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2003-11-07 REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 760 REGULAR TOWN BOARD MEETING NOVEMBER 3RD, 2003 7:10 P.M. MTG#52 RES#467-472 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY WASTEWATER DIRECTOR, MIKE SHAW COMPTROLLER, HENRY HESS PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER Supervisor Brower-Opened meeting. PRESENTATION QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION LOU BUCK, PRESIDENT OF QUEENBURY ECONOMIC DEVELOPMENT CORPORATION PRESENT SUPERVISOR BROWER-Noted he goes to all of the Queensbury Economic Development Corporation Meetings and sits as a non-voting member also noted how it is very helpful to have this organization. MR. BUCK-In addition to serving as the Chairman of the Queensbury Economic Development Corporation this year he is also the Dean for the Adirondack Community College Center for Professional Development, which at one time was called the Office of Continuing Education noting most of what he has done at the College for the past seventeen years has been in the area of workforce development and economic development which are two major concerns of the Queensbury Economic Development Corporation. The Queensbury Economic Development Corporation is a local economic development group formed as a Non-Profit 501C3 Corporation comprised of volunteers from a cross section of the Town's business community. QEDC is made up a nine-member board of Directors. The Directors serve for three-year terms and can be reappointed at the end of three years if they wish to continue serving. The Corporation Officers each serve a one-year term and elections are held annually. In addition to the Board of Directors itself the extended board consists of three exofficio members. The Supervisor of The Town of Queensbury, The Executive Director of Community Development of the Town of Queensbury, and the President of the Warren County Economic Development Corporation. In addition there are two support roles presently provided by the Office Administrator for the WCDEC and also legal counsel for issues that come up of a legal nature. The mission of the QEDC is to foster economic stability a business friendly environment and selective growth in the Town of Queensbury by supporting the expansion and retention of existing business, attracting new business, and actively joining in efforts to develop the entire regions economy. We have assigned strategic initiatives to three categories, site development, job retention, job growth, and fostering a regional approach to economic development. In terms of site development we have focused our efforts on four specific projects. The first of which is the Northway Business Park. In 1999 QEDC collaborated with the Greater Glens Falls Local Development Corporation in developing what was Veterans Field into a Business Park. We now have after the last four years developed the park and now have forty-six acres of permanent ready Industrial Park. The second initiative was the Main Street Connector Road this is a project that we pursued with the Town of REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 761 Queensbury. The purpose of the project is to provide more ready truck access to the business park. Queensbury now has ten acres, which was required by the Queensbury Economic Development Corporation, which will be used to develop this road. The expectation is the road will be developed in 2004. The Luzerne Road site for property which isn't used, of this ten acres which isn't used, for construction of the road that property will be used to develop a business industrial site in that section of Queensbury. The last project the Queensbury Industrial Park; Warren County Economic Development Corporation has contracted with Warren County to develop thirty-seven acres of property in the Queensbury Industrial Park, which is located on Queensbury Avenue adjacent to Nimo sub station. The Engineering Study has been done and subdivision approval will be presented to the Town Board in early December. In terms of job retention and job growth QEDC efforts have focused on two initiatives. The first is the Regional Incubator Program; Tom Garvey was here two weeks ago and provided an update to the board on where we stand with the Incubator Program. We are now waiting as Tom mentioned to the board for somebody from the Economic Development Association to visit and talk about the project and hopefully extend a bid to allow us to extend an invitation to allow us to develop a project proposal for EDA funding. The second is workforce education. QEDC is trying to identify areas where they can playa role to help current employers meet their employment needs by providing a trained workforce. One of the areas identified several years ago was machinist that there was a noticeable lack of qualified machinist in the area. The College eventually developed a precision machining program the QEDC funded a Scholarship in addition to several other companies in the area to attract students to go into the precision machining program at ACC then transfer to Hudson Valley Community College. In terms of Region approach QEDC has worked diligently to try to foster relationships with a number of other organizations involved with economic development most notably the Warren County Economic Development Corporation, the Greater Glens Falls Development Corporation, WBEDC Corporation, Lake George, Lake Champlain Commission. One of things we have done is try to support economic development. Two areas we have supported recently one was the Adirondack Regional Chamber Multi-Media Promotional Program for this region. We have also financially supported the Woolworth Theatre Project. Presentation slides showing initiatives and overlap that some of the initiatives have between site development, job retention, and expansion, and regional cooperation. The annual budget is $185,000, $35,000 is for operating expenses and $150,000 is put into reserve for capital projects. Updated the board on capital projects. The Northway Business Park has expended just under $27,000 to date. Their involvement in this project in terms of financial commitment is completed and is working in whatever capacity we might be able to help with the Greater Glens Falls Local Development Corporation in pursing the attraction of businesses to the Industrial Park. The Luzerne Road site we have expended $391,000 to date that money was used to acquire property for the development of a connector road and also for the business park. The Queensbury Industrial Park we have expended $35,000 to date the $35,000 has covered the engineering study and will also cover the approval process. The Regional Incubator Program we have expended just over $6,000 since the program was initiated. That money was used to cover QEDC's prorated cost of the feasibility study for the incubator. If the incubator project gets an EDA Grant then we are looking at committing in the neighborhood of a $150,000 to the acquisition and refurbishment of an incubator site in downtown Glens Falls. The operating part of that cost would be $40,000 a year for the first three years of its operation. In terms of workforce education we've expended $10,000 to date and $10,000 has gone to the Precision Machine Scholarship Program. Thanked the Town Board for the level of support they've provided QEDC, noting Chris Round has been a tremendous asset to QEDC in his capacity as Executive Director of Community Development noting he does a tremendous job. SUPERVISOR BROWER-Asked Mr. Buck to comment on the importance of an Accelerator to a Community and some of the benefits from having an active Accelerator? MR. BUCK-Noted they are all familiar with the RPI Business Incubator. The RPI Incubator is unique in that it focuses on the transfer of technology. A lot of the people involved in the RPI Incubator are students so it's very difficult to compare what we're trying to do with RPI. Two weeks ago he was in Springfield, MA and Springfield Technical Community College did a program for Community Colleges on Entrepreneurism. One of the things the College has done is develop an Incubator they developed an Incubator that goes back maybe three or four years ago. The Campus is situated it is the oldest Armory in the Country. They have close to a thirty thousand square foot building that they've turned into an Incubator. The Incubator has space for students at the Technical Community College for them to develop business ideas and also for adult business people who are interested in starting a business. It can have a tremendous impact particularly when it's tied in with the College. It's a great way to encourage development of REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 762 entrepreneurism for the most part businesses that get their start in an Incubator do stay in the area noting he thinks it has a lot of potential need to make sure that the numbers work. SUPERVISOR BROWER- Thanked Mr. Buck for his presentation. The workforce needs of our Community are important because the demographics will show that in seven to ten years about a third of the population if we project it forward will be potentially retired. We need to keep developing our youth and enhancing the skills of our workforce so that they will be able to meet the needs of the up coming markets that we hope to attract here. CORRESPONDENCE NONE INTRODUCTION OF RESOLUTION FROM THE FLOOR NONE OPEN FORUM LINDA MC NULTY-14 TWICWOOD LANE, QUEENSBURY-Spoke to the board regarding her concern again for the noise issue in Twicwood. Noted they are still having dumpster pickups anywhere from 3: 15 a.m. on they are being awaken to the equivalent noise to a violent thunderstorm. Requested that the Town institute regulations that prohibit trash pickup prior to preferably 8:00 a.m. Noted Mr. Stec had promised a few years back that there would be some resolve to the noise from the Northway noting this is still an issue it roars all night long twelve months out of the year noting something has to be done to preserve our residential areas. SUPERVISOR BROWER-Asked if the dumpster pickups are occurring on Route 9? MRS. MC NULTY-Yes. Noted Mr. Sutton had requested that they not come in before 7:00 a.m. it has worked for a while but are back doing it again. COUNCILMAN BOOR-Questioned if Mrs. Mc Nulty knew who the company is? MRS. MC NULTY-No. It is at Curtain Country and Suttons. MR. DONALD SIPP, COURTHOUSE DRIVE-Seconded Twicwood's request noting the dumpster appear at the Million Dollar Half Mile at five ten this morning which is about forty five minutes later than it usually is somewhere between four ten, four thirty is their usual time. SUPERVISOR BROWER-Questioned if it got better for a period of time when he called Waste Management? MR. SIPP- It seemed to, but they are back doing it again. COUNCILMAN BREWER-The City has a law that eliminates trash pickup before six or seven in the morning. MR. SIPP-Noted if Glens Falls can pass a law, which say 6:00 a.m., thinks the Town can deal with six or six thirty. COUNCILMAN BREWER-Recommended getting a copy of the law that the City has on file take a look at it and maybe propose to do the same thing. SUPERVISOR BROWER-Can certainly look at it. COUNCILMAN BREWER-Asked Town Counsel Hafner to get a copy of the law. TOWN COUNSEL, HAFNER-To get copy oflaw if the City has one. SUPERVISOR BROWER-Noted he generally always like voluntary compliance verses laws, but if need to go to a law they will. PETE HARRINGTON, 9 STEPHANIE LANE-Asked the Town Board when the last deposits were made into the EMS Retirement Account that is administrated by Penflex? REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 763 SUPERVISOR BROWER-Doesn't believe they have been at this point. MR. HARRINGTON-Asked why? SUPERVISOR BROWER-By State Law. COMPTROLLER, MR. HESS-Penflex has not given us the permission to put in this years money unlike the Fire Companies which we can pay on a Fire Company basis the law for EMS is written as such you pay them all at one time after they all have complied. We don't administer the program we make the payments when the Penflex tells us its time to make them. We have not received a voucher to pay. SUPERVISOR BROWER-All the companies have to comply with the reporting requirement before we will send a check. MR. HARRINGTON-Questioned if that's been the case since 2000? SUPERVISOR BROWER-Believes it has. COMPTROLLER MR. HESS-It's been that way since the program has been in effect. SUPERVISOR BROWER- The Fire Companies are on an individual basis. When they provide the information then Penflex approves we sign off on it then we pay them. The Emergency Squads are together in one group. If you have a group that's not reporting get on their case and we will get it squared away. MR. PLINEY TUCKER-Spoke to the board regarding the budget and the article in the newspaper regarding the board cutting the budget questioned if this was true. SUPERVISOR BROWER-It's true that the requested budget was nine point six percent increase. After I went through the budget the budget was five point three then the final budget was a tenth of a percent higher. After the board action last Monday evening with the eighty five thousand dollars it brought it to ten point one percent increase in the Town budget. That's the Tentative Budget, which will be at public hearing Thursday evening. MR. TUCKER-Questioned if the eighty five thousand dollars do they have to raise taxes? SUPERVISOR BROWER- Yes. EMS taxes will have to be raised for those eighty five thousand dollars. MR. TUCKER-Asked the reason they didn't go along with the Supervisor's cuts? SUPERVISOR BROWER-Noted it's like any budget process noted he cut various portions of the budget. When you get to areas that can be cut usually cuts them back particularly things he believes can be achieved. MR. TUCKER-Questioned if this has happened to Supervisor Brower before? SUPERVISOR BROWER- Yes. The concentration has been on his cuts with the budget we don't go through line by line. COUNCILMAN BREWER-We do discuss the cuts and what's submitted to us. We sit as a board and if we decide to put those all back in don't think that Dennis is the only one saying no don't put it back in there because a lot of it he agrees with when we put it back in. SUPERVISOR BROWER- There are many cuts that I make that the Managers themselves will say I can live with that. COUNCILMAN STEC- The biggest example as far as the largest dollar amount that was involved with the request to the Tentative and then being raised to the Preliminary was in the Water Budget where they had requested a hundred and fifty thousand dollars for a water line replacement next year. It got cut to fifty thousand dollars then when we met with the Department Head and he justified where the hundred and fifty came from the board restored that REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 764 to a hundred and fifty. There is a hundred thousand dollar right there noting to his knowledge is the biggest single chunk. MR. TUCKER-Questioned the hundred thousand dollars in the Water Department do they have to raise taxes or does it come out of the surplus fund? SUPERVISOR BROWER-Between the retirement of debt and even the bonding of our new projects our water rate will probably be flat because of the retirement of debt and the funding mechanism that Henry has worked out it's not going to cost the taxpayer really anymore money for their water yet we are going to improve our system significantly with three miles of additional water mains. Ralph Van Dusen is taking over a quarter million dollars out of his Water Department General Fund Balance to make that happen and the rest will be bonded. MR. TUCKER-Asked what the total budget is? SUPERVISOR BROWER-Approximately twenty-four plus. BARBARA BENNETT, DIXON ROAD, QUEENSBURY-Spoke to the board regarding her concern with the poor outdoor lighting between Sears and Bon Ton noting it is very dark. Asked one of the board members to visit the area to take a look at it. RESOLUTIONS RESOLUTION TO AMEND 2003 BUDGET RESOLUTION NO.: 467,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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: ASSESSMENT FROM: TO: $ AMOUNT: 01-1355-4740 (Article 7 Appraisals) 01-1355-1002 (Misc. Payroll) 4,000. 01-1355-4080 (Legal Advertisement) 01-1355-4090 (Conference-Reg. & Attend.) 16. CEMETERY FROM: TO: $ AMOUNT: 02-8810-1800-0011 (Crematory Operator) CEMETERY 02-8810-4800-0011 (Equip. Repairs-Serv. & Supp.) 800. REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 765 FROM: TO: $ AMOUNT: 02-8810-1800-0011 02-8810-4300-0011 600. (Crematory Operator) (Electricity) 02-8810-1800-0011 02-8810-4400-0011 500. (Crematory Operator) (Misc. Contractual-Crem.) 02-8810-1800-0011 02-8810-4400 500. (Crematory Operator) (Misc. Contractual-Cem.) COMPTROLLER FROM: TO: $ AMOUNT: 01-1315-4456 01-1315-2001 1,500. (Internal Audits) (Misc. Equipment) PARKS AND RECREATION FROM: TO: $ AMOUNT: 01-7110-1470-0002 01-7110-4140 175. (Working Foreman-Proj. OT) (Mileage Reimbursement) 01-7020-1350 01-7110-4400 1,500. (Rec. Maintenance) (Misc. Contractual) 01-7110-1470-0002 01-7110-4810 300. (Working Foreman-Proj. OT) (Equipment Rental) 01-7110-1460-0002 01- 711 0-411 0 500. (Mechanic-Proj.OT) (Vehicle Repair & Maint.) WATER FROM: TO: 040-1680-4100 040-1680-2032 (Telephone) (Comp. Software) 040-1680-4100 040-8340-2020 (Telephone) (Vehicles) WATER FROM: TO: 040-1680-4100 040-9040-8041 (Telephone) (Safety Admin. Fees) 040-1680-4100 040-8310-4030 (Telephone) (Postage) $ AMOUNT: 2,072. 123. $ AMOUNT: 1,903. 750. Duly adopted this 3rd day of November, 2003, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 766 RESOLUTION AUTHORIZING 2004 RENEWAL CONTRACTS FOR EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH EMPIRE BLUE CROSS BLUE SHIELD RESOLUTION NO. 468,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury previously entered into agreements for employee group health insurance plans with Empire Blue Cross Blue Shield, and WHEREAS, the Town Comptroller, in conjunction with Capital Financial Group, has negotiated renewal contracts for the year 2004 with Empire Blue Cross Blue Shield, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal contracts for the year 2004 with Empire Blue Cross Blue Shield with the 2004 monthly premiums to be as follows: MEDICARE MEDICARE MEDICARE INDIVIDUAL F AMIL Y INDIVIDUAL 2-PERSON F AMIL Y PPO 345.22 1009.15 317.49 634.98 981.43 EPO 328.72 960.92 302.32 604.64 934.53 DENTAL 45.33 45.33 N/A N/A N/A and BE IT FURTHER, RESOLVED, that the health insurance cost-sharing formula shall be the same as it was in 2003, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation and the Town Supervisor and/or Town Comptroller to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of November, 2003, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES: None REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 767 ABSENT:None RESOLUTION REQUESTING SPEED LIMIT STUDY AND POSSIBLE REDUCTION FOR QUEENSBURY AVENUE RESOLUTION NO.: 469,2003 INTRODUCED BY : Mr. Theodore Turner SECONDED BY : Mr. Roger Boor WHEREAS, due to the increased business in the W arren- Washington Counties Industrial Park and coinciding increase in road traffic on Queensbury Avenue in the Town of Queensbury, the Queensbury Town Board has concerns about the current speed limit of Queensbury Avenue, particularly that portion of the road between Dix Avenue and the Floyd Bennett Airport, and WHEREAS, the Town Board wishes to adopt a Resolution requesting that the speed limit be studied and possibly reduced on Queensbury Avenue, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests that the speed limit along the entire length of Queensbury Avenue be studied and possibly reduced from the current 55 mile per hour speed limit for safety reasons, and BE IT FURTHER, RESOLVED, in accordance with Vehicle and Traffic Law 91622, that the Town Board further authorizes and directs the Town Supervisor's Office to forward a certified copy of this Resolution and any other necessary documentation to the Warren County Department of Public Works and/or New York State Department of Transportation for the purposes of studying and possibly establishing a lower maximum speed limit on Queensbury Avenue in the Town of Queensbury. Duly adopted this 3rd day of November, 2003 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES: None ABSENT:None RESOLUTION AUTHORIZING EXPENDITURE OF FEES FOR EXPERTS FOR TAX ASSESSMENT LITIGATION RESOLUTION NO.: 470, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 768 WHEREAS, the Town of Queensbury is engaged in litigation with Niagara Mohawk Power Corporation and Erie Boulevard Hydropower, Inc. regarding real property tax assessments on the Sherman Island Hydroelectric Generating Facility for the years 1994 to 2001, and WHEREAS, the amounts in dispute are substantial and could result in large refunds to the property owners if the Petitioners prevail in the litigation, and WHEREAS, the trial of these cases has already begun and is scheduled to resume on November 19th and the testimony of experts and services of consultants are required in defending the Town's assessments of the subject property, and WHEREAS, the professional fees and expenses for the testimony and services of experts and consultants for trial are estimated to be approximately $70,000, and WHEREAS, such cost would be divided equally between the Town of Queensbury and the Queensbury Union Free School District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the expenditure of up to $35,000 for the services of experts and consultants to testify on behalf of the Town of Queensbury and otherwise assist in defending the Town's tax assessments at the trial of cases brought by Niagara Mohawk Power Corporation and Erie Boulevard Hydropower, Inc. concerning the Sherman Island Hydroelectric Generating Facility, with costs for such testimony and services to be shared equally by the Town of Queensbury and the Queensbury Union Free School District, and with the Town's share of such costs not to exceed $35,000 without the prior approval of this Board, and BE IT FURTHER, RESOLVED, that such expenditures shall be paid for through a transfer of $35,000 from Contingency Account No.: 001-1990-4400 to Misc. Contractual Account No.: 001-1355-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Comptroller and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of November, 2003, by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 769 NOES: None ABSENT:None RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $2,750,000 IN SERIAL BONDS OF THE TOWN OF QUEENSBURY TO PAY A PORTION OF THE COST OF ACQUISITION, CONSTRUCTION AND INSTALLATION OF WATER TRANSMISSION SYSTEM IMPROVEMENTS WITHIN THE QUEENSBURY CONSOLIDATED WATER DISTRICT; AND AUTHORIZING THE ISSUANCE OF UP TO $2,750,000 IN BOND ANTICIPATION NOTES OF THE TOWN OF QUEENSBURY FOR THE SAME PURPOSE RESOLUTION NO.: 471,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury (the "Town") duly established the Town of Queensbury Shore Colony Water District (the "Shore Colony Water District") in accordance with New York Town Law, and WHEREAS, on July 9, 2001 the Town adopted a Resolution (the "Shore Colony Bond Resolution") authorizing the issuance of up to $170,000 in serial bonds and/or bond anticipation notes to pay the cost of acquisition, construction and installation of improvements to the water supply system of the Shore Colony Water District, including replacement of a water storage tank and installation of filtration equipment, and further including related preliminary and incidental costs (the "Shore Colony Project"), and WHEREAS, on September 12, 2001 the Town issued its $170,000 Bond Anticipation Note, 2001 (Shore Colony Water District Improvements Project) pursuant to the Shore Colony Bond Resolution, which Note was renewed in the amount of $136,000 on September 11, 2002 and such renewal note was redeemed on September 10, 2003 from surplus Town Water Department general funds subject to reimbursement, and WHEREAS, the Town duly established the Town of Queensbury Consolidated Water District (the "Consolidated Water District") in accordance with New York Town Law, and WHEREAS, Barton & Loguidice, P.C., professional engineers, have prepared a Map, Plan and Report concerning proposed water transmission system improvements within the Consolidated Water District, and the Town Board has duly authorized and approved the improvements described in the Map, Plan and Report, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 770 Section 1. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is the acquisition, construction, and installation of water transmission system improvements within the Consolidated Water District, including water mains along Round Pond Road, Blind Rock Road, Country Club Road, Haviland Road, Ridge Road and Hicks Road and a water main connection between Big Boom Road and Big Bay Road underneath Interstate Route 87 (Adirondack Northway), and further including related preliminary and incidental costs (the "Consolidated Water District Project"), and such specific object or purpose is hereby authorized at a maximum estimated cost of Three Million Twenty Thousand Dollars ($3,020,000). Section 2. The plan for the financing of such maximum estimated cost is as follows: (a) use of $270,000 from the Water Department's general fund balance, and (b) issuance of up to Two Million Seven Hundred Fifty Thousand Dollars ($2,750,000) in serial bonds or bond anticipation notes of the Town on behalf of the Consolidated Water District hereby authorized to be issued pursuant to the Local Finance Law. The proceeds of the bonds or bond anticipation notes may be used to properly reimburse expenditures paid by the Town from other funds or otherwise. The Town may submit applications for additional grants and/or low interest loans from the New York State Environmental Facilities Corporation (EFC) and/or the United States Department of Commerce Economic Development Administration (EDA) and/or other funding source(s) and, to the extent that any such moneys are received, may apply such funds to the payment of principal and interest on the bonds or bond anticipation notes. Pursuant to Local Finance Law Section 107(d)(9), no down payment from current funds is required. Section 3. It is hereby determined that the period of probable usefulness of the specific object or purpose is forty (40) years, pursuant to Subdivision 4 of paragraph (a) of Section 11 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five (5) years. Section 4. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years. There shall annually be levied on all the taxable real property of the Consolidated Water District a fee sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 5. For the purpose of paying the cost of the Project, including related preliminary and incidental costs, there are hereby authorized to be issued serial bonds of the Town up to a maximum amount of $2,750,000, the maximum maturity of which shall not exceed the forty (40) year period of probable usefulness set forth above, and which shall mature on or REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 771 before the date of the expiration of the period of probable usefulness as measured from the date of the bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. Section 6. There are hereby authorized to be issued bond anticipation notes for the specific object or purpose in an amount up to but not exceeding the $2,750,000 maximum amount of serial bonds authorized to be issued, in anticipation of the issuance and sale of the serial bonds authorized, including renewals of such bond anticipation notes. Section 7. Any bond anticipation notes shall be payable from the proceeds derived from the sale of the bonds or otherwise redeemed in the manner provided by Section 23.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the bond anticipation notes and the interest on them. Section 8. There are no bond anticipation notes outstanding which have been previously issued in anticipation of the sale of these bonds. Neither are the bond anticipation notes hereby authorized renewal notes. These bond anticipation notes will be issued in anticipation of bonds for assessable improvements. These notes shall mature at such time as the Town may determine and may be renewed from time to time, provided that in no event shall such notes or renewals extend more than one (1) year beyond the original date of issue except as permitted in the Local Finance Law. Section 9. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of these notes, and the power to prescribe the terms, form and contents of the serial bonds and bond anticipation notes and the power to sell and deliver the serial bonds and bond anticipation notes issued in anticipation of the issuance of the bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds and bond anticipation notes issued in anticipation of the issuance of the serial bonds issued pursuant to this Resolution by manual signature, and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal of the Town to any of the serial bonds or bond anticipation notes and to attest such seal by manual signature. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 10. The exact date of issuance of the bonds and/or notes and the exact date upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer, provided, however, that the maturity of the notes or renewals shall not exceed one (1) year from the date of issue except as permitted by the Local Finance Law. REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 772 Section 11. The Chief Fiscal Officer shall prepare the bonds and/or notes and sell them in accordance with the provisions of the Local Finance Law including, but not limited to, the provisions of Section 169.00, if applicable, and at such sale shall determine the interest rate to be borne by such bonds and/or notes. Section 12. If issued, the notes shall be in registered form, and shall bear interest at the determined rate. Section 13. The Chief Fiscal Officer shall deliver the bonds and/or notes to the purchaser only against a certified check or other immediately available funds. The proceeds of the sale of the bonds and/or notes shall be deposited and/or invested as required by Section 165.00 of the Local Finance Law, and the power to invest the proceeds of the sale is hereby delegated to the Chief Fiscal Officer and the power to invest in any instruments described in Section 165.00 is expressly granted. Section 14. To the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended (the "Code"), the Town hereby designates the bonds and/or notes as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code. The Town hereby covenants that it will (i) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. Section 15. The Town of Queensbury is a town partially within the Adirondack Park. However, State lands subject to taxation within the Town's boundaries are assessed at less than thirty percent (30%) of the total taxable assessed valuation of the Town, so permission of the State Comptroller to issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3). Section 16. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, 1S hereby designated bond counsel. Section 17. The validity of these serial bonds and bond anticipation notes may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or (2) The provisions of law which should be complied with at the date of publication of this Resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (3) Such obligations are authorized in violation of the provisions of the State Constitution. REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 773 Section 18. The full text of this Resolution or a summary thereof shall be published in the Glens Falls Post Star, which has been designated as the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 19. The Town Board hereby authorizes the combination of the bonds authorized by this Bond Resolution with the bonds authorized by the Shore Colony Bond Resolution as necessary to reimburse the Water Department general fund for amounts expended to redeem the Renewal Bond Anticipation Note (Shore Colony Water District Improvements Project, 2002) to result in one combined set of serial bonds issued by the Town. Section 20. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: ROLL CALL AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NAYS: None ABSENT:None The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board. DATED: November 3, 2003 TOWN BOARD DISCUSSIONS COUNCILMAN BOOR-Spoke to the board regarding an article in the newspaper on outdoor wood burning furnaces noting he approached staff regarding this six weeks ago. Has received calls from residents of the Glen Lake area who voiced similar concerns to what the paper depicted. These furnaces heat water and run in the summer time noting there are no restrictions regarding these furnaces. Scheduled a meeting with Dave Hatin, Chris Round, and Bob Hafner to discuss this issue. Read letter into record dated October 29th, 2003 from Matthew Mc Gowen a ten year old who lives on Birch Road regarding this issue noting there should be regulations regarding the wood burning stoves. COUNCILMAN TURNER-Spoke to the board regarding lights in the Town noting they are fixing the ones that need to be fixed noting Baybridge wants another light also working on the one on Sweet Road. COUNCILMAN BREWER-Noted Laurel Lane wants another light. COUNCILMAN TURNER-That's taken care of. COUNCILMAN STEC-Asked for update on Eagan Road and the dumping situation? EXECUTIVE DIRECTOR, MR. ROUND-Doesn't know the current status. Issued an Order of Violation, Stop Work Order, doesn't know if it has progressed to the next level. Spoke to Dave Hatin today about it the area is secure haven't seen any activity today. COUNCILMAN BOOR-Asked when Stop Ordered was issued? EXECUTIVE DIRECTOR, MR. ROUND-Not sure. REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 774 SUPERVISOR BROWER-It had to be a couple weeks ago Craig Brown sent a report on it indicating they did a Stop Work Order noting they would only allow two more dump trucks to come Ill. COUNCILMAN STEC-Spoke to the board regarding Dream Lake Road the gravel pit the driveway cuts. Has spoken to some of the residents that are affected by the large gravel that's going by understands there has been some questions in the past about driveway cuts, perhaps sending the traffic out to Route 149 as opposed to Dream Lake Road to Bay Road. EXECUTIVE DIRECTOR, MR. ROUND-There is a long history there as long as he's been here the activities have grown on the site. They've all fallen within the perimeters of their existing DEC permits hasn't heard of a discussion of alternatives entrances would be happy to talk about it. COUNCILMAN BREWER-Noted he hopes everyone will exercise their right to vote tomorrow. SUPERVISOR BROWER-Spoke to the board regarding Aldephia Cable Vision noting they will be offering high definition television in Queensbury in November, read letter into record from Aldephia Cable Vision regarding this. Spoke to the board regarding an article from Warren County Economic Development regarding International Semi-Tech. EXECUTIVE DIRECTOR, MR. ROUND-Spoke to the board regarding memo from Craig Brown regarding the Special Use Permit process and how they address the acknowledgement of its preexisting uses specifically Marinas. Town Board to have resolution next week proposing a minor change to the Local Law. Marilyn Ryba will be before the board next week to talk about the housing opportunity strategy that they've been working on. Has had a couple of successful meetings with representatives of DOT regarding Big Boom Road and Connector Road noting Bob Hafner and himself have a clear understanding of what the States role will be in regard to the Big Boom Road project. We receive Federal Funding for the Main Street Connector Road it requires us to follow a State and Federal process that's a bit more complex than a local process that we follow. We will have to spend additional monies to comply with the standards that they set for us to give details on this. Spoke to the board noting they met with Queensbury Schools noting it's the third meeting he has had with the Schools over the last month and a half noting the meetings have been focusing on growth issues, growth at the School District, trying to assist them with population projections noting they have gotten off to a good start on how we might cooperate on several projects. Thursday night the seniors were talking about growth issues on Bay Road and how to deal with traffic. Warren County Public Works Commissioner, Bill Remington gave the seniors an update on how they will be addressing traffic issues on Bay Road and Meadowbrook Road. Route 9 and 254 noting they are making progress with the design development should be seeing summaries of the meetings that occurred during September in the next three to six weeks about the next step. COMPRTOLLER MR. HESS-Reminded everyone regarding the Budget Hearing on Thursday night. TOWN COUNSEL HAFNER-Spoke to the board regarding Counsel receiving a copy ofFIRK's Order saying FIRK will allow Niagara Mohawk to give the Town the property by the Water Department. Noted they will be contacting Niagara Mohawk now that they have a copy of the Order to try to get them moving on getting it into a Deed. SUPERVISOR BROWER-Will need a brief Attorney/Client Meeting after Regular Meeting. RESOLUTION ADJOURING REGULAR TOWN BOARD MEETING RESOLUTION NO. 472, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 3rd day of November, 2003, by the following vote: REGULAR TOWN BOARD MEETING 11-03-2003 MTG#52 775 Ayes: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None Absent: None No further action taken. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury