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2004-12-20 MTG 59 Regular Town Board Meeting, 12-20-2004, Mtg #59 684 REGULAR TOWN BOARD MEETING MTG #59 TH DECEMBER 20, 2004 Res. #593-616 7:10 P.M. BOH Res. 35-37 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS Jennifer Switzer, Budget Officer Marilyn Ryba, Executive Director of Community Development Stuart Baker, Senior Planner Mike Shaw, Deputy Superintendent of Wastewater PRESS: Glens Falls Post Star, TV-8 SUPERVISOR STEC called meeting to order…. PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC SUPERVISOR STEC announced that the previously scheduled public hearing for a Proposed Local Law to Amend Queensbury Town Code Chapter 179 “Zoning” to Convert All Land Conservation Zones – Ten Acres (LC-10) to Land Conservation Zones – Forty-Two Acres (LC-42) has been th postponed until January 10, 2005… Those that are present for this public hearing have the option to come back and attend the hearing to make your statement, or submit a statement to the town in th writing between now and the 10 or make a statement tonight which will be made a part of the record…. ATTORNEY MATT FULLER, Law Firm of Fitzgerald, Morris, Baker, Firth-A procedural issue came up today when we were looking through that file. Are you also going to rescind and reconsider the Parkland Recreation Zoning Change because that had the same procedural error? SUPERVISOR STEC-No, we’re not going to be rescinding that. ATTORNEY FULLER-So, the only way for you to reconsider that would be to get that overturned? I mean, it’s the same issue, the City would have gotten notice. SUPERVISOR STEC-I’ll ask our attorney to review it but I’m not sure we’re going to comment on that this evening. TOWN COUNSEL SCHACHNER-All we can do right now is review that claim. ATTORNEY FULLER-Okay, it’s that same issue that that Parkland Recreation Zone does border the City of Glens Falls so that same notice that I was looking for today, I was looking for it in the other file, to my knowledge it wasn’t done. SUPERVISOR STEC-I’m going to guess that we would dispute your claim but we’ll research it. ATTORNEY FULLER-Thank you. Regular Town Board Meeting, 12-20-2004, Mtg #59 685 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2005 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” TO CONVERT ALL LAND CONSERVATION ZONES – TEN ACRES (LC-10) TO LAND CONSERVATION ZONES – FORTY-TWO ACRES (LC-42) RESOLUTION NO. 593, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2005 to amend Queensbury Town Code Chapter 179 entitled “Zoning,” to convert all Land Conservation – Ten Acre Zones (LC-10) to Land Conservation – Forty-Two Acre Zones (LC-42), and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, as noted in the Community Development’s report to the Town Board, currently Table 4 incorrectly shows LC-10A as LC-1A but the body of the Zoning Ordinance clearly indicates that the Land Conservation Zones are currently LC-10A and LC-42A, and the Town Board wants to correct this typographical error, 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 January 10, 2005 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2005, 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 2005 in the manner provided by law and send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board, Town of Queensbury Planning Board and other communities or agencies that it is necessary to give written notice to in Regular Town Board Meeting, 12-20-2004, Mtg #59 686 accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board intends to conduct SEQRA review of the proposed th Local Law after the public hearing at its January 10, 2005 meeting. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 594, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED IT’S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. th Duly adopted this 20 day of December, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ANITA SULLIVAN BOARD OF HEALTH RESOLUTION NO.: 35, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor Regular Town Board Meeting, 12-20-2004, Mtg #59 687 WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Anita Sullivan has applied to the Local Board of Health for two (2) variances from the provisions of Chapter 136 to install a new Elgen septic system 10’ from the foundation in lieu of the required 20’ setback and 74’ from the well in lieu of the required 100’ setback on property located at 3 Honeysuckle Lane, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public th hearing on January 24, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Anita Sullivan’s sewage disposal variance application concerning property located at 3 Honeysuckle Lane, Queensbury (Tax Map No.: 226.19-1-10) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of Ms. Sullivan’s property as required by law. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Councilman Strough questioned whether there was anyone present representing the applicant and noted the following concerns: the well on applicant’s property encased, no location map on her plots, does the adjacent lot have a well on it and if it’s a proposed new house with two bedrooms, and if she’s running into setback variances, would a one bedroom house be better? And being in the vicinity of Lake George, would an aerobic system be a better plan for this applicant as well… They can answer those questions at the public hearing… Councilman Boor-I’ll second a part of that… I think as a Board we should be focusing more on some of these new systems that produce a greater purification of effluent when we’re talking about these types of relief’s being sought… I wish the applicant was here because I’d be interested to see if they would be interested in looking at perhaps a system that would produce a little bit higher quality effluent since they are seeking relief from a source of drinking water… vote taken. Regular Town Board Meeting, 12-20-2004, Mtg #59 688 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF STEVE AND DEBBY SEABOYER BOARD OF HEALTH RESOLUTION NO.: 36, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Steve and Debby Seaboyer have applied to the Local Board of Health for three (3) variances from Chapter 136 to install: 1. an absorption field 90’ from Lake George instead of the required 100’ setback; 2. an absorption field 2.35’ from their property line instead of the required 10’ setback; and 3. a multi-flow unit 4’ from the structure instead of the required 10’ setback; on property located at 83 Rockhurst Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public th hearing on January 24, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Steve and Debby Seaboyer sewage disposal variance application concerning property located at 83 Rockhurst Road, Queensbury (Tax Map No.: 227.13-2-36) and at that time all interested persons will be heard, and BE IT FURTHER, [RESOLVED, that the Town Board authorizes and directs the Town’s Director of Building and Codes Enforcement to send this Sewage Disposal Variance Application to the Town Engineer for review and input prior to such public hearing, and BE IT FURTHER,] RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of Mr. and Mrs. Seaboyer’s property as required by law. Regular Town Board Meeting, 12-20-2004, Mtg #59 689 th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Attorney Mike O’Connor-Tom Center through Nace Engineering or associate with Nace Engineering has done quite a bit of research on the Aerobic System, we have incorporated it into this particular site. By incorporating it into the site though, we find that we need an additional variance which is why you’re setting the date for a public hearing. The additional variance is that the multi-flow unit will be four feet from the structure … as opposed to the required ten feet. That is the independent unit that will contain the aerobic multi-flow unit. It’s not closer to any other adjoining property but it’s closer to the structure that we’re going to construct on there. We have gotten a letter from C.T. Male and we don’t have any great problem with it. We do want to discuss with them their suggestion that the alarm system be connected to a security phone system or an automatic dialer. Basically the alarm system shuts off water to the system, I think making them install an automatic dialer is something that is really belts and suspenders twice over. Mr. Tom Center gave brief overview of the system…. Town Board held brief discussion regarding security and inspection of system… vote taken. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 37, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED FOR IT’S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. th Duly adopted this 20 day of December, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None REGULAR SESSION CORRESPONDENCE Deputy Town Clerk Barber noted that the November, 2004 Monthly Reports for Town Clerk, Building & Codes and Solid Waste has been received and filed in the Town Clerk’s Office…. Regular Town Board Meeting, 12-20-2004, Mtg #59 690 Supervisor Stec noted that the letters received for the previously scheduled public hearing for th tonight that now has been postponed to the 10 of January will be kept a part of the record and will th be read into the record at the public hearing on the 10 of January. SUPERVISOR-AT-LARGE MICHAEL BARODY MONTHLY UPDATE MR. MICHAEL BARODY gave update to the Town Board regarding the following subjects: Warren County Tourism - Warren County Tourism’s Executive Committee efforts to attract the Fire Chiefs Association of the Greater Lake George Area for a Conference and Warren County Tourism’s Winter Campaign. Sheriff Public Safety - The Sheriff has been authorized to send a letter to the New York State Commission of Correction requesting approval to board out-of-county inmates… All of our inmates are in, systems are running well and we have some excess capacity to board other inmates…. Warren County Economic Development - Congressman Sweeney is doing a very good job for us here in the North Country, he understands our community and I’m particularly appreciative of what he’s doing with Gore Mountain and the additional funding that he’s just received for us up there. Also helping us out at the airport in obtaining additional funds. At the airport we’re going to be developing two new hangers, one is going to be for private planes and it’s pretty much all rented out already and we’re going to build a maintenance hanger, which has been very much in demand and the FBO will be operating that. Public Defender’s Office - It’s new to us, we haven’t seen it in operation for a long period of time so a lot of people have come and asked if we’re getting our bang for the buck. My short answer to that is that we don’t know totally yet. But I would tell you that in this past year we had over eleven hundred cases come through the Public Defender’s Office. The year before we had to go out and hire who knows how many different attorneys that we used to deal with, we had unbelievable problems with billings and collections of running the program the way it was before. This has streamlined it, I think it is saving taxpayer’s money and we’ll have a final report from the public defender and on top of all that I think the individual is being served in an expeditious and professional manner. It works well with our criminal justice group and the sheriff’s office. I think the report is going to positive in the end but we don’t have all the numbers in yet and I’ll report back to you when we do. Youth Committee – We recently got a report in which details a lot of things that I think you would find interesting and I think I’m going to send you all a copy of this report… The youth answered this questionnaire about their school system, about alcohol, about drugs. It’s very detailed, breaks it down, male, female, also have Queensbury numbers broken down in there. And for anyone out there in the public who thinks we don’t have to keep watching the kids as far as drinking and driving and alcohol goes, by their own admission, who used alcohol in the last thirty days. By their own admission: ninth grade, twenty-eight percent of them; tenth grade, thirty-seven percent of them; eleventh Grade, forty-one percent of them and twelve grade, fifty-four percent in the last thirty days. And there’s a lot of other interesting things that I think you would feel worthwhile to read as leaders of the community. Thanks to the Town Board for a good year in 2004 and hope you all have a nice Holiday. INTRODUCTION OF RESOLUTIONS FROM THE FLOOR – NONE OPEN FORUM 7:57 P.M. DR. MARK HOFFMAN, 32 Fox Hollow Lane-Speaking on my own behalf, a recent workshop a number of applicants came in for applications for basically spot rezonings mostly along the Bay Regular Town Board Meeting, 12-20-2004, Mtg #59 691 Road area. They have various justifications and some of them have favorable aspects and unfavorable aspects but what concerns me overall, if you look at what’s been happening in that area over the last few years, it’s gradually being transformed into a higher density urban residential type of area and that’s fine, there’s nothing wrong with higher density residences. The question is, are we creating an urban, a quasi-urban community without any of the urban amenities. In other words are we building an urban streetscape? Are we building sidewalks? Do we have pedestrian crossings? Do we have public transportation? Do we have parks in that area? Do we have any neighborhood schools? Do we have any type of comprehensive traffic plan to accommodate this urban development? Are there shops within safe walking distance of these residential neighborhoods? My concern is that what’s gradually occurring is that we’re getting a pseudo urban community without any urban amenities an and we’re basically going to produce wasteland that is not the type of community that we want. I think we either need to redesign that and include some of these urban amenities as soon as possible or we should reconsider the zoning of that entire area… On behalf of the Citizens for Queensbury we would like to strongly advocate for a moratorium on residential subdivisions…. To it’s credit, the Town Board has established the Planning Ordinance Review Committee and they are taking their task seriously, at the same time the pace of development is proceeding rapidly. My concern is and I think many people share this concern is that by the time the committee completes it’s work and then moves onto the process of a Comprehensive Land Use Plan and Rezoning that much or most of the developable lands in the community will have already been developed and so their work would be for naught and all the investment and resources that you’re putting into that wouldn’t be fully utilized. So, we feel strongly that there should be a moratorium on residential subdivisions and probably in order for it to be useful and effective, it should be a year or so in duration. This is a method that’s been utilized in other communities in our region successfully, it’s certainly well established approach and we’d like you to take serious consideration to that. MR. RON DUFOUR, South Queensbury-I’ve been a thirty-five year member of the South Queensbury Volunteer Fire Company and I was wondering how far we’re going to go with this thing? You open the paper and there’s stuff and just keep reading on and on about the fire company. You look at your volunteers and we’ve got people over in Iraq fighting for the war on terrorism. We’ve got people over here fighting for homeland security. Then we’ve got our volunteer firemen fighting the war on fires and you open the paper up and you get nothing but criticism and the boys are getting really hammered and they get nothing for this… There’s a lot of questioning going on, there’s probably some poor bookkeeping but you guys are holding back money. They are down there with the trucks, and they can have a major fire tonight and they might run out of fuel, now that’s pretty sad… I just don’t understand where the town is coming from, I mean, it ain’t just our fire company, it makes all the fire companies look bad. The volunteers are trying to do a good job and they’re just getting hammered. MS. BETTY MONAHAN-Commend the town for what they’ve done with the lights for Christmas down at the corner of Quaker and Bay, it looks like we’re progressing upward… Questioned an item on the agenda, the resolution between Sherwood Acres Construction, the Town of Queensbury and it references Hall Road and Barber Road? SUPERVISOR STEC-As I understand it, Hall Road is a road by use and there was a dedicated road portion that the road isn’t on the dedicated portion. The surveyor say this is where the road is but the road in fact is located offset to that and what this is, is a land swap that the town has been working on for at least a month but basically what it would do is clean up so that in fact the road that’s dedicated would be accurately reflected by what’s in reality there. So, I don’t think anyone is in fact gaining anything, it clarifies the road and adjusts the dedication to fit the road. TOWN COUNSEL HAFNER-They don’t match and upon enactment of this resolution and approval of this agreement, they’ll match. MR. PLINEY TUCKER, 41 Division Road, Queensbury-Questioned Resolution 8.13, ‘Resolution Authorizing Supplemental Agreement Concerning Implementation And Funding In The First Instance 100% Of Federal-Aid Eligible Costs Of A Transportation Federal-Aid (Main Street Gateway Plaza Improvements Capital Project – Pin No.: 1756.27) To Fully Fund Local Share Of Federal-Aid Eligible And Ineligible Project Costs And Appropriating Funds”? SUPERVISOR STEC-It’s an agreement concerning the Main Street Gateway Plaza Improvements and it allows us, it sets up the compensation for the federal-aid eligible portion of the Gateway Regular Town Board Meeting, 12-20-2004, Mtg #59 692 Improvement Project. That’s things like that an entranceway kiosk that’s planned, a park-and-ride that’s planned, sort of accoutrements affiliated with the Main Street Project and what this does is authorize the agreement for the first hundred percent. MS. MARILYN RYBA, Executive Director-It’s a supplemental agreement. What had happened was, a couple of reason why we’re putting this on. The Department of Transportation had incorrectly had given us a wrong identification number so that number had to be changed. So, that was one reason we did it. The other is that there were a couple of things that had been not included in the prior agreement that needed to be put in here including right-of-way incidental mapping right- of-way for example and so we had to make these corrections before the end of the year so that we would have a valid contract. MR. TUCKER-We don’t have to come up with any funds at the present time? MS. JENNIFER SWITZER, Budget Officer-We have to come up with the funds in the first instance and then we’re reimbursed upon expenditure of the funds. MR. TUCKER-One hundred percent? MS. SWITZER, Budget Officer-Eighty percent. MR. TUCKER-So we have to come up with twenty. SUPERVISOR STEC-It’s eighty Federal, fifteen State and five local and in some cases that five local is county, town so sometimes it’s even less than five percent. In this case I’m going to guess we’re on the hook for the whole five percent. MR. TUCKER-Questioned whether the recent appointment in the Assessor’s Office is a full time job or part time job? SUPERVISOR STEC-The appointment of Mr. Bigelow is a full time position. MS. SWITZER, Budget Officer-Ted Bigelow is actually replacing someone and there was another part time person who is retiring and that was made into a full time position. So, it’s not an additional full time position that was created. It was an upgrade from a part time to a full time. MR. TUCKER-Questioned the donation of fifteen thousand dollars to Youth Court? MS. SWITZER, Budget Officer-We’re contracting, we haven’t signed the contract yet. That’s for fifteen thousand dollars but we are getting a five thousand dollar grant. So, it’s basically costing the town ten thousand dollars. MR. TUCKER-Did anybody else come up with any? SUPERVISOR STEC-I hadn’t heard of any. They did find funding from other places but not necessarily from other municipalities. We were the only municipality. MR. TUCKER-My other subject, my road and I got your letter. I’ve come to the conclusion that the only answer to this thing is all the principals have got to get together and I guarantee I’ll be a gentleman. SUPERVISOR STEC-Pliney, we’re not worry about that, we know that. But the facts as we understand them, that is a road by use, what you’re suggesting we consider doing is creating another Fuller Road. MR. TUCKER-I know that a road by use, there are obligations of the Highway Superintendent that he has to take and in this case, they haven’t been taken. SUPERVISOR STEC-I’ll be happy to talk to you about it so more. MR. TUCKER-I’ll talk to you more about it then, I’ll see you in a day or two. Regular Town Board Meeting, 12-20-2004, Mtg #59 693 MR. DOUG AUER, 16 Oakwood-Referred to Resolution 8.3, ‘Resolution Authorizing Purchase Of Bioxide And Equipment From U.S. Filter For Hydrogen Sulfide/Odor Control At Hiland Park Pump Station’, and questioned if this is something new? MR. MIKE SHAW, Deputy Wastewater Superintendent-What we’ve seen over the last couple of years with the growth of our system, it’s increasing, not only odor but corrosion problems within our sanitary sewers. With our building of our new district on Route 9, we did include a Bioxide System, U.S. Filter Bioxide System and the Bioxide System is made to take care of Hydrogen Sulfide. Hydrogen Sulfide is certainly an odor that people don’t really care for but it creates more corrosion and creates other additional problems down the road. The system we’re going to put in now helps create or take care of the Hydrogen Sulfide that we’re seeing within the Quaker Road Sewer District and Meadowbrook Pump Station. Because you have to put that above your problem, it takes time for this Bioxide to work, we’re putting it at Hiland Park Pump Station. MR. AUER-Questioned whether there’s been a study done? MR. SHAW, Deputy Wastewater Superintendent-Yes, we’ve had U.S. Filter in and we did some tests, we’ve had Hydrogen Sulfide levels in the range of a hundred and sixties in different spikes, in parts per million and that’s very high. Corrosion in sewers is a known problem, it’s well documented and U.S. Filter’s Bioxide System is in use in several areas within the northeast, we did some research on it. But if you don’t address the problem before, it becomes a problem, you’re going to have collapsed sewer lines, corrosion and collapse manholes. It eats the inside of your pumps and infrastructure quickly. MR. TIM LETTUS, 507 Dix Avenue-South Queensbury, I don’t see how you can get any better response time then what they do. There’s no more dedication then those guys. They work hard for what they do and to do away with them is wrong. I think you’re treating the taxpayers of South Queensbury really badly. MR. JAMES LETTUS, Queensbury Avenue-I’m a Charter Member, thirty-five years down there and I think you should talk with us before putting it all in the paper, getting stuff out before anybody else knows anything about it. MS. BLANCHE DUFOUR-My husband was a Charter Member too and he was the Fire Chief for eighteen years and in 96, in June he lost a leg above the knee and in December he lost the other one. So, therefore we had to transport him to the hospital by ambulance. He had quite a bit of different sicknesses and every time I would call 911, I always wore, at home I always wore a sleeveless dress. I would have to run in the bedroom, change and by that time, there’d be a neighbor and after that a first responder…. Until you go through that, you’re all by yourself and when somebody comes in and gives you support and it’s something within two, three minutes and that is something you couldn’t have if you do without that fire company. So, I don’t know how you can even think about doing away with them. Maybe we’re only six hundred and some people down there but we are still part of Queensbury… We are people, human beings and we are entitled to what the people that formed the company fifty-five years ago, they’re on call seven days a week, twenty-four hours a day, no vacation time…. I know that it doesn’t matter whether it’s raining or snowing or whatever it is, they’re there and they go and they need a little bit better support maybe then what they seem to be getting. Thank you. MS. DIANE HOWARD, 470 West Mt. Road-I grew up in South Queensbury, I’m here in support of the Volunteer Fire Company, I’m very appalled that you guys want to just do away with the fire company after all these years. You can’t put a price tag on people’s lives down there. You just can’t do that, it’s not right, it’s not ethical to do away with the fire company. MR. DAVID STRAINER, 1124 Ridge Road-Would like to thank John for bringing it to the forefront with the award to the Queensbury Girl’s Cross Country Team. I think it’s been remittance of the Town, Queensbury has put out some of the best teams we’ve seen in years in the last few years and it’s about time that we’ve recognized them. My favorite will always be the football team but the field hockey team had a great team and if it wasn’t for one loss, they probably would have gone all the way to the States. My other thing too, I’d like to thank John for that presentation he did with the Rush Pond Project. I’m hoping that’s a project that the whole town will get behind, it was very well thought out and it would be a very nice project and it kind of goes with the way we’ve looked at things with linking the neighborhoods together without having people go on the Regular Town Board Meeting, 12-20-2004, Mtg #59 694 main roads to get to the different neighborhoods, I think that’s a great start for it. And I too, would like to see that maybe you’ve been a little hard on the South Queensbury Fire Department. We all have problems, I really don’t think that we should have put this in the press, I think it might have been better off if we had taken it under advisement, discuss it with these people. I don’t know how many of you would get up in the middle of the night, or leave a party or something to go answer a call and these guys are very dedicated, they work very hard and I do think they’ve kind of been judged unfairly here. Maybe they do have some problems, I think there are things that could be worked out. I don’t think that, by putting it in the paper, making all of our fire companies look like they’re spend-thrifts, I don’t think that’s correct. So, hopefully in the future, we’ll take that under advisement. I was also hoping that you would recognize the bravery of the two men down on Route 149 and Ridge Road, Mr. McFadden and Rick Meyers for the car fire that happened there with two gentlemen sitting there and trying to put out a fire with a shovel and snow, that took some bravery. And if you do, do anything, remember Rick Meyers wife, she was the one consoling the patient. The poor girl had broken legs, she couldn’t get out of the car, the car is on fire and she was kind of left out of the paper and sitting there consoling somebody whose in extreme agony takes a lot of guts and I think that it be nice if she was commended also. Thank you. SUPERVISOR STEC-Thank you Dave for pointing that out. UNKNOWN-You know the curve on Dix Avenue, Mr. Stec I have a couple of questions to ask you personally? Ok. Number one you have a wife too, don’t you? SUPERVISOR STEC-You can ask them. That is a personal question sir, it is public knowledge I have a wife. UNKNOWN-All right, how much would you value her at? In response to, now I live in the Town of Queensbury, Bay Ridge cannot respond to …Queensbury Central the City of Glens Falls cannot respond to my house. If I lose one of my ..kids because you eliminated a fire company I think it is …for a hundred thousand dollars. One last thing about it, the remarks that were made in the paper, six hundred people in the Town of Queensbury those votes to you don’t mean nothing? SUPERVISOR STEC-Sir, that is what makes this job that the five of us do and thousands like us very difficult. UNKNOWN-I know, but you ought to, you don’t figure six hundred votes means anything to your election..? SUPERVISOR STEC-Sir, this isn’t about elections, this is about doing the job that we were elected to do. UNKNOWN-Well, it’s still six hundred votes, don’t mean nothing to you. SUPERVISOR STEC-It’s about doing the right thing, sir. We’re just trying to do the right thing. UNKNOWN-Right, well, I don’t think you did the right thing going to the Post Star. I’ve belonged to that fire company for thirty some odd years myself. We’re not perfect. SUPERVISOR STEC-No one is perfect. UNKNOWN-Well, why don’t you let that go to the paper like that, you’re not perfect. SUPERVISOR STEC-Sir, I don’t write the newspaper. UNKNOWN-… you made the remarks that went into the paper. SUPERVISOR STEC-Yes sir. MR. RON DUROUR, JR., 14 Lynn Avenue-I’m also a member of the South Queensbury Fire House. I’ve been an active member for ten years, I grew up around the firehouse since I was probably crawling. My concern is, when I started doing this, I did it because I like doing it and now it’s starting to be, it’s a fight and what’s the sense and my only concern as an officer right now is, if there is a situation down in South Queensbury, there’s life at risk, we run out of fuel, who is Regular Town Board Meeting, 12-20-2004, Mtg #59 695 responsible for that life? I know, I did talk to our treasurer today and he mentioned something about a Sunoco bill but I don’t know what’s going on with the Hess bill, which we get our fuel from. SUPERVISOR STEC-I’ve got a stack of bills, like you and I discussed last week. MR. DUFOUR, Jr.-I know. SUPERVISOR STEC-There’s a stack of bills that were signed about ten minutes before this meeting started by the second person that has to sign them and there’s a stack of bills like we discussed that as promised, they’re ready. MR. DUFOUR, Jr.-Right. Now, is the Hess bill in there? MS. SWITZER, Budget Officer-Yes it is. SUPERVISOR STEC-Hess and Sunoco is both in there among others. MR.DUFOUR, Jr.-If it comes down to me coming up and getting a check, going to put fuel in the truck and coming back and giving you a sheet, I’ll do that. I’ll do whatever I’ve got to do, I’m just looking out for the community, guys. SUPERVISOR STEC-We can give you these checks tonight. I want to make sure that we’re giving the checks to the right person too, I mean, you know who we’ve been dealing with. MR. DUFOUR, Jr.-Right. SUPERVISOR STEC-We told you that the checks would be ready today, I told you that Friday. They are and we have them, I just as soon give them to you. Normally prefer to deal with the Treasurer but there seems to be plenty of people in the room to witness that we give you a stack of checks and the sooner that they get to where they have to go, that’s fine with me. MR. DUFOUR, Jr.-Okay. SUPERVISOR STEC-And Ron, you and I have had a couple of long conservations about this and I’m concerned that perhaps the information that I’ve been sharing with you isn’t getting back to other people that are concerned here. But this is just about us doing our job, trying to make sure that we’re responsible with the taxpayer’s money. We’ve indicated that we’d be willing to work with you while we get to the bottom of whatever we’re going to get to, and we’re going to get there eventually, it’s taken longer then any of us would like, it started later then it should have and we both know what we’re talking about. But we’re trying to hold up our end, we said that we would pay the bills to keep you afloat, we did that. We can’t pay bills that we don’t get or if we don’t get the adequate backup, you know, that’s part of the issue we’ve been talking about. We got what we needed to today and the checks were cut the same day. I mean, I think we’ve been Johnny on the spot on our end. MR. DUFOUR, Jr.-Right, I understand that, I’m just, the concern was the fuel and as long as that’s taken care of, then I’m totally satisfied. SUPERVISOR STEC-Jennifer will hand you a stack of checks before you leave this evening. MR. DUFOUR, Jr.-Okay, thank you very much. OPEN FORUM CLOSED 8:40 P.M. TOWN BOARD DISCUSSIONS COUNCILMAN BOOR-I would just ask that everybody enjoy the Holiday Season and stay healthy. Look forward to seeing everybody in the audience after the first of the year and hopefully we’ll have more people because I think it’s important that people get involved. Got a lot of business to take care of in the upcoming year and it’s everybody’s responsibility. Regular Town Board Meeting, 12-20-2004, Mtg #59 696 COUNCILMAN TURNER-I’d just like to wish also everybody a very Merry Christmas and a st Happy New Year and that when January 1 comes, that we come back here and we have a lot of this stuff that’s in front of us now behind us. COUNCILMAN STROUGH-I’ve been out checking to see if we’re making any progress and we are making progress. Pirates Cove, Queensbury. Par 3 Golf, Queensbury. We’re doing all right. Basketville, is in Lake George, boo. Aviation Mall, Queensbury, that’s a bravo. Dansk Factory Outlet, Lake George. The Fun Spot, Glens Falls, a boo. Sleep Inn, Queensbury, a bravo. The Best Inn, Queensbury. We’ve got to work on the Great Escape though, Lake George…. The Rush Pond Trail, I gave a presentation to the Citizens of Queensbury, it was received very well. I gave a presentation to the Queensbury Land Conservancy and it was taken favorably. And the berm that the Queensbury Land Conservancy has been working on, are going to try and accommodate the bike trail. Either this month or the beginning February, I’m going to be speaking to the Parks and Recreation Commission. So, we’re making progress there…. The EMS and Fire Departments really could use volunteers… SUPERVISOR STEC-I’ve just got three quick ones. One, I think I kind of addressed the one already as far as an update of where we are as far as making sure that we’re taking care of business down at South Queensbury, recognizing that they have bills to pay while we try to finish up reconciling our books and making sure that everything is okay and Jennifer I think I saw you hand over some checks? MS. SWITZER, Budget Officer-Yes. SUPERVISOR STEC-On the Rush Pond Bike Bridge issue, John I met out there a couple of weeks ago, it was after our last Regular Board Meeting with Harry Hansen and the Army Corp of Engineers. COUNCILMAN STROUGH-Yea, that’s a Queensbury Land Conservancy Project and they haven’t got the approval for that berm so they still may go with a bridge. SUPERVISOR STEC-Correct however, the Army Corp of Engineers, DEC had already seen it and was very favorable towards the berm with the smaller bridge span. The Army Corp of Engineers gentlemen that we met with out there with Dave Wick and Harry Hansen seemed very encouraged that what we were asking for was feasible and doable and they know it’s on our sites to try to get a summer 2005 completion date for the project. They think that it’s doable, it depends on whether or not we get under the nationwide permitting. But the two gentlemen that came up, the two engineers that came out thought that it was a reasonable request, the disturbance wasn’t that significant and if it’s under a tenth of an acre, that’s the magic number but it looked good. So, I wanted to report that, that that’s encouraging. The last thing that I wanted to update you guys on, and I just drafted this letter today because I just met with the State Comptroller’s Office people Friday. The gist of the draft of that letter that I would be sending back to the local State Comptroller’s Office is requested by them, as a matter of fact it’s required by them to respond to this within fifteen days, in response to their draft of this audit report… Town Board held brief discussion regarding solid waste collection district and agreed to discuss further at a Town Board workshop…. Thanked TV-8 and Glens Falls National Bank for sponsoring the Town Board Minutes… Recommend visiting the Queensbury website www.queensbury.net… Happy Holidays to everyone. COUNCILMAN BREWER-The Town did meet with the Salvation Army, we are working on a solution. This past Monday was the first Monday I can remember that I went by there and there was absolutely nothing in the road. So, I would like to thank them for their efforts. Secondly, Jim Coughlin called me, Rick Sears did go up the landfill and grind the brush and trees, we made eight hundred dollars. I hope that will continue at the landfill. COUNCILMAN STROUGH-Noted he was working with Marilyn VanDyke we are trying to put together a grant for making a film on the battle of Lake George that has been submitted and we th should hear by January 10 if we got it. Suggested that the taping of the Town Board Meetings be kept in a digital format for archival purposes. January is starting to get busy, just a reminder that Tom Isabella from the Public Service Commission in Municipal Affairs and he will meet with us on st January 31. we want to know who else would be present. Any other municipalities that wanted to meet with us. Regular Town Board Meeting, 12-20-2004, Mtg #59 697 SUPERVISOR STEC-There are three or four others that want to attend, I will get you the names. The last thing I want to mention is the Tree Lighting Ceremony that we had last Friday was very well attended. I would like to particularity thank the members of the staff that volunteered their time to work that evening. I think our horse drawn carriage was a huge success that was a new innovation this year. Toukie the Clown was busy and of course Santa is the original Rock Star. Please put this event on you calendar for next year. RESOLUTIONS RESOLUTION AUTHORIZING BAY RIDGE VOLUNTEER FIRE COMPANY, INC. TO APPLY UNUSED 2004 FUNDS TOWARD MORTGAGE PRINCIPAL RESOLUTION NO.: 595, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 transfer any leftover funds from one budget line to any other budget line if those funds are to be used to reduce debt, without prior approval of the Queensbury Town Board, and WHEREAS, the Town Budget Officer has advised that in budgeting for debt service, a calculation of 13 months rather than 12 was used in calculating the Fire Company’s debt service for the 2004 budget, resulting in an extra $8,992 in the Fire Company’s 2004 budget, and WHEREAS, the Fire Company has requested authorization from the Town Board to apply such $8,992 in unused funds toward the principal of the Fire Company’s mortgage, and WHEREAS, the Town Board wishes to provide such authorization in order to reduce the Fire Company’s debt, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Bay Ridge Volunteer Fire Company, Inc.’s applying $8,992 in unused 2004 funds toward the principal of the Fire Company’s mortgage, and BE IT FURTHER, Regular Town Board Meeting, 12-20-2004, Mtg #59 698 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None Discussion held before vote: Budget Officer Switzer-It appears that when the mortgage calculation was first done for this loan, there was one year there was thirteen payments that were needed to catch the fire company up that was never changed so in the subsequent budgets in the past two budgets they have had an additional eighty nine hundred dollars left. It is part of their contract that they cannot spend these unused funds without approval from the Town Board and what they can spend them for and one thing that they can do is to apply it toward principal on their current debt. That is what we are asking to do right here. RESOLUTION ESTABLISHING BILLING RATES FOR EMERGENCY MEDICAL SERVICES THIRD PARTY BILLING (BILL FOR SERVICE) RESOLUTION NO.: 596, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board has entered into Agreements with the Town’s three (3) Emergency/Rescue Squads providing that the Town implement a bill for service (third party billing), and WHEREAS, by Resolution No.: 472,2004, the Town Board entered into a Billing Service Agreement with Iliant Medbill, Inc. to provide for such third party billing, such Agreement stipulating that the Town open and maintain a lock box and bank account for the sole purpose of receiving checks, other forms of collections and explanation of benefits from government and third party payor entities for account receivables billed by Iliant, and WHEREAS, by Resolution No.: 538,2004, the Town Board authorized a Remittance Processing Agreement with Evergreen Bank providing for such lockbox services, and WHEREAS, the Town’s Budget Officer now recommends that the Town Board establish the Town’s rates for EMS third party billing services, NOW, THEREFORE, BE IT Regular Town Board Meeting, 12-20-2004, Mtg #59 699 RESOLVED, that the Queensbury Town Board hereby approves and authorizes establishment of the following billing rates for Emergency Medical Services (EMS) third party billings in the Town of Queensbury: 1. ALS (Advanced Life Support) - $500 2. BLS (Basic Life Support) - $350 3. Mileage (loaded) - $6/mile and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take such other and further action necessary to implement the system necessary to account for such third party billing and effectuate the terms of this Resolution. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF BIOXIDE AND EQUIPMENT FROM U.S. FILTER FOR HYDROGEN SULFIDE/ODOR CONTROL AT HILAND PARK PUMP STATION RESOLUTION NO.: 597, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 Wastewater Director has requested a proposal to resolve odor and potential corrosion problems related to the Hiland Park Pump Station on Meadowbrook Road, and Regular Town Board Meeting, 12-20-2004, Mtg #59 700 WHEREAS, the Deputy Wastewater Director has advised that U.S. Filter has offered to demonstrate Bioxide for the needed hydrogen sulfide/odor control for 20 days and the Deputy Wastewater Director has recommended that the Town Board authorize the purchase of equipment from U.S. Filter for such continuing odor control for an amount of $10,350 including installation, and $2,775 for 1,500 gallons of Bioxide, for a total sum not to exceed $13,125 as delineated in U.S. th Filter’s proposal dated November 19, 2004 presented at this meeting, and WHEREAS, U.S. Filter is the exclusive source of Bioxide and its necessary related equipment under its patents, so no bidding is required, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Deputy Wastewater Director to make arrangements for the demonstration of Bioxide and purchase of equipment from U.S. Filter to control the hydrogen sulfide odor and potential corrosion problems related to the Hiland Park Pump Station on Meadowbrook Road, for an amount of $10,350 for equipment installation and $2,775 for 1,500 gallons of Bioxide, for a total sum not to exceed $13,125 as th delineated in U.S. Filter’s proposal dated November 19, 2004 presented at this meeting, with payment to be made from Account No.: 131-8120-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director, Wastewater Deputy Director, 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. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held: Supervisor Stec-Questioned how long this will last? Deputy Wastewater Supt. Mike Shaw-That is to be determined; the demonstration is a twenty day period that will start after the first of the year. If it meets our goals we will purchase it. RESOLUTION AUTHORIZING HIRING OF STEPHEN JACOX AND FREDERICK WALKUP, JR. AS MOTOR EQUIPMENT OPERATORS AT TOWN HIGHWAY DEPARTMENT Regular Town Board Meeting, 12-20-2004, Mtg #59 701 RESOLUTION NO.: 598, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Deputy Highway Superintendent wishes to hire two (2) Motor Equipment Operators and these positions have been budgeted for in the Highway Department’s 2005 Budget, and WHEREAS, the Deputy Highway Superintendent posted availability for the positions, reviewed resumes, interviewed interested candidates and wishes to make the appointments, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Stephen Jacox and Frederick Walkup, Jr., to the full-time position(s) of Motor Equipment Operators in the Town’s Highway Department, and BE IT FURTHER, th RESOLVED, that such appointments shall be effective January 4, 2005 and each person shall be subject to successful completion of an eight month probation period, a pre-employment physical as required by Town Policy and any applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that Messrs. Jacox and Walkup shall be paid the hourly rate for the position(s) as delineated in the Town’s current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Deputy Highway Superintendent and/or Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None Regular Town Board Meeting, 12-20-2004, Mtg #59 702 ABSENT: None RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOTS IN PINE VIEW CEMETERY FROM ROBERT AND HELEN CACKENER; GLORIA MC KITTRICK; AND JOHN TREMBLAY RESOLUTION NO.: 599, 2004 INTRODUCED BY : Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY : Mr. Roger Boor WHEREAS, the Town of Queensbury Cemetery Commission previously sold cemetery lots in the Pine View Cemetery to: 1. Robert and Helen Cackener – Lot No.: 67 – Mohawk; 2. Gloria McKittrick – Lot No.: 7-E – Horicon; and 3. (Lot #2-A Abenaki) to John Tremblay; and WHEREAS, these lot owners wish to sell their lots back to the Cemetery Commission, and WHEREAS, the Cemetery Commission and Cemetery Superintendent recommend re- purchase of the lots and requests approval of the re-purchases from the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re-purchase of lots in the Pine View Cemetery as follows: 1. Lot No.: 67-Mohawk - from Robert and Helen Cackener for the amount of $267; 2. Lot No.: 7-E – Horicon – from Gloria McKittrick for the amount of $267; and 3. Lot No.: 2-A - Abenaki - from John Tremblay for the amount of $233; and BE IT FURTHER, Regular Town Board Meeting, 12-20-2004, Mtg #59 703 RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such respective amounts to the respective sellers and properly account for the sales in the Town’s books and records. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION RE-APPOINTING CHARLES ABBATE AS MEMBER OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO.: 600, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously established the Town’s Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, Charles Abbate’s term on the Zoning Board of Appeals will expire on st December 31, 2004 and he has expressed his wish for reappointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby re-appoints Charles Abbate to serve as a member of the Queensbury Zoning Board of Appeals until his term expires on December 31, 2011. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING SENIOR PLANNER AND PLANNING BOARD CHAIRMAN TO ATTEND 2005 AMERICAN PLANNING ASSOCIATION CONFERENCE Regular Town Board Meeting, 12-20-2004, Mtg #59 704 RESOLUTION NO.: 601, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury Executive Director of Community Development has requested authorization for the Senior Planner and Planning Board Chairman to attend the 2005 American Planning Association (APA) National Planning Conference, and WHEREAS, the Queensbury Town Board has authorized allocation of funds for conference expenses within the Planning Department’s 2005 budget, and WHEREAS, in accordance with Town Policy the Queensbury Town Board must authorize out-of-state travel by Town employees, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Senior Planner and Planning Board Chairman to attend the 2005 American Planning Association Conference to be held in San Francisco, CA in March, 2005, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes an increase in the meal allowance(s) for such conference from $44 to $51 per day in accordance with the Town’s Employee Handbook which provides that the Town Board may authorize an increase in meal allowances when the meal allowances are anticipated to be more expensive than the usual amount, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the conference are proper Town charges and that all expenses shall be paid for from the appropriate Town Account. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Regular Town Board Meeting, 12-20-2004, Mtg #59 705 RESOLUTION AUTHORIZING ENGAGEMENT OF CUSACK & COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT TOWN OF QUEENSBURY’S FINANCIAL STATEMENTS FOR FISCAL YEAR ENDING DECEMBER 31, 2004 RESOLUTION NO.: 602, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously authorized engagement of the services of Cusack & Company, CPA’s (Cusack) to audit the Town of Queensbury’s financial statements for the fiscal year ending December 31, 2003 and provide accounting advice to the Town throughout 2004, and WHEREAS, the Town Budget Officer has been pleased with the services of Cusack and wishes to continue engagement of its services, and WHEREAS, Cusack has offered to audit the Town’s financial statements for the fiscal year ending December 31, 2004 at a cost not to exceed $14,625 as more specifically set forth in its letter th dated November 30, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes continuation of the auditing services of Cusack & Company, CPA’s to provide auditing services to the Town of Queensbury for the year ending December 31, 2004 and provide accounting advice to the Town throughout 2005 for an amount not to exceed $14,625 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to sign any documentation and take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None Regular Town Board Meeting, 12-20-2004, Mtg #59 706 ABSENT: None RESOLUTION AWARDING BID FOR SENIOR CITIZENS TRANSPORTATION TO WARREN-HAMILTON COUNTIES ACEO, INC. - COMMUNITY ACTION AGENCY RESOLUTION NO.: 603, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury duly advertised for bids for transportation for senior citizens in the Town of Queensbury for the year 2005, and WHEREAS, the Warren-Hamilton Counties ACEO, Inc. - Community Action Agency has offered to provide the transportation services for the year 2005 for the amount of $17,000, and WHEREAS, the Town’s Purchasing Agent has recommended that the Town Board award the bid to the Warren-Hamilton Counties ACEO, Inc. - Community Action Agency, the only and therefore lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the contract for transportation of senior citizens for the Town of Queensbury for the year 2005 to the Warren- Hamilton Counties ACEO, Inc. - Community Action Agency for the amount of $17,000 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Purchasing Agent to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None Regular Town Board Meeting, 12-20-2004, Mtg #59 707 RESOLUTION AWARDING BID FOR LIQUID ALUM, SODIUM HYPOCHLORITE AND LIGHT SODA ASH FOR USE AT TOWN WATER TREATMENT PLANT RESOLUTION NO.: 604, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury duly advertised for bids for liquid alum, sodium hypochlorite and light soda ash in accordance with the Town Water Department Bid Specification No.’s: 04-07, 04-08 and 04-09, and WHEREAS, the Town’s Purchasing Agent and Water Superintendent have reviewed the bids and have recommended that the Town award the bid for each chemical to the lowest bidder in each category who meet all requirements specified in such Bid Specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bids referenced in the preambles of this Resolution as follows: 1. Bid for liquid alum to Holland Company, Inc., for the amount of $242. per dry ton delivered; 2. Bid for sodium hypochlorite to Surpass Chemical Company, Inc., for the amount of $ .619 per gallon delivered; and 3. Bid for light soda ash to Astro Chemicals, Inc., for the amount of $252. per dry ton delivered; with payment for such chemicals to be paid from the appropriate Town Water Department Account(s), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent and/or Budget Officer to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of December, 2004, by the following vote: Regular Town Board Meeting, 12-20-2004, Mtg #59 708 AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CHAZEN ENGINEERING & LAND SURVEYING, CO., P.C. TO PROVIDE ADDITIONAL DATA COLLECTION SERVICES RELATING TO TOWN OF QUEENSBURY GIS BUILD-OUT AND POPULATION PROJECTIONS RESOLUTION NO.: 605, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 154,2004, the Queensbury Town Board authorized engagement of Chazen Engineering & Land Surveying, Co., P.C. (Chazen) to perform a GIS Build- out Study and provide associated population projections and school enrollment figures in the Town of Queensbury, and WHEREAS, the Town’s Executive Director of Community Development has advised the Town Board that it is necessary for Chazen to provide additional data collection services for the study resulting in additional fees in the amount of $3,000, 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, and the School District has confirmed that it will pay its portion ($900) related to the proposed, additional services referred to in this Resolution, 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 additional data collection services in connection with the GIS Build-Out Study and provision of associated population projections and school enrollment figures in the Town of Queensbury for an amount not to exceed $3,000, and BE IT FURTHER, RESOLVED, that the Queensbury Union Free School District shall reimburse the Town of Regular Town Board Meeting, 12-20-2004, Mtg #59 709 Queensbury $900 for its portion of these additional data collection services related to school enrollment estimates, such reimbursement arrangement to be confirmed in a letter-form agreement 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. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING SUPPLEMENTAL AGREEMENT CONCERNING IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF FEDERAL AID-ELIGIBLE COSTS OF A TRANSPORTATION FEDERAL-AID PROJECT - MAIN STREET GATEWAY PLAZA IMPROVEMENTS CAPITAL PROJECT – PIN 1756.27 TO FULLY FUND LOCAL SHARE OF FEDERAL-AID ELIGIBLE AND INELIGIBLE PROJECT COSTS AND APPROPRIATING FUNDS RESOLUTION NO.: 606, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by previous Resolution, the Queensbury Town Board authorized establishment of the Main Street Gateway Plaza Improvements Capital Project (Project), and Regular Town Board Meeting, 12-20-2004, Mtg #59 710 WHEREAS, by Resolution No.: 410, 2002, the Town Board authorized implementation and funding of federal aid-eligible costs concerning the Project, (incorrectly referred to as PIN 1756.14 PIN 1756.27 in prior documents), correctly referred to in this Resolution as , and WHEREAS, this Project, PIN 1756.27, is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the Town of Queensbury wishes to advance the Project by making a commitment of 100% of the federal and non-federal share of the costs of the preliminary engineering, ROW incidentals and ROW acquisition and construction, with such Project Phase Completion Date to be December 31, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reaffirms and authorizes its establishment of the Main Street Gateway Plaza Improvements Capital Project, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to pay in the first instance 100% of the federal and non-federal share of the cost of the preliminary engineering, ROW incidentals, ROW acquisition and construction work for the Project or portions of the Project, with such Project Phase Completion Date to be December 31, 2007, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs $113,000 to be appropriated from Fund #64 – Capital Reserve Fund and $450,000 in the form of an interfund loan from the General Fund to be paid upon the availability of the Federal Funds and such sum is made available to cover the cost of participation in the Project, and BE IT FURTHER, RESOLVED, that in the event that the full federal and non-federal share costs of the Project exceeds the amount appropriated above, the Queensbury Town Board shall convene as soon as possible to appropriate such excess amount immediately upon the notification by the New York State Department of Transportation, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Regular Town Board Meeting, 12-20-2004, Mtg #59 711 Supervisor and/or Executive Director of Community Development to execute the Supplemental #1 Agreement Schedule Nos. A-1/B-1, any other necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the Town with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the Town’s first instance funding of Project costs and permanent funding of the local share of federal aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development to file a certified copy of this Resolution with the New York State Commissioner of Transportation by attaching it to any necessary agreement in connection with the Project, 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 all action necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution shall take effect immediately. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION AUTHORIZING PROMOTION OF GEORGE HILTON FROM LAND USE PLANNER/GIS TO GIS ADMINISTRATOR RESOLUTION NO.: 607, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor Regular Town Board Meeting, 12-20-2004, Mtg #59 712 WHEREAS, the Town of Queensbury’s Executive Director of Community Development has recommended the promotion of George Hilton from Land Use Planner/GIS to GIS Administrator, an established Civil Service position, and WHEREAS, the Town Board wishes to authorize the requested non-competitive promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of George Hilton from Land Use Planner/GIS to GIS Administrator, a Town of Queensbury, st overtime exempt, Grade 7 position, effective January 1, 2005, on a provisional basis until such time as Mr. Hilton passes the Civil Service exam for such position and subject to any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that Mr. Hilton shall be paid an annual salary of $50,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of December, 2004 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF NON-UNION SALARY STRUCTURE FOR THE YEAR 2005 RESOLUTION NO.: 608, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough Regular Town Board Meeting, 12-20-2004, Mtg #59 713 WHEREAS, the Queensbury Town Board previously adopted and then revised its Wage and Salary Structure (Structure) as part of its Salary Administration Program in Section IV of the Town’s Employee Management System Handbook, and WHEREAS, the Town Board wishes to revise the Structure as proposed in the document presented at this meeting entitled, “Town of Queensbury Non-Union Salary Structure,” effective January 1, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and adopts the Non- Union Salary Structure effective January 1, 2005 as follows: Town of Queensbury Non-Union Salary Structure Effective January 1, 2005 Grade Minimum Midpoint Scheduled Max Extended Max 1 17,082 20,569 24,768 25,016 2 19,132 23,039 27,743 28,020 3 21,428 25,803 31,072 31,383 4 23,999 28,899 34,799 35,147 5 26,879 32,366 38,974 39,364 6 30,104 36,250 43,650 44,087 7 33,716 40,598 48,885 49,374 8 37,762 45,471 54,754 55,302 9 42,293 50,927 61,324 61,937 10 47,368 57,040 68,685 69,372 7M 33,716 40,598 48,885 51,550 8M 37,762 45,471 54,754 57,739 9M 42,293 50,927 61,324 64,667 10M 47,368 57,040 68,685 72,429 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to replace the current Non-Union Salary Structure with this new Non-Union Salary Structure in the Town’s Wage and Salary Administration Program in the Employee Management System Handbook. th Duly adopted this 20 day of December, 2004 by the following vote: Regular Town Board Meeting, 12-20-2004, Mtg #59 714 AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT : None RESOLUTION AUTHORIZING ADOPTION OF NON-UNION POSITION/GRADE SCHEDULE FOR 2005 RESOLUTION NO.: 609, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously adopted and then revised a Non- Union Position/Grade Schedule (Schedule) as part of its Salary Administration Program in the Town’s Employee Management System Handbook, and WHEREAS, the Town Board wishes to revise the Schedule as proposed in the document presented at this meeting entitled, “Town of Queensbury 2005 Non-Union Position/Grade Schedule” effective January 1, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and adopts the Non- Union Position/Grade Schedule effective January 1, 2005 as follows: Regular Town Board Meeting, 12-20-2004, Mtg #59 715 Town of Queensbury Non-Union Position/Grade Schedule Effective January 1, 2005 Grade Job Title Ungraded Parts Shop Foreman – to be paid at CSEA Working Foreman Scale Senior Clerk 1 None 2 None 3 Records Clerk Real Property Data Collector 4 Deputy Court Clerk Deputy Town Clerk II Real Property Tax Service Assistant Account Clerk 5 Aquatics Supervisor Building & Zoning Enforcement Officer Confidential Secretary to Highway Superintendent Confidential Secretary to Town Supervisor Confidential Secretary to Community Development Director Court Clerk Deputy Fire Marshal Senior Account Clerk Senior Citizen Program Coordinator Assistant to Assessor Assistant to Assessor I Computer Technology Assistant Billing Supervisor Code Compliance Officer Deputy Tax Receiver 6 Accountant Assistant Director Recreation Deputy Town Clerk I Computer Technology Coordinator Data Collector/Appraiser Principal Account Clerk Legal Assistant Land Use Planner Planning Assistant Fire Marshal 7 Director Building & Code Enforcement Senior Planner Code Compliance Officer/Zoning Administrator GIS Administrator Water Maintenance Distribution Supervisor 7M Cemetery Superintendent Director Solid Waste Operations Director Building & Grounds (Facilities) 8M Deputy Highway Superintendent Deputy Superintendent Water Engineer Director Parks & Recreation Deputy Superintendent Wastewater 9M Assessor Director of Information Technology Budget Officer 10M Executive Director Community Development Superintendent Water & Wastewater Regular Town Board Meeting, 12-20-2004, Mtg #59 716 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to replace the current Non-Union Position/Grade Schedule with the new Non-Union Position/Grade Schedule in the Town’s Wage and Salary Administration Program in the Employee Management System Handbook. th Duly adopted this 20 day of December, 2004 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT : None RESOLUTION ADOPTING PART-TIME HOURLY WAGE AND ANNUAL STIPEND, NON-MANAGEMENT, NON-UNION FULL-TIME STAFF AND MANAGEMENT STAFF SALARY SCHEDULES EFFECTIVE JANUARY 1, 2005 RESOLUTION NO.: 610, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to adopt new salary and wage schedules for its part-time hourly, non-management, non-union full-time and management staff for 2005, and WHEREAS, these salary schedules shall supersede all previously adopted salaries for these positions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the new salary and wage schedules for its part-time hourly, non-management, non-union full-time and management staff, effective January 1, 2005 as follows: Regular Town Board Meeting, 12-20-2004, Mtg #59 717 Part-Time Hourly Wage and Annual Stipend Schedule Year 2004 Position Wage/Stipend Clerk-Assessor’s Office, Part-time 13.11 Real Property Tax Service Asst., Part-time 15.88 Cemetery Secretary 11.87 Court Officer – Hourly Rate 12.60 Court Officer-Service Fee 21.72 School Traffic Officer (two hour guarantee) 12.81 Clerks, Temporary and Part-time 10.87 Laborer, Part-time 12.00 Senior Account Clerk, Part-time 11.58 Data Collector, Part-time 11.65 Temporary Mapping Technician 12.79 Joint Assessment (Glens Falls) Incl in Salary Tax Receiver 6,595 Historian 10,000 Deputy Supervisor 1,415 Planning & Zoning Board Chairman 65. Per meeting Secretary 60. Member 55. Board of Assessment Review – Per Session 50. Regular Town Board Meeting, 12-20-2004, Mtg #59 718 Non-Management - Non-Union Position Grade OT Salary Director Building & Codes 7 Ex 50,548 Code Compliance Officer/Zoning Adm 7 Ex 43,680 Senior Planner 7 Ex 47,492 Maintenance Supervisor – Water 7 Ex 49,767 GIS Administrator 7 Ex 50,000 Legal Assistant 6 Ex 44,087 Assistant Recreation Director 6 Ex 44,087 Computer Technology Coordinator 6 25,000 Data Collector/Appraiser 6 37,539 Fire Marshal 6 Ex 37,974 Accountant 6 Ex 38,295 Land Use Planner 6 Ex 42,580 Principal Account Clerk 6 39,678 Court Clerk 5 Ex 39,678 Court Clerk 5 Ex 39,678 Deputy Town Clerk I 6 Ex 39,670 Court Clerk 5 Ex 34,484 Bldg & Code Enforcement Officer 5 39,408 Senior Citizen Program Coordinator 5 35,048 Bldg & Zoning Enforcement Officer 5 37,086 Confidential Secretary to Town Supervisor 5 Ex 34,145 Assistant to Assessor I 5 34,000 Assistant to Assessor II 5 32,000 Code Compliance Officer 5 36,867 Deputy Fire Marshal 5 33,830 Confidential Highway Secretary 5 Ex 31,916 Billing Supervisor 5 33,400 Aquatics Supervisor 5 Ex 30,030 Court Clerk 5 Ex 21,840 Computer Technology Asst. 5 38,000 Deputy Tax Receiver 5 35,426 Building & Zoning Enforcement Officer 5 35,000 Conf. Secretary to Exec. Dir. Community Devel. 5 32,066 Real Property Tax Service Assistant 4 35,426 Account Clerk 4 35,147 Deputy Town Clerk II 4 Ex 35,147 Deputy Receiver of Taxes 4 26,781 Senior Clerk Ungraded 25,875 Parts Shop Foreman Ungraded 35,952 Regular Town Board Meeting, 12-20-2004, Mtg #59 719 Management Positions Position Grade Salary Superintendent Water & Wastewater 10M 72,047 Executive Director Community Development 10M 60,872 Assessor 9M 73,583 Director of Information Technology 9M 59,440 Budget Officer 9M 51,000 Deputy Superintendent Water 8M 57,739 Director of Parks & Recreation 8M 57,739 Deputy Highway Superintendent 8M 49,941 Deputy Superintendent of Wastewater 8M 57,739 Engineer 8M 49,680 Director of Solid Waste Operations 7M 51,550 Director of Building and Grounds 7M 47,079 Cemetery Superintendent 7M 42,849 th Duly adopted this 20 day of December, 2004 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT : None ABSTAIN: Mr. Turner (Deputy Town Clerk II, Bldg & Code Enforcement Officer) RESOLUTION TO AMEND 2004 BUDGET RESOLUTION NO.: 611, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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: Regular Town Board Meeting, 12-20-2004, Mtg #59 720 ACCOUNTING FROM: TO: $ AMOUNT: 032-8110-4130 032-9060-8060 227.50 (Town Counsel Fees) (Health Ins. Prem.) 032-1680-2032 032-9060-8060 325. (Computer Software) (Health Ins. Prem.) 032-8120-4220 032-9060-8060 47.50 (Training & Education) (Health Ins. Prem.) BUILDING AND GROUNDS FROM: TO: $ AMOUNT: 001-1620-2899 001-1620-4060-22 2,500. (Capital Constr.) (Contracted Services) 001-1620-2899 001-1620-4060-22 1,463. (Capital Constr.) (Contracted Services) CEMETERY FROM: TO: $ AMOUNT: 002-1680-2031 002-8810-4100 93. (Computer Hardware) (Telephone-Cemetery) 002-1680-2031 002-8810-4100-0011 93. (Computer Hardware) (Telephone-Cemetery) COMMUNITY DEVELOPMENT FROM: TO: $ AMOUNT: 001-3620-4155 001-8020-2010 16. (Temp. Personnel) (Off. Furn. & Equip.) 001-3620-4050 001-8020-2010 488. (Books) (Off. Furn. & Equip.) 001-3620-4070 001-8020-2010 100. (Bldg. Rep. & Serv.) (Off. Furn. & Equip.) 001-3620-4090 001-8020-2010 1,447. (Conference Exp.) (Off. Furn. & Equip.) 001-3410-4040 001-8020-2010 265. (Dues) (Off. Furn. & Equip.) 001-3410-4050 001-8020-2010 595. (Books) (Off. Furn. & Equip.) 001-3410-4090 001-8020-2010 417. (Conference Exp.) (Off. Furn. & Equip.) COMMUNITY DEVELOPMENT Regular Town Board Meeting, 12-20-2004, Mtg #59 721 FROM: TO: $ AMOUNT: 001-3410-4800 001-8020-2010 200. (Equip. Repairs) (Off. Furn. & Equip.) 001-8010-4400 001-8010-1606-0002 100. (Misc. Cont.) (Zoning Enf. Officer – OT) 001-3510-2001 001-3510-1001 5. (Misc. Equip.) (Meal Tickets) 001-3510-2001 001-3510-1640-0002 21. (Misc. Equip.) (ACO – OT) TOWN COUNSEL FROM: TO: $ AMOUNT: 001-1990-4400 001-1420-4133 10,000. (Contingency) (Article 7 Litigation Fees) WASTEWATER FROM: TO: $ AMOUNT: 032-8120-4400 032-8120-1570 150. (Misc. Contractual) (Maint. II OT) 032-1680-2032 032-8120-1570 275. (Computer Software) (Maint. II OT) 032-8120-2020 032-9060-8060 1,400. (Vehicles) (Health Ins. Prem.) 032-8120-2300 032-9060-8060 2,000. (Metering Devices) (Health Ins. Prem.) 032-8120-4440 032-9060-8060 2,000. (Sewer Line Maint.) (Health Ins. Prem.) 032-8120-4520 032-9060-8060 6,000. (Odor Control) (Health Ins. Prem.) WASTEWATER FROM: TO: $ AMOUNT: 035-8110-4901 035-9710-6010 3,500. (Intrn-Dept. Admin. Alloc.) (Serial Bond Principal) 032-1680-2031 032-9060-8060 1,000. (Computer Hardware) (Health Ins. Prem.) 032-8110-4201 032-9060-8060 1,000. (Uninsured Risks & Deduct.) (Health Ins. Prem.) WATER FROM: TO: $ AMOUNT: Regular Town Board Meeting, 12-20-2004, Mtg #59 722 040-8340-2899 40-9950-9030 19,400. (Cap. Constr.) (Trans. To Cap.) th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH ABSTRACT OF DECEMBER 16, 2004 RESOLUTION NO.: 612, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as thst the Abstract with a run date of December 16, 2004 and a payment date of December 21, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a run thst date of December 16, 2004 and payment date of December 21, 2004 numbering 24-584800 through 24-595700 and totaling $656,363.71, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None Regular Town Board Meeting, 12-20-2004, Mtg #59 723 RESOLUTION AUTHORIZING BOUNDARY LINE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SHERWOOD ACRES CONSTRUCTION CORPORATION REGARDING OWNERSHIP OF LANDS ALONG A PORTION OF BARBER AND HALL ROADS RESOLUTION NO.: 613, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury owns parcels of land contiguous to parcels of land owned Sherwood Acres Construction Corporation along a portion of Barber and Hall Roads in the Town of Queensbury and as set forth on the Survey Map of Ruth A. Goodrich prepared by th VanDusen & Steves, Land Surveyors, LLC dated December 12, 2001, and WHEREAS, at certain points these roads are Town roads-by-use and not on the deeded parcels, and WHEREAS, the Town Highway Superintendent met with VanDusen & Steves, Licensed Land Surveyors, to resolve the disparity concerning the roads’ location and recommends that the Town accept certain property from Sherwood Acres Construction Corporation which will provide for better maintenance of the roads and provide the Town with fee ownership of a 50’ right-of-way, and WHEREAS, a proposed Boundary Line Agreement, in form approved by Town Counsel, has been presented at this meeting and the Highway Superintendent and Town Counsel recommend that the Town Board authorize such Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes for Town highway purposes the Boundary Line Agreement between the Town of Queensbury and Sherwood Acres Construction Corporation concerning the ownership of lands along a portion of Barber and Hall Roads within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Boundary Line Agreement substantially in the form presented at this meeting, and further authorizes and directs Town Counsel to prepare and the Town Supervisor and/or Town Highway Superintendent to execute any and all other documents, including a Real Property Transfer Report Regular Town Board Meeting, 12-20-2004, Mtg #59 724 in form acceptable to Town Counsel, and take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING RECEIPT OF $20,000 IN OCCUPANCY TAX REVENUES FROM WARREN COUNTY RESOLUTION NO.: 614, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 375,2004, the Queensbury Town Board entered into a Local Tourism Promotion and Convention Development Agreement (Agreement) between the Town and Warren County to provide for the Town’s use of $10,000 in occupancy tax revenues received by Warren County, and WHEREAS, the Agreement provided for initial funds of ten thousand dollars ($10,000) and any additional funds to be provided only in accordance with further Resolution adopted at the sole discretion of the Warren County Board of Supervisors, with all funding subject to and in accordance with and the terms and provisions of the Agreement without the need to approve and sign additional agreements for additional payments, and WHEREAS, by Resolution No.: 771 of 2004, the Warren County Board of Supervisors authorized additional funding to the Town of Queensbury in the amount of $20,000, and WHEREAS, the Town wishes to accept such funds by Resolution in accordance with the Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes acceptance of twenty thousand dollars ($20,000) from Warren County in accordance with the terms set forth in the Local Regular Town Board Meeting, 12-20-2004, Mtg #59 725 Tourism Promotion and Convention Development Agreement between the Town and Warren County (Agreement) as authorized by Queensbury Town Board Resolution No.: 375,2004, and BE IT FURTHER, RESOLVED, that specific expenditure of such funds shall be subject to further authorizing Town Board Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward certified copies of this Resolution to the Warren County Attorney’s Office and Warren County Board of Supervisors and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of December, 2004, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT: None RESOLUTION REJECTING BID FOR TOWN NEWSLETTER AND AUTHORIZING READVERTISEMENT FOR BIDS RESOLUTION NO.: 615, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Purchasing Agent previously advertised for bids for production of the Town Newsletter, and WHEREAS, it is not clear that the received bids meet the criteria set forth in the Town’s bidding specifications, and WHEREAS, the Purchasing Agent and Town Counsel have therefore recommended that the Town Board reject the bids received and readvertise for bids for the Town Newsletter, NOW, THEREFORE, BE IT Regular Town Board Meeting, 12-20-2004, Mtg #59 726 RESOLVED, that the Queensbury Town Board hereby rejects the bids received by the th Town Purchasing Agent for production of the Town Newsletter opened on December 17, 2004 and authorizes and directs the Purchasing Agent to readvertise for bids for the preparation and design of the Town Newsletter which shall not include the costs of printing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town 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. th Duly adopted this 20 day of December, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 8.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCD FROM THE FLOOR NONE 9.0 ATTORNEY MATTERS NONE SUPERVISOR STEC-I want to thank TV8 and Glens Falls National Bank again, I want to remind the public www.queensbury.net and on behalf of the Town Board everyone Happy Holidays, Merry Christmas and Happy New Year, we will see you all in 2005. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 616.2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED , that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 20 day of December, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Regular Town Board Meeting, 12-20-2004, Mtg #59 727 Miss Darleen M. Dougher Town Clerk-Queensbury