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2003-09-08 REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 REGULAR TOWN BOARD MEETING SEPTEMBER 8TH, 2003 7:05 P.M. 560 MTG#38 RES#390-410 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUINCILMAN DANIEL STEC COUNCILMAN TIM BREWER BOARD MEMBERS ABSENT COUNCILMAN THEODORE TURNER TOWN COUNSEL CATHIRADNER TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY W ASTEW A TER DIRECTOR, MIKE SHAW COMPTROLLER, HENRY HESS SUPERINTENDENT OF CEMETERIES, MIKE GENIER EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND Supervisor Brower-Opened meeting. PRESENTATIONS CRANDALL LIBRARY BUDGET DIRECTOR, CHRISTINE MC DONALD, PRESIDENT, DONNA FARRAR, DICK MERIILL, BEN PRATT REPRESENTING CRANDALL LIBRARY SUPERVISOR BROWER-The increase from the 2003 approved Budget is thirty one thousand four hundred dollars or a sixteen point five four percent. DONNA FARRAR-Pointed out to the board they held a public hearing at the library at the last Board Meeting for citizens to come into question the budget noting quite a few people attended after everything was presented no one had any questions. DIRECTOR, CHRISTINE MC DONALD-Reviewed budget presented to board members noting the increase for the Town of Queensbury is one point three cents per thousand. The Town of Queensbury's budget amount is thirty percent of the entire Crandall Public Library Budget. The municipal portion of our budget is fifty eight percent and the library raises the other forty two percent. Reviewed with the board and public the Income and Expenses of the library. After further review there was no public comment. MRS. FARRAR -Noted Queensbury's representation on the Library Board for 2003 changed due to the 2000 Census noting the Legislation required them to reevaluate the number of Trustees from each Municipality because of the 2000 REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 561 Census results Queensbury has one additional Trustee, Glens Falls lost one, Moreau stayed the same. LAKE GEORGE WATERSHED CONFERENCE DIRECTOR, DAVE DECKER MR. DECKER-Presented board members and public with a general information sheet regarding the conference. All of the Municipalities around the lake that make up the Watershed are members of the Conference. The Conference was born a couple years ago out of a Committee that was setup to update a 1987 Water Quality Plan. One of the recommendations was that the Committee. . . itself into a Conference making sure that it was not establishing another layer of government. The Conference meets monthly it includes not only the Local Municipalities, varies State Agencies including the Secretary of State, whose greetings I send tonight. He is the Chair of the Watershed Conference and he does convey his thanks especially to the Town of Queensbury. There is a new member that is not shown on your list it is the Lake George Lake Champlain Regional Planning Board they just came on in the last year. There are various Not-for-Profit Stakeholders as indicated. They are very passionate and active members of the Conference, without the participation of all the entities the Conference would have not been able to make the advances that it did. Reviewed with board and the public the packet noting that each year they receive funding from the State in terms of grants. Each year a different Municipality makes application on behalf of all the others. This particular year labeled Project Funding Award to Bolton Landing (2001), Bolton was the applicant that year. Again, it gives you an overview of the particular activities that were envisioned in that grant noting most of these are completed. The page talks about the Contract that the Town of Queensbury is actually acting as the host noting he was here last fall and gave a report of that. That actual contract was entered into and started January 1 st of this year. That Grant amount was in the amount of three hundred and fifteen thousand dollars of which there was a local match. Listed the major activities listed in the scope of the grant. They have a great amount of GIS Data and are in the process of establishing a database that will be make available to all the participants including your Town. It consists of Soils Map Data that has been digitized by the SUNY Environmental Science and Forestry School in Syracuse. We procured satellite imagery that imagery has been converted into digital files. It records all of the land-covered data that was generated in the satellite images. That database is being finalized and it will be turned over to all the various Municipalities this data will be available in mid October to all the members of the Conference. The big emphasis is on public education and public participation. One of the members the Lake George Association came up with a program called Drop A Brick Program noting this was a great tool. They invited volunteers around the lake to literally go out and tie a brick to their dock and let it hang there for the summer. This particular program was set up to monitor the Zebra Mussels to see if any adults settled or formed on these bricks. So when these are pulled out we'll have a good feel for whether or not we have seen anymore-adult Zebra Mussels colonies. As of earlier this spring the. . . Water Institute indicated that they had not seen any additional adult colonies other than those that they had initially discovered in the Village. The last page called Appendix D this is actually the work plan for the next contract. It was announced this past spring the applicant for that was the Town of Bolton. A couple of projects that are of interest to Queensbury in the scope of work were included work for projects on Assembly Point and Pilot Knob Roads. The projects were identified a couple of years ago and are in part a product of a report that you had commissioned for you entitled Draft Stormwater Management Plan for portions of Lake George Watershed in the Town of Queensbury. Those projects will be REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 562 unfolding in the spring of next year when those funds are available. Earlier when you were going through the Open Space planning efforts a project was identified in that plan that would see a public access, canoe, kayak, interpretative education center in the Dunham's Bay marsh area in the northern part of the Town. The Conference appreciates and says thank you for all of the assistant that the Town Staff has provided. The contract we are currently operating under will probably last through calendar year 2004. In addition to the staff support we thank and appreciate the financial contribution that has been made in terms of the match. As you know each one of the municipalities each year is asked to contribute an amount of seven thousand dollars as part of the local match. I come here tonight to ask you to consider that same amount in this year's budget as you go through that process in keeping with previous years. SUPERVISOR BROWER-Questioned if the Conference is taking a position on the milfoil issue? MR. DECKER-The Conference per se is not in itself as an entity. Sonar is one of many management alternatives that are available. It is not a solution in and of itself. It is a solution and is applicable to be used in certain areas for milfoil managements. Hand pulling and harvesting of milfoil as currently undertaking will not go away. The placement of mats that cover dense milfoil fields will not go away. They are all management tools that will be used and advanced as we go forward. SUPERVISOR BROWER-Thanked Mr. Decker for his continued efforts. CORRESPONDENCE DEPUTY TOWN CLERK, O'BRIEN-Landfill Monthly Report on file in Town Clerk's Office for month of August. INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 390, 2003 INTRODUCED BY: MR. ROGER BOOR WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. TIM BREWER RESOL VED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss personnel. Duly adopted this 8th day of September, 2003, by the following vote: Ayes: Mr. Boor, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentMr. Turner REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 563 RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 391, 2003 INTRODUCED BY: MR. ROGER BOOR WHO MOVED FOR ADOPTION SECONDED BY: MR. TIM BREWER RESOL VED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 8th day of September, 2003, by the following vote: Ayes: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor Noes: None AbsentMr. Turner OPEN FORUM 7:45 P.M. MR. JOHN STROUGH-Spoke to the board regarding and article Untangle the Web put out by the Center for Technology and Government, University at Albany noting the Town of Queensbury is mentioned several times as having a good Website. Complimented the Information Technology Department for doing a great job with the Town of Queensbury's Website and the Town Board for providing their support for this. MR. PLINEY TUCKER, 41 DIVISION ROAD-Spoke to the board regarding the Resolution Authorizing Loan and Transfer of General Funds of the Town of Queensbury to Temporarily Advance Funds to Pay a Shore Colony Water District Bond Anticipation Note While Waiting for EFC Financing. Questioned if the financing is guaranteed? COMPTROLLER, MR. HESS-Two years ago Shore Colony Water District underwent a capital project it's not a district that has a surplus. We went and borrowed the money on a bond anticipation note pending that one-day we would turn it into permanent long-term bonds. A couple years have gone by we have reduced those and its time to turn them into long-term bonds. What we intend to do is to combine it with another water project we're going to finance. In order to recast the BAN for one year it's very expensive the interest to cast it for less than that is very expensive there is a two-month gap that we have to cover. What the board is going to entertain is letting the Queensbury Consolidated Water Fund lend the money to Shore Colony Water District payoff the BAN and in two months later it will be repaid from the new bond issued noting it is a sure thing. BARBARA BENNETT, DIXON ROAD-Spoke to the board regarding Resolution Setting Forth Authorizations for Check Signing. Questioned if all the banks that the Town deals with should be mentioned in the resolution? COMPTROLLER, MR. HESS-Noted at the beginning of the year a resolution was passed that included all the banks that the Town deals with noting he feels the resolution as written is sufficient. REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 564 SUPERVISOR BROWER-Noted Evergreen was the principal financial bank until Comptroller Hess did a bid and had a rating process noting Glens Falls National scored the highest and was recommended to us as the principal Bank. Asked Comptroller Hess to explain why the Town keeps balances in other banks. COMPTROLLER, MR. HESS-The contract we're entering into with Glens Falls National Bank is similar to the one we've had with Evergreen Bank. It pretty much covers our normal operating accounts. It does give us the flexibility to either provide some extra funds, some excess funds, and non-operating accounts. To provide compensating balances to other banks that lend us money on a short-term basis for other services they provide, and sometimes because maybe a CD interest rate is higher. We keep a stable of five or six banks to do two things. To keep them competitive and to give us more access to better banking services when something unique arises. OPEN FORUM CLOSED RESOLUTIONS RESOLUTION AUTHORIZING PLACEMENT OF PROPOSITIONS ON BALLOT REGARDING CRANDALL PUBLIC LIBRARY DISTRICT RESOLUTION NO.: 392,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Laws of 1992, Chapter 456 authorized the establishment of the Crandall Public Library District for the City of Glens Falls in Warren County, the Town of Moreau in Saratoga County and the Town of Queensbury in Warren County, and WHEREAS, this legislation provides and the Board of Trustees of Crandall Public Library has authorized that the propositions relating to the Crandall Public Library District be placed on the ballot at the General Election to be held on November 4th, 2003, and WHEREAS, the propositions to be determined are as follows: 1. Whether the annual budget for 2004 as proposed by the Board of Trustees of the Crandall Public Library shall be approved or disapproved; and 2. The election of three (3) trustees from the Town of Queensbury to the Crandall Public Library District Board; and WHEREAS, the Crandall Public Library Board of Trustees has requested that the Town of Queensbury adopt a Resolution authorizing placement of these propositions on the ballot of the November 4th, 2003 General Election for the voters' approval or disapproval, REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 565 NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves and authorizes the following two (2) propositions pertaining to the Crandall Public Library District and requests that they be placed on the ballot in all Town of Queensbury voting locations on the General Election Day, Tuesday, November 4th, 2003: [1] BUDGET The proposed 2004 budget of the Crandall Public Library District is $2,179,846 to be partially funded by the municipalities comprising the District. The share of the proposed budget to be raised by an ad valorem assessment upon the real property within the Town of Queensbury is $655,671. Shall the proposed budget be approved? [2] TRUSTEES TO BE ELECTED For three (3) vacancies upon the Board of Trustees of the Crandall Public Library District representing the Town of Queensbury to serve a term of five (5) years. Vote for three: Richard Merrill Dale Nemer Benjamin Pratt and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to transmit a certified copy of the text of the propositions to the Board of Elections or other appropriate officials. Duly adopted this 8th day of September, 2003, by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Stec NOES: None ABSENT: Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2004 RESOLUTION NO. 393, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 566 WHEREAS, the Queensbury Town Board wishes to adopt the proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2004 as presented at this meeting, and WHEREAS, the Town Board must conduct a public hearing prior to its adoption, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on September 22nd, 2003 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2004, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the official newspaper for the Town not less than ten (10) days prior to the hearing date and also mail a copy of the Notice to all property owners within the Benefit Assessment District. Duly adopted this 8th day of September, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Stec, Mr. Brewer NOES: None ABSENT: Mr. Turner RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #4300 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 394, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 4639, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to four (4) qualified contractors for bid, and REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 567 WHEREAS, the low bid cost to complete the work specified is thirty-two thousand four hundred ninety-five dollars ($32,495), and WHEREAS, the property owner, Case File No.: 4300, is contributing a minimum two- thousand four-hundred ninety-five dollars ($2,495) of personal resources towards the project, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant which is in excess of the grant maximum as an eligible use of program funds, after having exhausted all other approaches to reduce the overall cost to less than the grant maximum and maintain the program objective of improved standards ofliving for program participants, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 4300 in the Town of Queensbury, New York in the amount not to exceed Thirty thousand dollars ($30,000) and authorizes and directs either the Town Supervisor or Town Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of September, 2003, by the following vote: AYES: Mr. Boor, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR APPLICANTS MICHAEL AND KIM RYAN, WILLIAM HERMANCE AND JOSEPH SA VILLE RESOLUTION NO.: 395,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with Queensbury Town Code 9113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Michael and Kim Ryan, William Hermance and Joseph Saville have filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to replace Mr. REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 568 and Mrs. Ryan's existing 1967 mobile home with a new mobile home, and place the new mobile home on the lot presently owned by Mr. and Mrs. Ryan which lot will soon be combined with a neighboring lot owned by Mr. Hermance and a neighboring lot owned by Mr. Saville which lots Mr. and Mrs. Ryan are in the process of purchasing, and WHEREAS, such property is located at 34 Feld Avenue, Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on September 22nd, 2003 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Michael and Kim Ryan's application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit concerning property situated at 34 Feld Avenue, Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing as required by law. Duly adopted this 8th day of September, 2003, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES: None ABSENT:Mr. Turner RESOLUTION SETTING FORTH AUTHORIZATIONS FOR CHECK SIGNING RESOLUTION NO.: 396,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 6,2003, the Queensbury Town Board authorized certain Town banking transactions and internet-based banking services and designated certain banks as approved Depositories of Town funds, and WHEREAS, by Resolution No.: 354,2003, the Town Board authorized an Agreement with Glens Falls National Bank and Trust Company to serve as the Town's primary depository, and WHEREAS, upon review of these Resolutions as well as the signature cards and sample facsimile signatures Resolution submitted to the Town from Glens Falls National Bank and Trust REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 569 Company, the Town Comptroller has recommended that the Town Board adopt a Resolution clearly setting forth its authorizations for check signing, and WHEREAS, the Town Board concurs with the Town Comptroller's recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the following actions which will apply to the Town of Queensbury's transactions with Glens Falls National Bank and Trust Company as well as other depository banks: 1. Checks, drafts and electronic transfer of funds from depository accounts maintained by the Town in any commercial financial institution may be disbursed and/or withdrawn by any two of the following authorized signatories: Town Supervisor; Town Comptroller; Deputy Town Supervisor. 2. Only checks in amounts less than $10,000 may be issued with facsimile signatures of the Town Supervisor and Town Comptroller. The Town Comptroller shall maintain control of the means of affixing facsimile signatures and shall determine the rules and procedures for signing of checks manually or by facsimile. 3. The Town's indemnification of depository banks shall be limited to the Town's safekeeping of the electronic and/or mechanical means by which facsimile signatures are affixed to checks. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to sign any other documentation and take all action necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of September, 2003, by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Stec NOES: None ABSENT:Mr. Turner RESOLUTION INCREASING APPROPRIATIONS AND ESTIMATED REVENUES AND AMENDING 2003 TOWN BUDGET TO ACCOMMODATE REIMBURSED ENGINEERING SERVICES REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 RESOLUTION NO.: 397,2003 570 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, there is a need to amend the 2003 Budget to address the additional amount of reimbursed engineering services to be expended for the remainder of the 2003 fiscal year, and WHEREAS, the Planning Department has requested a budget amendment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs amendment of the Town's 2003 Budget as follows: 1) Increase Estimated Revenues in Account #001-0001-2116 (Technical Assistance) by the amount of$15,000; and 2) Increase Appropriations in Account #001-8020-4711 (Planning - Reimbursable Engineering Services) by the amount of$15,000; and BE IT FURTHER, RESOLVED, that the Town Board further approves, authorizes and directs the Town Comptroller's Office to make any necessary adjustments, transfers or prepare any documentation necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of September, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES: None ABSENT:Mr. Turner RESOLUTION AUTHORIZING REPAIRS TO LOADER AT TOWN LANDFILL RESOLUTION NO.: 398,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 571 WHEREAS, the Town's Solid Waste Facilities Manager has advised the Town Board that a Loader at the Landfill was in need of repair and so he made arrangements for such repairs, and WHEREAS, the Solid Waste Facilities Manager is requesting Town Board approval for the materials bought and repairs made to the Loader by Contractor Sales for an amount not to exceed $24,929.90, and WHEREAS, there are insufficient funds available in the current operating budget of the Landfill Fund to cover the Loader repairs, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town's Solid Waste Facilities Manager obtaining the materials from and engaging the services of Contractor Sales to repair the Loader at the Landfill for an amount not to exceed $24,929.90 to be paid for from Account No.: 910-8160-4680, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes an increase in appropriations (910- 8160-4680) in the amount of $25,000 to be financed through additional appropriated fund balance (910-0910-0599), resulting in a current fund balance of $7,972 ($61,490 at the beginning of 2003, less $28,518 appropriated for the 2003 budget, and the remaining balance after additional appropriations), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Solid Waste Facilities Manager, Town Comptroller and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of September, 2003, by the following vote: AYES: Mr. Boor, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:Mr. Turner RESOLUTION AUTHORIZING PROMOTION OF HENRY MANNEY FROM MEO TO HEO AT PINE VIEW CEMETERY AND CREMATORIUM RESOLUTION NO. 399, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 572 WHEREAS, the Town of Queensbury Cemetery Commission and Cemetery Superintendent have recommended that the Town Board authorize the promotion of Henry Manney from Medium Equipment Operator (MEO) to Heavy Equipment Operator (HEO) at the Pine View Cemetery and Crematorium, and WHEREAS, the Cemetery Superintendent has advised that Mr. Manney has met the qualifications for the position and has the required job experience, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Henry Manney from Medium Equipment Operator (MEO) to Heavy Equipment Operator (HEO) at the Pine View Cemetery and Crematorium effective September 9th, 2003 at the rate of pay specified in the Town's CSEA Union Agreement for the position for the year 2003, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of September, 2003 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES: None ABSENT:Mr. Turner RESOLUTION AUTHORIZING LOAN AND TRANSFER OF GENERAL FUNDS OF THE TOWN OF QUEENSBURY TO TEMPORARILY ADVANCE FUNDS TO PAY A SHORE COLONY WATER DISTRICT BOND ANTICIPATION NOTE WHILE WAITING FOR FINANCING DISCUSSION HELD REGARDING RESOLUTION BOARD TO VOTE LATER IN MEETING RESOLUTION AUTHORIZING 5K RUNIW ALK TO BENEFIT ASHLEE KELLY'S LIVER TRANSPLANT RESOLUTION NO. 400 , 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 573 WHEREAS, the Childrens' Organ Transplant Association and the Adirondack Runners Club have requested authorization from the Queensbury Town Board to conduct a 5K Run/Walk to benefit two-year old Ashlee Kelly's liver transplant as follows: SPONSOR Childrens' Organ Transplant Association and the Adirondack Runners Club EVENT 5K Run/W alk to benefit Ashlee Kelly DATE Sunday, November 2nd, 2003 TIME 9:30 a.m. PLACE Beginning and ending at Hiland Golf Club on Haviland Road (Letter delineating course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Childrens' Organ Transplant Association and the Adirondack Runners Club to conduct the 5K Run/Walk to benefit Ashlee Kelly within the Town of Queensbury on Sunday, November 2nd, 2003, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 8th day of September, 2003, by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Stec NOES: None ABSENT:Mr. Turner RESOLUTION AUTHORIZING LOAN AND TRANSFER OF GENERAL FUNDS OF THE TOWN OF QUEENSBURY TO TEMPORARILY ADVANCE FUNDS TO PAY A SHORE COLONY WATER DISTRICT BOND ANTICIPATION NOTE WHILE WAITING FOR FINANCING RESOLUTION NO.: 401,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 574 SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury (Town) established the Shore Colony Water District (District) in accordance with New York State Town Law, and WHEREAS, the Town passed a Bond Resolution in the past authorizing the issuance of Bonds and/or Bond Anticipation Notes (BANS) in an amount not to exceed $170,000 for the purpose of making capital improvements to the District, and WHEREAS, on September 11, 2002, the Town Supervisor, as Chief Fiscal Officer, issued a BAN having a $136,000 principal balance, and WHEREAS, this BAN will come due on September 10th, 2003 and needs to be paid, and WHEREAS, the Town is in the midst of obtaining permanent financing which will occur shortly, before the end of the year, and WHEREAS, due to this delay in obtaining permanent financing, the BAN needs to be paid before receipt of proceeds of the issuance of the Bonds or bond anticipation notes, and WHEREAS, the Town has funds in General Fund Balance, various Reserves and Capital Projects which may be used only for certain purposes, but which are not immediately required for such purposes and which the Town Board wishes to temporarily use for the Project until such time as financing is obtained, NOW, THEREFORE, BE IT RESOLVED, that, in accordance with Local Finance Law 9165.10, the Queensbury Town Board hereby authorizes and directs the transfer of no more than $130,333.33 from the General Fund Balance or a Reserve or Capital Project to the Shore Colony Water District Capital Project Account to payoff the Bond Anticipation Note provided, however, that the transfer is made as a short term, no interest loan which shall be repaid from proceeds of the bonds or bond anticipation notes issued pursuant to the Bond Resolution as soon as such financing occurs and that such repayment will take place during 2003, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to take any and all actions necessary to effect the terms of this Resolution. REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 Duly adopted this 8th day of September, by the following vote: 575 AYES : Mr. Brower, Mr. Boor, Mr. Stec, Mr. Brewer NOES : None ABSENT:Mr. Turner RESOLUTION AUTHORIZING ESTABLISHMENT OF SPAYINEUTER PROGRAM FOR TOWN OF QUEENSBURY RESOLUTION NO.: 402, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, municipalities are authorized under Article 7 of the New York State Agriculture and Markets Law 9117 to provide for the establishment and operation of facilities to provide spay and neutering of dogs and cats owned by the residents of the municipality, and WHEREAS, overpopulation of dogs and cats, including the population of unwanted and stray dogs and cats, poses a potential threat to public health and safety, and WHEREAS, as set forth in Agriculture and Markets Law 9377-a, the New York State Legislature has specifically found that the uncontrolled breeding of dogs and cats results in an overabundance of puppies and kittens and that there are more puppies and kittens than responsible homes for them can be provided, leading to the animals becoming stray and suffering starvation and death, being impounded and destroyed at great expense to the community and constituting a public nuisance and health hazard and it has been declared to be the public policy of New York State that every feasible humane means of reducing the production of unwanted puppies and kittens be encouraged, and WHEREAS, the Town of Queensbury' s Animal Control Officer and Executive Director of Community Development have recommended to the Town Board that the Town fund a Spay/Neuter Program to reduce overpopulation of dogs and cats and to allow for the low cost spay and neutering of animals owned by Town residents, and WHEREAS, the Town Animal Control Officer and Executive Director of Community Development have recommended to the Town Board that $2,871.21 of the funds now contained in the general account, which funds may include fees raised from licensing and/or from fines imposed for violations of animal control laws, be applied to this Program, and WHEREAS, the SPCA of Upstate New York has indicated a desire and willingness to work with the Town to establish such a Spay/Neuter Program, and REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 576 WHEREAS, the SPCA of Upstate New York has indicated a willingness to provide veterinary services at a charge of not more than $50 per animal, and WHEREAS, more than 40 animals in the Town could likely be spayed or neutered under such a Program, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the establishment of a Spay/Neuter Program for a one year period and $2,871.21 from the Town's General Fund shall be devoted to off-setting the cost of the Spay/Neuter Program, and BE IT FURTHER, RESOLVED, that pet owners will be required to pay $5 of the total charge for spaying and neutering their pets under this Program and the Town will pay the remaining expense from these funds, and BE IT FURTHER, RESOLVED, that participation in the Spay/Neuter Program shall be limited to pets of Town residents; and BE IT FURTHER, RESOLVED, that Program participants will be required to sign a waiver indicating their understanding of the risks to their animal and their agreement that neither the Town, the SPCA of Upstate New York, nor the veterinarian who performs the service will have any liability for damage or injury to the animal, and BE IT FURTHER, RESOLVED, that participants will be required to license any dogs that are unlicensed as a condition of participating in the Program, and BE IT FURTHER, RESOLVED, that this Program will not entitle any Town resident to have any animal spayed or neutered as participating veterinarians will make the final determination of whether an animal is a good candidate for the procedure and will have the right to refuse to spay or neuter any animal and when funds dedicated to this procedure have been exhausted, there may not be additional funds available to continue the Program, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 577 RESOLVED, that the Town Board authorizes and directs the Town Animal Control Officer to take the steps necessary to enter into an agreement with the SPCA of Upstate New York, to create an appropriate waiver form, and to alert the public to the availability of this Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Executive Director of Community Development and/or Town Supervisor to execute an appropriate agreement with the SPCA of Upstate New York, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Comptroller and Town Counsel to take such action as necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of September, 2003, by the following vote: AYES: Mr. Boor, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:Mr. Turner RESOLUTION ACCEPTING RESIGNATION OF COLLEEN KIMBLE, ANIMAL CONTROL OFFICER RESOLUTION NO.: 403,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Colleen Kimble, Town of Queensbury Animal Control Officer, has submitted her resignation effective September 20,2003, and WHEREAS, Ms. Kimble has worked for the Town of Queensbury for nearly 10 years and has consistently performed a difficult job in a professional manner that has reflected positively on the Town, and WHEREAS, Ms. Kimble was dedicated to the public and the animals she came in contact with during her years of public service, and WHEREAS, the Town Board wishes to acknowledge Ms. Kimble's years of service to the Town of Queensbury and accept her resignation, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 578 RESOLVED, that the Queensbury Town Board hereby accepts with regret the resignation of Town Animal Control Officer, Colleen Kimble, effective September 20th, 2003 and wishes Ms. Kimble the best of luck and good health, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Executive Director of Community Development, Town Supervisor and/or Town Comptroller's Office to prepare and sign such documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of September, 2003, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES: None ABSENT:Mr. Turner DISCUSSION HELD SUPERVISOR BROWER-Noted that Ms. Kimble has done a wonderful job on behalf of the Town of Queensbury and its citizens in picking up dead animals from the road, complaints from barking dogs, etc. DIRECTOR OF COMMUNITY DEVELOPMENT, MR. ROUND-Noted Ms. Kimble has been with the Town ten years noting the changes in the Town and growth in the animals noting the Town has been fortunate to have Colleen with all of her expertise. RESOLUTION AUTHORIZING APPOINTMENT OF JOSEPH LOMBARDI AS ANIMAL CONTROL OFFICER RESOLUTION NO.: 404,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by prior Resolution the Queensbury Town Board accepted the resignation of Colleen Kimble, Town Animal Control Officer, effective September 20th, 2003, and WHEREAS, the Executive Director of Community Development posted availability and advertised for candidates for the position, reviewed resumes and interviewed candidates, and WHEREAS, the Executive Director of Community Development has recommended that the Town Board authorize the provisional employment of Joseph Lombardi as Town Animal Control Officer, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 579 RESOLVED, that the Queensbury Town Board hereby appoints Joseph Lombardi as Town Animal Control Officer provided that Mr. Lombardi completes the pre-employment physical as required by Town Policy, and BE IT FURTHER, RESOLVED, that Mr. Lombardi's appointment shall be effective September 15th, 2003 and shall be on a provisional basis and shall require Mr. Lombardi to meet the Civil Service requirements for the position, including passing and scoring within the top three of those willing to accept the position on the next competitive exam for the position and also subject to successful completion of a six (6) month probation period, and BE IT FURTHER, RESOLVED, that Mr. Lombardi shall be paid at the rate of pay delineated for the position in the Town's Agreement with CSEA to be paid from the appropriate payroll account, and BE IT FURTHER, RESOL VED, that the Town Board further authorizes and directs the Executive Director of Community Development, Town Comptroller and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of September, 2003, by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Stec NOES: None ABSENT :Mr. Turner RESOLUTION TO AMEND 2003 BUDGET RESOLUTION NO.: 405,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2003 Town Budget as follows: REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 580 CEMETERY: FROM: TO: $ AMOUNT: 02-8810-1440 02-8810-4800 1,000. (Heavy Equipment Operator) (Equip. Repair-Service & Supplies) COMPTROLLER: FROM: TO: $ AMOUNT: 01-1990-4400 01-1315-2001 2,750. (Misc. Equipment) COURT: FROM: TO: $ AMOUNT: 001-1110-4070 001-1110-2010 1,000. (Office Equipment) 001-1110-4330 001-1110-2010 1,500. (Equipment Maintenance) (Office Equipment) PARKS & RECREATION: FROM: TO: $ AMOUNT: 001- 7020-1002 (Misc. Payroll) 001-7110-4140 (Mileage Reimbursement) 150. 001- 7020-1002 (Misc. Payroll) 001- 711 0-4400 (Misc. Contractual) 4,000. 001- 7020-1002 (Misc. Payroll) 001-7110-4810 (Equipment Rental) 1,000. Duly adopted this 8th day of September, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Stec, Mr. Brewer NOES: None ABSENT:Mr. Turner RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BID FOR CONTRACT 2 IN CONNECTION WITH CREATION OF ROUTE 9 SEWER DISTRICT RESOLUTION NO. 406, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 581 WHEREAS, by Resolution No.: 444,2002, the Queensbury Town Board authorized engagement of c.T. Male Associates, P.c. (C.T. Male) for design, contract administration and construction observation services in connection with the creation of the Route 9 Sewer District, and WHEREAS, by Town Board Resolution No.: 113,2003 the Town Board adopted its Final Order approving creation of the Route 9 Sewer District, and WHEREAS, C.T. Male prepared bid documents and specifications to advertise for bids for Contract 1 of the Route 9 Sewer Project and by Resolution No.: 379,2003, the Town Board awarded the bid for Contract 1 to Trinity Construction, and WHEREAS, C.T. Male prepared bid documents and specifications to advertise for bids for Contracts 2 and 3 of the Route 9 Sewer Project and by Resolution No.: 345,2003, the Town Board authorized the advertisement for bids for Contracts 2 and 3, and WHEREAS, Contract 2 will generally provide sewer service along both sides of US Route 9 from Kendrick Road north to the Coach House Restaurant and more specifically will include installation of approximately 10,780 lineal feet of 14" thru 8" gravity sewer, 4950 lineal feet of 12" force main, 49 manholes, five road crossings of US Route 9 and a sewage pumping station with an associated building, odor/corrosion control facilities and a standby generator, and WHEREAS, the project has been bid with a general contract, an electrical contract and a plumbing contract in accordance with the provisions of the Wicks Law, and WHEREAS, the Town Clerk and C.T. Male duly followed the proper procedures for bidding such work on behalf of the Town, and WHEREAS, the Town Clerk duly received and the Acting Purchasing Agent duly opened all bids, and WHEREAS, C.T. Male and the Town's Deputy Wastewater Director have recommended that the Town Board authorize awarding of the bids for Contract NO.2 to the lowest responsible bidder(s) as follows: Contract Lowest Responsible Bidder Bid Amount Contract 2G- General Construction Delaney Construction Corp. $2,033,271.18 Contract 2P- Pump Station Plumbing RF Gordon Mechanical, Inc. $ 47,450.00 Contract 2E- Pump Station Electrical Harold R. Clune, Inc. $ 66,890.00 Total for Contract 2: $2,147,611.18 REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 NOW, THEREFORE, BE IT 582 RESOLVED, that the Queensbury Town Board hereby accepts and awards the bids for Contract No. 2 in connection with the creation of the Route 9 Sewer District from the lowest responsible bidders as follows: Contract Lowest Responsible Bidder Bid Amount Contract 2G- General Construction Delaney Construction Corp. $2,033,271.18 Contract 2P- Pump Station Plumbing RF Gordon Mechanical, Inc. $ 47,450.00 Contract 2E- Pump Station Electrical Harold R. Clune, Inc. $ 66,890.00 Total for Contract 2: $2,147,611.18 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute a contract in form acceptable to the Town Supervisor, Deputy Director of Wastewater, Town Comptroller and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes an additional appropriation of $5,000 for construction contingencies for each Contract (2G, 2P and 2E), not to include fees for engineering or inspection services, all such contingency services to be pre-approved in accordance with the Town's Purchasing Policy, and BE IT FURTHER, RESOLVED, that, upon completion of such work, the Town Board further authorizes payment for these services with such amounts to be paid from the appropriate Route 9 Sewer District Capital Project #136 Account(s), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Acting Purchasing Agent, Wastewater Director, Deputy Director of Wastewater, Town Counsel and/or Town Comptroller to take any and all action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 Duly adopted this 8th day of September, 2003, by the following vote: 583 AYES: Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES: None ABSENT:Mr. Turner ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE TOWN BOARD DISCUSSIONS COUNCILMA N BOOR-Received phone call from constituent with concern with the status of Route 149 if improvements are still going to be made. Spoke with Director of Community Development; Mr. Round noting it appears in 2004 they will start talking about land acquisition easements and actual construction of the next phase not until 2006. DIRECTOR OF COMMUNITY DEVELOPMENT, MR. ROUND-Adirondack Glens Falls Transportation Council asked for a local meeting of the 1-87 Multi- Corridor Study that is sponsored by Congressman Sweeney. It is designed to focus on transportation improvements towards economic development efforts. A lot of the discussions in the papers over the last several years are focused on the trade corridor between New York and Montreal and the border crossing improvements at Plattsburgh and Montreal. More recently the Sema- Tex initiatives and the need for transportation in the Capital District noting we're on the fringe of both of these major developments so a meeting was conducted last week and we raised these issues. There are several secondary corridors that are connecting our major interchanges in the north country to outlying communities noting Route 149 is one of those major avenues that connects us to Washington County and to Vermont so we need to make sure that those investments are being made. Hopefully you are bringing the focus to this particular issue and our efforts to keep in on the radar screen will be a big benefit. COUNCILMAN BOOR-Questioned whom does one write to when they want to keep this going DOT? DIRECTOR OF COMMUNITY DEVELOPMENT, MR. ROUND-The Capital Projects are programmed locally through the Adirondack Glens Falls Transportation Council. I think you need to write to the Supervisor of your Town, but also copy the State Department of Transportation Traffic and Planning Department. COUNCILMAN STEC-Spoke to the board regarding phone calls he has received regarding speed and traffic safety on West Mountain Road near the intersection of Bonner Drive and Mountain View Lane. Noted the board has looked at this before asked for consideration from the Warren County Sheriff s Department. Asked Supervisor Brower to ask the Sheriff Department for help in this matter. SUPERVISOR BROWER-Read letter into record that was faxed to his office from British Columbia, Canada regarding resident from the Town of Queensbury. Noted that on August 29th, 2003 a small three year old girl fell into the City of Victoria's inner Harbor noting her father jumped in after her noting neither one of them could swim. Two people jumped in fully clothed to rescue them noting one REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 584 of them a resident of the Town of Queensbury, Mr. John Kubricky who was returning home from an Alaska Cruise noting he is a hero. Spoke to the board regarding the Bed Tax Committee Meeting held at Warren County noting they met and had a quorum. Three members of the Committee were missing at that quorum it was determined that a four percent bed tax should be recommended to the full Board of Supervisors for this coming months Board Meeting. Unfortunately they held another meeting today noting one the Supervisors that was absent at the previous meeting made a proposal to rescind the previous resolution which did occur on a four to three vote and move for a two percent bed tax in the place of the four percent bed tax. A two percent bed tax was never talked about the lowest number ever talked about at any meeting was three percent. Three and a half and four percent mainly four percent is the only number we've talked about for many months. Noted his concern that a two percent bed tax would not be successful. They want to improve the amount of tourism promotion we were doing and eventually eliminate the one million dollar subsidy that the County pays for tourism promotion currently. Believes there will be opposition at the Board Meeting doesn't believe two percent will go forward doesn't believe they have the votes. Spoke to the board Town Historian; Marilyn Van Dyke reported that she has the sign for the Blind Rock location, which the County has agreed to install on Route 9 at the end of Montray Road and Route 9, when this occurs they hope to have a press release. Spoke to the board regarding the HUD Grant. The Town was successful in 2002 for receiving the first HUD Grant for four hundred thousand dollars for income-qualified families in a targeted area. The Town moved forward with another four hundred thousand dollars application this year. We were notified that we were not successful in our grant application. However, sent a letter to Senator Little thanking her for her efforts and asking her for her continued support for our housing program. Spoke to the board regarding Glens Falls approaching the Town on getting an easement over their property. Niagara Mohawk also had the need to get an easement from across a piece of property we own to the new Glens Falls Water Filtration Plant. We made it known to Ed Hernandez that the board fully supported cooperation with Glens Falls. In our last meeting we passed a resolution, which indicated we would give them the easement, but they had to comply with a couple of areas. They needed to indemnify us and they needed to follow our insurance requirements. They've told us they can't or won't indemnify us and that's non-negotiable. Attorney Hafner sent them a letter saying you require the same thing of the Town of Queensbury we expect the same thing in return noting this is where we stand at the moment. TOWN COUNSEL, RADNER-In this case Niagara Mohawk wants to cross property that's owned by the Town in particular it's in a place where we have a water line, which could conceivably be broken or disturbed by their activities. What we're asking them for is an agreement that if they do something that damages our property that their going to make us hold. They are going to make sure that were not ultimately financially harmed by their actions. It is exactly what they ask from us any time we ask for an easement to cross property owned by Niagara Mohawk. In this case they are telling us its absolutely non-negotiable, they will not indemnify us, and that they are self-insured so they won't comply with our normal insurance requirements either we should rest assured that they'll meet their obligations. What may work out in this particular case is that it is Glens Falls that wants us to allow this easement. Glens Falls may be willing to give us the insurance and the indemnity agreement that we're requiring. We would recommend that to you it would be acceptable to us. SUPERVISOR BROWER-Spoke to the board noting that in a previous Workshop Session he indicated that Glens Falls had acquired a piece of property on Dixon Road an old house that they hoped to demolish and then create a parking area for REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 585 access to Cole's Woods. They wanted to build a small bridge and create a parking area. Asked the Town Board if there would be interest in cooperating on an intermunicipal deal where we could help them either with in kind service from our Highway Department and/or some type of in kind contribution. The board expressed an interest in helping, but would like something in return. The thing we would like in return is the City owns approximately eleven some odd acres between Hudson Pointe and the new Camp Jadamada property that we will eventually have ownership of. We originally expressed an interest in obtaining an easement over that property but the board suggested that we consider possibly a purchase of that property since Glens Falls is landlocked with that they don't have any access from the road. I discussed this with Mayor Regan; he said he was very opened to that idea he would like to discuss it with the Water and Sewer Board. I indicated that we estimated the value of the land anywhere between eleven and thirteen thousand dollars. We would have to have an appraisal done because we can't pay more than the appraised value. He understood that he thought it made sense. It would give them some cash to work with at the same time we might be able to provide some type in kind service noting he hasn't had the chance to talk with the Highway Superintendent, Mr. Missita regarding this, but thinks he would be cooperative in this regard. COUNCILMAN BREWER-Recommended getting the agreement for the easement down on the river before we do any in kind service. COUNCILMAN STEC-Encourage Supervisor Brower to encourage the Mayor to have the meeting with the Water and Sewer Board to get things moving. SUPERVISOR BROWER-Spoke to the board regarding memo received from Comptroller Hess regarding West Glens Falls Fire Company No.1, Reconciliation of the 2002 Financial Statement. Noted his concern that the board over funded a hundred and four thousand nine hundred eighty four dollars in 2002 that wasn't utilized. Yet they came to us for help with replacement of their roof, which is about ninety to a hundred thousand dollars. Apparently they had the money they could have used for the roof themselves why we're we asked to contribute? COMPTROLLER, MR. HESS-Noted he hasn't had discussion with the Fire Company regarding this. The information he provided was simply information provided through the Audit that they submitted to us. Normally gives the Fire Company a copy of his reconciliation of the audit. Typically it affects the third payment we make for them at the end of the year for each contract. Noted he did not affect their third payment we paid them in full because we have another year on the contract and we have another year to resolve whatever action you want to take for that money noting he sent a copy of this to the President of the Fire Company. EXECUTIVE DIRECTOR, COMMUNITY DEVELOPMENT -Spoke to the board noting that next Monday it will not be a typical Workshop Meeting. They will have an Informational Open House on the Route 9, 254 Congestion Improvements at six thirty. At seven o'clock there will be a Power Point Presentation after presentation there will be people that are knowledgeable about the project to answer question from the public. We encourage the public's participation in this process. COMPTROLLER, HESS-Spoke to the board regarding the West Glens Falls Fire Company noting they provided an audit we did our reconciliation of it. This year the Town Board is going to conduct its own audit of all the Emergency Service Squads. While the numbers I gave you are accurate according to the information REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 586 we have there is a slight possibility that our Auditor will find some extenuating reason that the number should be lower. ATTORNEY MATTERS ATTORNEY RADNER-Spoke to the board noting they have been trying to get easements to allow the Route 9 Sewer Project to go forward. We have one property owner who is not being very cooperative. We have had discussions with the Attorney involved. When the Town requests an easement through somebody's property in exchange for getting the easement we give assurances that the property will be returned to its condition once the pipe is laid. We do our best not to disturb working hours for businesses to make sure that there is access at all times. This one property owner has suggested that there should be some compensation for taking the easement. We haven't received a dollar figure of what they think is just compensation encouraging the board to be ready to go quickly on this one. If they are not going to grant us an easement to begin an imminent domain proceeding. The first step would be to get an appraisal of the value of the easement encouraged the board to pass a resolution to allow us to take the first step. COUNCILMAN BOOR-Asked if this is something that should be done now? ATTORNEY RADNER-Ifthe board is willing to do so we would encourage you it's the property of Ken Ermiger on Route 9. MIKE SHAW, DEPUTY DIRECTOR OF WASTEWATER-Concerned with timing. We're trying to meet a deadline for the jail project to provide them with sewer service next June. Now that we have the authorization to sign a Contract with the Contractor for Contract No.2, which is where the Ermiger property is he is going to want to work there this fall. We hope to have him on site by October, maybe November; you are talking possibly a month or a month and a half of work and the next spring. Our concern is any delay there is in getting this easement could cause a problem in putting the sewer lines in. SUPERVISOR BROWER-Noted Attorney Hafner put him on notice. WASTEWATER DIRECTOR, MR. SHAW-Noted he has tried to contact Mr. Ermiger several times the Engineer has tried to contact him, and the Attorney's Office for several months. He has chosen not to respond which has forced us into these negotiations we certainly hope that he signs the easement and we move forward. This two-week delay doesn't seem much but it could be a problem. SUPERVISOR BROWER-Asked Town Counsel Radner to draft resolution regarding this matter. After further discussion Town Board to move into Executive Session to discuss personnel matter come back out and vote on resolution regarding the Ermiger property. RESOLUTION ENTERING EXECUTIVE SESSION RESOL TUION NO. 407, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 587 RESOL VED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss a personnel matter. Duly adopted this 8th day of September, 2003, by the following vote: Ayes: Mr. Stec, Mr. Brewer, Mr. Boor, Mr. Brower Noes: None AbsentMr. Turner RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 408, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOL VED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 8th day of September, 2003, by the following vote: Ayes: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Stec Noes: None AbsentMr. Turner RESOLUTION AUTHORIZING APPRAISAL OF PROPERTY OWNED BY KEN ERMIGER/ADVENTURE RACING RESOLUTION NO. 409,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Route 9 Sewer Project is currently underway and Contract 2 has been awarded under bid, and WHEREAS, several efforts have been made to enter into easement agreements with all property owners, and WHEREAS, Ken Ermiger/ Adventure Racing, a Route 9 property owner, has refused to date to grant an easement, and WHEREAS, the Deputy Wastewater Director has advised the Town Board that timing is imperative for this Project, and REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 588 WHEREAS, the Town of Queensbury is prepared to move forward with Eminent Domain Proceedings if an amicable agreement cannot be reached, and WHEREAS, as a first step, the Town Board wishes to have an appraisal made of the value of the easement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that if an easement has not been signed by Ken Ermiger/ Adventure Racing and delivered to the Deputy Wastewater Director or Town Counsel within one (1) week, then an appraiser shall be hired for the purpose of establishing a value for this easement and the Town Supervisor is hereby authorized to sign an agreement for appraisal of this easement for a cost not to exceed $2,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel and/or the Deputy Director of Wastewater to take such steps necessary to effectuate this Resolution, and BE IT FURTHER, RESOLVED, that the Town Comptroller is authorized to transfer funds from the appropriate account in the Capital Project Fund to pay for such appraisal. Duly adopted this 8th day of September, 2003, by the following vote: AYES : Mr. Brower, Mr. Boor, Mr. Stec, Mr. Brewer NOES : None ABSENT:Mr. Turner RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 410, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOL VED, that the Town Board of the Town of Queensbury hereby adjourns from its Regular Town Board Meeting. Duly adopted this 8th day of September, 2003, by the following vote: Ayes: Mr. Brower, Mr. Boor, Mr. Stec, Mr. Brewer REGULAR TOWN BOARD MEETING 09-08-2003 MTG#38 Noes: None 589 AbsentMr. Turner No further action taken. Respectfully Submitted, Darleen M. Dougher T own Clerk Town of Queensbury