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2005-03-21MTG14 Regular Town Board Meeting, 03-21-2005, Mtg #14 122 REGULAR TOWN BOARD MEETING Mtg #14 ST MARCH 21, 2005 Res. #153-167 7:10 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Jennifer Switzer, Budget Officer Marilyn Ryba, Executive Director of Community Development Ralph VanDusen, Water/Wastewater Superintendent Mike Shaw, Deputy Wastewater Superintendent Bruce Ostrander, Deputy Water Superintendent PRESS: Glens Falls Post Star, TV-8 SUPERVISOR STEC called meeting to order… PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC PUBLIC HEARING – Application For Community Development Block Grant Funds Through New York State Small Cities Program Notice Shown 7:11 P.M. SUPERVISOR STEC-Okay, this is a separate second public hearing, correct Marilyn? MS. MARILYN RYBA, Executive Director-That’s correct. SUPERVISOR STEC-I will declare this public hearing open. We did have, two public hearings are required on this subject that Marilyn is about to brief us all about again and the public will be allowed and encouraged to comment on. We did have the other one two weeks ago which is March th 7 and so this is the second of those two public hearings. Marilyn, the floor is yours. th MS. RYBA, Executive Director-Thank you. The March 7 public hearing, just for a bit of a recap, we were required to discuss the small cities program in general, the total amount of funds and the possible uses of those funds. This particular public hearing is to let the public know about details in the program that we have developed. First off you will see a map up on the board which shows a census tract in West Glens Falls, commonly known as West Glens Falls which I should note is in the Town of Queensbury. I have had people ask me why we have, we’re helping out West Glens Falls and I explain it’s just a neighborhood term that’s been around for quite, quite some time. So, people who are in that census tract would be eligible. I have put some copies of maps up here on the table as well as the income guidelines if anyone is interested as well. We’re proposing to continue our home improvement program. We’re applying for four hundred thousand dollars. If funded, that would be enough funding to assist nineteen single lower and moderate income homeowners. People who are eligible must have incomes less than eighty percent of the median and just to give you an example of what that means, a family of four would need to have an income of forty-two thousand one hundred or less to be eligible for the program. Eligible items are things such as foundations, roofs, heating, plumbing, electrical deficiencies. We can also cover the costs of replacement septic system, windows, vinyl siding. If there are lead paint issues and insulation. We will continue to work with the Warren Hamilton Community Action Program, they will provide energy audits at a value of three hundred dollars each and they will also contribute approximately four thousand dollars towards weatherization and energy efficiency improvements per home. The grant maximum is twenty thousand dollars per household. There is a five year declining lean Regular Town Board Meeting, 03-21-2005, Mtg #14 123 balance which means that each year, until the five year period is up we give a portion of the loan. That’s to deter folks from selling their property and making a gain at the expense of public investment. This is to make sure that people are using this fund and do intend to stay in their home. Although, I have to say that in this particular part of Queensbury we have second and third generations in the same neighborhoods so it certainly is a stable neighborhood. Mobile Homes maybe eligible but no more then fifty percent of the value of the home can be used for improvements. We also have a revolving loan fund that the Town put together through some program income it had via the Housing Urban Development AMG Grant. Those program income funds were required to be used for a lower moderate income program and so it fits in there. We will loan up to five thousand dollars at zero percent if for some reason someone needs more then the twenty thousand dollars worth of assistance to improve their home, that would be a deferred loan which would be repaid entirely upon property transfer. The administration maximum is ten percent of the awarded funds. Our experience has been that we use approximately eight percent of total th funds for administration so we’re below that maximum cap. The application is due April 4 and we would be notified sometime in late summer or early fall whether or not we received the funding. We do have to meet at least one national objective, or actually there are two tests involved. First, at least fifty-one percent of the beneficiaries must be in households with eighty percent or below the median income. We always use a hundred percent because we do have quite a few people who are eligible in that category and it also makes for a stronger application. Census data showed that there were approximately five hundred households that could be eligible. We have identified approximately twenty-two although certainly we encourage people to apply, if we do get the funding because things happen, someone might have to bail out of the program. The second is, we need to address threats to health and safety and certainly this home improvement program covers that. And that’s about it I think. If there are any questions, I’d be happy to answer those. COUNCILMAN BOOR-Just one. You had mentioned that at some point, an additional five thousand would be available at what rate? MS. RYBA, Executive Director-Zero percent. COUNCILMAN BOOR-Zero percent and that it would have to be paid off prior to deed transfer. In other words, if they were to sell the property? MS. RYBA, Executive Director-Yes it would be COUNCILMAN BOOR-So it be, a lean would be in place essentially? MS. RYBA, Executive Director-Correct. COUNCILMAN BOOR-Okay. MS. RYBA, Executive Director-And that lean would come back to the municipality. So, we don’t know when but eventually. SUPERVISOR STEC-Just to add to Roger’s thought too, it’s my understanding and it might be beneficial for the public to know that this component, the loan component was one of the things that made, is making our submissions very attractive to the State as far as MS. RYBA, Executive Director-Absolutely, absolutely. Certainly, the Community Development Block Grant Program is one program that’s targeted for decreased funding on a Federal level and so having a revolving loan fund component makes it much more attractive. SUPERVISOR STEC-Okay, any other questions for Marilyn? Okay, the public hearing has been opened, if there’s anyone in the public that would like to comment or ask any questions about what we’re considering here this evening on this public hearing for Community Development Block Grant Application, just please raise your hand and I’ll call on you and try to address your questions or concerns. Anybody at all? I think we had about the same number of commenters at our first public hearing on the subject. Any other comments? Any other questions of Town Board Members? Okay, I will declare the public hearing on this closed. PUBLIC HEARING CLOSED 7:18 P.M. Regular Town Board Meeting, 03-21-2005, Mtg #14 124 RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THROUGH NEW YORK STATE ADMINISTERED SMALL CITIES PROGRAM RESOLUTION NO.: 153, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution, the Queensbury Town Board scheduled two (2) public hearings concerning the Town’s proposed application for Community Development Block Grant (CDBG) funds through the New York State Administered Small Cities Program, and th WHEREAS, the Town Board duly conducted its public hearings on March 7 and March st 21, 2005, heard all interested persons, reviewed its housing and community development needs anddeveloped a proposed program and application for the CDBG funds, and WHEREAS, the Town’s Senior Planner has advised the Town Board that the Governor's Office for Small Cities is now accepting applications from eligible communities to compete for the CDBG funds, and , WHEREAS the Town Board wishes to authorize submission of its application for the CDBG funds, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs submission of the Town of Queensbury’s application for Community Development Block Grant (CDGB) funds through the New York State Administered Small Cities Program to the Governor's Office for Small Cities, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign any necessary documents in connection with the submission, including all applications, certifications and forms and further authorizes and directs the Town Supervisor and Community Development Department to take such other and further action as may be necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 03-21-2005, Mtg #14 125 st Duly adopted this 21 day of March, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None SUPERVISOR STEC-Marilyn, to you and your department, thank you very much, this is an important project that takes a lot of time to work on and we’ve had some success with similar funding for home improvement in the Town in recent years and for us to be in a position to have two of these grants within a few years of each other, says a lot about the quality of our application. So, I thank you and your staff. COUNCILMAN BREWER-Dan, I just would make a note that we should thank Mr. Murray also and his staff, a very big part of it. SUPERVISOR STEC-Yes, I’m sorry, that’s right. Thank you for pointing that out Tim. Thank you. MS. RYBA, Executive Director-I would add that copies of the application will be available in the th Town Clerk’s Office on April 5. PUBLIC HEARING – Petition For Change Of Zone For Property Owned By Bay Meadows Country Club Inc. And John Dreps And Eugene Cerniglia Notice Shown 7:20 P.M. SUPERVISOR STEC-Okay, I will declare this public hearing open as well and Mr. Nace is here to represent the applicant. Our second public hearing just for the benefit of the public, the property that we’re talking about is a few different tax map numbers on the east side of Bay Road, north of Cronin Road and the rezoning under consideration is from a PUD, a Planned Unit Development to a Highway Commercial Intensive Zoning. COUNCILMAN BOOR-Modified. SUPERVISOR STEC-Modified. Or is it Modified? COUNCILMAN BOOR-Yes. SUPERVISOR STEC-Yes, I’m sorry, thank you for correcting that. And to facilitate a land swap across the zoning boundary to facilitate a five lot commercial subdivision. The Town Board by th Resolution on January 24 referred the application to the Town’s Planning Board as is our nd procedure. On the 22 of February, the Queensbury Planning Board adopted a Negative SEQRA Declaration, made a positive recommendation, or a recommendation to the Town Board. A Negative SEQRA Declaration and a positive recommendation to the Town Board that we rezone the th properties. Warren County Planning Board on February 9 made a recommendation of no County Impact. So now as, for our procedure and for the law, it can only get rezoned by the Town Board so we’re back here and that’s why we’re here tonight. The public hearing is open and Mr. Nace, the floor is yours. MR. TOM NACE-Okay would you like me to give a brief synopsis for the public of what we’re doing? SUPERVISOR STEC-Yes, please. MR. NACE-Okay. Basically what we’re doing, Mr. Dreps owns a parcel of land that is shown here along Bay Road however it has a very small frontage on Bay Road and it’s cut up, the main portion of the land is cutoff from Bay Road by a portion of land owned by the Bay Meadows Golf Club. What we’re proposing is a swap that would make the Dreps property more contiguous and give it Regular Town Board Meeting, 03-21-2005, Mtg #14 126 more frontage on Bay Road and trade that for a piece on the north end of his property that would go back to Bay Meadows Golf Course. It’s a one for one swap, about one acre would change hands and the real purpose of this is to allow a better plan development of this Dreps parcel that would allow, primarily to allow internal access on the parcel. There’s a very simplistic subdivision plan, proposed subdivision plan to show that this is Bay Road on here, this is the what would be the revised parcel after the land swap and it would allow us to put a subdivision road in here to give internal access to these lots and get that subdivision road located well away from Cronin Road and away from the Stewarts entrance, just better planning and a safer access for that entrance road. COUNCILMAN BREWER-And Tom, just for the record, that subdivision is subject to Site Plan Review? MR. NACE-That is subject to, it’s in the process of Subdivision Review with the Planning Board, that’s correct. COUNCILMAN BREWER-So necessarily, this does not just automatically approve that subdivision. MR. NACE-That is correct. I’m just showing the reason we’re asking for the land swap. All this action would do would take this piece of land here that’s owned by the golf course and give, let them have the ability to give that to Dreps and let Dreps be able to give this piece of land here to the golf course. COUNCILMAN BREWER-Alright. COUNCILMAN BOOR-Tom, on the three that are, the lots that are fairly similar in size, yea, the frontage, what is the frontage on each one of those? In other words, what’s the total from the entrance to the cul-de-sac to the MR. NACE-Total, it’s not on this plan. It meets your zoning COUNCILMAN BOOR-No, I know, I’m just curious what it is. MR. NACE-It’s about four hundred feet I believe. SUPERVISOR STEC-Total for the three. COUNCILMAN BREWER-Three sixty-two forty, maybe. MR. NACE-Three, yes that says about right. COUNCILMAN BOOR-So, they’re at least a hundred a piece. MR. NACE-They’re a hundred and twenty-five I believe, a hundred and thirty. COUNCILMAN BREWER-One’s a hundred and fifty even, one, well two of them are a hundred and fifty and the third one is one twenty-four, Roger. COUNCILMAN BOOR-Okay. MR. NACE-Plus, one twenty-four plus. It’s almost, with the radius there, it’s almost a hundred and fifty. So, and actually I believe they are a minimum of a hundred and fifty Tim. SUPERVISOR STEC-Any other questions for Mr. Nace or the applicant? Okay, the public hearing is open, if there’s any members of the public that would like to ask any questions or make any comments about what we’re considering here tonight, again, just please raise your hand and we’ll recognize you and have you come to the microphone please. Is there any at all? I didn’t expect that there would be much, this went through the ringer and throughout the process it didn’t get a whole lot of comment from what I’ve seen and heard. Is there any members of the public that would like to ask any questions or comments? Any more questions of the Town Board Members? COUNCILMAN TURNER-I’ve got one question. Regular Town Board Meeting, 03-21-2005, Mtg #14 127 SUPERVISOR STEC-Go ahead Ted. COUNCILMAN TURNER-The new water line that’s going in, is that going to affect any of the frontage? MR. NACE-No it won’t Ted, that’s the Bay Road corridor and there’s a seventy-five foot front setback on that corridor and it would fall well within that setback. COUNCILMAN TURNER-Okay. COUNCILMAN STROUGH-And the original application was for a Highway Commercial Intensive and upon recommendation of the Planning Board and agreement by the applicant, they agreed to Highway Commercial Moderate. MR. NACE-That is correct. SUPERVISOR STEC-Any other questions or comments? Any last minute from the public, public comment or question? Okay, I’ll declare this public hearing closed. PUBLIC HEARING CLOSED 7:25 P.M. RESOLUTION AUTHORIZING AMENDMENT OF ZONING ORDINANCE AND MAP FOR PROPERTY OWNED BY BAY MEADOWS COUNTRY CLUB, INC. AND JOHN DREPS AND EUGENE CERNIGLIA RESOLUTION NO. 154, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is considering a request by John Dreps and Eugene Cerniglia to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.’s: 296.16-1-14; 296.16-1-16.1 and 296.16-1-15 located on the east side of Bay Road, North of Cronin Road in the Town of Queensbury from Planned Unit Development (PUD) to Highway Commercial Intensive (HC-INT) and to facilitate a land swap across a zoning boundary to facilitate five (5) lot commercial subdivision, and th WHEREAS, on or about January 24, 2005, 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 nd WHEREAS, on or about February 22, 2005, the Queensbury Planning Board considered the proposed rezoning, adopted a SEQRA Negative Declaration and with the concurrence of the applicant, made a recommendation to the Town Board to rezone approximately one (+1) acre of land from Planned Unit Development (PUD) to Highway Commercial Moderate (HC-MOD), Regular Town Board Meeting, 03-21-2005, Mtg #14 128 rezone approximately One and Two One-Hundredths (+1.02) acres of land from Highway Commercial Intensive (HC-INT) to Planned Unit Development (PUD), then rezone the entire project site of approximately Six and Thirty-Seven Hundredths (+6.37) acres to Highway Commercial Moderate (HC-MOD), and th WHEREAS, on or about February 9, 2005, the Warren County Planning Board considered the proposed rezoning and made a recommendation of “No County Impact,” and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed st rezoning on March 21, 2005, and considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the request by John Dreps and Eugene Cerniglia and hereby authorizes an amendment to the Town of Queensbury Zoning Ordinance and Map to rezone the following properties: ?? A portion of the property bearing Tax Map No. 296.16-1-14 and a portion of the property bearing Tax Map No. 296.16-1-16.1 totaling approximately One and Two One-Hundredths (+1.02) acres of land from Highway Commercial Intensive (HC-INT) to Planned Unit Development (PUD); ?? A portion of the property known as Tax Map No. 296.16-1-15 equaling approximately one (+1) acre of land from Planned Unit Development (PUD) to Highway Commercial Moderate (HC-MOD); ?? The remainder of the properties known as Tax Map No. 296.16-1-14 and Tax Map No. 196- 1-16.1 from Highway Commercial Intensive (HC-INT) to Highway Commercial Moderate (HC-MOD); and to facilitate a land swap across a zoning boundary to facilitate five (5) lot commercial subdivision, 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 such changes, and BE IT FURTHER, Regular Town Board Meeting, 03-21-2005, Mtg #14 129 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. st Duly adopted this 21 day of March, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None (after introduction of the resolution and before vote Ms. Ryba, Executive Director lead the Town Board through the staff notes regarding the zoning petition which are on file in the Town Clerk’s Office) PUBLIC HEARING – Proposed Local Law Of 2005 To Amend Queensbury Town Code Chapter 179 “Zoning” Section 179-4-110 Entitled “Underground Utilities Overlay District” Notice Shown 7:31 P.M. SUPERVISOR STEC-Okay, I will open the public hearing and again, by brief synopsis, the Town has in place a previous enacted Local Law entitled, “Underground Utilities Overlay District”. Tonight, the Town Board is going to conduct a public hearing for changes to this Local Law, 179-4- 110 as follows and we would be added some language and the language is brief enough that I’ll go ahead and read it. Under section 1 we would be adding paragraph F and paragraph G. Paragraph F reads, notwithstanding any other provisions of this Local Law, individual telephone poles, electric poles or similar separate and distinct utility structures which are damaged or destroyed due to automobile accident, natural disaster, lightning, fire, flood or the like, may be repaired or replaced at the same or substantially similar above-ground location at the discretion of the utility company and or property owner bearing responsibility for the repair or replacement. And paragraph G proposed to be added is, reads as follows. The provisions of this Local Law shall be deemed to be applicable to any activity or project which has not already been substantially commenced. For this purpose, substantial commencement shall mean that the physical, on-site construction or work associated with the project or activity has actually begun in the field and was substantially underway at the time of enactment. So, that is the proposed additional language and in all other respects the local law would remain unchanged. So, I’ll declare the public hearing on this open and Bob is there anything else that I need to add? Just by way of background, this local law was created, the Town Board amongst other things that the Town Board considered, certainly in several of our more heavily trafficked or commercial and high visible corridor’s in Town, we identified that in addition to some aesthetic reasons, there are certainly traffic and traffic safety considerations and economic Regular Town Board Meeting, 03-21-2005, Mtg #14 130 development considerations that would make Undergrounding Utilities in certain corridors of the Town something that would be desirable to the Town and this was enacted, Bob, can you jump in here? st TOWN COUNSEL BOB HAFNER-I believe it was November 1, it was, the Town Board went through some actions and reenacted and readopted then in it’s current state. I believe it was st November 1. COUNCILMAN BOOR-2004. TOWN COUNSEL HAFNER-Of 2004, yes, last fall. SUPERVISOR STEC-2004, so a little over TOWN COUNSEL HAFNER-Started the process in the summer. SUPERVISOR STEC-A little over four months ago. So, it’s been four months since it was enacted for a second time and we would be looking to making these modifications to the language. So, that’s the summary of the state of this public hearing and again, the public hearing is open. If there’s any member of the public that would like to comment or ask any questions about the proposed change, just please raise your hand and we’ll identify you and we’ll have you come to the microphone. Mr. Flaherty. MR. BILL FLAHERTY-Good evening, my name is Bill Flaherty, I’m a resident of Queensbury and the local Vice President of Business Services for Niagara Mohawk. Thank you for the opportunity to speak you regarding the local law which requires the Undergrounding of Utility Facilities along the four major commercial corridors in Queensbury. Based on our experience across the State we feel compelled to weigh in on this issue and to observe that this local law, while perhaps well intentioned will not be in the best interest of the Town in the long run. Ultimately it seeks to impose a simplistic solution to what reality is a very difficult and complex problem. The law claims that it will enhance economic development in the Town. In actuality, it’s more likely to have a chilling affect on the attraction of new investments to this community. To highlight the point, I’d like to provide you with one example of the actual and negative impacts of this local law. Often times a residential or business customer may need to have a service line or poles replaced or relocated as would be the case when a customer plans to expand their facility or locate in one of these corridors. Under this local law, significant costs would be imposed on such a customer. For example, a project to relocate a service line and several poles would normally cost approximately thirty to forty thousand dollars but in the underground district the same line placed underground, would cost the customer three hundred to three hundred and seventy-five thousand dollars. If we had to bury transmission lines which are also located in these districts, the cost would be significantly higher. For any size business, such a cost would discourage investment in Queensbury. For residential customers, they would need to convert their services to underground at their expense increasing the financial burden on homeowners in this area as well. Aesthetics really seems to be the driving force for this law but even this goal of improved aesthetics through the removal of overhead electric facilities is far from clear cut since an underground system may require aboveground facilities. For example the proposed Main Street Undergrounding Project would require fifty or more overhead structures, specifically transformers and switchgear which are surrounded by posts. More importantly there far less, there are far less expensive ways to mitigate the visual impact of overhead utility facilities, ways that can achieve aesthetic improvement but not at the expense of the healthy economic development in the Town. Finally, to the extent that the local law seeks to impose the costs of Undergrounding the Electric System on Niagara Mohawk it is unfair. Just as the Town Board is responsible to act on behalf of the residents of the Town, Niagara Mohawk is responsible to act on behalf of all of it’s customers. It is not fair to try to shift the expense of Undergrounding required by this local law which is for the sole benefit of Queensbury onto the rest of Niagara Mohawk customers. As you know, to protect our rights and those of our customers, we have filed a legal proceeding challenging this law. Now, this is not a preferred approach. We much prefer to work with you and we’re hopeful that with a closer examination of all of the problems created by this law, you’ll reconsider it’s implementation. Thank you. SUPERVISOR STEC-Thank you very much Mr. Flaherty. Is there anyone else that would like to speak or comment and ask questions on this. Mr. Tucker. Regular Town Board Meeting, 03-21-2005, Mtg #14 131 MR. PLINEY TUCKER, 41 Division Road-Exit 18, I was involved with that some and it turns out that all of the utility poles along that route are on taxpayer’s property and they’ve got to be moved and they decided that we’d like to go underground with them and I think there’s still an ongoing effort to find funding so that this is not a burden on the people who live along that corridor. This lawsuit that these folks have filed, is this going to hold up Exit 18? SUPERVISOR STEC-No, the lawsuit, it’s my understanding and I don’t want to get into great detail on the lawsuit but it’s my understanding MR. TUCKER-Well, I mean, they’re suing us so. SUPERVISOR STEC-Yea, and the thing is that the physical construction, the design, the engineer work and the actual execution of whatever is going to be constructed, will proceed and would be separate from the whole fight over whose responsible for what and the litigation that we’re talking about. So, the litigation will not impact the timeline of the project. I think, is that fair to say Bob or Marilyn? TOWN COUNSEL HAFNER-Although it’s, you know they just filed the lawsuit, it’s early, we still have SUPERVISOR STEC-Correct. TOWN COUNSEL HAFNER-They’re at the start of design stage. MR. TUCKER-I know we all might be dead before it ever comes to an end but. COUNCILMAN BREWER-Let’s hope not. MR. TUCKER-Well, you might be, these things take time. COUNCILMAN BREWER-Speak for yourself then. MR. TUCKER-Have we found any funding for the Underground Utilities along Exit 18? SUPERVISOR STEC-That’s a complicated question too, as Marilyn and I share a glance because I can tell you that the project, how this funding for this project has been sought and procured by the Town and Warren County EDC and Warren County, because again, the road construction project itself is a County project and a lot of the other accoutrements are Town projects, the sewer and water infrastructure underneath, obviously that’s a Town thing. So, there’s a lot of players involved in trying to secure funding for this including Warren County EDC, Warren County and the Town through the State and through the Feds and there’s all kinds of rules and key language that has to come out of Washington and or Albany for funding and funding is coming in for this project. Right now, the picture of what TOWN COUNSEL HAFNER-Can I just jump in, I mean because we are, this is a matter of litigation. SUPERVISOR STEC-True. TOWN COUNSEL HAFNER-And if you’re talking about this particular local law, the funding of how much it costs Niagara Mohawk to do the undergrounding of the utilities is not the Town’s issue. SUPERVISOR STEC-That’s true. TOWN COUNSEL HAFNER-So, talking about, about Federal Funding or you know, some other funding for that, it isn’t a, it’s not a Town expense. SUPERVISOR STEC-I was going to, where I was going with this Pliney and I appreciate what you’re trying to say. Regular Town Board Meeting, 03-21-2005, Mtg #14 132 TOWN COUNSEL HAFNER-So, it’s not intended to be funded by the Town. It isn’t that, you know how they take care of their business, is their business. SUPERVISOR STEC-Right. But the entire project, as far as funding for the project is being looked on a holeistic kind of approach from all the funding sources that we can and what funding we receive for what part of the project is still all up in the air, you know as far as the total amount. There’s been some monies that have been earmarked for the project but not specifically broken out for a park and ride lot or for this or for that or for the other thing. So, we are seeking and lining up funding for the project as a whole but not specifically addressing, you know this money is for Undergrounding utilities, that’s not been part of the conversations that have taken place, to my knowledge. MR. TUCKER-The only thing is, is that if the Town has to come up with the funding, it’s going to be quite expensive. SUPERVISOR STEC-We’re aware of that. MR. TUCKER-Quite and I do this stuff every once in a while and it costs a few bucks and it’s going to cost more there because there’s a lot of things in the way. I know you don’t have much control over it but I would hope that the funding for this phase of it is in place before anybody does anything. SUPERVISOR STEC-Understand. MR. TUCKER-Because what happens then, it gets started and somebody says, well the taxpayers will pay for it and it gets quite involved. SUPERVISOR STEC-Alright, thank you very much. MR.TUCKER-Just one more point. Niagara Mohawk is a public utility, they’re licensed to serve the public, if they have to fly it in with helicopters, let them fly it in with helicopters. SUPERVISOR STEC-Alright. Thank you Mr. Tucker. Is there anyone else that would like to comment? MR. JOHN MUCHA-Good evening, my name is John Mucha and I’m the General Manager for Adelphia Communications located on Dix Avenue in Queensbury. I’m also a resident of Ward 4 in the Town. I’m here representing both the ten employees of Adelphia that live in Queensbury as well as over ten thousand Adelphia customers in the Town. I appreciate the opportunity to address the Board and the public concerning this local law and the proposed amendments. By way of th history, it’s my understanding that this law was initially passed on July 26, 2004 but was re-passed stst on November 1, 2004 to cure procedural defects. Here we sit on March 21, 2005 again considering the request to amend this law due to other problems. I would like to propose an alternative to these amendments which I believe would be more prudent for the Town and it’s residents. You’ve already heard tonight about some of the issues that this law creates in our community. All of us are supportive of changes that will improve the appearance of our Town but we also must be mindful of the costs that will be incurred to make those changes. It is quite easy to say let the utilities pay the costs but the reality is, in the case of any government imposed regulation, those costs will be passed along to the customers who use those services. For Cable TV there are two costs that occur when utilities move from aerial facilities to underground facilities. First there is the cost of construction to move those facilities. In the case of Cable TV we generally do not own the poles or underground conduits where our facilities are located but lease these pole attachments from the power or phone company. When utilities are forced underground in any given area, we are forced, we as cable are forced to follow the construction plan of the other utilities whatever that cost may be to us. When this occurs, those unexpected costs are passed along to our customers in that area. In terms of this local law, we have a classic case of the law of unintended consequences. The Town Board which is on record as being concerned about Cable TV rate increases has passed a law that will result in higher Cable TV rates in the Town. The second cost involved is the increased price that Adelphia will have to pay Niagara Mohawk on an ongoing operating basis for the higher costs of operating underground facilities. Niagara Mohawk will present those costs to the New York State Public Service Commission and the PSC will set the rates accordingly that we as Cable must pay to lease those underground facilities. Again, these are costs that ultimately will be passed Regular Town Board Meeting, 03-21-2005, Mtg #14 133 along to Cable TV customers. The unintended consequence then of this local law is to make the Town of Queensbury a more expensive place for utilities to do business in and as a result, Town residents will pay for those higher costs with higher rates. I would suggest that a more prudent course of action by the Town Board rather then to amend this local law, would be to repeal it. The law is already in it’s third version with perhaps more versions to come. Repealing the law would give the Town a chance to consult with local utilities to find the most cost effective means for all concerned to achieve the Town’s goals. Unfortunately this consultation was not done in the past and is certainly part of the reason the amendments are being discussed today. In closing, as a local businessman and a local Town resident, I share the Town’s goal of improving our community but it needs to be done in the most cost effective way possible. I appreciate the opportunity to address the Board and provide another point of view. Thank you. SUPERVISOR STEC-Thank you very much Mr. Mucha. Is there anyone, yes, Mr. Rayhill. MR. BERNARD RAYHILL-My name is Bernard Rayhill, I live in Ward 2 and I’d just like to mention one thing before Mr. Mucha came up, in my mind, I saw the word economy and an economy is what we do in government. The word economy in Greek means the maintenance of the household and if we were maintaining a household, the Town of Queensbury and we’re going to invest in expensive projects, underground rather then keeping our prices within range in terms of our development and we can’t even put reflectors on the road. I mentioned this at the last meeting, reflectors on the road to provide light, there’s something wrong, and then think about the economy, the word economy, the maintenance of the household. So, I think Mr. Mucha brought up an interesting point and I think also you have to think about where we are. Are we trying to be California or are we the real Queensbury? Maintenance of the household, economy. Thank you. SUPERVISOR STEC-Thank you Mr. Rayhill. The public hearing is still open, if there’s anyone that would like to address the Town Board on this public hearing. We were going to go ahead and conduct the public hearing but not take action this evening. TOWN COUNSEL HAFNER-That’s what I understood was the wish of the Board. SUPERVISOR STEC-Okay, I will declare the public hearing closed and we will not take action on this, this evening, we’ll contemplate and perhaps take action at a future date. PUBLIC HEARING CLOSED 7:50 P.M. CORRESPONDENCE DEPUTY TOWN CLERK BARBER noted that the February 2005 Monthly Reports from the departments of Town Clerk and Building & Codes have been received and filed. INTRODUCTION OF RESOLUTIONS FROM THE FLOOR – NONE OPEN FORUM 7:52 P.M. MR. JIM UNDERWOOD-Just as a point of information, most of us who live on Lakefront properties within the Town and that includes the people down on the Hudson River as well as the people up on Lake George and myself being from Glen Lake, I think if you do a comparison as you suggested Dan, you do get an idea that there are some real inequities in the process in what’s occurred so far… There are many people in this community who have lived for long periods of time on waterfront property. There are instances of people forty or fifty years in the Town and despite the fact that we’re seeing this escalation in the prices that people are paying for waterfront property, I think we have to tie it into a reasonable approach as to how to deal with long term property owners versus speculators. You need to think that most people in the Town don’t work for Golden Sacs and they’re not looking to cash in and diversify their portfolio. I’ve done a little bit of research as far as what’s going on in other communities, it’s nothing that’s akin to just Queensbury and just our lake waterfront property but in introducing this tonight, I printed these things up and I’ll give copies to each of you after the meeting. But there are some homestead type laws that have been passed that are actively being pursued in the State of Maine and the State of Vermont that allow for people who do want to hold their property long term and aren’t looking to cash in or cash Regular Town Board Meeting, 03-21-2005, Mtg #14 134 out to work out something with the community. And I think that’s something that maybe we need to consider here in this Town because I think you’re going to create a situation where you may have a massive turnover of property and even though the rates may indeed continue to go higher and higher and higher, at the same time, you need to take into account that there are people that aren’t looking to cash out and I think you need to create some kind of opportunities for those people to, for tax relief… A long term plan rather than a short term gain. SUPERVISOR STEC-This is a state law that we’re following and I know Senator Little is working on a similar sort of legislation that tries to address the situation that you’re talking about… MR. DAVE DECKER, Representing Lake George Watershed Conference-Spoke to the Town Board regarding the concept of examining or looking at the feasibility of septic maintenance districts as a special use district to deal with challenges that we confront with onsite wastewater treatment in those areas that are not likely to be sewered. The Department of Environmental Conservation has put together a request for proposals and those proposals are due back into the Department the end of April and one of the areas of priority that they’re looking to provide grant funding for is just that and it deals with the question of non-point source pollution and I just want to read one or two sentences for the benefit of the public, it kind of codifies what we’re talking about here. Within the grant itself they have various areas they’re looking to fund and one of which is what they refer to as the highest priority, in dealing with the abatement of failing or inadequate onsite wastewater systems, should the implementation of a municipal management program pursuant to local law or special improvement district that provides for system inspections, system maintenance and system replacement or upgrade. It kind of hits right on the head what we’re trying looking to accomplish. We brought this particular RFP to the attention of what we call the project review committee within the conference. It is in fact something that was highlighted and identified in our plan for the future which is what we’re operating under for the last three or four years. So, why I’m coming here tonight to the Board is, A, advise you of the opportunity and offer that we would make an application on behalf of the Town of Queensbury to serve as the applicant where we would seek these funds from the Department of Environmental Conservation and we would work with your Development Office, Planning Office to make sure we highlight and priority the issues that are in front of the Town, at the same time we would look to make available and identify other areas around the lake that may not be within the Town as part of this grant application. So, it would be a grant application we would submit, we’d prepare, we’re seeking the Town to be the applicant as quite frankly as you are now the applicant for an existing grant, this would be another one of those and this would be to the Department of Environmental Conservation as opposed to the Department of State and we would prepare that application on behalf of the Town and have it submitted the end of April. TOWN BOARD held discussion, agreed to move forward with the process… MR. TUCKER, 41 Division Road-Questioned how the Town’s share of the County Budget is arrived at? Is it total assessed evaluation? SUPERVISOR STEC-It’s a complicated formula but the Town’s total assessed value factors in on the Town’s share of the tax levy. MR. TUCKER-Questioned how many towns in Warren County are at full value. SUPERVISOR STEC-Everyone except for two… Stony Creek and Johnsburg. MR. TUCKER-Referred to the Town’s website, the revaluation program and noted that Coby Road off Big Boom Road was not on the website… COUNCILMAN STROUGH-Noted that you have to enter the information properly or it won’t come up… MR. TUCKER-Referred to the County Budget Officer and questioned his statement regarding the 25% sales tax from the Great Escape, that he’d be happy with that? Any idea why? SUPERVISOR STEC-Just what I saw in the paper, his comments in the paper are consistent with what’s been discussed up at the County. Regular Town Board Meeting, 03-21-2005, Mtg #14 135 MR. TUCKER-Would you ask him what he’s talking about, I’d like to know. MR. LEO RIGBY, Willow Road-Questioned the status of the lawsuit that Glens Falls filed against Queensbury for the rezoning of the watershed property? SUPERVISOR STEC-We haven’t discussed it as a group in two weeks. TOWN COUNSEL HAFNER-We’ve gotten an extension and we’re working out a time frame to trade papers back and forth. We have plenty of time for the Town Board to decide whether or not they want to go forward and defend or whether they want to take some other action. MR. RIGBY-Referred to what was in the paper regarding South Queensbury Fire Company and questioned whether that will affect the operation of that company? SUPERVISOR STEC-No, I don’t think so at this point. As far as the police matter, it’s a separate matter and we’ll let the State Police and the DA’s Office go about their business as they have been. In the mean time, the Town Board worked out an understanding with the new leadership that we would basically, bring in a thorough review done by Jennifer, myself and Ted in an informal monthly meeting for us to listen to an update of where they are, they give us the bills, they show us the books. So, they’re getting a very thorough review by the Town Board while they get reorganized and I can tell you that the Chief and the President and the Treasurer that have been meeting with us have been very responsive, very cooperative… As far as do they have money and are they able to operate, the operation of that company is continuing. MR. RIGBY-Referred to Resolution 6.6, “Resolution Authorizing Engagement Of Cusack & Company, Certified Public Accountants To Audit City Of Glens Falls Sewer Contract” and questioned the cost and whether it was put out to bid? SUPERVISOR STEC-It’s not to exceed thirty-five hundred dollars and it was not put out to bid. MS. JENNIFER SWITZER, Budget Officer-It was not put out to bid, it’s just based on, it’s for professional services, Cusack is familiar with not only the Town books but the agreement with the City of Glens Falls. MR. RIGBY-Questioned the status of the Recreation Center? SUPERVISOR STEC-The Recreation Commission has asked for a little more time to organize their thoughts and plans to prepare for the public informational meetings… MR. RAYHILL-With regards to that project, it seems to me that the YMCA in Glens Falls has been involved in an expansion for over two years and they’ve articulated the project very, very well… Right now, we see nothing, we have nothing, we don’t know anything and this is the Town of Queensbury and I don’t think you as a Board should be proud of that fact or proud of your Recreation Department. You need to have something clarified for the whole public so that everybody can see…. At the Queensbury Association Meeting when we saw the films on smart development, one of the members of the Town of Queensbury Mike ... stood up and said he’d like to see a park on Lake George… We have land up there that could be used for a park for swimming in Lake George… I’m not saying this project is bad, I’m saying it’s good cause I’m a proponent of recreation infrastructure for everybody, for senior citizens like me, for the younger generation, for families but I think we have to take a look at all of our recreational facilities and serve all of the wards and think also about Lake George. Make these people think about the welfare of our community and the future of our community in terms of recreational infrastructure. I did the research on this forty years ago when I was in graduate, I found out that in New York City and most places where you see development, people put in stores, they put in warehouses, they put in factories, they don’t think about kids or children. Oh, the schools do all that work but you know what, we have a Town and now we have a Town with a great YMCA. We also have a Town with a great opportunity to provide infrastructure for the children of the Town of Queensbury, outside of the school district. This is your opportunity and hope that you will grab it… MR. PETE BROTHERS, Ward 1-Referred to the reval process… Noted concerned with the reval of North Queensbury, our property taxes, we can be paying a larger share for the same service and I’m concerned with it being more financially healthy then maybe other districts that we may be, Regular Town Board Meeting, 03-21-2005, Mtg #14 136 with the new money coming with the revaluation that we are almost in effect subsidizing other fire districts. I’m very concerned about the fairness of that, if that is the case and I would certainly like someone to look into that. Referred to an article by the Post Star regarding consolidation of services and I think it’s a great idea, I think it’s long overdue… I would recommend exploring all possibilities of consolidation, not only suggesting school districts such as Queensbury and Glens Falls, maybe Lake George and Bolton. But also municipalities, Queensbury and Lake George and Glens Falls to cut the government costs and still provide the benefit to people. And also at the County level, I really think we really need to show leadership in light of the concerns with the reassessments that are going on where people are getting forced from their homes because they can’t afford to pay the taxes. I think everybody in here is eventually going to be in that position if something isn’t done right away. At the County level, I’d like to see consolidation with Saratoga, Warren and Washington County maybe… I did hear information regarding the State of Maine and I’ve been watching on the …website regarding various states and there’s proposed solutions to the property tax dilemma and I did hear one proposal where your property taxes can go no further then say six percent of the person’s gross annual income or something like that. Just a suggestion. MS. RYBA, Executive Director-I would like to make one clarification to what was said earlier by one of the citizens. When the open space plan was in process and there were lots of investigation and communication with the public and the Town owned land off of Lake George was looked at, it’s very, very wet. You wouldn’t be able to put a beach in there. Parking access is limited. There was some discussion about possibly having some parking space for picnic table or in the winter for cross country skiing but that was investigated. I just didn’t want that perpetuated, I wanted to clarify the fact that that was looked at and there might be other possibilities but the Town land that the Town currently owns would not be able to be utilized for a beach. TOWN BOARD DISCUSSIONS 8:35 P.M. COUNCILMAN STROUGH-Thanked the Queensbury Land Conservancy for their efforts on the Rush Pond Berm Bridge, they got approval from DEC, it also includes the nature trails over there and it’s an excellent project. I talked to them about the Rush Pond Bike Trail which is a separate project but we can help one another with that. But what they put together I think they deserve praise for, it was a lot of work, it was two years in the making and so I wanted to thank all of you, the Queensbury Land Conservancy for their efforts… Read article from the American Planning Association Magazine of March 2005 which refers to a recent court case, Smith versus the Town of …, a small western New York Town has persuaded the state’s highest court that the Town did not commit a regulatory taking when it placed a conservation restriction on a portion of a property as a condition of approving the construction of a house. The New York’s Court of Appeals ruled in the Town’s favor in December… In reference to the Polling Places, most of my Third Ward is going to be using the 4/5 building, the William Barton Building on campus and I would suggest that they try and avoid the time period between 2:30 and 3:00 when the buses are there, I know I’ve heard complaints…. Announced the upcoming Parks and Recreation programs that will be starting soon: The Learn to Swim Lessons, Adult Tap Dance, Jazz Dance Lessons, Lifeguard Training, and Creative Rhythm and Tap and there are other programs being offered. If you’re interested in any of those, call the Parks & Recreation Office or better yet stop by… COUNCILMAN TURNER-I’m proposing to submit a resolution in front of the Town Board at the next Regular Meeting to decrease the speed limit on Meadowbrook Road from 40 to 35 MPH. Since the last time we did it which was about four years ago, there’s plenty of development and the road needs to be redone which Rick is going to do this year. COUNCILMAN BOOR-One topic, and I’ve spoken with Dan a little bit about this but I’ve had several conversations with Doug Wildermuth, he’s with the EMS and some others, it’s vitally important I think that the public understand that, last year we enacted a program whereby we would have paid staff at West Glens Falls EMS and I think that’s worked out quite well. The issue I have is that the north end of the Town is not getting the same treatment as the southern portion. It’s not really a sour grapes issue because as anybody that has read the revals knows that we all pay a tax based on the value of our house. As many people have come up here and said, we’ve got people living on a lake that are paying more money than I even want to think about and yet they’re not afforded the same opportunities and services that people in other parts of the town are receiving and that inequity is something that we can’t allow to continue. So, I’m going to lobby very hard and I think Dan is on board with me, I hope but we need to get some two paid members at Bay Ridge and Regular Town Board Meeting, 03-21-2005, Mtg #14 137 I would also ask the Board to consider at least one person during the busy months in North Queensbury. Doug Wildermuth is very familiar with how other communities manage to shift roving cars and stuff relative to when calls go out, he’s putting together a plan to present to us… SUPERVISOR STEC-I think the Board is all behind you and we are working on that… Just would like to put a plug in for the Town’s website, www.queensbury.net , it’s a wonderful tool… Thanked Glens Falls National Bank and TV-8 for sponsoring and televising our meetings… Last week I attended the Warren County Economic Development Corporation’s Annual Meeting and Luncheon at the Queensbury Hotel. They had a very good speaker there, the numbers are encouraging, they can always be better. Certainly the northeast is not the hotbed of economic activity but the numbers in the Glens Falls Metropolitan area are in encouraging… RESOLUTIONS 8:52 P.M. (Councilman Boor left meeting room) RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #147 – WATER MAIN REPLACEMENT ALONG BAY ROAD AND INSTALLATION OF WATER MAIN CONNECTOR AT COUNTRY CLUB ROAD AND WINCREST DRIVE RESOLUTION NO.: 155, 2005 INTRODUCED BY: Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to establish a Capital Project Fund to fund the design, contract administration, construction and easement preparation services in connection with the Bay Road Water Main Replacement Project, and WHEREAS, by Resolution No. 49, 2005, the Town Board authorized the improvement to the Consolidated Water District’s water transmission facilities by replacing a water main on Bay Road and installing a water main connector at Country Club Road and Wincrest Drive in accordance with New York State Town Law §202-b, and WHEREAS, Resolution No. 49,2005 was subject to permissive referendum and the referendum period has expired without anyone filing a request for a referendum, and WHEREAS, the total Project cost is estimated to be $419,043 and the Town Board wishes to appropriately establish a Capital Project Fund, NOW, THEREFORE, BE IT Regular Town Board Meeting, 03-21-2005, Mtg #14 138 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Bay Road Water Main Replacement Project Fund #147, which Fund will establish funding for expenses associated with the design, contract administration, construction and easement preparation services in connection with the Bay Road Water Main Replacement Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be by a transfer of funds from Water Capital Reserve #065, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #147 in the amount of $419,043, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ?? Revenue Account No. 147-0147-5031 – Interfund Transfers - $419,043 ?? Expense Account No. 147-8340-2899 - Capital Construction - $336,593 ?? Expense Account No. 147-8340-4403 – Engineer/Surveyor - $82,450 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to amend the 2005 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. st Duly adopted this 21 day of March, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Turner NOES : None ABSENT: Mr. Boor Regular Town Board Meeting, 03-21-2005, Mtg #14 139 RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BID FOR WATER MAIN REPLACEMENT ALONG BAY ROAD AND INSTALLATION OF WATER MAIN CONNECTOR AT COUNTRY CLUB ROAD AND WINCREST DRIVE PROJECT RESOLUTION NO.: 156, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 169.2004, the Queensbury Town Board authorized engagement of C.T. Male Associates, P.C. (CT Male) for design phase, contract administration phase, construction observation and easement preparation services in connection with the Bay Road Water Main Replacement Project, and WHEREAS, by Resolution No.: 489,2004, the Town Board authorized engagement of C.T. Male for additional design services and preparation of engineer’s report for an additional connection between the water main on Country Club Road and the water main on Wincrest Drive, and WHEREAS, by Resolution No.: 49,2005, the Town Board authorized such additional improvements to the Queensbury Consolidated Water District, and WHEREAS, C.T. Male prepared bid documents and specifications to advertise for bids for the improvements authorized by Resolution No. 49,2005, such work to include, among other things, installation of 4,190 LF of 12-inch water main along the east side of Bay Road from just north of Cronin Road to the Adirondack Community College property (3,653 LF of 12” DIP by open cut and 537 LF of 12” HDPE by directional drill), fire hydrants, valves, bedding, backfill, pavement and lawn restoration, with the existing water main to be kept in service until the services are moved to the new main, and installation of approximately 210 LF of 8-inch pipe to connect the 8-inch water main on Country Club Road with the 6-inch main on Wincrest Drive, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town’s bid documents and specifications, and WHEREAS, by Town Board Resolution No.: 102,2005 the Queensbury Town Board authorized the bidding for the Bay Road Water Main Replacement Project and the Town Purchasing Agent and C.T. Male duly followed the proper procedures for bidding such work on behalf of the Town, and Regular Town Board Meeting, 03-21-2005, Mtg #14 140 th WHEREAS, on March 10, 2005, the Purchasing Agent duly received and opened all bids, and WHEREAS, C.T. Male, the Purchasing Agent and the Water Superintendent have recommended that the Town Board authorize awarding of the bid to the lowest responsible bidder, Trinity Construction, Inc., for an amount not to exceed $316,593, and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders in a total amount not to exceed $20,000 that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for construction of the Bay Road Water Main Replacement Project Contract No. 1 - General Construction for the Water Transmission System Improvements Project from the lowest responsible bidder, Trinity Construction, Inc., for an amount not to exceed $336,593, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute a Contract between the Town and Trinity Construction, Inc., in form acceptable to the Town Supervisor, Water Superintendent, Budget Officer and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract in the total amount not exceeding $20,000 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that upon completion of work and/or in any necessary Change Order(s), the Town Board further authorizes payment for these services with such amounts to be paid from Capital Construction Account No.: 147-8340-2899, and BE IT FURTHER, Regular Town Board Meeting, 03-21-2005, Mtg #14 141 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of March, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None (Councilman Boor returned to meeting, after introduction of resolution and during brief discussion of resolution) RESOLUTION AUTHORIZING HIRING OF THEODORE MC CLOUTH AS MOTOR EQUIPMENT OPERATOR IN HIGHWAY DEPARTMENT RESOLUTION NO.: 157, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Deputy Highway Superintendent wishes to fill the vacant Motor Equipment Operator (MEO) position, and WHEREAS, the Deputy Highway Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and wishes to an appointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Theodore McClouth to the full-time position of Motor Equipment Operator (MEO) in the Town’s Highway th Department effective March 28, 2005, and BE IT FURTHER, RESOLVED, that such appointment shall be contingent upon Mr. McClouth’s successful completion of a pre-employment physical as required by Town Policy, any applicable Civil Service requirements and an eight month probation period, and BE IT FURTHER, Regular Town Board Meeting, 03-21-2005, Mtg #14 142 RESOLVED, that Mr. McClouth shall be paid the hourly rate for the MEO position as delineated in the Town’s current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Deputy Highway Superintendent and/or Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of March, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION DESIGNATING TOWN POLLING PLACES RESOLUTION NO. : 158, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, in accordance with New York State Election Law 4-104, the Queensbury § Town Board must submit a listing of the Town’s polling places for each Election District to the Warren County Board of Elections, and WHEREAS, each location is accessible to the physically handicapped in accordance with Election Law 4-104-1-a, § NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby designates the following locations as the Town of Queensbury’s polling places for each Election District: WARD/ELECTION DISTRICT LOCATION 1/1 North Queensbury Firehouse 1/2 Bay Ridge Firehouse (Bay Road) 1/3 Bay Ridge Firehouse (Bay Road) 1/4 Warren County Municipal Center 1/5 Warren County Municipal Center Regular Town Board Meeting, 03-21-2005, Mtg #14 143 WARD/ELECTION DISTRICT LOCATION 2/1 South Queensbury Firehouse 2/2 Queensbury Activities Center 2/3 Queensbury Central Firehouse (Lafayette Street) 2/4 Queensbury Activities Center 2/5 Warren County Municipal Center 2/6 The Glen at Hiland Meadows 3/1 Queensbury 4/5 School Gym 3/2 Queensbury 4/5 School Gym 3/3 Queensbury 4-5 School Gym 3/4 Kensington Road School 3/5 Queensbury 4/5 School Gym 3/6 Queensbury 4/5 School Gym 4/1 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads) 4/2 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads) 4/3 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads) 4/4 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads) 4/5 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads) 4/6 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads) 4/7 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads) 4/8 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads) 4/9 West Glens Falls Firehouse Station 1 (Luzerne/Veterans Roads) and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a copy of this Resolution to the Warren County Board of Elections. st Duly adopted this 21 day of March, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Supervisor Stec recommended a change to the resolution so that it reads all nine Ward 4 Districts to be held at West Glens Fire Station 1, Luzerne/Veterans Roads… Councilman Turner and Councilman Boor agreed to amend resolution. Councilman Turner noted that the people of Ward 2, District 5 complain that they have to travel all the way to the Municipal Center… Something to consider for next time. (vote taken) RESOLUTION REQUESTING AND URGING FEDERAL LEGISLATION TO PROVIDE REGULATORY AUTHORITY OVER CABLE RATES AND INCREASES RESOLUTION NO.: 159, 2005 Regular Town Board Meeting, 03-21-2005, Mtg #14 144 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, cable service for television programming and internet access has become an important element of modern life, and WHEREAS, much to the frustration of local officials and their constituents, cable service subscriber rates have been the subject of repeated rate increases in recent years by cable companies not subject to effective competition, and WHEREAS, Federal regulatory authority that could help address and control costs for cable services at levels about the minimal basic service level is non-existent leaving municipalities and subscribers therein without an effective means of addressing higher costs, and WHEREAS, Federal legislation is the only practical means of addressing ever increasing costs for cable service, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests and urges its Federal representatives to work towards and adopt legislation which will provide regulatory authority to the Federal Communication Commission, State government and/or local municipalities to make cable rates and increases subject to review and thereby provide a vehicle by which legitimate concerns of local constituents may be addressed, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to forward certified copies of this Resolution to Senator Charles E. Schumer, Senator Hilary R. Clinton, Congressman John E. Sweeney, William Flynn, Chairman of the New York State Department of Public Service, and the New York State Association of Counties. st Duly adopted this 21 day of March, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None Discussion Before Vote: Regular Town Board Meeting, 03-21-2005, Mtg #14 145 Councilman Boor recommended that the other Town’s throughout the County also send similar resolutions, they should be doing what we’re doing. Supervisor Stec-That’s a good point and I’ll encourage them to do that as well. (vote taken) RESOLUTION AUTHORIZING ENGAGEMENT OF CUSACK & COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT CITY OF GLENS FALLS SEWER CONTRACT RESOLUTION NO.: 160, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 168,2002, the Queensbury Town Board authorized a Wastewater Treatment Agreement between the Town of Queensbury and City of Glens Falls (Agreement) providing for, among other things, the Town’s purchase of sewage treatment capacity from the City, and WHEREAS, such Agreement provides that the Town may, at its own expense, hire an independent auditing firm to perform an audit of all the books and records of the operations, maintenance and Reconstruction of the City’s Wastewater Treatment Plant and the Reconstruction Fund, and WHEREAS, the Town of Queensbury’s Deputy Wastewater Director and Budget Officer have recommended that the Town Board invoke the Town’s right to audit all of the books and records of the operations, maintenance and reconstruction of the City of Glens Falls Treatment Plant as provided for under the Agreement, and WHEREAS, Cusack & Company, CPA’s (Cusack) has offered to provide such auditing services to the Town for a cost not to exceed $3,500 as more specifically set forth in Cusack’s th January 18, 2005 letter presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of the services of Cusack & Company, CPA’s to perform an audit of all the books and records of the operations, maintenance and reconstruction of the City of Glens Falls’ Wastewater Treatment Plant and Reconstruction Fund for an amount not to exceed $3,500 as more specifically set forth in th Cusack’s January 18, 2005 letter presented at this meeting, and BE IT FURTHER, Regular Town Board Meeting, 03-21-2005, Mtg #14 146 RESOLVED, that payment for these services shall be paid for from Account No.: 032- 8110-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to sign any documentation and take any and all action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of March, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH ABSTRACT OF MARCH 17, 2005 RESOLUTION NO.: 161, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as thnd the Abstract with a run date of March 17, 2005 and a payment date of March 22, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a run thnd date of March 17, 2005 and payment date of March 22, 2005 numbering 25-110900 through 25- 137900 and totaling $383,064.41, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21day of March, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough Regular Town Board Meeting, 03-21-2005, Mtg #14 147 NOES : None ABSENT: None RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 162, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2004 Town Budget as follows: COMMUNITY DEVELOPMENT FROM: TO: $ AMOUNT: 01-3620-2020 01-3620-4110 350. (Vehicles) (Veh. Repair & Maint.) 01-3620-2020 01-3620-4400 1,186. (Vehicles) (Misc. Contractual) TOWN COURT FROM: TO: $ AMOUNT: 001-1990-1002 001-1110-1212-0002 500. (Contingency-Misc. Payroll) (Deputy Court Clerk) st Duly adopted this 21 day of March, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Regular Town Board Meeting, 03-21-2005, Mtg #14 148 RESOLUTION APPOINTING THOMAS FORD AS ALTERNATE MEMBER ON QUEENSBURY PLANNING BOARD RESOLUTION NO. : 163, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury previously established the Town’s Planning Board in accordance with applicable New York State law, and WHEREAS, a vacancy for an alternate member position exists on the Planning Board, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Thomas Ford as such alternate member, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Thomas Ford to serve as an alternate member of the Queensbury Planning Board until such term expires on December 31, 2011. st Duly adopted this 21 day of March, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION APPOINTING BARBARA EDMUNDS AS ADMINISTRATIVE ASSISTANT TO COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO.: 164, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Executive Director of Community Development has advised the Town Board that she wishes to appoint an Administrative Assistantin the Community Development Department, and Regular Town Board Meeting, 03-21-2005, Mtg #14 149 WHEREAS, the Executive Director of Community Development posted availability for the position, reviewed resumes, interviewed interested candidates and has made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Barbara Edmunds to the nd position of Administrative Assistant to the Community Development Director effective March 22, 2005, an overtime exempt and Grade 5 position within the Town of Queensbury’s Non-Union Position Grade Schedule, on a provisional basis subject to successful completion of: 1) a six month probation period; 2) Warren County Civil Service Exam, if applicable, and any other Civil Service rules; and 3) an employment physical as required by Town Policy; and BE IT FURTHER, RESOLVED, that Ms. Edmunds shall be paid an annual salary of $32,066 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Supervisor, Executive Director of Community Development and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of March, 2005 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING EXTENSION OF GRANT AGREEMENT WITH NEW YORK STATE FOR “LAKE GEORGE – PLAN FOR THE FUTURE” GRANT FUNDS RESOLUTION NO.: 165, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough Regular Town Board Meeting, 03-21-2005, Mtg #14 150 WHEREAS, the Town of Queensbury received $315,000 in matching grant funds from New York State for implementation of the “Lake George – Plan for the Future” document which updated the 1987 document entitled “The Plan for the Future of the Lake George Park,” and WHEREAS, a local “match” to the $315,000 grant awarded by the State was required, such match to come in the form of mainly in-kind services with a small portion to be matched by cash contributions from local municipalities, including the Town of Queensbury, in the amount of $7,000 each, for a cash contribution of $63,000, and WHEREAS, by Resolution No.: 54,2003, the Queensbury Town Board authorized execution of the Grant Agreement with New York State and accepted and established appropriations and estimated revenues in the total amount of $378,000 for “Lake George – Plan for the Future” grant funds, and WHEREAS, by Resolution No.: 55,2003, the Town Board authorized engagement of David J. Decker, P.E. & Associates for the provision of program and project management services related to such funds, and WHEREAS, Mr. Decker has advised the Town Board that additional time is required to complete the Project and program services described in the Grant Agreement, and therefore it is necessary for the Town Board to authorize a one-year extension of the Grant Agreement or through th March 30, 2006, and WHEREAS, New York State will require no further funds from the Town in connection with the requested one-year extension, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a one-year extension of the Grant Agreement between the Town and New York State for implementation of the “Lake George – Plan for the Future” program as referred to in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to send a letter to New York State requesting the one-year extension, such letter being substantially in the form presented at this meeting, and BE IT FURTHER, Regular Town Board Meeting, 03-21-2005, Mtg #14 151 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of March, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT : None RESOLUTION APPROVING QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE A 2005 CHEVROLET TAHOE SPORT UTILITY VEHICLE FOR EMERGENCY MEDICAL SERVICE PURPOSES RESOLUTION NO.: 166, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it wishes to purchase a 2005 Sport Utility Vehicle to be used for First Responder/Emergency Medical Service calls for a sum not to exceed $38,000, and WHEREAS, the Fire Company plans on paying for the vehicle by using funds from its Restricted Vehicle Fund, and WHEREAS, the Town Board feels that this new vehicle will provide additional safety protection for the Town and therefore the Town Board wishes to authorize such purchase, NOW, THEREFORE, BE IT Regular Town Board Meeting, 03-21-2005, Mtg #14 152 RESOLVED, that the Queensbury Town Board hereby approves of the Queensbury Central Volunteer Fire Company, Inc.’s purchase of a 2005 Sport Utility Vehicle for a sum not to exceed $38,000 to be paid for from funds in the Fire Company’s Restricted Vehicle Fund provided that details are received and approved by the Town Supervisor prior to such purchase, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of March, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None Discussion Before Vote: Councilman Brewer-I discussed with Joe Duprey the Chief that there were other options for a different vehicle at a lot less money and he agreed to pursue that and purchase that vehicle… Town Counsel Hafner-I was told about it by Tim and John before the meeting and asked me to make a couple of changes… In the second Whereas, we change the dollar amount to read $38,000. and the first Resolved, we’re changing the dollar amount to read $38,000 and I heard that there’s some details still yet to be done and the Town would normally have a chance to review that and improve it. So, my proposed language at the end of that Resolved to be, provided that details are received and approved by the Town Supervisor prior to such purchase… Town Board agreed, Councilman Boor and Councilman Turner agreed to amendments. (vote taken) RESOLUTION TO ADJOURN REGULAR TOWN BOARD MEETING RESOLUTION NO.: 167, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT’S ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn it’s Regular Town Board Meeting. st Duly adopted this 21 day of March, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer Regular Town Board Meeting, 03-21-2005, Mtg #14 153 NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY