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2004-03-01 MTG11 Regular Town Board Meeting, 03-01-2004, Mtg #11 389 REGULAR TOWN BOARD MEETING Mtg #11 ST MARCH 1, 2004 Res. #147-155 7:10 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Jennifer Switzer, Budget Officer Chris Round, Executive Director of Community Development Ralph VanDusen, Water/Wastewater Superintendent PRESS: Glens Falls Post Star SUPERVISOR STEC called meeting to order…. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BREWER SUPERVISOR STEC recognized Warren County Supervisor-At-Large, Mike Barody and former Highway Superintendent Paul H. Naylor. CORRESONDENCE – NONE RESOLUTIONS FROM THE FLOOR – NONE OPEN FORUM 7:10 P.M. MR. JOHN SALVADOR, MR. CHRISTOPER SCHUH and MRS. KATHLEEN SALVADOR- Spoke to the Town Board regarding the issue of Queensbury Town Court and June Maxam’s five thousand dollar bail sum… (Complete statement is on file in the Town Clerk’s Office) SUPERVISOR STEC-I don’t believe that your allegations are an appropriate issue for the Town Board. This Town Board is not empowered nor do we want to entertain, especially without our Counsel and certainly without the Judge present, defense of a court action, it’s inappropriate for us. MR. VON LINDAHL, 2997 Ridge Road-Spoke to the Town Board regarding an incident that took place at his home involving himself, Warren County Sheriff, Officer Webster and Animal Control Officer Joseph Lombardi where he had to defend himself. Noted that he filed a Request for Dismissal into County Court today and would like this entered into the town records. (Complete affidavit on file in the Town Clerk’s Office) MR. DAVE STRAINER, 1124 Ridge Road-Questioned the meaning of Resolutions 5.2 and 5.3? SUPERVISOR STEC-The two resolutions that you’re referring to, are setting public hearings two weeks from tonight. They both have to do with an Empire Zone eligible participant in Queensbury leaving the Town of Queensbury and moving elsewhere in Warren County. They need a resolution releasing them from the Town of Queensbury and keep the Empire Zone benefits if they stay in the same county. Resolution 5.2 is for TV8’s request to shift operations from Quaker Road over here to Glens Falls and 5.3 is for moving Bunting’s Performance Custom Trailers which is up on Lockhart Mountain Road to move to Warrensburg. Regular Town Board Meeting, 03-01-2004, Mtg #11 390 MR. STRAINOR-Those two entities would apply for the Empire Zone status in the locations they’re going to? SUPERVISOR STEC-I don’t know if it’s a reapplication or if it’s a transfer. MR. STRAINOR-Do we keep the zone status that they’re leaving? COUNCILMAN BREWER-They’re not in the Empire Zone. MR. STRAINOR-These don’t have Empire Zone designations right now? COUNCILMAN BREWER-Not in the Town of Queensbury they don’t, no. MR. STRAINOR-Then why would we have to release them? SUPERVISOR STEC-I stand corrected, they don’t currently have an Empire Zone but because they’re moving within the County into an Empire Zone. MR. STRAINOR-They would seek and apply for an Empire Zone? COUNCILMAN BOOR-Correct. MR. STRAINOR-But why would we have to release them? COUNCILMAN BREWER-It’s part of the law. TOWN COUNSEL HAFNER-State law provides it. COUNCILMAN BOOR-It’s pretty obvious when you think about it. Everybody would move out of here and go to Empire Zone somewhere. So, in other words, to prevent that type of carpet bagging so to speak, they put in place a state law that says, you have to get permission from the town or village or city that you are in, in order to do this. SUPERVISOR STEC-The purpose is to get business to move here from out of state rather then just reshuffle the deck within the county… MR. PLINEY TUCKER, 41 Division Road-Questioned Mr. Hafner as to the status of the recreation land from Niagara Mohawk? TOWN COUNSEL HAFNER-No, I haven’t heard anything since the last time I talked with you. MR. TUCKER-Referred to the sixteen, seventeen acres that the town is negotiating with the college to purchase for the proposed recreation center and questioned the purchase price? SUPERVISOR STEC-No, we’re a long way from an appraisal or anything like that… MR. TUCKER-Questioned the negotiations with the City of Glens Falls to acquire thirteen acres of landlocked land? SUPERVISOR STEC-We’re seeking to acquire thirteen acres, I’m not sure I would call it a negotiation yet, we’re talking to them about it. MR. TUCKER-Recommended talking to the Mayor about trading the thirteen acres for the four and a quarter acres of Queensbury land that the City of Glens Falls Landfill is on… Referred to the County tax money, noting that the City of Glens Falls collected somewhere in the neighborhood of nine hundred thousand dollars in January of County tax money and they only turned over two hundred and fifty thousand dollars and questioned whether it was legal? SUPERVISOR STEC-I’ve heard the numbers that you’re talking about but it’s probably a better question for the County Treasurer or the Chairman of the Board of Supervisors. MR. TUCKER-Could you get those answers for us? Regular Town Board Meeting, 03-01-2004, Mtg #11 391 SUPERVISOR STEC-I will. MR. PAUL NAYLOR, 15 Division Road-Nice to see the Mayor jump up to the ballpark and take care of the kids down on Murray Street. SUPERVISOR STEC-The important thing is, like you pointed out, Soapbox has got a home. MS. BARBARA BENNETT, Dixon Road-Referred to Resolution 5.8 and questioned the meaning of, Town of Queensbury GIS Build-out and Population Projections? SUPERVISOR STEC-Resolution 5.8 would hire Chazen Engineering to come in and provide services to do a build-out analysis of the town, what do we project the population or the growth patterns to be in the town…. We need that kind of information to do planning both for us and for the school in the future. I believe this resolution references that the Queensbury School will pay a proportion amount of the costs. MR. CHRIS ROUND, Executive Director-The thing that’s really driving it is the school’s interest in trying to refine some enrollment projections, that will be the first use of it and we’ll be using it for transportation, traffic projections or for future water use and wastewater use districts, planning, things like that. MS. BENNETT-Would you be reporting on that to us? SUPERVISOR STEC-Once we get the report done, it’s a public document. MR. ROUND, Executive Director-We expect it will be done within two to three months and we’ll make copies available. OPEN FORUM CLOSED 7:42 P.M. TOWN BOARD DISCUSSIONS COUNCILMAN BREWER-Today was our first day of paid service with the EMS in the Town of Queensbury and I’d like to report that they made four EMS calls, three were of the ALS nature and one was a backup call assisting Bay Ridge… I’m glad that we have them, hopefully they’re going to save some lives and the amount of money that we’re paying for this service is well worth what we’re doing, a successful day. SUPERVISOR STEC-As an update to the board, all three Rescue Squads have signed and I have signed the contracts. Today we got the last two names so we’ve got all three names from the Rescue Squads for the committee, so our committee for the third party billing has been set and there’s a draft RFP for the board to discuss with the committee. I also spoke with Peter Barry today and I have a meeting with him tomorrow at 2 o’clock if one of you would like to attend, we can coordinate that… I had a long conversation the other day with Fred Field as well as his wife. They’re both very familiar with the whole EMS and how it worked out in Colonie. Fred certainly volunteered to be a resource for us, so I thanked former Supervisor and former Assemblyman Fred Field for helping us out, he’s a new addition to Queensbury, he’s originally from down in Colonie. COUNCILMAN BOOR-Just a follow up on Barbara Bennett’s question, Chris and I have been, actually Chris has been attending these a lot longer then I have, these are the joint meetings with the School Board and I don’t think the public is aware of just the kind of pressure the school is under and their inability to plan. They’re in the throws right now of a multimillion dollar expansion and anybody that lives in Queensbury and drives around is probably very aware of just how much development is going on here and the notion that this thing could be finished only to find out that it’s not big enough for the population we have, is troublesome. As a political person, nobody ever likes to use the word moratorium, and I’m certainly not suggesting it but our town in particular is under the kind of pressure that I don’t think anybody else in Warren County is seeing and we need Regular Town Board Meeting, 03-01-2004, Mtg #11 392 to be taking a very close look and planning accordingly. We have a centralized school district, we essentially have one place where our kids get educated and that saves us a lot of money in a lot of ways, we don’t have multiple facilities in different areas, we don’t have to bus different locations and if we’re not careful, it’s possible that that campus could outgrow it’s ability to expand. So, I think this is a very important study and I’m hoping that we can get some good figures from this and perhaps do the kind of planning that will prevent some very burdensome taxes in the future. I think anybody that owns property realizes that your property tax is dwarfed by your school tax so we have to be very astute and watch very carefully just how many people we bring into this area in a residential way. I think Dan has said in the past and I’ve often said, we need to concentrate on commercial and industrial, it doesn’t mean that we forget residential but with residential comes a lot of costs whether it’s EMS Services, whether it’s Fire Protection, all these things, essentially, residential does not really pay for itself. So, this study I hope will give us some direction and see where we don’t want to go. SUPERVISOR STEC-I agree with everything Roger said and the Town of Queensbury and Queensbury School District on and off over the last several years but in particular over the last year, have been meeting regularly… I think here’s an example where the two of us working together, are looking to save grief and money. COUNCILMAN TURNER-I got a call from the Racquet Ball Club about street lights and I went over and looked at it, they have two driveways, one on the west end and one on the east end, they’re probably a hundred to a hundred twenty-five feet apart. The purpose of streetlights is for highway safety; they’re not to light up somebody’s property or somebody’s parking lot. So, that’s hanging fire until we as a group make a decision what you want to do with it. SUPERVISOR STEC-Councilman Turner for the longest time has been our lighting guru in the town so pretty much all the street lighting issues get forward to a high tech collection agent on Meadowbrook Road… I agree with you, I’m familiar with where you’re talking about and it’s not appropriate for us to light somebody’s driveway or somebody’s parking lot. Does anyone have an objection or want to study this more? Ted or I can contact the property owner and let them know, if they want to put up a light, feel free but the town’s not paying to put up a light. COUNCILMAN TURNER-Health Officer, is the Ad going out? SUPERVISOR STEC-We’re holding for a concise job description. TOWN COUNSEL HAFNER-We’re looking for a list of exactly what is involved in the job of Public Health Officer and I promised the Supervisor that we would have it to his office tomorrow. COUNCILMAN STROUGH-This document from the Association of Town’s Meeting, it’s a statistical analysis and it’s by the American Economic Group, it’s titled Tax Savings and Economic Impact of Volunteer Firefighters and it’s a special report for the Firefighters Association of the State of New York and it’s dated July, 2003. Just a couple things of things I think the community might find of interest, according to the study, Volunteer Fire Departments have a cost savings in New York State of seven point three billion dollars because they volunteer. They go into other details, two point nine billion of that seven point three billion, are operating costs which get kicked back into the economy and actually translates into three point nine billion dollar economic gain because it’s not going elsewhere, it’s going into the community. There’s a lot of interesting stuff in here but I think the one other point of interest that I want to bring up at this point, it does analyze Warren County and if Warren County were to go to a paid Firefighter Service, taxes would go up almost ten percent. So, we should be thankful for our volunteers. SUPERVISOR STEC-We’ve made several copies and I’ll be giving a copy of this to every Fire Department, Rescue Squad so that they have it and we’ve got copies if the public wants to take a look too. Yes, seven billion dollars in property taxes if we had to go away from volunteerism… COUNCILMAN BREWER-The garbage pickup law, calls should be directed to the Sheriff’s Department? TOWN COUNSEL HAFNER-Yes. Regular Town Board Meeting, 03-01-2004, Mtg #11 393 COUNCILMAN BREWER-I had my first call today, the resident said they were awakened at 4:30 a.m. by the garbage hauler. … Did we at any point send a letter to these companies to alert them of this law? SUPERVISOR STEC-No. COUNCILMAN BREWER-That would be a good idea. SUPERVISOR STEC-We were waiting for it to get filed with the state and I don’t think it’s come back yet. TOWN COUNSEL HAFNER-It’s a law when it’s filed with the Secretary of State, that’s the effective date. COUNCILMAN BREWER-Find out if it’s been filed and if it has been filed, could we direct someone to write a letter? SUPERVISOR STEC-I’ll handle the letter. TOWN COUNSEL HAFNER-Yes, I’ll find out if it’s been filed. SUPERVISOR STEC-Last week I mentioned that there was discussion about the possible creation of an ATV Park over at the airport and I’m pleased to announce to the residents of Queensbury, and particular residents of Ward 2 that the committee decided to withdraw consideration for pursuing that in that area. The other two items I wanted to mention, tomorrow night at 7 p.m. there will be a joint meeting of the Planning and Zoning Board for the consideration of the Great Escape Hotel project and Wednesday from 5 p.m. to 8 p.m. in this room as well, there will be one of the eight statewide snowmobile hearings. There was one down in New York City. This is the only one in our area, about the State’s Snowmobile Plan, which is critical to the upstate winter economies, particularly northern Warren County and the Adirondacks. RESOLUTIONS 8:OO P.M. SUPERVISOR STEC-Resolutions 5.9 and 5.10, after brief discussion earlier today, the board has decided to pull them from the agenda. RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR CONTRACT 1 – GENERAL CONSTRUCTION – WATER TRANSMISSION SYSTEM IMPROVEMENTS RESOLUTION NO.: 147, 2004 INTRODUCED BY: Mr. Tim Brewer 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. (Barton) for the provision of engineering services related to the design of transmission enhancements to the Town of Queensbury’s water system, and WHEREAS, by Town Board Resolution No.: 353,2003 the Town Board authorized improvements to the Queensbury Consolidated Water District (District), such improvements being Regular Town Board Meeting, 03-01-2004, Mtg #11 394 the installation of water mains along Round Pond Road, Blind Rock Road, Country Club Road, Haviland Road, Ridge Road, Hicks Road and a connection between Big Boom Road and Big Bay Road underneath Interstate 87-Northway, and WHEREAS, Barton has prepared bid documents and specifications to advertise for bids for Contract 1 - General Construction - which consists of the construction of approximately 19,500 linear feet of 12" water main, approximately 5,900 linear feet of 8” water main, valves, hydrants and other appurtenances, a jack and bore beneath Interstate 87, various directional bores beneath State highways, County highways, streams and adjacent to the Glens Falls Country Club and eight connections to existing water mains, 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 the requirements set forth in the Town’s bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to post and publish an advertisement for bids to be prepared by Barton & Loguidice, P.C., for Contract 1 – General Construction - for the Water Transmission System Improvements Project and receive all bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Purchasing Agent to open all received 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. st Duly adopted this 1 day of March, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION SCHEDULING PUBLIC HEARING CONCERNING TV-8’S REQUEST TO SHIFT OPERATIONS FROM THE TOWN OF QUEENSBURY TO THE CITY OF GLENS FALLS LOCATED IN THE WARREN COUNTY EMPIRE ZONE RESOLUTION NO.: 148, 2004 Regular Town Board Meeting, 03-01-2004, Mtg #11 395 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS,TV-8 is an FCC-licensed, low power, Class A commercial television station located within the Town of Queensbury and serving Warren, Washington and Northern Saratoga Counties, and WHEREAS, TV-8 currently has four (4) full-time employees, and WHEREAS, TV-8 has decided to relocate from its site on Quaker Road to the City of Glens Falls in order to: 1) be closer to the main downtown transmitter and Civic Center in order to improve its signal; 2) facilitate live, downtown programming; 3) improve its visibility; and 4) produce more local programs and improve current ones, thereby increasing employment, and WHEREAS, TV-8 could not find a comparable space to conduct its business within the Town of Queensbury, and § WHEREAS, in accordance with New York State General Municipal Law 959 (a)(iii), TV- 8 must secure the approval of the Town of Queensbury in order to relocate to the City of Glens Falls located in the Warren County Empire Zone, and WHEREAS, the Town Board wishes to schedule such required public hearing, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on March 15, 2004 to hear all interested persons concerning the proposal by TV-8 to relocate to the City of Glens Falls located in the Warren County Empire Zone, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing at least ten (10) days before the Hearing as required by law. st Duly adopted this 1 day of March, 2004 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor Regular Town Board Meeting, 03-01-2004, Mtg #11 396 NOES : None ABSENT : None (Councilman Brewer left meeting room) RESOLUTION SCHEDULING PUBLIC HEARING CONCERNING BILL BUNTING’S PERFORMANCE CUSTOM TRAILERS, INC.’S REQUEST TO SHIFT OPERATIONS FROM THE TOWN OF QUEENSBURY TO THE WARRENSBURG INDUSTRIAL PARK LOCATED IN THE WARREN COUNTY EMPIRE ZONE RESOLUTION NO.: 149, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS,Bill Bunting’s Performance Custom Trailers, Inc., (Bunting) has manufactured trailers in the Town of Queensbury, and WHEREAS, Bunting currently has four (4) full-time employees, and WHEREAS, restrictions at Bunting’s current Town of Queensbury site prevents expansion and job creation due to the size and scope of its building, its proximity to a residential neighborhood and its need for a retail operation, and WHEREAS, Bunting has decided to relocate from its site on Lockhart Mountain Road to the Warrensburg Industrial Park as Bunting could not find a preferred space to conduct its business within the Town of Queensbury, and § WHEREAS, in accordance with New York State General Municipal Law 959 (a)(iii), Bunting must secure the approval of the Town of Queensbury in order to relocate to the Warrensburg Industrial Park located in the Warren County Empire Zone, and WHEREAS, the Town Board wishes to schedule such required public hearing, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on March 15, 2004 to hear all interested persons concerning the proposal by Bill Bunting’s Performance Custom Trailers, Inc., to relocate to the Warrensburg Industrial Park located in the Warren County Empire Zone, and Regular Town Board Meeting, 03-01-2004, Mtg #11 397 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing at least ten (10) days before the Hearing as required by law. st Duly adopted this 1 day of March, 2004 by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT : Mr. Brewer RESOLUTION TO AMEND 2004 BUDGET RESOLUTION NO.: 150, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town 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 2004 Town Budget as follows: ASSESSMENT FROM: TO: $ AMOUNT: 01-1355-1170 01-1355-4400 4,000. (Data Collector/Appraiser) (Misc. Contractual) st Duly adopted this 1 day of March, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None Regular Town Board Meeting, 03-01-2004, Mtg #11 398 ABSENT: Mr. Brewer (Councilman Brewer returned to meeting room) RESOLUTION APPROVING YEAR 2003 VOLUNTEER AMBULANCE WORKER SERVICE AWARD PROGRAM RECORDS FOR NORTH QUEENSBURY RESCUE SQUAD, INC. RESOLUTION NO.: 151, 2004 INTRODUCED BY: Mr. John Strough 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 North Queensbury Rescue Squad, Inc. and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2003 Volunteer Ambulance Worker Service Award Program Records for the North Queensbury Rescue Squad, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take all action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of March, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Regular Town Board Meeting, 03-01-2004, Mtg #11 399 RESOLUTION APPROVING YEAR 2003 VOLUNTEER AMBULANCE WORKER SERVICE AWARD PROGRAM RECORDS FOR BAY RIDGE RESCUE SQUAD, INC. RESOLUTION NO.: 152, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 Bay Ridge Rescue 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 Bay Ridge Rescue Squad, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take all action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of March, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None Regular Town Board Meeting, 03-01-2004, Mtg #11 400 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. ___ OF 2004 TO REPLACE CHAPTER 119 ENTITLED “OUTDOOR FURNACES” WITH A NEW LOCAL LAW PROHIBITING THE USE OF OUTDOOR FURNACES IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 153, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of 2004 entitled, "A Local Law to Amend the Queensbury Town Code by Replacing Chapter 119 Entitled, ‘Outdoor Furnaces’ With a New Local Law Prohibiting the Use of Outdoor Furnaces in the Town of Queensbury,” which Law is intended to ensure that outdoor furnaces are utilized in a manner that is not detrimental to the health, safety and general welfare of the residents of the Town, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on March 15, 2004 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2004, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2004 in the manner provided by law. st Duly adopted this 1 day of March, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None Regular Town Board Meeting, 03-01-2004, Mtg #11 401 RESOLUTION AUTHORIZING ENGAGEMENT OF CHAZEN ENGINEERING & LAND SURVEYING, CO., P.C. TO PROVIDE PROFESSIONAL SERVICES CONCERNING TOWN OF QUEENSBURY GIS BUILD-OUT AND POPULATION PROJECTIONS RESOLUTION NO.: 154, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Executive Director of Community Development requested proposals from professional engineering firms to perform a GIS Buildout, provide associated population projections and school enrollment figures in the Town of Queensbury, and WHEREAS, six (6) proposals were received and reviewed by the Town’s Community Development Department and the Executive Director has recommended engagement of the low bidder, Chazen Engineering & Land Surveying Co., P.C., to provide the requested services for an amount not to exceed the lump sum fee of $13,780 plus reimbursable expenses as delineated in th Chazen Engineering’s proposal dated February 10, 2004 and presented at this meeting, and WHEREAS, since this project is being conducted in cooperation with the Queensbury Union Free School District, the School District will reimburse the Town of Queensbury for that portion of the project related to school enrollment estimates, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Chazen Engineering & Land Surveying Co., P.C. to perform a GIS Buildout, provide associated population projections and school enrollment figures in the Town of Queensbury as delineated in th Chazen Engineering’s proposal dated February 10, 2004 and presented at this meeting, for an amount not to exceed the lump sum fee of $13,780, plus reimbursable expenses not to exceed $700 as recommended by the Executive Director of Community Development, for a total fee not to exceed $14,480, and BE IT FURTHER, RESOLVED, that the Queensbury Union Free School District shall reimburse the Town of Queensbury for that portion of this project related to school enrollment estimates, such reimbursement arrangement to be set forth in a letter-form agreement Regular Town Board Meeting, 03-01-2004, Mtg #11 402 to be in form acceptable to the Town Supervisor, Executive Director of Community Development, Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that expenses for this project shall be paid for from Planning Consultant Fees Account No.: 01-8020-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary forms or agreements related to this project and further authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of March, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None ACTION OF PREVIOUSLY INTRODUCED RESOLUTIONS FROM FLOOR – NONE ATTORNEY MATTERS – NONE STAFF COMMENTS nd MR. ROUND, Executive Director-Just a reminder of the workshop for March 22, we do have our onsite wastewater disposal discussion for that meeting as well as we want a discussion about tent sales and transient merchant markets… Don’t know if you want to mention Expo 2004. st SUPERVISOR STEC-Yes, I will. At the Glens Falls Civic Center on May 1 will be the annual Expo 2004 where in the past, quality of life kind of things, private companies but in the past the Town of Queensbury had a booth as other municipal organizations and town staff is trying to look for some direction from the board as to what level of participation and any specific kind of things that we thought we might want to make sure are included. I assume that we will be having a booth, but I think they’re looking for content kind of suggestions…. Mr. Naylor mentioned that the Soapbox Derby found it’s home back in Glen Falls again, so that isn’t an issue for us. It was a th potential conflict with our Household Hazardous Waste Collection will be Saturday June 5, right here behind Town Hall in the parking lot during the day, any of your household hazardous waste, pesticides, insecticides. We’ve got a State Matching Grant, so mark your calendars. We ask that you don’t bring any latex paint with you, if you do, you will be directed to go to the Ridge Transfer Station where they will take it for free that day. Normally they would charge to dispose of latex paint but they will take the paint free on that day. Would like to thank again our sponsor, Evergreen Bank, Bank North for sponsoring TV8 and the video taping of these broadcasts. Will mention our town website, it’s got a wealth of resource and that’s www.queensbury.net. Regular Town Board Meeting, 03-01-2004, Mtg #11 403 MR. RALPH VANDUSEN, Water/Wastewater Superintendent-Recently we had a water main break on Bay Road, over the last twenty years we’ve had a great number of water main breaks on Bay Road, there’s a lot of patches that have been put in there. I had a conversation with Bill Lamy today at the County about the status of the road, what their plans were for improving the road to attempt to coordinate a replacement of a section of the water main by us as part of any project that they might be doing to enhance the road. Just for background information, in 1975 and 76 when the county rebuilt that section of road a portion of the water line was replaced, unfortunately a portion was not. There’s some sections of cast iron pipe that are in some cases over fifteen feet deep on the road, unfortunately that’s where a lot of the breaks occur and right around four thousand feet of twelve inch pipe should really be replaced. We’ve had that in the back of our mind for a while. In talking to Bill today, he told him that the county plans on, right now has the project out to their engineer to review it and plans on this year doing work on Bay Road. It makes an awful lot of sense for us to try and coordinate that with him, he felt that was doable from their end but it’s something that we’ll need to get on. It’s a section of road that’s going to require blasting, it’s going to require a lot of trucking to bring new fill in and because of that, it’s probably outside the scope of something we can do ourselves. But I will be getting a proposal from an engineering firm to do that work, the design and prepare bids and go out to bid so that we can do that this construction season and tie in with the county. Obviously, I’m not asking the board for approval of that now but I just wanted to give you a heads up that that’s what we’re doing and I think it makes tremendous sense to try and coordinate that with the county as opposed to have the county redo the road, then have us come back next year or the year after and tear it up. Town Board held brief discussion and agreed with Mr. VanDusen…. MR. MIKE BARODY, Supervisor-At-Large-When I spoke to all of you during the interview process, I committed to communicate with this board and with the citizens of Queensbury and I think this is part of that promise… I think some of the things of interest to us here in Queensbury, are the things that affect us financially which I’ll bring out from my first set of meetings. In Social Services, we approved the pilot program with the juveniles to try a program with the ankle bracelets. What this is going to do is save us money from incarceration and save county taxpayers money and help ease the project in that area. So, we’ll see how that goes, I think we’re going to have up to about sixty to start out with. Washington County has twelve hundred in this program, so we’ll save several hundred dollars a day with this program and if it’s successful here it will be one that will help us on the budget side…. The other issue that I’ve been involved with already and something I believe, is investigating a payment plan for taxes. We’re trying to look into the opportunity to make payments for taxes; there are some counties that have already adopted some policies and procedures. As we all know, some of our folks are on fixed income have a little bit of a hard time, we’ve talked about the school and certainly we’re funding those the way we should but it becomes a big bill to some of our senior citizens to pay just that one time every year. So, we’re looking for an opportunity for them to spread out their payments. Also the possibility of using credit cards to make payments… Another issue, the county is considering, and I listened to a proposal and that was for employees to consider a Cafeteria 125 Plan. Some of you may be familiar with it, others are not but basically what it does is it allows the employee to take pretax dollars to pay your co-pays for medical, pay for your childcare and other services with pretax dollars and therefore the remaining balance of your paycheck is taxed at a lower rate so it saves the employee tax dollars and it would also save the county tax dollars in that our matching seven point six-five percent then is on a lesser amount… I think is good to note for us because we’re all paying for it, the Sheriff reported in his committee that the County Jail is on time and on budget and that’s going to be a savings to all of us…. As far as Mr. Tucker’s concern, I have become aware of the issues with the taxes and Glens Falls and I would just assure everybody that the appropriate people on the County Board are speaking with Glens Falls Officials and I know Paul Dusek is looking into the situation as well…. Thank you for the opportunity to serve the board and the citizens of the Town of Queensbury. SUPERVISOR STEC-Thanked Mr. Barody, Supervisor-At-Large for attending… RESOLUTION TO ADJOURN TOWN BOARD MEETING RESOLUTION NO.: 155, 2004 INTRODUCED BY: Mr. Roger Boor Regular Town Board Meeting, 03-01-2004, Mtg #11 404 WHO MOVED FOR ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it’s Regular Town Board Meeting. st Duly adopted this 1 day of March, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY