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2010-10-12 SP MTG #38 SPECIAL TOWN BOARD MEETING 10-12-2010 MTG #38 31 SPECIAL TOWN BOARD MEETING MTG. #38 OCTOBER 12, 2010 RES. 339 - 342 6:30 p.m. TOWN BOARD MEMBERS SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER Budget Officer Barbara Tierney RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION AGAINST JOAN DENTON RESOLUTION NO.: 339, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury previously commenced action against Joan Denton for violation of Queensbury Town Code §102-3 for maintaining a junkyard as defined by the Queensbury Town Code without a proper permit, and WHEREAS, the premises at 2297 Ridge Road in the Town of Queensbury is owned by Joan Denton (the “Premises”), and WHEREAS, Ms. Denton continues to thwart the Town’s Junkyard Ordinance, and th WHEREAS, on or about October 4, 2010, the Town’s Director of Building and Codes Enforcement, David Hatin, investigated a complaint of building without a permit, and WHEREAS, based upon the observation of the property, it appeared that a garage was under construction for which no permits were issued, and WHEREAS, a search warrant was issued by Town Justice Michael Muller and an investigation was made consistent with that warrant, and WHEREAS, Town Officials report that: 1.construction of a garage is underway for which no permits were issued; 2.an illegal expansion of a second structure was built without permits; 3.junk and debris have been deposited on the Premises; and SPECIAL TOWN BOARD MEETING 10-12-2010 MTG #38 32 4.activities have been undertaken in violation of the Town Zoning Ordinance; and WHEREAS, the Town is extremely concerned that construction without approvals and the accumulation of junk constitutes a peril to human health, and WHEREAS, Queensbury Town Court lacks injunctive power to require compliance with the Town Code, and WHEREAS, the Queensbury Town Board wishes to pursue preliminary and injunctive relief, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the commencement of a Warren County Supreme Court action to pursue preliminary and injunctive relief in the matter of the Town of Queensbury vs. Joan Denton as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel, Director of Building and Codes Enforcement and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 12 day of October, 2010, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None DISCUSSION: 2011 TOWN BUDGET Supervisor Stec: SPECIAL TOWN BOARD MEETING 10-12-2010 MTG #38 33 ? The sources of increases in the general fund over the years has been payroll and benefits, this year and the last couple of years Health Insurance and Retirement. We are looking at not filling three upcoming vacant positions. Noted that the number of persons working for the Water Department has been constant for approximately thirty years. In the Highway Dept. they have a few more people there than they did ten years ago but they have 10% more roads that they are taking care of. Our goal st is next Monday to set a public hearing for November 1. Noted that the general fund went up a half of a percent. In the general fund in budgeted amount for health insurance went up two hundred and twenty two thousand five hundred, the retirement went up a hundred and thirty two thousand in the general fund. Councilman Montesi- ? On the revenue side are we anticipating a revenue increase of sales tax? Supervisor Stec- ? No Tax rate proposed .65 per thousand of assessed value. Estimated sales tax 7.275 million. Fund balance of 1.2 million. Noted fire and ems rates are flat, lighting districts are flat…wastewater is up due to capital payment to the City. … still waiting for information from the city to be given to our accountants. Councilman Montesi- ? Spoke on the projects done by the Highway Dept. which is straining his budget. Highway Supt. Travis- ? Concerned about dollar amount in blacktop ? Concerned about trucks-two are off the road at present to repair just the frames on the trucks would be fourteen thousand dollars each…we have aging equipment …two other trucks, need work …. ? Concerned about the future without getting new equipment. Supervisor Stec- ? I think it will be short term of leanness like this. ? Noted money has been spent on new islands and cleanup of the old oil spills and new air conditioning in the building. Highway Supt. Travis- ? If we need sidewalk repairs there is no money in the budget. ? We have twenty two trucks on line…for snow work twenty one trucks run. Councilman Brewer- ? I am not saying yes or no to a truck, we must maintain the roads Councilman Metivier- ? My concern is that will fall into the same rut as with the fire trucks and all of a sudden need four or five in a year. Supervisor Stec- ? The only thing that I did from the budget that Mike gave me was I took fifty thousand out of paving. Councilman Brewer- ? What was the Highway Budget last year? Budget Officer Tierney- ? 3.8 to 3.6 Councilman Montesi- ? Two hundred and fifty thousand less SPECIAL TOWN BOARD MEETING 10-12-2010 MTG #38 34 Highway Supt. Travis- ? It was cut four hundred and fifty plus Supervisor Stec- ? We have budgeted 7.3 million in sales tax lets say six months from now sale tax has not gotten worse it has gotten better, then we know we will close at more than 7.5 which means we have $200,000 so next year we can say we can purchase a new highway truck. Highway Supt. Travis- ? Requested fifty thousand be added to paving. Supervisor Stec- ? I do not want to add fifty thousand into paving, I do not want to go to 68cents…noted all the county uses is Chips funds, in this economy we can tough it out a year. Highway Supt. Travis- ? Updated Town Board on Meadowbrook Road and Hillman Drainage. Board Discussed: ? Discussion was held on non profits-Soap Box, Glens Falls Youth Center, Mountainside Library, Youth Court and Feeder Canal etc.. ? Discussed Warren County and their building and fire inspections ? Discussed Land Conservancy funding ? Discussed uses of Bed Tax monies for 2011 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 340.2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED , that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss contract/labor negotiations. th Duly adopted this 12 day of October, 2010 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 341.2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. TH Duly adopted this 12 day of October, 2010 by the following vote: SPECIAL TOWN BOARD MEETING 10-12-2010 MTG #38 35 AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 342.2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. th Duly adopted this 12 day of October, 2010 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury