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2003-11-17 Regular Town Board Meeting, 11-17-2003, Mtg #55 808 REGULAR TOWN BOARD MEETING NOVEMBER 17TH, 2003 7:10 P.M. Mtg #55 RES. #474-492 BOH RES. #39-40 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Marilyn R yba, Senior Planner Chris Round, Executive Director of Community Development Henry Hess, Comptroller Mike Shaw, Deputy Wastewater Director Chuck Rice, Facilities Manager PRESS: TV8, Glens Falls Post Star SUPERVISOR BROWER called meeting to order. . . . PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DANIEL STEC RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 474,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MARTIN DION BOARD OF HEALTH RESOLUTION NO.: 39,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION Regular Town Board Meeting, 11-17-2003, Mtg #55 809 SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Martin Dion has applied to the Local Board of Health for two (2) variances from Chapter 136 to allow: 1. placement of the disposal system ninety-two feet (92') from the well in lieu of the required one-hundred feet (100') setback; and 2. twenty-six inches (26") of usable soil above bedrock in lieu of the required three feet (3') of usable soil above bedrock; on property located at 131 Seelye Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on December 1st, 2003 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Martin Dion's sewage disposal variance application concerning property located at 131 Seelye Road in the Town of Queensbury and bearing Tax Map No.: 227.17-1-54 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None MR. CHRIS ROUND, Executive Director-Questioned whether or not the Town Board wishes to have the town's engineer or Lake George Park Commission's engineer to review this application? TOWN BOARD held discussion and agreed that it should be reviewed also by the Lake George Park Commission's engineer. Regular Town Board Meeting, 11-17-2003, Mtg #55 810 RESOLUTION ADJOURNING BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 40,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Queensbury Board of Health hereby adjourn and enter Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None REGULAR SESSION PRESENTATION - HOUSING OPPORTUNITY STRATEGY BY MARILYN RYBA AND SHEL TER PLANNING MRS. MARILYN RYBA, Senior Planner-Last year, the town received a Small Cities Technical Assistance Grant to look at opportunities for affordable housing and we wanted to do a study to see what really is affordable in the Town of Queensbury. The other reason for this is that the Governor's Office for Small Cities, in order to provide additional funding, they wanted to see what kind of needs we have and what the strategies are. We expect to have the study completed by the end of December and we will have some additional information on the next steps at the end of the presentation. With that said, I'd like to introduce Bill Thompkins from Shelter Planning and Development. Shelter Planning and Development was hired to help us put together some of the date and do some of the analysis and tonight's presentation consist of the highlights of that analysis. MR. BILL THOMPKINS-We've got a little slide show. Basically, we've got to begin with what makes housing affordable. It's not simply a matter of cost, it's not the only part of affordability, it's cost versus the ability to pay for it. So, it's a relationship between cost and income. Basically, what our conclusion is, is that there is an affordable housing gap in the town. We think that it's much more an owner occupied gap then it is a renter occupied gap. Mfordability can be an issue to any income group, but in this study we're basically focused more on people below median income. There's sort of a magic number of eighty percent of median is a key number for many state and federal programs. So, a lot of our data is keyed towards that group. (refers to map) The strategies that we think are most appropriate are ones that are neighborhood based strategies, stealth strategies, they're not meant to be major changes in the community. The housing rehabilitation issue is very important, because no matter what you did with new construction, most of the affordable housing in the community already exist. So, the first part of any strategy is how to protect what you've got. When we did our analysis here, is that it appears to us that there is a substantial concentration of affordable housing in West Glens Falls and in South Queensbury. There's also some scattered areas in the other parts of the town but they're the basic areas where we think you would begin. We also think there's an opportunity for new construction and when we say scattered sites, what we mean is new construction on, not a new subdivision, but single family homes in existing neighborhoods on vacant lots. (refers to map) In terms of rental housing, what our suggestion is, is that rather then focus new construction of subsidized housing, there is a program that exists right now that is administered in this area by the Glens Falls Housing Authority which is called a housing voucher program and what it is, is a rent supplement program. It subsidizes people in rental housing, they go find their own housing. It's a very popular program. The problem right now in this area is, that the Housing Authority has a two year wait. So, if you sign up for the program, it's two years before there's a voucher available to you. I think that anything the town can do to encourage and help the Housing Authority get additional vouchers would be good for everybody. The last issue we came up with that basically came out of the public meetings that there are some places in the town where Regular Town Board Meeting, 11-17-2003, Mtg #55 811 two family housing would be a very useful device to help people get into their first home. The real estate industry which was at the meeting, they strongly supported the idea that there would be demand for that kind of two family housing. I think there's a lot of places where you could do that and it wouldn't be out of place in the neighborhood, it wouldn't change the character. You wouldn't do it everywhere but there are some opportunities. Hopefully, those strategies can address those problems for a the next number of years. In the long run, you may have to come back to bigger strategies, new development strategies and we basically thought of three. We're not suggesting that these need to be the emphasis now, but they may in the long run. One is that through the Planned Unit Development Process, you may find a way of negotiating inclusions of a percentage of housing being built that would be affordable. So, that you don't have a complex that's all subsidized housing but you might have twenty percent of the housing in a particular area that would be affordable. That's something that could be negotiated through the zoning process. When we did an analysis of the larger parcels that would be available for new housing construction, what we found is that they were pretty limited, currently served by water and sewer and appropriately zoned. In the long run, you may have to address those issues. Lastly, if you had an issue that wouldn't go away, some communities actually get to the point where they mandate in new development that a percentage of housing be affordable. We're suggesting you're no where near that now and may never be but we included that because that's the, ultimately if there were no other way to do it, that's the heavy alternative, the ultimate one. The New York State Mfordable Housing Corporation actually created this thing called affordability index for owner occupied housing and what it does is, exactly this is the ratio that I was talking about before, compares the cost of the average single family home to median income, and the higher that index is, this number over here, the more there is an affordability problem. Then they ranked the Counties by how much of an affordability problem there was. Warren County actually ranks eleventh, the first ten are all immediately around New York City, the five Burroughs, Nassau, Suffolk County and Westchester, Putnam, and I think Orange. Higher then Saratoga and Albany, again, not because the sales price is not higher but because the income is not as high. So again, there are people that are having trouble being able to afford new homes. We also found from the New York State Association of Realtors, they publish sales prices over time and again, this shows that in the last two years the median sales price in Warren County has gone up thirty-five percent. Those prices have gone up everywhere in New York State but again they're going up more quickly in Warren County then they are in the surrounding counties. When we looked at the current rent structure for the existing complexes, the affordability problem was not as great. The typical rents are actually affordable to be at eighty percent of median, it's only when you get down to maybe sixty-five for fifty percent of median that affordability becomes a problem. The other issue that I think has sort of resolved some of the affordable problem, I think currently and it also will in the future for rental properties is that the, there's been a fairly substantial number of new complexes been built since the census. They add up to about four hundred units, I guess there was one before the census but the rest of them were all after the 2000 census. That's the unsubsidized ones, in addition, there was another hundred and fifty, more or less of senior citizen projects that are either been built or have gotten their approvals. So, that's five hundred and fifty units, that's more then was built in the previous decade. The last thing we did was that, we think it would be wise and the data points to the idea of targeting areas in the town, South Queensbury, West Glens Falls and again, these are places that have more modest incomes, interestingly they are still largely owner occupied. . .. Our analysis comes back to this kind of strategy which is basically a housing rehabilitation program and we think that the next step really is to figure out how to make it an ongoing program and not simply a grant to grant project and we have some ideas about how that could happen. We think that we have to work on and have not yet come up with final strategy of how to support scattered site new construction of single family homes. The housing vouchers, I've already talked to the Housing Authority, they're eager to have as many vouchers as they can get and I think that would be helpful to everybody. And the last one, the two family homes, I think that's something that you ought to look at, I know that it can be controversial but I think that many communities find the two family is an opportunity for the first time home buyer to have to buy it to get into a house where the tenant helps with the rent and it makes for affordable housing. MRS. RYBA, Senior Planner-The good news is, with these strategies, we plan on submitting them to the Governor's Office for Small Cities and have that as a way of obtaining additional assistance. The other good news is that we did have a public meeting with quite a few realtors and the bankers in the community, firstly to ask if those folks perceive that there is a need for affordable housing in Queensbury and they all concurred and the second was that the bankers also said that we have products available, we have things that we can do to help people and we need to work together. So, we're not talking entirely about a government assistance but also seeing ways that we can work with Regular Town Board Meeting, 11-17-2003, Mtg #55 812 private enterprise to put together some housing opportunities and that's why we call it a housing opportunity strategy. The other thing I'd like to mention is that December 3rd, we are having a public informational meeting in this room starting at seven and that will be advertised. That's to get more input from the general community. We've had a housing website up for a couple of months now, all of this information, this presentation from tonight as well as our draft report will be on that website. The purpose of this study is really completed for the grant requirement that's due the end of this year, it was just to put together the analysis and to provide what we think we might be doing in the next year or so. However, we also think that this is a great opportunity to start an amendment to the Comprehensive Land Use Plan and we did note that back last year when we had applied for funding. However, we would expect that sometime in 2004 and that would mean a lot more public involvement in terms of making policy or proposing policy, I should say, this study really is more an analysis of the data and we can work further from it. CORRESPONDENCE DEPUTY TOWN CLERK BARBER noted that the October, 2003 Monthly Reports from the following departments were received and filed in the Town Clerk's Office: Community Development and Building & Codes Solid Waste Management INTRODUCTION OF RESOLUTIONS FROM THE FLOOR - NONE OPEN FORUM MR. JOHN STROUGH-Referred to Resolution 6.15, 'Resolution of Support And Concurrence With Warren County Empire Zone', and questioned why it's back on the agenda? SUPERVISOR BROWER-I'll explain what happened, Queensbury is the only community in Warren County where they used connector lines to make properties contiguous within it's border, within the borders of the Town of Queensbury and they used three foot strips to connect properties so that they could be considered contiguous. Part of the reason for doing that is there's a stipulation in the legislation that indicates that after seventy-five percent of the land is used in contiguous zones, after that point, twenty-five percent of the land in non-contiguous zones would have to be used at a time. Originally, we had thirteen hundred acres allocated to Warren County for an Empire Zone, part of the reason for this change is the changing legislation that continues to evolve over time. In other words, it's the belief of some of us that the state is trying to reduce the amount of Empire Zones that can effectively be utilized within New York State outside the urban boundaries of cities. And that mayor may not be a correct assumption, however, we're at a point now where seventy-five percent of the land has been designated. We've got approximately five hundred acres left and the remaining five hundred acres now will have to be used in twenty-five percent increments. In other words, let's say we have a spot in Queensbury that we'd like to ask for the Empire Zone, well borrowing any new legislation which I've been promised will be sought at the state level, if we wanted to authorize a new boundary in Queensbury right now, we'd have to make it a hundred and twenty-five acres ofland even though the parcel ofland where the manufacturer might want to locate maybe ten acres, will have to take a hundred and twenty-five acres and apply to it under the revised rules that we're dealing with. When the Town Board approved the Empire Zone Amendment and the County approved the Empire Zone Amendment, it had the connector lines in it. They submitted it to the state for approval including the businesses that were approved, the state didn't object to any businesses that had been included but did object to the connector lines on the map. They asked Warren County Economic Development Corporation to go back, remove the connector lines, remove it from their resolutions and resubmit resolutions to both the Town of Queensbury and to Warren County which would effectively remove the three foot contiguous lines on the map and that's really all that's before us this evening. No businesses are being removed or no properties are being deleted, no additional properties are being added other then the connector lines themselves.... MR. STROUGH-This is my third time speaking to the Empire Zoning, is there any possibility that next year that we could get Warren County Economic Development Corp to give an open public Regular Town Board Meeting, 11-17-2003, Mtg #55 813 presentation of all the properties that are going to be getting Empire Zoning and have a question and answer period and something very open. COUNCILMAN BREWER- You'll be up there John, you can ask them. MR. STROUGH-Yea, I will be one of those in support of that. COUNCILMAN STEC-I think there will be three at least in favor of that. MR. PAT GREEN, Sunnyside North-In reference to the Pilot Program for West Glens Falls Emergency Squad and the EMS budget in whole, I've done some figures on my own on this and according to the other meeting, West Glens Falls Emergency Squad does approximately eighteen hundred calls a year, give or take. I've got some figures on the billing process. The average EMS call is two hundred and fifty dollars a year, that's a low figure. At sixty percent bill rate, which would be a low figure, not bill rate but recovery rate, at two hundred fifty dollars a year at eighteen hundred calls, that's four hundred fifty thousand dollars. At sixty percent recovery rate, which is low, would bring in two hundred seventy thousand dollars. I stopped up and got West Glens Falls EMS budget for 2003, was two hundred and sixty-three thousand so they more then would cover their budget. I'm not even saying to do that, but what I would like to see is, like Roger Boor, the town wide EMS, I just estimated this figure because I don't know what the other squads do, but I just figured another a thousand, at twenty-eight hundred calls at two hundred fifty is seven hundred thousand dollars, at sixty percent billing, that's four hundred and twenty thousand. If you kept your EMS budget at the same as it is right now, you're close to a million dollars, you're well on your way to having a town wide paid EMS without raising the EMS budget much. I know one of Mr. Brewer's statements was, to do something like this would be a slap in the face to the volunteers, and I disagree because the majority of the people that you're going to hire, just cause of the training they have, are going to be the same people that are doing it now. I mean, the majority of the people that Empire hires are from the different volunteer squads. COUNCILMAN BREWER-I think what I said that you didn't hear was, my impression of hiring another company and not doing the pilot program that our people brought to us would be slap in the face because those people have been volunteering in this town for fifty years doing this job and for us to not even consider using them, and we're not even talking about billing yet. MR. GREEN-Right but I think that should be talked about before we raise our EMS taxes, the billing should have been talked about a long time ago. COUNCILMAN BREWER-Not saying we shouldn't. What my point was, I'm not going to ask a volunteer to come in here at six at night to six in the morning and walk out and have somebody else come in and get paid to do it. MR. GREEN-Another thing, with this billing, you get a third party billing service but the money should go to the Town of Queensbury not the Emergency Squads and then a contract like you're providing now so that if there's a profit to be made, it's made by the Town of Queensbury not the Emergency Squads. COUNCILMAN BREWER-It has to be because we have debt, until there's no tax or no debt. MS. BETTY MONAHAN, Sunnyside Road-I'm also speaking for the Mohican Grange on Sunnyside Road, I am their Community Service Chairman and a member of the Legislation Committee. Several weeks ago Pliney Tucker came in front of this board with what I thought was an excellent suggestion, and that is that you appoint a committee to look at this EMS situation, third party billing and all that, a nonpartisan committee that would take it out of the political realm. This is not the first time this has surfaced, it surfaced several years ago and the same ramifications that you're talking about now. So, I'd like to see you follow Mr. Tucker's suggestion. .. I think you're opening up a can of worms and you're talking about third party billing. Where do you think the money is going to come from to pay the billing on these calls? SUPERVISOR BROWER-Insurance companies. MS. MONAHAN-And who pays the insurance bills? Regular Town Board Meeting, 11-17-2003, Mtg #55 814 SUPERVISOR BROWER-Public. MS. MONAHAN-There's only one pocket gentlemen that money comes from, I don't care how it's coming, state, federal, local, insurance payments come out of you and my pockets and the idea is to get it out of those pockets with the least waste and the least costs in the most cost effective manner. Insurance companies go back to where their costs come from and as soon as we start getting the cost, and I've heard of what some of Empire's bills are frankly, very high to go across the street, everybody's insurance in this area is going to go up and I ask you which do you think is the cheapest way we'll pay for this, through taxes or through insurance company premiums? Now, you have to also take into consideration and we investigated this many years ago, we spent a lot of time on it, more then just a couple of months. A lot of the calls that ambulances make are non- billable calls, you can't bill for them as far as insurances are concerned. The other point I want to make is that if you bring in third party billing, you have another cost on top and that's there overhead and their profit. I think what you're doing is a disservice to the people in this town and they're going to find more money going out of their pocket, maybe through a different avenue but the money that's coming out of our pockets is going to go up and until you can prove to me that it isn't, I would ask you to put this on hold... Now, I'm just speaking for myself, you've got Resolution 6.8 here which is a rezoning, could you tell me what the zoning adjacent to that is now? MR. ROUND, Executive Director-I don't have a map in front of me. MS. MONAHAN-The point of it is, I'm wondering if you're doing spot zoning and if you are, you better justify it. SUPERVISOR BROWER-There will be a public hearing. MS. MONAHAN-I'm not saying that, I'm saying that if you're putting a resolution on the table that means your spot zoning, you have to justify that. In other words, if this zoning is not like the zoning around it that is being requested, you have to have good justification for it. If you're only benefiting the applicant, read your New York State Law on zoning. MR. JOHN SALVADOR-Noted, I learned that on November 14th, an Article 78 Proceeding was filed in N ew York State Supreme Court challenging the constitutionality of Warren County's Local Law Number 4 and acted on October 1 ih, 2003 by the Warren County Board of Supervisors. Local Law Number 4 deals with the Occupancy Tax that was proposed to be levied in Warren County. The proceeding seeks an injunction to prevent the imposition of the Local Law on January 1,2004 on the grounds that the law is so defective on it's face that it is void as a matter oflaw. I'll just mention a few of the aspects of this. The law lacks clarity. The collection methods involved have no stated standards nor limits and allow the County Treasurer to seize property without legal notice or process ifhe concludes that someone who should have paid the tax, maybe going out of business or leaving the area, if you're assessed by the Treasurer as having a tax due and believe either that you are erroneously assessed or that the assessment is illegal or improper, according to this law, you're required to post a bond with the court representing, not only the taxes that are allegedly due but an amount equal to what the treasurer claims it will cost the county to defend the treasurer's determination, this amount to be forfeited if you fail in court. This is one of the most clear attempts ever to a bridge of citizens constitutional right to seek court protection from excessive taxes assessments and illegal government interference. The state legislature in it's haste to enable local governments like Warren County to an enact new occupancy taxes actually separately enacted four sections to Section 12-02U of the State Tax Law this year. Since the affect of each new section repeals the one enacted before it and Warren County's version was number 2 of a four section enactment, the state basically repealed the authority it had just granted to Warren County before the county enacted, acted making Local Law Number 4 an illegal local enactment and therefore a nullity. So, we'll see how this plays out but there are many, many people concerned about the flaws in this local law, the way it was put together. . . OPEN FORUM CLOSED RESOLUTIONS Regular Town Board Meeting, 11-17-2003, Mtg #55 815 RESOLUTION ADOPTING ANNUAL TOWN BUDGET FOR 2004 RESOLUTION NO.: 475,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board conducted a public hearing on November 6th, 2003 concerning the proposed 2004 Preliminary Budget and all interested persons were heard, and WHEREAS, the proposed 2004 Preliminary Budget sets forth the proposed 2004 salaries of the Town's Elected Officials as required by New York State Town Law 927, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the 2004 salaries for the Town of Queensbury Elected Officials shall be as follows: TOWN SUPERVISOR $57,096 TOWN COUNCILPERSON (4) $14,752 TOWN CLERK $54,746 TOWN HIGHWAY SUPERINTENDENT $60,101 TOWN JUSTICES (2) $35,404 and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts the 2004 Preliminary Budget presented at this meeting as the Town of Queensbury Annual Budget for 2004 and authorizes and directs the Town Clerk to enter the Adopted Annual Budget in the minutes of the Town Board proceedings, and BE IT FURTHER, RESOLVED, that a summary of the adopted Annual Budget for 2004 is as follows: Regular Town Board Meeting, 11-17-2003, Mtg #55 816 TOWN OF QUEENSBURY 2004 PRELIMINARY BUDGET BUDGET SUMMARY 2004 Preliminary Budget TAX DISTRICT Est Non-Tax Subsidy from Appropriated Amount to be Appropriations Revenues General Fund Fund Balance Raised by Taxes TOWN-WIDE GENERAL OPERATIONS 001 General Fund 7,055,850 Transfer To Other Funds 3,030,000 Total General Fund Appropriations 10,085,850 7,991,550 2,094,300 0 002 Cemetery Fund 521,733 275,400 221,000 25,333 0 004 Highway Fund 3,024,129 226,100 2,750,000 48,029 0 910 Solid Waste Fund 708,670 636,500 59,000 13,170 0 Total General Town Operations 14,340,382 9,129,550 3,030,000 2,180,832 0 005 Emergency Services - Fire FP007 2,067,053 20,880 0 2,046,173 005 Emergency Services - EMS EM001 692,812 6,120 0 686,692 Total Emergency Services 2,759,865 27,000 0 2,732,865 020 Fort Amherst L T012 7,200 100 7,100 021 Cleverdale L T009 2,160 60 950 1,150 022 Pinewood L T011 125 30 95 0 023 South Queensbury L T008 12,000 150 11,850 024 West Queensbury L T007 18,200 200 18,000 025 Queensbury L T010 62,000 2,500 38,500 21,000 Total Lighting Districts 101,685 3,040 39,545 59,100 WASTE WATER DISTRICTS 030 Pershing-Ashley-Coolidge SE005 13,330 13,330 0 031 Reservoir Park SE004 10,200 750 1,950 7,500 032 Quaker Road SE008 1,360,867 601,259 78,608 681,000 033 Technical Park SE012 14,534 14,534 0 034 Hiland Park SE011 78,215 78,215 0 035 S Queensbury/Queensbury Av SE019 67,517 47,786 19,731 036 Route 9 SE017 47,000 47,000 0 Total Waste Water Districts 1,591,663 802,874 80,558 708,231 040 Queensbury Consolidated WT013 6,063,286 2,612,066 1 ,575,220 1,721,619 040 Queensbury Consol-Exempt WT021 154,381 047 Shore Colony WT015 37,550 10,345 12,105 15,100 Total Water Districts 6,100,836 2,622,411 1,587,325 1,891,100 GRAND TOTALS 24,894,431 12,584,875 3,030,000 3,888,260 5,391,296 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to prepare and certify duplicate copies of the Adopted Annual Budget and deliver one copy to the Queensbury Town Supervisor so that he may present it to the Warren County Board of Supervisors. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Boor NOES Mr. Brower ABSENT: None Regular Town Board Meeting, 11-17-2003, Mtg #55 817 BEFORE VOTE: COUNCILMAN STEC-Just one comment, I think the Town Board knows this already but for purposes of the public record and the public in the audience, I just want to disclose one of the line item numbers for one of our nonprofit, Literacy Volunteers, it's one of the several nonprofits that the town enters into service agreements with and as of a few months ago, I was named a member of the Board of Directors to Literacy Volunteers. So, for that portion of the budget, I will abstain. I've asked the questioned whether you can abstain on a line item but I'd like to disclose that I'm a member of the Board of Directors of the Literacy Volunteers and did not participate in the discussion, as the board can attest to, in a previous meeting but I just wanted to make sure that was on record. SUPERVISOR BROWER-Yea, I don't think that would preclude you from voting on the budget though, in any case. (vote taken) SUPERVISOR BROWER stated the following during his vote: No, and the reason why I'm voting no, is I think the level of spending is higher then it needed to be. RESOLUTION AUTHORIZING ENGAGEMENT OF CUSACK & COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT TOWN OF QUEENSBURY'S FINANCIAL STATEMENTS FOR FISCAL YEAR ENDING DECEMBER 31,2003 RESOLUTION NO.: 476,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously authorized engagement of the services of Cusack & Company, CPA's (Cusack) to audit the Town of Queensbury's financial statements for the fiscal year ending December 31, 2002 and provide accounting advice to the Town throughout 2003, and WHEREAS, the Town Comptroller has been pleased with the services of Cusack and wishes to continue engagement of its services, and WHEREAS, Cusack has offered to audit the Town's financial statements for the fiscal year ending December 31,2003 at a cost not to exceed $14,200 as more specifically set forth in its letter dated October 28th, 2003, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes continuation of the auditing services of Cusack & Company, CPA's to provide auditing services to the Town of Queensbury for the year ending December 31, 2003 and provide accounting advice to the Town Regular Town Board Meeting, 11-17-2003, Mtg #55 818 throughout 2004 for an amount not to exceed $14,200 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to sign any documentation and take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 1 ih 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 EXTENSION OF TIME FOR THE MICHAELS GROUP TO INSTALL TOP-COURSE OF ASPHALT ON ROADS IN W A VERL Y PLACE SUBDIVISION RESOLUTION NO. 477,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 434,2001, the Queensbury Town Board accepted The Michaels Group, LLC's offer to dedicate to the Town of Queensbury three roads, Waverly Place, Mayfield Court and Chelsea Place, in the Waverly Place Subdivision, and WHEREAS, such Resolution stipulated that The Michaels Group install the top course of asphalt on the roads by November 19th, 2003, and WHEREAS, the Town Highway Superintendent has advised that The Michaels Group has not installed the top course of asphalt on the roads, and WHEREAS, The Michaels Group has requested that the Town Board authorize a one-year extension in which The Michaels Group must install the top course of asphalt, as the Waverly Place Subdivision is only about 2/3 complete and The Michaels Group will not finish construction in the Subdivision until approximately the summer of2004, and Regular Town Board Meeting, 11-17-2003, Mtg #55 819 WHEREAS, the Town Highway Superintendent has recommended that the Town Board grant the one-year extension to The Michaels Group provided that The Michaels Group address the Highway Superintendent's concerns pertaining to manhole covers on the roads before the winter plowing season, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a one year extension, from November 19th, 2003 to November 19th, 2004 for The Michaels Group to install the top course of asphalt on Waverly Place, Mayfield Court and Chelsea Place in the Waverly Place Subdivision, provided that The Michaels Group address the Highway Superintendent's concerns pertaining to manhole covers on such roads. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES NOES VOTE TAKEN LATER IN MEETING ABSENT: DISCUSSION: COUNCILMAN BREWER-Do we have any correspondence from Rick? SUPERVISOR BROWER-Rick has basically recommended this extension with the caveat that the Michael's Group address the issue of their sewer manhole covers... The Michael's Group has agreed to fix that before the winter plowing season, if we'll extend their ability to finish their development prior to adding the top coat. COUNCILMAN BREWER-How we have them fix the road before we give them an extension. COUNCILMAN BOOR-We're almost in snow season so if it's not done, I'm not really comfortable. SUPERVISOR BROWER-Rick apparently is, he's recommended it. TOWN COUNSEL HAFNER-Mr. Supervisor, we send all the resolutions to the Department Head that's involved before you guys see it, what I have is not a formal memo but I have where we sent it to Rick and we got back a note from Diana, with the only comment that he asked which we deleted the portion that he asked us to delete. So, we did get Rick's input and he said it was fine. COUNCILMAN BREWER-My only concern is, if we give them this extension, they don't fix the road, where are we then? TOWN COUNSEL HAFNER-We also have a letter of credit that is our collateral to make sure that if they don't do it, Rick can finish it and use the letter of credit to pay for it. COUNCILMAN BREWER-This letter dated November 10th, states that it will be done before the end of the week, is it done? TOWN BOARD held further discussion, agreed to hold resolution aside until Counsel Hafner contacts Rick or Mike after the remaining resolutions, just to verify whether the work has been done regarding the manholes... Regular Town Board Meeting, 11-17-2003, Mtg #55 820 RESOLUTION ACCEPTING BID FOR HARVESTING AND PURCHASE OF TIMBER ON TOWN OF QUEENSBURY WATER DEPARTMENT PROPERTY RESOLUTION NO.: 478,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in accordance with Town Board Resolution No.: 438,2003, the Town's Acting Purchasing Agent duly advertised for the harvesting and sale of certain timber on Town Water Department Property, and WHEREAS, JR Logging submitted the highest bid for the timber purchase in the total amount of$14,217.50, and WHEREAS, the Water Superintendent and Acting Purchasing Agent have recommended that the Town Board accept such bid, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the bid for the sale of harvesting and sale of certain timber on Town Water Department Property of JR Logging for the amount of $14,217.50, with funds received for the sale of the timber to be deposited into the proper Town Account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Water Superintendent to execute an agreement for such sale of timber in the form substantially presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Water Superintendent, Acting Purchasing Agent and/or Town Comptroller to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None Regular Town Board Meeting, 11-17-2003, Mtg #55 821 RESOLUTION AUTHORIZING PAYMENT TO BARTON & LOGUIDICE, P.C., CONSULTING ENGINEERS FOR ADDITIONAL SERVICES PROVIDED IN CONNECTION WITH LUZERNE ROAD SEWER FEASIBILITY STUDY RESOLUTION NO.: 479,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 231,2003, the Queensbury Town Board authorized engagement of the services of Barton & Loguidice, P.e. (B&L) for the provision of a sewer feasibility study in the area along Luzerne Road between the Northway and VanDusen Road in the Town of Queensbury, and WHEREAS, the Executive Director of Community Development has advised the Town Board that B&L completed the work authorized by Town Board Resolution No.: 231,2003 by providing the Town with a draft feasibility study, but it was necessary for the Town to request B&L to perform additional tasks related to the feasibility study beyond the scope of work authorized by Resolution No. 231, 2003, and WHEREAS, the Executive Director of Community Development has recommended that the Town Board authorize payment for the additional services provided by B&L for an amount not to exceed $1,500 as delineated in the Executive Director's Memorandum to the Town Board dated November lih, 2003 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the additional work provided by Barton & Loguidice, P.c. related to the Luzerne Road Sewer Feasibility Study referenced in the preambles of this Resolution for an amount not to exceed $1,500 to be paid from Engineering Services/Consultant Fees Account No.: 001-1440-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Wastewater Deputy Director, Comptroller and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 1 ih day of November, 2003, by the following vote: Regular Town Board Meeting, 11-17-2003, Mtg #55 822 AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NOo OF 2003 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS" TO DECREASE ANNUAL CHARGES FOR HILAND PARK SEWER DISTRICT AND ESTABLISH AND IMPOSE SEWER RENTS AND SET ANNUAL CHARGES FOR ROUTE 9 SEWER DISTRICT RESOLUTION NO. 480,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: _ of 2003 to amend Queensbury Town Code Chapter 136, Article XXIV entitled "Establishment of Sewer Rents," which Local Law would decrease the annual sewer rent rate in the Hiland Park Sewer District and establish and impose sewer rents and set the annual sewer rent rate for properties within the Route 9 Sewer District, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law 910, Town Law Article 16 and General Municipal Law Article 14-F, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on December 1st, 2003 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: of 2003, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. _ of 2003 in the manner provided by law. Regular Town Board Meeting, 11-17-2003, Mtg #55 823 Duly adopted this 1 ih day of November, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NOo OF 2003 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO REVISE LANGUAGE CONCERNING SPECIAL USE PERMITS AND PREEXISTING USES RESOLUTION NO.: 481,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Board wishes to consider adoption of Local Law No.: _ of 2003 to amend Queensbury Town Code Chapter 179 entitled "Zoning," specifically Article 10 "Special Use Permits", 9179-10-03 5 "Preexisting nonconforming uses" to delete references to "nonconforming" uses and more clearly set forth the requirements for requests for exemptions from comprehensive Planning Board review, and 9179-10-060 "Specific standards for special use permits" to clarify that new marinas shall comply with the standards for Class A and Class B marinas as adopted by the Lake George Park Commission and shall require the approval of the Town Planning Board, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law 910 and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on December 1st, 2003 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: of 2003, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. _ of 2003 in the manner provided by law. Regular Town Board Meeting, 11-17-2003, Mtg #55 824 Duly adopted this 1 ih day of November, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY RICK MEATH FROM SFR-IA (SINGLE FAMILY RESIDENTIAL - ONE ACRE) TO SR-IA (SUBURBAN RESIDENTIAL - ONE ACRE) RESOLUTION NO.: 482,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Queensbury Town Board is considering a request by Rick Meath to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 288- 1-64 and 288-1-63 located at the corner of West Mountain Road and Gurney Lane in the Town of Queensbury from SFR-IA (Single Family Residential- One Acre) to SR-IA (Suburban Residential- One Acre), and WHEREAS, on or about August 18th, 2003, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation and consenting to the Planning Board acting as Lead Agency for SEQRA review of the project, and WHEREAS, on or about October 28th, 2003, the Queensbury Planning Board considered the proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning application, and WHEREAS, on or about October 8th, 2003, the Warren County Planning Board considered the proposed rezoning and made a recommendation of "No County Impact," and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law 9265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, December 1 st, 2003 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to Regular Town Board Meeting, 11-17-2003, Mtg #55 825 hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby property owned by Rick Meath bearing Tax Map No.: 288-1-64 and 288-1-63 and located at the corner of West Mountain Road and Gurney Lane in the Town of Queensbury would be rezoned from SFR-IA (Single Family Residential - One Acre) to SR-IA (Suburban Residential - One Acre), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law 9265, the Town's Zoning Regulations and the Laws of the State ofN ew York. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None BEFORE VOTE: COUNCILMAN BOOR-I would like to make one comment, I'm going to be going to my second meeting with a group of School Board Members and Administrators from the School and the topics that come up and we talk about the most are, what we do as a board and how we influence the population and the impact it has on the schools. And although this application that we're going to be hearing is in the Lake George School District, I think it's important for the public to realize that, and as Betty pointed out, these are important issues, not be taken lightly and I think it behooves everybody to follow any type of zoning change and really be aware of all of the zoning in the town. So, I would encourage everybody to attend this meeting, it does impact you, it's not just you're property taxes, anybody that's a property owner knows that the biggest burden of a taxpayer is the school tax. So, these are important issues and I encourage everybody to attend. Regular Town Board Meeting, 11-17-2003, Mtg #55 826 (vote taken) RESOLUTION TO AMEND 2003 BUDGET RESOLUTION NO.: 483,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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: BUILDING AND CODES FROM: TO: $ AMOUNT: 01-3620-4220 (Training & Education) 01-3620-1070 (B&C - PT Clerk) 600. BUILDING AND GROUNDS FROM: TO: $ AMOUNT: 01-1620-4070-29 (Building Repair) 01-1620-2001 (Misc. Equipment) 376. CEMETERY FROM: TO: $ AMOUNT: 02-1680-2031 (Computer Hardware) 02-8810-4230 (Purchase of Water) 300. COMMUNITY DEVELOPMENT FROM: TO: $ AMOUNT: 01-8020-4400 (Misc. Contractual) 01-8020-4090 (Conference Expense) 500. Regular Town Board Meeting, 11-17-2003, Mtg #55 827 01-8010-4090 (Conference Regis.) 01-8010-1915-0002 (Office Specialist -Proj. OT) 350. 01-8010-4090 (Conference Regis.) 01-8010-4400 (Misc. Contractual) 120. WATER FROM: TO: $ AMOUNT: 40-1680-4100 (Telephone) 40-8310-4030 (Postage) 206. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION APPROVING YEAR 2002 VOLUNTEER AMBULANCE WORKER SERVICE AWARD PROGRAM RECORDS FOR NORTH QUEENSBURY RESCUE SQUAD, INCo RESOLUTION NO.: 484,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously authorized engagement ofPENFLEX, Inc., to provide the 2002 Standard Year End Administration Services for the Town's Volunteer Ambulance Workers Service Award Program, and WHEREAS, as part of the Service Award Program, it is necessary that the Town Board approve each Emergency Squad's Year 2002 Service Award Program Records, and WHEREAS, the Town Supervisor's Office has received and reviewed the records from the North Queensbury Rescue Squad, Inc. and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT Regular Town Board Meeting, 11-17-2003, Mtg #55 828 RESOLVED, that the Queensbury Town Board hereby approves the 2002 Volunteer Ambulance Worker Service Award Program Records for the North Queensbury Rescue Squad, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND AND RESTATE DEFERRED COMPENSATION PLAN FOR TOWN OF QUEENSBURY EMPLOYEES RESOLUTION NO.: 485,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5 of the New York State Finance Law ("Section 5") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of the Town of Queensbury (the "Model Plan") and offers the Model Plan for adoption by local employers, and WHEREAS, the Town of Queensbury, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of the Town of Queensbury, WHEREAS, effective January 1, 2003, the Board amended the Model Plan to adopt provisions relating to regulations pertaining to Section 457 and Section 401(a)(9) of the internal Revenue Code, technical amendments to the Economic Growth and Tax Relief Reconciliation Act of 200 1 ("EGTRRA ") as they apply to the Model Plan and to adopt modifications that update certain administrative provisions, and WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations, and Regular Town Board Meeting, 11-17-2003, Mtg #55 829 WHEREAS, upon due deliberation, the Town of Queensbury has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of the Town of Queensbury by adopting the amended and restated Model Plan, and WHEREAS, the Deferred Compensation Committee has decided to permit loans under this plan, and has established clear procedures for the administration of loans, a copy of which is attached, in accordance with Section 6.5 of the Model Plan Document, with Section 9001.4 of the Rules & Regulations, and with Sections 457 and 72(p) of the Internal Revenue Code and any Treasury Regulations promulgated thereunder, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby amends the Deferred Compensation Plan for Employees of the Town of Queensbury effective November 1 ih, 2003 by adopting the amended and restated Model Plan effective January 1, 2003, a summary of such changes to the Model Plan being attached to this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Comptroller to sign any documentation and take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT TO DEFERRED COMPENSATION PLAN ADMINISTRATIVE SERVICES AGREEMENT RESOLUTION NO.: 486,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Hartford Life Insurance Company (Hartford Life) entered into an Administrative Services Agreement (Agreement), effective January 28, 2002 with the Town of Queensbury (Plan Sponsor) to provide certain nondiscretionary recordkeeping, reporting and processing services to the 457 Deferred Compensation Plan (Plan) on behalf of the Plan Sponsor, and Regular Town Board Meeting, 11-17-2003, Mtg #55 830 WHEREAS, Hartford Life and the Plan Sponsor desire and agree to amend the Agreement, NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends the Administrative Services Agreement to the Town's 457 Deferred Compensation Plan by adding a new Section 5.5. as follows: "5.5 Participant Loans - The Plan Administrator shall notify Hartford Life in writing of each Participant the Plan Administrator has determined is entitled to receive a loan under the terms of the Plan. Such notice shall include a copy of the loan agreement and promissory note. Loan requests will be processed within one business day following receipt by Hartford Life and the distribution will be mailed within three business days following trade settlement. Loans from a Participant's Account will be accounted for separately and repayments of the loans will be allocated to the Participant's Account in accordance with the instructions filed with Hartford Life by the Plan Administrator. The Plan Administrator shall notify Hartford Life in writing of any Participant loan it considers to be in default. For loans in default, where Hartford Life processed and distributed such loan, Hartford Life will prepare and file the appropriate federal tax reporting form. The provisions of Section 5.4 shall also apply to tax reporting under this paragraph." and BE IT FURTHER, RESOLVED, that this Amendment shall be made a part of the Agreement effective immediately upon execution by both parties, and BE IT FURTHER, RESOLVED, the Town Board authorizes and directs the Town Supervisor and/or Town Comptroller to sign the Amendment to Administrative Services Agreement and any other documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES NOES ABSENT: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner None None Regular Town Board Meeting, 11-17-2003, Mtg #55 831 RESOLUTION AUTHORIZING AMENDMENT TO TOWN OF QUEENSBURY EMPLOYEE HANDBOOK BY DELETING SECTIONS 1013 AND 1018 AND CREATING A NEW SECTION 1013 TO BE ENTITLED "SOLICITATIONS AND DISTRIBUTIONS POLICY AND POLICY FOR SUPPORT OF CHARITIES" RESOLUTION NO.: 487,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board wishes to amend its Employee Handbook by deleting current Section 1013 "SolicitationslDistributions" and Section 1 0 18 "Support of Charities" and creating a new Section 1 0 13 entitled, "Solicitations and Distributions Policy and Policy for Support of Charities," NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the amendment of the Town of Queensbury's Employee Handbook by deleting current Section 1013 "SolicitationslDistributions" and Section 1 0 18 "Support of Charities" and creating a new Section 10 13 entitled, "Solicitations and Distributions Policy and Policy for Support of Charities," to read as follows: "SOLICITATIONS AND DISTRIBUTIONS POLICY AND POLICY FOR SUPPORT OF CHARITIES The Town of Queensbury believes that its employees should not be subjected to pressure from co-workers or from anyone else to contribute to any cause or for any purpose, or to join any organization. Solicitation can create feelings of ill will between co-workers. Additionally, the distribution of literature and other materials can create an untidy and possibly even unsafe environment. However, the Town recognizes the benefits gained from solicitation of certain charitable causes and so permits solicitation and distribution subject to the following. Rules regarding solicitation/distribution will be strictly enforced and violations may result in discipline up to and including discharge. 1. During working hours, employees may not engage in the distribution of literature or materials or solicitation of donations in any form, in any area to which the public has access. Regular Town Board Meeting, 11-17-2003, Mtg #55 832 2. Except as otherwise set forth herein, no employee may engage III any form of solicitation or in the distribution of literature or materials during the time they are expected to be working, and no employee may solicit or distribute materials to other employees while those employees are expected to be working. 3. During working hours, no employee may engage in any form of solicitation or in the distribution of any literature or other material on Town property to the general public, friends, or families. 4. Any literature or materials distributed by a Town employee to coworkers and/or distributed on Town property must include a notation indicating, in the case of a solicitation, that the event or product is not a Town activity or Town product and in the case of literature a statement that it does not necessarily represent the position or views of the Town. 5. All solicitations and distributions must be conducted in a non-discriminatory manner and must comply with the Town's Equal Employment Opportunity Policy, Fair Treatment Policy and Sexual Harassment Policy. 6. Solicitation or distribution of literature or materials by an employee on Town property requires approval of the Town Supervisor. 7. A. The Town of Queensbury recognizes its responsibility as a 'good neighbor' with area residents, businesses and organizations contributing to quality of life for all of our citizens. B. Although limited by resources and State Laws as to the financial support it can contribute to worthy causes, the Town desires to facilitate the voluntary charitable contributions and involvement of its employees. c. Employees are gIven reasonable latitude in representing authentic local charities to their fellow employees on the job site. As long as charitable activities are not excessive and do not interfere with any employee's job performance, in the judgment of Department Managers and/or the Town Supervisor, modest fund raising via sale of small items, solicitation of contributions and recruiting for participation in charitable activities is permissible in the workplace. 8. A. The Town of Queensbury will facilitate employees' voluntary financial support of the Tri-County United Way by affording employees the option of contributing through weekly payroll deduction. The Town Supervisor may approve annual onsite presentations by the United Way staff Regular Town Board Meeting, 11-17-2003, Mtg #55 833 and volunteers, during business hours, to inform employees about the various charities and organizations supported by United Way. B. Although encouraged to contribute to, and participate in, charitable activities of their own choosing, employees may in no way be imposed upon by fellow employees, managers, or elected officials to support United Way or any other charity. C. Any employee who feels there has been a violation of this Policy shall bring the matter to the attention of his/her Department Manager immediately. If he/she is unable to discuss the matter with the Department Manager, then he/she may take the complaint directly to the Town Supervisor. " and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to distribute copies of this Resolution to all Town employees and amend the Employee Handbook accordingly. Duly adopted this 1 ih day of November, 2003 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AMENDING AND RESTATING BOND RESOLUTION TO PROVIDE ADDITIONAL DETAILS REGARDING THE MAXIMUM ESTIMA TED COST AND PLAN OF FINANCING CONCERNING THE SOUTH QUEENSBURY -QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 488,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, on February 25th, 2002, the Queensbury Town Board adopted Bond Resolution No.: 125, 2002 relating to the duly established South Queensbury-Queensbury Avenue Sewer District, and Regular Town Board Meeting, 11-17-2003, Mtg #55 834 WHEREAS, subsequent to that date, bids for construction of the Project came in which exceeded the expected cost of the Project, and WHEREAS, the higher project cost required an Amended and Restated Bond Resolution No.: 313,2002 authorizing the issuance of up to cost of One Million Three Hundred Sixty-Seven Thousand Five Hundred Ninety One Dollars ($1,367,591) in serial bonds and/or bond anticipation notes, and WHEREAS, the New York State Environmental Facilities Corporation has requested that the Town Board provide additional details concerning the Project's maximum estimated cost and plan of financing, NOW, THEREFORE, BE IT RESOLVED, that the maXImum estimated cost of the South Queensbury-Queensbury Avenue Sewer District Project is Two Million One Hundred Forty One Thousand Ninety One Dollars ($2,141,091), and BE IT FURTHER, RESOLVED, that the plan for financing of such maximum estimated cost is: (1) a portion of a $600,000 U.S. Department of Commerce-Economic Development Administration Grant in the amount of 50% of the Project cost up to $72,000. (The remaining $528,000 of the grant will be used for improvements to the Washington County Sewer District #1); (2) NYS Department of Environmental Conservation Clean Water/Clean Air Bond Act Grant in the amount of$300,000; (3) $325,000 purchase offuture capacity in the QASD; (4) $76,500 total reimbursement and donation of right-of way from NIMO; and (5) issuance of Bonds and/or Bond Anticipation Notes by the Town of Queensbury on behalf of the QASD, hereby authorized to be issued pursuant to the Local Finance Law in an amount up to $1,367,591. and BE IT FURTHER, RESOLVED, that the Amended and Restated Bond Resolution is hereby affirmed and ratified and remains in effect in its totality as modified by the above information. Regular Town Board Meeting, 11-17-2003, Mtg #55 835 Duly adopted this 1 ih day of November, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION OF SUPPORT AND CONCURRENCE WITH WARREN COUNTY EMPIRE ZONE RESOLUTION NO.: 489,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, New York State has created the Economic Development Zone program to encourage industrial and commercial development in selected municipalities across the State, and WHEREAS, Warren County, as an eligible municipality, received designation of an Empire Zone made up of sub-zones including portions of the City of Glens Falls, Town of Queensbury, Town of Lake George, Town of Warrensburg, Town of Chester, Town of Johnsburg, Town of Bolton, Town ofHoricon, Town of Lake Luzerne and the Town of Thurman, and WHEREAS, the Town of Queensbury is committed to the development of new business within the proposed sub-zone, and WHEREAS, by Town Board Resolution No. 446,2003, the Town Board supported and concurred with Warren County's Empire Zone revision application, and WHEREAS, after a review of the Empire Zone revision application at the State level, the State has suggested that the connector lines be removed in the Town of Queensbury, and WHEREAS, deletion of such connector lines does not change the revisions previously approved by the Town Board in Resolution No. 446, 2003, and WHEREAS, the Town Board wishes to support and concur with the Empire Zone revision application with the connector lines removed as requested by the State, NOW, THEREFORE, BE IT Regular Town Board Meeting, 11-17-2003, Mtg #55 836 RESOLVED, that the Queensbury Town Board, in its capacity as governing body of the Town of Queensbury, does hereby support and concur with the Warren County Empire Zone revision application to include: . The addition of 1.47 acres to include tax parcel number: 288.12-1-19 . The addition of .28 acres to include tax parcel number: 288.12-1-20 . The addition of .95 acres to include tax parcel number: 289.15-1-2 . The addition of 1.19 acres to include tax parcel number: 296.9-1-2 . The addition of6.00 acres to include tax parcel number: 295.8-1-9 . The addition of 51.00 acres to include tax parcel number: 288.20-1-20 . The addition of .55 acres to include tax parcel number: 295.12-1-3 . The deletion of .13 acres to include tax parcel number: 288.20-1-18 . The deletion of .11 acres to include tax parcel number: 288.20-1-19 . The deletion of2.71 acres to include tax parcel number: 288.20-1-20 which parcels and tax map numbers must coincide exactly with the map presented at this meeting and made a part hereof in order to be effective, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to inform the Warren County Board of Supervisors of this action and take any and all actions necessary to effect this Resolution. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower NOES Mr. Boor ABSENT: None ABSTAIN: Mr. Turner BEFORE VOTE: SUPERVISOR BROWER-Once again, I won't go through the whole thing but basically it's the same map, with the same businesses, the same properties that were be adding before, have been added, the same properties that were being deleted before are deleted. There's no change from the previous resolution except for the three foot connector zones within the Town of Queensbury and other then that, it's consistent with our previous resolution which was passed unanimously. Or maybe it wasn't passed unanimously. COUNCILMAN BOOR-Yes, if! might take a little bit of time. I think I've made it fairly clear to the public I felt this program was run, I think Dennis has given some what of an indication why we're here tonight. I'd first like to start by reading an actual memo we most recently received from the Warren County Empire Zone Board and it reads, recently the Town of Queensbury passed a resolution for the 2003 Empire Zone Boundary Amendment. After review of this amendment at the state level, the state has suggested that the connector lines be removed in the Town of Queensbury. That change is reflected on the enclosed map. The deletion of these connector lines does not affect any business that you previously approved and all other measures that you approved remain the Regular Town Board Meeting, 11-17-2003, Mtg #55 837 same. I spoke with Allen Heavessee who is the State Comptroller and had a copy of the Empire Zone sent to me, the state's copy and interesting reading. The unfortunate, I'm not going to, everything that you see highlighted is an inconsistency with how it is being run in Warren County and how the state views this program to go. I'm not going to go through this whole thing, it's fifty pages, but if you remember at our last meeting, I requested from the board that I'd be allowed to write a letter to which they said that would be fine, we'd like to review and I thought I would have more time to write it but as it is, here they are again seeking another change. So, what I would like to do, is read this letter which I'll be forwarding to the Warren County Zone Administrative Board and if other members of the board would like to have their names add to it, I'd be more then happy to do that. (read the following letter into the record) Our latest correspondence from the administrative board is yet another request for acceptance by the Queensbury Town Board of the latest additions and boundary amendments to our Queensbury portion of the Empire Zone. It's neither surprising nor unwarranted that New York State has rejected the methods most recently employed by the Warren County Administrative Zone Board, methods that included applications of parcels that are not contiguous with any current Empire Zone. New York State's rej ection of these methods, is the very reason we are here tonight. In an effort to circumvent the intent and in essence to show total disregard for this state tax payer's subsidize program, the Warren County Zone Administration Board has employed the method of creating two foot wide corridors up the centers of roads and highways, some of great length in an effort to satisfy the requirement that beneficiaries must be in a zone or share common boundary lines or in other words, be contiguous properties. This loophole or local interpretation of contiguous was rightfully closed by the state overseers, never the less, this attempt reflects badly on our community. As a community we can complain about high state taxes and at the same time allow such ploys or condone this type of behavior of appointed officials. The use of two foot wide connecting corridors ultimately resulted in the misuse of taxpayer dollars. The Empire Zone, if administered as it was intended could and should offer us all an opportunity to benefit from the expansion of existing businesses and the introduction of new businesses within legitimate zones. The Empire Zone program is supposed to create quality jobs, jobs that pay well, provide benefits and encourage entrepreneurial spirit. These must however occur in designated zones, thus, the very name of the program, Empire Zones. As disturbing as this is, the real problem that this board faces, that this board has faced since the beginning or inception of the program is the lack of communication from the Warren County Zone Administration Board. All information and more importantly, the criteria used for qualification of Empire Zone credits in Queensbury, or the state for that matter, has never been shared with this board, the Queensbury Town Board. I don't think I'm overstating this situation when I say that the administrative board has treated this information as their intellectual property. Only after repeated attempts, were we able to get maps and identifications of the perspective properties, businesses and their owners. Originally, we were just given tax map numbers and told that the information we were requesting was sensitive. I'm not quite sure how we are supposed to make a determination without knowing just what kind of business we were approving. I doubt there's a Board Member sitting at this table that can tell you why some businesses that have retail components are accepted and some are denied. I'm still left, almost two years into a program wondering what percentage of a business can be retail and receive credits and Queensbury. I thought all retail was prohibited from receiving Empire Zone credits in Queensbury, a notion that I have read in the paper but the written origin of which I can only ponder. I have never been provided with regulations and a criteria that apply for zone status inclusion for the Town of Queensbury. Wouldn't one have to have this before they can concur or not with a list of candidates seeking an inclusion? Why has the administrative board never approached or sought advice from Queensbury's Community Development Director? Does Queensbury have a say or input in the process or are we just to rubberstamp a board's choices, a board that in my mind, has abused and misinterpreted the most elementary provision of the program, that being what constitutes a zone. Article 18B Section 961 , New York State Empire Zone states, no application for designation of an area as an Empire Zone pursuant to this article shall be accepted unless the applicant demonstrates that it has, to the maximum extent feasible, solicited and considered the views of residents of the proposed zone. The views of state and local officials elected to represent such residence and a local private organizations representing such residents. It is probably also appropriate at this time to state that we have been told that we must say yes or no to the entire list and are not allowed to make a determination of any individual application. The package of applicants is just that, a Regular Town Board Meeting, 11-17-2003, Mtg #55 838 package. We must accept all or none, a method that punishes the deserving and allows inclusion of those that might not be deserving. I have not found anywhere in the state literature that this is the way it must be done and current methods being employed by the Warren County Zone Administration Board are contrary to Section 961. One has to ask why and is the state aware of this practice. We have no intention of micromanaging this program but I must I say, we resent having to swallow a poison pill and the current methods Warren County is using are just not in compliance with the state regulations. Also, under section 958, criteria for Empire Zone Designation, there must be and I quote, "A comprehensive demonstration of chronic and severe economic distress and the reasons therefore, as evidence by population and employment decline". We just had a gentleman here earlier say that in the last ten years, Queensbury's grown by ten thousand people. Increase in unemployment and public assistance program, decline in real property values. This gentleman that was here a little while ago, said that in the last three years, housing costs have gone up thirty-five percent. Relative decline of per capita income. The extent of abandoned property and deteriorated Industrial, Commercial and Residential properties, and on and on. I ask any resident of Queensbury, truthfully, is this how you see your community? I think not. Tonight, as in the past, we're being asked to do the impossible and that is, make a decision with little or no information about qualifying criteria for the Town of Queensbury or the appropriateness and nature of businesses seeking taxpayer benefits under this program. Why have we not been offered the common courtesy of this list of criteria and more importantly, does one even exist? I can state emphatically that many of the applicants do not meet state requirements, not the least of which of these and I quote, the first sentence of Section 958 New York State Empire Zones, criteria for Empire Zone Designation, A "to be eligible for designation as an Empire Zone, an area must be characterized by pervasive poverty, high unemployment and general economic distress", etcetera, etcetera. Do you realize that the very room and neighborhood this room is in where you sit right now, would have to be accepted as an area of pervasive poverty, high employment and economic distress, because a new building directly out that window, a building that is coincidently on the list of potential recipients before us tonight and this so called zone because of a lengthy two foot connecting strip for another area that also does not meet the state requirements for inclusion. I think the fact that the state requires our blessings before any properties in the town can receive Empire Zone status, mandates that we know the rules for inclusion. The Warren County Empire Zone Administration Board needs to meet as a group with this board and the public in an open forum and explain themselves and provide us with the criteria that applies when businesses seek Empire Zone status in the Town of Queensbury. Until such time, I think we would be doing a tremendous disservice to our taxpaying constituents as well as those businesses applying for inclusion. Until such time as we receive this information, I will be forced to abstain from voting on this resolution, in essence a no vote. I feel very badly for any disserving candidates in this latest round of applicants but without that criteria, I have no way of evaluating if you actually qualify. We should, by state law, be allowed to review all applications on an individual basis and in public settings. Your complaints should be with the Warren County Empire Zone Administration Board in their reluctance to educate this board, the public and any interested party, just what the rules of the game are. Sincerely, Roger Boor (vote taken) RESOLUTION AUTHORIZING MODIFICATIONS TO EXISTING EMERGENCY POWER AT TOWN OFFICE BUILDING RESOLUTION NO.: 490,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec Regular Town Board Meeting, 11-17-2003, Mtg #55 839 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 WHEREAS, the Town's Facilities Manager has advised the Town Board that it is necessary to make modifications to the existing emergency power at the Town Office Building, and WHEREAS, the Facilities Manager requested and received proposals from contractors for this work, and WHEREAS, the Facilities Manager is requesting Town Board approval to hire the lowest bidder for this work, Gross Electric, Inc., for an amount not to exceed $16,400, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town's Facilities Manager obtaining the materials from and engaging the services of Gross Electric, Inc., to make the necessary modifications to the Town Office Building's existing emergency power as set forth in Gross Electric, Inc.,'s September 15, 2003 proposal presented at this meeting for an amount not to exceed $16,400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes a 2003 Budget amendment and transfer of $16,400 from Contingency Account No.: 001-1990-4400 to Account No.: 001-1620-4400 to pay for this project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the 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 1 ih day of November, 2003, by the following vote: AYES NOES ABSENT: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor None None Regular Town Board Meeting, 11-17-2003, Mtg #55 840 RESOLUTION SETTING PUBLIC HEARING ON QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INCo'S PROPOSAL TO PURCHASE PIERCE CUSTOM ENFORCER PUMPER TRUCK RESOLUTION NO.: 491,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it wishes to purchase a Pierce Custom Enforcer Pumper Truck for a sum not to exceed $357,500 including modification costs, and WHEREAS, the Fire Company plans on paying for the Pumper Truck by using $185,000 in funds from its Restricted Vehicle Fund, including the Town's 2004 contract payment, and borrowing $185,000 from a local bank for a period of five years, and WHEREAS, the Town Board feels that this new vehicle will provide additional safety protection for the Town, and WHEREAS, the Town Board wishes to set a public hearing concerning the Fire Company's borrowing in case it is to be tax-exempt financing, which requires such a public hearing under the Internal Revenue Code, WHEREAS, the Town Board wishes to set a public hearing concerning the proposed Pumper Truck purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed purchase of a Pierce Custom Enforcer Pumper Truck by the Queensbury Central Volunteer Fire Company, Inc., and the possible partial financing of this by the Fire Company using tax-exempt financing, on December 1 st, 2003 at 7:00 p.rn., and Regular Town Board Meeting, 11-17-2003, Mtg #55 841 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 Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None BEFORE VOTE: TOWN COUNSEL HAFNER recommended the following changes to the resolution: Add, Whereas, the Town Board wishes to set a pubic hearing concerning the fire companies burrowing in case it is to be tax exempt financing which requires such a public hearing under the Internal Revenue Code, In the first Resolved, that the Queensbury Town Board shall conduct a public hearing concerning the proposed purchase of a Pierce Custom Enforcer Pumper Truck by the Queensbury Central Volunteer Fire Company, Inc. (add the following language) and the possible partial financing of this by the fire company using tax exempt financing, on December 1, 2003 at 7:00 p.m. Councilman Stec and Councilman Turner agreed to recommended changes. (vote taken) (Town Counsel Hafner left meeting room to call Rick Missita or Mike Travis) TOWN BOARD DISCUSSIONS COUNCILMAN BOOR - None COUNCILMAN TURNER-I'm still working on the lights and I'll be looking at the one at Laurel Lane and I'll probably have that for the next meeting. COUNCILMAN STEC-I did get a call from somebody and I'm working on this with Kathleen Kathe, but just to bring the board up to speed, I got a call of concern from a senior about the busing, the senior bus that runs Monday, Tuesday, Thursday, Friday. Kathleen is working on getting me some answers but apparently it stopped running on Monday and Friday and I believe the person was told or lead to believe that the Monday and Friday runs were funded by the town and Kathleen told me today, it's the Tuesday, Thursday runs that have historically been covered by the town. I'll find out what happened to the Monday and Friday so I can get back to that individual but if there's any other seniors that are listening or in the audience that are experiencing difficulties, I guess the bus schedule did change but it was necessarily the town's fault. COUNCILMAN BREWER-Why did they change? COUNCILMAN STEC-I don't know, Kathleen was going to get back to me, I think there's a meeting tomorrow and there's another meeting Friday. So, hopefully by the end of the week she'll have a couple of answers for me. I am, I asked Chris to keep us abreast of the Eagan Road and Regular Town Board Meeting, 11-17-2003, Mtg #55 842 what's going on there because I have been fielding calls on Eagan Road and the fill issue there that we read about in the newspaper a while back. SUPERVISOR BROWER-I have a couple of things but they're pretty brief. Last Thursday, we had John Bagyi come from Albany to conduct a sexual harassment training as well other discrimination training for all employees in the Town of Queensbury. Each session was about two hours in length and from the response I've had from Department Managers and employees alike, it was very well received. They felt it was very well done and it indicated, they weren't really aware of the financial exposure they could personally be subject to when events occur and he made it very clear what could indeed happen and I think was an eye opener for many employees and hopefully it will improve our awareness of the situation, any type of discrimination whether it be racial or ethnic or gender or sexual. So, I felt it was a fine training, it's the best, I've had several trainings of this nature through various organizations and it's the finest one I've participated in. So, I too concur that it was well worth doing and I was very pleased with Mr. Bagyi's presentation to Town Managers and Elected Officials which was the afternoon session. That brings me to actually another point that I would like to mention. Our attorney's informed us today, I was very pleased to learn that the State Division of Human Rights had received a complaint from JoAnn Hicks against the Town of Queensbury and that complaint was investigated by the town and by the Division for Human Rights, it was about a year ago, not quite a year ago but the investigation found no action that points to any retaliation by the respondent because complainant reported her concerns about behavior she perceived as sexual harassing, the complainant continues to be employed by the respondent in her previous position, the complainant has thus failed to support her claim of sexual harassment and hostile work environment and retaliation for opposing discrimination in the work place. Based on these facts, therefore no violation of the New York State Human Rights Law was found. I was particular pleased with that, I wasn't surprised at all but certainly any claim of sexual harassment or retaliation by an employer has to be taken very seriously. It has potential consequences on the employer and potentially individuals and I was very pleased that we've been vindicated of those allegations. I just wanted to report it on the record because the original incident was reported on the record in the Post Star, and many times you never hear the resulting conclusion of a situation like this. That's all I have this evening. TOWN COUNSEL HAFNER-I do have a report, I talked with the Deputy Highway Superintendent who got the Highway Superintendent, he said the he did not stop by today, he does not know whether or not the work was done but that he recommends that you pass the resolution. He doesn't see any issue with him doing his job. Mike Travis also recommended. RESOLUTION AUTHORIZING EXTENSION OF TIME FOR THE MICHAELS GROUP TO INSTALL TOP-COURSE OF ASPHALT ON ROADS IN W A VERL Y PLACE SUBDIVISION RESOLUTION NO. 477,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 434,2001, the Queensbury Town Board accepted The Michaels Group, LLC's offer to dedicate to the Town of Queensbury three roads, Waverly Place, Mayfield Court and Chelsea Place, in the Waverly Place Subdivision, and WHEREAS, such Resolution stipulated that The Michaels Group install the top course of asphalt on the roads by November 19th, 2003, and Regular Town Board Meeting, 11-17-2003, Mtg #55 843 WHEREAS, the Town Highway Superintendent has advised that The Michaels Group has not installed the top course of asphalt on the roads, and WHEREAS, The Michaels Group has requested that the Town Board authorize a one-year extension in which The Michaels Group must install the top course of asphalt, as the Waverly Place Subdivision is only about 2/3 complete and The Michaels Group will not finish construction in the Subdivision until approximately the summer of2004, and WHEREAS, the Town Highway Superintendent has recommended that the Town Board grant the one-year extension to The Michaels Group provided that The Michaels Group address the Highway Superintendent's concerns pertaining to manhole covers on the roads before the winter plowing season, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a one year extension, from November 19th, 2003 to November 19th, 2004 for The Michaels Group to install the top course of asphalt on Waverly Place, Mayfield Court and Chelsea Place in the Waverly Place Subdivision, provided that The Michaels Group address the Highway Superintendent's concerns pertaining to manhole covers on such roads. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None ATTORNEY MATTERS TOWN COUNSEL HAFNER-Noted decision for the town, which Supervisor Brower just announced... Also, at the last meeting the Town Board had asked us to look into noise ordinance that Glens Falls had dealing with trash. We have gotten a copy of it, we've confirmed the town's authority to regulate it. The city's appears to be ten at night to seven in the morning, that they can't pickup and deliver. So, if the Town Board is interested in us moving forward, will need some guidance on the hours and we can put it together and provide it back to you. I think I heard ten to SIX. TOWN BOARD held brief discussion, agreed to proceed further and recommended the hours often at night to six in the morning. SUPERVISOR BROWER-I'd like thank both Evergreen Bank and the Community Insurance for sponsoring this Town Board Meeting and the following meetings until the first of the year. They've agreed to split the cost until the end of the year and we'll have to negotiate another agreement from the first of the year forward with either these sponsors or new sponsors. But they've been very Regular Town Board Meeting, 11-17-2003, Mtg #55 844 gracious in enabling the public to have access to our Town Board Meetings through TV 8 and also through cable access 71. COUNCILMAN BREWER-Suggested a questioner to the residents in the Town Report as to whether they want us to continue airing the Town Board Meetings? COUNCILMAN STEC-Recommended putting it on the town's website too. RESOLUTION TO ADJOURN MEETING RESOLUTION NO.: 492,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Regular Town Board Meeting. Duly adopted this 1 ih day of November, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY