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2004-06-07 MTG25 REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 770 REGULAR TOWN BOARD MEETING MTG#25 TH JUNE 7, 2004 RES# 288-307 7:00 P.M. B.H. 13-13A BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER PRESS POST STAR TV 8 TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VAN DUSEN ASSESSOR, HELEN OTTE TOWN BUDGET OFFICER, JENNIFER SWITZER PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STEC MOMENT OF SILENCE RECOGNIZING THE PASSING OF PRESIDENT RONALD REAGAN SUPERVISOR STEC-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 288, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 7 day of June, 2004 by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 771 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF F. HAGAR AND JANE JOHNSON RESOLUTION NO.: 13, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, F. Hagar and Jane Johnson have applied to the Local Board of Health for a variance from Chapter 136, 136-11, which requires applicants to obtain a variance for holding § tanks and the applicants wish to upgrade their existing holding tank system by installing two (2) new 1,000 gallon holding tanks and new alarm system in order to bring the existing holding tank system into compliance with Town Code requirements for a two (2) bedroom home, and WHEREAS, Mr. Hagar and Ms. Johnson have also applied to the Local Board of Health for two (2) additional variances from Chapter 136 to allow: 1. placement of the holding tanks 4.04’ from the west property line in lieu of the required ten feet (10’) setback; and 2. placement of the holding tanks 4.85’ from the east property line in lieu of the required ten feet (10’) setback; on property located at 28 Brayton Lane in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public st hearing on June 21, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider F. Hagar and Jane Johnson’s sewage disposal variance application concerning property located at 28 Brayton Lane in the Town of Queensbury and bearing Tax Map No.: 239.08-1-11 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 7 day of June, 2004, by the following vote: REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 772 AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH13A, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into the Regular Session. th Duly adopted this 7 day of June, 2004, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner Noes: None Absent:None PUBLIC HEARINGS CHANGE OF CLASSIFICATION OF PROPERTY OWNED BY JOHN HUGHES FROM PROFESSIONAL OFFICE TO SINGLE FAMILY RESIDENTIAL TWENTY THOUSAND SQUARE FEET PUBLIC HEARING OPENED 7:04 P.M. NOTICE SHOWN MATT STEVES REPRESENTING JOHN HUGHES SUPERVISOR STEC-This is a public hearing to consider a rezoning it has gone to th the Planning Board it was forwarded to the Planning Board on March 15. The Planning Board has recommended approval of this rezoning down here on Bay Road more or less across from Walker Lane on Bayberry Drive. There are two existing professional offices zones that are sized and they are set back off of Bay Road and the owner would like to have them rezoned back to single family residential. I believe that following this action there is still a subdivision pending for the creation of one additional single family residential lot, I believe that the action tonight would allow for all of that. With that I’ll open the public hearing, I see the applicant’s agent is here. I’ll just ask anyone that comes forward and speaks tonight introduce yourself for the record. MATT STEVES-This was in front of you before, and again as you had stated referred back to the Planning Board and they have passed a positive recommendation back to this board. The two lots, lots three and four as shown on the map were portions of a previously approved subdivision Burke View Acres back in 1966 and was filed accordingly. I believe in talking to staff Chris Round and Mr. Hughes they had said that no question they would allow those to be rezoned back. He would also like the other lot it would be lot two also to be REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 773 residential and the rest of it left to professional office. We have shown a concept subdivision plan, which the Planning Board has reviewed and any action by this board would have to go back in front of the board for the final subdivision approval. That is what we’re trying to do is get the three lots back to residential two which were previously residential. SUPERVISOR STEC-That’s exactly my understanding. Anything else? MR. STEVES-No, unless there are questions from the board. SUPERVISOR STEC-Questions from the board regarding this subdivision? The public hearing is opened, but I’ll see if there is any initial salvo from the board before we bring the public forward. Anyone from the public that would like to speak on this rezoning? I think Mr. Steves did accurately at least to my understanding that is exactly the situation. Anyone from the public at all? NO PUBLIC COMMENT PUBLIC HEARING CLOSED 7:09 P.M. RESOLUTION AUTHORIZING AMENDMENT OF ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY JOHN HUGHES FROM PROFESSIONAL OFFICE (PO) TO SINGLE FAMILY RESIDENTIAL – TWENTY-THOUSAND SQUARE FEET (SFR-20) RESOLUTION NO. 289, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is considering a request by John Hughes to amend the Town Zoning Ordinance and Map to rezone a portion of the property bearing Tax Map No.: 296.12-1-23 located on the north side of Bayberry Drive, “Brookview Acres” in the Town of Queensbury from Professional Office (PO) to Single Family Residential – Twenty-Thousand Square feet (SFR-20), and th WHEREAS, on or about March 15, 2004, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town’s Planning Board for report and recommendation and consenting to the Planning Board acting as Lead Agency for SEQRA review of the project, and th WHEREAS, on or about April 27, 2004, the Queensbury Planning Board considered the proposed rezoning, adopted a SEQRA Negative Declaration and made a positive recommendation to the Town Board to approve the rezoning application, and th WHEREAS, on or about April 14, 2004, the Warren County Planning Board considered the proposed rezoning and made a recommendation of “No County Impact,” and REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 774 WHEREAS, the Town Board duly conducted a public hearing concerning the proposed th rezoning on June 7, 2004, and considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone property owned by John Hughes bearing Tax Map No.: 296.12-1-23 located on the north side of Bayberry Drive, “Brookview Acres” in the Town of Queensbury from Professional Office (PO) to Single Family Residential – Twenty-Thousand Square feet (SFR-20), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to arrange with a surveyor to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals and the Town of Queensbury Planning Board, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance Article XIII and Town Law §265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk’s Office. th Duly adopted this 7 day of June, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT:None REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 775 PUBLIC HEARING – NORTH QUEENSBURY RESCUE SQUAD INC. PROPOSAL TO PROVIDE PAID EMT SERVICES DURING SUMMER 2004 AND AMENDING EMERGENCY SERVICES AGREEMENT OPENED 7:09 P.M. NOTICE SHOWN SUPERVISOR STEC-There has been a request as was discussed earlier in the year during negotiation time North Queensbury had expressed this interest then and they are following through requesting one paid position for the three months basically between Memorial Day and Labor Day when they see the bulk of their calls in that district which makes sense. I think being that the large summer crowd that comes in the summer residents they were looking for the Town Board to consider paying for that. It is roughly four thousand dollars a month for one person or twelve thousand dollars for the summer. We had a workshop on this and we set the public hearing. I think we had only one question, I don’t know if it was a killer question, but it was a question that I think we wanted to have an answer to. With that, I see there are members of North Queensbury EMS here and I’ll ask their President to step forward; Dave and John and maybe brief the board and public if you wanted to add anything that I may have left out. MR. OWENS-I don’t think so I think you’ve covered pretty good. We are looking for an amendment in our contract include up to twelve thousand dollars for one paid person during the week. COUNCILMAN BREWER-Is there a set dollar amount per month like there is with West? SUPERVISOR STEC-If I can interject. It is my understanding that whether it was an ALS Tech or BLS Tech might vary from day to day or week-to-week so we are talking about a not to exceed number. The actual number may vary from month to month depending on how many hours are ALS verses BLS. Four thousand I think we were saying for a conservative number it may likely be less than that. MR. OWENS-It may likely be less. MR. IRONS-We have certain people that are volunteering during the week also who will be taking time and not be paid for it so we are filling in the gap that way. What we hope to do is hold it to the twelve thousand dollars period. SUPERVISOR STEC-I know that in our workshops and I know that we are in the middle of a Pilot Program right now with West Glens Falls by all indications that I’ve been able to observe and hear from folks at the County and folks in the business its going very well. I know that their initial setup there was some initial kind of setup thing and surprises that no one had budgeted for or wasn’t allowed for at the time that I think they were in hindsight they were wishing that they had thought of that. We told them that’s why it’s a pilot and we can go forward from that. I want to make sure that you are comfortable if we proceed forward with this it would be four thousand dollars per month for those three months period whether or not they are required or nice to have or whether it’s outfitting or physical or immunizations you guys will cover that somehow. MR. IRONS-We’ve already covered all this in particularly learning what problem West Glens Falls also Lake George has had. We’ve interviewed them as well and we realize the problems they’ve had and we think that we can easily do the twelve thousand and come in under budget. REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 776 SUPERVISOR STEC-Last, I understood we were talking in deed about a Keena contract between you and Keena similar to the Pilot Program that West has. MR. IRONS-Yes. SUPERVISOR STEC-Any questions from the Town Board except for the one that I know we’ve got out there? I know that Jennifer talked with somebody from the squad today I don’t think it was either one of you. BUDGET OFFICER, SWITZER-I spoke with Ann Clugstone. SUPERVISOR STEC-There was a question obviously John you got a copy of the Audit Report that we had, that were marked, it’s a public document and remarked that indeed there was a large fund balance. We asked questions Denise was there and she told us it was a restricted gift. I think we are looking for just some sort of verification on that because I think we ought to know. MR. IRONS-What we are talking obviously is a sum of a couple hundred thousand dollars. SUPERVISOR STEC-Correct. MR. IRONS-It was left to us by individuals that lived in the area; it was left to the squad not to be used by the benefit of the Town, but to be used by the squad for its benefit. We have had those monies for a number of years we’ve held on to them. We are basically restricted Phil McIntire, a local Attorney has told us basically some of the things that we want to use it for to give a grant to school anybody going into medicine or something like that we can’t use it for that we have to use it for our own particular people we are a non-profit corporation. Therefore we will get a letter to you from Phil McIntire, we will get a letter to you stating basically that it is to used by our membership only. What we’ve been doing with that in case there has been some questions is for example, if we wanted to expand the building or something has come along obviously being in EMS you have a breakdown of an ambulance or whatever those funds are used to cover those expenses until such time as we’re able to get reimbursed from the Town of whatever. It is a nest egg that we have sitting there and we’ve had sitting there for a number of years just for that. I mean it’s good business sense to have that kind of money sitting there for our protection. If we just went from dollar to dollar every single year we would be in a large problem like many of the other organizations that try to do this type of thing. SUPERVISOR STEC-I think why this is a question before I throw it to staff is solely because some fire departments have a separate account for fund raising. Where if you had that and I’m not suggesting that you do that because frankly all our contracts say that we have the right to audit all the books. I don’t think the Town has been very good in exercising that right in the contract, but be that as it may I’m assuming that all your money is in this account and that’s why when we audit your books we see it and that’s why we’re asking the question. MR. IRONS-We have no problem with that, but also on the other side of it too as of all you know we are the lowest paid group EMS wise, fire wise, whatever in the Town. I mean you are getting a heck of a bang for the buck because these people that have been in this organization for the number of years they have, they take care of the money and make sure that we are doing what we are suppose to be doing with it. REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 777 SUPERVISOR STEC-Bob and Jennifer as far as the question that we had with a letter from their Attorney, Jennifer is nodding her head. TOWN COUNSEL, HAFNER-A letter from the Attorney describing what its restricted use is. BUDGET OFFICER, SWITZER-Actually, I would pass that on to your independent auditors because it should be included as part of your financial statement. MR. IRONS-Which it is. BUDGET OFFICER, SWITZER-I went back ten years and I couldn’t find there is any restriction on any of your cash and that’s why I questioned it. SUPERVISOR STEC-So it sounds like you can do that. It doesn’t surprise me I know that you don’t have two hundred thousand dollars of leftover Town money in your account. MR. IRONS-No. Believe me we have to fill in the gap every year particularly last year or this year coming up. SUPERVISOR STEC-Any questions from Town Board members? COUNCILMAN STROUGH-We saw the merits in this proposal seeing that its during the summer the population balloons up there at the lake and also the chances for the need for your service balloons. It’s unfortunate that we are not able to get volunteers like we once used to everyone seem to speak to that both on the Fire Department and on the EMS Squads. The population of volunteers that we have on Fire and EMS levels are aging they are not being replaced. We do want to provide a quick and dependable service for the people in North Queensbury and this does it so I support your proposition here for those reasons. SUPERVISOR STEC-At this point, I’ll open the public hearing if I haven’t already done so. I’ll ask that any members of the public that would like to come up and discuss or ask questions about this particular proposal that we are considering tonight please feel free. DOUG WILDERMUTH-Volunteer Rescue Squad Member in Bay Ridge, paid employee in West Glens Falls Pilot Program, most of all I am a taxpayer right over here in Stonehurst. A couple questions I had regarding their program. First of all, I support the program I think it’s a great idea especially for those months. I think if the agency recognizes they need it they should get it that’s what I wanted to first put out as a disclaimer. The other issue, I had was Keena although a wonderful agency, I’m just wondering where we’re going with everybody kind of doing their own Pilot Programs. West Glens Falls in itself pays itself, pays a little under fifteen hundred dollars a month for its nine employees that excluding payroll, for workers comp, for the administration fee from Keena. In a town that is looking to streamline some emergency services I was just wondering what direction we want to take this in? As far as let’s say Bay Ridge who is interested in doing a paid program comes up to the table next now we are going to have West as well as North Queensbury, as well as Bay Ridge all wanting to do a paid program and then Keena is just going to be saying thank you, thank you, and thank you. I was just wondering what kind of aspect we would be going into? I do think it is important to go ahead and fund this program in some way, but at the same time…. REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 778 SUPERVISOR STEC-At the risk of sounding like I’m speaking for the board, I’ll try to answer some of your questions because I think I got the vibe of where we intend to be heading. We’re looking to streamline we’re looking to justify expenses based on financial and numerical data, call volume, which is why we’re happy and relieved that North Queensbury didn’t come in and say we want two people twelve months out of the year their call volume doesn’t justify it. West clearly justifies they do eighty-five plus percent of the calls that seemed like money well spent. Now, the flip side of the argument is okay that’s great for West, but somebody could have a heart attack in North Queensbury in October, too that’s why we’re trying to encourage the squads to work together. I know that Bay Ridge and West have been working together as far as the paid daytime crew helping. I don’t want to characterize it anymore than that because frankly I’m not privy to exactly what their arrangements are other than I know that they’ve been coordinating their effort in how to use that staff down in West. On top of all that there is a study an RFP that has gone out to look at EMS in the Town and make two recommendations to the Town. The first being what should our EMS program look like. Take a look at what we’ve got now, three units, then a two unit or a one-unit configuration what would an independent consultant recommend would work here. Then, of course, the next thing would be the real basis behind this study is that West is going to need a new building. We’re trying although we’ve fallen behind we’re trying to catch up that we need to identify where is that building going to go. Before we invest a million dollars plus in a building it probably behooves us to spend a little money to make sure that it’s going in a part of Town that makes the most sense. We’ve asked in this RFP for the same kind of analysis where would you put that building if there were three squads? Where would you put that building if there were two squads? Where would you put that building if there were one squad? We don’t have the answer to those questions yet, but I think its safe to say based on call volumes the answer isn’t going to be West got two, Bay Ridge will get two, North will get two. That would be in my opinion anyways not the most efficient use of taxpayer money. We’re trying to work that out and we don’t have all the answers yet. That’s where we’re going is we’re trying to streamline; I think was a good word to use one of your words. MR. WILDERMUTH-That’s what I’m just wondering. Again, although West started the first paid program I’m not saying that North Queensbury should do West’s program. I would believe they should work in conjunction with them maybe to cut down on some costs from Keena. COUNCILMAN BREWER-Ultimately, hopefully it will be one contract with one Keena or similar company with multiple paid employees. Whether it just be one contract by West…. MR. WILDERMUTH-Ultimately, but not now. SUPERVISOR STEC-To add to that the consultant may come in and say, we recommend that municipalize the service. The public needs to know that is a whole higher-level order of magnitude as far as expense goes. We have public hearings on things like budgets and if the public says we value and we don’t mind…. MR. WILDERMUTH-You are waiting on a consultant then? COUNCILMAN BREWER-Yes. REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 779 SUPERVISOR STEC-Yes. That’s why, I think its still fair to say that this is all pilot. We indicated that twelve thousand dollars for this summer; this first summer here I don’t think we had a problem with it, but certainly going forward we are going to need the answers to your questions. Are we going to have one contract where we pick up five people, or four for West, or four for West/Bay Ridge to share, or six for the whole Town and divvy them up some way? You are hitting on a point that yes we’ve got three squads, and yes they all do wonderful work, but the call volumes aren’t the same and therefore the budgets ought not be the same. I know that we get nervous that when one says we want this gizmo that’s going to save lives that the other two will say, so you are buying three where maybe in the Town you would only need one or two. We don’t have the answers and those are the answers that we are trying to get, I think that’s fair. COUNCILMAN TURNER-That sounds good. COUNCILMAN BOOR-I didn’t hear your response though. MR. WILDERMUTH-As far as? COUNCILMAN BOOR-You were just commenting when Dan was talking and I didn’t hear your response. MR. WILDERMUTH-I understand exactly what he was saying. As you guys evaluate who needs what, when, where, and why you don’t want to jip anybody just because somebody gets the smaller amount of calls, I wholeheartedly agree. SUPERVISOR STEC-Because that’s not fair to the guy in North Queensbury that says, well I died because I live in a less caller district. MR. WILDERMUTH-Exactly. That’s why I support the program I just don’t know the management techniques as well and that what affects my curiosity. The other issue with the program, which I haven’t reviewed, I don’t know if there was anything out or not its their physical standards are they going to meet the same as West Glens Falls physical standards for the workers comp issue? SUPERVISOR STEC-That’s not anything at least for myself that I’ve directly considered. Again, this is one of those points where its to the Town and the taxpayers advantage to say, these guys are private non-profits, they are not part of the Town, they are responsible for their own contract, and their own business. Yes, we are paying in a sense so we got an interest in knowing what these answers are. We don’t say, your contract should say this, but you are absolutely right it is a factor that we need to work out. MR. WILDERMUTH-I understand you are not going to tell the agencies how to do their practice, but at the same time we need to stop spending taxpayers monies through one agency if they are not being used in another agency. Again, going back to the streamlining thing to make sure everything is uniform. I know there are a couple concerns at West including the physicals…. SUPERVISOR STEC-I heard that, too. MR. WILDERMUTH-That was my concern if we are not going to do them for one agency we might as well stop wasting taxpayer money through another agency. COUNCILMAN BREWER-But, it is safe to say, I think that if you are doing one thing a certain way and we all get to together at the end of the pilot and say that’s REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 780 what we should do then. Next year, if we have this program then, I think we can all agree that, that’s the best way to go and that’s how we’re going to get our answers by doing just what we’re doing right now. MR. WILDERMUTH-Streamlining again, I agree. If you find something doesn’t work you should probably fix it, I agree. SUPERVISOR STEC-We’re fully aware and I know that we’ve got representation from all three-rescue squads here tonight. We’re fully concerned that streamlining is easy for the five of us that aren’t out there in the cold at a car accident in the middle of winter to talk about, but we are trying to talk about it and we’re trying to work with the three squads as best as we can. We know that there are toes involved that are getting stepped on that we also recognize that we’re not experts in the field. There are memberships….or two out there like any group there is a division among memberships. I often kid there are fifty people in the room fifty different opinions on how this ought to be done, you know we are trying to ask those questions. I think that the three rescue squads on the whole have been great so far this first five and a half months of the year in keeping an open mind in hearing that yes its about service and also about cost they have been patient with us so I appreciate that to all the members of the squads. We’ve got a fragile road ahead of us to try to streamline in a way that everyone can live with. We understand it’s not a perfect world where we just sit down at the easel and draw something up we have to work with the squads and we are trying pretty hard too. Thanks for your input; I saw your President just walked in hopefully we will continue to get answers to these questions and maybe next year we will have something that’s beyond a pilot and it’s a little firmer and even throughout the Town. Anyone else on the North Queensbury paid one person, three months? PETE HARRINGTON, STEPHANIE LANE, QUEENSBURY-Assistant Captain of West Glens Falls. I just would like everybody to know that I support North Queensbury Pilot Program that they are working on. It’s hard for us volunteer agencies to come and ask for money for funding for people because we take a lot of pride in being able to get our rig out with the volunteers. For them to work some paid staff in amongst what they can’t fill with a volunteers, again it’s that proactive approach that we are all taking in the Town. I just hope that they don’t get a negative spin put on this as our Pilot Program did through the Post Star and through some other medias. We are working trying to get better service to our taxpayers in our Town of Queensbury and the people that are our neighbors. I hope that everything that they get from this is positive because we went through a lot of negative and it hurts us personally as well as our organizations to be able to properly disperse treatment and help our other agencies out. I hope that you guys and if something comes up unexpected that they can’t account for, again don’t try to sit there and penalize them because they didn’t see it coming that happens, help them work through this and make this a good program for them because I’m sure they need it. SUPERVISOR STEC-That’s very well said and you are absolutely right West certainly broke the trail for North on this last fall at budget time and you did catch some grief, I thought in the paper. I think as the data is starting to come in and perhaps at the six-month point we will be able to say, hey let’s see where we are at the end of summer. I know that the only handful of calls that West hasn’t got out to during the day has been because they’ve had multiple calls and whereas, I know last year we were talking about over a hundred calls that were backup response. REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 781 MR. HARRINGTON-We still have volunteers on during the day that augment the paid crews so we’re able to run both ambulances today was one of those days that we were busy. SUPERVISOR STEC-The first day of the paid program they held three ALS calls that somebody else would of had to get or it would have been a longer response. I haven’t had any negative feedback at all from anyone in the Town about paid staff since it started at all. MR. HARRINGTON-We had growing pains and we worked through those as best we could so I’d like to see that they are given the fullest assistance that you can to their program. SUPERVISOR STEC-I think we definitely support what North is talking about. It is just that the questions, you and I have had discussions and the speaker before you we’re talking about how you make this fair throughout the Town as far as how do you split up the call volume and the resources. Do you pool them together in some way or do you just try to kind of do it the way we’ve been doing it. I think long term we need a more permanent solution and you’ve been pushing for that and we’re trying to get there. MR. HARRINGTON-The RFP has been sent out? SUPERVISOR STEC-Yeah, right Jennifer? BUDGET OFFICER, SWITZER-No. SUPERVISOR STEC-It didn’t go out wasn’t in the paper last weekend. COUNCILMAN BREWER-Wednesday. SUPERVISOR STEC-It goes in the paper Wednesday? COUNCILMAN BREWER-No. The paid for service is that what you are talking about? SUPERVISOR STEC-He’s talking about the RFP for where the building should go. MR. HARRINGTON-The EMS Study for the Town services. SUPERVISOR STEC-That was finished last week. BUDGET OFFICER, SWITZER-That will be in this weekends paper. SUPERVISOR STEC-Plus we’re going to send it out to other people that we know so it will appear in this weekend’s paper so it is finished. Any other comments on the North Queensbury EMS one paid person, anything else from the Town Board? Jennifer and Bob you are comfortable with just getting a letter and just keeping it as part of the file hopefully getting it so it will attach to the future audit so that they see that indeed this money is restricted? TOWN COUNSEL, HAFNER-Usually your audits would show if you had restricted funds there would be a note that would say it is restricted and what it is restricted for. I would take a letter from Bob McMillan saying this is restricted funds for the following purpose. REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 782 SUPERVISOR STEC-Anything else from the Town Board? PUBLIC HEARING CLOSED 7:33 P.M. RESOLUTION APPROVING NORTH QUEENSBURY RESCUE SQUAD, INC.’S PROPOSAL TO PROVIDE PAID EMT SERVICES DURING SUMMER 2004 AND AMENDING EMERGENCY SERVICES AGREEMENT WITH TOWN OF QUEENSBURY RESOLUTION NO.: 290, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury and the North Queensbury Rescue Squad, Inc. (Squad) have entered into an Agreement for emergency services, which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has advised the Town Board that it wishes to provide paid EMT services during the summer 2004 for the sum of $12,000, and WHEREAS, moneys for the proposed services are not included in the Squad’s current 2004 Budget and Agreement with the Town, and th WHEREAS, on June 7, 2004, the Town Board held a public hearing concerning the Squad’s proposal, amendment to its 2004 budget and corresponding amendment to its Emergency Services Agreement and heard all interested persons, and WHEREAS, the Town Board has determined that it is necessary and in the public interest to act on such proposal on a trial basis to improve the provision of emergency services to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the North Queensbury Rescue Squad, Inc.’s proposal to provide EMT paid services during the summer 2004 in an amount not to exceed $12,000 and approves an increase in the Squad’s operating budget for the year 2004 by an additional $12,000 for operations and maintenance and correspondingly authorizes an amendment to the Squad’s Agreement with the Town, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 783 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documentation, including an amended Agreement between the Town and the Squad in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to take all action necessary to transfer funds and amend the 2004 Town Budget as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 7 day of June, 2004 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None WARREN COUNTY SUPERVISOR’S REPORT – MICHAEL BARODY Warren County Supervisor, Barody spoke to the board regarding the following items. Real Property Tax Services, Michael Swan was nominated to be President of the State Association for 2006. One of the things Mr. Swan is working on is strict computerization as far as how the Towns report back and forth. Mr. Swan is exploring taking credit card payments for some of the Internet Services that we are providing the tax maps, assessment files, and information from Planning and the Clerk’s Office. Veterans Committee, William Mc Garr, noted there are seven thousand three hundred and forty six veterans receiving services in Warren County. Through those services they actual bring in over seven million dollars to the economy in Warren County. Airport Committee, Balloon Festival dates will be ththth September 24, 25, and 26. The experimental aircraft flying is scheduled for thnd August 20 through the 22. Tourism-presented to the board and public the new Billboard for the County. Presented audio video spots that have been created for this year. They have been showing these for the last thirty days in New York City, Long Island, Pennsylvania, Scranton, Syracuse, Connecticut, and Boston advertising the area. In the thirty-day period as of last week they have gotten over three thousand inquires from it noting bookings are up it is looking like a strong season probably one of the stronger seasons already showing than they’ve had in the last two or three years. County Facility-Looking at replacing the Social Services building noting the building is falling apart and becoming unsafe. Health Services, received a letter from a group called IPRO, notifying us that the Warren County Health Services Certified Home Health Agency has been selected to receive the Honorable Mention in Home Health Quality Improvement Award. th Federal Program, June 18, there will be a Volunteer Appreciation Luncheon for people that help put out the meals to the elderly in our area. To be held at the th Knights of Columbus on June 18. The meal program that we have at the Baptist Church will be moving to the Presbyterian Church noting that last year they served to the elderly over two hundred and fifty thousand meals noting it is a worthwhile REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 784 program. The better nutrition that you get people to have the less healthcare problems they have the more alert they stay and the less cost to the County and the better of quality of life that they lead. Legislative Committee, there is a Bill in the Assembly Bill 9822 in the Senate, Bill 6074, it has to do with sales tax on Amusement Parks. Senator Little did some work on our behalf and got the Great Escape to recognize sales tax on the admissions and they agreed to pay it on a hundred percent of the admission price. This legislation that was put in Albany drops it two twenty five percent noting it looks like it will probably pass. The reason for passing is most other counties had zero percent on a tax rate and we were the only ones with a tax rate at the level of which we had it. West Mountain Nursing Home noted they had a great Memorial Day, Supervisor Stec, wrote a great Memorial speech. They are in the final stages of putting together a Co- Generation Plant there, which will save significant money as it relates to our utilities. Looking to have a new affiliation with Sunnyview Hospital and Rehab Center, which will bring in a higher level of rehab, occupational speech, and physical therapy services to our residents. It will improve the care to our folks will also help with revenues it will give more Medicare revenues to operate the facility. Asked the Town Board to reconsider State Comptroller, Alan Heuesi plan noting it will cost the County an additional two million one hundred andseven thousand dollars to fund the plan the way it is setup and hundred of thousands to the Towns. Spoke to the board regarding feedback from residents noting their concerns. One: is regarding the two million dollars putting it back into the County on behalf of the taxpayers here in Queensbury noting most people feel it may a little too much, but most people are saying that we should do at least a million. Two: the paintball issue noting whether you are for or against paintball they generally don’t feel that we’ve handled the process properly. They would like to see maybe take a look at how things are handled and the Town handles the process. Three: most people that have come up to him are against the freeze by the Planning Board. SUPERVISOR STEC-Noted the Moratorium discussion is not on the agenda noting the Town Board is not prepared to discuss it, but certainly at open forum people are invited to come up and take their five minutes. There is a workshop th scheduled for Monday, June 14, to discuss the background that brought the Planning Board to make their recommendation noting it is important to note that it is just that, a recommendation. The paintball issue whether or not people liked the outcome or didn’t like the outcome thinks that the process that the Town used worked, people may or may not agree with the outcome and it may or may not be the final outcome. Noted he has heard some very disturbing reports of less than congenital discourse between people on either side of the issue that concerns him and troubles him, anyone that is out there and knows what he is referring to bear in mind its paintball and it is just a Zoning Board decision asked that we try to keep this in perspective. The two million dollars editorial unsolicited by the Town thanked the Post Star for their support of tax rebates sure that we will pursue this, but will not pursue it tonight. We are required by law to take action by the end of August it will be brought up again in August to be part of the budgeting process. By the time August rolls around we will have a second quarter sales tax revenue data point to look at hopefully it will be a healthy second quarter. Spoke to the board regarding the commercials noting they are very informative. There is a newspaper article in Essex County that was faxed to Bill Thomas regarding a report on the advertising dollar and the impact that advertising had in Essex County the data had an economic impact, which was fifty-to-one. CORRESPONDENCE DEPUTY CLERK O’BRIEN-Town Clerk Monthly Report for May 2004 on file Town Clerk’s Office. Landfill-Report Revenues and Quantities Taken in at REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 785 Luzerne and Ridge Road Transfer Stations from January 2, 2004 thru May 31, 2004, on file Town Clerks Office. Read following letter into record. Memorandum, from James Coughlin, Solid Waste Facilities Operator, Date, June 7, 2004 Re: Household Hazardous Waste Disposal th As you know, on Saturday, June 5 the Town of Queensbury held a Household Hazardous Waste Collection Day. I wish to thank all of you for helping to make this event a success. This year the Town collected hazardous waste from approximately 223 households. The Town last held such an event three years ago. My recommendation is to hold this event every five to seven years. The Town will pay Care Environmental $21, 719.40 for the cost of disposing all collected materials. Thank you again for your assistance. Jim Coughlin SUPERVISOR STEC-Agreed with Mr. Coughlin’s recommendation to hold this every five to seven years. Thanked all people involved with this making it a very effective event. INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE OPEN FORUM 8:05 P.M. KATHLEEN SALVADOR- Speaking as Treasurer of Queensbury Regional Chamber of Commerce. Read the following letter into the record noting it will be forwarded to Warren County Treasurer, Mr. O’Keefe. Our Board of Directors and some of our membership continue to be concerned that sales tax on admission tickets to area amusement centers is being properly charged and remitted to the Department of Taxation and Finance. Our concerns arise because of recent flip flop in the conditions of sales imposed by the Great Escape Group Sales Department on those who choose to participate in their good any day general admission ticket sales program. For example beginning in mid-February of this year the Great Escape began to offer local Hotel/Motel owners a good any day discount admission ticket for resale. Those Hotels/ Motel owners who elect to participate in this program are required to enter into a Consignment Agreement. On its face this program has been presented to the Hotel/ Motel operator’s by the Great Escape as one, which “provides you with admission tickets to the Great Escape at the rate of twenty two dollars each including tax.” A general perception exists that amusement parks in Warren County are required to collect and remit a sales tax on the full admission price of an admission ticket and that only if there are two ticket systems one for admission and one for rides can the charge for rides be exempt from tax in all cases admission charges are taxable. The Consignment Agreement that went out in February did speak in more detail to the diction including tax actually the admission charge in termed “special rate charged for adults.” It was thought to be twenty-one dollars and sixty one cents per ticket plus tax. The total charge to the Hotel/ Motel operator for each admission ticket was set at twenty-two dollars. The difference, which equates to a mere thirty-nine cents, is the sales tax that is twenty two dollars minus twenty one sixty one is thirty nine cents. Although thirty nine cents is greater than the tax collected last year which was twenty cents it computes to only one point eight percent of the admission REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 786 charge a mark deviation from the seven and a quarter commonly thought to be prevailing. In all instances the tax to be levied is only twenty five percent of that tax, which our organization was led to believe would be charged for a one ticket system of admission to an amusement park this was as of February. Just before distribution of these tickets in late May the policy with regard to cost and sales tax changed. Although the sales price remains the same that is twenty-two dollars the admission fee now is twenty dollars and fifty-one cents and the sales tax is a dollar forty-nine now reflecting exactly the County tax rate of seven and a quarter. The February to May flip flop in the sales tax being collected results in the better part of a one million dollar loss of revenue to the Great Escape. This loss is to the benefit of the County and State because of the total cost of an admission remains the same and the sales tax increases from twenty cents last year to thirty nine cents as of February this year, and now is a dollar forty nine as of May this year what is the concern this begs the question is this for real? Are they really going to impute this revenue from one day to the next? Actually admission tickets being sold by our member Hotel/Motel operators do not state the cost there is nothing on the ticket that shows the cost of that ticket. There is no statement on the ticket that the sales tax is included and how much is included. Although our member Hotel/Motel operators have several questions concerning the discount program being furthered by the Great Escape as this relates to the collection, reporting, and remitting of the sales tax being included on their discount admission tickets there is one matter which has remained unanswered. Is the consignee who is vending a taxable sale that is an admission ticket, which includes sales tax and collecting the sales tax bearing any responsibility to report this taxable sale and remit the collected sales tax directly to the State Department of Taxation and Finance? This letter to go to Mr. O’Keefe who gallantly spearheaded a favorable solution to the County Supervisors original concerns relative to taxable admission charges at amusement parks. We now find it necessary to petition him once again in assisting to clarify the Hotel/Motel operator’s responsibility to remit sales tax. Presented to the board leaflet from the Great Escape stating it will be the full amount of sales tax. ATTORNEY JOHN LAPPER-Spoke to the board regarding the moratorium being proposed by the Planning Board. After reading their resolution noted it appears to him that the Planning Board is frustrated by the process; rather than consider a moratorium the problems are sort of systemic noting the applicants and the consultants are frustrated as well with the process in Queensbury noting in other municipalities the process is shorter. Recommended having the Town Engineer sit in on Planning Board Meetings it could work together to reduce the agendas so that projects would be not less scrutinize, but you’d get your day in court a lot quicker and the Planning Board agenda wouldn’t be so busy and the Planning Board members wouldn’t have to be there late at night and the applicant’s wouldn’t have to worry about waiting so long noting those kind of changes should be considered before the drastic step of a moratorium, doesn’t personally see that there are a lot of residential subdivisions left. PAUL DIPHILLIPS, HIDDEN HILLS, QUEENSBURY-Spoke to the board regarding the Planning Board noting he has been attending the meetings regarding some of the occurrences that are going on. He is the owner of a Beverage Distribution Manufacturing Company in Vermont they sell in fifty states also deals with boards there as well has seen the frustration from them and has looked at this from a public view point. Stated there are certain factions on the Planning Board with their own agenda they were supported by the Citizens of Queensbury Committee and certain people were put on the board that were hand picked by members of this board who are what he calls density extremists. We’re all for controlled growth in Queensbury it’s a great place to live that’s why I live here, REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 787 doesn’t believe that these people should be taking their own personal opinions and framing whatever these developers come in with noting the members take action against Counsel, Mark Schachner. Spoke to the board regarding Planning Board member Richard Sanford having his own agenda noted he was told that he was appointed he was hand picked by certain people that were put on the board from the Citizens of Queensbury they shouldn’t be skewing they should either go by the rules or not. He has been to seven meetings and they are still backlog that’s why they want a moratorium urge the board to go to the next meeting and watch how they handle professional paid people and residents who are just trying to get a good piece of quality life in Queensbury according to the rules that you established. GEORGE RYAN, SMALL BUSINESS OWNER, QUEENSBURY-Spoke to the board noting his opposition for a moratorium noting it took ten years to get where we are today. Studies were done by the Town to try to make the process easier for the public noting he has been through the process before. Recommended evaluating the employees every six months, evaluate what they do. Recommended sending out a questionnaire asking the applicants how did the process work for them noting the problem is not with this board, but with the previous administration. LINDA MC NULTY, 14 TWICWOOD LANE, QUEENSBURY-Thanked the board for implementing the trash removal time frame noting it is much better. Spoke to the board asking them to do something regarding the boom boxes noting the City of Schenectady has a law that prohibits them it is enforced to the point that cars are confiscated if people don’t abide by the law. Spoke to the board noting her concern for the public address systems from Great Escape and from the various attractions on Route 9. Asked if there is any way to curb the extent of the noise so it does not travel beyond their boundaries noting it can be done with odor asked why couldn’t it be done with sound? COUNCILMAN BREWER-Tell us how to do it? COUNCILMAN BOOR-It is expensive it is done with electronics. MRS. MC NULTY-Would like to be able to sit on her deck and enjoy lunch and not hear the words to songs being sung at the Great Escape. SUPERVISOR STEC-Recognized previous Elected Officials and Elected Officials and Town Officials in the audience Pliney Tucker, Mike Barody, Craig MacEwan, Nick Caimano, Helen Otte, and several members of the Planning Board. NICK CAIMANO, QUEENSBURY AND COUNTY SUPERVISOR-Spoke to the board regarding the moratorium noting they had a moratorium here one other time noting the problem with moratorium’s or anything that is done artificially instead of letting the marketplace decide is that you also have to artificially start it and this is the problem. By the time you get to a point where you can artificially start it what may happen is what I think happened last time is that you lose the workers that you displaced, the developers go somewhere else, and we’re in a world of trouble until we begin to get back in business asked the board to think about this. Spoke to the board regarding the New York State Retirement System and how much we have to pay. For both New York State Employee Retirement System and the Teachers Retirement System the two of them together the increase from last year’s budget to this year’s budget in that school alone approaches one million dollars noting this is the increase something has to be done. REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 788 MATT STEVES-Spoke to the board regarding the moratorium noting the only thing worse than uncontrolled growth is no growth. The issue isn’t that there are too many agendas items in front of the board that are new it’s just that there are too many that they can’t get rid of it’s clogging up the system noting a moratorium is the worse thing we could do. DONALD SIPP-Spoke to the board regarding his rebuttal regarding the Citizens for Queensbury noting he is a member of the Citizens for Queensbury and has no remembrance of every boosting anybody in particular for any particular position in this Town. May take a stand for elected officials, but for the ones that are on boards has no remembrance in the past four years of ever having said we should back this particular person for a seat on that board. When we take the time to look at things its an attempt by people to get things done right can see that the Planning Board is snowed under by a lot of development in the Town of Queensbury in order to get things done right they must take their time and do it correctly noting a hundred and twenty days is not the end of the world. Let’s step back and take a look at what we’re doing. If we want the Town of Queensbury to look like Clifton Park let’s keep going the way we are. If we want it to look like what most people would like to see it look like let’s step back and take a look at what we’re doing maybe some things can be changed, maybe things streamlined. Let’s not rush into development over development; noting he has lived here for over thirty five years and has seen this place grow has lived in three different subdivision in this Town and has seen them all grow and some grow to the point where they were overburdened with the amount of traffic to the point of having safety concerns. Let’s not take this thing as a development point of view let’s look at some of the other citizens in the Town who may want to say let’s halt for a while take a breath see what we want to do noting the Town spent a lot of money on an Open Space Program let’s make sure it works. MICHAEL O’CONNOR-Spoke to the board regarding his opposition for the moratorium. The Zoning Code for the Town of Queensbury is relatively new it was adopted in 2002 after a lot of study and a great expense noting he really doesn’t know any change of circumstances that would indicate we are going to go back and redo the zoning code noting this typically is the purpose of a moratorium. Sympathizes with the Planning Board noting they did have a tough year some of the projects that they struggled with are past them at this point the big commercial projects that required special meetings and numerous meetings most of those projects are in final approval status or very close to it. The system is working the best it can you have some people that really don’t understand their role or their goal as members of the Planning Board. Thinks what you have heard from the developers and people that come before the boards is we don’t object if the Town wants to hire an independent engineer to review our engineer then it’s an equal review you can hire that at the developers expense, but then accept it. The system isn’t working but it’s not because of the Ordinance that was adopted in 2002 it is because of how it is being applied. A good part of the local economy is residential housing noting there are probably fifteen active residential builders some of them put out as many as a hundred people at one time in different projects. They buy materials from people that supply concrete. They buy materials from people that supply doors and windows. They hire lawyers and surveyors. Housing took a long time to go up in our area housing was depressed, development was depressed we finally seem to be on the up swing. Questioned how may vacant approved lots are in the Town of Queensbury noting there is no inventory there is a need for residential subdivision approvals, affordable housing. Recommended old matters on the agendas should be given preference to new matters when something gets tabled it should go to the head of the line. There are a lot of mechanical administrative things you can do that will help the two boards that may have a REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 789 legitimate concern about the workload that is being put upon them noting he doesn’t think you need a moratorium. CHRIS HADSELL, 26 EAGAN ROAD, QUEENSBURY-Noted his opposition for th the moratorium. Spoke to the board noting he was before the board on April 19 asking about a pile of sand that the Town of Queensbury has five feet off his property line. At that point in time it was mentioned that you would talk to Rick Missita regarding this. A few days later he spoke with Mr. Missita noting he was on his property Mr. Missita stated if he has to move the pile of sand he will, but nobody has told him he had to, questioned where they are at? SUPERVISOR STEC-Has had conversations with DEC noting Highway Superintendent Mr. Missita and Deputy Highway Superintendent; Mike Travis has had conversations with the same people noting they told us there is no violation as far as DEC is concerned. That is not to say there is not a problem, but there is nothing that says that what is occurring there right now is illegal. I agree with you its on top of your property noting Councilman Brewer and himself have asked Mr. Missita to move the pile noting he has said they are in the middle of planning and that he would be happy to move it. They have checked with DEC as far as if it’s a mining operation, what are the requirements as far as does it need to be set back. DEC has told the Highway Department and himself that there is no violation there noting he agrees that it is very close to your property line and being your neighbor we should move it. COUNCILMAN STROUGH-Mike Travis did say they are right in the middle of a project eventually it is going to get moved when I don’t know. MR. HADSELL-Spoke to board regarding a drawing that he has from DEC. SUPERVISOR STEC-Will ask Mr. Missita again. COUNCILMAN BREWER-We’ll ask him tomorrow morning to send someone over there and move it. MR. HADSELL-Would appreciate it if they would let him know. JOHN SALVADOR-Spoke the board regarding the moratorium noting the problem with planning and zoning people have very few property rights because most of what is allowed in the Zoning Ordinance is conditioned on site plan review noting it is putting a load on the Planning Board. Spoke to the board regarding monies that are available for a Wastewater Treatment Program in North Queensbury maybe it could be directed towards Lake George where maybe they are needed noting that there are some serious wastewater problems in the Town of Lake George especially north of the Village. There has been great debates going on in the Village of Lake George regarding the high-rise hotels that are coming in. Read letter from Mayor Blais to Vinnie Crocitto who is a member of the Town Board and owns the Super 8 Motel in the vicinity of the Howard Johnson’s Restaurant. st On March 1, Mayor Blais stated; I have been asked to write to you concerning anticipated problems with odors from our Wastewater Treatment Plant. I have previously sent a similar letter to the Town of Lake George. Our Wastewater Treatment Plant Operator has warned that removal of any large amount of trees and or foliage between your property and the Wastewater Treatment Plant may result in a significant increase in unpleasant odors during the warm summer season particularly at times of high humidity. We are very conscious of the concerns that REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 790 obnoxious odors cause and, of course, our treatment plant was positioned many years ago reasonably away from developments. We will continue to treat our effluent with necessary chemicals to reduce this problem, but believe that foliage and tree cover can contribute greatly to this removal. I regret having to write this letter, but at least must advise you of our concerns as development along Route 9 progresses. Letter written to Lake George Planning Board by Mayor Blais rd On March 3, I am writing to bring to your attention the matter that should be of concern in your future deliberations concerning projects in the Caldwell Sewer District. The Village is preparing a Summary Report on the future capacity of a Wastewater Treatment Plant not only are we concerned about the future, but our present capacity has certain limitations. th March 16, Mayor Blais received letter from his Consulting Engineer, C.T. Male As requested we have reviewed the Wastewater Treatment Flow Records for the summer of 2002, and 2003. Although the average flows have not violated the allowable SPDES Permit flow of one point seven five million gallons per day peak flows often exceed one point seven five million gallons per day and have reached two million gallons per day. The hydraulic capacity of the primary treatment facilities is limited and as flows rise to one point two million gallons and upward well below the design capacity of the plant total suspended solids concentrations in the wastewater treatment effluent increase a great deal potentially decreasing the capacity of the infiltration beds. Because of the limited capacity the primary...gestures we strongly recommend that no significant increase of wastewater flow to the Wastewater Treatment Plant be allowed until improvements are made for more efficient primary treatment. The seven and a half million dollars that could be used effectively in North Queensbury to treat wastewater is somehow going to be directed toward the Town of Lake George questioned where they will put the sewage. COUNCILMAN BREWER-Asked Mr. Salvador how he knows the money is going towards the Town of Lake George? MR. SALVADOR-It is Phase II of the project we’re talking about. Queensbury is Phase I moving into Phase II to benefit Lake George. Read last letter from Mayor Blais. We have been approached by Mr. Spitzer concerning his plans for a hotel project. We obviously have indicated sufficient capacity for a one hundred-unit motel in th our letter of March 17 concerning the De Santis proposal. That letter is our present position and should not relate to any specific project but rather relates to any future one hundred or less unit project that involves accommodations. The plant has reached its limit, capacity, and we are walking on eggshells. The Town should not rely on that Town solving its problem north of the village utilizing the seven million dollars that we think they can better effectively use. Have a problem in North Queensbury it is very much a part of what you are all talking about this moratorium the infrastructure does not exist to do the development that we’re doing in North Queensbury. DAVID STRAINER, 1124 RIDGE ROAD, QUEENSBURY-Spoke to the board regarding the Citizens of Queensbury noting they do not pick or choose who is on REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 791 this board, the Planning Board, nor the Zoning Board. The people on this board pick the Planning Board and the Zoning Board members noted he was surprised the board didn’t point that out to Mr. DiPhillips. Spoke in opposition of the moratorium thinks Mr. O’Connor is correct you can’t keep starting and stopping it doesn’t set a good precedent. Thinks what the Planning Board is trying to say is they are overburden. Agrees with Mr. O’Connor that maybe the Town should have an Engineer and the developers pay for it, but it has to be an Engineer who is devoid of any type of politics. It has to be someone who does not have to answer to you nor to the developers but can come here and give straight answers. Mr. Sipp is right we have found at times with the Citizens Group that there are times when they aren’t right no one is a hundred percent. Think you need to find a way to help the Planning Board get the projects done and done properly. OPEN FORUM CLOSED 8:50 P.M. PRESENTATION PHASE II STORMWATER REGULATIONS 2003/2004 ANNUAL REPORT - EXECUTIVE DIRECTOR, COMMUNITY DEVELOPMENT CHRIS ROUND EXECUTIVE DIRECTOR, MR. ROUND-The Town is required to submit an Annual Report on its activities under the new US EPA Phase II Stormwater Regulations. The Town is regulated as a MS4, which is a small municipal separate storm sewer system. One aspect that is most visible is that construction activities that disturb one acre or more are required to obtain a SPDES Permit. It used to be five acres of disturbance now it’s one-acre disturbance. What they are required to do is to submit a Notice of Intent that identifies that they have prepared a Stormwater Pollution Prevention Plan in accordance with DEC standards. The Town is regulated under those regulations we’re also required to take larger measures when it comes to dealing with stormwater management. Last year our office with the Highway Department prepared a Notice of Intent on how we were going to comply with the new Stormwater Regulations. The NOI outlined six areas that DEC requires in a Stormwater Management Plan for the Town. One, element is Public Education and Outreach on Stormwater Impacts. The second element is Public Involvement and Participation. Third, Illicit Discharge and Detection and Elimination. Fourth, Construction Site and Stormwater Runoff Control. Post-Construction Stormwater Management is a new element for the Town. The last element is Pollution Prevention and Good Housekeeping for municipal operations. By the year 2008 the Town will need to adopt a regulation noting they will be continuing with public education. COUNCILMAN STROUGH-One time they were talking about holding Town’s liable for their stormwater programs asked if that is part of this? EXECUTIVE DIRECTOR, MR. ROUND-The Town is obligated to follow these measures. COUNCILMAN BOOR-Chris sent an E-Mail inviting him to attend a meeting with Dave Decker regarding stormwater management noting it will occur on the fifteenth. They do have a fund for Ward One of some four hundred and something thousand dollars would like to address some of the stormwater issues in his Ward. Encourage any residents Cleverdale, Assembly Point, any place on the lake where they see a potential or gross problem regarding stormwater management that they call him or Chris Round. REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 792 TOWN BOARD DISCUSSIONS COUNCILMAN BOOR-Spoke to the board regarding the information the Planning Board gave to them noting no one read what the Planning Board gave them. It is very specific with what the Planning Board is looking for the direction they want and how they believe it can be done it has nothing to do with workload noting it is the best example of how we get professionals up here the fact of the matter is they didn’t do their homework. The Planning Board itself there are nine Elected Officials in the Town of Queensbury. We have two Judges, Town Clerk, Highway Superintendent, and the five individuals sitting at this board. We have a Planning Board, Zoning Board, several Commissions, and Committees. It is the Town Board’s responsibility to fill vacancies on both the Zoning Board and Planning Board. We have received many resumes we do have concerned citizens out there that want to get involved we really appreciate that. The point is we get these resumes read them carefully then we interview these canidates all of them noting he thinks they use pretty good judgment thinks the boards are made up of qualified people. On the 27th of last month they unanimously proposed a Moratorium we don’t have to agree with it, but have to take it seriously. Strongly recommended that in the Workshop they invite all of the Planning Board members noting there are a lot of things that need to be discussed between both boards. This is recommendation of the Planning Board but thinks in light of some other issues before the Town it wouldn’t hurt to do it with the Zoning Board. We are a Town that is growing very quickly we are experiencing growing pains we need to be a team and work together we have the personnel, have to take the time and do the hard work. COUNCILMAN TURNER-Has a resolution coming for replacement of sidewalks on Fort Amherst Road and curbs on our side of the road from Bay Road to North Road. SUPERVISOR STEC-Questioned the status of the Boulevard? COUNCILMAN TURNER-He hasn’t been there yet. SUPERVISOR STEC-Spoke to the board regarding Broadacres noting there are several pieces of sidewalk that need to be looked at. COUNCILMAN STROUGH-Seconded Councilman Boor’s comments. Spoke to the board regarding other moratoriums that have been implemented around the Country they have been for very valid and useful reasons the outline the Planning Board gave us seemed to be all valid reasons. Also seconded Councilman Boor’s comment regarding the Citizens for Queensbury handpicking people for the Planning Board noting that hasn’t happened. Spoke to the board regarding the Queensbury Post the Queensbury Senior Citizens their membership of eight hundred fifty six they would like to see a one thousand if you are interested call 761-8224. Congratulated Joe Coletti who received the Seasons Citizen Volunteer Award. Congratulated the Parks and Recreation Department for doing a nice booklet and what an excellent program they put together. Spoke to the board regarding a Planning and Community Development Seminar Series to be held on th Thursday, June 10 at seven o’clock at the Cornell Center on Schroon River Road regarding Main Street Revitalization Strategies and Resources. Spoke to the board regarding the Cornell University Cooperative Extension 4-H Program. Spoke to the board regarding the first four months in the Town did ten million one hundred and fifty four thousand five hundred and thirty eight dollars worth of construction in the first four months thanks to the Planning Board and the Community REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 793 Development Committee for all their hard work. If it weren’t for citizen input the four acres across from the Mall would be pavement, neon signs, and be the smells of a fast food sit down restaurant. If it wasn’t for citizen input you would have a hundred and ninety one units instead of seventy-five units in Indian Ridge. If it wasn’t for citizen input you wouldn’t of had the plan for the Great Escape Expansion that we do have. Mr. Sanford does nothing but take a very comprehensive long look at everything that comes before him, as every Planning Board Member should do, congratulated Mr. Sanford in his job. COUNCILMAN BREWER-Thanked everyone who was involved in the Memorial Day Parade noting it was a success. On Friday took a tour with Marilyn Ryba and Charlie Philion looked at all of the homes that the grant involved with the HUD money. The project is coming to a close it was very successful looked at all of the nineteen homes that were involved spoke with one person who was very thankful of the work that we’ve done. Mr. Hansen and his people have been down to Feeder Dam noting it is taking good shape looks like a real park we ought to be proud of it, if you get a chance go down and take a look. SUPERVISOR STEC-Thanked Glens Falls National Bank for sponsoring the videotaping and airing of our Town Board Meetings. Thinks it’s a fantastic tool that we decided to use almost a year ago; I know people are watching. Thanked Jim Coughlin and his crew, Marilyn Ryba, volunteers, and other Town members for their effort this past Saturday for our Household Hazardous Waste Day. Spoke to the board regarding New York State Comptrollers Audited the Coordinated Assessment Program they audited our coordinated program with is the Queensbury/Glens Falls unit they compared us to another auditing area; they choose the City of Gloversville who is not coordinating assessing, but are assessing on our their own, and compare quality and cost. While we cost more than Gloversville they could justify and explain our cost, but they also praised our high quality. Our Coordinated Assessment Program got very high marks from the State Comptrollers Auditors. Every property owner in the Town will be getting a form regarding the revaluation. Spoke to the board regarding the DOT signal warrant issue with Great Escape they had three sources of input to the State DOT; they have consolidated it down to one. They have acknowledge they are in receipt of that it will take approximately two weeks for DOT to review the movement of the signal from the bottom of the hill up to Glen Lake and Route 9 intersection. That approval of the one that was turned in seems very positive that we accept approval of moving the light, once we get that approval it may be a few months. The next one that will take longer is the bridge review. The third thing would be the movement of the other light, isn’t sure how quickly that will happen, not part of this initial ring road. A Workshop a week from tonight to talk about professional office lingo in addition to that we will talk about the punch list of rationale for the moratorium as far as what we can do to alleviate those. Asked Counsel if we decided we wanted to go forward with the moratorium would we need to set a public hearing? TOWN COUNSEL, HAFNER-Yes. SUPERVISOR STEC-If we enter into a moratorium it could possibly be sometime late in July. COUNCILMAN BOOR-Recommended holding it in the Queensbury Center extended the invitation to the Workshop for the entire Planning Board, if we expect a quorum then advertise as a joint meeting. REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 794 TOWN COUNSEL HAFNER-If you do consider a moratorium what we’re going to need from our point of view is the very specific details to which it applies. SUPERVISOR STEC-Would like to address some of the concerns that led to that recommendation. Spoke to the board noted he has been speaking with Warren County Soil and Water, as well as North Queensbury, and Bay Ridge Fire Departments regarding a program that is available but not very well utilized asked them to look into dry hydrants in the un-hydrant portions of North Queensbury. Recommended that both Chiefs and Dave Wick at Warren County Soil and Water identify them. Mr. Wick will go around with the Chiefs make a list the only thing the Town would be responsible for is the operator of the machine for the day to install this. Spoke to the board noting tomorrow they will see a copy of the draft local law for under ground utilities hopes to have this as a discussion item at the next workshop. RESOLUTIONS RESOLUTION AUTHORIZING AMENDMENT AGREEMENT BETWEEN SHELTER PLANNING & DEVELOPMENT, INC. AND TOWN OF QUEENSBURY REGARDING WARD 4 REVITALIZATION PROGRAM RESOLUTION NO.: 291, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 466,2001, the Queensbury Town Board authorized engagement of the consulting services of Shelter Planning & Development, Inc. to provide the Town’s Community Development Department with technical advice and assistance in the implementation and administration of the New York State Small Cities Ward 4 Target Area Housing Rehabilitation Program, and WHEREAS, the Agreement between Shelter Planning and the Town envisioned that the Town would pay Shelter Planning $28,750 for program delivery services (excluding lead-based paint assessment), and WHEREAS, the Agreement envisioned 23 rehabilitation project units, and WHEREAS, the actual number of units was fewer, being 19, but the work involved in those 19 project units was equivalent to the 23 units originally envisioned, and WHEREAS, Shelter Planning faced and successfully dealt with much more difficult projects than originally expected, which resulted in significant additional time expended by Shelter Planning, and WHEREAS, Shelter Planning has requested that it receive the $28,750 originally envisioned, and REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 795 WHEREAS, the Town Board appreciates the extra effort of Shelter Planning and agrees that such amount is appropriate and was envisioned, and WHEREAS, Shelter Planning has requested Town Board authorization for an Amendment Agreement between Shelter Planning and the Town, and WHEREAS, a proposed Amendment Agreement has been presented at this meeting and is in form acceptable to the Senior Planner, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Amendment Agreement between the Town of Queensbury and Shelter Planning & Development, Inc., concerning the increased time and effort required by Shelter Planning to properly complete individual Rehabilitation Projects associated with the New York State Small Cities Ward 4 Target Area Housing Rehabilitation Program, which Amendment Agreement results in the $28,750 amount for program delivery services as detailed in Resolution No.: 466, 2001, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes payment for all such services in an amount not to exceed $28,750 to be paid from CDBG Fund #16, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Amendment Agreement between the Town and Shelter Planning substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor and/or Senior Planner to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2004 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None DISCUSSION HELD BEFORE VOTE: SUPERVISOR STEC-Thanked Councilman Brewer and Marilyn Ryba for their involvement regarding the Revitalization Program. RESOLUTION AUTHORIZING UNPAID LEAVE FOR BETTY DYBAS REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 796 RESOLUTION NO.: 292, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Betty Dybas, the permanent, part-time Real Property Tax Service Assistant in th the Town Assessor’s Office, has requested Town Board approval to take time off between July 5 nd and August 2, 2004 without pay, and WHEREAS, Mrs. Dybas acknowledges and accepts that vacation leave does not accrue during an employee’s unpaid leave, and WHEREAS, Mrs. Dybas’ request for unpaid leave is acceptable with the Town Assessor, and WHEREAS, Town Board approval is necessary before an employee may take a leave without pay, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Betty Dybas to take time thnd off between July 5 and August 2, 2004 without pay, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Budget Officer and/or Town Supervisor to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None RESOLUTION AUTHORIZING PROMOTION OF MARILYN HAMMOND FROM SENIOR ACCOUNT CLERK TO PRINCIPAL ACCOUNT CLERK RESOLUTION NO. 293, 2004 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 797 WHEREAS, the Town’s Budget Officer has advised that Marilyn Hammond, Senior Account Clerk, has passed the Warren County Civil Service exam for the position of Principal Account Clerk and therefore the Budget Officer has recommended the promotion of Marilyn Hammond from Senior Account Clerk to Principal Account Clerk as Ms. Hammond’s job duties more accurately fall within the purview of Principal Account Clerk, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Marilyn Hammond from Senior Account Clerk to Principal Account Clerk, a Grade 6 position th within the Town of Queensbury, effective June 8, 2004, and BE IT FURTHER, RESOLVED, that Ms. Hammond shall be paid an annual salary of $38,570, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2004 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF TOM MATTESON FROM WATER MAINTENANCE MAN TO WATER MAINTENANCE FOREMAN AT TOWN WATER TREATMENT PLANT RESOLUTION NO. 294, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, David Sommer recently resigned from the Civil Service competitive position of Water Maintenance Foreman at the Town Water Treatment Plant, and WHEREAS, no Civil Service list currently exists for this position, and REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 798 WHEREAS, the Water Superintendent has advised that Tom Matteson, Water Maintenance Man, has passed the departmental examination for the Water Maintenance Foreman position and has the required job experience, and therefore the Water Superintendent has recommended the promotion of Tom Matteson from Water Maintenance Man to Water Maintenance Foreman on a provisional basis until such time as Mr. Matteson meets all Civil Service requirements for the position, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Tom Matteson from Water Maintenance Man to the Civil Service competitive position of Water Maintenance Foreman on a provisional basis until such time as Mr. Matteson meets all Civil Service requirements for the position, and BE IT FURTHER, th RESOLVED, that Mr. Matteson’s promotion shall be effective June 8, 2004 and Mr. Matteson shall be paid at the rate of pay specified in the Town’s CSEA Union Agreement for the Water Maintenance Foreman position for the year 2004, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2004 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF SEAN GORTHEY AS TEMPORARY LABORER IN TOWN WATER DEPARTMENT RESOLUTION NO. :295, 2004 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Roger Boor WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire a temporary Laborer to work for the summer for the Town’s Water Department, REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 799 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Sean Gorthey as temporary Laborer to work for the summer for the Town Water Department thst commencing June 8, 2004 through November 1, 2004, and BE IT FURTHER, RESOLVED, that Mr. Gorthey shall be paid $12 per hour as set forth in Town Board Resolution No.: 546,2003 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AWARDING BID FOR INDUSTRIAL 4X4 LOADER/BACKHOE FOR TOWN WATER DEPARTMENT RESOLUTION NO. 296, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town’s Purchasing Agent duly advertised for bids for the purchase of an industrial 4x4 Loader/Backhoe with extendable dipperstick as specified in the Water Department’s Bid Specification No.: 04-06, and WHEREAS, Nortrax of Clifton Park submitted the lowest responsible bid for the Backhoe in the amount of $72,970 and the Water Superintendent and Purchasing Agent have recommended that the Town Board award the bid toNortrax, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for an industrial 4x4 Loader/Backhoe with extendable dipperstick for use by the Town REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 800 Water Department to Nortrax of Clifton Park for an amount not to exceed $72,970 to be paid for from Misc. Equipment Account No.: 40-8340-2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Purchasing Agent and/or Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2004 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING OUT-OF-DISTRICT AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND CERTAIN CUSTOMERS OUTSIDE OF AREA SERVED BY IMPROVEMENTS AND INSTALLATION OF WATER MAINS IN QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 297, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 353,2003, the Queensbury Town Board authorized improvements to the Queensbury Consolidated Water District (District), such improvements being the installation of water mains along Round Pond Road, Blind Rock Road, Country Club Road, Haviland Road, Ridge Road, Hicks Road and a connection between Big Boom Road and Big Bay Road underneath Interstate 87 – Northway (Project), and WHEREAS, certain Town residents located in the vicinity of the Project wish to obtain water service from the District’s facilities but their properties are located outside the District’s boundaries, and WHEREAS, the Town of Queensbury wishes to supply these Town residents with such water service in accordance with Town Law §198(3), and WHEREAS, a proposed Agreement for water service is presented at this meeting and is in form approved by the Town’s Water Superintendent and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Water Superintendent to enter into Out-of-District Agreements concerning the improvements to the Queensbury Consolidated Water District (District), such improvements being the installation of REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 801 water mains along Round Pond Road, Blind Rock Road, Country Club Road, Haviland Road, Ridge Road, Hicks Road and a connection between Big Boom Road and Big Bay Road underneath Interstate 87 – Northway (Project), with those users to be designated by the Town Water Department, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Water Superintendent to make all necessary arrangements, including collection of any fees from the residents and signing the Agreements, in accordance with Town Law §198(3), to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING BARTON & LOGUIDICE, P.C., TO PROVIDE ENGINEERING SERVICES RELATED TO IMPLEMENTATION OF MAIN STREET/LUZERNE ROAD CONNECTOR PROJECT IN ACCORDANCE WITH LOCALLY ADMINISTERED FEDERAL AID PROJECT PROCESS RESOLUTION NO.: 298, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 251.2001, the Queensbury Town Board authorized engagement of the engineering services of Barton & Loguidice, P.C. (Barton) for the provision of engineering, planning and landscaping architecture services in connection with the proposed Main Street Infrastructure and Redevelopment Plan, and WHEREAS, by Resolution No.: 85.2003, the Town Board authorized engagement of Barton for the design of the Main Street Connector Road, and WHEREAS, the Town’s Executive Director of Community Development has advised that further engineering services are needed to implement the Main Street/Luzerne Road Connector Project in accordance with the Locally Administered, Federal Aid Project process, and WHEREAS, the Executive Director has advised that Barton was selected to provide such engineering services in accordance with the New York State Department of Transportation (DOT) Procedures for Locally Driven Selection Arrangement list of qualified consultants, and REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 802 WHEREAS, Barton has offered to provide these engineering services for an amount not to th exceed $68,175 as delineated in a copy of Barton’s April 6, 2004 proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.C. for the provision of engineering services in connection with the implementation of the Main Street/Luzerne Road Connector Project in accordance with the Locally Administered, Federal Aid Project process as delineated in Barton & Loguidice, P.C.’s th April 6, 2004 proposal presented at this meeting for an amount not to exceed $68,175 as follows: Task A – Scoping Meeting with New York State Department of Transportation $ 975. Task B – Development of Locally Administered Federal Aid Process Base Task List $ 1,200. Task C – Redesign of Project to Meet Locally Administered Federal Aid Guidelines $66,000. ---------- TOTAL LUMP SUM (SUPPLEMENTAL) FEE $68,175 and BE IT FURTHER, RESOLVED, that payment for such engineering services shall be from Engineering Services/Consultant Services Account No.: 001-1440-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement utilized for Locally Administered, Federal Aid Projects substantially in the form presented at this meeting, as well as any other necessary contract or documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Budget Officer to take such other and further action necessary to effectuate all terms of this Resolution. th Duly adopted this 7 day of June, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 803 DISCUSSION HELD BEFORE VOTE: COUNCILMAN BOOR-Spoke to the board regarding an editorial in the paper regarding the two million dollar giveback noting they also mentioned that we don’t get grant money because we have a big surplus noting it is the opposite. We are able to match a lot of the portions, which make grants available to us that we might not otherwise get, there is something to be said for having a fat pocketbook when applying for grant dollars. Spoke with Mr. Tingley and Mr. Mahoney noting they were apologetic. RESOLUTION AUTHORIZING AZIMUTH SURVEYING & CARTOGRAPHY TO PROVIDE SURVEYING SERVICES FOR WATER AND SEWER EASEMENT MAPS IN CONNECTION WITH THE MAIN STREET PROJECT RESOLUTION NO.: 299, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 251.2001, the Queensbury Town Board authorized engagement of the engineering services of Barton & Loguidice, P.C. (Barton) for the provision of engineering, planning and landscaping architecture services in connection with the proposed Main Street Infrastructure and Redevelopment Plan, and WHEREAS, the Town’s Executive Director of Community Development has advised that it is necessary to obtain surveying services for utility easement maps in connection with this Project, and WHEREAS, Barton solicited quotes for such surveying services and has recommended that the Town engage Azimuth Surveying & Cartography, the low bidder, to provide the requested surveying services for an amount estimated to be approximately 90 maps at $325 per map, or a base th fee of $29,250, as delineated in a copy of Azimuth’s May 18, 2004 letter presented at this meeting, and WHEREAS, the Executive Director of Community Development has recommended that the Town Board budget an additional 10% ($2,925) for possible map revisions for a total estimated fee of $32,175, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Azimuth Surveying & Cartography for the provision of surveying services referenced in the REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 804 th preambles of this Resolution and as delineated in Azimuth’s May 18, 2004 letter presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for these surveying services in an amount not to exceed $32,175 shall be from Engineering Services/Consultant Services Account No.: 001-1440-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary contract or documentation and the Town Supervisor, Executive Director of Community Development and/or Budget Officer to take such other and further action necessary to effectuate all terms of this Resolution. th Duly adopted this 7 day of June, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: TOWN COUNSEL, HAFNER-Noted the resolution refers to water and sewer easement maps it should be utility maps wherever it refers to water and sewer maps it should be changed to utility. RESOLUTION AUTHORIZING REVISIONS TO TOWN OF QUEENSBURY SICK LEAVE BANK POLICY RESOLUTION NO.: 300, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 430,1999, the Queensbury Town Board authorized implementation of a temporary, voluntary sick leave bank to be made available for a certain ill employee, which bank accepted voluntary, one-time contributions of unused sick leave from Department Managers and non-union employees from which the employee could draw on after exhausting his own leave for the purpose of a medical emergency, and WHEREAS, by Resolution No.: 51.2001, the Town Board authorized implementation of a Sick Leave Bank Policy for full-time, non-union employees, and WHEREAS, the Sick Leave Bank Policy provides for the establishment of a Sick Leave Bank Committee and such Committee has been created, and REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 805 WHEREAS, the Sick Leave Bank Committee and Town Budget Officer met to review the Town’s current Sick Leave Policy and has recommended changes to its guidelines and a revised, more stream-lined version of the Policy, and WHEREAS, the revised proposed Sick Leave Bank Policy has been presented to the Town Board and the Town Board wishes to authorize such revised Policy, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts, authorizes and directs implementation of the revised Sick Leave Bank Policy as presented at this meeting for full-time, non-union Town employees, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to distribute copies of the revised Sick Leave Bank Policy to all eligible employees, sign any documentation and take such other and further action as may be necessary to implement the revised Sick Leave Bank Policy and effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT : None DISCUSSION HELD BEFORE VOTE : COUNCILMAN STROUGH-Questioned the wording on Page 4, Letter E of the Agreement. After further discussion it was agreed to add the language to read by current sick leave bank participants. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2004 TO AMEND QUEENSBURY TOWN CODE CHAPTER 55 “BOATS” TO EXTEND BOUNDS OF 5 MPH SPEED ZONE IN DUNHAM’S BAY, LAKE GEORGE RESOLUTION NO. 301, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of 2004 to amend Queensbury Town Code Chapter 55 entitled “Boats,” to extend the bounds of the 5 mph speed zone in Dunham’s Bay in Lake George, and REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 806 § WHEREAS, Town Law 130(17) authorizes Towns to regulate the speed of vessels while being operated or driven upon any waters within or bordering the Town to a distance of fifteen hundred feet (1,500’) from shore, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10(2) and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the st Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on June 21, 2004 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: __ of 2004, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2004 in the manner provided by law. th Duly adopted this 7 day of June, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING PAYMENT TO ROBERT EVANS, D.O. FOR PROVISION OF INTERIM, PROFESSIONAL SERVICES CONCERNING TOWN HEALTH ISSUES RESOLUTION NO.:302, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Robert Evans, D.O. provided interim, professional services to the Town of Queensbury concerning Town health issues while the Town Board interviewed for a Town Health Officer, and REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 807 WHEREAS, the Town Board acknowledges and appreciates the services provided by Dr. Evans and wishes to appropriately compensate him for the services he provided to the Town during 2004, and WHEREAS, a Resolution to compensate Dr. Evans was inadvertently not previously considered and adopted by the Town Board in January, 2004 and therefore the Town Board now wishes to authorize the appropriate payment to Dr. Evans, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes payment to Robert Evans, D.O. for the provision of interim professional services to the Town of Queensbury concerning stth Town health issues from January 1, 2004 through May 20, 2004, and BE IT FURTHER, RESOLVED, that the amount paid to Dr. Evans shall be the pro-rata share of the annual stth amount of $4,000 from January 1 through May 20, 2004 or $1,667, to be paid for from the Board of Health – Professional Services Account No.: 001-4010-4455, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to sign any documentation and take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION INCREASING APPROPRIATIONS AND ESTIMATED REVENUES AND AMENDING 2004 TOWN BUDGET TO ACCOMMODATE REIMBURSED ENGINEERING SERVICES RESOLUTION NO.: 303, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, there is a need to amend the 2004 Budget to address the additional amount of reimbursed engineering services to be expended for the remainder of the 2004 fiscal year, and REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 808 WHEREAS, the Planning Department has requested a budget amendment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs amendment of the Town’s 2004 Budget as follows: 1) Increase Estimated Revenues in Account #001-0001-2116 (Technical Assistance) by the amount of $20,000; and 2) Increase Appropriations in Account #001-8020-4711 (Planning – Reimbursable Engineering Services) by the amount of $20,000; and BE IT FURTHER, RESOLVED, that the Town Board further approves, authorizes and directs the Town Budget Officer to make any necessary adjustments, transfers or prepare any documentation necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION TO AMEND 2004 BUDGET RESOLUTION NO.: 304, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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: ASSESSOR REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 809 FROM: TO: $ AMOUNT: 001-1990-4400 001-1355-1730 31,875. (Contingency-Misc.Contractual) (Asst. to Assessor) BUILDING AND GROUNDS FROM: TO: $ AMOUNT: 001-5132-2001 001-5132-4070 750. (Misc. Equipment) (Repair Supplies) LANDFILL FROM: TO: $ AMOUNT: 910-8160-2001 910-8160-4690 2,200. (Misc. Equipment) (Computer Repairs & Maint.) WASTEWATER FROM: TO: $ AMOUNT: 032-8120-4400 032-8120-2050 100. (Misc. Contractual) (Radio Equip.) th Duly adopted this 7 day of June, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – ND ABSTRACT OF JUNE 2, 2004 RESOLUTION NO.: 305, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as nd the Abstract with a run date of June 2, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a run nd date of June 2, 2004 numbering 24-229000 through 24-254902 and totaling $1,686,608.24, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 810 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 7 day of June, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN STROUGH-Recommended organizing everyone to come together under one cell phone company and get one cell phone contract noting it might be cost effective to the Town. SUPERVISOR STEC-To have a brief conversation regarding this tomorrow morning with Bob Keenan, Jennifer Switzer, and Sharon Borgos. RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V. JOAN DENTON AND VON LINDAHL RESOLUTION NO.: 306, 2004 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury previously commenced actions against Joan Denton and Von Lindahl 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 are owned by Joan Denton and Von Lindahl has in the past claimed ownership of the various vehicles, parts, and other items included within the junk and at her home at 2297 Ridge Road in the Town of Queensbury, and WHEREAS, the Town’s efforts to rid Ms. Denton’s property of junk have been ineffective as Ms. Denton and Mr. Lindahl continue to thwart the Town’s Junkyard Ordinance, and WHEREAS, the Town is extremely concerned that the problem is getting worse and that the accumulation of junk constitutes a peril to human health, and WHEREAS, Queensbury Town Court lacks injunctive power to get rid of the junk, and WHEREAS, the Queensbury Town Board wishes to pursue preliminary and injunctive relief, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 811 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 and Von Lindahl as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation and take any and all action necessary to commence such proceeding and effectuate all terms of this Resolution. th Duly adopted this 7 day of June, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Stec NOES : None ABSENT : None ABSTAIN:Mr. Strough (Noted this preceded him, it is new to him, will abstain) ATTORNEY MATTERS TOWN COUNSEL, HAFNER-Heard from Niagara Mohawk noting he has the name of the person who is tasked with moving forward with the situation next to the Water Treatment Plant he is asking us to send him maps and information. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 307, 2004 INTRODUCED BY: MR. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 7 day of June, 2004, by the following vote: Ayes: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor Noes: None Absent:None On motion meeting adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury REGULAR TOWN BOARD MEETING 06-07-2004 MTG#25 812