fire Company’s trade-in or
sale of its current 2002 Chief’s Vehicle and using the proceeds toward the purchase of a
2008 Chevrolet Tahoe and associated equipment, such cost not to exceed $35,776 to be paid
for as follows:
1.$5,000.00 down payment; and
2.financing approximately $31,000.00 over six (6) years at 2.9% interest, with
monthly payments to be approximately $489.; and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to
execute such Agreement and further authorizes and directs 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 7 day of April, 2008, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
573
TOWN BOARD MEETING 04-07-2008 MTG. #15
ABSENT: None
2.3 PUBLIC HEARING – EMERGENCY AMBULANCE SERVICE
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS
FALLS EMERGENCY SQUAD, INC. FOR 2008
NOTICE SHOWN
PUBLICATION DATE: 3-21-2008
Supervisor Stec-This is a one year contract with the West Glens Falls Rescue Squad,
included in this is money for their paid staff and Bay Ridges paid staff those of you may
recall that we already had a public hearing for Bay Ridge and North Queensbury at which
time North Queensbury we let them go their own way on paid staffing so bear with me
here as I look it up here. The paid staffing that is in the West Glens Falls contract but is
for both West Glens Falls and Bay Ridge is two hundred and ninety seven thousand
dollars which is the total from last year vs. this year is up from three forty two and
change to a town wide total to three hundred and sixty. That four percentage difference in
the paid staffing is for an hourly rate increase it does not change the level of staffing at
any of these companies at all as far as how many crews on and how many hours a day.
Which I will say, is every where in the Town at least six am to six pm every day of the
week there is always at least one paid crew on and several days so of the week there are
two paid crews on simultaneously. So, again this is something that we started a few years
ago that went hand and hand with bill for service. I am happy to, those of you recall that
a couple of weeks ago we changed, passed a resolution after RFP process to change the
billing companies, we work closely with all three rescue squads and we are going with a
different billing company that will be …up here in the next few months and probably
st
take effect, I am hearing, around July 1. I can tell you that since inception and again
there are representatives from a few of the Squads here tonight and I do think that this is a
very significant accomplishment in the last four years that the Town and the three Rescue
Squads have been able to accomplish. The bill for service revenue for the Town year to
day since inception to date as of today was one million nine hundred and eighty six
thousand dollars and change, almost two million dollars in two and a half years. That is
holding your EMS tax rate down so we have greatly increased spending because we have
paid staff on to the tune of three hundred and sixty thousand dollars we added a new
building, certainly there are operating costs have gone up over the last four years but the
amount to be raised in taxes has gone down because of the bill for service which I think
has been very successful, there is always room for improvement that is why we shopped
it. But, so that is enough on paid staffing and bill for service. The contract went, the
remainder the balance of the contract is going for West from three hundred and forty five
and a half thousand dollars to four hundred and twenty five thousand dollars so it is up
almost ninety thousand dollars which is a twenty four percent increase, which is
significant and why we have public hearings. So, with that said I will open this public
hearing again, it is for a one year contract with West Glens Falls Rescue Squad. Is there
anyone that would like to address the Board on this public hearing? Mr. Auer
Mr. Doug Auer-Just curious, when a call goes out for a service and there is a visit made
by the squad how is the criteria set for that when they roll a piece of equipment?
Supervisor Stec-That decision is made in the Sheriff’s dispatch office, in the Sheriff’s
communication center. They have a chart or they have a computer consol that when a
call comes in they can identify where it is coming in from they can get information from
a caller as well but the dispatcher in the Sheriff’s Office is the one that makes the
decision who to roll. Then as far as how many minutes do they wait before the next one
rolls I am not familiar with that hierarchy there is about eight or nine people in the
audience tonight that are probably impressed that I knew as much as I just said. But as
far as how they dispatch ok, they didn’t roll so who do we roll next or when is the next
call or automatic mutual aid go out that is all handled by the dispatch person in the
Sheriff’s Com Center.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Mr. Auer-The next question is, is there a I do not know what you would call it but a
report generated or something that then cross foots to that call, in other words do they, is
there an incident report, I guess, I do not know what the right nomenclature would be.
Supervisor Stec-There is a patient care report that the squad itself generates what they did
for the patient what they issue was, that is all tracked in fact that document is also critical
in the billing process. But, I imagine there is probably a corresponding log or data that is
kept in the Sheriff’s Office that also says can we dispatch so and so I do not know how it
is organized but I am sure that they all some sort
Mr. Auer-I would hazard a guess that the fact that this is bill for service has greatly
improved the way that, that documentation is
Supervisor Stec-If is not accurate then they do not see a revenue so they have got the
Town that is saying we want the revenue so make sure that you are doing this correctly.
The other nice thing that I didn’t mention we are going to a new billing company and one
of the things and actually all the squads wanted this but the individual that pushed for this
the hardest who isn’t here tonight from Bay Ridge their Captain Jay Mayer, he was in the
office almost weekly wanting to push for an electronic PCR, so instead of somebody
filling it out by hand in which case you can omit something and there is a software
program that won’t let you submit it if it isn’t filled out accurately or completely. So, the
electronic PCR portion should make it more accurate.
Mr. Auer-Codes, essentially there are codes that are generated.
Supervisor Stec-It will not let you submit it without certain information.
Mr. Auer-Much the way the Health Department does with
Supervisor Stec-If you are on line and you are filling something out and it says hey, you
did not give us your address you know it will not let you submit it until you fill out the
minimum.
Mr. Auer-I got you, thank you. Ok, very well, thank you.
Supervisor Stec-Thank you. Is there any one else that would like to comment on West
Glens Falls Rescue Squads? Yes How are you doing Chet?
Councilman Montesi-How are you Chet?
Mr. C. Powell South-Pretty good, and you?
Supervisor Stec-Good, thanks.
Mr. C. Powell South- I reside at 29 Parkview Avenue I am a fifty five year member of
Queensbury Central and this year the tax levy for emergency services was three hundred
and ninety two thousand four hundred and fourteen dollars for the whole three squads.
West Glens Falls right at the present time budget that is going to be contracted here this
evening
Supervisor Stec-four twenty five.
Mr. South-Four twenty six?
Supervisor Stec-Four twenty five plus paid staffing.
Mr. South-I am not against any funds for West Glens Falls, Bay Ridge or North
Queensbury never have been. But, this year I have had the opportunity to use West Glens
Falls Squad twice and my wife had the opportunity to use the squad once and each time
we were billed three hundred and fifty six dollars and twenty five cents by our insurance
carriers, but my question goes to the fact that the insurance carrier says that the money
was paid to West Glens Falls.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Supervisor Stec-The money that gets collected whether it is from individuals where their
insurance goes to a lock box with Glens Falls National Bank. So, I do not know who told
you that
Mr. South-No, it is on my form.
Supervisor Stec-Ok. But, all the money makes it way to a lock box that the Town
controls, not the squads. They never actually see the money. They get this indirectly
through this contract but the money gets deposited into a lock box that the Town controls
at Glens Falls National Bank.
Mr. South-Because you stated a few minutes ago about a million some odd hundred
thousand
Supervisor Stec-Almost two million.
Mr. South-Two, almost two million and using an average of five calls per day, West
Glens Falls answers somewhere in the neighborhood of eighteen hundred and twenty five
calls last year which represents a total from what I have been charged ok, and there are
others that could be charged more because of the mileage to the Glens Falls Hospital,
could be a couple of miles greater, would be roughly six hundred and fifty thousand one
hundred and fifty six dollars, that insurance companies would be paying for the West
Glens Falls service.
Supervisor Stec-If we budget and I happened to look at these numbers earlier today if we
budgeted six hundred and sixty thousand dollars in bill for service revenue for 2008 and
that is approximately what the number is, there is a number that comes in on a daily
basis, Barbara and the ladies in the accounting office will laugh because that is a number
that I do ask for and get e-mailed to me every day is what the deposit was. Actually they
have a little spread sheet where they annualize it and last year we budgeted six thirty, and
we came in I think around seven hundred thousand dollars. This year we budgeted six
sixty, we don’t want to assume you are going to get too much revenue and that is where
some of our fund balance comes from that we have talked about. They are on pace for
over eight hundred right now. Now, we have eight months in the year, no one here is
ambulance chasing for more revenue and accidents or more need for the service, but you
know if you annualize where they are today they are on pace for significantly more than
we budgeted.
Mr. South-I think it might behold the Town Board and you as the Budget Officer to
attach to the resolution for all three squads the preceeding years accountability. That way
we set down and we look at it and we know that we are paying three hundred we will say
thousand through tax levy in our property taxes but we are also receiving from the lock
box six hundred and some odd thousand. This is hard to come up with these figures
especially when you have fire companies that are helping these squads as first responders.
I would suggest the resolutions from now on have an accountant’s statement as far as the
cost that the tax levy goes and so on and so forth so we all know. I know that I have
asked questions of different squad presidents where we stood with this lock box that you
call and they all seem to shy away from answering that and it gives me somewhat of a
shaky feeling, if you know what I am saying.
Supervisor Stec-That they don’t know?
Mr. South-Either they don’t know maybe what we need is a quarterly report or
something.
Supervisor Stec-We can certainly make sure that we are getting that is reasonable, make
sure that they understand the snap shot where they each are as far as what their budget is
and how much of that is coming from taxes and how much of that is coming from non
taxes the bill for service. The instance that you are talking about I am not sure if it is the
point that, the point that you are trying to make but this is that incident I am not looking
to open that can or worms here. This is one instance and it maybe the only one it is
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TOWN BOARD MEETING 04-07-2008 MTG. #15
probably the largest instance where an activity that is occurring outside of North
Queensbury is subsidizing North Queensbury. There are a lot of examples of the
opposite is true and like I said I am not looking…I will give you that but this is an
instance because the vast majority of that seven hundred to eight hundred thousand dollar
revenue, seventy percent of it is West Glens Falls EMS. So, they are bring in a lot more
revenue proportionately than the other two. That is just the nature they are running
eighteen hundred calls and North Queensbury might be running a hundred and fifty calls.
Mr. South-But at the same time they are being backed up by Bay Ridge and North
Queensbury.
Supervisor Stec-Yes. And that is why, we are treating, fortunately the squads don’t
publically look at it that way and I think that is probably because they also realize that
they are backed up by each other. Certainly Bay Ridge is doing a lot of double duty in
North Queensbury and West because they are in the middle. But, I think your point is a
fair one.
Councilman Montesi-The other point Chet is that you just can’t multiply it times eighteen
hundred calls because there is a percentage of those calls that can’t pay and don’t pay.
Mr. South-I understand that.
Councilman Montesi-That is the responsibility of the
Mr. South-But what I am doing, rough figures is what I was using the same as any other
tax payer in the Town of Queensbury would that understands mathematics. Thank you.
Supervisor Stec-Thanks Chet good seeing you. Is there anyone else that would like to
address the Board in this public hearing regarding West Glens Falls Rescue Squad
contract?
Councilman Montesi-In the past some of the rescue squads have gone for two year
contacts because West Glens Falls is relatively new in its building and really doesn’t have
all of the handles necessary on what the expenses will be on that building we felt that it
was fair for the rescue squad to do a one year contract.
Supervisor Stec-Is there anyone else that would like to address the Board of this hearing?
Ok. I will close this public hearing and entertain a motion from the board.
RESOLUTION APPROVING EMERGENCY AMBULANCE SERVICE
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST
GLENS FALLS EMERGENCY SQUAD, INC. FOR 2008
RESOLUTION NO.: 200, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
§
WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may
contract with ambulance services certified or registered in accordance with Public Health
Law Article 30 for general emergency ambulance service within the Town, and
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TOWN BOARD MEETING 04-07-2008 MTG. #15
WHEREAS, the agreement currently in effect between the Town and the West
Glens Falls Emergency Squad, Inc., expired on December 31, 2007, and
WHEREAS, the Town and the West Glens Falls Emergency Squad, Inc., have
negotiated terms for a new one year Agreement for general emergency ambulance services,
and
WHEREAS, the Squad also wishes to purchase a new 2008 ambulance for the
approximate purchase price not to exceed $171,000.00, and
WHEREAS, the Squad plans on paying for the ambulance as follows:
3.$17,000.00 down payment from the Squad’s Debt Service line in its 2008
Budget; and
4.financing approximately $154,000.00 over five (5) years, where
approximately $23,000.00 may be repaid from the Squad’s Debt Service line
on its 2008 budget; and
WHEREAS, the Town Board feels that this new ambulance will provide additional
safety protection for the Town, and
WHEREAS, in accordance with Town Law §184 and General Municipal Law
§209(b), the Town Board duly conducted a public hearing and heard all interested persons
concerning the proposed Agreement for emergency ambulance services and the proposed
ambulance purchase, and
WHEREAS, a copy of the proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the emergency
ambulance service Agreement between the Town and the West Glens Falls Emergency
Squad, Inc., substantially in the form presented at this meeting and authorizes and directs the
Town Supervisor to execute such Agreement, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Squad’s purchase of a
2008 ambulance for the approximate purchase price not to exceed $171,000,00 to be paid
for as follows:
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TOWN BOARD MEETING 04-07-2008 MTG. #15
1.$17,000.00 down payment from the Squad’s Debt Service line in its 2008
Budget; and
2.financing approximately $154,000.00 over five (5) years, where approximately
$23,000.00 may be repaid from the Squad’s Debt Service line on its 2008
budget; and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Budget Officer to take such other and further action necessary to
effectuate the terms of this Resolution.
th
Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES : Mr. Brewer
ABSENT: None
Discussion held: Supervisor Stec-Again thank you West Glens Falls
2.4 PUBLIC HEARING – ADOPTING NEW TAPPING FEE
SCHEDULE FOR TOWN WATER DEPARTMENT
NOTICE SHOWN
PUBLICATION DATE: 3-21-2008
Supervisor Stec-A couple of weeks ago we opened this public hearing there
was a correction that the Board was made aware of that came from the Water
Department for a couple of the tap rates and I know that Bruce also was able to
re-advertise with guidance from the Attorney for a couple of those fees.
Basically it has been a few years since we have addressed tapping rates, there
is a large table that I will not attempt to read it to you all, but basically if you
are in a water district and you are going to have a new tap installed whether it
is new construction or whatever and the Town comes out to do that you are
charged for that service. This would change the fees, they go up if you need a
bigger tap size you are going to have a larger charge. I think in the nut shell
that is the best way to explain what we are doing here. I will open this public
hearing if there is anyone that would like to comment on the Town Water
Departments tapping fee schedule just raise your hand.
Mr. Scott Rowland- 68 Wisconsin Avenue I am just curious as to wondering,
I just saw this in the paper today, the reasoning for the, the justification for the
increase in the fees.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Supervisor Stec-I going to have the, I will have the water department guy
come up, is that it, you want a little more detail?
Mr. Rowland-Yea. My biggest problem is the increase of the two inch tap was
only two hundred dollars and the increase for a three quarter inch was I think
seven hundred dollars.
Councilman Strough-Two hundred nine five
Councilman Brewer-Proposed fee, seven seventy the change is two twenty
five.
Supervisor Stec-Two twenty five is the difference for three quarter inch and
then two inch is six fifty. Actually as the size goes up the amount change goes
up. It goes from
Councilman Brewer-Did you see this
Supervisor Stec-Look at that and then if you want to come back and ask a
question certainly we can do that Scott. Bruce do you want to address the
Board and add to it what my introduction was. We will hear from Bruce and if
you want to come back Scott just raise your hand.
Councilman Montesi-That is why we pay you the big bucks Bruce.
Water Superintendent Bruce Ostrander-Basically and I think what his question
was why the three quarter inch tap fee went up more in relation to the others.
What happened was probably back in 2005 we used to do all of the taps in all
the new subdivisions, we no longer do that so at that time it was more like a
production line thing. When we went into a subdivision we might go in and
do thirty or forty taps there was no restoration, no blacktop so the cost per
three quarter inch tap was much lower. Now, the developer is doing that
portion, those taps and we are not doing those so every time we do a tap we
have to mobilize and do all the restoration and we do not have that assembly
line type of thing so that each tap went up quite a bit for the three quarter inch
taps. That is why they went up more. Generally all of the materials that we
use the cost have increased so that all the tapping costs have increased. But
that is why the three quarter inch fee went up more than the one inch or one
and a half or two inch fees.
Supervisor Stec-Thanks Bruce. Is there anyone else that would like to
comment or ask any questions on this public hearing, Scott, absolutely.
Mr. Rowland-If I understand you right Bruce the seven hundred and seventy
dollars for a short tap is just materials?
Superintendent Ostrander-It is materials and labor.
Mr. Rowland-You are putting labor on here also?
Superintendent Ostrander-Yes. We are trying to
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Mr.Rowland-In his budget you have already paid the guy to be there.
Supervisor Stec-From revenue sources like that and others, yes. We try to re-
coup all costs in that way from people that actually use the service, its
standard.
Superintendent Ostrander-We are trying to charge the person that is getting the
tap and not have the rest of the water district subsidize that.
Supervisor Stec-So, labor is included in that as well as materials. All right.
Mr. Rowland-But it cost you, because you are showing a three hundred dollar
difference I mean, a twenty five dollar increase in a two inch tap short side to a
three inch.
Superintendent Ostrander-The formula that I go
Mr. Rowland-But it is three hundred dollars more for a three quarter inch tap
compared to twenty five dollars for a two inch tap.
Superintendent Ostrander-Compared to what it was
Mr. Rowland-Compared to what it was to what it is going to and that is
justified.
Superintendent Ostrander-Yes.
Mr. Rowland-Ok. If you say so.
Supervisor Stec-Thanks Scott. Any one else that would like to comment on
this public hearing, seeing none I will close the public hearing and entertain a
motion.
RESOLUTION ADOPTING NEW TAPPING FEE SCHEDULE FOR
TOWN WATER DEPARTMENT
RESOLUTION NO. 201, 2008
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury previously established tapping fees to cover
the cost of Town ownership and installation of water services and meters installed for
residents and businesses receiving Town water service, and
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TOWN BOARD MEETING 04-07-2008 MTG. #15
WHEREAS, the Town Water Superintendent informed the Town Board that as a
result of an increase in material and labor costs, he recommends that the Town Board
increase its tapping fees to reflect such price increases, and
th
WHEREAS, the Town Board duly held a public hearing on Monday, April 7, 2008
concerning the Water Department’s proposed new tapping fee schedule and heard all
interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs
adoption of the Water Department’s new tapping fee schedule as follows:
Tap Size Present Fee With Proposed Fee With Present Meter Proposed Meter
Meter Meter Charge Charge
¾” short $475 $770 $225 $250
¾” long $750 $1230 $225 $250
1” short $750 $910 $365 $385
1” long $1150 $1380 $365 $385
1 ½” short $1050 $1150 $525 $550
1 ½ ” long $1500 $1800 $525 $550
2” short $1550 $1575 $650 $675
2” long $2000 $2200 $650 $675
[The above fees do not include any rock excavation. The cost for any such excavation
will be added to the applicable fee.]
and
BE IT FURTHER,
RESOLVED, that this new tapping fee schedule shall take effect immediately, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Water 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 7 day of April, 2008 by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
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TOWN BOARD MEETING 04-07-2008 MTG. #15
2.5 PUBLIC HEARING – WITHDRAWAL FROM CAPITAL
IMPROVEMENT PLAN RESERVE FUND #64 FOR INCREASE IN RUSH POND
BICYCLE/PEDESTRIAN PATH CAPITAL PROJECT #166
NOTICE SHOWN
PUBLICATION DATE: 3-21-2008
Supervisor Stec- We have an existing relationship for and an existing
amount set aside for LaBerge to do some work on behalf of the Town in
preparation for a possible Rush Pond Bicycle and Pedestrian Path. Their
correspondence to us has indicated that there is a few other sub-studies if
you will for lack of a better phrase that would be required. An archeological
phase, ecological services in the lake and that while the total is expected to
be less than twenty thousand dollars what this public hearing is going to do,
is going to increase the Rush Pond Capital Project #166 by an amount of
twenty thousand dollars to cover these and perhaps any other small ones.
Specifically there is an archeological service on for six thousand one
hundred and seven dollars and ecological service one for two thousand two
hundred dollars and another amount for six thousand dollars for wet land
delineation. So those totaled come to about a little over fourteen thousand
dollars and again so far also authorize through LaBerge is an amount for
seventy six thousand six hundred and sixty six dollars. So, this would
basically bring this project total from that seventy six six sixty three to
approximately, up to ninety six thousand six sixty three. This just sets aside
the money and the fund it does not appropriate it, that will come in the not
too distant future. Is that fair to say, Barbara, did I summarize it correctly?
So, with that said the public hearing is open if there is anybody that would
like to comment on this public hearing? Dr. Hoffman
Dr. Mark Hoffman-Fox Hollow Lane I have no objection to doing an
environmental study or archeological study I do hope that any environmental
assessment that is done would also consider potential alternatives to the
current design and route of the path. I am particularly interested in trying to
minimize tree cutting, minimize soil erosion, and minimize the amount of
the path that would be in the critical environmental area. Reduce the cost of
the path and when particular consideration that I would like to have looked
at would be whether the path could be run to the back of the school as its
main spur because there already is a probably a twenty foot wide dirt path
there that wouldn’t require any tree cutting. Most of it is not in a critical
environmental area there is paved parking available at the end of the route
there so it wouldn’t require any construction of any parking lots. I think it
would fit in nicely with the school’s desire to make the school more
pedestrian and bicycle friendly. With regard to the archeological study I just
wanted to comment that and I have not seen the current plans for exactly
where the route is going to go but there were in the preparation for Indian
Ridge there were archeological sites identified so whatever company is
going to do this archeological study should take a look at that it might save
them some work. I think that is what I , those were the main points that I
wanted to make.
Councilman Strough-So, I can respond to some of those. Yes, we are doing
an archeological phase 1A, phase 1B study. You have to keep in mind that
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TOWN BOARD MEETING 04-07-2008 MTG. #15
for the most part as per my requirements I have asked for this bicycle path to
be on top of the surface to minimize any digging into the earth so that will
reduced the potential for disturbance of anything that might be
archeologically significant. Now, to answer some of your other concerns for
the most part the trail currently uses and I spent considerably, considerable
time mapping this out as to already there. We have minimized the width of
the trail the preference for this trail based on Federal Standards is twelve
foot, the minimum is ten foot, we have gone with the minimum to avoid any
further environmental disruption. As you know we are currently using the
paths that are already there and for the most part that means very few trees
will have to be taken down in the areas where we will use the current paths.
Now, not only that, but the design that we are going to go with minimizes
construction costs and also minimizes environmental impact because we are
going to be going with what is called eporous pavement. The whole design
is completely different from porous pavement so the design will be a lot
more involved. But, I also want to say maintaining all those
environmentally standards we also made this ADA friendly, handicapped
friendly. So, not only will it be handicapped friendly and environmentally
friendly it will also connect neighborhoods and the school and commercial
districts and Gurney Lane and many other places in an alternate
transportation mode. It is also multi modal which means because of the
surface which is again pervious surface that people with inline skates and
people with baby carriages and people with wheel chairs everyone will be
able to use this potential trail and enjoy this trail.
Dr. Hoffman-I just wanted to point out that many of the paths that you are
referring to are very narrow paths, if you are looking at a ten foot paved path
with two foot shoulders on either side plus additional clearing for safety
reasons and so forth I think you are looking at much more clearing that you
might other wise expect. My experience with these types of things is that
you always end up with much more clearing and precutting than would other
wise have been thought to be the case. All of the goals that you setting forth
could be achieved by running at least part of the path up toward the back of
the school where there is already a very wide pre-existing path where no tree
cutting would be allowed, would be required.
Councilman Strough-Well, our first path did in fact go from the school
district and I do not think you were part of that, but the school district was
very hesitant for liability reasons to encourage this. So, I went and used
what is already pre-existing. I am going to continue working with the school
district and offer a more formal linkage to them as well.
Dr. Hoffman-I would encourage getting the school involved because I think
if they think about it I do not think the liability issues are all that great when
you think about the thousands of cars that go on the school property every
day the liability of that has got to be much greater than the liability of having
a bicycle path and certainly from a safety perspective if I was going to
kidnap a child it would be much easier to do it from a car than from a
bicycle. So, I think a lot of these liability concerns are far fetched.
Certainly with the change in attitudes recently in terms of becoming more
bicycle and pedestrian friendly, I think the school should seriously consider
incorporating a bike path.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Councilman Strough-I agree with you I think as many links and as many
connects as we can make even an additional one to the school would be very
good indeed.
Dr. Hoffman-But if you did the school one instead of other directions
Councilman Strough-We want to connect neighborhoods, we want to
connect the school with the neighborhoods.
Dr. Hoffman-But you have to balance different interests and one of the
concerns is the effect on the critical environmental area and the amount of
tree cutting that would be involved and if you can accomplish the same thing
without that same amount of tree cutting I think it is worth looking at.
Thank you.
Supervisor Stec-Thank you Doctor. Is there anyone else that would like to
comment on this public hearing tonight? Mr. Auer
Mr. Auer-I just want to say, John you still are on my Christmas list but I
want to thank you because this goes back a lot of years and people need to
know this. Dave Hodg… he originally did this as a feasibility study of his
own time and I would guess there is probably about ten thousand dollars
worth of effort put into it at the time that he did. He had contacted all the
land owners up through there and I think you are all aware of that, because
he is a mountain bike guy.
Councilman Strough-I had to go back through and do the same thing that he
did. At the time he did it society wasn’t ready.
Mr. Auer-There was a couple stick in the mud’s Sneedburg there or
whatever there was a situation there with one of the landowners that kind of,
but I sat on the Recreation Commission at the time and I have to tell you this
is going to be one of those things that will make that I want to take a little
credit for standing up for the Hudson River Park will pale Hudson River
Park by comparison, and I know there are a number of people who were
very much against Hudson River Park at the time and I will not make any
comments as to who it was but
Councilman Brewer-The guy sitting on the end you mean?
Mr. Auer-That is ok Tim, that’s ok, I understand. But that did work out for
the good, we are going to benefit by that no question. I think this is going to
be one of those really, really good things that is going to happen and I have
no doubt that the school will come along on this. But, that is a magnificent
piece of property back in there and those ,of those that have had the
opportunity to look at it, I have not been back in there in probably fifteen
years but the reality is this is a great project. Just so I understand end of end
cost on this is about ninety what did you say ninety something thousand?
Supervisor Stec-So far up to ninety six and change.
Councilman Montesi-Engineering
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Supervisor Stec-Engineering, the prep work.
Mr. Auer-You know it is amazing because if we would have done this at the
time and I had an estimate at the time Recreation Commission we could
have done it for about twenty four thousand dollars.
Councilman Strough-That was about the mid 80’s.
Mr. Auer-Yea. So it’s a good thing that we were not asked to land a man on
the moon in 1961 because you know what we would be still building a tower
somewhere in North Dakota to get there. So, thank you John because this is
real work, real work and I know how hard you worked on this thing. I
would like to see the rest of you folks put the same kind of effort into what
you do.
Councilman Strough-In communities that encourage alternate transportation
is safer for the children.
Mr.Auer-Absolutely.
Councilman Strough-But the medical rate costs go down and the home
values go up.
Mr. Auer-Along the lines of what this is going to do as so far as a
pedestrian/bicycle thing finally will you guys shoulder strip the town roads
for a wide enough what they call traffic calming. Strip, narrow the road up
because it slows traffic down automatically and it gives people some room at
the edge of the road. We have talked about this a number of times it goes no
place. It is easy to do it is paint and a spraying machine just move it out a
couple of feet or what ever people slow down, school is a perfect example in
front of the school there is only fifteen feet of travel portion, for twenty
miles per hour what ever the speed limit is there. If you cannot drive within
a ten foot travel portion you should not have a license. We should be doing
that all over the town it is easy to do. Thank you.
Supervisor Stec-Is there anyone else that would like to comment on this
public hearing? Ok. I will close this public hearing.
Councilman Montesi-I have a comment, Bob Hafner wrote the Town Board
a note on this present contract I am whole heartedly in favor of this and want
to work with John to make this work. Bob do you want to just address a
couple of things that maybe we have over looked or?
Town Counsel Hafner-We were asked to review the contracts, the three
contracts that are being paid for here. We have no comments about the
project itself, it is just the terms of the contract. We have worked for the
Town for a long time and
Supervisor Stec-In total.
Town Counsel Hafner-we know the types of comments that come up and we
wanted to make sure that certain things were clear with two of the contracts.
Two of the contracts with North Country Ecological Services Inc. have
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TOWN BOARD MEETING 04-07-2008 MTG. #15
certain provisions in there that I just want to make sure that people
understood that their terms of the contract. My understanding when I was
told that the contracts were fixed fee amounts but there is provisions in the
contract that could make the fee end up being more. I wanted to point out
some of them. There letter proposal talks about the types of things that
would increase the costs in effect, one of them being bad field conditions
being bad weather during field visits, that is something that I could see a
Board saying you know why are they doing this we thought it was a fixed
fee. It is up to you guys whether you want to accept it or not, we wanted to
point it out to you. They also have if there are agency comments which
could be agencies like DEC or it could be agencies like you if there are
comments that create more work. We understand that a lot of people bill
based on time but that is something we want to know in there wanted to let
you know. It said that it might cost more if there is a lack of boundary
evidence provided in the field, I grew up here and I couldn’t tell you where
the boundaries of Rush Pond ends and begins so that might be something
that someone would want to make sure it is not going to be an issue and end
up costing you more. If you require people to attend meetings besides the
two site visits that also might run up the costs. Also, we know that you have
had questions in the past about contracts with people providing services and
what fees are and are not included and we wanted to make sure that while
the letter agreement talks about a fixed fee amount which is what I think is
intended they attach their standard contract terms which makes it to me a
little bit ambiguous whether or not they are going to charge for expenses or
whether those expenses are intended to be included in the twenty two
hundred. It seems to me that it might be possible that things for travel and
they say subsistence which I would interpret as food type of things which I
am not, it is not normally in a contract. Communications, over night mail,
computer usage, special equipment costs and when you are hiring these
people because of the knowledge they have and the equipment that they
presumably have and special insurance premiums and I would have thought
that you would have wanted those things clarified. I would have thought
that those expenses would not add to your bill that they would have been
included in the quote and I think that is a simple matter to clarify.
Supervisor Stec-A couple of things Bob to that and I want to actually step
back first and point out a couple of corrections that I think Tony has made
Darleen aware of and then I want to correct something that I said earlier. On
page three on the bottom half of page the resolved where there is one, two,
three, Birchwood Archeological, on the resolution, Birchwood
Archeological the number two is North County and I imagine that is
supposed to be Country not County and also North Country Ecological
Services on number three that I think we omitted accidentally the word not
to exceed, it is current written to exceed. So, for starters I point that out that
is obviously a protection here so I want to make sure for the record we
correct that. Two, I think I earlier said and certainly if anyone wants to
comment based on this correction certainly we will allow that. In addition to
increasing the Capital Fund I think I had said that we were not at this point
engaging we are in fact engaging by this resolve that we just talked about
Birchwood Archeological for an amount not to exceed six thousand one
hundred and seven dollars, North County or is it North County or Country
Town Counsel Hafner-Country
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Supervisor Stec-North Country Ecological Services for an amount not to
exceed two thousand two hundred for the environmental assessment,
ecological services, habitat assessment, Karner Blue Assessment and then
the third one North Country Ecological Services for an amount not to exceed
six thousand dollars for provision of wetland delineation. So, I think I said
earlier that we were not by this resolution engaging them and I just want to
make that clear that in addition to setting aside the monies in the Capital
Project that we are in fact engaging them. So, certainly I apologize if I
confused anybody if anyone wants to come back, but the point that I wanted
to make Bob after making those two points is certainly this authorized like
most of our other resolutions that engage for services a contract that usually
it says and I have not flipped to the last page but it allows the Town
Supervisor before signature if we need to tweak the contact we can. So, we
certainly want to make the public and the board aware that if the Town
Board is concerned at all by the things that Bob just mentioned and they are
not comfortable with the mere fact that we capped the total amount that
certainly if Bob thinks it is prudent and these two entities that we are going
to engage agree that you know the contact might be clarified further to
address some of Bob’s concerns. I just thought that I would throw that out
there.
Town Counsel Hafner-It may not be the concerns of the Board but I wanted
to make sure the Board knew.
Councilman Brewer-Bob can we approve this contract contingent upon those
four things you outlined here being addressed or should we not?
Town Counsel Hafner-Sure you can, I agree with Dan that the standard,
again I did not draft the resolution but the second to the last resolve has the
language that we always used to put in the resolutions when we drafted them
for you, that says that the Town Supervisor is authorized to sign any
necessary agreement and all we have to do is, in a form acceptable to the
Town Supervisor and Town Counsel.
Supervisor Stec-Which normally we do.
Town Counsel Hafner-That is the norm, it doesn’t say that.
Supervisor Stec-Darleen could you insert, I am assuming that the Board is
going to be comfortable with that, again most of our resolutions do say that.
That last resolved at the bottom of page four authorized and directs the
Town Supervisor to sign any necessary agreement with documentation
associated with such project in the form acceptable to the Town Supervisor
and Town Counsel.
Councilman Montesi-It is critical to that we pass this contract tonight
because, there is a time frame when this can get done and we definitely
really want to do and I am comfortable with the fact that not to exceed is in
there and maybe you should tap them on the shoulder and just
Supervisor Stec-Tony caught that.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Councilman Montesi-allow our concerns
Supervisor Stec-Did you get those two changes?
Town Counsel Hafner-A lot of times, it may be that they just have standard
provisions, that they intended…I am not making any comments about that I
just want to point it out because some times later …you guys say that is not
what we thought we were…
Supervisor Stec-This will authorized those three contracts not to exceed
those three amounts in a form acceptable to the Town Counsel, myself and
basically the concerns or questions we have are you already have in that
memo, and Bob is absolutely right it may not be a big deal at all. I do not
want to spend too much time on it, because …bothered by it.
Councilman Strough-North Country for example …does delineate very
clearly what it will do for that money, it makes it very clear what it will do
for that money and it also says in addition if unforeseen events did occur that
ok, that it would negotiate with the client prior to advancing so it has that
clause in there. So,
Councilman Brewer-Negotiate that could cause the contract to go up right?
Councilman Strough-If there, for example there is always unforeseeable.
Councilman Brewer-Right, why wouldn’t we have them come back to us is
there is.
Supervisor Stec-Well, that is why you do a not to exceed.
Councilman Strough-They would re-negotiate the extra services with us.
Councilman Brewer-I think we are pretty well covered.
Supervisor Stec-I think we are covered too.
Town Counsel Hafner-I think that we will be protected and it is just that, that
letter incorporates their standard language which some of it didn’t seem
exactly consistent and that is why I wanted…
Councilman Strough-Ron is right the habitat study in about two weeks the
Frosted Alpine and the Karner Blue will be out and about and it has to be
done at that time.
Supervisor Stec-Darleen, had I closed the public hearing on that?
Town Counsel Hafner-Yes you had.
Supervisor Stec-Is there anyone that comment, like I said I made a
correction in my mis-statement is there anyone that wants to comment?
I will re-open the public hearing for any additional comments.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Mr. John Davies-Gurney Lane I too would like to echo Mr. Auers
comments in congratulating John for all the work he has done on the bike
path. I would also like to mention something else I am a member of the
National Bicycling Coalition I get their newsletters and I share those with
John periodically through e-mail and they have a program called Bicycle
Friendly Communities and it is a two step application process and you can
click on that website and there are almost no bicycle friendly communities in
New York State. I think the City just because bicycle friendly after adopting
certain ordinances and you know paint the streets and that type of thing and
providing appropriate shoulders. This is an incredible area for cycling. I
just happened to be in Cambridge for their big cycling event now and I think
it brings a lot of business in. I would just like to encourage the Town to give
some consideration to looking at this program in terms of what it might
bring to the Town of Queensbury if we could advertise that yes we are
bicycle friendly community and it might bring a lot of business to the area.
Thank you.
Supervisor Stec-Thanks John, I appreciate that, John. Is there anyone else
that would like to address this public hearing before I close it for a second
time this evening. I will close the public hearing. Any other discussion
from the Board I will entertain a motion.
RESOLUTION AUTHORIZING WITHDRAWAL FROM CAPITAL
IMPROVEMENT PLAN RESERVE FUND #64 FOR INCREASE IN
RUSH POND BICYCLE/PEDESTRIAN PATH CAPITAL PROJECT
#166
RESOLUTION NO.: 202, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board previously established a Capital
Improvement Plan Reserve Fund #64 (Fund #64) for future Town project developments,
and
WHEREAS, by Resolution No.: 178,2007 the Town Board authorized
establishment of the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166 to fund
expenses associated with the Multi-Use Rush Pond Bicycle/Pedestrian Path (Project) and
authorized funding for such Capital Project Fund #166 in the amount of $76,663, and such
funds were transferred into such Fund #166 from Capital Improvement Plan Reserve Fund
#64, and
WHEREAS, Resolution No. 178, 2007 also authorized engagement of the services
of the Laberge Group for design of the Project and in accordance with the Laberge Group’s
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Agreement with the Town, Laberge Group solicited proposals for Archaeological Phase
IA/IB and other ecological services, and
WHEREAS, the Laberge Group reviewed all received proposals for such services
and such services will increase the Project costs and therefore the Town Board wishes to
supplement Capital Project Fund #166 in the amount of $20,000 to cover such increases as
well as future expenses and reimbursables, and
WHEREAS, the total for the Capital Project Fund #166 after the CIP fund allocation
will be $96,663, and
WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of
moneys from Fund #64 in the amount of $20,000 for the supplemental Project, and
§
WHEREAS, in accordance with New York State General Municipal Law 6(c), the
Town Board is authorized to withdraw and expend funds from Fund #64 subject to
permissive referendum,
WHEREAS, the Town Board scheduled and duly held a public hearing on
th
Monday, April 7, 2008 concerning the supplemental Project and heard all interested
persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board authorizes and directs the $20,000
increase in the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding
for such supplemental Project shall be by a transfer from the Capital Reserve
Fund #64 in the amount of $20,000 to transfer to Rush Pond
Bicycle/Pedestrian Path Capital Project Fund #166, and
BE IT FURTHER,
RESOLVED that the Queensbury Town Board further authorizes and directs the
Town Budget Officer to take all action necessary to increase the following accounts for
such appropriations and revenues as necessary:
?
Revenue Acct No. – 166-0000-55031 (Interfund Revenue) $20,000; and
?
Expense Acct No. – 166-8020-2899 (Engineering) $20,000;
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TOWN BOARD MEETING 04-07-2008 MTG. #15
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Budget Officer to amend the 2008 Town Budget, make any adjustments, budget
amendments, transfers or prepare any documentation necessary to establish such
appropriations and estimated revenues, and
BE IT FURTHER,
RESOLVED, that in accordance with recommendations from the Laberge Group,
the Town Board further approves and authorizes engagement of the services of the
following low bidders:
1.Birchwood Archaeological Services for an amount not to exceed $6,107
for provision of Archaeological Phase IA/IB services (Cultural Resource
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Survey) in accordance with Birchwood’s March 5, 2008 letter and
contract;
2.North Country Ecological Services, Inc. (NCES) for an amount not to
exceed $2,200 for provision of environmental assessment/ecological
services/habitat assessment/Karner Blue assessment of the subject
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property in accordance with NCES’ February 26, 2008 letter-form
proposal; and
3.North Country Ecological Services, Inc. (NCES) for an amount not to
exceed $6,000 for provision of wetland delineation services in accordance
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with NCES’ February 6, 2008 letter-form proposal;
and
BE IT FURTHER,
RESOLVED, that the Laberge Group, as part of their scope of work as outlined
by the contract between the Town and the Laberge Group, shall oversee the services of
Birchwood Archaeological Services and North Country Ecological Services, Inc.
authorized hereunder and review not only such services and associated reports and
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TOWN BOARD MEETING 04-07-2008 MTG. #15
materials provided to the Town, but also review and approve their bills for services, and
BE IT FURTHER,
RESOLVED, that Birchwood Archaeological Services and North Country
Ecological Services, Inc. shall be required to provide insurance certificates in form
acceptable to the Town Budget Officer prior to their starting any work under the contracts
approved hereunder, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, to sign any necessary Agreements or documentation associated with such
Project in a form acceptable to the Town Supervisor and Town Counsel and the Town
Supervisor, Senior Planner, Director of Parks and Recreation and/or Town Budget Officer to
take any and all other 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.
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT : None
ND
2.6 2. PUBLIC HEARING – SUBMISSION OF APPLICATION FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THROUGH NEW
YORK STATE ADMINISTERED SMALL CITIES PROGRAM AND
AUTHORIZING ENGAGEMENT OF SHELTER PLANNING &
DEVELOPMENT INC.
NOTICE SHOWN
THTH
PUBLICATION DATE: 3-7 AND 28 2008
Supervisor Stec-Stu Baker is putting the screen down behind us he has a
very brief power point presentation. At our last Regular Town Board
Meeting Stu made a presentation about this grant application process and
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TOWN BOARD MEETING 04-07-2008 MTG. #15
this is the second one. We at the time had mentioned that there would be
two of them, this is the second one. I will also note that Bob Murray and
Marilyn Ryba from Shelter Planning are both here tonight. What I am going
to do is I am going to turn this over the Stu, I will get out of the way, he is
going to do his presentation then we will open it to the public hearing and
we will take any comments. So, with that let me get out of the way.
Sr. Planner Stu Baker-Good evening, I am Stu Baker Senior Planner with the
Community Development Department here at the Town of Queensbury and
this evening we are doing the second of two required public hearings
necessary prior to the Town submitting a 2008 Community Development
Block Grant Application. As many of you may know we did a first public
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hearing on this topic on March 17 at that time we provided a no review of
the Federal Legislation and the three national objectives of the Community
Development Block Grant Program. We also discussed the New York State
Small Cities Program and the five state objectives within that. Tonight I am
going to discuss our proposed 2008 Community Development Block Grant
CDBG Application Program design. As many of you may know the Town
of Queensbury has been involved in applying for grants to support owner
occupied single family housing rehab, since about 2001. In 2003 the Town
also with the use of CDBG Grants created an affordable housing strategy
and as you can see Shelter Planning and Development as well as the Chazen
Company were involved in the creation of that plan. That plan in effect
created the blue print and outline of the Town’s strategy that we have been
following to date and the work that we have been doing over the last ten
years thus far focusing primarily on owner occupied single family homes is
indeed called out and supported by this study. We have done work on about
seventy different owner occupied households in the Town of Queensbury to
date. Thirty nine of these units have actually been worked on with support
of previous community block grant funding. Seventy units is a lot of work
and we have benefited a lot of low and moderate income house holds but as
this slide shows we have quite a waiting list and quite a remaining demand.
I apologize for the faintness of the lines on the map, but as I hope is apparent
this is a map of the Town of Queensbury. The neighborhood highlighted on
the lower right hand corner is South Queensbury on the lower left hand
corner is West Glens Falls and then of course there is the remainder of the
Town. We have one hundred and twenty one income eligible single family
owner occupied homes throughout the Town right now on our waiting list
for assistance. As this map indicates twenty six of those are in South
Queensbury, forty four in West Glens Falls and fifty one are elsewhere
throughout the Town. Our intent with our 2008 Community Development
Block Grant Application is to try to address the needs and further address the
needs I should say in South Queensbury and West Glens Falls. We will be
applying, we plan on applying for four hundred thousand dollars to continue
the Town’s housing rehab assistance program again, as I mentioned we will
be targeting South Queensbury and West Glens Falls where the Town has
done a lot of work to date and as you can see there remains a lot of demand.
Thus far the town’s rehab programs have limited maximum grant eligible
costs to twenty thousand dollars, as costs have increased we have found that
twenty thousand dollars is not covering it, in fact the typical cost of a rehab
projects in the past four years has been more in the twenty three thousand
dollar range. So, we are proposing with this application to increase the
minimum, I am sorry increase the maximum eligible grant cost per project to
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TOWN BOARD MEETING 04-07-2008 MTG. #15
twenty five thousand dollars. The Town Board also has created a revolving
loan fund with previous Community Development Block Grant Money and
those funds are used for providing up to five thousand dollars for additional
eligible rehab work. So, we are looking at possibly support costs, individual
project cost of up to thirty thousand dollars although typically most projects
do not come in for the additional loan moneys. As with our previous efforts
the grants and the loan funds result in a lien on the property, the loan is
typically a no or low interest loan depending on the income level of the
household that benefits from it. It is, if low interest there is a monthly pay
back required if there is no interest it is actually a deferred loan that is not
due to be paid to the Town until such time as the property transfers. For the
grant funds in this case up to twenty five thousand dollars it results in a five
year lien that is intended to encourage the recipients of the grant to remain in
their home and indeed their neighborhoods for at least five years. If they sell
the property or no longer reside there anytime before five years the grant
must be paid back to the Town at a prorated basis. Eighty percent after one
year, sixty percent after two years excreta. Our goal of this application is to
hopefully assist eighteen to twenty in our two target areas and that would be
over a two year period. In terms of income eligibility the table maybe a little
small but I will go through it. The income eligibility per house hold is set by
the Federal Government the Department of Housing and Urban
Development and it is based on the median family income for the area. In
this case it is all Warren and Washington Counties. For a household size of
four people households making at or below forty six thousand nine hundred
dollars maybe eligible for assistance. In terms of what types of repair and
re-hab work is eligible, the funds are typically used for major structural and
electrical and plumbing improvements, such as foundations, roofs, heating
systems, plumbing, electrical systems deficiencies. The funds are also
available for work in replacement of septic systems, for properties,
residential properties in the Main Street area of West Glens Falls if the
timing works out and there is additional eligible work on the household the
funds could be used to assist in the covering the cost of the lateral
connections to the new sewer line. As part of the rehab work the contractor
also does address any lead based paint hazards related to the work being
conducted on the property. The Town is proposing in this program to
continue our partnership with the Warren, Hamilton Community Action
Program, through that each property that is assisted also gets an energy audit
and that audit will show if the household is in need of additional
weatherization and energy efficiency improvements. Many of which can be
paid for with Community Action funds. At this point I do want to point out
that property owners that are on our waiting list in South Queensbury and
West Glens Falls have been sent a letter from the Town asking them to fill
out an updated information form that will give us the most current
information on income eligibility and the rehab needs which we will use to
help support this application. The application at this point is due in Albany
st
on April 21. I would ask as a closing note that if everyone present could
please sign a sheet that we have at the table over there, that will help point
out to the New York State Office of Small Cities who was here for this
public hearing and would certainly help support our application. So, on your
way out this evening if you could please sign that sign in sheet, that would
be very helpful to our effort. That concludes the presentation. If you have
any question you can contact me at this number or at our e-mail address. At
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TOWN BOARD MEETING 04-07-2008 MTG. #15
this point I would welcome any questions or comments from the Board or
the Public.
Supervisor Stec-Thanks, Stu. I will wait for the Board to come on back up,
if you want to put the screen up as we do that. Thank you Stu. I will open
the public hearing and first just ask you a quick question just for background
information, what is the grand total of grants that have been awarded to the
Town of Queensbury in the last four years or so?
Sr. Planner Baker-In terms of funds I believe we are around one point two
million.
Supervisor Stec-That is how many separate grants? Three, Four
Councilman Brewer-It is one point three anyways, it started in ’02 and went
every other year almost, didn’t it.
Supervisor Stec-There is a couple that have been four hundred but there
were a couple that were smaller.
Sr. Planner Baker-We have had five grants awarded to date.
Supervisor Stec-Five grants totaling about one point three million dollars.
Tim, how many families has this touched?
Councilman Brewer-Seventy, well I can tell you that I think Bob Murray
gave me the numbers last year and I cannot honestly, seventy some homes
we have, seventy some families we helped.
Supervisor Stec-One point three million dollars over five grants over the last
five years or so effecting seventy homes. That is a lot of real work Stu, you
and other should be applauded for your efforts in putting forth some real
solid work for the residents of the Town.
Councilman Brewer-It has benefitted a lot of families it truly has,
Supervisor Stec-I have met a lot of them and they are very appreciative.
Councilman Brewer-In ways that you cannot really mention.
Supervisor Stec-It is making a big difference. So, with Bob and Marilyn
both here I know that they are in the back of the room I want to make sure
then hear it from me as well, they are making, they are helping make a big
difference in the Town of Queensbury to a lot of people. This is a lot of
effort that goes into getting these grants, tracking these grants administering
these grants, hiring the contractors for these grants, working with shelter
planning, Stu does most of it but
Councilman Brewer-Well, I got to tell you Marilyn does an awful lot or
work with the clients and contractors, just recently her and I were at a
constituents place and literally she took twelve notes, or twelve pages of
notes pertaining to this one application so thank you Marilyn for all your
hard work.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Supervisor Stec-I will just say, Marilyn if Jennifer Switzer is home watching
this I want her to hear me say that you are my favorite former employee. I
do not mean the former part I miss you and I wish you would come back, but
you are happy Bob is taking care of you and darn it you got a good new
employer. Again the public hearing is open if there is any one that would
like to comment on this public hearing I would be happy to hear from you.
Mrs. Monahan
Mrs. Betty Monahan-I just have a couple of questions, actually. Because of
the source of this money do the contractors have to pay the public works
rate?
Councilman Brewer-I do not believe so Betty.
Supervisor Stec-Stu, I am not sure off the top of the head, Stu do you know?
Sr. Planner Baker-I do not know that the billing wages apply, Bob or
Marilyn?
Supervisor Stec-Hi, Marilyn thanks for letting me poke fun.
Mrs. Marilyn Ryba-The prevailing wage rates Davis Bacon Act applies if
there are eight or more units in a residence so since this is primarily single
family occupancy we do not have to follow those.
Supervisor Stec-Some good news from the State.
Mrs. Monahan-The other one is I am assuming that this is going to increase
the value of the property so are we helping the people with one hand be
taking it away from them the other hand because there assessments go up?
Supervisor Stec-Stu has an answer to that.
Sr. Planner Baker-Typically the types of improvements that we are doing on
these properties don’t increase the curb value or the market value on the
property we are primarily addressing major health, safety and welfare issues,
such as leaking roofs and failing plumbing systems, failing septic systems
and in generally speaking the work we do does not result in an increase
market value on the home. But, it does result in a much safer living
environment for these households.
Mrs. Monahan-I just wanted to make sure that we were not taking things
away from them.
Supervisor Stec-Absolutely, that is a very good point and question.
Sr. Planner Baker-Just one other thing that you asked about what the sources
of the funds were, the Community Development Block Grant program
originates with the Federal Government.
Mrs. Monahan-That is what I figured so I wondered about prevailing wages.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Supervisor Stec-Is there anyone else that would like to address this public
hearing, this final public hearing or the evening? John?
Mr. John Davis- I just have a curiosity question if you could give us just a
brief capsulation of what the selection process is in terms of you have a
hundred and fifty eligible applicants you are only going to be able to fund
twenty of those, I know it must be a very difficult process, I am sure it is
well outlined but I have no idea what it is, so if you could just give us an
idea of that?
Sr. Planner Baker-Generally what we look at is the income of the house
hold, everybody needs to, every house hold to be eligible needs to be out of
the low eighty percent of the median family income for that house hold size
for our region. We also look at the types and severity of the repairs that are
needed. If somebody has an onsite septic system that is failing that type of
work is going to take precedence over somebody that needs a more efficient
windows put in. We are trying to address the major health and safety issues
up front as best we can and also address those in the highest financial need.
For this particular application, again, we are targeting South Queensbury and
West Glens Falls and we have about seventy households on the waiting list
there. It is about a hundred and twenty town wide but seventy in the target
areas.
Supervisor Stec-So, let me ask the logical follow up question then who
makes that decision.
Sr. Planner Baker-That decision is typically made by myself working with
Shelter Planning and Development and we also consult with the Town
Board. It is important at this time however to point out that all of the
application materials that are submitted by the households are kept in
confidentiality and in all the cases actually where the Town Board is passing
resolutions to fund individual projects the Town Board doesn’t even know
who the house hold is you only see a vendor number and you generally
know the neighborhood, South Queensbury, West Glens Falls. There are
cases where we consult with individual Town Board Members to help with
the selection process but this Town Board and prior Town Boards have been
very good at keeping that information confidential. That is vital to the
success of the program as well as being a requirement of Federal Law.
Supervisor Stec-Is there any other public comment on this Public Hearing
tonight. Seeing none I will close this public hearing and entertain a motion.
RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION
FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THROUGH NEW YORK STATE ADMINISTERED SMALL CITIES
PROGRAM AND AUTHORIZING ENGAGEMENT OF
SHELTER PLANNING & DEVELOPMENT, INC.
RESOLUTION NO.: 203, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
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TOWN BOARD MEETING 04-07-2008 MTG. #15
SECONDED BY: Mr. John Strough
WHEREAS, by Resolution 168, 2008 the Queensbury Town Board scheduled
two (2) public hearings concerning the Town’s proposed application for
Community Development Block Grant (CDBG) funds through the New York
State Administered Small Cities Program, and
WHEREAS, the Town Board duly conducted its public hearings on Monday,
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March 17 and Monday, April 7, 2008, heard all interested persons, reviewed its
housing and community development needs anddeveloped a proposed program and
application for the CDBG funds, and
WHEREAS, the Town’s Senior Planner has advised the Town Board that the
New York State Small Cities Office is now accepting applications from eligible
communities to compete for the CDBG funds, and
,
WHEREAS the Town Board wishes to authorize submission of its application for
the CDBG funds, and
WHEREAS, the Town’s Department of Community Development (Department)
has informed the Town Board that it will need assistance to complete the funding
application, and
WHEREAS, the Senior Planner of the Department has recommended that the
Town engage the services of Shelter Planning & Development, Inc., to provide such
assistance as outlined in their proposal to the Town dated February 4, 2008, and
WHEREAS, the Senior Planner of the Department has recommended that the
Town engage the services of Shelter Planning & Development, Inc., to expend an amount
up to $6,000 for the development and submission of a Small Cities grant application due
April 21, 2008, to be paid from the appropriate account,
NOW, THEREFORE BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
engagement of Shelter Planning & Development, Inc., to provide community
development strategy and grant application assistance for the purpose of putting together
a complete Small Cities grant application, and
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TOWN BOARD MEETING 04-07-2008 MTG. #15
BE IT FURTHER,
RESOLVED, that the Town Board authorizes a transfer of funds in the amount of
One Thousand Dollars ($1,000.00) from Account No.: 001-8020-1010 (Salaries) to
Account No.: 001-8020-4720 (Consultants) and authorizes and directs the Town Budget
Officer to take any and all action necessary to effectuate this transfer and 2008 Budget
Amendment, and
BE IT FURTHER,
RESOLVED, that a payment not to exceed Six Thousand Dollars ($6,000.00)
shall be paid from Consultant Services Account No.: 001-8020-4720, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and directs
submission of the Town of Queensbury’s application for Community Development Block
Grant (CDGB) funds through the New York State Administered Small Cities Program to
the Office for Small Cities, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to
sign any necessary documents in connection with the submission, including all
applications, certifications and forms and further authorizes and directs the Town
Supervisor and Community Development Department to take such other and further
action as may be necessary to effectuate the terms of this Resolution.
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT : None
3.0PRIVILEGE OF THE FLOOR (RESOLUTIONS ONLY LIMIT – 3
MINUTES)
Mr. Pliney Tucker-41 Division Road Resolution 4.4
Supervisor Stec-Noted that approximately $563. dollars left in the fund and this will close
that fund and return it to the Recreation Reserve Fund.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Mr. Tucker-Resolution 4.8 Question why this wasn’t handled during the budget?
Supervisor Stec-We didn’t really look at it, Dave did approach us and the Town Board
discuss with him his compensation in light of the fact we do not have an Executive
Director and he has basically taken on the additional role.
Mr. Tucker-You are appointing several members to different boards?
Supervisor Stec-The last Town Board workshop we had all interested candidates that
expressed interest in those positions up until a few days before the workshop come,
tonight we will be appointing George Drellos to the ZBA, we still have opportunities for
two more people that we need to fill sometime in the near future. We are appointing Jack
Perna to the Board of Assessment Review and appointing Jim Underwood as Chairman
of the ZBA.
Mr. Tucker-The Landuse Planner?
Supervisor Stec-We are hiring a land use planner, the Town Board interviewed a couple
of finalist candidates after a screening process involving two Town Board Members and
some staff, tonight we will be appointing Keith OBorne.
Mr. Tucker-My question on all of those are they all residents of the Town of
Queensbury?
Supervisor Stec-Mr. Oborne is not but he is not required to be, the others are all town
residents.
Mr. Tucker-He may not be required to be but me personally if he is calling the shots for
me he ought to be right here where the action is.
Councilman Brewer-We have to also consider Pliney the applications that we received
too.
Mr. John Salvador-Resolution 4.10 Before George Drellos is appointed a member of the
ZBA, shouldn’t the alternates be first appointed as members?
Supervisor Stec-They are not required to be, there are three openings on it right now after
tonight there will still be two openings, presumably we can appoint those other two
alternates into two openings we haven’t yet because I wanted a chance, they were not
available they were invited to but neither one could attend last Monday night.
Mr. Salvador-I think it is highly inappropriate, you have asked these people to serve as
alternates they have been diligent they have been at the meetings they have filled in at the
last ..
Supervisor Stec-No one is saying that they will not be appointed we have three openings
and two alternates.
Mr. Salvador-The order of business should be to take care of those two people if they
don’t qualify they don’t qualify.
Supervisor Stec-They qualify.
Mr. Salvador-Then they should be appointed first and then Mr. Drellos. Before George
Drellos can serve as voting members of the ZBA I believe State Law requires that he
complete a four hour training course. Isn’t the Town of Queensbury supposed to have an
approved training program in place which should be completed before he can vote.
Supervisor Stec-I am not familiar with the details of the process but whatever the process
is it will continue to be consistently followed.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Councilman Strough-He has a year to get his four hours in and the Town can have its
own program or just follow the State program.
Mr. Salvador-But to go in cold turkey and vote … Res. 4.8 authorizing a salary increase
for Dave Hatin has this salary increase been budgeted? If so does this increase compare
with the budgeted amount?
Supervisor Stec-No this salary increase is not in the budget.
Mr. Salvador-Where do you get the money?
Supervisor Stec-From other lines in the budget, specifically unfilled payroll lines in that
department.
Mr. Salvador-Has his supervisor recommended this increase?
Supervisor Stec-We are his supervisor.
Mr. Salvador-Before you vote to approve this salary increase this Board in particularly
two of the most recently elected members should recognize that the town is embroiled in
several matters having a costly significance which are directly related to Mr. Hatin as he
has failed to properly interpret and enforce those code related to the building code of the
State of New York and particularly the Environmental Conservation Law 17-1709 and
the Town’s Wastewater Regulations. I wish to mention just a few of these lingering
calamities only because of time constraints, take for example the on site wastewater
system failures at Surrey Fields, for whatever reason it was concluded that the onsite
wastewater treatment was in appropriately approved where by the design concept after
only a few short years of operation was abandoned in favor of connection to municipal
sewers. Even that concept proved to be problematic as we have heard last Monday night
in your meeting. There is a high rise on Knox Road in North Queensbury where a stop
work order has been in effect for more than a few months.
Supervisor Stec-Asked if there were any further comments from the public…hearing
none-Board moved into Resolutions. As a courtesy to the Griskot’s who are both here
tonight that we have a resolution pertinent to them tonight Resolution 4.13 which
authorized an occupancy tax agreement between the Town and Adirondack Balloon
Festival will be moved to the first resolution of the night.
4.0RESOLUTIONS
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN
OF QUEENSBURY AND ADIRONDACK BALLOON FESTIVAL
RESOLUTION NO.: 204, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury has received a request for funding from the
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Adirondack Balloon Festival to assist in funding its 36 Adirondack Hot Air Balloon
Festival to be held in the Town of Queensbury in September, 2008, and
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TOWN BOARD MEETING 04-07-2008 MTG. #15
WHEREAS, such event is expected to draw thousands of people to the Town of
Queensbury and its surrounding area’s hotels and motels, restaurants, stores and other
businesses, thereby benefiting the general economy of the Town and all of Warren County,
and
WHEREAS, by prior Resolution the Town Board provided for the Town’s receipt of
occupancy tax revenues from Warren County in accordance with the Local Tourism
Promotion and Convention Development Agreement (Agreement) entered into between the
Town and Warren County, and
WHEREAS, the Agreement provides that specific expenditure of the funds provided
under the Agreement are subject to further Resolution of the Queensbury Town Board, and
WHEREAS, the Town Board wishes to provide funding to the Adirondack Balloon
Festival in the amount of $10,000 with occupancy tax revenues received from Warren
County, and
WHEREAS, a proposed Agreement between the Town and the Adirondack Balloon
Festival has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes
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funding to the Adirondack Balloon Festival to assist in funding its 36 Adirondack Hot Air
Balloon Festival to be held in the Town of Queensbury in September, 2008 and the
Agreement between the Town and the Adirondack Balloon Festival substantially in the form
presented at this meeting, and authorizes and directs the Town Supervisor to execute the
Agreement, with such funding not exceeding the sum of $10,000 and to be provided by
occupancy tax revenues the Town receives from Warren County, to be paid for from
Account No.: 001-6410-4412, and
BE IT FURTHER,
RESOLVED, that such Agreement is expressly contingent upon the Town Budget
Officer confirming that the Town has unallocated occupancy tax funds available from
Warren County.
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Metivier
NOES : None
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TOWN BOARD MEETING 04-07-2008 MTG. #15
ABSENT: None
ABSTAIN: Mr. Montesi, Mr. Stec
Discussion held before vote: Councilman Montesi-I am a member of the Adirondack Hot
Air Balloon Festival Board of Directors and I will abstain from voting …Supervisor Stec-I
am also a representative from the Warren County Board of Supervisors to the Adirondack
Balloon Festival Board and I will also choose to abstain on the vote tonight. Councilman
Montesi-This is a wonderful project for our community and it has been for thirty six years.
Supervisor Stec-I will point out that this is the first time that the Balloon Festival Folks have
solicited any funding from the Town in any form that I can recall in my eight years on the
Board and certainly since the inception of the occupancy tax program four years ago.
Councilman Brewer-I think it is also a wonderful event that you hold and it is free for
anybody that wants to come and we appreciate that very much and we wish there were more
residents like you.
Mr. Walt Griskot-Thank you very much. I want you to know that the Balloon Festival
happens in the Town of Queensbury.
RESOLUTION AUTHORIZING PURCHASE OF ONE (1) 2009
INTERNATIONAL TANDEM TRUCK MODEL 7600 6X4 CAB AND
CHASSIS FOR USE BY TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 205, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury’s Highway Superintendent has advised the
Town Board that he wishes to purchase one (1) 2009 International Tandem Truck Model
7600 6x4 Cab and Chassis for use by the Town Highway Department, and
WHEREAS, the Town’s Fleet Committee approved this vehicle purchase
request and such proposed purchase has been budgeted for in the 2008 budget,
and
WHEREAS, New York State Bidding is not required as the purchase is under New
York State Contract No.: PC62176,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Highway
Superintendent’s purchase of one (1) 2009 International Tandem Truck Model 7600 6x4
Cab and Chassis from International Truck & Engine Corporation in accordance with New
York State Contract #PC62176, for an amount not to exceed $190,275.85 to be paid for
from funds budgeted in the current year from Account No.: 004-5130-2020, and
BE IT FURTHER,
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TOWN BOARD MEETING 04-07-2008 MTG. #15
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Highway Superintendent, Deputy Highway Superintendent and/or Budget
Officer to take such other and further action as may be necessary to effectuate the terms of
this Resolution.
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF JAMES LAFOY AS
MOTOR EQUIPMENT OPERATOR IN HIGHWAY DEPARTMENT
RESOLUTION NO. 206, 2008
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Town of Queensbury’s Highway Superintendent wishes to fill a
vacant Motor Equipment Operator (MEO) position, and
WHEREAS, the Highway Superintendent posted availability for the position,
reviewed resumes, interviewed interested candidates and wishes to make an appointment,
and
WHEREAS, funds for such position have been budgeted for in the 2008 Town
Budget,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of
James Lafoy to the full-time Union position of Motor Equipment Operator (MEO) in the
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Town’s Highway Department effective on or about April 8, 2008, and
BE IT FURTHER,
RESOLVED, that such appointment shall be contingent upon Mr. Lafoy’s
successful completion of a pre-employment physical as required by Town Policy, any
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TOWN BOARD MEETING 04-07-2008 MTG. #15
applicable Civil Service requirements, an eight (8) month probation period, and the Town
successfully completing a background check as reasonably necessary to judge fitness for
the duties for which hired, and
BE IT FURTHER,
RESOLVED, that Mr. Lafoy shall be paid the hourly rate for the MEO position as
delineated in the Town’s current Agreement with the Civil Service Employees Association,
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town
Supervisor, Highway Superintendent and/or Town Budget Officer to complete any
documentation and take such other and further action necessary to effectuate the terms of
this Resolution.
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF JEREMY WARD AND
DANIEL DWYER AS TEMPORARY, PART-TIME LABORERS
TO WORK AT TOWN CEMETERIES
RESOLUTION NO. : 207, 2008
INTRODUCED BY Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY :Mr. Ronald Montesi
WHEREAS, the Cemetery Commission has requested Town Board authorization to
hire Jeremy Ward and Daniel Dwyer as temporary Laborers for summer employment under
the direct supervision of the Town’s Cemetery Superintendent, such employment proposed
to commence in May, 2008 and to continue through August, 2008, and
WHEREAS, Town Policy requires that familial relationships be disclosed and the
Town Board must approve the appointment of Town employees’ relatives, and Jeremy
Ward is the nephew of Eugene Ward, a Heavy Equipment Operator in the Town Highway
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Department, and Dan Dwyer is the nephew of Michael Lopez, a Working Foreman at the
Pine View Cemetery,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
hiring of Jeremy Ward and Daniel Dwyer as temporary Laborers for summer employment
under the direct supervision of the Town Cemetery Superintendent subject upon the Town
successfully completing background checks as reasonably necessary to judge fitness for
the duties for which hired, and
BE IT FURTHER,
RESOLVED, that these temporary employees shall be paid at the hourly rate set
forth in the Town’s Agreement with the Civil Service Employees Association and payment
shall be paid from the Laborer, Part-Time Account No.: 002-8810-1410, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Cemetery 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 7 day of April, 2008, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : Nnne
ABSENT: None
RESOLUTION AUTHORIZING CLOSURE OFHUDSON RIVER
PARK PROJECT FUND NO: 107
RESOLUTION NO.: 208, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
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TOWN BOARD MEETING 04-07-2008 MTG. #15
WHEREAS, in accordance with Resolution No.: 231,1996, the Queensbury
Town Board established the Hudson River Park Capital Project Fund #107, and
WHEREAS, the Town’s Director of Parks and Recreation has advised that the
project is complete, and
Whereas, the Town’s accounting records show that there is approximately
$563.76 remaining in Capital Project Fund #107, and
WHEREAS, the Town Board wishes to close this Capital Project Fund and
transfer the Fund’s remaining fund balance to the Recreation Assessment Reserve Fund
#061,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Budget Officer to close the Hudson River Park Capital Project Fund #107 and transfer the
Fund’s remaining balance to the Recreation Assessment Reserve Fund #061, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Budget Officer to take such other and further action as may be necessary to effectuate all
terms of this Resolution.
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT
MERCHANT MARKET LICENSE FOR NORTHEAST REALTY
DEVELOPMENT/KEVIN QUINN/NAOMI POLITO
RESOLUTION NO.: 209, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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TOWN BOARD MEETING 04-07-2008 MTG. #15
WHEREAS, Northeast Realty Development/Kevin Quinn/Naomi Polito (Northeast
Realty) has submitted an application to the Queensbury Town Board for a Transient
Merchant/Transient Merchant Market License to conduct a transient merchant market from
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June 3 through June 7, 2008 in the parking lot at 1650 State Route 9, Queensbury to sell
motorcycle-oriented products and services in accordance with the provisions of Town Code
Chapter 160, and
WHEREAS, the application is identical to applications submitted by the applicant
in previous years and since the Queensbury Planning Board conducted site plan review of
the prior applications, it is not necessary to again refer the application to the Planning Board
for site plan review,
NOW, THEREFORE, BE IT
RESOLVED, that in accordance with the requirements set forth in Queensbury
Town Code §160-8, the Town Board hereby grants a Transient Merchant/Transient
Merchant Market License to Northeast Realty Development/Kevin Quinn/Naomi Polito to
conduct a transient merchant market in the parking lot located at 1650 State Route 9,
Queensbury, subject to the following:
1. Northeast Realty must pay all fees as required by Town Code Chapter 160;
2. Northeast Realty must submit a bond in the amount of $10,000 as required by
Chapter 160;
3. Northeast Realty must submit proof of authorization to do business in New York
and authorization of agent to receive service of summons or other legal process
in New York;
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4. The License shall be valid only from June 3 through June 7, 20087 from 9:00
a.m. to 9:00 p.m. and the license shall expire immediately thereafter;
5. The Transient Merchant License shall not be assignable; and
6. Northeast Realty must comply with all regulations specified in Town Code
§160-8;
and
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TOWN BOARD MEETING 04-07-2008 MTG. #15
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Town Code
Enforcement Personnel to rigorously enforce the terms of the Site Plan, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Zoning
Administrator/Code Compliance Officer to send a certified copy of this resolution to the
Warren County Sheriff and also contact the Warren County Sheriff to request that the
Warren County Sheriff’s Office enforce off-road parking issues on Route 9 and throughout
the community.
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT
MERCHANT MARKET LICENSE FOR SUPER SHOE
RESOLUTION NO.: 210, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, Super Shoe has submitted an application to the Queensbury Town
Board for a Transient Merchant/Transient Merchant Market License to conduct a transient
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merchant market from June 2 through June 6, 2008 in the parking lot located at 1499
State Route 9, Queensbury to sell 3-wheel conversions and replacement seats for
motorcycles in accordance with the provisions of Town Code Chapter 160, and
WHEREAS, the Town’s Zoning Administrator has advised the Town Board that he
has reviewed the application materials and they are consistent with the requirements for
such uses, and since the 2008 application depicts the same level of operations as approved
with the applicant’s 2007 Transient Merchant License, it is not necessary to again refer the
application to the Planning Board for site plan review, and
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TOWN BOARD MEETING 04-07-2008 MTG. #15
WHEREAS, the Warren County Planning Board also reviewed the applicant’s prior
application(s) and recommended approval of the prior application(s),
NOW, THEREFORE, BE IT
RESOLVED, that in accordance with the requirements set forth in Queensbury
Town Code §160-8, the Queensbury Town Board hereby grants a Transient
Merchant/Transient Merchant Market License to Super Shoe (Applicant) to conduct a
transient merchant market for 3-wheel conversions and replacement seats for motorcycles,
in the parking lot located at 1499 State Route 9, Queensbury, subject to the following:
4. Applicant must pay all fees as required by Town Code Chapter 160;
5. Applicant must submit a bond in the amount of $10,000 as required by Chapter
160;
6. Applicant must submit proof of authorization to do business in New York and
authorization of agent to receive service of summons or other legal process in
New York;
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7. The License shall be valid only from June 2 through June 6, 2008 from 9:00
a.m. to 6:00 p.m., and the license shall expire immediately thereafter;
8. The Transient Merchant License shall not be assignable; and
9. The Applicant must comply with all regulations specified in Town Code §160-8;
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Town Code
Enforcement Personnel to rigorously enforce the terms of the Site Plan, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Zoning
Administrator/Code Compliance Officer to send a certified copy of this resolution to the
Warren County Sheriff and also contact the Warren County Sheriff to request that the
Warren County Sheriff’s Office enforce off-road parking issues on Route 9 and throughout
the community.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING CONCERNING
PROPOSED HALFWAY BROOK STORMWATER/DRAINAGE
CAPITAL PROJECT
RESOLUTION NO.: 211, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the New York State Department of Environmental Conservation
recently awarded a $186,000 grant to the Warren County Soil & Water Conservation
District (Warren County) for work to be performed to the benefit of the Town of
Queensbury, that carries with it the requirement of a local match which can take the form of
services in kind, as well as matching funds, and
WHEREAS, such grant funds are to address stormwater runoff for Halfway
Brook in the Town of Queensbury (the “Project”), specifically, the major stormwater
outfall from Route 9 into the brook adjacent to the Enterprise Rent-a-Car which is the
single largest source of stormwater runoff pollutants into Halfway Brook, and
WHEREAS, Warren County will provide the “in-kind” services in connection
with such grant funds, and
WHEREAS, as a full partner in the Project, the Town of Queensbury previously
agreed to provide the 50/50 matching funds, and
WHEREAS, in 2006, it was estimated that the Town would contribute $186,000
(to match DEC’s cash grant of $186,000) but since the estimates are now two years old,
the Town Board wishes to add a 10% contingency to their match of $186,000, bringing
the Town’s match to an amount not to exceed $204,600, and
WHEREAS, the Town Board wishes to finance the proposed Project through the
Town-Wide Drainage Fund #66 established by Resolution No.: 475,2006, and
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TOWN BOARD MEETING 04-07-2008 MTG. #15
WHEREAS, the Town Board wishes to conduct a public hearing concerning
funding of the proposed Project,
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,
st
April 21, 2008, to hear all interested persons and take any necessary action provided by law
concerning establishment of the Halfway Brook Stormwater-Drainage Project and funding
of such proposed Capital Project, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury
Town Clerk to publish and post a Notice of Public Hearing concerning the proposed Capital
Project in the manner provided by law.
th
Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES : None
ABSENT : None
RESOLUTION AUTHORIZING SALARY INCREASE FOR
DAVID HATIN, DIRECTOR OF BUILDING & CODES
ENFORCEMENT
RESOLUTION NO. : 212, 2008
INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY : Mr. Ronald Montesi
WHEREAS, David Hatin is the Town of Queensbury’s Director of Building and
Codes Enforcement, and
WHEREAS, the Town of Queensbury has been without an Executive Director of
Community Development for several months and during such time, Mr. Hatin has taken
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TOWN BOARD MEETING 04-07-2008 MTG. #15
on additional job duties and responsibilities and has generally performed his duties above
normal expectations, and
WHEREAS, the Town Board believes that an increase in Mr. Hatin’s salary is
therefore appropriate and necessary,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs a
$2,400 salary increase for David Hatin, Director of Building and Codes Enforcement, to
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$59,541 per annum effective Tuesday, April 8, 2008, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes a transfer of funds in the amount of
$2,400 from Payroll Contingency Account No.: 001-1990-1010 to Payroll Expense
Account No.: 001-8010-1010 to cover the 2008 payroll budget increase and authorizes
and directs the Budget Officer to take any and all action necessary to effectuate this
transfer and 2008 Budget Amendment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Budget Officer to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION APPOINTING JAMES UNDERWOOD AS
CHAIRMAN OF TOWN OF QUEENSBURY ZONING BOARD OF
APPEALS
RESOLUTION NO.: 213, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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TOWN BOARD MEETING 04-07-2008 MTG. #15
WHEREAS, the Chairman and Vice Chairman of the Town of Queensbury’s
Zoning Board of Appeals recently submitted their resignations, and
WHEREAS, the Queensbury Town Board wishes to appoint current ZBA Secretary
James Underwood to serve as ZBA Chairman for the remainder of 2008,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints James Underwood
st
to serve as the Chairman of the Town’s Zoning Board of Appeals through December 31,
2008.
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
RESOLUTION APPOINTING GEORGE DRELLOS AS MEMBER OF
TOWN OF QUEENSBURY ZONING BOARD OF APPEALS
RESOLUTION NO. 214, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Town of Queensbury previously established the Town of
Queensbury Zoning Board of Appeals in accordance with applicable New York State law,
and
WHEREAS, a vacancy exists on the Zoning Board, and
WHEREAS, the Town Board interviewed candidates and wishes to appoint George
Drellos as a member of the Zoning Board,
NOW, THEREFORE, BE IT
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TOWN BOARD MEETING 04-07-2008 MTG. #15
RESOLVED, that the Queensbury Town Board hereby appoints George Drellos to
serve as a member of the Queensbury Zoning Board of Appeals, such term to expire on
st
December 31, 2013.
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION APPOINTING JACK PERNA TO
BOARD OF ASSESSMENT REVIEW
RESOLUTION NO. 215, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury previously established the Town of
Queensbury Board of Assessment Review in accordance with applicable New York State
law, and
WHEREAS, Lewis N. Stone recently resigned from the Town’s Board of
Assessment Review and so the Town Board would like to appoint Jack Perna to complete
Mr. Stone’s unexpired term of office,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Jack Perna to serve
as a member of the Town of Queensbury Board of Assessment Review with Mr. Perna to
st
complete the term of Lewis N. Stone, such term to expire December 31, 2008.
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT: None
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TOWN BOARD MEETING 04-07-2008 MTG. #15
RESOLUTION DECLARING STRUCTURE TO BE UNSAFE AND
AUTHORIZING COMMENCEMENT OF SUPREME COURT
ACTION IN CONNECTION WITH UNSAFE STRUCTURE
LOCATED ON PROPERTY OWNED BY HOMEQ SERVICING
CORP. –
44 BOULEVARD, QUEENSBURY
RESOLUTION NO.: 216, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Town’s Director of Building and Codes Enforcement (Director)
received a complaint regarding property at 44 Boulevard in the Town of Queensbury (Tax
Map No.: 303.20-1-50) regarding animals currently hibernating in a structure on that
property, and
WHEREAS, the Director inspected the property and determined that a garage/barn
located in the rear of the property was in major disrepair and showing signs of collapse, and
WHEREAS, Town records revealed that the property belonged to Phillip
Underwood, and
WHEREAS, the Director caused a letter to be sent to Mr. Underwood dated March
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11, 2008, a copy of which was posted on the premises, requesting that the garage barn
located in the rear of the property which was showing signs of collapse be immediately
secured and requested that action be taken within 30 days, and
WHEREAS, correspondence to Mr. Underwood was returned as undeliverable, and
WHEREAS, further inquiry revealed that the property although previously owned
by Mr. Underwood had been the subject of a foreclosure by Homeq Servicing Corp.
(Homeq), a foreign-business corporation doing business in the State of New York, with
offices located in California and New Jersey, and
WHEREAS, the Director sent a letter to Homeq requesting that the garage/barn
structure that was in danger of collapse be immediately demolished and requesting that
action be taken within 15 days and has received no response from Homeq, and
,
WHEREAS in accordance with the Queensbury Town Code Chapter 60 and New
York State Town Law § 130(16), the Town Board may by Resolution determine whether
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TOWN BOARD MEETING 04-07-2008 MTG. #15
in its opinion a structure is unsafe and dangerous, and if so, order that notice be served
upon the owner or other persons interested in the property that the structure must be
demolished and removed, and
WHEREAS, based upon his inspection the Director has found that the structure is
showing signs of collapse and is endangering the neighboring property, is generally in
disrepair, unusable and unsafe, and will serve as an attractive nuisance for young children
who may be injured therein and is a place of rodent infestation, thereby creating a health
menace to the community, and
WHEREAS, it is the opinion of the Director, as reported to the Town Board, that the
building cannot be effectively rehabilitated, and
WHEREAS, the Town Board is satisfied that the Director has provided sufficient
notice as contemplated in Town Code §60-6 giving the owner of the property more than 30
days in which to secure or demolish the structure, and
WHEREAS, although the building is not in imminent danger of collapse, its
condition continues to worsen and it is an increasing danger to the health and safety of the
public, and
ththth
WHEREAS, by letters dated March 11, March 19 and March 24, 2008, the
Director advised the owner by mail to take appropriate measures to immediately demolish
the structure and/or make it safe and weatherproof, and
,
WHEREASHomeq has failed to take such appropriate measures and failed to
communicate its intentions to the Town and therefore the Director has recommended to
the Town Board that it commence a Supreme Court action against Homeq to require Homeq
to demolish the structure or authorize the Town to do so at the Owner’s expense,
NOW, THEREFORE, BE IT
RESOLVED, that after reviewing the evidence presented at this time, the
Queensbury Town Board is of the opinion that the structure described in the preambles of
this Resolution owned by Homeq Servicing Corp., and located at 44 Boulevard in the Town
of Queensbury (Tax Map No.: 303.20-1-50) appears to be dangerous and unsafe to the
public, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs Town Counsel to
commence an action against Homeq Servicing Corp. in the Warren County Supreme
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Court seeking removal of the structure and reimbursement to the Town for any and all
costs of removal including, but not limited to, demolition expenses, attorney fees and
Court costs, and to pursue preliminary and injunctive relief, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Town Counsel
to file any necessary documentation and take any and all action necessary to commence
such proceeding, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town’s
Budget Officer to arrange for payment of any Court and/or litigation costs related to this
matter from the account(s) deemed to be appropriate by the Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Director of Building and Codes Enforcement, Town Counsel and/or Budget
Officer to take any other actions necessary to effectuate the terms of this Resolution.
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES : None
ABSENT : None
Discussion held before vote: Director of Building and Codes Dave Hatin-Presented the
Town Board with photos of the site in question. You have before you a structure that has
been pretty much abandoned the property has been foreclosed on a bank in California has
taken ownership through a foreclosure proceeding. We’ve had no correspondence, I
have called the bank personally left messages for someone to call me with no return. I
did today receive a certified mail receipt the bank has received the notification that we
sent and still no word for anybody and they received that last Thursday. This resolution
will allow us to demolish it should the bank fail to do so and also allows us to go through
Supreme Court Action through our Attorney’s Office to make sure that we have a proper
court order before we do that. If the bank comes through and takes care of the process it
will save the taxpayers money in the short term and we will bill the cost to the tax bill
eventually. Noted there are several large holes in the roof and the structure is starting to
lean actually and its shown lack of repairs for a number of years. Councilman Montesi-Is
this a livable house? Director Hatin-The house itself is, yes. The garage out back I
would say is basically demolition material.
RESOLUTION APPOINTING KEITH OBORNE AS LAND USE
PLANNER
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TOWN BOARD MEETING 04-07-2008 MTG. #15
RESOLUTION NO. 217, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board previously established the position of
Land Use Planner and there is presently a vacancy in such position, and
WHEREAS, the Town Board posted availability for the vacant Land Use Planner
position, reviewed resumes, interviewed interested candidates and wish to make an
appointment,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Keith Oborne to the
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position of Land Use Planner effective on or about April 8, 2008, an overtime exempt and
Grade 6 position within the Town of Queensbury’s Non-Union Position Grade Schedule on
a provisional basis subject to: 1) successful completion of a six month probation period, 2)
successful completion of the Civil Service exam for the Land Use Planner position, 3)
Warren County Civil Service rules, 4) a pre-employment physical as required by Town
Policy, and 5) the Town successfully completing a background check as reasonably
necessary to judge fitness for the duties for which hired, and
BE IT FURTHER,
RESOLVED, that Mr. Oborne shall be paid an annual salary of $37,000 to be paid
from the appropriate payroll account, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Supervisor and/or
Town Budget Officer to complete any forms and take any action necessary to effectuate the
terms of this Resolution.
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Duly adopted this 7 day of April, 2008 by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
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TOWN BOARD MEETING 04-07-2008 MTG. #15
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
IMPROVEMENTS OF NORTHUP DRIVE, BULLARD AVENUE
AND
LINDEN AVENUE AREA FACILITIES –
QUEENSBURY CONSOLIDATED WATER DISTRICT
RESOLUTION NO. 218, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board duly established the Town of
Queensbury Consolidated Water District (the "District") in accordance with New York
Town Law, and
WHEREAS, the Town Board wishes to improve the District’s water transmission
facilities by replacing water mains on Northup Drive, Bullard Avenue and Linden Avenue
and a section of Park Place installing a water main and copper service lines to the homes
served, all in accordance with New York State Town Law §202-b, and
WHEREAS, Burley-Guminiak & Associates, professional engineers, have
prepared an Engineer’s Report (the “Map and Plan”) concerning the proposed water
transmission system improvements together with an estimate of the cost of such
improvements, and
WHEREAS, the Map and Plan was duly filed in the Queensbury Town Clerk's
Office and made available for public inspection, and
WHEREAS, although the Town of Queensbury is a town partially within the
Adirondack Park the District does not contain State lands assessed at more than thirty
percent (30%) of the total taxable assessed valuation of the District, so permission of the
State Comptroller to the proposed expenditure is not required under Town Law §202-
b(5);
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The proposed improvements are:
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TOWN BOARD MEETING 04-07-2008 MTG. #15
(a) replacement of existing 6” diameter asbestos cement (ACP) water
mains with class 52 (heavy wall) 8” ductile iron pipe (DIP) along Northup
Drive, Bullard Avenue, Linden Avenue and a section of Park Place
between Bullard and Linden Avenue;
(b) replacement of service laterals to individual property lines with ¾”
copper pipe.
2. The maximum amount proposed to be expended for such improvements is
$406,000.00.
3. The cost of the improvements will be paid from the current funds in the
Capital Reserve Fund of the District; therefore, the annual cost of the District for debt
service and operation and maintenance costs to the typical property and the typical one- or
two-family home will not be increased and may decrease as a result of the project.
4. The proposed improvements shall be constructed and installed as
specifically delineated in the Map and Plan and in full accordance with the Town of
Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and
in accordance with approved plans and specifications and under competent engineering
supervision.
5. The Town Board shall meet and hold a public hearing at the Queensbury
st
Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, April 21, 2008 to
hear all persons interested in the improvement of the District facilities described above and
to take such other and further action as may be required or authorized by law.
6. The Town Board hereby authorizes and directs the Queensbury Town Clerk
to duly publish and post this Order not less than ten (10) days nor more than twenty (20)
days before the public hearing date, as required by Town Law §202-b.
th
Duly adopted this 7 day of April, 2008 by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT : None
RESOLUTION APPROVING AUDIT OF BILLS –
TH
WARRANT OF APRIL 7, 2008
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TOWN BOARD MEETING 04-07-2008 MTG. #15
RESOLUTION NO.: 219, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to approve the audit of bills
rdth
presented as the Warrant with a run date of April 3, 2008 and a payment date of April 8,
2008,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a
rdth
run date of April 3, 2008 and payment date of April 8, 2008 totaling $834,017.87, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
th
Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
5.0CORRESPONDENCE
5.1Building and Codes Monthly report March 2008
6.0PRIVILEGE OF THE FLOOR (LIMIT – 4 MINUTES)
Mr. John Karhinen -350 Dixon Road Proposed a Dog Park for the Town of Queensbury
Noted there are eighteen hundred dogs registered in the Town of Queensbury. It was
brought up this evening that the Town is decidedly pedestrian and bicycle unfriendly and
that runs into the same problem with dog owners trying to walk dogs, trying to get
exercise for their animals. I believe the proposal I think this can actually be a eventual
profit for the Town. It will not cost the town except for laying out the property for the
facility. I think we can get the money for the fencing for the facility; Mr. Brewer had
contacted me about policing and maintaining it. If it is in a town park I assume there is
garbage, waste pickup, I assume Warren County Police Officer patrol the park areas,
animal control can look at the facility every once in a while to check up on it. The main
thing to do is to find out where we can put it. Who do we need to address to move this
forward?
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Supervisor Stec-The Town’s Park and Recreation Commission. I would encourage you
to speak to the Director Steve Lovering. Noted the next meeting of the Commission is
th
May 6. Noted that the Recreation Commission has discussed this last fall, at that time
they said it was not a priority that they wanted to pursue eminently. The Recreation
Commission would make a recommendation to the Town Board on how they would like
us to proceed, noted that we are not bound by their recommendation.
Mr. Karhinen-Noted there is property on Big Boom Road by the park, there is an area
away from the ball field that is not being use all it would require is fencing and garbage
cans. Noted this could be a year round use of the property.
Councilman Montesi-What would you do with the grass area inside the fence, were the
dogs run?
Mr. Karhinen-One groomer suggested wood chips that is brought in from the disposal of
Christmas trees.
Councilman Montesi-How would you clear the snow from the inside of the fence area?
Mr. Karhinen-They will run in the snow, it would be up to the owners to know what their
dog can deal with.
Supervisor Stec-Noted either Steve Lovering or the Chairman Jack Labombard either one
of them can get you on the agenda.
Mr. Karhinen-We have put together a couple hundred signatures.
Supervisor Stec-Noted that can be turned in to the Town Clerk Darleen Dougher
Ms. Joan Bovee-Lakeview Drive, Queensbury I spoke to Steve Lovering last fall and he
told me that it was not on their agenda.
Supervisor Stec-Noted another woman had contacted the Town on a similar project last
fall, noted he believed that her name was Combs.
Mr. Jack Bieniek-Vice President and partner of Cool Insuring Agency, Quaker Road I
also reside on Sugar Pine Road in Ward III. Last week after a press report I had an
opportunity to FOIL the Compass Report and I have a question. I would like to know
who, was the entire Town Board responsible for ordering that report or, it was?
Supervisor Stec-The Town Board passed a resolution that ordered that report January
th
14.
Mr. Kieniek-Thank you, Dan. All I wanted to do was thank the Board for taking that
action. This issue of how the Town procured their property and casualty insurance last
year was just over the top. I feel that this report certainly vindicated my agency’s actions
in that effort last year and I just wanted to thank you for doing that clearing the air now
we can turn the page and move on. That is all I have.
Mr. Skip Stranahan-1343 Bay Road I would like to address an issue in todays Post Star,
the tax of the land, perhaps the 86 year old gentleman is over taxed at 20,000 per year and
maybe there is something that we can do about it.
Supervisor Stec-The system of assessments and how that works is not made by the Town
of Queensbury, and Betty Little is working on it, there are those in the State legislature
that are trying to address it. When it is addressed I am sure it will not make everybody
happy but this body does not control the assessment law the State does.
Mr. Stranahan-You do not feel that there is anything that we can do at this time for this
gentleman?
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Supervisor Stec-The only thing we can do is continue what we have been doing over the
last several years which is hold the Town spending down, we are in our seventh year
without a Town Tax in the Town of Queensbury. I think the article was unclear on that
point. We have returned almost eight million dollars in surplus sales tax revenue because
we have been fiscally tight with a buck here. I do not know of any other town in the area
that can boast that they have accomplished things financially that we have in the last four
years.
Councilman Brewer-Noted that he did call Will Doolittle and did express that what Dan
said, we do not have a town tax and it is insinuated maybe on purpose maybe not that the
Town taxes in the Town of Queensbury are forcing this fellow to sell his home. I just
wanted to let him know and others there is no town tax so its driven by County Tax and
or school tax.
Supervisor Stec-I can tell you the County has its hands full and Supervisor Strainer and
myself and eighteen other folks are going to do the best we can to make sure the County
Tax does not approach what School Taxes are.
Mr. Stranahan-I commend you for what you have done with the budget because I know
that our taxes are reasonable. Noted he owns property in Hudson Falls and I would say
we are blessed. I am hoping we can do something for these people so they do not get
forced off their property.
Supervisor Stec-There are other good points in the article, the fix if there is a fix besides
doing what we can to control the expense here and at the County level and most
significantly at the School level starts with the only other thing that can happen is change
the tax law.
Mr. Kevin Quinn-Thanked the Town Board for approving his permit. We were talking
about taking somebody’s house down and I talked to Mr. Metivier about a house by my
property that I own, are they paying their taxes, are they up to date? Maybe they are in
the bank is not underneath the knowledge that the house is in that bad a shape. It seem
extreme to rip somebody’s house down. Every time we do this does someone have to
come before the Town Board to get an approval to rip down a house?
Supervisor Stec-Yes. Resolutions like we had tonight we might get a couple a year.
Mr. Quinn-Is there a structural engineer that looks at the houses that determine, I have a
house by me, I am not doubting what Dave is saying.
Supervisor Stec-Dave has got the authority of the Town to make that call.
Mr. Quinn-Would the house be able to be rebuilt and be put back onto the tax roll?
Councilman Strough-Kevin if you saw the pictures of this house it would pretty much tell
you, not only it is an attractive nuisance and kids have been in and out, it is open.
Mr. Quinn-What would I have to do to start the process on a piece of property next to
me?
Councilman Brewer-Call Mr. Hatin.
Councilman Montesi-Dave, how long a process was this that we voted on tonight?
Director Hatin-About thirty days but we had prior knowledge …
Mr. Doug Auer-I take great exception to Mr. Bieniek. I am here tonight because of the
disaster that happened up on West Mountain Road, a predicted disaster. Those folks are
completely oblivious to this because I went up there and talked to several of them. They
did not know that any of this was known and predicted would happen. I have here and I
want to give this to Darleen, this was a note that was given to me by Bob Vollaro, it says
Doug, I looked over the last Planning Board minutes on Western Reserve. Chair was
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Hunsinger filling in for Mr. McEwan, First, the approval was conditioned on DEC
approval, sign off by CT Male approving Nace’s storm water design. Among other
things Lappers statements written into the deeds this is a quote, written into the deeds or
stand alone single family homeowners would be the following statement. Homeowners
should be responsible for maintaining stormwater controls located on their property.
Conversely the Hayes brothers would be responsible for maintenance of storm water
controls for the condominiums since they would be the owners of the land. I am not sure
in parentheses whether the homeowners association was ever formed or registered with
the New York State Attorney General or if Lapper ever modified the deeds. In addition
there was to be a maintenance agreement with the Town of Queensbury having to do with
the dedicated road I am not sure if the agreement was ever put on paper. You can see
how loose the whole system is. The Planning Board gets zero feed back concerning prior
approvals and that’s still the case. Here is the problem there is no closure to this loop
these people were completely oblivious they don’t know what is in there deed and I gave
a copy of this to them, I said do you know if any of this is in there, they said no, it does
not sound familiar at all. I am going to take it upon myself to call a meeting of those
people, because I was here when this discussion took place and there is no plausible
deniability on this.
Supervisor Stec-Here at the Planning Board.
Mr. Auer-I was at those meetings. I cannot say I would get an A if I took the test on all
of the machinations of that discussion I think you were on the Planning Board at that time
Tony am I correct?
Councilman Metivier-I was, for the first not when they transferred it over to, by owner.
Supervisor Stec-There were other Board Members on this Board that were on the
Planning Board then.
Mr. Auer-I know. There was a feisty discussion of what was going on. The Hayes were
resistant, they wanted to place way way more houses then what was there now, can you
imagine that disaster. The problem is this, I talked to an old timer who worked for
Ashton Concrete who were the people there before that, he said water was everywhere in
the spring time they did not have any pavement there. Now you have pavement, you
changed the drainage patterns, it is a water table issue, you cannot solve this, this is a
…
problem that is to this property. Mr. Kelly Carte was very vocal about this at the time
was commenting in the paper that they knew about this problem it was a man made
problem. My question is I would like to see the Town go thorough look and see what the
actual conditions were of this agreement to determine whether or not they were fulfilled,
Bob doesn’t think they are. That is at a minimum. This problem is not going away.
Supervisor Stec-They were cited by our Planning Staff because of inconsistencies of what
was built and what was approved. So, we have opened the door on enforcement action
and I will pass along what you said.
Mrs. Kathleen Sonnabend-55 Cedar Court, Queensbury I continue to be dismayed Dan
on how you manipulate the press and the public about so many issues but particularly
about the handling of the town insurance. For years Cool Insuring was giving the
property and casualty business without competitive bid. That was during years as
probably now the Queensbury Town Board was controlled by the Republican machine.
Cool and its principal owners have a history of contributing to entertaining Republican
Candidates they control and who’s signs they prominently display and also running
campaigns against politicians that don’t vote in favor of giving municipal business to
them. In 2006 and 2007 we finally had a majority of Board Members who were
independent of the machine with Roger Boor, Richard Sanford and John Strough. A truly
independent consultant was hired and recommended Salerno Corp. to receive the
insurance and you Dan had been running a PR Campaign ever sense. Cool Insurance did
come in the lowest bidder last year after some suspect that they received some inside
help.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Supervisor Stec-Where is the evidence of that Mrs. Sonnabend, that is one of the things
that has been bothering me for a year where is the evidence, do you have any? Do you
have any?
Mrs. Sonnabend-Dan four minutes is not enough time to get into the details.
Supervisor Stec-This privilege of the floor is not license for slander Ms. Sonnabend, so
do you have evidence? If you do not have evidence then I am going to ask you to move
to a different subject.
Mrs. Sonnabend-I think if you would talk to past Board Members and certain current
Board Members you would get the information you needed.
Supervisor Stec-Where is there evidence?
Mrs. Sonnabend-They were very involved in it.
Supervisor Stec-There is no evidence, there is slander but there is not evidence Ms.
Sonnabend.
Mrs. Sonnabend-They also came in lower that year after many years of being much
higher, so perhaps the competition helped.
Supervisor Stec-That is not what your report says,
Mrs. Sonnabend- But, what bothers me the most Dan is when the Consultant
recommended a slightly higher bidder you cry fowl but the Town should choose the
lowest bidder. But, funny Dan why did you vote
Supervisor Stec-Unless it has a very good reason.
Mrs. Sonnabend-for Cool for the Warren County Business when there were five other
bidders that came in much lower? On that occasion Dan you claimed that the County
was under no obligation to accept the lowest bidder.
Supervisor Stec-Nor was the Town Board.
Mrs. Sonnabend-You cannot have both ways.
Supervisor Stec-Sure you can, if you have a reason and the reason was that there, I asked
for and roll call vote on that and all twenty supervisors knowing exactly what you just
said chose to go with Cool for a lot of very good reasons. So, we are certainly not bound
by the law and the Town Board found it very comforting to know that they did not have
to go with the low bidder.
Mrs. Sonnabend-The County has all republicans at the time had all republican
supervisors.
Supervisor Stec-That is also untrue Ms. Sonnaband, that is a false statement.
Mrs. Sonnabend-Excuse me I forgot there is a couple that are Democrats
Supervisor Stec-There were three and now there are four.
Mrs. Sonnabend-Out of how many?
Supervisor Stec-Do you have anything else Ms. Sonnabend
Mrs. Sonnabend-No, that is it.
Supervisor Stec-Is there anyone else that would like to address the Town Board this
evening?
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Mr. Peter Brothers-Last time I came here I asked specifically about a correspondence that
Nick Caimano had written to ask for like the removal of Tanya Bruno and that there was
a recommendation I believe that you forwarded to Counsel.
Supervisor Stec-There was no recommendation I passed the letter along and asked for
Counsel to opine. To read it and tell us what our duties and responsibilities were under
law.
Mr.Brothers-I know that Don Krebs had a letter written or Jane Macintosh wrote a letter
about Don Krebs and had gotten an answer in two days and now I believe it has been
close to probably two months maybe for the other letter that Nick Caimano had written
on Tanya Bruno and I just wonder why there hasn’t been any opinion from Counsel as of
yet?
Supervisor Stec-She wanted a reply I do not think Mr. Caimano wanted a reply, he
wanted to raise something to our attention we passed it to Counsel and Counsel at least
verbally said what their thoughts were and to this point the Town Board has not chosen to
pursue it. There is no guarantee that there is anything to pursue there.
Mr. Brothers-I just thought that maybe Tanya Bruno deserved an answer where as the
Chairman of the Planning Board didn’t have a problem with Tanya Bruno and as I am
aware right now the developer that had a project before the Board did not have any
problem, but he did not seem to, correct me if I am wrong he didn’t seem to raise an
issue with Tanya Bruno’s recuing herself.
Supervisor Stec-I do not know if their lawsuit involves that or not.
Mr. Brothers-I have seen Mr. Caimano’s name in the paper recently regarding
advocating for holding the line on spending in Queensbury School and gee, you know, I
applaud anyone for holding the line on spending in any fashion certainly fiscal restraint,
I would wonder and I would probably have to ask him, but the open question would be
why didn’t he vote to hold the line on spending while he was a Supervisor at the County?
Mr. John Salvador-So, you do not think it is important to get an opinion relative to Mr.
Caimano’s accusations? I think it is extremely important. We have a lot of Board
Members that could be equally exposed to a wrong doing, it has to be answered. There
is also a lawsuit pending on this matter this could be a centerpiece of a lawsuit on a claim
if she acted improperly. Have you put your insurance company on notice that you have a
claim pending against you?
Supervisor Stec-Noted that Town Counsel has been notified.
Mr. Salvador-The Planning Board has conditionally approved the Takundewide Site Plan
revision, in that regard the Town will be asked to consent to the establishment of a sewer
works transportation corporation.
Supervisor Stec-We have been asked.
Mr. Salvador-Please be aware that the conditions of area variance 70, 71 and 72 of 2006
were approved with conditions. If you read the approval I do not think the Planning
Board addressed the conditions of approval.
Councilman Brewer-The Zoning Board approved with conditions or the Planning Board?
Mr. Salvador-The Zoning Board approved area variances with conditions. This
Transportation Corporation is proposed to serve as only a limited number of the
dwellings that make up the Takundewide HOA. The Planning Board was supposed to
address this issue I do not think they have. The wastewater discharging from the
wastewater treatment plant that will be owned by the transportation corporation will be
discharging to the ground water in the Lake George Basin. For a wastewater treatment
facility operating in the Lake George Basin since 1989 it must be designed and operated
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TOWN BOARD MEETING 04-07-2008 MTG. #15
to ensure enhanced performance standards that is nutrient removal and monitoring of
operation. The local governing body shall not consent to the establishment of a sewer
works corporation in any municipality unless there shall be filed with the Department of
Health having jurisdictions maps and specifications of the proposed system and such
department shall be given its approval thereof. I addressed Mr. Hunsinger and copied the
th
Town Board on November the 27 2006 as this was project was marching through the
Planning Board. This Town is going to be incurring unusual expenses on this
Transportation Corp. and I do not think it is fair that the taxpayers of this town bear the
burden of that cost that should be segregated and placed on the applicant’s shoulders. In
the letter that I wrote to the Planning Board and copied to you I made mention to the fact
that we have an environmental conservation law 17-1709 and it talks about prohibition of
discharging wastewater or offensive matter into the Lake George Basin. It says the
Board of Health of any such municipality shall examine into any allege offense against
this section within its jurisdiction and cause the same to be abated by injunction or
otherwise if found to exists.
Supervisor Stec-Our Attorneys are going to make sure that we do this correctly.
7.0TOWN BOARD DISCUSSIONS
Councilman Brewer-
?
Work has begun on the bridge on Ridge and Haviland Road, you might want
to take an alternate route.
?
The letter that was received from Bartlett Pontiff Stewart Rhodes concerning
the Business Incubator I just want to put on the record how I feel about it. I
would prefer that if they sold that building that the Town of Queensbury get
the money back that we invested, the balance of whatever is left take our
losses and get our money back and put it back in our bank account.
(Town Board agrees)
Councilman John Strough
?
Cable TV Franchise Renewal Committee Second Meeting on Wednesday
at 3 PM Town Counsel Hafner, Councilman Ronald Montesi and myself
will review the proposed franchise agreement proposed to us by Time
Warner with Kathleen Hope from the Office of Telecommunications…
?
Queensbury Post-monthly newsletter-Queensbury Senior Citizens
?
Committee to review the Transient Merchant License Program…Kathy
Radner Town Counsel, Councilman Ron Montesi, Zoning Officer Craig
Brown and myself … making progress on the law…
?
The Aviation Road Corridor Study there is a draft available it is on line if
you visit the Adirondack Glens Falls Transportation Counsel or google
AGFTC
?
Schedule pick up dates for leaves, grass clippings etc contact Highway
thththth
Dept. for details.: Ward 2 May 5 – May 9 Ward 3 May 12 – 16
ththndth
Ward 4 May 19 – May 30 Ward 1 June 2 – June 6
?
Spent Saturday tracking down storm water events and flooded cellars in
the Broadacres Area, Dixon Road, Northup, Bullard, Hughes Court. I
would like to put Dan Ryan on a study, the neighbors claim there are two
outflows, we can only find one, Supervisor Stec-Recommended that
Councilman Strough e-mail Eng. Ryan and the Town Board with the
information.
?
Offer a different perspective, without pointing fingers or anything else, on
Cool Insurance and what has been going on. I think Cool Insurance is a
good company, I think the people that work for Cool Insurance are good
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TOWN BOARD MEETING 04-07-2008 MTG. #15
people, but I have some concerns. I know that Compass Company and
Cool Insurance have an existing and warm relationship. The question is
does that relationship present a potential conflict of interest or a
compromise of it objectivity? I believe there is sufficient evidence to
suggest that, that might be the case. My point of view. I do have some
correspondence that backs that up.
Supervisor Stec
?
That is the issue that I have John I understand your point of view I haven’t
seen and I am not aware of and I am wide open, I have an open mind on
whether or not I mean the suggestion is that there is some sort of level of
contact communication relationship that Cool has with Compass that
raises to some level of concern and I am not aware of, I have not seen any
or heard of any other than what you have said evidence to that affect.
None.
Councilman Strough
?
That is a judgment call Dan,
Supervisor Stec
?
What is it, that is what I am saying, I have never seen anything in the
newspaper no one is saying Dan, here is a letter here is where they were
indicted here is where so and so said that you know
Councilman Strough
?
The December 2006 letter I forget the date from Cool Insurance principals
suggesting that we consult with certain individuals, we do not believe their
argument for a soft market, well the very individual at least one that they
suggest we consult was somebody that works with Compass, now there
suggests some kind of a relationship.
Supervisor Stec
?
Let me interrupt on that point please, just let me interrupt on that point.
Because you know what is important here and I am not trying to be
argumentative or layout out any of my own accusations tonight either,
however there is a lot of people some of which are in the room that have
taken some liberties with time lines and like I said I have not read that
letter I am sure it exists, when was it, it was December 2006. That is
when it was hitting the fan over all the first go around and in June of 2006
the Town had recommended to us by our Budget Officer Jennifer Switzer
to go with the low bidder for this consulting services which at the time
was Compass. That was in the papers that was very public I am certain
that Cool was aware that Compass was the company that did not get the
business and I am not trying to make any excuses here but certainly they, I
mean where do you come up with the name Compass I think somebody
could argue they came up with the name Compass because that is the
company that we almost hired.
Councilman Strough
?
I am saying Dan, is that there is a relationship there and you know I have
not gone any further than that. Not only that but they are both members of
the Rensselaer Chamber of Commerce. All I am saying is they have a
relationship. I am also suggesting that and don’t look at this
independently or by itself that it may present potential conflict of interest
or at least may be a compromise of Compass’s objectivity. That is all I am
suggesting, I am just not real comfortable with it.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Councilman Brewer
?
Are you comfortable with the fact that Richard made a phone call to
another consultant
Supervisor Stec
?
After the dead line.
Councilman Brewer
?
After the dead line happen to
Supervisor Stec
?
And then low and behold they came in with the low bid, after the dead
line?
Councilman Brewer
?
Four or five thousand dollars less than the bid John? And then we ended
up hiring them? Are you comfortable with that? It just seems funny how
that happened.
Councilman Strough
?
We can get off on tangents but I
Councilman Brewer
?
I do not want to get off on a tangent, I am just making a point.
Councilman Strough
?
It is my turn I, some things, you know, all right. I just have a concern like
I said Cool is a great agency and I think the people that work for Cool are
very good people. All right. Now this Compass Report in my opinion and
I read it, this is my opinion, I am just giving you a different point of view,
Dan and others you may have a different point of view and you are
entitled to that. But I am also entitled to my point of view. All right, I felt
that this report did not fulfill its obligation as announced in our January
th
28 resolution which we were going to pay them an estimated fee of
$2500. for evaluation of the towns 2006 and 2007 property and casualty
insurance coverage’s. I felt that the report did not do that. Conveniently
though this report did not review Cool’s past or present proposals or any
others. Therefore it did not as it admits provide much of a basis for
comparison. As Compass reported we did not undertake a detailed review
of the 2006-2007 policies provided by Cool. Page 5 The two thousand
five hundred dollar six page report and that was all it was, six pages, also
did not report respond to Salerno’s very detailed multi page defense. A
letter from the Regent Consultant to Dan Stec 11-9-07 containing
Salerno’s response to the issues raised by the Town Attorney and Cool
Insuring Agency. Unfortunately all we taxpayers paid for was basically a
report that said yes we agree with Cool and Mrs. O’Sullivan and proposed
very little analysis beyond that, my opinion. Align with the past behavior
of Cool Insurance and our Town Supervisor it becomes apparent that the
intent and the strategy is to try and defame the awardee of the towns
property and casualty insurance. That is my opinion. Now,
Supervisor Stec
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TOWN BOARD MEETING 04-07-2008 MTG. #15
?
That is a strong word John.
Councilman Strough
?
Lets take a look at Cool Insurance there is evidence to suggest that if you
don’t march to Cool’s program Cool is going to get very mad at you.
Councilman Brewer
?
What is that evidence?
Councilman Strough
?
If you look at the contributions and where they went I think that suggests
something. Well, going on, looking at the contributions that Cool does
give to local candidates you know it does tend to favor those at favor’s
Cool ideology and programs. Now, one of the principals of Cool’s is the
County Chairman of the Republican Committee another principal of Cools
does the treasury work for Republican Candidates. Every election cycle
the Republican lawn signs outside of the Cool Agency look like my dog
after a porcupine attack. Frequently you will observe the vehicles of
elected officials parked in Cool’s parking lot. Who is there visiting? The
fact that some primary owners of Cool Insurance control certain
individual political lives gives the appearance of a conflict of interest or at
least impropriety. The above may also account as an explanation as to
why our Cool backed elected officials who always vote for Cool, even
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when they were the sixth highest bidder. As reported in the September 1
2007 Post Star insurance brokers who submitted the cheapest proposal to
Warren County to handle its property and casualty insurance said the
County’s pick of Cool Insuring who was the more expensive, went against
what the County had advertised. Unquote. Local people that own or work
for local insurance agencies said that they too would have bid if they had
known that the process had regained the honest, the proposal process it
once had. These conflict of interest these allegations of special treatment,
these accusations all pre date me, they are documented going back to Post
Star articles in 1995. If nothing changes or improves they will likely
occur in the future. Cool, has to make up its mind is it in the business of
insurance or is it in the business of politics, one or the other. It should not
be in both, like oil and water the two do not mix. Now, in order to try and
take politics out of the whole process I would like to suggest and assure
that our residents that all is being done objectively and above the board
and truly in their best interests. I would like to suggest an ad hoc citizens
advisory committee to review the insurance process to review the RFP to
review the proposal and to recommend their preference and give our list of
reasons why. This would take some of the politics out of this.
Supervisor Stec
?
You are taking about the upcoming award that we just hired the same
consultant that you just talked about to do the work for fourteen thousand.
Councilman Strough
?
That is not going to change
Supervisor Stec
?
But it was ok to hire a different consultant without an adhoc committee
two years ago.
Councilman Strough
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TOWN BOARD MEETING 04-07-2008 MTG. #15
?
I am not going to be able to change that am I, ok and I did not vote for it.
But, you know you cannot deny that Cool is in the field of politics, it is
and it is an insurance agency that wants to insure our Town. Like I said in
the beginning I think Cool is a great agency with great people the problem
is they are too closely tied to the political process here in town. Maybe I
cannot change any of that and the only thing that I can suggest is in a
citizens advisory committee that would help this board out and they
maybe more objective then maybe some of us are. That is just my
opinion. Thank you.
Supervisor Stec
?
Since we did advertise that we were going to be talking about this tonight.
I do want to touch base on that a little be myself and I will touch base on
insurance and I will let you guys continue with what you were going to
say under town board discussions. This process tonight a lot of us have
been talking about Cool. That isn’t the purpose of what the consultant was
hired to do and I will explain what the purpose of the consultant was hired
to do. Now, John you just went thorough and very calmly over the last ten
minutes said how you were convinced that everyone at Cool was a good
person, but I recall and Tim correct me if I am wrong that on at least a
couple of occasions last year at a very public televised Town Board
Meeting, you used the word collusion. Now, that is a serious charge that
involves a couple of people.
Councilman Strough
?
That has nothing to do with Cool, it has to do with some politicians.
Supervisor Stec
?
And who, it takes two to collude, John.
Councilman Strough
?
Dan I am not going to get into name calling I just gave my opinion.
Supervisor Stec
?
You did fifteen months ago and you and some of your friends did a good
job talking about it in their own PR campaign over the last two years.
Councilman Strough
?
I am suggesting that there might be the appearance.
Supervisor Stec
?
Look, I am not going to argue that point that point has been talked about
on some levels I have agreed publically with the concern, I can understand
the concern. I am not here to debate the concern about is there an
appearance. My concern is there are two points that you raised again
tonight that were also raised I believe in both the Post Star and the
Chronicle articles, they were and you talked about the incomplete data
they were not given all the reports, they were not given the Salerno
response to. That is what you said.
Councilman Strough
?
If you read the report and anybody is welcome to foil the report and read
the report it does not show me anywhere in that report where they
responded to Salerno’s response.
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TOWN BOARD MEETING 04-07-2008 MTG. #15
Supervisor Stec
?
Point one is the incomplete and false. So, I want to address that first and
last week I had asked Barbara to e-mail Ed? who is the author of the
Compass Report it is a very brief e-mail and I hope that you pay attention
because I think it is very telling. Hello, Ed, thank you for completing the
review of the Town 07-08 insurance program. This question has been
posted to me and I am asking you to kindly confirm my recollection that
among many documents that were provided to you for your analysis of the
07-08 insurance program, were copies of the following correspondence
pertaining to the 07 insurance coverage provided. A letter from Gary
Eddy of Cool Insurance regarding concerns of coverage dated October
th
12, a letter from Jill O’Sullivan Attorney for Fitzgerald Morris Baker
th
Firth dated October 15 07 and a letter from Regent/Salerno regarding
th
coverage issues dated November 9 07 which is the date that you just
offered. Please confirm that these documents were provided to you for
your analysis. Thank you so much for your help and assistance. Now, I
can tell you that these documents were provided at a meeting with Mr.
Neff the only time that I ever met him or talked with him at all,
Councilman Montesi was present, Joann Watkins was present and Barbara
Tierney was present. Ed’s response to Barbara was and this came in
Thursday afternoon; This is to confirm that the three letters that we
referenced in our report and you list in your e-mail were in fact included in
the materials that we were provided to us in preparation for our review and
report. So, he is saying he got them. Now, when I read the article I asked
Barbara specifically again, I wanted to make sure because there was some
confusion was it a Salerno letter or Regent letter. So, Barbara sent a
response e-mail; The response from Regent was accompanied by
Salerno’s reply, could you please confirm that also thank you so much for
your help Barbara and he responded to Barbara on Friday last week, you
are correct Regent’s and Salerno’s letters were supplied to us. So, point
one that you made tonight and was in the newspaper was that they were
not given all the data, that in fact we hunted and we picked and choose
which ones.
Councilman Strough
?
I said they did not analyze the document.
Supervisor Stec
?
He said he got them and analyzed them.
Councilman Strough
?
I said they did not analyze the document there is no indication and I
welcome the public to read it, there is no indication in those six pages that
the document was analyzed.
Supervisor Stec
?
According to materials reviewed there was no reference in Regent’s
th
Report of the comment from Gary Eddy’s letter of October 12. Now for
th
him to comment on a reply to Gary Eddy’s letter of October 12 not
including something that implies that he had it. So, in his report on page 4
Councilman Strough
?
Oh, he may have had it, but he did not do much with it.
Supervisor Stec
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TOWN BOARD MEETING 04-07-2008 MTG. #15
?
At this point the materials provided to the consultant largely corroborates
the findings of Counsel that if former Town Counsel another independent
analysis that was done. The letters from the brokers on this subject speak
for themselves and are written by parties with vested interest in the issues.
He just ..all of the brokers I read that as Cool’s letter, Salerno’s letter, are
from brokers on the subject they speak for themselves and are written by
parties with vested interest in the issue. The over all preliminary
conclusions are that Regent Consultant is calculable and that they did not
provide adequate specifications and oversight of the compete project as
outlined in their engagement agreement. This report
Councilman Strough
?
Who requested that Jill O’Sullivan
Supervisor Stec
?
I am going to get to that. Let me finish I am almost done here. This report
th
therefore recommends that the letter from your counsel of October 15
serve as the conclusive document and that the book be closed on the issue.
Now, all right so we have this
Councilman Strough
?
Who requested Jill O’Sullivans letter?
Supervisor Stec
?
I am telling you right now, I requested the letter.
Councilman Strough
?
The reason I asked is because if Cool gets the insurance back I hope that
you request the same thing for them. That they get investigated and that
you are just as hard and just as investigative of them as you were
somebody else.
Supervisor Stec
?
The question that you are asking if Dan what prompted you to ask
Councilman Strough
?
Well, we know what prompted you.
Supervisor Stec
?
That is right. Put yourself in this position John you are sitting here you
are the CFO of the Town you are guy that people are going to come to the
microphone and challenge whether you have done right or wrong, whether
you have been wise or unwise, and you have had a constituent and an
insurance expert all be it perhaps with a very strong argument of case of
sour grapes or their own interest but an insurance expert in the Town for
whatever their motivation tell you, you have a problem with your current
insurance coverage what are you going to do about it? Now, if the
wisdom of the last Board prevailed they dismiss it as self serving sour
grapes, dirty Republican politics they would stick their heads in the sand
and they say there we showed them who is boss and it would die there.
Now, lets say that is exactly what I did and I didn’t pursue this like I did,
then what would have happened is somebody gets hurt it goes to court we
find out maybe in that instance that there is an insurance problem. Then
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the question that I am being asked here aren’t about how well do you
know Mike Grasso, the questions are you were told that you had a
problem and you did nothing. Now, what is worse for the Town. I think
that would be much worse for the Town. So, the prudent thing to do when
told that we had a problem was go turn to a objective source so what did
we go to Town Counsel, they analyzed it. If we can’t trust our own Town
Counsel that the last Board bent over backwards to make sure they
changed picked their guy and I am not saying that they didn’t do a good
job for us, but they chose to switch horses. Our Counsel offered their own
independent analysis now we have a second independent analysis is
everyone in the business of taking care of Cool Insurance? I mean, who is
making the Cool Aid?
Councilman Strough
?
Dan, all I said was that I hope that you would do the same with any
insurance company but I also have concerns because I doubt that you
would do that because
Supervisor Stec
?
Because why?
Councilman Strough
?
Your Chairman is also one of the principals of Cool Agency
Councilman Brewer
?
John, come on. If somebody accused
Councilman Strough
?
That is ok, in your mind that is ok you know what I don’t think the general
public is going to
Supervisor Stec
?
That has been reviewed ad nausea John.
Councilman Brewer
?
Those are two totally different questions, John.
Councilman Strough
?
In any event
Councilman Brewer
?
The statement was we got a lack in our insurance coverage
Councilman Strough
?
Go ahead Dan, go ahead, we are going to have a difference of opinion
Supervisor Stec
?
Let me, so and a difference, John but that is just it
Councilman Strough
636
TOWN BOARD MEETING 04-07-2008 MTG. #15
?
The only thing I said lets take the politics out of this
Supervisor Stec
?
That is not what you said, you politicized this John.
Councilman Strough
?
Now, wait a minute I said lets have an ad hoc
Supervisor Stec
?
We have spent fifteen minutes on this subject
Councilman Strough
?
Citizens Advisory Committee review the insurance and give us
Councilman Brewer
?
Who is going to pick those citizens?
Supervisor Stec
?
The Town Board will, and then what we will have here is a parade of
people saying you are picking your friends for the Zoning Board and you
are picking your friends, I mean where does it end, John. The words that
were used last year, because lets be perfectly clear, John Strough accused
somebody of collusion a few times.
Councilman Strough
?
I think people sitting in the audience would be very good.
Councilman Brewer
?
John, let me put it to you this way simply us five got elected to represent
the Town lets just do our job don’t pass the buck.
Councilman Strough
?
All right listen, ..I gave my opinion and that is it, we are going to move
forward and we got important issues the stack is high we have the Cable
TV Franchise we got the ..
Supervisor Stec
?
But John, you friends keep coming to the microphone and writing their
letters accusing people of things that are untrue.
Councilman Strough
?
These are residents of the Town of Queensbury who have concerns.
Supervisor Stec
?
The first point that I wanted to make sure to refute that was both brought
up by you tonight and brought up by you and your research analysis in the
Chronicle the other day was that they weren’t provided, because this is
important because you said what they were provided and what they
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TOWN BOARD MEETING 04-07-2008 MTG. #15
weren’t provided was very telling. What we have tonight is evidence in
the report and evidence directly from the …report that he did have those
documents. Why wasn’t it clear in his report to you I cannot answer, read
it again. The second issue was idea of the cozy relationship because two
companies, one what you said in January that got me a tongue lashing by
the Post Star about a remark that I made, was that after forty five minutes
of other questionable remarks was that there was an inappropriate
relationship and when challenged by either Ron or Tony you said they are
neighbors. And somebody said what do you mean by neighbors and you
said one is in Albany County and the other is in Rensselaer County if
somehow that raises to level as a conflict of interest where one person can
be in Albany County and the other person in Rensselaer County then when
pressed you said well they are members of the same Chamber of
Commerce. I do not know that, that raises to the level of
Councilman Strough
?
They are like four or five miles of each other on either side of the river
down there. In any event
Supervisor Stec
?
When you tell me somebody is neighbors I think they are next door
neighbors or across the street.
Councilman Strough
?
I gave my opinion I just thought the relationship was too cozy for an
objective..that is my opinion.
Supervisor Stec
?
Well, and there will be people running around in the next few weeks or
months certainly misrepresenting what the facts are and I just hope a lot of
people watch tonights Town Board Meeting.
Councilman Montesi
?
When asked by Supervisor Stec to serve on the insurance committee we
selected an consultant and we specifically said to the consultant, here is
what we want, we do not want to know who you are going to ask to bid,
we don’t want to know when the bids come in and we want the bids open
publically. We do not want to see them until they are open publically.
Now, I am not sure whether or not because we hired the wrong consultant
but that is as fair as I think I can be in terms of I do not want to know
anything about this thing until the day of the bid opening and that will be a
public opening.
?
Transient Merchant Law we are trying to resolve how do we treat a
convention center and namely we have right now in town the Dome, and
with fairness so that he does not have to keep coming to a Planning Board
Meeting and I think we are making progress.
?
Union Negotiations - joined by Tim Brewer we are in our sixth week of
negotiations the two main issues will be medical insurance and rate of pay.
?
Met with the Recreation Commission last week, talked about the future of
Jenkinsville, the fields will be playable by the end of June.
?
Building Report Value of Construction -Five million six hundred, last
year four million seven hundred, up almost a million, not in single family
638
TOWN BOARD MEETING 04-07-2008 MTG. #15
houses but in commercial; two million two commercial and a hundred and
twenty thousand in housing last month.
Councilman Metivier
?
When we talked about the insurance a while back we had discussed the
fact that we are going to have closed bids, hopefully we can open them in
public, we need to make sure when we open the bids every body knows
there is no collusion there. I read the report from Compass I am still
getting some people saying that I am employed by them and I truly am not
so I am just going to clear the air on that once again, that I don’t have any
conflict with these people. John, you made a comment about an e-mail or
something that went back and forth was the gentleman’s name from
Compass Greg Serio by chance. Because Greg Serio used to be the
Superintendent for the State of New York Insurance Department for the
Pataki years.
Councilman Strough
?
I do not have that document with me.
Councilman Metiver
?
If somebody had referenced something that he said then it could be from
that, I just wanted to throw that out there. I have noticed his name when
we first did the RFP and it kind of caught my eye because I actually knew
who he was, not that I know him but know of him. I just want to make
sure that we follow what we promised everybody to make sure that we
open these up in front of everyone so that we do not have any problems.
But, we have to be sure that we also have the right insurance for the town
this time, because there are some issues and has been discussed numerous
time we do have gaps and we need to make sure that we don’t anymore.
Supervisor Stec
?
To close, again I am bothered, it is certainly not a PR campaign when you
have numerous people with their own political agendas out there trying to
damage somebody’s name and the names that were damaged beyond my
own and Tim Brewer’s was Jennifer Switzer and Joanne Watkins and
apparently several people at Cool and now apparently our own Attorney
Jill O’Sullivan and Compass, I just do not understand where it ends and
John I understand, believe me after reading this report I can understand
why you want to change the subject. But, you know if somebody is going
to tarnish my name you better bring facts, you better bring information,
you better prove it. This is privilege of the floor, I cannot control what
folks do outside on their own when you come to this microphone there are
some rules in this room. It is not a license to slander people and spread
false information and if I know that somebody is saying something that
isn’t true I am going to interrupt them and if they continue to do it they are
going to forfeit their privilege of the floor that evening it is as simple as
that. We have very lenient over the years with that microphone and I
think it is good to err on the side of leniency I think there have been some
people that have taken some license with it and frankly have abused the
privilege. I want to make sure that people like Walt and Joan Griskot and
other people that don’t come to a lot of these meeting, but when they do
want to come to these meetings that they feel like they can come to these
meetings. If some sort of brawl is going to break out from people that
have an agenda that they are pushing that maybe good or maybe bad but I
am responsible for controlling the room and operation of this meeting and
that is why the Board has given me a gavel and that is why the Board
passes a resolution on the rules of procedure, perhaps it is my fault that I
have been too lacks in allowing some of the conduct that I have had at that
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TOWN BOARD MEETING 04-07-2008 MTG. #15
microphone. We are going to continue with privilege of the floor because
I think there is great value in it but I am going to ask again that people
don’t abuse the privilege.
st
?
Route 9 Road Work - That State will start work on Route 9 on April 21.
that is work that DOT will be doing from the City Line to Round Pond
Road, resurfacing, restriping, re-curbing, looking at drainage infrastructure
and taking care of the asphalt islands.
?
RE: John Salvador Foil Request - Noted North Queensbury Fire
Company is providing the information to you… the Town is not appeal
authority for a fire company
RESOLUTION ADJOURNING TOWN BOARD MEETING
RESOLUTION NO. 220.2008
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns its Town
Board Meeting.
th
Duly adopted this 7 day of April, 2008 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury