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2005-10-03 MTG 44 REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 900 REGULAR TOWN BOARD MEETING MTG#44 RD OCTOBER 3, 2005 RES#472-485 7:03 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS BUDGET OFFICER, JENNIFER SWITZER EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, MARILYN RYBA WASTEWATER DIRECTOR, MIKE SHAW CHAIRMAN OF RECREATION COMMISSION MEMBER, JACK LA BOMBARD PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER SUPERVISOR STEC-Opened meeting. MOMENT OF SILENCE IN MEMORY OF THE VICTIMS OF LAKE GEORGE TRAGEDY – SUPERVISOR STECPresented Mr. Harry Hansen with the following Proclamation. PROCLAMATION RESOLUTION NO. 472, 2005 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, Mr. Harry Hansen, Director of the Queensbury Parks and Recreation Department since 1978, has demonstrated a high degree of professionalism, technical expertise, and devotion to the Town of Queensbury over the past twenty-seven years, and WHEREAS , Mr. Harry Hansen has been an integral member of the Parks and Recreation Department for the Town of Queensbury and has served as a strong leader and supervisor of this Department, which is charged with addressing the Town’s quality of life and recreational opportunities and programs, and WHEREAS , Mr. Harry Hansen has implemented and overseen a number of major Town projects including the creation of the Ridge/Jenkinsville Park, Gurney Lane Recreation Area, Hovey Pond Park, The Hudson Pointe Nature Preserve, Hudson River Park, and REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 901 WHEREAS , Mr. Harry Hansen has played a vital role in facilitating the creation of numerous traditional and non-traditional recreational programs for adults, youths, and families within the Town of Queensbury, and WHEREAS , Mr. Harry Hansen, after a distinguished and successful career, has retired as the Director of the Queensbury Parks and Recreation Department and he will be greatly missed by all of the members of the Queensbury Town Board, the Recreation Commission and department staff and by his friends and colleagues at Town Hall and throughout the Town of Queensbury, and WHEREAS , the Queensbury Town Board is proud of Mr. Harry Hansen’s impressive and notable accomplishments and wishes to formally salute and recognize Mr. Hansen for providing his valuable knowledge and tireless, unselfish service to the Town of Queensbury, and NOW, THEREFORE, BE IT PROCLAIMED , that the Queensbury Town Board hereby congratulates Mr. Harry Hansen and further expresses its sincere appreciation and thanks to Mr. Hansen for his years of loyal, devoted, and dedicated service to the Town of Queensbury and for doing his part to make the Town of Queensbury a better place to live. rd Duly adopted this 3 day of October, 2005, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None CHAIRMAN RECREATION COMMISSION, JACK LA BOMBARD- Presented Mr. Hansen with plague in appreciation for his years of service. HEARINGS EDWARD & NORMA BAERTSCHI’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS & SEWAGE DISPOSAL OPENED MRS. BAERTSCHI PRESENT SUPERVISOR STEC-Just as a reminder for people we have had several of these in the last few meetings. We allow people to delay the actual physical connection into the system for whatever reason if it is not necessarily a convenient time to tie in, we allow up to a two-year extension. The waiver before us tonight is to consider a one-year extension. With that Mrs. Baertschi is there anything you would like to add or if there are any questions that board members may have for you the floor is yours. MRS. BAERTSCHI-I would just like to say that we would like an extension on it. SUPERVISOR STEC-I think that probably covers it. Again, we’ve handled several of these. Do any board members have any questions for Mrs. Baertschi? REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 902 COUNCILMAN BOOR-I don’t have a question. I did get to speak with your son who actually holds the business at the location where this waiver is being requested. He was wondering if we could do a two year. I don’t know if the board is comfortable with that or not the use is such that I don’t think it’s an issue. It would just mean that they wouldn’t have to come back in another year to renew if the board is comfortable with that I would put that forward. COUNCILMAN STROUGH-Roger, I was surprised when I was reading one year when we’ve been giving everybody two years. SUPERVISOR STEC-Actually we’ve been giving whatever they’ve been asking one or two. There have been some of one and some of two. COUNCILMAN TURNER-I don’t have a problem with it. COUNCILMAN BOOR-In any event the use as described Dan as I witnessed would certainly warrant a two-year. COUNCILMAN BREWER-I don’t have a problem with that Bob. Will that affect the advertisement or anything that like? TOWN COUNSEL, HAFNER-No because that’s one of the things that you guys have the discretion you could pick any number up to two years under our local law. COUNCILMAN BREWER-That’s fine then. SUPERVISOR STEC-You prefer two? MRS. BAERSTCHI-That would be fine. COUNCILMAN BOOR-I make a motion that we alter that to read two-year instead of one. COUNCILMAN TURNER-I’ll second it. SUPERVISOR STEC-I’ll close the hearing. HEARING CLOSED RESOLUTION APPROVING EDWARD AND NORMA BAERTSCHI’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 473, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (2) years from the date of notice, and REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 903 WHEREAS, Edward and Norma Baertschi have applied to the Town Board for a § variance/waiver from 136-44 for a two-year extension of the Town’s connection requirements to connect their property to the Town of Queensbury’s Route 9 Sewer District as there is a stone wall on the property which may make the connection difficult or impossible and the property’s current septic tank with leach field is properly functioning and th very little water is being used, as more fully set forth in the Baertschis’ September 19, 2005 application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Mr. and Mrs. Baertschi and the Town Board conducted a hearing concerning the variance/waiver request rd on October 3, 2005, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves Edward and Norma Baertschi’s § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and grants a two-year extension of time or until October rd 3, 2007 in which to connect their property located at 1204 State Route 9, Queensbury to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 904 RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of October, 2005 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None CORRESPONDENCE DEPUTY CLERK O’BRIEN-The following is on file in Town Clerk’s Office. Monthly Report for Luzerne Road and Ridge Road Transfer Stations from January 2, 2005 thru September 30, 2005. Town of Queensbury 2006 Tentative Budget. PRIVILEGE OF THE FLOOR PETER BROTHERS, QUEENSBURY-Asked the board at a previous Town Board meeting about public information regarding comparable sheets pertaining to the reevaluation noting he was told that the Town of Queensbury Board had gone as far as they are going to go with some exceptions. Presented board members with information from the Department of State Committee on Open Government. It states specifically that regarding the law authorizing an agency such as a Town they would only be able to withhold records that are interagency or interagency materials, which are not statistical or factual tabulations, or data. Instructions to staff that affect the public final agency policy or determinations for external audits including but not limited to audits performed by the controller in the federal government. Asked each board member knowing what has happen with the revaluation which one of you if any of you would still support the revaluation now that you have seen what has occurred? Asked if anyone still has a problem with giving him the information that he has requested, which is public knowledge? TOWN COUNSEL, HAFNER-We were just given a copy of this I only had the chance to go through it once. I think is says exactly the same thing as we advised the Assessor’s Office. If you read it closely, I think Mr. Brothers is not citing it accurately for what it. says. In the case that citing is the same exact case that we cited in preparing a response to the Town Assessor. If you read it carefully, I think you will see that it is consistent with what we’ve told the Assessor. We still say if you have questions that we recommend that you talk with the Assessor individually to have a chance to have the Assessor explain. SUPERVISOR STEC-Just got this ten minutes ago would like to read it. TOWN COUNSEL, HAFNER-We air on the side of disclosure. There are times when there are internal opinions that are not foil able this is one of those cases. MR. BROTHERS-Feels that when someone has paid for a specific service through public government and they are not able to get access to that information doesn’t feel this is open government noting he respectfully disagrees feels that they should have access to this. Asked why would you want to deny us access to this specific information? TOWN COUNSEL, HAFNER-This is not a debate session. We answer to the Town Board and to the Department Heads. That is where we recommend you guys discuss before you suggest changing. MR. BROTHERS-You are not going to answer my question as to why it should not be purvey to get this information. REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 905 TOWN COUNSEL, HAFNER-Correct. COUNCILMAN BOOR-I’ll read this. I will talk to Mr. Hafner and I will talk to you. JOHN SALVADOR, ALEXY LANE, NORTH QUEENSBURY-Spoke to the board regarding the foil request you should recognize that the information being requested at a certain point pasted into the public domain. The Town hired a consultant to compile this information. We can understand while this consultant was working and playing with this data it was not the subject of a foil request they had their work to do and they had their delivery to make. The reval is supported by this data and the data past at that point into the public domain and is available under foil. I can get what Mr. Brothers is asking for for on my own particular property and so can everyone else. COUNCILMAN BOOR-I tend to agree with you. I haven’t had a discussion with Bob and I’m not going to put the board in jeopardy, but I intend to agree with you and Mr. Brothers. Here, again I’m not sure what I’m allowed to say and what’s appropriate to say. I am going to find out and I will get to the bottom of it. MR. SALVADOR-There is the timing that I don’t think you’ve recognized. At a certain point, this becomes public information. Spoke to the board regarding Crandall Library Expansion the soliciting of the interest of the Glens Falls Industrial Development Agency to finance the expansion. The article that appeared in the October 1, Post Star regarding the LDC Board supporting it even putting up twenty five thousand dollars of taxpayer money to promote a ballot proposition is totally inappropriate aside from the fact they should not be financing the Crandall Library. Crandall Library debt has to be paid by the taxpayers and the taxpayers are not obligated to backstop the debt of a public benefit corporation, which the Glens Falls IDA is. Spoke to the board regarding the boiler that has failed. Asked how does the new boiler fit into the new project. Is it going to take care of the old library as well as the proposed expansion? Where is it going to be located in the old section or the new? This has probably been going on for a long time and they just decided to pull the curtain at this time. This is just an example of deferred maintenance the replacement of this boiler should have been taken care over the years. LEO RIGBY, 5 WILLOW ROAD, QUEENSBURY-Spoke to the board regarding the Planning Ordinance Review Committee on Saturday, October 15, will hold a meeting at the Town Center, open to all the public to run from nine thirty to twelve. The purpose of the meeting is Saratoga Associates is going to conduct a workshop with residents of the Town of Queensbury that are interested in identifying issues important to the zoning and subdivision regulations. The outcome of this meeting and numerous other meetings that will follow will be new up dated zoning regulations and subdivisions regulations. Thanked Harry Hansen for all his years of service. He has been very helpful to the Adirondack Soccer Club over the years, has done a great job with it. COUNCILMAN STROUGH-Asked if they know where they are going to meet? MR. RIGBY-Stu is under the impression we are going to meet here. COUNCILMAN STROUGH-Need to follow up and the public needs to follow up on where exactly it is going to be. MR. RIGBY-There will be a public announcement. SUPERVISOR STEC-This is a body that we created about a year ago in response to development concerns this is one of the items that was identified by the Planning Board. Thanked the members of the committee for their continued efforts. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding how the board feels about a library in the Town of Queensbury. SUPERVISOR STEC-The Town of Queensbury is one of three municipalities that participates in this State created Crandall Library District. The Town Board the only action that we have taken as far as to date on the library is that we agreed to put it on the REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 906 ballot for the voters. We did a few years ago attend a meeting to make sure that we were all in agreement that any expansion had to be approved by the voters in each of the three municipalities. The board has not taken an official position as to whether or not we are for or against an expansion or satellite. I think what our actions have been is that these are decisions for the voters to make. They’ve had an opportunity once it was defeated they went back and worked on it a couple years. I know that there are a large number of people in Queensbury that would like to see Queensbury have its own library, not sure, there is a whole lot of support for that. I think it would be very difficult to walk away from Crandall Library after all these years. MR. TUCKER-Believes under the law if you wanted to tonight you could create a public library in the Town of Queensbury no matter what you belong to. COUNCILMAN BREWER-If we created it how would we get out of the other district would it have to be a referendum? MR. TUCKER-No. Questioned if the two and a half million the board gave to the County is sales tax money? SUPERVISOR STEC-Yes. MR. TUCKER-The only people going to benefit from this refund are landowners. SUPERVISOR STEC-People that pay property tax. MR. TUCKER-Spoke to the board about Queensbury School being concerned about all the people in the Town of Queensbury that rent. Asked what benefit do they get out of this sales tax? They buy furniture, gas, and taxable things noting it feels to him that a large segment of the population is not benefiting from this action. SUPERVISOR STEC-They are renting from someone that is paying property tax. Researched the question several years ago what are our legal options with the surplus this was the only avenue available to us, would not argue it is perfect. MR. TUCKER-Questioned if there are restrictions on what the sales tax surplus can be used for. SUPERVISOR STEC-Yes. COUNCILMAN BOOR-It can’t go to a fire district it can’t to EMS. SUPERVISOR STEC-It can’t go to any special district. The only thing we can do is either use it as a credit, spend it, which I don’t think anyone is advocating for or leave a portion at the County as a credit against your county taxes will make sure when the County prepares next years tax bills that this will show up on the bill. MR. TUCKER-Questioned what law restricts the use of sales tax money. SUPERVISOR STEC-I’d have to throw that to Bob as well. I will have him answer both of those. TOWN COUNSEL, HAFNER-Would like to remind the board that sometimes having Counsel answer questions of people who come up…. COUNCILMAN BOOR-Doesn’t think they should be selective on whom we answer with Counsel and whom we don’t answer with Counsel. TOWN COUNSEL, HAFNER-We’ve recommended we answer your questions. Tim had a question and we answered the question before. His understanding from talking with the people at the State of New York is to have a library you need to get; I do not remember which agency you need to get their permission when you are in some other district. They REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 907 were very clear at that time that we are in a district right now that we would be extremely unlikely to get any permission to have another public library that covers our area. COUNCILMAN BREWER-The second question was what restrictions do we have on the sales tax money? TOWN COUNSEL, HAFNER-Sales tax money is Town general fund. You can only use it for the things you can use general funds. TOWN BOARD DISCUSSIONS SUPERVISOR STEC-Spoke to the board regarding the Planning Ordinance Review Committee Workshop on October 15. Thanked various fire departments and rescue squads from the area, Sheriff Department, Glens Falls Hospital for everything they have done regarding the tragedy in Lake George. Thanked TV 8 and Glens Falls National Bank for televising Town Board Meetings, reminded people about the Town’s website www.queensbury.net. Thanked Bob Keenan, IT Department for his efforts on the website. COUNCILMAN BREWER-Spoke to the board regarding Hudson Pointe the bridge that goes over the wetlands. The ice and water has risen and dropped over time the bridge has come apart and we have repaired it. Last year Harry Hansen found a company that would build a bridge. They have built it and have delivered; we will be installing it this fall. There will be a new bridge floating in the water at Hudson Pointe that goes across the wetlands. Spoke to the board regarding Salvation Army. Last year asked the Salvation Army to put a fence up they did it. We asked them to put a sign up they did it. Asked Supervisor Stec to write a letter to the Sheriff requesting to have someone police this. People are still dumping every time someone dumps there they have to pay to have it hauled away. SUPERVISOR STEC-Will write a letter to follow with phone call. COUNCILMAN STROUGH-Is a firm believer in the Freedom of Information Law. Believes that the information should be released the taxpayers have paid for especially if there is no substantive compelling argument to do otherwise noting he would like to hear the substantive compelling argument not to release this information. Spoke to the board regarding the noise problem of ATV’s. It is not the use of the ATV’s it is the noise that these individuals that are using the ATV’s have altered or removed their mufflers. Asked parents to be a little more mindful of their ATV’s that maybe they or their children are using. Spoke to the board regarding the watershed property noting the use of the ATV’s and the mufflers are a problem also there is a lot of dumping. I know probably after we get a new government established in January we will probably form the committee I suggested to develop a Master Plan for the watershed property, up until then it would be nice if the City could do something or allow us to do something to try and deter the dumping and the loud ATV’s. SUPERVISOR STEC-To contact the City. Spoke to the board regarding the ATV noise and the dumping issues noting they have all struggled with these issues. The Town has done everything reasonably possible to address some of these things that are simple human courtesies noting there is only so much government can do after that it is common courtesy. We need to get the message out there this is not the kind of community that we want to be. COUNCILMAN STROUGH-Spoke to the board regarding the repaving. Every year we repave we add a little bit of pavement it is no ones fault, not pointing any fingers. We crowned the road and the storm water is going off into people’s driveways. We might be able to remedy that once you identify that to the Highway Department. Took notes of everybody who has called expressing this concern will pass on to Highway Department may not be able to fix everyone’s situation we will investigate it. COUNCILMAN TURNER-Spoke to the board regarding sidewalks that they contracted out will be checking on the progress to report back. REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 908 COUNCILMAN BOOR-Spoke to Counsel regarding Bob Hunts thinks Mr. Hunt he will be returning this week to contact Counsel. Spoke to the board regarding the Great Escape noting Supervisor Stec was going to be meeting with the new General Manager. SUPERVISOR STEC-Met with him today. COUNCILMAN BOOR-Asked if he alluded to the concerns they had with the pedestrian bridge and the timing. SUPERVISOR STEC-Yes. He is very aware of our concerns that we want the bridge started. He was going to have a meeting after the meeting I had with him today with Kubricky regarding the status of this. He knows that the Town wants this finished and he has no problem with winter construction. They think they are going to have the concrete forms poured shortly before the cold weather gets here. COUNCILMAN BOOR-Once the majority of the concrete work is done it will be worthwhile to finish. If it doesn’t get started concerned with there is no reason to start. SUPERVISOR STEC-He thought they were going to get the concrete work done before the cold weather got here and then do the steel work in the cold weather. COUNCILMAN BOOR-Spoke to the board regarding the opening of the hotel noting his concern that he hasn’t seen a schedule for the improvements at the corner of Glen Lake and Route 9, assuming the intersection gets done before the hotel gets open. SUPERVISOR STEC-Thinks the intersection has to be done, believes that is the only access in. He seems genuinely anxious to get everything finished. COUNCILMAN BOOR-Asked to write a follow-up letter. SUPERVISOR STEC-No problem. Recommended having him come in and meet the board at a workshop noting he seemed very interested in coming in. COUNCILMAN BOOR-Would like to have an Attorney Client Meeting with regard to the reval. TOWN COUNSEL, HAFNER-We are Town Counsel our job is not to make policy. Our job is to advise you and the Town Department Heads on legal questions that come before you. This question was raised by us by one your Department Heads. The answer we gave was remarkably similar to what the Department of State Committee on Open Government gave. The question that was asked to us whether it was foil able the answer we gave was no its not. The decision whether or not to disclose is always up to the Town. I have asked at the last two meetings that you talk with Helen to get her input. COUNCILMAN BOOR-I take exception with the word disclose. We have disclose it we’re just unwilling to give it as a lump sum. We are not making it easy for an individual to have the entirety of it there may be a very good reason why we don’t do that. TOWN COUNSEL, HAFNER-That decision is something that the Town Board talking with the Town Assessor… COUNCILMAN BOOR-Considers this to be a legal issue. If it is an assessment issue then why are we not giving the information out? TOWN COUNSEL, HAFNER-The legal issue is whether or not its foil able. The answer as this shows is that it is not foil able. If something is not subject to foil the Town decides, they still want to disclose that’s a policy decision. COUNCILMAN BOOR-Should have discussion in front of the microphone and not do it in Attorney Client privilege. REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 909 TOWN COUNSEL, HAFNER-You need to talk with your Department Head that’s in charge with the Department to understand her reasoning. COUNCILMAN BOOR-Her reasoning would have to be the Attorneys reasoning. It comes down to lawsuits and it comes down to people having disagreements with their reval that’s a court decision not an Assessor’s decision. Everyone in the audience has the right to go to Court and argue their assessment that’s a legal issue. I don’t know what the Assessor is going to say that’s going to change our minds. COUNCILMAN BREWER-Did you ask her? COUNCILMAN BOOR-Talked to her many times. COUNCILMAN BREWER-Questioned what they want? COUNCILMAN BOOR-He wants to know what we paid for and what the results were. TOWN COUNSEL, HAFNER-Recommended the board talk to the Department head before you have this discussion. If you decide that, you support her you might undercut her that is what I recommend you don’t. COUNCILMAN BOOR-It’s not supporting her; it is Appraisal Consultants is the issue. COUNCILMAN BREWER-Recommended having the Assessor to a Workshop and get this straighten out. TOWN COUNSEL, HAFNER-It’s not the Counsel’s decision. SUPERVISOR STEC-Asked if Councilman Boor still wanted the Attorney Client Privilege meeting? COUNCILMAN BOOR-No. COUNCILMAN STROUGH-Part of the assessment process included using four other properties to determine the value of property believes this is the information they are looking for. COUNCILMAN BREWER-Would like to hear Helen’s side of the story before I say anything. TOWN COUNSEL, HAFNER-The legal is that it is not subject to foil. The policy decision that you are debating is a fine policy decision for you people to make. SUPERVISOR STEC-People who have questions should talk to the Department Head. RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.C. FOR ADDITIONAL ENGINEERING SERVICES RELATED TO ROUTE 9 PEDESTRIAN LIGHTING PROJECT RESOLUTION NO. 474, 2005 INTRODUCED BY: Mr. Tim Brewer SECONDED BY: Mr. John Strough DISCUSSION HELD COUNCILMAN STROUGH-Spoke to the board regarding the add-ons. COUNCILMAN BREWER-Nimo changed something. REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 910 BUDGET OFFICER, MS. SWTIZER-Nimo changed something but the light fixtures themselves were changed. Originally, there was not going to be the additional receptacle on these fixtures that was number one change. Number 2 change was chasing Nimo around not only C.T. Male, but Mike Shaw made at least two phone calls and I made at least three or four phone calls to Nimo to try to help move things along as well. SUPERVISOR STEC-Believes Councilman Strough raises a fair point. If somebody bids to do the work….. BUDGET OFFICER, SWITZER-The third problem is who is ultimately responsible for this. It was kind of a Wastewater Superintendent and a Budget Officer. I’m trying to deal with this and being told that this is what has to be done I’m relying on the professional that we hired that these are changes that have to be made. COUNCILMAN BREWER-Has been saying this for six years. We get contract after contract there is always a change. COUNCILMAN BOOR-Doesn’t understand why Mr. Shaw is involved. BUDGET OFFICER, SWITZER-This was a Town Board project ultimately it kind of got thrown on Mike because he was the one working closest to C.T. Male and this project during the sewer work on this project. COUNCILMAN BOOR-The only thing I think we should be paying for is the additional receptacle. BUDGET OFFICER, SWITZER-That is something you are going to have to have a conversation with Jim Edwards. SUPERVISOR STEC-That sounds like something we might want to do inclined to table this for tonight. BUDGET OFFICER, SWITZER-That’s fine. Again, the board has to have this conversation with him and not me. You need to appoint two Town Board in charge of something. COUNCILMAN BOOR-Why didn’t Jim Edwards come to the Town Board? SUPERVISOR STEC-We can have him come into a Workshop. BUDGET OFFICER, SWITZER-It was what should I do? I said the best thing you can do is put it in writing so that they can see something in writing. SUPERVISOR STEC-Recommended tabling this have him come into a Workshop. (NO VOTE TAKEN) RESOLUTION TABLING RESOLUTION NO. 474, 2005 RES. AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.C. FOR ADDITIONAL ENGINEERING SERVICES RELATED TO ROUTE 9 PEDESTRIAN LIGHTING PROJECT RESOLUTION NO. 475, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer Motion to table Resolution No. 474, 2005. rd Duly adopted this 3 day of October 2005, by the following vote: REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 911 Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner Noes: None Absent:None RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES RESOLUTION NO.: 476, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Budget Officer has advised the Town Board that the Town is eligible to apply for reimbursement funds from the New York State Office of Children & Family Services (NYS OCFS) relating to the support of the Warren County Youth Court, and WHEREAS, the Budget Officer has requested Town Board authorization to prepare a fund application in the amount of $6,408, forty-three percent (43%) of the total amount of support proposed for the Warren County Youth Court in 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Budget Officer to prepare the application for Youth Development/Delinquency Prevention Youth Services Funds from the New York State Office of Children and Family Services and further authorizes and directs the Town Supervisor and/or Budget Officer to execute the funding application and take any other action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of October, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING 5K RUN TO BENEFIT CAMP COMFORT RESOLUTION NO. 477, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 912 SECONDED BY: Mr. Roger Boor WHEREAS, the Adirondack Runners has requested authorization from the Queensbury Town Board to conduct a 5k road race/walk to benefit Camp Comfort as follows: SPONSOR : Adirondack Runners EVENT : 5k Road Race/Walk th DATE : Saturday, December 10, 2005 TIME : 9:00 a.m. PLACE : Beginning and ending at Hiland Golf Club (Letter delineating course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Runners to conduct a 5k Road Race/Walk within th the Town of Queensbury to benefit Camp Comfort on Saturday, December 10, 2005, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. rd Duly adopted this 3 day of October, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF CAPITAL PROJECT FUND NO: 131 RESOLUTION NO.: 478, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 913 WHEREAS, the Town of Queensbury has completed the necessary upgrade to the Town’s wastewater system at the Meadowbrook Road Pump Station, and WHEREAS, the final accounting shows that there is approximately $43,323 remaining in the Meadowbrook Road Pump Station Upgrade Capital Project Fund #131, and WHEREAS, the Queensbury Town Board wishes to close this Capital Project Fund and transfer the Fund’s remaining fund balance to the Quaker Road Sewer District Fund No. 32, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Meadowbrook Road Pump Station Upgrade Capital Project Fund #131 and transfer each of the Fund’s remaining balance(s) to Quaker Road Sewer District Fund No. 32, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution. rd Duly adopted this 3 day of October, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF CAPITAL PROJECT FUND NO: 143 RESOLUTION NO.: 479, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury has completed the Town-wide Revaluation Capital Project Fund #143, and REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 914 WHEREAS, the final accounting shows that there is approximately $10,077.49 remaining in Capital Project Fund #143, and WHEREAS, the Queensbury Town Board wishes to close this Capital Project Fund and transfer the Fund’s remaining fund balance to Capital Improvement Reserve Fund No. 64, and WHEREAS, in accordance with New York State General Municipal Law, if a Capital Project is completed and there are funds remaining in the Capital Project Fund, the funds may be transferred to a Capital Reserve Fund without such transfer being subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Town-wide Revaluation Capital Project Fund #143 and transfer each of the Fund’s remaining balance(s) to Capital Improvement Reserve Fund No. 64, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution. rd Duly adopted this 3 day of October, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION APPOINTING GARY STILLMAN AS DEPUTY FIRE MARSHAL RESOLUTION NO. 480, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 915 WHEREAS, the Queensbury Town Board wishes to fill the position of Deputy Fire Marshal, which position and Civil Service title was previously adopted by the Town Board, and WHEREAS, the Executive Director of Community Development and Fire Marshal posted availability for the position, reviewed resumes, interviewed interested candidates and have made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Gary Stillman to the position of Deputy Fire Marshal, an overtime eligible, Grade 5 position within the Town th of Queensbury’s Non-Union Position Grade Schedule, effective on or about October 4, 2005 on a provisional basis until such time as he passes the Civil Service exam for the position and alsosubject to the passing of a pre-employment physical and completion of a six month probation period, and BE IT FURTHER, RESOLVED, that Mr. Stillman shall be paid an annual salary of $30,000 with an increase to $32,000 annually upon his successful completion of the six month probation period and the passing of all New York State Building and Fire Codes classes and the Civil Service exam for the position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Executive Director of Community Development, Fire Marshal and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of October, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 481, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 916 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 2005 Town Budget as follows: CEMETERY: 002-1990-1002 002-8810-1470-0002 300. (Payroll Contingency) (Working Foreman-Overtime) 002-1990-1002 002-8810-1400-0002 300. (Payroll Contingency) (Laborer -Overtime) 002-1990-1002 002-8810-1450-0002 300. (Payroll Contingency) (MEO -Overtime) SOLID WASTE: 910-8160-4680 910-8160-1410 1,250. (Loader Repairs & Maint.) (Laborer PT) 910-8160-4680 910-8160-1470 1,250. (Loader Repairs & Maint.) (Working Foreman) TOWN COURT: 001-1110-2010 001-1110-4010 300. (Office Equipment) (Office Supplies) rd Duly adopted this 3 day of October, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO.: 482, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 917 SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Abstract with a run date of September 29, 2005 and a pay date of October th 4, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a thth run date of September 29, 2005 and pay date of October 4, 2005 numbering 25-443200 through 25-450800 and totaling $111,398.20, 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. rd Duly adopted this 3 day of October, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPROVING HOUSING REHABILITATION LOAN IN CONNECTION WITH THE TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM IN CONNECTION WITH THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM RESOLUTION NO.: 483, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS , the Town of Queensbury has established a Housing Rehabilitation Loan Program which provides a deferred loan to very low income eligible property owners for the owners cost of rehabilitation, and WHEREAS5073 , a single family property, Case File # has been determined to be eligible for a loan through the Housing Rehabilitation Loan Program and the owner of the property has requested such a loan, and WHEREAS , property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREASTwenty one , the low bid cost to complete the work specified is thousand six hundred seventy five dollars and no cents ($21,675.00) , and REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 918 WHEREASTwenty thousand , the property has been approved for a grant for dollars and no cents ($20,000.00) through the Housing Rehabilitation Program, and WHEREAS , Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this non-deferred loan, and WHEREAS , the property owner will enter into a Loan Agreement with the Town of Queensbury which will be filed with the Warren County Clerk’s Office with the principal balance of the loan due in monthly payments of $27.92 for sixty (60) months, NOW THEREFORE BE IT RESOLVED that the Town of Queensbury approves 5073 One a non-deferred rehabilitation loan for Case File #, in an amount not to exceed thousand six hundred seventy five dollars and zero ($1,675.00) authorizes and directs either the Town Supervisor or Town of Queensbury Executive Director of Community Development to execute a Non-Deferred Loan Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. RD Duly adopted this 3day of October, 2005, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec : NOES: None : ABSENT:None RESOLUTION APPROVING GRANT AWARD IN CONNECTION WITH THE TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM IN CONNECTION WITH THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM RESOLUTION NO.: 484, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS , the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and WHEREAS5073 , a single family property Case File # has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS , property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREASTwenty one , the low bid cost to complete the work specified is thousand six hundred seventy five dollars and zero cents ($21,675.00) , and WHEREAS , the owner is eligible to receive up to $5,000.00 in a deferred loan through the Town Housing Rehabilitation Program with a separate loan resolution attached, and WHEREAS , Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS , a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, THEREFORE BE IT RESOLVED , that the Town of Queensbury approves a 5073 grant for Case File #, Queensbury, New York, in the amount not to exceed: REGULAR TOWN BOARD MEETING 10-03-2005 MTG# 44 919 Twenty thousand dollars and no cents ($20,000.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. RD Duly adopted this 3 day of October, 2005, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 485, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. rd Duly adopted this 3 day of October, 2005, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner Noes: None Absent:None On motion meeting adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury