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1995-12-27 SPECIAL TOWN BOARD MEETING DECEMBER 27,1995 7:04 P.M. MTG #68 RES 663-679 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS HIGHWAY SUPERINTENDENT, PAUL NAYLOR COMPTROLLER, CATHY GEOFFROY PRESS: G.F. POST STAR PLEDGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE Supervisor Champagne called meeting to order... Supervisor Champagne referred to the negotiations conducted with the different Fire and EMS companies and noted there was great cooperative spirit on both sides ... credited everyone for keeping the tax rate the same as last year. PUBLIC HEARING - FIRE AND EMS CONTRACTS NOTICE SHOWN 7:06 P.M. SUPERVISOR CHAMPAGNE-I'll open the public hearing and we'll hear from anyone who would like to be heard from. Just raise your hand and you'll be called upon, come right up front here and tell us what you have to say. MR. BOB WESTCOTT-I'm Bob Westcott, President of Queensbury Central. We went over our contract last night and are very pleased with most of the wording in it. Does everybody have a copy of the contract? On page 6 of the contract, section b, states a budget for 1996, should that be 1997? COUNCILMAN PULVER-I'd say yes. SUPERVISOR CHAMPAGNE-Is that true with all of them, I wonder? ATTORNEY DUSEK-Yes, it would have been the same error every where. SUPERVISOR CHAMPAGNE-Same error? ATTORNEY DUSEK-Yes. SUPERVISOR CHAMPAGNE-Well, at least we repeated that error. Thank you for bringing that to our attention. MR. WESTCOTT -Okay, thank you. And also on the, page 5, the fire company shall mail and or personally deliver the documents identified below to the Town of Queensbury by July 1st, 1996. That should also be 97? ATTORNEY DUSEK-No, that should be 96. MR. WESTCOTT-That would be 96? ATTORNEY DUSEK-Right. MR. WESTCOTT -Okay. ATTORNEY DUSEK-That's next year, six months. MR. WESTCOTT -On page 6, c, a five year plan that projects future capital needs and expenditures. Are you asking us for just to add on the fifth year, or are you asking for an entire five year plan every year? SUPERVISOR CHAMPAGNE-Just to add that fifth year on. MR. WESTCOTT -Okay, so in other words, this year, delete that one but add the fifth year on. SUPERVISOR CHAMPAGNE-Correct. MR. WESTCOTT -So, we maintain a five year plan all the time? SUPERVISOR CHAMPAGNE-That's right. MR. WESTCOTT -Okay. COUNCILMAN MONAHAN-And there could be changes also within, you know, the previous years that you've submitted, if you have any addendums or changes, put those in at the same time, on the third or fourth year or something. MR. WESTCOTT -Okay, thank you. MR. DICK GOEDERT-On the attachments, there's one attachment that was slipped in that was not discussed during negotiations. There's no exhibit number on it, so I can reference it for you. It says a capital plan request form and it's in the back of the contract. SUPERVISOR CHAMP AGNE-I don't have that copy with me to be very honest. MR. GOEDERT -Okay. The question that I have and I did talk to Cathy once, at the bottom of it, it reads this form is to be used for all equipment and facility purchases and significant improvements, please use one form for each building and type of equipment and year, the total request forms should agree with the total request schedule. Am I assuming that you want a copy of this form for each item listed on the five year plan and if so, that becomes quite an undertaking? SUPERVISOR CHAMPAGNE-I think in our discussion today we were talking here more about something at the ten thousand dollar value, at that level. Anything less then ten thousand dollars, obviously... MR. GOEDERT-Per item? SUPERVISOR CHAMPAGNE-Per item. MR. GOEDERT-Okay, I can live with that. SUPERVISOR CHAMPAGNE-That's major. MS. CATHY GEOFFROY, COMPTROLLER-When we redo the contracts, I can put on that, ten thousand dollars and above so that it's written right on the form. SUPERVISOR CHAMPAGNE-Yes. MR. GOEDERT-The only other thing I'd like to have go in the minutes because we had a concern that the public would see the dollar amount that Queensbury Central is receiving and not know what that means. I'd like to make it clear that $348,370.00 is our operation fund, $52,925.00 is our 1995 truck fund money and $50,000.00 is our 1996 truck fund money and that comes to the total of $451,295.00 for the record. COUNCILMAN MONAHAN-And Dick I would also like to add for clarification the $52,000.00, whatever the odd dollars were, was your $50,000.00 1995 vehicle plus the interest that money had eamed while it was in the town's hands. MR. GOEDERT-That is correct. That is correct. MR. WESTCOTT-Thank you. SUPERVISOR CHAMPAGNE-Thank you. MR. JOHN SHAHA Y-I'm John Shahay, outgoing President of North Queensbury Fire Company and we just have one, we just want to clarify one thing on page 5 and I believe it's the third addendum or whatever you want to call it, that states that the fire company will maintain the truck funds and I think part of that discussion tonight is whether or not the fire company is going to maintain it or the town will hold it. But if we could have a little more clarification on that, it states that the fire companies will maintain those funds. COUNCILMAN PUL VER-I think that's for funds that you already have. MR. SHAHAY-Okay, that's what ... MR. WAITE COWLES-Is that this, I'm Waite Cowles, Vice President, is that... COUNCILMAN PUL VER-Ifyou have some. You may not have anymore truck funds. MR. COWLES-Right, which we don't. COUNCILMAN PULVER-Right you don't. So, for those that do, will and those that don't ... MR. SHAHA Y -They'll carry over. Okay. Another question I have is, some of the budgets include the truck funds and others don't. Is there a reason for that? COUNCILMAN MONAHAN-That's because they're doing a purchase. COUNCILMAN GOEDERT-They're buying apparatus. COUNCILMAN MONAHAN-They are buying an apparatus. MR. COWLES-Okay, so they're buying apparatus in the current year? SUPERVISOR CHAMPAGNE-Right. MR. COWLES-Okay. SUPERVISOR CHAMPAGNE-That's all there is to it? MR. SHAHA Y -Thank you. SUPERVISOR CHAMPAGNE-That's guys, that was easy. You know, if you're in the mood and you would like to sign off on these tonight, obviously the board is in a position for signing also and that would get us off to a good start come January 1. So, if you want to just hang around a little bit after the meeting and if you have any other questions or concerns, I'd be glad to try to answer those but if you feel that you've had enough discussion and you're ready to sign, that certainly would be to everyone's advantage as far as our side is concern for those of you that would like to do that. Otherwise, hopefully within the next day or so before the first of the year, we can have these signed and be on our way. Mike, yes. MR. MIKE PALMER-Good evening, I'm Mike Palmer representing West Glens Falls Fire Company with John Skelly, President of the West Glens Falls Fire Company. We're also here again tonight basically for a clarification standpoint for some of the language in the contract. First of all, in our particular instance, we have $81,000.00 worth of funds that are being put into a stabilization fund which are earmarked for a building improvement. The question I raised yesterday when we were on telephone, is there's no reference in the contract anywhere. This money, just kind of vanished from the documents that were tumed in for a contract and to what the final draft ended up being. I wanted clarify what my interpretation of the conversation was yesterday for the record and also ask that, that be added as an addendum to our contract. My understanding is that we agree to accept $151,450.00 in operating expenses and the town agrees to set aside $81,000.00 in a stabilization account earmarked for building improvement. When and if the company, the fire company proves the need and the ability to maintain the facility, the contract for West Glens Falls Fire Company be reopened and the $81,000.00 would then be put into the fire company contract for 1996. Should the company not prove the need for the building or prove the ability to maintain the building, at that point the contract would be reopened and a sum of $11,000.00 would be added which is the difference between the operating expenses requested and the operating expenses settled upon based on a building improvement going through. SUPERVISOR CHAMP AGNE- That's my understanding. Does the board want to, Ted? COUNCILMAN TURNER-That's the way I understood it. COUNCILMAN MONAHAN-I'm agreeable to that. COUNCILMAN TURNER-Yea. MR. PALMER-We're saying we would like to see that attached as an addendum to the contract also so that we all have, we're all looking at the same page. COUNCILMAN GOEDERT-I just have one question. MR. PALMER-Yes. COUNCILMAN GOEDERT-The $81,000.00 that you want earmarked for 96, now does that mean that you, if your building is not completed or you don't need the full $81,000.00 that you feel that, that should all come to you in 96? Or just what you request of the $81,000.00? MR. PALMER-Our intentions at this time, is to ask for the full $81,000.00 because we're not sure exactly what the engineering costs will be or what the first year's interest payments will be. What our intentions were is to any balance in that account, at the end of 96, would be deducted from the request in 1997 for mortgage payment. So, it will offset itself in the next contract. COUNCILMAN GOEDERT -Okay. We spoke the other day Paul in reference to that amendment, is that going to be added to their contract? ATTORNEY DUSEK-It's up to the board of course. Legally, I feel you have the authority to do it with the understanding however that if this amendment were added, it would only mean that they could come back to the table on this issue of proof and the 81 or the 11 but if there was a later amendment, for instance, for either one, the 11 or the 81, you would hold another public hearing on the amended contract and then sign another contract. The town law provides for amendments but you have to go through that appropriate procedure. As far as the stabilization fund as it's known as, it's really the surplus account and the money is in there and the board has in the past issued what it's intent is with regard to the fund, I have no problem obviously if you wanted to include some sort oflanguage like that again. But here again, that's, that part of it is no more binding then it has been in the past as far as the monies go. Surplus funds, it's earmarked, the intent is stated but it's not really a contract relationship, not until the money is needed at some point in the future and the parties finally resolve their difference in that manner. But you could add a provision as was mentioned and you know it's easy enough to draft if that's the board's wishes. SUPERVISOR CHAMPAGNE-That's what I would prefer. COUNCILMAN PULVER-Me too. SUPERVISOR CHAMPAGNE-Okay. MR. PALMER-We would be in a position to accept the contract once that language is changed and that's added to the contract. SUPERVISOR CHAMPAGNE-That's fine. MR. PALMER-Also, just in closing from our perspective, I'd also like to add comments that Fred eluded to earlier regarding the spirit of cooperation this past year. It was really nice coming in and sitting down with ladies and gentlemen and dealing with our business as business people without the animosity and without the rest that went along with it and we really appreciate the respect that the Supervisor and the Town Board showed us and we think we've shown the same respect in retum and we'd like to continue that relationship down the road. SUPERVISOR CHAMPAGNE-Appreciate that Mike. COUNCILMAN PUL VER- Thank you. COUNCILMAN MONAHAN-Thank you Mike. SUPERVISOR CHAMPAGNE-Okay, anyone else? MR. JOHN SALVADOR-My name is John Salvador, I'm a resident of North Queensbury. I read in the newspaper where your consultant has come forth with the recommendations of their emergency and fire services. SUPERVISOR CHAMPAGNE-Right. MR. SALVADOR-Have they finalized their... SUPERVISOR CHAMPAGNE-It's still a draft copy. MR. SALVADOR-It's a draft copy. Have they met the commitments of their RFP with regard to the timing of their delivery? SUPERVISOR CHAMPAGNE-Yes. MR. SAL V ADOR- They're on schedule? SUPERVISOR CHAMPAGNE-Right. MR. SALVADOR-Are any of the recommendations that are proposed have they been incorporated in any of these contracts that you're consummating for next year? SUPERVISOR CHAMPAGNE-What actually happened, John, was that in the scheduling and our late start with MMA, by the time this information which is the draft copy got back to us, it was the board's opinion that we hold that until the 96 year at which time we'll take a hard look at it and begin to decipher it and study it and determine where we're going to go with their recommendations. So, in answer to your question, there's not an awful lot that came out of that study that was really input into this. We believe that the board has chosen to sit down with the various companies, in some cases on an individual basis and other cases, collectively later on and work this process through. So, at this point, I guess my answer would be, we've not done an awful lot with it. MR. SALVADOR-When are they due to issue their final recommendations? SUPERVISOR CHAMPAGNE-That will, we're going through the draft copy as indicated, after January 1, once we've been through that draft copy and we've had conversation and discussion with the various companies, at that point we'll go back to them and we'll talk about a final copy. MR. SALVADOR-Don't they have a completion date in their RFP, a firm completion date? SUPERVISOR CHAMPAGNE-We've extended that. We have extended that. MR. SAL V ADOR-Oh, you extended it? SUPERVISOR CHAMPAGNE-That's correct. MR. SALVADOR-On what basis? SUPERVISOR CHAMPAGNE-The board's decision to do it. The board decided to do it. I guess that's the privilege of the board. MR. SALVADOR - Well, you're breaking a contract. Did you get any consideration for that? SUPERVISOR CHAMPAGNE-John, I could sit here with you and argue, I can do whatever you chose to do. All I'm going to tell you is that's been extended and either you can accept that or you got to do with it whatever you chose. MR. SALVADOR-But it was a decision of the full board to extend the completion date of that contract? SUPERVISOR CHAMPAGNE-Is that what I told you, John? Then that's the way it was. MR. SALVADOR-Okay, I just don't recall it being talked about at a board meeting. Not that I get to all of them. SUPERVISOR CHAMPAGNE-Correct. MR. SALVADOR-Okay. With regard to third party payment on emergency services, has anything like that been incorporated in the contracts for the emergency services? SUPERVISOR CHAMPAGNE-No. MR. SALVADOR-What prevents them from going ahead on their own and doing this. SUPERVISOR CHAMPAGNE-Nothing prevents them from doing that. We have, I have information on my desk, we have sent for copies of information relative to that subject. We do have that information, we are going to be looking at it, talked tonight with Mrs. Goedert who will in fact probably make a visit to an area that has that third party payment and it's very possible that we'll implement that in 1996. COUNCILMAN GOEDERT-John, there's also, in the article or in the contract, there still is the clause in there that you can not bill individuals in the Town of Queensbury. MR. SAL V ADOR- Town of Queensbury. SUPERVISOR CHAMPAGNE-Right. MR. SALVADOR-Only the Town of Queensbury. COUNCILMAN GOEDERT-And calls within the Town of Queensbury. ATTORNEY DUSEK-It's any person. COUNCILMAN GOEDERT-Any person. MR. SALVADOR-Are you authorized to go outside the Town of Queensbury. COUNCILMAN GOEDERT-There is a clause in there in reference to mutual aid calls. If you become a constant response, then they're not going to be picking up that service themselves, that will allow the companies to contract with an outside facility to be, retum the fund of the cost of that. We have nobody, one company is negotiating or attempting to negotiate that at this time. MR. SALVADOR-Does the contract for fire services for North Queensbury reflect the intent to sell the old fire house? SUPERVISOR CHAMPAGNE-There's nothing in the budget that would indicate any revenue coming from North Queensbury at this point. MR. SALVADOR-What is going to precipitate the sale of this building which was the intent? The intent in expending money for the new fire house was that the debt service, the debt would be offset by the proceeds from the sale of the old fire house on the excess property. SUPERVISOR CHAMPAGNE-I guess you would have to ask someone here from North Queensbury. MR. SALVADOR-No, this was the Town Board. The Town Board agree to this. This was the basis on which we back stopped that loan to build that building. The budget amount, the interest, everything. SUPERVISOR CHAMP AGNE-I don't know how far that's gone, I don't have an answer to that then. I guess we're, I know we've been asked from North Queensbury as far as the town is concerned of any interest we may have in it and our response was at this point, we have no interest. Now, whether that building has been put up for sale, I have to look at that. I have to back, I guess I wasn't on the board at the time that, that decision was made. Betty, maybe you can help us with that. Was there any assurance that, that building would be sold to offset those costs? COUNCILMAN MONAHAN-That was a possibility as far as the presentation but it wasn't, you know, how does anybody know in the market today when you can sell a building and get the retum that you ought to get on it, the real estate ... MR. SALVADOR-Hold an auction, Mrs. Monahan. COUNCILMAN MONAHAN-And maybe also distress sale, which might not be the most sensible thing to do in this climate, John. MR. SALVADOR -You start an auction at a price, you have total control. COUNCILMAN MONAHAN-We do not have total control, John. MR. SALVADOR-No, I mean those selling it have total control. They don't have to sell it. COUNCILMAN MONAHAN-That's their business, talk to them. SUPERVISOR CHAMP AGNE- Yes. If! hear you say that we can force North Queensbury to sell that building, is that what I hear you say? MR. SALVADOR - I think something should be done to precipitate the sale of that building to reduce the debt load. That was the spirit and intent on this board and the citizens supporting the building of that new fire house. Now, the county has an interest in this property, from what I understand is going on with regard to the North Queensbury sewer district. COUNCILMAN MONAHAN-I think that's a premature conclusion too. SUPERVISOR CHAMP AGNE-I can't answer that. MR. SALVADOR-No, read the reports. COUNCILMAN MONAHAN-John, all those reports, I've read millions of them, believe them, and alot of them have not been accepted by the board and there's been no final decisions made. MR. SALVADOR-The county has accepted the and adopted the findings. The county has. SUPERVISOR CHAMPAGNE-John, listen to me please. MR. SALVADOR-Alright. Haven't they? SUPERVISOR CHAMPAGNE-No where have I found in reading the literature in any of those reports that it said that that's where the area will be located to accept it. MR. SALVADOR-It's one that's been studied and recommendations have been made and those recommendations have been adopted. SUPERVISOR CHAMPAGNE-Anyone else care to speak? Yes sir. MR. JOHN OWEN-John Owen, North Queensbury Rescue Squad. The question I have is on page 4 of our contract, proposed contract. You mentioned the $68,604.00 but nothings mentioned about the $16,000.00, additional $16,000.00 for truck fund. My question is and it was published in the paper as to whether or not those monies were going to be tumed over to the rescue squads and fire companies or if that money, those monies were going to be held by you people and I wonder what the outcome is of that? COUNCILMAN GOEDERT-Cathy, have you got a response from the Comptroller's Office? MS. GEOFFROY, COMPTROLLER-Yes, basically we got back the same answer that we had in the past that it's one way of taking care of the truck fund monies. There's other ways within the confines of finance law but that this is one way to handle it and the comptroller said as long as the balance doesn't get to be excessively large, they wouldn't have a problem with it. SUPERVISOR CHAMPAGNE-So our plan is for 1996, John for the town to hold that money and then it will be looked at again, you know, a year from now to determine where we should go from there. MR. OWEN-Our concern is that it's mentioned no where in the contract and for example if, you know all of you were not be in office I think next year, all of sudden you've got somebody new coming and we have the same problem when all of you came in with the last regime, all of sudden things get lost and you know, all of sudden the money is in the general fund or whatever the situation. COUNCILMAN MONAHAN-Can not go to the general fund. COUNCILMAN PULVER-It can't happen. MR. OWEN-Well, whatever. COUNCILMAN MONAHAN-No, it has to stay in fire rescue fund. MR. OWEN-I know but, I understand that but the problem I have is that we're, our $16,000.00 is not represented in this contract and we think it should be. I don't know how you want to handle this. SUPERVISOR CHAMPAGNE-It's a surplus fund, it's a fund balance that goes into the fire fund. ATTORNEY DUSEK-Using this alternative, you can not put it in the contract, it's not to go in there. The only, you have to use some other method but the method that is currently being employed requires it to be a surplus fund and it requires that you do not contractually commit that money. COUNCILMAN MONAHAN-John, I just mention as a thing a good faith with Queensbury Central tonight who has gotten approval to buy a new vehicle. If you heard them read their contract, their contract included the money that was put aside in their truck fund, stabilization fund, whatever you want to call it, in 1995, they had it retumed to them by their contract because they're now ready to purchase the vehicle. Plus the fact they got the interest that the town eamed on that money. I mean, all of us is going to be here for another two years. COUNCILMAN GOEDERT-The board changed by two people last year. COUNCILMAN MONAHAN-Well, you know, as far as elections I'm talking about. But as far as, evidence of good faith of what has happened, I would hope the companies will take that. MR. OWEN-Well, go onto another subject. I guess I've got concern for, at least we have a concern, our rescue squad doing a five year plan. In EMS it's a little bit difficult, I'd rather do a three year program to try and shoot for the future instead of a five year. For example, the hospital that we actually work under could demand that we go and spend some extra money going into life pack 12. Are we up to 12 or II? Which one does all the diagnostic for you and there's talk of going from a 3 lead EKG to a 6 or possibly a 12 lead EKG, which as anybody knows that it's involved with this thing, you're talking about each unit as $9,000.00 and will probably be higher. We haven't projected these into our budget five year plans, we could look rather foolish. A three year plan I think would be a little more realistic and we could make the changes. Obviously, if the hospital comes down and says, you've got to do this in a reasonable amount of time, a couple of years is probably a reasonable amount of time that we could get away with and then we'd all look foolish and you people have some idea of what you've got to budget for. I would prefer, I think our rescue squad would prefer to a three year plan as opposed to five year plan. I don't know how you feel about that. SUPERVISOR CHAMPAGNE-Well, before we leave that John, obviously any plan is a plan, you know it's not in concrete and what I would like to think that the Town Board can take a look over the next five years times eight companies and we can begin to see the kind of costs or anticipated expenses that you're experiencing out there or you're projecting. MR. OWEN-I understand that. SUPERVISOR CHAMPAGNE-Now, every one of those years obviously is going to be lopped off and one added on at the end of every single year. If for some reason this thing comes into place like you're talking about, whatever they are, then certainly you're going to build that in out there three years. This plan is going to be flexible, we're going to be looking at some things that maybe in there for starters and get dropped out along the way. Our goal is to look out five years and put some kind of an expense, if you will against that plan so that we know that over a five year pull, someway, somehow we can stabilize that tax back to the taxpayer. That's really the goal. I understand what you're saying very clearly, only we can do the same thing given the five year plan extended out there while at the same time you're modifying, changing or whatever you have to do within and hopefully, your group and the board can sit down and iron out those issues along the way. But I don't see a problem with what you're saying still reaching out five years but changing or modifying as you go along. MR. OWEN-The other concern that we have is that we'd like to see us go back to the three year negotiation. SUPERVISOR CHAMPAGNE-And we're looking forward to that ourselves. MR. OWEN-As many of the people have said and as you've said, this year was alot different then last year and I know, I think for most of us we were not looking forward to doing this, this year and it was a pleasure actually to deal this year. And maybe it was because we all got a better handle on what you wanted and you got a better handle on what we did and so forth. So, we appreciate that but certainly look into doing a three year contract and if possible, I hate to bring this up again and I usually do but Doc Eisenhart, a Doc Eisenhart type was certainly worked very well with the fire companies and the rescue squads and I'd like to see something like that happen again and I think the report that has come through, the preliminary report has kind of brought that idea off except for paying a person. It might make this whole workable deal a little more workable. Thank you very much. SUPERVISOR CHAMPAGNE-I appreciate your input. Anyone else? Now, Mr. Attorney would it be in good steed if we were to take a five minute break here and ask those companies that are interested in signing the contract at this point do that or aren't we ready for that? COUNCILMAN PULVER-Don't we have to pass the resolution first? SUPERVISOR CHAMPAGNE-No, I understand that but I mean I don't want these people to walk out on me, that's all. DEPUTY TOWN CLERK, CAROLINE BARBER-I have to read a letter before you close the public hearing. SUPERVISOR CHAMPAGNE-Okay. COUNCILMAN GOEDERT-And I also have a comment. SUPERVISOR CHAMPAGNE-Okay. ATTORNEY DUSEK-Maybe I can respond to your inquiry though. As far as some of these companies, West Glens Falls, I guess the fire company, that contract can not of course be signed tonight because there's an amendment that's needed for that particular contract. The capital request forms need to be amended to include some additional language, we would have to write that in on the spot or you know, have a new form made up tomorrow to include that language. And of course there is the one error on 96 that should be 97. So, from a practical perspective, as far as the town is concerned, I can tell you that since I have to handle the contract signing, it's just as easy for me to do them over the next couple of days or if it's more convenient and the fire company or rescue squad wants to sign here and now, I certainly have no problem with that either, if it's more convenient for them. But certainly, if everybody wants to do over the next couple of days as they stop in, that's fine too, either way works. SUPERVISOR CHAMPAGNE-That's fine, I'm just trying to make it convenient for everyone. Okay, let's hear the correspondence. DEPUTY TOWN CLERK BARBER-Okay, I have a letter from Bay Ridge Rescue Squad. Due to our annual meeting, we are unable to send a representative to tonight's meeting. I would like to cover two points in this letter. 1. The Board of Directors and myself wish to extend to you or appreciation of the way the negotiations have progressed so far this year. It has been pleasurable to have open and honest discussions on the many topics that concern our operations. 2. In regard to the vehicle fund money, I would like to take this opportunity to tell the Town Board, that the Board of Directors and the entire membership of the Bay Ridge Rescue Squad Inc., support Mrs. Goedert in her effort to give these funds back to the companies. The organization believes we can keep and invest these funds as well as the town can. Bay Ridge Rescue believes that this money should be kept in a separate account, and that its only use will be vehicle replacement. This of course would be verified yearly to the Town Board, also since we can not buy anything over $50,000 without Town Board approval, this would be the second check and balance in keeping the funds untouched. In closing, I urge the Town Board to reconsider their decision not to let the individual companies keep their vehicle replacement funds. Sincerely, Brian Fisk, President, Bay Ridge Rescue Squad. SUPERVISOR CHAMPAGNE-Okay. Anyone else? COUNCILMAN GOEDERT-I have a... SUPERVISOR CHAMPAGNE-I need to close to the public though. Anyone else from the public care to speak? I'll close the public hearing and we'll hear from the board. PUBLIC HEARING CLOSED COUNCILMAN GOEDERT-Just for on the record, Paul on the EMS contracts, the cover page item 1, ALS certification that will be changed to New York State certification. ATTORNEY DUSEK-I just want to make sure I find it again, I know you showed it to me a little while ago. What page was that on, Connie? COUNCILMAN GOEDERT-The very first page of the agreement, it's item 1. ATTORNEY DUSEK-You know, I'm not seeing it on this version. I think that you may have an old copy. It was in the previous version and if you'll recall, I think that was the one that we may have took out, now that I'm and I know just a moment ago, I thought it was in too but I think it's out. Let me just show you what I've got here. (Attorney reviewed proposed contract with Councilman Goedert) COUNCILMAN GOEDERT-Okay, so it's going to come out this way, not this way. ATTORNEY DUSEK-Right, this is the final version right here. I'm sorry for the confusion. COUNCILMAN GOEDERT -Also in reference to the stabilization fund, a/k/a surplus fund, a/k/a truck fund, I, first of all Brendon, it's articles in the Post Star, when he talks about these, he directs me with West Glens Falls Emergency, in what I want to make very clear is the fact that number 1, West Glens Falls Emergency would not be involved in this issue because their contract money is to get their stabilization, truck fund, surplus fund. Also, in doing that my concern with this is that the, any line item that has to have three titles to make it okay to do, doesn't have the right odor about it when it's, when you're able to say it's okay to do it. In reference to those things that the town holds it, alot of the companies that I've talked to they don't have a problem with that. But I felt and still strongly feel that it was part of the negotiations that they were directed to in this year and that they were going, they were told they were going to get those funds back. I still stand strong with that fact. I still feel strong with the fact that if you have to have three titles to a line item, there's something wrong. Now, because we can't get a black and white answer out of the Comptroller's Office, we can't get a black and white answer out of anybody, I would encourage Cathy to continue looking into this. Take it to the law office if you have to and come up with an answer that's yes or no because I am not above eating crow, I've ate many and will gladly eat again if I'm wrong. But, there's got to be a black and white answer to this item. ATTORNEY DUSEK-I guess I'm confused, Connie on that point because I think that the, first of all, when this first got started, the issue, I obviously researched the issue legally and it's my opinion that it is legal for the Town Board to hold back a surplus fund in the fire protection fund which is what they're doing. I think what Cathy has done more recently, she's gone to the comptroller and said, are you going to have any problem with a surplus fund in this fund, it's called a fund, not an account but it's, the surplus money is in this particular fund and the comptroller has said to you, no, we don't have a problem with that as long as it doesn't get up too high. Obviously you don't want to maintain large surplus balances without any purpose, you want to have a purpose to them. For instance, in the normal fund balances, you try to just have a reasonable operating budget and draw down on a reasonable tax base so you don't just build up mass surpluses. But in this particular case, there is a purpose behind the fund which is basically for the town to have monies in the future so that if a contract comes in that's particular large, you want to have a yoyo affect with the tax rates and hence, is where the name tax stabilization fund came from. That's not a legal term, it's a term that was just because of it's affect, that's where they got that name from. The truck fund, I think here again, that's not a legal name or any other name to that. I think it's just known as that because that's what this anticipated will be the significant cost that come over these periods of time and that it's also acquired that name. But the legal definitive nature of this and this is what I've tried to make clear at all times is that it is a surplus fund of money that is non committed and it's committed only as to the intent of the Town Board. But it's not contractual committed and I've tried to make that clear at every chance I have and I also believe it to be legal because there's nothing that says that you can't do that under the law in terms of maintaining surpluses. In fact it's always anticipated that you will have some sort of a surplus. This particular account obviously will be as I say large and Cathy is sensitive to that because that's what the comptroller is going to watch. He doesn't want it to get too large, that it doesn't maintain a reasonable balance to that and in point of fact, if it gets too large you folks may have a problem with continuing with this fund and you may want to look at changing it. As far as the definitive answer goes, I think then that you really have two options and I think as far as we can tell, unless somebody can come up with something I haven't thought of, it appears that you either retain the monies as you have been doing in this surplus fund that's here again, non committed, non contractually committed or you can certainly provide for it in the contract. Designate the, you know, how it will be invested and how it will be maintained by the fire companies and they will have to account for it in that fashion. So, you have two distinct options here in my opinion, both of which are legal at the current time, one of which i.e. the surplus monies, may cause you a problem in the future if it gets too large and that's really where you're at with this issue. COUNCILMAN GOEDERT-Am I mistaking that when the, before last year that these monies were given to these companies and they had to put them into separate accounts and they had to account to the Town Board when they were negotiating the whereabouts of this money? ATTORNEY DUSEK-Yes, last year was the first year that this new idea was put out. Before that time, I can't claim to have alot of knowledge in terms of all the budget matters because I didn't get that detailed involved in it but before that time, I can tell you this that the practice and the fire companies are here to verify it, was to simply contract for a particular amount and then they would in tum take that amount and arrange it about in their funds. Presumably, vehicles were included in that, you know that total sum that was being paid over to the fire companies and it was worked that way. Both arrangements, like I say, right now are legal. I think it's really a matter of looking at the practicalities as to what works best for everybody and then also looking toward the future, you know, I will tell the board that you could have a problem in the future with the surplus fund and you want to keep an eye on that. COUNCILMAN GOEDERT-I think also that we as a Town Board in negotiating, then we need to negotiate a surplus fund and not a truck fund and when we negotiate with these companies, we've negotiated with them that they have so much, so many dollars as a truck fund that's going into the surplus fund or stabilization fund or whatever title somebody wants to give it when they're talking about it. I do agree with the fact that, you know, it's not an issue but I do want to make it very clear that I felt that this was a negotiable item that we were negotiating at times a contract this year and we have directed them that they were going to have this money retumed to them. ATTORNEY DUSEK-I wasn't part of those negotiations. COUNCILMAN GOEDERT-Because of the change of that, that that's not the case at this time. SUPERVISOR CHAMPAGNE-Well, we get into our sessions and negotiations and some of the executive sessions that we have held, Connie, but it's to say that I don't believe we ever had five votes on this board that approved sending the money back to the local companies this year. I certainly felt that there was some reason for me to sense that because of the additional paperwork involved, the financials that they're responsible for, certainly there's reasons for, I believe all of us to hope that there will be some improvement in some of the shortcomings throughout and not all companies, but a couple of companies I felt we can improve on and I think we've done that. And I guess what I'm asking now is that, we take another look at it, 1996, we'll take another look at how that fund is maintained and it's possible that it can go back. But at this stage, in 1996, I believe the board indicated that we would continue to maintain it and take another look at it. Unless I'm wrong, that's the opinion that came out of the board meeting. COUNCILMAN MONAHAN-I agree with you Fred. COUNCILMAN TURNER-When the discussion was being held, it was my understanding that we were going to put this, take it off the table, we're going to bring it back on the table during this year and discuss it and maybe have a solution to where we're going to, what we were going to do with that money as Connie indicates. That's where we left it. COUNCILMAN PULVER-Right, we're going to talk about it again. SUPERVISOR CHAMPAGNE-Yes sir. MR. COWLES-Waite Cowles again, Vice President of North Queensbury. I, in good faith, we haven't had too much of a problem with the town keeping those monies that were designated what we thought was a truck fund, although we didn't particularly like the idea. However, Mr. Dusek just got done saying and correct me if I'm wrong about this, that if somebody came in with an overly inflated budget out of necessity perhaps that all of that money, the ... was that all of that money could go to balance out that large amount. ATTORNEY DUSEK-It would be up to the Town Board. MR. COWLES-When your attorney is saying this, I now am having a hard time with it. SUPERVISOR CHAMPAGNE-Let me try to clarify. Keep in mind that this is a surplus fund, it's one lump of money that's set aside in the fire and emergency squad budget. One lump of money. Within that lump of money, I would assume that our comptroller over there has a ledger and that ledger shows $50,000 in 1995 to Company A, $50,000 to Company A in 96 and 97 so that every one of these companies have their own individual ledger. Now, by law... COUNCILMAN MONAHAN-Fred, excuse me I do have the sheet with me. SUPERVISOR CHAMPAGNE-Yea, I have mine too Betty but by law what we're saying is, there's no such thing in municipal law that would allow for a truck fund. So this is surplus money. Now what we're talking about in terms of maximizing this surplus fund at which time, the comptroller is going to come in and do this, is when, you know, out of a two million dollar budget, when we start reaching ten percent, fifteen percent, we're going to be criticized for that. So, you know, there's reasons for all of us, at least Fred Champagne to believe that better else where then here and that's what we're going to look at and we need to have good solid justification to do, to make that move. That's where I'm coming from. COUNCILMAN PULVER-But I don't think the truck fund will ever get or the surplus fund, whatever you want to call it will ever get that big because there's always a need for new equipment and so you all are going to be drawing on that and taking money out of that as you need it. MR. COWLES-Yea, and I don't have a problem. COUNCILMAN PULVER-So, it's not going to accumulate to where we're going to have to do anything with it. MR. COWLES-But in years past basically we've all tried to do something of a truck fund which was for the purchase of trucks and projecting our budgets out five years now with the new report which we'll get the final draft of or at this point, twenty years or whatever it is for ambulances, we've been budgeting that and those monies have been specifically set aside by us and it was my impression that that's what this fund was going to be for. COUNCILMAN PULVER-In the privacy of the Town of Queensbury, the money that you have requested for your vehicle fund has been set aside. Alright? But by our budget, the Town of Queensbury budget which the state oversees, there's not a line item in there for your money, okay. MR. COWLES-So, you're telling me that when Mr. Dusek sat here and said that well, if somebody comes in out of necessity and we have to get an extra three hundred thousand dollars... COUNCILMAN PULVER-Because that's the way it looks, right. MR. COWLES-That this money can be just gone. COUNCILMAN PULVER-But it's not going to happen. MR. COWLES-For that purpose. COUNCILMAN PULVER-Yea, but it's not going to happen. COUNCILMAN MONAHAN-I was more thinking Paul thinking, let's say that North Queensbury came in some time with a jumped up budget and it's a jumped up budget because you were purchasing a vehicle. MR. COWLES-Correct. COUNCILMAN MONAHAN-Well, it's not a jumped up budget that's going to affect the tax rate because there would already be money in this vehicle fund to offset the tax rate because you've been planning for that vehicle all along the way. So, there's already money in that stabilization fund to take care of that part of your request that year. MR. COWLES-I understand, okay, and I'll get up and be quiet in a minute. My only concern is that if something happens that there isn't a really unusual expense, has nothing to do with apparatus purchase and... SUPERVISOR CHAMPAGNE-Could that money be used for that purpose? MR. COWLES-Well, Mr. Dusek just said it could be. SUPERVISOR CHAMPAGNE-The answer is yes. COUNCILMAN PULVER-But the only one that can give the money is the Town Board and I'm not going to give your money to someone else. MR. COWLES-Yea, but you're not going to put it down in black and white how much money is in there for North Queensbury. COUNCILMAN PULVER-Well, we do have it. COUNCILMAN MONAHAN-Yea, we do have it. MR. COWLES-Okay, I'll leave it alone. SUPERVISOR CHAMPAGNE-Known as trust. COUNCILMAN PULVER-We can play the if game all the time. MR. COWLES-Well, Mr. Dusek got my trust a little shaky right there, that's all. SUPERVISOR CHAMPAGNE-I can appreciate that. Good things will happen, given time. I appreciate that input though, it's serious business. South Q, just arrived, you had a chance to look at your contracts, is there anything you wanted to add? Come right up here, introduce yourselves and we'll be able to carry on from there. MR. DAVID JONES-Hi, I'm David Jones from South Queensbury, I'm the Fire Chief and my question is, I didn't see our truck fund labeled in our contract. SUPERVISOR CHAMPAGNE-Yea, you've got the 167, right Dave? MR. JONES-Yea. SUPERVISOR CHAMPAGNE-South Q, 167 plus 35. MR. JONES-Oh, I didn't see the 35 in the contract, I just wandered if it was really there. SUPERVISOR CHAMPAGNE-Yes, it's really there plus 15 from last year that's really there for a grand total of 217 basically. COUNCILMAN MONAHAN-On paper but not in the contract. SUPERVISOR CHAMPAGNE-Right contract, and then obviously the... COUNCILMAN MONAHAN-But your contract is your operating budget. SUPERVISOR CHAMPAGNE-Right. COUNCILMAN GOEDERT-It's like owning stock, Dave. SUPERVISOR CHAMPAGNE-The truck fund is in there. Your truck fund, where did she go... COUNCILMAN MONAHAN-In the bank. SUPERVISOR CHAMPAGNE-Your trustee is handling that very well for you. MR. JONES-I hope so. SUPERVISOR CHAMPAGNE-No, it's going to work. Anyone else before we leave that subject and move onto something else? Thank you very much. Anything else from the board? Dave, we mentioned earlier that if anyone chooses to sign the contract tonight, we just happen to have them here and Mr. Dusek will be more then happy to have you do that rather then coming back sometime before now and the end of the year, just make it easier. MR. JONES-I'm the chief, not the president so I can't sign it. SUPERVISOR CHAMPAGNE-Oh, that's right, okay. I'm sorry about that. Are we ready now to move into some resolutions? Let's do it. RESOLUTIONS RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE BAY RIDGE VOLUNTEER FIRE COMPANY, INC. TO PROVIDE FIRE PROTECTION FOR THE QUEENSBURY FIRE PROTECTION DISTRICT RESOLUTION NO. 663, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District embracing all of the geographical territory of said Town, and WHEREAS, the Town has provided for fire protection therein by an individual agreement with the Bay Ridge Volunteer Fire Company, Inc., and WHEREAS, the present agreement between the Town of Queensbury and said Fire Company expires on December 31,1995, and WHEREAS, negotiations have been held between the Town Board of the Town of Queensbury and appropriate representatives of the said Fire Company relative to the new agreement with the Fire Company in said Fire Protection District, and WHEREAS, a proposed agreement has been reached by the Town Board of the Town of Queensbury with said Fire Company for fire protection for the Fire Protection District, and WHEREAS, said agreement between the Town and said Fire Company has been presented at this meeting, and WHEREAS, it appears that said proposed agreement is fair and reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Fire Protection District, hereby enters into said agreement with the Bay Ridge Volunteer Fire Company, Inc., in the Town of Queensbury, in the form presented at this meeting, for fire protection for the Fire Protection District, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be and he is hereby authorized and directed to execute said agreement on behalf of the Town Board of the Town of Queensbury and the Fire Protection District. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INe. TO PROVIDE FIRE PROTECTION FOR THE QUEENSBURY FIRE PROTECTION DISTRICT RESOLUTION NO. 664, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Tumer WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District embracing all of the geographical territory of said Town, and WHEREAS, the Town has provided for fire protection therein by an individual agreement with the North Queensbury Volunteer Fire Company, Inc., and WHEREAS, the present agreement between the Town of Queensbury and said Fire Company expires on December 31,1995, and WHEREAS, negotiations have been held between the Town Board of the Town of Queensbury and appropriate representatives of the said Fire Company relative to the new agreement with the Fire Company in said Fire Protection District, and WHEREAS, a proposed agreement has been reached by the Town Board of the Town of Queensbury with said Fire Company for fire protection for the Fire Protection District, and WHEREAS, said agreement between the Town and said Fire Company has been presented at this meeting, and WHEREAS, it appears that said proposed agreement is fair and reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Fire Protection District, hereby enters into said agreement with the North Queensbury Volunteer Fire Company, Inc., in the Town of Queensbury, in the form presented at this meeting, for fire protection for the Fire Protection District, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be and he is hereby authorized and directed to execute said agreement on behalf of the Town Board of the Town of Queensbury and the Fire Protection District. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INe. TO PROVIDE FIRE PROTECTION FOR THE QUEENSBURY FIRE PROTECTION DISTRICT RESOLUTION NO. 665, 95 INTRODUCED BY: Mr. Theodore Tumer WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District embracing all of the geographical territory of said Town, and WHEREAS, the Town has provided for fire protection therein by an individual agreement with the Queensbury Central Volunteer Fire Company, Inc., and WHEREAS, the present agreement between the Town of Queensbury and said Fire Company expires on December 31,1995, and WHEREAS, negotiations have been held between the Town Board of the Town of Queensbury and appropriate representatives of the said Fire Company relative to the new agreement with the Fire Company in said Fire Protection District, and WHEREAS, a proposed agreement has been reached by the Town Board of the Town of Queensbury with said Fire Company for fire protection for the Fire Protection District, and WHEREAS, said agreement between the Town and said Fire Company has been presented at this meeting, and WHEREAS, it appears that said proposed agreement is fair and reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Fire Protection District, hereby enters into said agreement with the Queensbury Central Volunteer Fire Company, Inc., in the Town of Queensbury, in the form presented at this meeting, for fire protection for the Fire Protection District, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be and he is hereby authorized and directed to execute said agreement on behalf of the Town Board of the Town of Queensbury and the Fire Protection District. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Champagne NOES : None ABSENT: None RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. TO PROVIDE FIRE PROTECTION FOR THE QUEENSBURY FIRE PROTECTION DISTRICT RESOLUTION NO. 666, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District embracing all of the geographical territory of said Town, and WHEREAS, the Town has provided for fire protection therein by an individual agreement with the South Queensbury Volunteer Fire Company, Inc., and WHEREAS, the present agreement between the Town of Queensbury and said Fire Company expires on December 31,1995, and WHEREAS, negotiations have been held between the Town Board of the Town of Queensbury and appropriate representatives of the said Fire Company relative to the new agreement with the Fire Company in said Fire Protection District, and WHEREAS, a proposed agreement has been reached by the Town Board of the Town of Queensbury with said Fire Company for fire protection for the Fire Protection District, and WHEREAS, said agreement between the Town and said Fire Company has been presented at this meeting, and WHEREAS, it appears that said proposed agreement is fair and reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Fire Protection District, hereby enters into said agreement with the South Queensbury Volunteer Fire Company, Inc., in the Town of Queensbury, in the form presented at this meeting, for fire protection for the Fire Protection District, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be and he is hereby authorized and directed to execute said agreement on behalf of the Town Board of the Town of Queensbury and the Fire Protection District. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INe. TO PROVIDE FIRE PROTECTION FOR THE QUEENSBURY FIRE PROTECTION DISTRICT RESOLUTION NO. 667, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District embracing all of the geographical territory of said Town, and WHEREAS, the Town has provided for fire protection therein by an individual agreement with the West Glens Falls Volunteer Fire Company, Inc., and WHEREAS, the present agreement between the Town of Queensbury and said Fire Company expires on December 31,1995, and WHEREAS, negotiations have been held between the Town Board of the Town of Queensbury and appropriate representatives of the said Fire Company relative to the new agreement with the Fire Company in said Fire Protection District, and WHEREAS, a proposed agreement has been reached by the Town Board of the Town of Queensbury with said Fire Company for fire protection for the Fire Protection District, and WHEREAS, said agreement between the Town and said Fire Company has been presented at this meeting, and WHEREAS, it appears that said proposed agreement is fair and reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Fire Protection District, hereby enters into said agreement with the West Glens Falls Volunteer Fire Company, Inc., in the Town of Queensbury, in the form presented at this meeting, for fire protection for the Fire Protection District, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be and he is hereby authorized and directed to execute said agreement on behalf of the Town Board of the Town of Queensbury and the Fire Protection District. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE BAY RIDGE RESCUE SQUAD, INC. TO PROVIDE AMBULANCE SERVICE FOR THE QUEENSBURY FIRE PROTECTION DISTRICT RESOLUTION NO. 668, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District embracing all of the geographical territory of said Town, and WHEREAS, the Town has provided for ambulance protection therein by an individual agreement with the Bay Ridge Rescue Squad, Inc., and WHEREAS, the present agreement between the Town of Queensbury and said Rescue Squad expires on December 31,1995, and WHEREAS, negotiations have been held between the Town Board of the Town of Queensbury and appropriate representatives of the said Rescue Squad relative to the new agreement with the Rescue Squad in said Fire Protection District, and WHEREAS, a proposed agreement has been reached by the Town Board of the Town of Queensbury with said Rescue Squad for ambulance service for the Fire Protection District, and WHEREAS, said agreement between the Town and said Rescue Squad has been presented at this meeting, and WHEREAS, it appears that said proposed agreement is fair and reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Fire Protection District, hereby enters into said agreement with the Bay Ridge Rescue Squad, Inc., in the Town of Queensbury, in the form presented at this meeting, for ambulance protection for the Fire Protection District, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be and he is hereby authorized and directed to execute said agreement on behalf of the Town Board of the Town of Queensbury and the Fire Protection District. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE NORTH QUEENSBURY RESCUE SQUAD, INC. TO PROVIDE AMBULANCE SERVICE FOR THE QUEENSBURY FIRE PROTECTION DISTRICT RESOLUTION NO. 669, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District embracing all of the geographical territory of said Town, and WHEREAS, the Town has provided for ambulance protection therein by an individual agreement with the North Queensbury Rescue Squad, Inc., and WHEREAS, the present agreement between the Town of Queensbury and said Rescue Squad expires on December 31,1995, and WHEREAS, negotiations have been held between the Town Board of the Town of Queensbury and appropriate representatives of the said Rescue Squad relative to the new agreement with the Rescue Squad in said Fire Protection District, and WHEREAS, a proposed agreement has been reached by the Town Board of the Town of Queensbury with said Rescue Squad for ambulance service for the Fire Protection District, and WHEREAS, said agreement between the Town and said Rescue Squad has been presented at this meeting, and WHEREAS, it appears that said proposed agreement is fair and reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Fire Protection District, hereby enters into said agreement with the North Queensbury Rescue Squad, Inc., in the Town of Queensbury, in the form presented at this meeting, for ambulance protection for the Fire Protection District, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be and he is hereby authorized and directed to execute said agreement on behalf of the Town Board of the Town of Queensbury and the Fire Protection District. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE WEST GLENS FALLS EMERGENCY SQUAD, INC. TO PROVIDE AMBULANCE SERVICE FOR THE QUEENSBURY FIRE PROTECTION DISTRICT RESOLUTION NO. 670, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Tumer WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District embracing all of the geographical territory of said Town, and WHEREAS, the Town has provided for ambulance protection therein by an individual agreement with the West Glens Falls Emergency Squad, Inc., and WHEREAS, the present agreement between the Town of Queensbury and said Emergency Squad expires on December 31,1995, and WHEREAS, negotiations have been held between the Town Board of the Town of Queensbury and appropriate representatives of the said Emergency Squad relative to the new agreement with the Emergency Squad in said Fire Protection District, and WHEREAS, a proposed agreement has been reached by the Town Board of the Town of Queensbury with said Emergency Squad for ambulance service for the Fire Protection District, and WHEREAS, said agreement between the Town and said Emergency Squad has been presented at this meeting, and WHEREAS, it appears that said proposed agreement is fair and reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Fire Protection District, hereby enters into said agreement with the West Glens Falls Emergency Squad, Inc., in the Town of Queensbury, in the form presented at this meeting, for ambulance protection for the Fire Protection District, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be and he is hereby authorized and directed to execute said agreement on behalf of the Town Board of the Town of Queensbury and the Fire Protection District. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne NOES : None ABSENT: None ABSTAIN: Mrs. Goedert RESOLUTION TO SET SALARIES RESOLUTION NO. 671, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the following salaries are set for 1996: Account Clerk - Accounting - $22,001 Asst. Code Enforcement Officer - 2 - $23,500 Asst. Code Enforcement Officer - 1 - $24,931 Cemetery Superintendent - $33,207 Chief Operator - Water Treatment Plant - $40,350 Code Compliance Officer - $32,960 Comptroller - $43,500 Confidential Secretary - Supervisor - $26,523 Legal Secretary - $26,780 Legal Secretary - Part Time - $17,510 Confidential Secretary, Highway - $23,175 Court Clerk - $27,230 Data Collector - Assessor's Office - $20,721 Deputy Court Clerk - 1 - $25,487 Deputy Court Clerk - 2 - $19,627 Deputy Director of Waste Water - $37,705 Deputy Receiver of Taxes - $22,145 Deputy Highway Superintendent - $41,655 Deputy Town Clerk - 1 - $28,114 Deputy Town Clerk - 2 - $22,279 Deputy Water Superintendent - $51,327 Director of Building & Codes - $38,298 Director of Parks & Recreation - $38,110 Executive Director Community Development - $44,133 Facilities Manager - $35,000 Fire Marshal - $29,569 Historian - $ 2,575 Maintenance Supervisor - Water Treatment Plant - $34,813 Planning Assistant - $26,780 Principal Account Clerk -Accounting - $31,255 Real Property Tax Service Assistant - $22,894 Recreation Program Specialist - $23,170 Records Clerk - $22,619 Senior Coordinator - $22,660 Solid Waste Facilities Operator - $37,750 Senior Account Clerk - Accounting - $23,832 Town Assessor - $48,233 Town Attorney - $79,451 Water Superintendent/Director of Waste Water - $54,075 and BE IT FURTHER, RESOLVED, that the following wage rates are set for 1996: Assistant to the Assessor - $ 9.06 Real Property Tax Service Assistant - $11.02 Senior Account Clerk - Town Clerk - $ 9.64 and BE IT FURTHER, RESOLVED, that the daily rates for Crossing Guards and Court Attendant for the Town of Queensbury be established as follows: School Crossing Guard: $21 per day for normal school hours, plus $ 7.70 per hour for hours worked over 2 hours per day Court Attendant: $ 9.56 per hour $16.48 per hour paper serving and BE IT FURTHER, RESOLVED, that the fees for members of the Planning Board and Zoning Board of Appeals be set for the year 1996 as follows, per meeting: Chair: 40. Member: 30. per meeting; and BE IT FURTHER, RESOLVED, that the salaries for the Chair, Secretaries, and Members shall come from the Town's General Budget and from the accounts designated therein for such purposes. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None ABSTAIN: Mr. Tumer for Deputy Town Clerk 2 and Asst. Code Enforcement Officer 1 RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO. 672, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, certain departments have requested transfers of funds for the 1995 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1995 budget: ATTORNEY: FROM: TO: $ AMOUNT: 01-1420-4090 01-1420-4130 200. (Conference Expense) (Legal Services) 01-1420-4140 01-1420-4130 300. (Travel) (Legal Services) ASSESSMENT: FROM: TO: $ AMOUNT: 01-1355-4080 01-1355-2010 90. (Advertisement) (Office Equipment) BUILDING & GROUNDS: FROM: TO: $ AMOUNT: 01-1620-1400 01-1620-4110-0022 1,300. (Laborer A) (Vehicle Repair & Maintenance) WATER: FROM: TO: $ AMOUNT: 40-1990-1002 40-8330-4285 2,000. (Misc. Payroll) (Soda Ash) and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION ADOPTING SUBSTANCE-FREE WORKPLACE POLICY AND SUBSTANCE TESTING POLICY RESOLUTION NO. 673, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of adopting a Substance-Free Workplace Policy and a Substance Testing Policy, in accordance with and in compliance with the Omnibus Transportation Employee Test Act of 1991 and the Drug-Free Workplace Act of 1988, and WHEREAS, a Substance-Free Workplace Policy and Substance Testing Policy has been presented at this meeting, and WHEREAS, the aforementioned policies have been the subject of negotiation with the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, for the Town of Queensbury and said Collective Bargaining Unit has agreed to the Policy, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the Substance-Free Workplace Policy and Substance Testing Policy presented at this meeting and hereby further authorizes the Town Supervisor to take such steps as may be necessary to fully implement the policy with authority to sign said documents as may be appropriate to implement said policy. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR MICHAEL 1. V ASILIOU, INC. TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 674, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain property lying and existing within the Town of Queensbury and bearing Tax Map identification numbers 73-1-23, 73-1-22.1, 73-1-22.3, 73-1-22.4, 73-1-22.5, 73-1-22.6, 73-1-22.7 and a portion of73-1-21 is located in the vicinity of Aviation Road and the Queensbury Union Free School and is currently zoned RR-3A (Rural Residential - 3 Acres), and WHEREAS, Michael 1. Vasiliou, Inc., hereinafter referred to as "Developer" has requested that the Town of Queensbury change or modify the zoning to allow the development of a multifaceted project, and WHEREAS, the Town Board of the Town of Queensbury feels that it would be appropriate to consider modification of the zone in the area to allow the project, provided that the same is zoned and in a configuration to be deemed appropriate by the Town Board and developed as a Planned Unit Development, in accordance with the provisions of the Town of Queensbury Zoning Ordinance, and WHEREAS, it is the Town Board's understanding that the Developer is willing to submit this project as a Planned Unit Development Project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby preliminarily determines that, assuming that development occurs as proposed, the same is worthwhile to consider, and the Town Board hereby authorizes and/or takes the following action: 1. that the proposal as identified above, be submitted to the Planning Board for input and comments from that Board; 2. that the Town Board of the Town of Queensbury hereby determines that it desires to be lead agency for purposes of the SEQRA review of the project; 3. that the Executive Director of the Office of Community Development be and hereby is authorized to submit a copy of this Resolution and the Application of the Developer, any appropriate maps, and the Long Environmental Assessment Form (Part 1 only, to be completed by the developer) presented at this meeting, to any involved agencies and request their consent that the Town Board of the Town of Queensbury be Lead Agency for purposes of review of the project. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE AND INSTALLATION OF GARAGE DOOR OPENERS RESOLUTION NO. 675, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Facilities Manager has requested a resolution of the Town Board authorizing the purchase and installation of garage door openers, the total cost of which for the 1995 year will not exceed $7,225., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Facilities Manager to purchase the garage door openers and arrange for the installation services indicated through Overhead Door Company and provided that the sum does not exceed the amount provided in this resolution, and BE IT FURTHER, RESOLVED, that the purchase and installation of the garage door openers shall be from Account No.: 01-5132- 4400. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING RESPONSES TO AUDIT FINDINGS RESOLUTION NO. 676, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury hired Urbach, Kalm & Werlin, P.e. to perform an independent audit of the financial statements of the Town of Queensbury for the year ended December 31, 1994, and WHEREAS, Urbach, Kalm & Werlin, P.e. issued their audit on December 26, 1995, and WHEREAS, the Town Comptroller has prepared responses to the auditors' findings and recommendations. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Town Comptroller's responses to Urbach, Kalm & Werlin, P.c.'s audit findings for the December 31, 1994 audit. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION TO ACCEPT BID FOR PURCHASE OF COPPER TUBING SERVICE CONNECTION MATERIALS RESOLUTION NO. 677, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Tumer WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the purchase of copper tubing service connection materials, as more specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Thomas K. Flaherty, Town Water Superintendent, has made recommendations in connection with the bids, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the copper tubing service connection materials, to Red Head Supply, and BE IT FURTHER, RESOLVED, that said items are to be paid for from the appropriate Water Department Account. Duly adopted this 27th day of December, 1995, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Tumer NOES : Mrs. Goedert, Mr. Champagne ABSENT: None Attorney Dusek noted for the board's information ... If you recall there was a decision rendered which I notified you about in the matter of Salvador versus Paul Naylor, Highway Superintendent. I do have the written decision from the court in that case that was obviously decided in favor of Paul and I will put a copy of it in your boxes for you in the event that you want to look at it. The court basically decided that there was no merit to the complaint that was filed. In addition to that, Judge Viscardi has also recently rendered a further decision in the matter of Dunham's Bay Road case that's been brought by Mr. Salvador and in that case they were seeking a motion to renew arguments which have been denied by the Judge. So, the town's position basically still being sustained. In that case, as things develop further I will certainly keep you apprized. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 678, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss the merits of certain companies and matters leading to the employment of same for msurance purposes. Duly adopted this 27th day of December, 1995, by the following vote: A YES: Mrs. Monahan, Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO ADJOURN RESOLUTION NO. 679, 95 INTRODUCED BY: Mr. Theodore Tumer WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 27th day of December, 1995, by the following vote: A YES: Mr. Tumer, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY