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2004-02-23 MTG9 REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 342 REGULAR TOWN BOARD MEETING MTG#9 RD FEBRUARY 23, 2004 RES#119-144 7:10 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH 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 PARKS AND RECREATION DIRECTOR, HAROLD HANSEN BUDGET OFFICER, JENNIFER SWITZER SUPERINTENDENT OF CEMETERY, MICHAEL GENIER POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN STROUGH PUBLIC HEARINGS EMERGENCY AMBULANCE SERVICE AGREEMENTS FOR 2004 OPENED NOTICE SHOWN SUPERVISOR STEC-We have met several times with leadership and membership of the three Rescue Squads in the Town. I know that the Post Star reported on our progress and for the most part the agreements are similar to years past. It is a one- year agreement for 2004, and there was talk of consolidation while we’re going to do a little more research on it the current contract does not mandate or include consolidation. There are basically two new paragraphs that are substantial changes to the pervious contracts besides these two paragraphs they are more or less the same contracts that we’ve had in the past. The only other difference really would be the budget numbers, which we can get into in a bit. With that, I would ask the Town Clerk to read Paragraph II and III. We posted the public hearing a while ago they were available for the public I understand there are not too many copies left in the Clerk’s Office. Since we have members of the public here and the Press and TV 8 we will go ahead and read these two new paragraphs. DEPUTY TOWN CLERK O’BRIEN-Town Sponsored EMS Study. In an effort to maximize quality EMS service to the Town at an appropriate cost, the Town will hire a consultant to study the Town’s EMS system to analyze in detail the best EMS practices and organization, and to provide a report to the Town. The Rescue REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 343 Squad agrees to participate and cooperate with the Town’s consultant, including data collection and analysis. Town Implementation of Bill of Service. The Town intends to go forward with bill for service (i.e., third party billing) this year. The Town’s goal is to reduce and eliminate the Town EMS tax. The parties’ objective is to maintain and improve the high level of quality service provided to Town residents while minimizing the impact on Town taxpayers. The Town will form a committee to help move forward with third party billing. The committee will consist of two (2) Town Board members and one (1) member from each of the three (3) EMS Squads in existence at the beginning of 2004: Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc. and West Glens Falls Emergency Squad, Inc. Each Squad will pick its own representative. The committee will make a recommendation to the Town Board concerning the proposed Request for Proposals the Town Board will issue for third party billing and, after the Town receives the proposals, the committee will review them and make a recommendation to the Town Board concerning the proposals and a proposed contract with a third party EMS billing. Then the Town will enter into an acceptable contract with a third party for EMS billing so that the Town can receive these fees for such service allowing the reduction and hopefully elimination of the Town EMS tax. SUPERVISOR STEC-As, I mentioned previously we all met several times the three Rescue Squads in the Town. As Karen read we will be appointing two members to a recommendation committee. The contract calls for one from each of the three Rescue Squads. We will ask for those squads to provide us a letter saying whom their designee is we will be proceeding with an RFP from the Town in the near future. If the Rescue Squads know of any third party billers that they would like us to specifically make sure are aware of the RFP we would welcome that. I would also say there are a few others in the area that we’re aware of that we will be inviting. In addition to that last week several members of the Town Staff and Deputy Supervisor and myself went down to the Association of Towns Conference there was a vendor there that we thought was very interesting from Suffern, New York. We were impressed with some of the conversations that we all had with them enough to ask them in the near future we would be inviting them to participate in the RFP, too. Hopefully we will put together a good RFP that will help us reach the goal of eliminating in the very near future the Town’s EMS Tax, which is thirty seven cents per thousand without negatively impacting the quality of care, the availability of care. In my last seven weeks on the job I’ve talked with several Town Supervisors that have successfully implemented a bill for service. The intention is in the negotiation for the third party billing we will be meeting and spelling out what our concerns are so that we make sure that we don’t bite off more than we can chew. We certainly don’t want to become a collection agency driven purely by profit motive. Again, Warrensburg, Corinth, North Warren, and Colonie have all successfully implemented this it’s a win for the taxpayers. I would also say, that another significant win for the taxpayers that I wish that the Town Board could take all the credit for this but certainly our Budget Officer, Jennifer Switzer has done a great job sharpening her pencil and going through the actual account activity of the three Rescue Squads. I want to make sure I give an equal if not greater amount of credit to the three Rescue Squads for their cooperation and understanding in the budget end of these agreements. A lot of the discussion and debate over the last month or so has been really focused more over this consolidation question. We will take a step back and get a study down this year and hopefully be looking at it again this fall. As far as this current year contract I think that the Rescue Squads really step to the plate on the budget end of things. We’ve got a significant budget reduction that I think was accomplished very fairly in a sense that Jennifer was able to make suggestions and explain her position of how she was reading the budgets to the leadership of the three rescue squads in REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 344 such a way we were able to achieve a very significant reduction in the contract amounts. I don’t want to take anything for granted, but I’ll knock on wood with minimal concern from the rescue squads certainly more is always better when you are in a contract negotiation. I really want to take hats off to the three rescue squads I think they were able to get on the same page with Jennifer. Jennifer if I could I believe it was a twenty three percent reduction from last years contract totals to this years contract totals if you could maybe provide more specific information for the public. BUDGET OFFICER, JENNIFER SWITZER-As Dan mentioned there was a twenty three percent reduction from last years contract to this years proposed contract. A little bit more detail the operations of all three squads went down twenty two and a half percent. The insurance, which is funded as part of the contract actually increased ten percent. Debt service increased almost two and a half percent. Where we saw the most significant decrease with the vehicle fund which the Town did not fund this year with the outlook of the consolidation of the three emergency squads we wanted a better handle on exactly what equipment is out there and how we will fund it in the future so for this year the Town did not fund the vehicle fund. SUPERVISOR STEC-Looking at the vehicle funds there was a significant fund balance available in most of them. Whereas, in the world of fire apparatus you are looking at several hundred of thousands of dollars for an apparatus a hundred and twenty thousand is typical for an ambulance. None of the squads have a ambulance purchase pending in the immediate future so I think everyone was able to look at that and see that we really did not have a significant need to fund forty thousand dollars a year in each of the three squads this year for an ambulance purchase because there was none pending. That vehicle was only about half of the total dollar amount reduction the other dollar amount reduction were in the operations. I don’t want the perception to be that we achieved this solely by eliminating the vehicle fund there were other efficiencies that the rescue squads saw. This twenty three percent reduction includes the paid daytime service financing for the West Pilot Program, that includes that or else it would have been even greater. What were the total contracts last and the total contacts this year Jennifer? BUDGET OFFICER, MS. SWITZER-The total contracts last year where six hundred and seventeen thousand seven hundred thirty four. This year the total contracts including the paid daytime service are four hundred and eight four thousand seven hundred and fifty eight dollars. SUPERVISOR STEC-I think it’s important to note to the public, and the board, and the three rescue squads did take a serious look at this. I was glad that we were able to make an improvement there with the bill for service coming in. I don’t see any big problems with us being able to significantly reduce EMS taxes in the future and hopefully ultimately eliminate them. I also wanted to tell the public, tell the press, certainly tell the EMS Squads, and the Fire Departments that the EMS Squads in Town have stepped to the plate from a taxpayer burden perspective. While we’re all pleased with that certainly we’re not going to ask them to do something that we’re not prepared to ask anyone else to do. We do have five Fire Departments contracts coming up towards the end of the year and as I promised the Rescue Squads in previous discussions they will be getting the same level of detail look at their contracts. Hopefully, you know, I can’t promise a twenty three percent reduction across the board there, but we’re going to do as much as we prudently can. I appreciate the Rescue Squads for making the first step here towards addressing some of the taxpayer concerns while continuing to provide outstanding service I really do think they do a great job. With that, I just wanted to REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 345 set some background. We’ll open the public hearing for the three Ambulance Agreements for 2004. Again, a one year contract so hopefully October, November, this year we’ll be meeting again hopefully with a complete and digested study in hand maybe we will pick up some of the recommendations that are made in that study. We will certainly talk about them and hopefully we will have a good feel for how the bill for service is going by that point and it will also help us understand what we can and can’t do with the next contract. With that I’ll invite any members of the public, rescue squads or public to come to the mic, just state your name and affiliation if any, and address for the record and we will continue the public hearing unless I answered, rambled so thoroughly that there aren’t any questions. PLINEY TUCKER, 41 DIVISION ROAD-I gather from the conversation that there is eight five thousand dollars in there roughly… SUPERVISOR STEC-Nine times seven thousand about seventy thousand. MR. TUCKER-For? SUPERVISOR STEC-For West. MR. TUCKER-For daytime service? SUPERVISOR STEC-Yes, through a contract they are planning on entering into with Kenna in the near future. MR. TUCKER-The last time I had any information on this it was strictly up in the air how is this thing going to work? Who’s going to handle it? SUPERVISOR STEC-West Glens Falls Rescue has been funded by this contract to institute this pilot program paid daytime service. Two people Monday through Friday, twelve hours a day I think it’s six to six through Kenna Staffing that’s who they selected as a temp service so these people won’t be Town employees they will be temps. Kenna will be on the hook for all their benefits and we, we being the Rescue Squad will pay a flat hourly rate kind of situation to Keena and we will be invoiced by Kenna? BUDGET OFFICER, MS. SWITZER-No, we will be voucherd by the Rescue Squads. SUPERVISOR STEC-The Rescue Squads will pay Kenna they will voucher us we will in a timely manner pay the voucher to the Rescue Squad for two people. It is an ALS person and BLS person they are going to try this as a trial. I would say there are other Rescue Squads and they know that this is not planned for, but it would not preclude in the near future either this year or certainly it will be on the table for next years contract expanding either by adding it individually to another Rescue Squad or let West coordinate the scheduling for any expanded service. For now, what’s funded is West two people five days a week for sixty hours a week and it’s a relationship strictly between Kenna and West Glens Falls. They will not be Town employees or on the hook for Town benefits or Town retirement or anything like that. MR. TUCKER-Who is this outfit you are dealing with? SUPERVISOR STEC-They are dealing with Keena Staffing, which is a temporary service they provide temporary labor in a variety of professions. In fact, we had REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 346 unfortunately we had the snowstorm a couple of Friday’s ago thinking I was doing everyone a favor in letting them get home early enough before the roads got really terrible one of our people in the Accounting Office got home early, went home like we asked them to didn’t go shopping or anything went home tried to salt or sand her driveway slipped and broke her leg, one leg right just the left one? BUDGET OFFICER, MS. SWITZER-Left one. SUPERVISOR STEC-Not part of a collection effort or anything like that, but she unfortunately broke her leg and is going to be out for a few weeks. The Accounting Office being down to three people, now down to two people, they did hire a temp through this same temp service Kenna Staffing they are kind of like a middleman kind of scenario MR. TUCKER-Are they a local outfit? SUPERVISOR STEC-Yes, they are in Glens Falls. MR. TUCKER-What is the County set up with Empire Ambulance are they hired by the County to cover? SUPERVISOR STEC-They are in the County’s Mutual Aid scenario and they aren’t suppose to get the first dispatch in Queensbury that goes to the three Rescue Squads. They are all nodding their heads; I think they are impressed that I actual know a little bit about what were signing these contracts over. I know it may be refreshing to them I read, and I pay attention, I can be taught. Empire is in the mix, but they are certainly not the first to be called. There is a mutual plan a plan in effect; Gary Scidmore is the Coordinator up to the County. Where they are in the mix for mutual aid I don’t know. I’m sure their are several people in the audience that would say, first if West can’t do it then I think probably the next one is Empire it could be perceivably Bay Ridge. Now we’re going to get this question well what about the paid daytime staff in West and what’s their relationship with the other squads? You haven’t asked that question, but I’m sure it’s on some people’s mind. The intention, I believe of all of us ideal or not ideal is basically in a nut shell is back to where we were when we funded it that West has an offer on the table to Bay Ridge and North that if they want the daytime coverage to respond in their areas they’d be happy to work out that arrangement and do that. It’s not provided for in the contract it’s something that were going to rely on they are professionals they know this business better than we do. We are not going to presume to start micro-managing whose going to take what calls. West said, we’re here to help the other two said, fine we’ll be willing to talk about it and we’ll let them do that so that’s provided for by just how they will work out their own arrangement. MR. TUCKER-I guess you haven’t answered my question. SUPERVISOR STEC-Sorry. MR. TUCKER-Does Empire have a contract with the County? SUPERVISOR STEC-No. They are private they operate at their own risk. They are private for profit and they don’t have a contract with the County. As a provider they are in the Mutual Aid mix. I got a couple of people that look like they want to help answer the question to feel my pain. REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 347 UNKNOWN-Empire Ambulance has what is called a Certificate of Need for the entire Warren County area. They have an obligation to move on if an ambulance can’t get out…. SUPERVISOR STEC-They have been issued by the State a Certificate of Need, but they are not entered into a contract situation with the County. They have a Certificate of Need to occupy and they are the second responders throughout the entire County. Are they the primary responder anywhere in the County? CONNIE TUCKER-Only Glens Falls. SUPERVISOR STEC-Only Glens Falls. On the Ambulance Agreements any other public hearing information questions about the Ambulance Agreements? Anything from the board or anything I haven’t covered? COUNCILMAN BOOR-I’d like to make a request Dan. Since two of the EMS Squads are in my Ward I would like to be one of the two Town Board members, but I would also ask the Attorney if Section III of this contract could be construed as contract negotiations thereby not precluding any of the Town Board members or the full board to partake in these discussions? SUPERVISOR STEC-I’ll let Bob answer that question after I take my input on it. I don’t have a problem at all I think as a board we need to decide who or how, I mean if you guys were going to let me do it I would certainly want to appoint Roger for the very reason he mentioned as well Councilman Brewer for being the Ward Four rep and the lion share of West Glens Falls. Those would be the two that would be in this official selection committee. I would also go the extra step to say that being that we’re charged with the handling of the half a million dollars and then some of the Town taxpayers money that any of the Town Board can go to these deliberations, but as far as this committee there would be a committee of five to make a recommendation to the Town Board. Ultimately, I think we are upfront with the rescue squads that any contract will be entered into by a vote of the Town Board along with or opposed to although there might be some significant other kind of fallout if we went against their recommendation. It would be a vote of the Town Board and we would enter into the contract. I would say that in any of these committee meetings feel free rescue squad leadership to correct me if you disagree; I would suggest that we have this five members including two Town Board Members, but any meetings that we have the entire Town Board would be welcomed to attend do you have a problem with any of that Bob? TOWN COUNSEL, HAFNER-The question that I think you are really getting at is whether these are discussions that could be handled in closed session. SUPERVISOR STEC-Right. TOWN COUNSEL, HAFNER-What we’re talking about is what’s appropriate for Executive Session. Executive Session does not have something for contract negotiation, but in a case like this where you are looking to hire somebody the Town Board can meet in Executive Session to discuss the terms in this case it would be a contract to hire somebody so the other members of the Town Board could attend that meeting. It would have to be an announced Town Board Meeting you would have to go into Executive Session. The purpose of having a committee like this where you only have two is that they can meet promptly they can meet without having to have the notice because you are meeting with three people the public who have probably full time jobs other than being on the Emergency Squads. REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 348 SUPERVISOR STEC-If they did that and any of the other three Town Board Members wanted to go to that meeting then at that point it becomes a Town Board Meeting and we would have to notice it and enter into Executive Session for the purpose of hiring. COUNCILMAN BOOR-I guess what I would like at is the third sentence. COUNCILMAN BREWER-Where are you Roger? COUNCILMAN BOOR-Under Town Implementation of Bill for Services, this is under No. 3. The sentence that says, the committee will consist of two. It could read something the committee will consist of at least two Town Board members, but not limited to. TOWN COUNSEL, HAFNER-The reason we did it this way was so that you wouldn’t be having a Town Board meeting every time the committee met. That’s a pretty common thing for how the Town’s set up committee’s like this. SUPERVISOR STEC-And I don’t have a problem with that. COUNCILMAN BOOR-That’s fine. TOWN COUNSEL, HAFNER-If you want to make it more than that of the board you could, but then every time you have to notice it you have to open the meeting then you have to go into Executive Session you have to come out. COUNCILMAN BOOR-My only concern is that I would hate to think that Ted or John or you would like to attend and you can’t. SUPERVISOR STEC-Understood. COUNCILMAN BOOR-We could certainly rely all the contents of that meeting. SUPERVISOR STEC-I was going to say; I don’t think we’re talking about a half a dozen meetings here. I think at some point after we narrowed it down then we would in a Workshop form bring the full board and committee together to have a discussion in Executive Session. I don’t have a problem at least in the initial stages with the three rescue squads rep’s and the two Town Board members stiffing through them putting up a least a list of pro’s and con’s, like’s and dislike’s, maybe ranking them. Then the Town Board in parallel with that information also looking at this then at some point the Town Board with this committee get together and the committee make a recommendation to the Town Board. I really think one or two Workshops max to for the Town. COUNCILMAN BOOR-In a perfect world. SUPERVISOR STEC-Hopefully this will be one of the easier parts of the contracts to select this, but I maybe wrong. I would suggest we leave it as written. COUNCILMAN BOOR-That’s fine. SUPERVISOR STEC-Your concern is a good one, but I think it gives them the flexibility to met without having to be in a full blown Town Board Meeting anything else Roger? John? REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 349 COUNCILMAN STROUGH-What’s going to be the timeline for this is one of the questions that I had written down here? SUPERVISOR STEC-We this week will be getting an RFP out and that’s why I certainly mentioned to the three rescue squads I know that they are familiar with some companies out there that do this. I won’t give any free advertising, but we’ve met with one of them before maybe not on everyone’s first choice for this, but certainly qualified. I know of a couple others that are used in the area and I don’t want to give them free advertising either, but they are used in the area and are good. Like you said, that one we ran into down at the Association of Towns seemed differently worth pursuing. They said that they would be happy to come up and make a presentation to us and certainly answer the RFP. We’re going to troll for a few more we want to get the best company the best deal to do what we want. The details of how we are going to bill, who are we going to bill, how hard are we going to bill, how soft are we going to bill, is something that we will negotiate with them with input from the rescue squads. I think that we are all on the same page that we don’t necessarily want to see people foregoing food or prescription medication to pay an ambulance bill. I’ve been assured after talking to the numerous Town Supervisor’s that are currently doing this that we don’t have to it’s up to us in our contract with these people along with some guidance in the State Law so that’s where our Attorney will come in. Our game plan is to mostly go for as non-intrusive billing as the law and our conscious will allow. COUNCILMAN STROUGH-By the context of what you are saying we’re hoping to have maybe the first committee in a month? SUPERVISOR STEC-I would say sometime in mid March. COUNCILMAN STROUGH-We’d like to at least get a bill for service initiated by what the first of next year? SUPERVISOR STEC-I was hoping this summer. I am hopeful that sometime this summer would be ideal. It’s going to take as long as it’s going to take…. COUNCILMAN STROUGH-It always takes longer than what you think. SUPERVISOR STEC-And it does. This is new ground for all of us it going to take as long as its going to take, but it is a significant item that we pushed forth so we want it so I imagine we want to implement it as quickly yet judicially as we can. I’m hoping for the summer if it takes to this fall maybe it will, but hopefully we will be able to. I don’t think a contract negotiation once we’ve selected somebody is going to be that lengthy. We will tell them what we want they will say they can or can’t do it. Selecting one and entering into a contract is one thing then there will be training get the paperwork settled with the squads as to how the mechanics of this will work. That may take a month or two so maybe it will be the end of summer, but I would hope for early summer. COUNCILMAN STROUGH-Okay. Actually this will probably be more for Bob. On the second line down and I’m still on Town Implementation of Bill for Service. Second line down two-thirds a way across the parties’ objective is to maintain and improve a high level of quality of service provided to Town residents the parties’ being the Town and the Squads? SUPERVISOR STEC-Yes. REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 350 COUNCILMAN STROUGH-On the first page this is legal lingo I’m trying to get used to it Bob. TOWN COUNSEL, HAFNER-I’m sorry we make it as user friendly as we can. COUNCILMAN STROUGH-On the third line down starting right on the first paragraph situate. TOWN COUNSEL, HAFNER-If you want to make it situated. This is one of those archaic legal terms that we try to delete out but it does grammatically work situated I like myself if you want to make that change that’s fine. COUNCILMAN STROUGH-I’m on a learning curve here. I read on the other one you talk about the rescue squad covenants and agreement and I thought covenant was a noun. I’m new to this legal language so I had to look it up and yeah it can be used as a verb. Thank you for clarifying that for me. SUPERVISOR STEC-Anything else John? COUNCILMAN STROUGH-No. SUPERVISOR STEC-You say, I’m a teacher, but I’m not an English teacher. COUNCILMAN STROUGH-Well no it’s the legal language…. SUPERVISOR STEC-I know. JASON MILLER, WEST GLENS FALLS EMERGENCY SQUAD-My only question is that you stated that the Town would look to put an RFP out next week would the committee first meet before that RFP would be put out? SUPERVISOR STEC-We’ll get the wheels rolling to get the applications in. The purpose of the RFP will be for us to say we are going to bill for service. We are going to solicit proposals and contact information to people that want to provide that service to us. Once we have that collection available to us which is again why I want to stress again to the three rescue squads if there is a company or two that you are aware of out there even if they are not your number one choice let’s get a good sampling so that we have some selection and we can feel confident that we are getting the best situation. We will collect it and when we have a handful the RFP will have the cutoff date then when we have that, that’s when I think we would turn it over to the committee and say, here are your six or eight or four options and review them and talk to these people. COUNCILMAN STROUGH-I think what Jason might be getting at correct me if I’m wrong is that designing your RFP maybe you ought to have the committee form first…. MR. MILLER-Input from the committee. COUNCILMAN STROUGH-Because you don’t know exactly what you want to say in your RFP and these are the people that know. SUPERVISOR STEC-Again, if you could fax me a letter Sandy, fax me a letter who your person is going to be and hopefully by even the end of tonight, can the Town Board agree Roger and Tim does that make some sense to the board as whole Tim do you want to do it? REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 351 COUNCILMAN BREWER-That’s fine. COUNCILMAN BOOR-What are you asking? SUPERVISOR STEC-To be the two members from the Town Board. Then we will try to maybe meet next week have you all and I’ll leave it to Tim and Roger to coordinate the three squad people what time is good for them to meet and we can meet sometime maybe even during the day when staff is available to help. We will generate the RFP, but you can help us. COUNCILMAN BREWER-How about we do this. Apparently you must have an idea of what you are going to say in this RFP. Why don’t you write that or give a copy to Roger and myself we can bring it to a meeting and digest it add to it or take away from it whatever we want to do. MR. MILLER-My other question would be is this is an ambitious program in the upcoming year you are going to have to renegotiate contracts for three rescue squads, implement a bill for service, and negotiate contracts for five fire companies? SUPERVISOR STEC-We live for public service, but truthfully we are going to get this bill for service in place long before we take up contract negotiations with either the fire departments or the rescue squads. Frankly, I think once we have the rescue squad bill for service in place if we weren’t talking about bill for service or consolidation or any of that other stuff from what I saw we would have had a one night meeting and we would have been done with the contracts a while ago. We’ll negotiate the fire departments contracts it will happen. We are going to do it similar to how we did yours where we met with the three leaderships at one meeting rather than having five separate meetings. I think that the budget end of things will go better because I’m going to try to lay more groundwork than what has been laid in the past. Basically the board will be involved hopefully by the time the board’s involved a lot of the numbers back and forth that it gets handled between their leadership and accounting will be in place. If there is any earth shattering major significant changes in the fire department organizations and I’m not saying there will be, but if there are I hear what you are saying. If it takes some additional eighteen-hour days for me I’d be happy to do it. MR. MILLER-My other question the last one I have is, last year we spoke about a RFP for a study for the need and direction that EMS is going to be taking it is referred to Paragraph 2, but there doesn’t seem to be any, again there needs to be an RFP to attract a company to the study. SUPERVISOR STEC-The Town Board is going to put together the parameters of that RFP to accomplish a variety of things from a broad base general overview to some guidance on consolidation or maybe there will be a separate one for consolidation. We do want a study, hey we need to build a new station house where should it go, what’s the response time. We are hiring a traffic consultant to help us to do build out analysis along with the school district right now we will get the professional help the Town Board will handle that. There will be times when we say we need information for you or cooperation from you. What we want to establish here you know that we are going to be doing these studies technically there may be more than one RFP out there, there may be two or three different companies doing different aspects of it. We’re going to do this study and we’re going to involve you if we need help on answering questions or collecting data. As much as some of us would like to say we’re going to implement everything that the REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 352 consultant suggest then we’re going to talk about what the consultant suggest amongst ourselves and with you. The building location is something that we need to study we’ve been consistent on that. Consolidation is clearly something that we’ve talked about and I think some people are still a little leery about it and other people would like us to say hey, get all your ducks better in a row. Maybe we’ll have a consultant that will come in here and say, this is definitely the thing you should do and you should do it right away. Maybe the study will be so thorough that everybody will say, yeah we can live with that this makes sense we can’t refute that maybe it won’t, maybe it won’t say what people think its going to say. We are going to look at all three of those aspects I can’t imagine that it will necessarily be one single company doing all that for us we may have a couple, but we are going to do that in the near future. It came to my realization that although I didn’t think so January 1, thattwo thousand four is going to be the year of emergency services in the Town as far as what’s going to take the. …chair of my time. If I’m planning my day and I find out that often times I can’t plan my day because other things sprout up and they have to be dealt with. I want to take care of the fire and EMS it’s important to the taxpayer that the work of the taxpayer that I’ve got on the doorstep. You all have helped us set a tone you took the first move collectively all three of you did with the budgets with the bill for service. I think the public you are going to find is going to be very happy with that. I think that the fire departments are going to get a similar look and some similar growing pains by the time their next contract is signed. I think it was important EMS deserves the credit that you were the first ones to step to the plate and answer these taxpayer issues I can’t thank you enough personally. I think that this two thousand and four the majority of my plan time is going to be spent fire and EMS between the two its two and a half million dollars it’s a big chuck of money. Thanks Jason. CONNIE TUCKER, BAY RIDGE RESCUE SQUAD-I just have one request. After this committee meets you mentioned getting together with the Town Board to discuss what you’ve decided about the billing companies. I would like to make a request that you invite all the memberships of all three organizations to sit and listen to what you’ve been able to compile. I think that gives the memberships of the organizations an idea of what you did, what you found, and what was in the best interest of everybody. It also keeps them inform that way they don’t read about it in the newspaper or depend on one individual from the organization to back that would be my only request. SUPERVISOR STEC-That’s a very reasonable and very good request. I will say Bay Ridge was the one of the three companies that I didn’t meet with the membership personally; I know that John Strough and Roger Boor did. In addition to that Tim Brewer and I met with West membership and Roger and I met with most of North’s membership. I found although trying certainly you have a lot of different levels of awareness of what’s going on and what the history is that a lot of good information came from those meetings. I also think that getting all three leaderships in one room for the initial meeting was very useful I think it really sped the process. I would welcome getting all the rescue squad members at least invited to a similar meeting. We’re going to have the same kind of thing with the fire departments. We’re trying to set one up in the near future to talk to the Fire Department Chiefs and Presidents we will probably do another meeting like that when it’s time for their contract negotiations as well. Before you know it we may very well especially keep reading the newspaper we are probably going to need to talk to the fire departments a little sooner than we thought. COUNCILMAN STROUGH-Even go a step further Connie how about if we got a hard copy of the committee findings say a week prior to the committee meeting so that you have time to digest and maybe think about the material? REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 353 MS. TUCKER-I think that the leaderships having that information to digest is a very good thing. We are all volunteer organizations it’s very difficult to get on the telephone and get people together to have them look this information over. Whereas, if they are invited as a group of individuals to sit and listen to what you have come up with I think that they are more informed and better informed. COUNCILMAN STROUGH-So get a hard copy to the leadership of the three squads a week prior to the open meeting. SUPERVISOR STEC-You share with you people. MS. TUCKER-Do you all agree? My counter parts agree. SUPERVISOR STEC-That reminds me I probably should have recognized the President of North Queensbury is John Owens. No, I’m sorry Dave Irons, Dave if you would just kind of wave to the crowd. Connie Tucker from Bay Ridge just spoke. Hiding behind her is West Glens Falls President Sandy Boucher. Hats off to these three individuals they put up with a lot from me over the last seven weeks calling them, and pestering them, meeting with them, and not meeting with them. Any other public comment or Town Board comment, John were you finished? COUNCILMAN STROUGH-Yeah. SUPERVISOR STEC-Tim? COUNCILMAN BREWER-Like I said I’d like to introduce the resolution. SUPERVISOR STEC-With that anything else from the public? I’ll close the public hearing. PUBLIC HEARING CLOSED 7:50 P.M. TOWN COUNSEL, HAFNER-I thought I heard the board it sounds like they wanted the committee so why don’t we just add a resolve to it. That you pick Roger and Tim as the Town Board members for the committee it’s in the contract. SUPERVISOR STEC-Tim are you fine with that? COUNCILMAN BREWER-Yeah. SUPERVISOR STEC-Ted are you fine with that? COUNCILMAN TURNER-Yeah. SUPERVISOR STEC-That’s a good add. As soon as we get a name from each of the three rescue squads we will try to get something to Tim and Roger by the end of the week as to what we want that committee be looking at by way of RFP. Then we will get the committee to meet eyeball it make any suggestions changes or whatever. We will get the RFP out hopefully in the next two or three weeks early March. Jennifer typical time for an RFP to be out is it whatever we say? BUDGET OFFICER, MS. SWITZER-It’s whatever you want. REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 354 COUNCILMAN STROUGH-When would you like the squads to get back with you with each one of their nominations? SUPERVISOR STEC-Is it possible squads to give me a letter and the name by the end of the week? We will have the committee in place certainly by the end of the week. RESOLUTION APPROVING EMERGENCY AMBULANCE SERVICE AGREEMENTS FOR 2004 RESOLUTION NO.: 119, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may § contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the Town and its three (3) emergency squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squads, Inc., and West Glens Falls Emergency Squad, Inc., negotiated terms for new one (1) year Agreements for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreements for emergency ambulance service, and WHEREAS, copies of the proposed Agreements have been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the emergency ambulance service Agreements between the Town and its three (3) Emergency Squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby appoints Councilman Roger Boor and Councilman Tim Brewer to the committee referenced in paragraph 3 of the emergency ambulance service Agreements, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreements with each Emergency Squad and directs the Town Supervisor, Budget REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 355 Officer and Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT:None PUBLIC HEARING HUDSON POINTE AMENDMENT TO PUD- REGARDING DEDICATION OF 30-FOOT STRIP OF LAND BY THE MICHAELS GROUP ATTORNEY JOHN LAPPER REPRESENTING MICHAELS GROUP OPENED NOTICE SHOWN ATTORNEY LAPPER-This will be a lot quicker. When the Michaels Group applied to the Planning Board for a very straightforward eighteen lot subdivision off of Corinth Road the adjacent Hudson Pointe Homeowners Association, which was also a Michaels Group Development asked for a thirty foot buffer strip at the back of this subdivision, which is called Quincy Lane just to give them extra protection in the backyard of some of their houses and the Michaels Group gladly agreed to it. It was a condition of the subdivision approval that before the road be dedicated to the Town, which is something that we’ve prepared for tonight. There is also on your agenda that the Town Board amend the PUD to include this thirty foot strip it’s somewhat of a technicality, but that’s what we’re here for. There was a letter in the file from the Hudson Pointe PUD Board saying they are all for it that’s pretty much the whole story. SUPERVISOR STEC-With that I’ll open the public hearing. PUBLIC HEARING OPENED SUPERVISOR STEC-Anyone that would like to comment on this 30-foot strip of land to be added into the PUD amendment here any takers, any public comment, concern, and additional questions? NO PUBLIC COMMENT SUPERVISOR STEC-Any questions from Town Board members? Mr. Brewer? COUNCILMAN BREWER-No. SUPERVISOR STEC-Mr. Strough? COUNCILMAN STROUGH-No. SUPERVISOR STEC-Only if the rest of yours was only that easy. Any other questions or comments from the public before I close the public hearing? REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 356 PUBLIC HEARING CLOSED 7:53 P.M. RESOLUTION AUTHORIZING AMENDMENT TO HUDSON POINTE PLANNED UNIT DEVELOPMENT REGARDING DEDICATION OF 30 FOOT STRIP OF LAND BY THE MICHAELS GROUP, LLC RESOLUTION NO. 120, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 118,94, the Queensbury Town Board approved the Hudson Pointe Planned Unit Development, (PUD), and WHEREAS, by Planning Board Resolution No.: SB5-03, the Town Planning Board approved the final stage of Subdivision No. 5-2003, such Subdivision being the Quincy Subdivision to be developed by The Michaels Group, LLC, and one of the Planning Board’s condition of such approval was that: “prior to the acceptance of the proposed Quincy Lane by the Highway Department, that proof that the Hudson Pointe PUD has been modified to include the 30 foot wide strip that is part of this subdivision and that the modification has been accepted by the Town Board,” and WHEREAS, The Michaels Group, LLC wishes to dedicate Quincy Lane to the Town of Queensbury and therefore, in accordance with the Town Planning Board’s Resolution, needs Town Board approval to modify the Hudson Pointe PUD before the Town Highway Department may accept Quincy Lane, and WHEREAS, before the Town Board may amend, supplement, change, or modify a PUD, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and rd WHEREAS, the Town Board duly conducted such public hearing on February 23, 2004, heard all interested parties and considered the conditions and circumstances of the area affected by the proposed modification, and WHEREAS, by letter dated January 27, 2004, the Hudson Pointe Homeowners Association formally requested that the PUD be amended to include the 30’ wide strip of land, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes modification of the Hudson Pointe Planned Unit Development to include the 30 foot wide strip that is currently part REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 357 of the easterly bounds of the Quincy Subdivision and located along the rear property boundary of Lot Numbers 9 and 10, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to forward a copy of this Resolution to the Town’s Zoning Administrator to update the official Town Zoning Map to reflect this modification, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and any other agency it is necessary to give written notice to in accordance with § NYS Town Law 265, the Town’s Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance and Town Law §265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of this change in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk’s Office. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None CORRESPONDENCE DEPUTY TOWN CLERK O’BRIEN-Community Development – Building & Codes Monthly Report from January 1, 2004 to January 31, 2004. (On file Town Clerk’s Office). OPEN FORUM FOR GENERAL AND RESOLUTIONS VON LINDAHL-Read to the board from the Public Officers Law in the Town of Queensbury noting he has an issue with it regarding the Towns Animal Control Officer. Read to the board the Americans Disability Act from a pamphlet by Elliot Spitzer. REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 358 PLINEY TUCKER, DIVISION ROAD, QUEENSBURY-Asked to meet with the Supervisor and Councilman Brewer. SUPERVISOR STEC-Asked if he could be available eight thirty Friday morning? MR. TUCKER-Yes. OPEN FORUM CLOSED 8:05 P.M. TOWN BOARD DISCUSSIONS COUNCILMAN STROUGH-Spoke to the board noting that Dick Van Dusen owner of the Eighty-Eight Acres on West Mountain Road has donated fifty-one acres to the Queensbury Land Conservancy for permanent preservation asked the board to send a thank you letter. SUPERVISOR STEC-Is his intention to send one noting he invited him to come to a Town Board Meeting to accept appreciation noting Mr. Van Dusen did not want any public recognization. COUNCILMAN STROUGH-Appreciates the donation it will be a great asset to the Town noting Queensbury Land Conservancy appreciates it, too. Asked for status of the Soap Box Derby? SUPERVISOR STEC-The City has asked for a two-week appeal to try and resolve th the issue? Saturday, June 5 is going to be Household Hazardous Waste Collection Day here behind Town Hall. Asked residents to refrain from bringing latex paint. The landfill is in a position to accept latex paint they normally charge th for it. What we’ll do is if they show up with it here on Saturday, June 5 we will ask them to bring it to the Ridge Road Transfer Station where it will be taken for free. If it comes where the derby uses Bay Road Mr. Brown is aware that it is a conflict for us if they come to use Bay Road they are prepared to do that the th following weekend which would be Saturday, June 12. COUNCILMAN STROUGH-Will have to get the County involved and Adirondack Community College if they use Bay Road. COUNCILMAN STEC-He did bring this up in January as a County Supervisor at a full County Board Meeting noting the County is aware of this site. Whether it is in Glens Falls or Queensbury thinks Bill Brown is doing a wonderful thing for the greater community. Spoke to the board regarding letter from Francis O’Keefe congratulating Supervisor Stec and thanking Jim Coughlin, Landfill Superintendent for picking up garbage along Bay Road. Spoke to the board regarding letter of the paintball issue up at West Mountain Road. COUNCILMAN BREWER-There will be a public informational meeting on th March 11, seven o’clock at the West Glens Falls Fire Station No. 1 regarding the paintball issue. Chris Round, Supervisor Stec, and himself will be there the neighborhood will be there as well as Scott Brandy the proprietor of this operation to explain to the neighbors and other interested parties. COUNCILMAN STROUGH-Questioned if letters will be sent out to the Northwest Village people? COUNCILMAN BREWER-They are aware of it. Talked to Chris today hopefully will be an ad in the paper announcing the meeting. REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 359 COUNCILMAN STROUGH-Spoke to the board regarding the Queensbury Senior Citizens Newsletter noting all the activities they have and do noting how organized they are, it is a tremendous organization. COUNCILMAN BOOR-Spoke to the board noting he sees a trend starting to take place regarding the Supervisor taking executive privilege noting he sees some tendencies that he would like to bring to light to be aware of them and address them used the widening of West Mountain Road as an example. Read in the paper that Supervisor Stec has been to the County putting forth this effort noting he has heard it again tonight noting he doesn’t have his support, doesn’t know if he has the support of other board members. Read Section 37, Authority into the record. SUPERVISOR STEC-It is a County road noting he was servicing in his County capacity at a County Meeting representing his constituent’s Town wide. It is a County road that services the north south interest of more than half of the Town’s population. It is not a Town project at this point if it becomes a Town project where we need to concern ourselves with Town monies, which was not his suggestion it was the suggestion of another County Supervisor from another Town he will. This shouldn’t be news to anyone it is something he campaigned loudly on was the interest of bicycle and pedestrian safety west of the Northway noting he thinks he has done a pretty fair job even handily using his executive powers. COUNCILMAN BOOR-Noted the Supervisor does not have executive powers you are one person they act as a body. COUNCILMAN STROUGH-Asked if the WIC Program and West Glens Falls worked things out? SUPERVISOR STEC-Doesn’t know if they have given the contract to the County yet, but they did agree to agree. SUPERVISOR STEC-Spoke to the board regarding the paintball issue noting Councilman Brewer and himself visited with the proprietor got a brief tour of the proposed operation. Tried to convey what the neighbors concerns were he had answers that satisfied us in most instances, but there are still a few questions out there. He did stipulate it is a weekend operation four months, Saturday and Sunday and then additionally on Friday’s in July and August. Eleven to five, but the latest time is five noting this was the biggest concern. Spoke to the board regarding a land issue with Warren County Airport. The Airport Committee is concerned with a land issue north of the runway they are concerned about a proposed development. The County is working on this trying to figure out a way to work with the property owner perhaps even purchase land. Spoke to the board regarding the Recreation Center noting he met with the President of the College Marshal Bishop and Harry Hansen the preferred location is the sixteen acres off of Haviland Road to have more information either next week or within the next couple weeks noting he was encouraged by their conversation. Spoke to the board and public regarding the Association of Towns and his attendance at the seminars. Attended an Inter-County Meeting in Elizabethtown noting eleven counties participated in an Inter-County Organization for Warren County the focus was the State’s Snowmobile Plan for the Adirondacks and the fact that they will be having meetings throughout the State including one that they had down in New York rd while they were in New York and one that they will be having here on March 3. At the Delegates Meeting Wednesday morning, which each Town sends one representative noted he went as the Towns Delegate they basically act as a lobby group nine hundred Town’s throughout the State that acting on resolutions. They REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 360 had one that is encouraging the State to grant back to the individual Towns the authority to control our own speed limits on Town roads, which is something that we run into a lot. The procedure is set in stone typically a petition from the homeowners a resolution by the Town Board to the County the County passes it on to the State DOT and the State DOT almost always says, we knew what we were doing when we set these speed limits so were not changing them and everyone is happy because nothing change. What they are hoping to have happen is that the authority will be granted back to the Town’s. The second one is an enactment of legislation to encourage Fire and EMS volunteerism to create a Commission to study ways to make it easier to want to be a Volunteer Firefighter, EMS provider. Volunteerism in general has gone up everywhere in the State except for fire and EMS it has actually gone down over the last ten years consistently noting he was happy to second the motion regarding this one noting it passed unanimously. Also noted they limited their voucher spending on meals and incidentals to be consistent with the federal guideline. COUNCILMAN STROUGH-Asked about the letter from Mayor Bob Blais regarding funding for youth employment. th SUPERVISOR STEC-Read letter into record dated February 5, 2004 asking for a donation of two thousand dollars to help foreign working students in Warren County. COUNCILMAN STROUGH-Two thousand dollars to go to a program that is bringing foreign students to compete with our local youth noting he is not in favor of this. SUPERVISOR STEC-Hasn’t spoken with Mayor Blais regarding this letter noting he is not sure he feels any differently. COUNCILMAN BOOR-The board set a limit at ninety one thousand dollars for donations if you want to send two thousand to them then you have to subtract it from somewhere else noting he doesn’t think this is a great idea. SUPERVISOR STEC-Asked if the board would like him to tell him that we would be happy to consider it in a future year, but not this year? COUNCILMAN BREWER-That’s appropriate. COUNCILMAN TURNER-Yeah. RESOLUTIONS RESOLUTION ACCEPTING DEDICATION OF QUINCY LANE IN QUINCY LANE SUBDIVISION RESOLUTION NO. 121, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 361 WHEREAS, The Michaels Group, LLC has offered a deed to dedicate Quincy Lane in the Quincy Lane Subdivision to the Town of Queensbury as described in a Survey prepared by VanDusen & Steves, Land Surveyors, LLC, dated 12/08/03, and WHEREAS, the Town Highway Superintendent has inspected the road and recommended their acceptance contingent upon the developer completing the top coat of the black-top within two years of the date of acceptance or by February rd 23, 2006, and addressing any necessary drainage easements, and WHEREAS, The Michaels Group, LLC has provided the Town with a $24,000 Letter of rd Credit to ensure placement of the top coat on the roads by February 23, 2006, and WHEREAS, the Town Water Superintendent has confirmed that installation of water mains and appurtenances has been made in accordance with Town Water Department standards, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed for dedication of Quincy Lane in the Quincy Lane Subdivision, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction including an Escrow Agreement in form acceptable to Town Counsel and the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs The Michaels Group, LLC to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the road to the official inventory of Town Highways as follows: Name: Quincy Lane Road Number: 543 Description: Beginning at Corinth Road and continuing in a southerly direction a distance of 1,564 feet and .30 hundredths of a mile and ending at a cul-de-sac. Feet: 1,564’ and .30 of a mile . REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 362 rd Duly adopted this 23 day of February, 2004, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON BAY RIDGE VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE AMERICAN LAFRANCE CUSTOM EAGLE TANKER TRUCK RESOLUTION NO.: 122, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury and the Bay Ridge 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 an American LaFrance Custom Eagle Tanker Truck (Tanker) for a sum not to exceed $356,910, such purchase already included in the scheduled Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, the Fire Company plans on paying for the Tanker by using $225,000 in funds from its Restricted Vehicle Fund and entering into four (4) year tax-exempt lease-purchase agreement with Evergreen Bank/Bank North for $131,910, 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 proposed Tanker Truck purchase and tax-exempt financing, which requires such a public hearing under the Internal Revenue Code, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed purchase of a American LaFrance Custom Eagle Tanker Truck by the Bay Ridge REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 363 Volunteer Fire Company, Inc., and the partial financing of this purchase by the Fire Company using th tax-exempt financing, on March 15, 2004 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:None RESOLUTION APPROVING YEAR 2003 VOLUNTEER AMBULANCE WORKER SERVICE AWARD PROGRAM RECORDS FOR WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 123, 2004 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously authorized engagement of PENFLEX, Inc., to provide the 2003 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 2003 Service Award Program Records, and WHEREAS, the Town Supervisor’s Office has received and reviewed the records from the West Glens Falls Emergency Squad, Inc. and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2003 Volunteer Ambulance Worker Service Award Program Records for the West Glens Falls Emergency Squad, Inc., and BE IT FURTHER, REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 364 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take all action necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES : Mr. Stec, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT:Mr. Boor RESOLUTION AUTHORIZING QUEENSBURY COMMUNITY CENTER PROJECT AND WITHDRAWAL FROM CAPITAL RESERVE FUND RESOLUTION NO.: 124, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Assessment Reserve Fund No. 61 (Fund No. 61) for future recreational developments, and WHEREAS, the Town Board, by Resolution No.: 527,2003 authorized the creation of a Queensbury Community Center Project Account Fund #144 and transferred $51,000 from Fund #61 to engage the professional services of GDF Management Associates, Inc., and WHEREAS, the Town Board wishes to withdraw and expend moneys from such reserve account in the amount of $116,000 for a portion of Phase I capital expenses for the Queensbury Community Center (QCC) Project to consist of: 1. developing a QCC Master Plan; 2. purchasing of necessary, adequate property for the Project; 3. formulating a Project capital budget and preliminary schematic design drawings; 4. developing bidding design documents; and 5. professional services for all of the above; and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from Fund #61 subject to permissive referendum, and WHEREAS, the balance anticipated for Phase I of the QCC Project in the amount of $257,000 was approved as part of the Town’s Capital Improvement Plan (Project #58), and REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 365 WHEREAS, the total for the QCC Project Account Fund #144 after the transfer from Fund #61, the CIP fund allocation and the adjustment from previous Resolution No.: 527,2003 will be $424,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the recreation project known as the Queensbury Community Center (QCC) Project and authorizes expenditures in the total amount of $116,000 for the work described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of $116,000 to fund such Project, such funds to be placed into the capital project fund to be established in accordance with this Resolution and the Town Board further directs that in the event there are funds remaining in such capital project fund after completion of the Project or in the event that the Project is not undertaken, the moneys in the capital project fund shall be returned to the capital reserve fund, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 64 in the amount of $257,000 to fund such Project, such funds to be placed into the capital project fund to be established in accordance with this Resolution and the Town Board further directs that in the event there are funds remaining in such capital project fund after completion of the Project or in the event that the Project is not undertaken, the moneys in the capital project fund shall be returned to the capital reserve fund, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations in Expense Account No.’s: 144-7110-4403 in the amount of $116,000 – Professional Services; 144-1940- 2799 in the amount of $150,000 – Purchase of Land; 144-7110-2899 in the amount of $107,000 - Capital Construction; and estimated revenues in Account No.: 144-0144-5031 in the amount of $373,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the QCC Project is an expenditure for a specific capital project for which the reserve account was established, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 366 RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. rd Duly adopted this 23 day of February, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION SCHEDULING PUBLIC HEARINGS CONCERNING APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THROUGH NEW YORK STATE SMALL CITIES PROGRAM RESOLUTION NO.: 125, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury wishes to apply for Community Development Block Grant (CDBG) funds through the New York State Administered Small Cities Program for the purposes of community development improvements such as housing, public facilities and/or economic development, and WHEREAS, the Town Board wishes to schedule the required public hearings concerning the application and use of CDBG funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold two public hearings at th the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on March 15, 2004 and nd March 22, 2004, to hear all interested persons and take any necessary action provided by law concerning its application for Community Development Block Grant (CDBG) funds through the New York State Administered Small Cities Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post Notices of Public Hearings a minimum of ten (10) days prior to each scheduled public hearing, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 367 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Community Development Department to sign any documentation and take any other action necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of February, 2004 by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION DESIGNATING ACCOUNTS TO PAY FOR SERVICES OF SHELTER PLANNING & DEVELOPMENT, INC. CONCERNING GRANT APPLICATION ASSISTANCE RESOLUTION NO.: 126, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 529, 2003, the Queensbury Town Board authorized engagement of Shelter Planning & Development, Inc., to provide community development strategy and grant application assistance for the development and submission of up to three grant applications for an amount up to $16,000, and WHEREAS, such Resolution set forth that $6,000 of the authorized $16,000 should be paid from 2003 funds from Consultant Services Account No.: 001-8020-4720, and WHEREAS, the Town Board wishes to designate the accounts to pay the remaining 2004 portion in the amount up to $10,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that payment for the services of Shelter Planning & Development, Inc. to provide community development strategy and grant application assistance during 2004 in an amount not to exceed $10,000 as previously authorized by Town Board Resolution No.: 529,2003, shall be paid for from Planning/Consultant Fees Account No.: 001-8020-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Director of Community Development, Senior Planner and/or Budget Officer to sign any needed documentation and take such action as may be necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 368 rd Duly adopted this 23 day of February, 2004 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE COUNCILMAN STROUGH-Spoke to the board regarding a memorandum from Miller, Mannix, Schachner, and Hafner noting it expresses some concerns regarding the way the contract was written for Shelter Planning & Development questions if these concerns were addressed? EXECUTIVE DIRECTOR, MR. ROUND-They have already engaged in the contract with the consultant this contract was sent and signed some time ago. This resolution is just identifying the accounts were we are going to pay the funds from they have since identified those concerns we have had conversation with Shelter Planning. One of the issues here at the Town is we do not have a standard contract form that we engage consultants in. Each time we engage for services they come in many different forms depending upon the consultant you are working with. This is a contract Shelter uses with many other municipalities. We have had success in the delivery of services. Thinks Miller, Mannix comments were used in reference to our future development of future contracts with other consulting firms. COUNCILMAN BOOR-Did you ask them if they would amend any of it? EXECUTIVE DIRECTOR, MR. ROUND-We haven’t it hasn’t been an issue we’ve had deliver of services without any issues from Shelter. COUNCILMAN BOOR-Don’t really know what they are delivering. EXECUTIVE DIRECTOR, MR. ROUND-A contract typically references a scope of services a memorandum of understanding between two entities not sure that they have everything that they need to make those kind of… COUNCILMAN BOOR-Read a sentence from letter. COUNCILMAN BREWER-Asked if they discussed this in a workshop? COUNCILMAN BOOR-It sounds like the contract was already in effect. EXECUTIVE DIRECTOR, MR. ROUND-November or December. th TOWN COUNSEL, HAFNER-This is January 15, 2004. We reviewed it… COUNCILMAN BOOR-Why would he review it so late. TOWN COUNSEL, HAFNER-We reviewed it within a couple of weeks of getting it. COUNCILMAN BOOR-That’s what I’m saying that’s why I don’t believe it was in 2003. EXECUTIVE DIRECTOR, MR. ROUND-The reason we have this memorandum is that we ask for the Attorney’s opinion and we will incorporate those we will ask Shelter Planning to make those corrections and redraft and modify that contract. COUNCILMAN STROUGH-Does that explain why the resolution is set up the way it is? There is ten thousand yet to be authorized will those corrections take place before the next ten thousand? EXECUTIVE DIRECTOR, MR. ROUND-That’s what our objective would be. TOWN COUNSEL, HAFNER-If we were to draft one contract for the different services the services change so much so much of it would have to be changed because this type of contract is vastly different than one we would need to deal with, with Ralph and Mike. REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 369 RESOLUTION AUTHORIZING FULL-TIME EMPLOYMENT OF RYAN LASHWAY AS COMPUTER TECHNOLOGY ASSISTANT RESOLUTION NO. : 127, 2004 INTRODUCED BY Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, by Resolution No.: 256,2001, the Queensbury Town Board authorized the hiring of Ryan Lashway as Computer Technology Assistant on a full-time, non-permanent basis, and WHEREAS, in 2003 Mr. Lashway left employment of the Town and therefore there was a vacancy in the position of Computer Technology Assistant, and WHEREAS, the Director of Information Technology and Town Board posted availability for the vacant, full-time position, reviewed resumes and interviewed interested candidates, and WHEREAS, the Director of Information Technology and Town Board wish to authorize the hiring of Ryan Lashway as a full-time, permanent employee as Mr. Lashway successfully passed the Civil Service exam and is duly qualified for the Computer Technology Assistant position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Ryan Lashway as full-time Computer Technology Assistant on a non-union, non-exempt basis th effective February 24, 2004 at an annual salary of $35,000, subject to a six month probationary period, and BE IT FURTHER, RESOLVED, that Mr. Lashway shall be credited with his three years of prior service to the Town of Queensbury in regards to accrual of his vacation time, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Information Technology, Budget Officer and/or Town Supervisor’s Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 370 ABSENT:None RESOLUTION AUTHORIZING BETTY DYBAS TO CARRY OVER UNUSED VACATION TIME RESOLUTION NO.: 128, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Betty Dybas, the permanent, part-time Real Property Tax Service Assistant in the Town Assessor’s Office, has requested Town Board authorization to carry over 28 hours of th unused vacation time beyond her February 18, 2004 employment anniversary date, and WHEREAS, the Town’s Assessor has recommended that the Town Board approve such request, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Betty Dybas to carry over st 28 hours of vacation time, such time to be utilized by December 31, 2004. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT :None RESOLUTION AUTHORIZING HIRING OF TEMPORARY EMPLOYEE IN TOWN ACCOUNTING OFFICE RESOLUTION NO.: 129, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town’s Senior Account Clerk in the Accounting Office is out on medical st leave until approximately March 31, 2004, and WHEREAS, the Town’s Budget Officer has requested the employment of a temporary th employee to work in the Accounting Office from approximately February 12, 2004 through March st 31, 2004 or until such time as the full-time Senior Account Clerk currently out of work returns to employment, and REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 371 WHEREAS, the Town Board has considered the Budget Officer’s request and agrees that such temporary employment is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Budget Officer to hire a temporary employee through Keena Staffing, Inc., to work in the Accounting Office from thst February 12, 2004 through March 31, 2003 or until such time as the full-time Senior Account Clerk returns to full-time employment, and BE IT FURTHER, RESOLVED, that payment for such temporary employment services shall be paid by the Town of Queensbury directly to Keena Staffing, Inc. from the appropriate account as determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR PURCHASE AND INSTALLATION OF FENCE AT MT. HERMAN CEMETERY RESOLUTION NO.: 130, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury Cemetery Superintendent has requested Town Board authorization to advertise for bids for the purchase and installation of a fence at the Mt. Herman Cemetery in the Town of Queensbury as delineated in the fence specifications presented at this meeting, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 372 requirements set forth in the specifications and bid documents to be drafted by the Town’s Cemetery Superintendent and/or Purchasing Agent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the purchase and installation of a fence at the Mt. Herman Cemetery in the Town of Queensbury consistent with specifications and bid documents to be prepared by the Town’s Facilities Manager and/or Purchasing Agent, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None DISCUSSION BEFORE VOTE: SUPERINTENDENT OF CEMETERIES, MR. GENIER-Spoke to the board noting the guardrail needs replacing at the corner of Luzerne and West Mountain Road of the Cemetery. SUPERVISOR STEC-Noted he would bring it up at the next DPW meeting if the board agrees. RESOLUTION AMENDING RESOLUTION NO.: 53,2004 REGARDING PURCHASE OF CHEVROLET IMPALA FOR WATER DEPARTMENT RESOLUTION NO.: 131, 2004 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 53,2004 the Queensbury Town Board authorized the Water Superintendent’s purchase of a Chevrolet Impala from Motors Fleet for an amount not to exceed $14,619, and WHEREAS, the Water Superintendent has advised that the price was incorrect in such Resolution and the correct price is $14,659, and WHEREAS, the Town Board wishes to therefore amend Resolution No. 53,2004 accordingly, REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 373 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 53,2004 such that the purchase price for the Chevrolet Impala to be purchased by the Water Department shall be for the amount of $14,659, such purchase to be from Motors Fleet, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 53,2004 in all other respects. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT:None RESOLUTION AUTHORIZING PURCHASE ORDER FOR FORD RANGER TRUCK FOR USE BY TOWN BUILDING & CODES DEPARTMENT RESOLUTION NO.: 132, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 Executive Director of Community Development has advised the Town Board that he wishes to purchase a 2004 Ford Ranger XLT 4x4 Pick-up Truck for use by the Building and Codes Department, and WHEREAS, the Town’s Fleet Committee approved this vehicle purchase request and such proposed purchase has been budgeted for in the 2004 budget, and WHEREAS, this truck will replace an older truck that will be sent to auction, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC60923, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 374 RESOLVED, that the Queensbury Town Board hereby approves of the Executive Director of Community Development’s purchase of a 2004 Ford Ranger XLT 4x4 Pick-up Truck for use by the Building and Codes Department from Genesee Truck Sales in accordance with New York State Contract No.: PC60923for an amount not to exceed $15,499 to be paid for from funds budgeted in 2004, from Account No.: 001-3620-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Budget Officer, Purchasing Agent and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING PURCHASE ORDER FOR CHEVROLET SILVERADO 1500 PICK-UP TRUCK FOR USE BY TOWN WASTEWATER DEPARTMENT RESOLUTION NO.: 133, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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 Deputy Director of Wastewater has advised the Town Board that his Department wishes to purchase a 2004 Chevrolet Silverado 1500 4x4 Pick-up Truck for use by the Wastewater Department, and WHEREAS, the Town’s Fleet Committee approved this vehicle purchase request and such proposed purchase has been budgeted for in the 2004 budget, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract Group No.: 40560, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Wastewater Deputy Director’s purchase of a 2004 Chevrolet Silverado 1500 4x4 Pick-up Truck for use by the REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 375 Wastewater Department from Hoselton Chevrolet, Inc., in accordance with New York State Contract Group No.: 40560 for an amount not to exceed $21,605 to be paid for from funds budgeted in 2004, from Account No.: 032-8120-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Wastewater Director, Deputy Director, Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT TH 18 ANNUAL SHAMROCK SHUFFLE ROAD RACE RESOLUTION NO. 134, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Adirondack Runners Club has requested authorization from the th Queensbury Town Board to conduct its 18 Annual Shamrock Shuffle Road Race as follows: SPONSOR : The Adirondack Runners Club th EVENT : 18 Annual Shamrock Shuffle Road Race st DATE : Sunday, March 21, 2004 PLACE : Beginning and ending at Glens Falls High School and going through the Town of Queensbury (Letter and map showing course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of th insurance from the Adirondack Runners Club to conduct the 18 Annual Shamrock Shuffle Road Race partially within the Town of Queensbury, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 376 RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION AUTHORIZING RUBY RUN TO BE HELD AT ADIRONDACK COMMUNITY COLLEGE RESOLUTION NO. 135, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Adirondack Community College has requested authorization from the Queensbury Town Board to conduct their second annual “Ruby Run” road run and walk as follows: SPONSOR : Adirondack Community College EVENT : Ruby Run - Road Run and Walk th DATE : Saturday, March 27, 2004 TIME : 10:00 a.m. PLACE : Beginning and ending at ACC Road at Haviland Road (Letter delineating course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from Adirondack Community College to conduct the Ruby Run road run and walk within th the Town of Queensbury on Saturday, March 27, 2004, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 377 rd Duly adopted this 23 day of February, 2004, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION DESIGNATING TOWN POLLING PLACES RESOLUTION NO. 136, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with New York State Election Law 4-104, the Queensbury § Town Board must submit a listing of the Town’s polling places for each Election District to the Warren County Board of Elections, and WHEREAS, each location is accessible to the physically handicapped in accordance with Election Law 4-104-1-a, § NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby designates the following locations as the Town of Queensbury’s polling places for each Election District: WARD/ELECTION DISTRICT LOCATION 1/1 North Queensbury Firehouse 1/2 Bay Ridge Firehouse (Bay Road) 1/3 Bay Ridge Firehouse (Bay Road) 1/4 Warren County Municipal Center 1/5 Bay Ridge Firehouse (Bay Road) 1/6 Warren County Municipal Center WARD/ELECTION DISTRICT LOCATION 2/1 South Queensbury Firehouse 2/2 Queensbury Activities Center 2/3 Queensbury Central Firehouse (Lafayette Street) 2/4 Queensbury Activities Center 2/5 Warren County Municipal Center 2/6 The Glen at Hiland Meadows 3/1 Queensbury 4/5 School Gym 3/2 Queensbury 4/5 School Gym 3/3 Queensbury 4-5 School Gym 3/4 Kensington Road School 3/5 Queensbury 4/5 School Gym 3/6 Queensbury 4/5 School Gym 4/1 West Glens Falls Firehouse (Luzerne Road) 4/2 West Glens Falls Firehouse (Luzerne Road) 4/3 West Glens Falls Firehouse (Luzerne Road) REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 378 4/4 West Glens Falls Firehouse (Luzerne Road) 4/5 West Glens Falls Firehouse (Luzerne Road) 4/6 West Glens Falls Firehouse (VanDusen/Luzerne Roads) 4/7 West Glens Falls Firehouse (Luzerne Road) 4/8 West Glens Falls Firehouse (Luzerne Road) 4/9 West Glens Falls Firehouse (VanDusen/Luzerne Roads) and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a copy of this Resolution to the Warren County Board of Elections. rd Duly adopted this 23day of February, 2004, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None RESOLUTION TO AMEND 2003 AND 2004 BUDGETS RESOLUTION NO.: 137, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 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 Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2003 Town Budget as follows: ASSESSMENT FROM: TO: $ AMOUNT: 01-1990-4400 01-1355-4740 5,100. (Misc. Contractual) (Article 7 Appraisals) and REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 379 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2004 Town Budget as follows: RECREATION PROJECTS FROM: TO: $ AMOUNT: 140-7110-2899 140-7110-4403 43,200. (Misc. Contractual) (Engineer/Surveyor) 142-7110-2899 142-7110-4403 23,300. (Misc. Contractual) (Engineer/Surveyor) SUPERVISOR FROM: TO: $ AMOUNT: 01-1990-4400 01-1220-2010 2,900. (Contingency-Misc. Contr.) (Office Equipment) rd Duly adopted this 23 day of February, 2004, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING AMENDMENT TO TOWN LIGHTING DISTRICT POLICY FOR ROADS RESOLUTION NO.: 138, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously adopted a Lighting District Policy for Roads (Lighting Policy) to provide a fair, consistent and financially sound manner of exercising the authority provided under Town Law with respect to illumination of public streets and highways, and WHEREAS, since adoption of the Lighting Policy, sidewalks have been constructed along additional portions of Route 9 and pedestrian use of certain portions of these sidewalks has increased dramatically at the same time that vehicular traffic along Route 9 has also increased, and WHEREAS, the Town Board has determined that the increased pedestrian and vehicular traffic along the portion of Route 9 between Route 149 and the City of Glens Falls boundary represents a potential threat to the health, safety and welfare of the public and requires a different REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 380 type and amount of lighting than what is described in the Lighting Policy due to the combination of extreme traffic congestion and large number of pedestrians, and WHEREAS, the Town Board wishes to amend the Lighting Policy to provide for this lighting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an amendment to the Town’s Lighting District Policy by adding the following subparagraph D to Section 3(A)(2): D . Regional arterial/heavy pedestrian use area – Route 9 between Route 149 and the City of Glens Falls Boundary: Light type: 150-watt, high pressure sodium luminaries or as determined by the Town Board in its sole discretion. Lights may in the Town Board’s discretion, include both street lights and pedestrian lights along sidewalks. Pole type: fluted cast fiberglass, underground lighting standards with transformer base, or as determined by the Town Board in its sole discretion. Frequency of or location of poles and lights: As needed to obtain a consistent lighting patterns or as determined by the Town Board in its sole discretion. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to distribute copies of the revised Lighting Policy to all Town Department Managers, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Executive Director of Community Development to take any action necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of February, 2004 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Strough, Mr. Brewer NOES: Mr. Turner ABSENT :None DISCUSSION HELD BEFORE VOTE: SUPERVISOR STEC-Noted they met in a meeting to discuss sewer and the lighting policy and what they wanted to do noting all five board members were able to attend. What came out of the meeting was an agreement on the lighting policy specifically the Route 9, the Outlets. REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 381 COUNCILMAN STROUGH-Read from 3, B. Noted he knows the Town Board is considering picking up the cost for the lighting on Route 9 from 149 to Exit 20, noting it’s not going to be a cost born by the district. TOWN COUNSEL, HAFNER-Explained to the board what they have in their lighting district policy if you look at 3A, it talks about general guidelines. These are general lights throughout the Town these are areas if you look under A2, it talks about different roads have different types of lights. We are adding in 3A, 2D, which includes the Million Dollar Half-Mile it includes the Outlets. In that area if you look in D, it says that the Town Board in your discretion may decide to put in lights for pedestrian and/or streetlights as you determine in the form that you want that is the section that would apply for that area. Then if you look under 2B the next paragraph were not in the general guidelines anymore we are into places where people can come and ask for their own type. That is not the situation that we are in here this is more aimed for we’ve had over the years we’ve had different parts of the Town have thought about putting together a petition if they go through this process of putting together a petition they can do and have the fancier lights, but they have to pay the increased costs. B on the last page, is not the section that we are changing, is not the section that we are envisioning you would use for the Route 9 section up where the Outlets are you would the new D, which is on page 3, noting he will change the outline for better reading. COUNCILMAN TURNER-The people at the Million Dollar Half Mile didn’t have to pay an additional cost for the architectural lights asked if this is correct? TOWN COUNSEL-If the Town Board decides to put them in, yes. This is exactly what this does it gives the Town Board the authority to choose what lights you determine are appropriate both for safety and for aesthetic reasons in that area. COUNCILMAN TURNER-Questioned why are they any different than an Homeowners Association or whomever? COUNCILMAN BOOR-Thinks it had to do with public safety on arterial roads. COUNCILMAN TURNER-Noted they are all related to public safety in a sense. COUNCILMAN TURNER-Noted there are lights up there now that are on wooden poles now you want to let them have the architectural lights at our cost not their cost. COUNCILMAN BREWER-They are paying part of the cost because they are taxpayers, too. COUNCILMAN TURNER-You are not balancing it noting it is not right. COUNCILMAN BREWER-On an arterial road such as Route 9 or Corinth Road if we determine that it is a benefit as a whole. COUNCILMAN TURNER-Noted it is a State road, he is still not satisfied. RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.C. TO PROVIDE ENGINEERING SERVICES RELATED TO ROUTE 9 STREET LIGHTING PROJECT - CONTRACT DESIGN, ADMINISTRATION AND CONSTRUCTION INSPECTION SERVICES REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 382 RESOLUTION NO.: 139, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 134,2003, the Queensbury Town Board authorized engagement of C.T. Male Associates, P.C. (C.T. Male) for street lighting design services concerning the section of Route 9 located between Route 149 and the Warren County Municipal Center as C.T. Male was already under contract with the Town for design, contract administration and construction observation services in connection with the creation of the proposed Route 9 Sewer District, and WHEREAS, the Town’s Executive Director of Community Development has advised the Town Board that C.T. Male has completed the services authorized by Resolution No.: 134,2003 and has recommended that the Town Board authorize engagement of C.T. Male for further services related to the street lighting project as follows: 1. Niagara Mohawk Coordination; 2. Design of New Cable/Conduit System; 3. Revisions to Existing Contracts; 4. Construction Administration; and 5. Construction Inspection; and WHEREAS, C. T. Male has offered to perform the above services for an amount not to th exceed $32,100 as delineated in C.T. Male’s Proposal dated February 12, 2004 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates, P.C. for further engineering services related to the Route 9 street lighting project as described in the preambles of this Resolution for an amount not to exceed $32,100 as th delineated in C.T. Male’s February 12, 2004 Proposal presented at this meeting and as follows: 1. Niagara Mohawk Coordination - $ 5,300 2. Design of New Cable/Conduit System - $11,700 3. Revisions to Existing Contracts - $ 2,100 4. Construction Administration - $ 9,400 5. Construction Inspection (estimated) - $ 3,600 ----------- TOTAL: - $32,100 REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 383 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for C.T. Male’s services shall be paid for from the Engineering Services (1440) and Consultant Fees (4720) Accounts as more specifically determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Executive Director of Community Development, Budget Officer 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. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION AUTHORIZING PAYMENT TO BARTON & LOGUIDICE, P.C., CONSULTING ENGINEERS FOR ADDITIONAL SERVICES RELATED TO EASEMENT ACQUISITION REGARDING TOWN WATER TRANSMISSION ENHANCEMENTS RESOLUTION NO.: 140, 2004 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 176,2003, the Queensbury Town Board authorized engagement of Barton & Loguidice, P.C. (B&L) for provision of engineering services related to the design of transmission enhancements to the Town of Queensbury’s water system, and WHEREAS, by such Resolution, procurement of easements by B&L was authorized for an amount not to exceed $20,000, and WHEREAS, the Water Superintendent has advised the Town Board that at the time Resolution No.: 176,2003 was adopted, it was not possible to accurately define the amount of effort needed to procure all of the easements and so easement acquisition services would be provided on a time plus expenses basis, and REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 384 WHEREAS, B&L has advised that the actual time and expenses associated thus far related to the easement acquisition work is nearly $20,000 and B&L anticipates that in order to secure the remaining easements, additional Town Board authorization is needed in the amount of $10,000, and WHEREAS, the Water Superintendent has recommended that the Town Board authorize payment for the additional easement procurement services provided by B&L for an amount not to exceed an additional $10,000 as delineated in B&L’s proposal dated February 17, 2004 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the additional easement procurement work provided by Barton & Loguidice, P.C. related to the design of transmission enhancements to the Town’s water system for an amount not to exceed an additional $10,000, such services to be made from 2004 appropriations for this purpose after services have been completed and a voucher approved, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Budget Officer 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. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION AWARDING BID FOR HYDRAULIC BREAKER FOR JOHN DEERE 510D FOR USE BY TOWN WATER DEPARTMENT RESOLUTION NO. 141, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the purchase of a Hydraulic Breaker for a John Deere 510D for use in the Town Water Department as specified in the Water Department’s Bid Specification #04-01 for the year 2004, and WHEREAS, the Water Superintendent and Purchasing Agent have reviewed the two received bids and have made their bid recommendation to the Town Board, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 385 RESOLVED, that the Queensbury Town Board hereby awards the bid for a Hydraulic Breaker for a John Deere 510D as specified in the Water Department’s Bid Specification #04-01 to the lowest responsible bidder, Abele Tractor & Equipment Co., Inc., for an amount not to exceed $18,850 to be paid for from Misc. Equipment Account No.: 040-8340-2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Budget Officer and/or Purchasing Agent to take any and all actions necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of February, 2004 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None DISCUSSION HELD SUPERVISOR STEC-Noted the passing of Mr. Donald Chase former Town Clerk of the Town of Queensbury noting he was the Town Clerk for sixteen years. Extended condolences to Mr. Chase’s family on behalf of the Town Board and Town of Queensbury employees. (Moment of silence) RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 142, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss an attorney issue, a personnel issue considering the hiring of a position. rd Duly adopted this 23 day of February, 2004, by the following vote: Ayes: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 143, 2004 INTRODUCED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 02-23-2004 MTG#9 386 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. rd Duly adopted this 23 day of February, 2004, by the following vote: Ayes: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer Noes: None Absent:None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 144, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. rd Duly adopted this 23 day of February, 2004, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None No further action taken. Meeting adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury .