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2006-03-06 MTG8 588 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 REGULAR TOWN BOARD MEETING MTG. #8 MARCH 6, 2006 RES. 139-152 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS BUDGET OFFICER JENNIFER SWITZER DIRECTOR OF COMMUNITY DEVELOPMENT MARILYN RYBA DIRECTOR OF WASTEWATER MIKE SHAW IT DIRECTOR BOB KEENAN PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC 1.0PUBLIC HEARINGS 1.1Public Hearing – Bay Ridge Rescue Squad – Budget Amendment Chevrolet Trail Blazer Notice Shown Supervisor Stec-I will open the public hearing and I did not see anyone from Bay Ridge here tonight to discuss this. The Bay Ridge Volunteer Rescue Squad is looking to purchase a new medic vehicle for a cost not to exceed $30,000 it is a 2005 Chevrolet Trail Blazer and they have proposed financing it with a loan over five years. We have advertised this for public hearing a couple of weeks ago, with that the public hearing is open if there is anyone that would like to comment or ask any questions about this particular public hearing we would just ask that you raise hand. I will call people and have you come to the microphone introduce yourself and answer questions or make your comments. So, the public hearing is open if there is anyone that would like to comment on the Bay Ridge Rescue Squad purchase of a 2005 Chev Trail Blazer in an amount not to exceed $30,000. Yes, Chief Chief Joe Duprey-Ward II Queensbury The financing, where is the financing going to be coming from are they going to finance the total figure? Supervisor Stec-It says a rate to be determined, but they are looking for a five year loan. Do you have the details, Jen? Budget Officer Switzer-They are looking for a five year loan I believe it is a little under about four and a half to five percent. They are trading in a vehicle so it will be part of a trade in towards a purchase of a vehicle. Chief Duprey-So, that company does not have a vehicle fund? Budget Officer Switzer-Yes, they do. Chief Duprey-They do. Ok, and we are not going to use that? Budget Officer Switzer-No, not that I am aware of toward this purchase. Chief Duprey-Thank you. 589 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Supervisor Stec-Any other public comment on this public hearing? Any Town Board discussion before we close this public hearing? Councilman Brewer-I do Dan. Joe, you bring up a good point and I asked this question when Bay Ridge Rescue came to us in the beginning about this. The reason that they do not want to use their truck fund or what ever you want to call it is they have money apparently in a CD and it has not matured yet. I agree with what you are pushing at, we set these truck funds up so when we make purchases we pay for the purchases. That was the whole reason behind these truck funds and now the people that suffer when we don’t do that are the constituents here. I feel that we should table this and let them come back and talk to them and let them use their truck fund. If down the road they are going to buy another car, another ambulance or whatever then negotiate a loan if you need to. What happens in my mind is their budget never, ever goes down. The reason we had these truck funds was to keep the budgets down. We cut our budget here at the town and I think it is counter productive not to cut budgets where we can as long as anybody doesn’t suffer. I think by using that truck fund they can cut their budget $30,000 I think is the best investment that we could make. Supervisor Stec-Any other Town Board discussion? Any other public discussion? Hearing none unless there is any major objections from the Town Board I will close the public hearing. The public hearing is closed, further Town Board discussion. I will take a different avenue from certainly I know Tim’s is pushing at. I agree with his point I have a concern here that this is not consistent with language that we included in a public hearing and the contract that we approved last week for Queensbury Central which is I think where the point was trying to be made and politely made by the Chief. I sent an e-mail out to the Board and certainly I think where Tim might still part ways is that he would say well I do not want to change Central’s Contract in order to make it consistent with what we are going to do tonight. I am hung up on the consistency I would rather see us do one, either do it one way or the other. Either let them use the truck fund or make them use the truck fund or let them opt not to use the truck fund. So, that is my main concern with what we are doing. I do not have a huge problem with the medic truck for Bay Ridge, but the financing I think the timing I guess is unfortunate in some ways maybe fortunate in others depending on how you look at it. What we are proposing for financing this purchase is not consistent with the language that we added to Central’s. They have indicated to me that if we made that one sentence which is not included in any other fire companies contact go away that they believe, they have not had their vote yet but it has been communicated to me that they thought that their company would support their contact. So, I am not sure what the pleasure of the Board is but certainly this as written is exactly 180 degrees out of phase with what we required of Central. That is my only comment, other than that I do not have a problem with the purchase itself. If the Board informally wants to say ok, lets make the change, I am just looking for direction if we are going to make is consistent or not. Councilman Boor-Lets stay on this one and then we will deal with Central when we get there. Supervisor Stec-I will feel better about voting yes on this one if I get an indication that we might try to be consistent with, I am just looking for some feed back. Councilman Strough-I agree with you Dan. Supervisor Stec-Thank you. I do not think it is huge lift. Councilman Strough-They are very frugal they do not ask for too much and they don’t complain much and I think their… Supervisor Stec-Roger your point is a good one too, I do not like commingling some other companies business but because these issues are so related I am not, normally I would never do it but they are very related and they are within a week of each other. I do not know how either one of you feel? 590 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Councilman Sanford-I agree with you Dan on this as well, I think that I would like to get by these negotiations with all the fire departments for this year and then I would like to as I said last meeting very early start addressing not just their operating budgets but also their capital budgets, this summer and I would be agreeable to be consistent, approve this particular request and also agree with the proposal that you outlined in an e-mail which I understand Central agreed with. Supervisor Stec-It is my understanding that they did, they proposed it actually. Councilman Sanford-I will be supportive of that. Supervisor Stec-I want to give everybody an opportunity to be on record one way or the other if you don’t want to, I make three, but. Councilman Boor-I am going to approve this, so. Supervisor Stec-I am talking about the change to Central’s contract. Councilman Boor-As long as they use it toward trucks I do not have a problem if they do not want to use it. The truck fund is used for trucks that has always been my issue, Dan. That is fine. Councilman Sanford-The issue I have is Central is not on the agenda tonight. Supervisor Stec-No, they are not again my e-mail I hope that we made the point clear that I checked with Bob and Bob said this is just to canvas the Board, very publicly I am, as soon as I hear one way or the other from Tim, I will ask Darleen to just make sure that the record indicates that we had this discussion and then because it is not a substantive change that we can just drop it, and we talked about this. Councilman Brewer-Yes, we did. Supervisor Stec-You would like to be consistent the other way and I did not want to put a vote in your mouth. Darleen if you wouldn’t mine let the record show that the Town Board did discuss and we did agree four to one Tim, disagreed, to remove that one sentence from the Queensbury Central Fire Contract that requires them to use their vehicle fund the remaining balance on their vehicle fund towards the tower. We will let them keep that for a future vehicle use. So, with that said, I close the public hearing on this and I apologize, Bay Ridge is not here but certainly we kind of did hi jack the public hearing. Bay Ridges Rescue Squad that public hearing on the medic truck is closed. Is there any other Town Board discussion? Hearing none I will entertain a motion. RESOLUTION APPROVING BAY RIDGE RESCUE SQUAD, INC.’S PROPOSAL TO PURCHASE A 2005 CHEVROLET TRAIL BLAZER AND AMEND EMERGENCY SERVICES AGREEMENT & 2006 BUDGET RESOLUTION NO.: 139, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) have entered into an Agreement for emergency protection services, which 591 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Squad wishes to purchase a 2005 Chevrolet Trail Blazer (Blazer) for a sum not to exceed $30,000 (including costs of lettering the vehicle and changing its lights and radios) such purchase already included in the scheduled Squad’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for emergency protection services purposes, and WHEREAS, the Squad plans on paying for the Blazer by financing it with a loan over five (5) years at a rate to be determined, and th WHEREAS, on March 6, 2006, the Town Board held a public hearing concerning the Squad’s proposed purchase and amendment to its 2006 budget and Agreement and heard all interested persons, and WHEREAS, the Town Board feels that this new Blazer will provide additional, improved emergency medical services for the Town, N OW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Bay Ridge Rescue Squad Inc.’s proposal to purchase one (1) new Chevrolet Trail Blazer for a sum not to exceed $30,000 and approves an increase for annual principal and interest payments in the Squad’s 2006 Budget, and authorizes and amends the Squad’s 2006 Agreement for emergency protection services and budget with the Town to provide for such purchase, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documentation, including an amended Agreement between the Town and the Squad to provide for the purchase in form to be approved by the Budget Officer, Town Supervisor and/or Town Counsel, and BE IT FURTHER, 592 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 6 day of March, 2006 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES : Mr. Brewer ABSENT: None 1.2Continuation of Public Hearing – No Parking Sherman Avenue/Northway Lane Supervisor Stec-This is a public hearing that had actually started I believe, Darleen, th December 19 it was in December and we had tabled it at that time just so that, Town Clerk Dougher-Left open Supervisor Stec-We did not table it, that is right it was lift open, the public hearing is open again but we were looking to make a no parking on Sherman Avenue on both sides of Sherman Avenue from Seward Street to it intersection of Arbutus Drive or 4570 feet plus or minus and also a section on both sides of Northway Lane for it intersection of Sherman Avenue to its dead end of 750 feet plus or minus. Now, to summarize the jest of the discussion that the Town Board had and has followed up with briefly since then. There was concern I think the Board was on the same page that we saw that parking in the Morse Field area, which I think is the main thing that drove this to come to the Board certainly presented an unsafe situation, however there was a flip side to that coin or related problem that perhaps parking inside the Morse Field complex was not adequate for the volume. So, the Board was hesitant to act then because while we had one unsafe situation we did not want to make it worse, or we did not want to pile a problem and make the parking issue inside Morse Field worse. Last week Tim Brewer who pushed this, it is in his Ward, he was contacted about it originally and I and Marilyn Ryba met with Tom McGowan the Superintendent of Schools from Glens Falls, and their business manager and another member from Glens Falls and I think Tom Nace was there. We had a half hour long discussion to discuss we did not want to create a bigger problem for Morse Field or the Glens Falls School District. They were very point blank on the record at the end that they had absolutely no problem with us making both sides of Sherman Avenue as we described no parking. They felt that there was about four or five times a year that, that parking gets a little dicey there and they say it is usually the rivalry games where Queensbury and Glens Falls are playing an event there at the same time that creates the issue. They said that they also think that some people are parking on Sherman Avenue just because it is not convenient to pull into the parking area at Morse Field. They also said that separate from this they will go out and try to seek a little bit of additional parking but we said, well look, we are here because we do not want to make our problem your problem, and they said no, we do not think our problem is that bad but we will look to make it a little better. But, they, point blank I said look my Board is going to want to know how you are feeling about this and they said that they had no problem making this, supporting us making it a no parking. So, I wanted to bring that back and report that for the public and to the board. So, with that the public hearing is still open if there is anyone that wants to comment one way or the other on the no parking as I described in the area of Morse Field along both sides of Sherman Avenue, the public hearing is still open. Mr. .. Mr. Jeff Jacobs- My name is Jeff Jacobs I live on West Mountain Road, I am an advocate for bicycle and pedestrian accommodations and just as a matter of record I would like to say when ever possible we can control cars parked on these road which tends to interfere with passing with a bicycle or to walk is beneficial. At the same time I am very sensitive to the fact that those occasions when we do have big events in those areas that there be a friendly 593 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 atmosphere for people that are coming to your Town to when they live here and want to watch their kid play soccer that sort of thing. So, anyway my comment is simply I am glad that you could resolve it with the school district and hopefully with also the other athletic facility I do not know if they have been talked to if there, if they envision occasions in the future where they have large tournaments where they are going to have the same problems if we could work out solutions with them that would be a great thing. Thank you. Supervisor Stec-Is there anyone else that would like to be heard on this public hearing this evening? Any Town Board comments before we close the public hearing? All right I will close the public hearing. Is there any Town Board discussion on this? Councilman Strough-The only thing that I had I wished we had at some point in time sat down with the City of Glens Falls and worked out this parking issue. I mean there are places and I have driven them many times along that road where there could be pocket parking, not necessarily on the side but what they call pocket parking. Councilman Brewer-Absolutely, and we did talk about ..and we are going to pursue that. Supervisor Stec-They are going to contact the City, they were going to pursue that with our support but yea, they said that they would contact the City. Councilman Strough-Lets not forget about, ok. Councilman Brewer-Absolutely not, right up on Veterans, maybe we talked about clearing a small spot out. Councilman Strough-Lets not forget about doing that. Councilman Brewer-They said that they would take measurers as far as making sure that the students were aware of to walk from the school over to there which reduces parking from the students to allow more parking parents and visitors and whatever. Councilman Strough-Ok. Supervisor Stec-Any other discussion amongst the Board? All right I will entertain a motion. RESOLUTION TO ENACT LOCAL LAW PROHIBITING PARKING ON SECTION OF SHERMAN AVENUE AND SECTION OF NORTHWAY LANE IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 140, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of a Local Law which would prohibit parking on: 1)a section of the north and south sides of Sherman Avenue from its intersection with Seward Street, west to its intersection with Arbutus Drive, for a distance of 4,570’±; 594 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 2)a section of both sides of Northway Lane from its intersection with Sherman Avenue to a dead end, for a distance of 750’±, and WHEREAS, such legislation is authorized in accordance with Town Law, Vehicle § and Traffic Law 1660(18) and the Municipal Home Rule Law, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and was previously reviewed by the Town Board, and WHEREAS, the Town Board conducted public hearings concerning the proposed thth Local Law on December 19, 2005 and March 6, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts and enacts the Local Law Prohibiting Parking on a Section of Sherman Avenue and a Section of Northway Lane in the Town of Queensbury, to be known as Local Law No.: 2 of 2006, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and the Local Law will take effect immediately and as soon as allowable under law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Superintendent to post no parking signs on the appropriate sections of Sherman Avenue and Northway Lane and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of March, 2006 by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None LOCAL LAW NO.: 2 OF 2006 595 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 A LOCAL LAW PROHIBITING PARKING ON A SECTION OF SHERMAN AVENUE AND A SECTION OF NORTHWAY LANE IN THE TOWN OF QUEENSBURY BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: 1. Purpose: The purpose of this Local Law is to prohibit, under penalty of fine for violation, the parking of any vehicle on: A)a section of the north and south sides of Sherman Avenue in the Town of Queensbury from its intersection with Seward Street, west to its intersection with Arbutus Drive, for a distance of 4,570’±; B)a section of both sides of Northway Lane in the Town of Queensbury from its intersection with Sherman Avenue to a dead end, for a distance of 750’±. 2. Definitions: For the purpose of this Local Law, the words "Motor Vehicle," "Vehicle," "Person," and "Park" shall have the same meanings as set forth for the definitions of such words in the Vehicle and Traffic Law of the State of New York. 3. No Parking on a Section of the North and South Sides of Sherman Avenue in the Town of Queensbury: No motor vehicle or other vehicle of any kind shall be allowed or permitted to park and no person(s) shall park a motor vehicle or other vehicle for any period of time on, in or along the right-of-way on the north and south sides of a section of Sherman Avenue in the Town of Queensbury, such section beginning at the intersection of Sherman Avenue and Seward Street continuing in a westerly direction to the intersection of Sherman Avenue and Arbutus Drive, for a distance of 4,570’±. 4. No Parking on a Section of Both Sides of Northway Lane in the Town of Queensbury: No motor vehicle or other vehicle of any kind shall be allowed or permitted to park 596 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 and no person(s) shall park a motor vehicle or other vehicle for any period of time on, in or along the right-of-way on both sides of a section of Northway Lane in the Town of Queensbury, such section beginning at the intersection of Northway Lane and Sherman Avenue continuing to a dead end, for a distance of 750’±. 5. Responsibility of Motor Vehicle Owner: Should any vehicle be found parked in violation of this Local Law, it shall be presumed that the owner of the motor vehicle is the person responsible for parking the motor vehicle in violation and this presumption shall only be rebutted upon a showing by the vehicle owner that another person clearly identified had custody and control of the motor vehicle at the time of such violation. 6. Penalty: Any person violating any provision or paragraph of Sections 3 or 4 of this Local Law shall, upon conviction, be punishable for a first offense by a fine not to exceed $25, and for a second offense by a fine not to exceed $50. In addition to the aforesaid penalties, the Queensbury Town Board may institute any proper action, suit, or proceeding to prevent, restrain, correct, or abate any violation of this Local Law. 7. Effective Date: This Local Law shall take effect immediately upon its filing in the Office of the Secretary of State. 2.0CORRESPONDENCE 3.0INTRODUCTION OF RESOLUTIONS FROM THE FLOOR 4.0PRIVILEGE OF THE FLOOR Mr. John Kasselbaum – President of Queensbury Central In regard to the proposal that went out today what is our next step? Just so we know exactly where we stand with this. Supervisor Stec-By the Town Board authorizing this minor change tomorrow I will ask Pam Hunsinger the legal secretary to print a new contract that removes that one sentence I will sign it, it will be notarized and it will sit in Jennifers Office for you or your designated representative to come in and sign two copies and at that time fill out a voucher. Mr. Kasselbaum-I will still have to bring this back to the Company they will have to ratify it. If the contract is available I will bring it back to my company and go from there. Supervisor Stec-It will be available by lunch time tomorrow. Anyone else this evening? 597 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Mr. Joseph Duprey-Sweet Road Chief of Queensbury Central Noted he had seen the last Town Board Meeting and heard a lot of that a boys to the fire service during the wind storm and rightfully so there is no question they did a good job. Along those same lines even though Supervisor Stec was out of town he kept in contact with myself as well as other Chief’s in town in his absence, Tim was acting and he had made some phone calls to, to see what was going on as well as Roger. So, I guess my point is that a boy to the Town Board as well as the emergency services in the Town of Queensbury. I know you do not have the opportunity to hear that, that often it is well deserved. That a Boy to Ward I through III for the I am only kidding, rightfully deserving so the Town Board did its fair share as well. Supervisor Stec-Thank you but none of us I am not sure but I doubt that all of us were out as much in the cold as you and the couple of hundred volunteers that were running around Queensbury and certainly the other towns either, you had the worst end of the deal. Mr. Duprey-It certainly does ease the pain a little bid when we have a Supervisor that is calling to make sure that everything is going appropriate and asking if there is anything that he can do. Supervisor Stec-Thank you. Anyone else this evening? Yes, Sir, Mr. Brothers? Mr. Peter Brothers-Re: Fire Fighters Training Center – We should have the Fire Fighters Training Center presentation before public comment so that we are given an opportunity to offer our opinions. Re: The Authority No matter how much one or group of officials from a community try to put on a rosy picture that the authority is going to be done in an ethical manner with no lapses in judgment whatever the case may be, clearly the authority gives the opportunity for self dealing and other incompetence. I think the proposed authority is wrong I think it is a bad move and I do not think it should move forward. Supervisor Stec-Anyone else wish to comment this evening, Ms. Sonnabend. Ms Kathleen Sonnabend- 55 Cedar Court Agreed with Mr. Brothers that we need to have an opportunity for public comment on the Fire Training Center. The earlier that we express our concerns the more likely we will be able to influence that project. In regard to the map, plan that your resolution is asking for Cedar Apartments to go to legal review, I would like to make sure that this map, plan is accurate that it is not the old map, plan that had been tabled earlier because now that we have clarified the zoning code and stated for the record a 1000’ is the requirement we need to make sure that this project is not within the 1000’. We should also make sure that the previous proposal for a hundred and seventy four apartment units at Blind Rock and Bay Road is not part of that map, plan anymore because that could be a back doorway for Mr. O’Connor at some point in the future to get approval for that facility. We need to make sure that things are as clear as possible so that our Planning Board and Zoning Board don’t get in a bad spot. Councilman Sanford-Earlier today I check with our Counsel who is not here tonight, because we did not think they would be needed, but, I knew this was a concern and he sent us a memo suggesting just what you are stating. Prior to their legal review the report, in the map, plan and report needs to be revised to make sure it is compliant with the new change in zone and so that I anticipate will be a conditioned approval in moving forward with the legal review. Ms Sonnabend-I am also concerned with the last minute addition to the agenda, this seems to happen a lot, I realize that this apartment the Cedars Apartments project may have a dead line, but it is a deadline that they should have known about for a long time. So, I think there is some responsibility on the part of the applicant to submit it on a timely basis to the Town we should not be jumping through hoops all the time to try to make special arrangements for people when it might not end up giving us the result that we really want to see. I am also concerned about the costs associated with this because I know it can be presented as having no cost to the Town but I have been told with engineers that were involved with an earlier extension on Bay Road that there is a significant flow capacity problem at Cronin and Bay and if we continue to allow projects that are more dense than what was originally anticipated for Bay Road we are going to have a problem. I know that Surrey Fields needs to have their septic problems straighten out but I would like to see the Town do the map, plan for the 598 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Hiland connection also so we can figure out which is the lowest cost method of solving their problem rather than rushing thorough with a Bay Road extension. Thank you. Councilman Brewer-Wouldn’t you think that at somebody elses expense paying for all of it is cheaper than the Town paying for any of it? Ms Sonnabend-It would be if you didn’t have the problem at Cronin and Bay Road I agree. It maybe that they will pay for that part of it, but if it creates a significant problem for the Town, even if it is not immediate in the near future there is going to be a significant expense we need to know that and we need to look at alternatives too. Councilman Brewer-I agree with that but I think we should let that move forward in a timely fashion and make sure everything is accommodated. We did a study ourselves a couple of years ago that showed the capacities at that time, certainly the changes and I agree with Rich they should make the changes that are appropriate but let private developers that want to do this and offer to do this at no cost to the Town up to the corner let them go thorough the hoops do what they need to do. I am not saying we do not want to help Surrey Fields but I just don’t see the benefit of the Town spending taxpayers dollars, we cannot legally spend taxpayers dollars to do a map, plan and report for them. Ms Sonnabend-My understanding was that when that study was done it was not anticipating such big projects going in along Bay Road, that the study was done with the idea that the sewer could come up to the Town Center and even up to Cedar Court and perhaps Surrey Fields and accommodate them, based upon the rest of the empty land being developed as envisioned by the existing code. That existing code was envisioning professional offices in a residential like look which is not the same thing that these guys have been proposing increasingly. They are talking about very big projects, either apartments or huge office buildings which is a lot more dense than what was anticipated. Maybe they can bring it up and satisfy their needs but they are going to leave potentially the town and other land or current developments that are already there without the ability to hook into Bay Road. Councilman Brewer-I can assure you that this Board or Mike Shaw or our Attorney will not let that happen. Councilman Sanford-I appreciate your thoughts on this please be aware that resolution 6.8 is likely to be passed as well tonight which addresses requesting proposals on a map, plan and report for a proposed Hiland Park Sewer District Extension. Whether we act on that down the road or not will depend in a large part as to the feasibility of the Bay Road Extension. As a precaution based on what you said we are probably going to move forward with that so that we are ready to move in that direction should we find that some of your concerns are realized. Ms Sonnabend-I would just like the Town to know what the two options are and which is the best for the Town not just what is best for a particular developer. Councilman Boor-One correction with regard to the possibility of going to Hiland should the Bay Road project not come through, it would not necessarily as Mr. Brewer has characterized it be taxpayer money for Surrey Fields because it would be an extension of that district and it would include the Town, so the Town is the one, this building that we are in the Highway Department they would be part of it that is what is going to benefit. Ms Sonnabend-I understand that the Town has a temporary fix on its own septic system, so they need this sewer extension for themselves and the best place for the town appears to be from Hiland. I want to make sure everybody is focused on the fact that we have two options here and we should not be rushing just because one particular developer. Supervisor Stec-Anyone else this evening? Mr. Tucker Mr. Pliney Tucker-41 Division Road West Glens Falls, Queensbury How long has the Surrey Fields Development been there? Supervisor Stec-Seven years. 599 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Mr. Tucker-Anybody know the reason that the septic system isn’t working? Councilman Brewer-I cannot honestly tell you. Mr. Tucker-What is the responsibility of the developer to straighten that out? Councilman Boor-Quite a bit and he has stepped up to the plate and he is putting Mr. Tucker-What is quite a bit? Councilman Boor-Hundreds of thousands of dollars a lot of money. Mr. Tucker-Is it enough? Councilman Boor-That is up to them, that is not a town issue, Pliney, that was the point I was trying to make when I referred to the extension of the Hiland District coming here, the Town would accept that because we would be improving. Its Surrey Fields and John Michaels responsibility to get whatever they are going to do to this location or to the Bay Road/Haviland location that is not the Towns responsibility. We will not be putting dime one into their getting the sewer to here or over there. Mr. Tucker-But we are going to put dime one to get it to here. Councilman Boor-It depends. Supervisor Stec-It depends on which route we go, that is the discussion we have a route that has been proposed by a private developer to bring it up Bay Road which I will add is consistent with what our wastewater superintendent has been saying for months and a report we have but there is another option to run over Town property. Councilman Brewer-Dan, that is where I have a problem with that is where is the burning need for the Town to do this extension? We got letters from the Building and Grounds saying that we do not have a severe problem right at this moment. Supervisor Stec-We have been working on this for awhile to try to solve their problem and work with them. Everything that I have heard from both Roger and Tim to my knowledge is accurate in the last ten minutes on the subject, everything that both of them said is true. Mr. Tucker-I am a builder, I do not build subdivisions, I am responsible for the operation of the whole thing for seven years. Councilman Sanford-I for one think your question is a good one Pliney, I think your question is a good question I think it talks in terms of the planning process that takes place in other words this project was a rather large project went thorough all the planning processes and how come seven years later you have failed septic system is a good question. Mr. Tucker-I think the money question is a good question too. Supervisor Stec-Anyone else this evening? Yes, Sir. Mr. Jerry Argay-Surrey Fields It is very disappointing to have moved into this area and to endure this wastewater problem at Surrey Fields. This problem has been with Surrey Fields right from the beginning and I worked along with Frank Kelly and before Frank Kelly when I was President of that association to try to rectify this problem so I know the details and what went into this project. In a meeting of February 5, 2004 with Dan Stec and Chris Round it was stated that the Town had no responsibility for our problem it was up to the builder John Michaels to correct the situation. Also at the meeting it was stated that the Town is short of inspectors and probably only cursory inspections were done. After reviewing all the paper work applications for permits etcetera which I have done personally with other Board Members I can see why there are problems. Not only technically but legally. The Surrey Field community has spent a lot of time and money in order to get 600 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 resolution of this. Even though the builder is picking up some of the costs there are still an overwhelming financial burden on each home owner. A lot of money. I have had homeowners come to me personally and I am not on the board any more saying I have to take out a loan to come up with X amount of dollars for this situation. As a homeowner in Surrey Fields I am very dissatisfied and feel the Town has a legal and moral obligation in coming forth and assisting financially with this project. I also feel that if a Board Member had stated that it is Surrey Fields problem let them deal with it is certainly very unprofessional and insensitive of an elected public officials. Thank you. Supervisor Stec-Is there anyone else that would like to comment this evening, anybody? Yes, Sir. Mr. Stewart Brown-Resident of Glens Falls Also a DEC Forester but I am not here representing DEC tonight. Re: Access site at Glen Lake the fact that it has been barricaded all winter long. I have been in contact with a number of DEC people throughout the north country, Northern New York we know of no access site like this that is barricaded against people ice fishing, skiing, cross country skiing or ice skating, I just wanted to ask the Town why they perceive there is a liability problem here. Supervisor Stec-I will try to answer this again, I do not mean to speak for the Recreation Commission or the Recreation Director however I will in my six years of experience on the Town Board the difference that people are seeing at Glen Lake now, Glen Lake has always been a seasonal access. It has always been closed in the winter, the reason why people are perceiving a difference now is because a year or so ago we made an improvement to the site that included a dry hydrant. That dry hydrant needs to be accessed by the Bay Ridge Volunteer Fire Company in the case of emergency. So, we do plow that now because there is a dry hydrant there. So, the plowing of that driveway area gives the perception that somehow it might be open for winter but has always been seasonal use only and it is largely as you stated a liability concern that the Town has had for many years before I have been on the Town Board. It is not a new change, it isn’t that somehow for the last several years we were allowing access and now all of a sudden we aren’t. It just used to be that it wouldn’t get plowed as a matter of fact as the Town Highway truck would plow by it would plow up the entrance so it was not accessible. But, because there is a dry hydrant there now the Town has a legal obligation to keep it open so that the Fire Company can access it in an emergency. That is why they put the wooden saw horses up across there. If somebody wants the Town to consider not making that seasonal access and I have checked and it has been a seasonal access, Pliney throw a stone if I am wrong, but going back a good twenty years those issues need to be directed first to the Recreation Commission as is their preview, their policy. Councilman Boor-Just to add one more thing in different years, I am not sure about this year because I have not really checked there have been adjoining properties that use ice eaters and that increases the risk obviously. I think that is problematic as far as allowing public access when you know that there is a potential for thin ice when the rest of the lake might look really good. Mr. Brown-Definitely last year there was a problem but this year the bubbler seems to have been turned in a different direction maybe outward. It has been safe ice for a couple of months now. Thank you. Supervisor Stec-Anybody else this evening? Yes, Mrs. Salvador Mrs. Kathleen Salvador-Re: Res. 6.10 I have listened you gentlemen and other persons this evening discussing possible solutions to several wastewater problems in the vicinity of the Town Hall. I am thoroughly confused. It appears that this map, plan and report is being prepared address onsite septic system failures. Before jumping into this mess, has it been determined whether or not the present design was flawed. Are the actual flows more than expected? Was the property pre-design pre-construction soils investigation undertaken? Has the assumed level of BOD been maintained? Are the systems being maintained and operated as required by the Code and permit conditions. That is, the number of bedrooms per dwelling, has that been altered, excessive use of household chemical and greases, quick fix chemicals such as draino, drain stay etc. are not allowed to be used. Are those 601 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 demonstrated failures symptomatic or might occur in other units at any time. Have the owners of the failured system been sited by Mr. Hatin for the operation of an unsafe structure as others in this town have? If not, why not? Have the owners of the failed system been forced to stop polluting the environment by converting their septic tank to a holding tank per Town Code as others in this Town have been forced to do by Mr. Hatin. The holding tank has been proven to be a lot more costly to operate but it is not the end of the world. Have feasible alternatives been considered or is that the subject of the map, plan and report? If the concept of municipal water in the front door and wastewater out the back door contributing to these failures as in other areas of Town. All in all a difficult problem well defined, is half solved. This problem is not even close to being defined. Thank you. Supervisor Stec-Anybody else this evening? Mr. Sipp? Mr. Donald Sipp-Courthouse Drive Re: Fire Training Presentation would like to have had a comment period after the presentation. There has been a lot of rumors and probably a lot of mis-information about this project and maybe we can straighten out some of these by determining the precise location of this tower. Have other locations been looked at? A location in a less urban or residential area? The PORC has identified parts of Bay Road and Ridge Road as areas to preserve the vistas on. Will this tower conflict with these vitas looking to the East to Vermont and to the West to West Mountain and North to French Mountain. What is the type of construction that will be going into this type of tower? What is the height? Will a variance be needed in order to erect this tower? What are the visual impacts of this type of structure, will there be smoke, will there be fire seen? When will this take place? I am sure that our Town Supervisor and the Supervisor’s at large will take these concerns to the County Board and vote appropriately when the time comes. Thank you. Supervisor Stec-Thank you, Mr. Sipp. Is there anyone else that would like to address the Board this evening? Mr. Salvador? Mr. John Salvador-Re: Public Authority Noted there are about six hundred authorities in the State, they think, because Public Authorities have been known to create Public Authorities and they have uncontrolled powers to issue debt. That is what we have to fear most. Re: Res. 6.8 Has this activity been budgeted? Councilman Boor-We have not gone out to bid, we have not pick out an engineer. Mr. Salvador-I would recommend with regard to Surrey Fields issue that this resolution supporting the map, plan and report be pulled, tabled it is ill conceived. One of the sewer districts here is extension no. 10, how many patches can you put on a tire and still call it a tire? I would recommend that we adhere to the State law regarding the composition of a Comprehensive Plan which we are doing at the present time. Noted that Section 272A defines the content, sub-paragraph g the comprehensive plan shall include the existing and proposed general location of public and private utilities and infrastructure. That should have been included in our previous Comprehensive Plan. In the mean time these people can go on a holding tank it beats polluting. The Comprehensive Plan should reflect all or part of a plan of another public agency like the Glens Falls Sewage Treatment Plant. All the public and private wastewater facilities put in since 1995 have been done without any planning they have been done at political whim. It is time to step back and define the problem. If you have any questions in regard to 6.11 I would be glad to answer them. Supervisor Stec-Anybody else this evening. Mr. George Drellos-I am George Drellos, 27 Fox Hollow Lane Thanked John for having holding tanks that would sure help my business quite a bit, if I could pump out the forty or fifty or sixty tanks every other day that sure would be nice. Thanks John, lets go for that. Re: Planning Board and the Great Escape I do not know what the deal was with the Planning Board it is being built, I do not know what the haste was about taking away their CO or their temporary CO. Does the Planning Board have the authority of them to do that or do they have to go to a higher up or to Dave Hatin or to Craig Brown? Supervisor Stec-The short answer is that what they were talking about is part of the discussion and part of the condition in their initial site plan review. So, that ground work 602 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 was laid, as far as are they in the right ball park to be asking these kinds of questions and having that kind of discussion it was part of the site plan. Mr. Drellos-Do they actually enforce it or who enforces it? Councilman Boor-This is the temporary occupancy permit ok, I think the long and the short of it, yes, it is their responsibility and I think probably the Great Escape is going to be in good shape. It was a half a year ago that we had the Ethan Allen sink and you know when you have a tragedy like that people come out of the woodwork you got the lawyers the lawsuits and I think the Planning Board is essentially making sure that the twelve items on this are taken care of, I am not sure that they are supposed to be allowing people to stay in there now I do not have an answer to that, I am not going to speculate. The question, the thing is we have a responsibility to make sure that we provide safe buildings when we are the authority that inspects them. When we have site plan review it is part of the process. So, I think it was essentially a courtesy and the problem I have is the courtesy that was extended and the heads up that was given to the Great Escape saying hey look we just want you guys to know here is what you agreed to we just want to let you know that the clock is ticking. We hope that you can get everything done on time instead it’s a condemnation. It was really a courtesy is what they offered. Mr. Drellos-I am not disputing those twelve, what I am saying is do they physically have the authority to shut them down or do they have to come to you first, that is what I want to know. Supervisor Stec-In this instance that site plan is linked to, not the temporary CO but the permanent CO that is linked to the completion of the pedestrian bridge. That pedestrian bridge is not one of the twelve items on that punch list, that is a routine punch list, but Roger’s point is still valid that the regular CO in the site plan review was linked by agreement of all the parties to the timely completion of the pedestrian bridge. I think what the Town Planning Board was trying to communicate to the Great Escape was they want to make sure that they are going to have this bridge in place before Memorial Day Weekend when the park is open. Mr. Drellos-Who would enforce it though? Dave Hatin? Councilman Sanford-The Planning Board makes the decision whether or not they operated and made good faith effort to complete the bridge. Perhaps a little history might be appropriate. I was on the Planning Board when this project was reviewed and some of us on the Board wanted to keep it nice and clean and simple. What we said was, because of the safety issues involved we wanted to condition the certificate of occupancy upon the completion of a pedestrian bridge. The agents, the attorneys for the Great Escape argued very strongly against that, arguing that the bridge will be built take our word for it and it was their language which stated that they have to use best efforts to get this bridge completed. All the Planning Board is doing at this particular point in time is following through as they are required to do to ascertain where or not they have used good faith efforts to get the bridge completed. This was a compromise, if you will, that the Planning Board made at the request of the attorneys and the agents for the Great Escape. If some of the members of the Planning Board had their way we would not be in this quagmire and it would have been very binary, it would have been either the bridge is built or it is not built. But, now it is into this grey area of whether or not they made a good faith effort. That is really the history of it. Mr. Drellos-Where does it go if they do not follow the rules? Supervisor Stec-If the Planning Board is not satisfied they have the authority to tell Dave Hatin not to issue the CO, in this instance because it is part of the site plan approval. I think we are all hopeful that it will not come to that. Mr. Drellos-I wanted to know who physically has the authority to dish out the paper. Supervisor Stec-I have been told point blank because I ask these question too, because I do not want to get beat up by somebody saying hey where is that pedestrian bridge. The steel I was told is suppose to get here mid April to install it the design of the bridge is such that 603 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 there is concrete that gets poured and a two week curing time on the concrete so they say it will be finished in May and they are hopeful and so are we and hopefully it will be done before they open the park on Memorial Day. Mr. Drellos-The way Roger was saying see the bridge has nothing to do with it and the way the paper says it, it was pretty much everything to do with it. Supervisor Stec-The letter was about the bridge. Thank you. Is there anyone else this evening? Ok. 5.0TOWN BOARD DISCUSSIONS 5.1Proposed Fire Training Center Presentation by Warren County Fire Coordinator’s Office Presentation made by Brian LaFlure Deputy Warren County Fire Coordinator Present County Fire Committee Chaired by Warren County Supervisor Bill VanNess Present Warren County Budget Officer Nick Caimano Deputy Brian LaFlure-34 Year Veteran of the Fire Service This is the presentation given to the Board of Trustees of ACC, we have been working with them since 2002 this was to get conceptual approval for a piece of land on their campus so we could move ahead, to write a proposal to hire an engineer to design this facility. Noted this has not been designed. Our only goal is to be fiscally responsible we need to make sure we had a proposed piece of property that we felt was the best piece that we could go and expend taxpayer dollars to hire and engineer to design the project for us, bring it back to the college, then we will have a comment period, then we will be able to say this is a good idea this is a bad idea, what about this, what about that. The faculty association the Board of Trustees, their maintenance staff, their architect have been involved in this process. Don’t expect to see a picture of what we want to build we are not at that point yet. We are at a point to expend some dollars that both Boards of Supervisors for Warren and Washington County have already allocated. We want to get a design that is where we are at. Power Point Presentation highlights Listed Members of the Committee ? Chip Mellon-Co-Chair Butch Chase-Co-Chair from Washington County Marv Lemery – our Coordinator Al Macauley- Washington County Bill Thomas-Chairman of the Board Bill VanNess-Warren Co. Fire Committee Chair JoAnn Trinkle– Chairwoman of the Washington Co. Bd. Of Supv. Brian LaFlure-Deputy Warren Co. Fire Coordinator ? Inter-municipal Agreement has been signed between the Counties Saying we will work together on the proposal ? History 1970’s first discussed to build training center in the Co. of Warren on the old County Home Property (location of the Warren County Fair-Schroon River Road) Cost for infrastructure, water etc. also in APA and along Schroon River bad spot 604 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Ten years ago started again – then fell apart again Five years ago need became critical, used to use acquire structures for burns for training, fire fighters safety, environmental concerns, building with asbestos, we were making things worse Live training needs to be in a controlled scenario State will not allow use or acquired structure anymore for training ? Where do we go from here? Formed a search committee to determine what we need Out lined search criteria for location of training center Who will participate, Fire, EMS, Law enforcement, homeland Security, Civil Defense How to fund it Inter County facility- neither County felt that they had the ability to fund this on their own – Inter-municipal cooperation helps for grants that are being sought ? Criteria of location Proximity to the City of Glens Falls, (paid fire men) they have to meet training requirements, it has to be within the radius of the City of Glens Falls that would allow them to respond or have a short distance to travel, need to be able to respond to calls in the city. Proximity to the largest number of trainees The availability of necessary infrastructure - need water, natural gas, access to sewer system Willingness of the trainees to travel Environmental Concerns Preexisting structures and facilities – to keep costs down Presently owned public properties – goal to have a place where the County already owns the property ? Locations looked at Original property in Warrensburg Land behind the Glens Falls Sewage Treatment Plant- Did not work out too close to the Hudson River Property behind the South Queensbury Fire House- existing infrastructure would have had to do a lot of building and it would have been in the flight path of the airport ACC Campus ? ACC Campus -Why 605 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Centralized location to both Counties Acceptable distance from Glens Falls Existing property with access roads, infrastructure Parking, class rooms, utilities and maintenance staff Need of local fire science program Desire to move toward a vocational curriculum Advantages to added enrollment Existing administration and funding mechanism already paid for by both budgets. They have administration, they have registrars, they have people to answer phones and people to schedule classes these already exists and we would not have to hire people to do this. ? ACC OFFICIALS Met with Dr. Harmon and Lew Buck the Vice President or facilities Mr. Bob Joy the College Architect he was in the process of creating a five year Master Plan…until this facility is listed on the Master Plan nothing can be done - he met with the Board of Trustees, the Administrators, the Faculty Assembly they voiced concerns such as what is it going to look like, where is the smoke going to go, where are you going to put it, is there going to sirens, are they going to blow the air horn, are they going drive through the campus with their lights on, we went thorough all of that, that was all taken into consideration and it wasn’t until all those questions were answered and those things were hammered out that they then put it into their Master Plan Master Plan submitted to State Ed. Dr. Bishop-President – Reviewed project Master Plan was approved by the State and the Trustees ? Needs Assessment Who were the guys that said we needed a training center- State Fire Instructors A wish list of items for a training center ? Location on Campus Master Plan listed possible site for training center Along Haviland Road along the corner where the access road is. Noted project will have buffers around it and laid out in a complex (showed pictures of training facilities inside and outside) 606 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Height of building – five story simulator noted Scoville and Dearlove are only twelve feet shorter than that Noted decision as to the height of the building has not been made as Of yet. Clean burn facility ? Other uses of the facility Criminal Justice Program Emergency Driving Course Emergency Medical Vocational and Local Companies ? Where are we now Each County has appropriated $70,000 each totaling $140,000 We have spent $4,000 to apply for an inter-municipal grant those applications are being reviewed, goal is for $ 400,000 ? Up Front Construction Costs To be provided by the Counties through appropriations, grants and private sources By listing this as facility as both EMS and Fire and Homeland Security it allows us to access other grant streams Also seeking grants and foundations and private sources such as industry No capital or construction costs to be provided by ACC Trying to obtain additional funding from Senator Little, Assemblywoman Sayward, and Congressman Sweeney Looking for in kind services from the DPW’s ? Continuing Costs Cost of running facility Staff, maintenance, utilities, training materials replacement prop materials and outside faculty Outside faculty would be paid for by whoever was taking the class Maintenance and utilities – existing infrastructure Maintenance staff Snow plowing Scheduling Cleaning staff Staffed when training center is in use New line item in the College Budget funded by the two Counties 607 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 ? Liabilities Emergency Services Personnel have their own liability and they would provide proof before they could use the facility. Student of the College would be covered by them We will come back when more information is available on the proposal. Supervisor Stec-Recognized two gentlemen from Washington County, Fire Coordinators Office Ray Rathbun and Butch Chase, thank you for coming. Noted there will be another presentation in the near future at the County and will put that information out to the public. Questions from Town Board Members Councilman Boor-Asked for a paper copy of the presentation. Supervisor Stec-Asked that it be given to the Supervisor’s office and it will be distributed to the Town Board and the Town Clerk. Warren Co. Supervisor Bill VanNess-Chairman of the Fire Prevention Committee – Noted that we have a lot of questions asked that we cannot at this time answer. We are in the infancy stages of this project. I do not think that the Committee will have a problem in putting something together to answer some of the questions that the Town residents have. Deputy LaFlure-Noted he gave a copy of the power point to the College Supervisor Stec-Darleen can we make that a part of the minutes? Town Clerk Dougher-Yes. Deputy LaFlure-The information that I gave you is purely speculation. Councilman Sanford-It doesn’t sound like the location is speculation. What concerned me with your presentation you stated that you talked to everyone and you gave a list and you went through it very quickly there had to be fifteen to twenty organizations or entities that you spoke with but you did not speak with the public. I can’t help to think that you got ahead of yourself here you made decisions and now you are telling us you are at the infant stage and you will be very involved with the public but in all due respect to the public I think it would have been nice for them to have been consulted before you made some of these very key critical decisions. I saw this presentation and I was told I think it came about in large part because of some of the concerns raised by Waverly. It wasn’t originally scheduled to be done until there was a little bit of a community concern. I still have concerns. Admittedly it is not your grandfathers or your father’s fire training center but still it is problematic I think in terms of the vision that at least I have for the center of Town of the Town of Queensbury. I am looking forward to receiving the feed back. I have been getting a lot of e-mails, I am the Ward II Councilperson from people in Waverly and elsewhere and I will be interested to see what they have to say following this presentation. I am wondering what was the thinking process to get, I believe you have a commitment in your own mind to do it at this location, I am wondering why you did it ahead of time before disclosing it, before talking to the people and having said that I hope you consider that perhaps the ACC could be involved for all good reasons that you stated but maybe at a different location. The College could still be involved in the administration. Deputy LaFlure-I am not quite sure what you didn’t see in the presentation. I specifically listed quite frankly the existing infrastructure, parking, classrooms, bathrooms, labs, the stuff that we need that we do not want to build and buy again. The whole goal of this scenario number one was to be fiscally responsible. I could build you a ten million dollar 608 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 facility over in the industrial park if you would like but somebody is going to pay the ten million dollars. We were trying to be fiscally responsible, so if I have a hundred acres in the middle of no where, where no one would ever see it and we could blow the horns and make smoke and do whatever we want and still have a hydrant water system, natural gas, sewer and the stuff we need that would be great. But that site does not exist. Councilman Sanford-I think you just said it blow horns, let off smoke and all those types of things is what the people are concerned about this. Deputy LaFlure-I just told you during this presentation that is not what we are going to do. Warren County Supervisor VanNess-I think Mr. Sanford, I think what you are saying here you have got a County Board of Supervisors of twenty men and believe me out of the twenty I think I can stand here and speak for the majority of them they are one hundred percent in favor of this fire training center. Most of them having a fire training background of some sort most of them wanting to make sure that these guys and these women in the back of the room go home to their family after they fight a fire or after they cut someone out of a car with the jaws of life. I think the important thing is that we understand that as Brian said it would cost us ten million dollars to put this type of training center, and I think we all have our town residents in mind. I can tell you fifty years old I was born and raised in West Glens Falls and very proud of it, and I can tell you another thing I care about what this community is and where it is going and so do the majority of those County Supervisors up there. So, I think you have to give us a little credit and understand that we are taking an approach at this system and at this building with the citizens in mind. Deputy LaFlure-One thing I have a real problem with, one thing you said Mr. Sanford and don’t take me the wrong way, but, correct me if I am wrong Mr. Wood, but I talked to you about this the day after it was in the paper right? I suggested that I meet with the Waverly Association and do this presentation. I was just asking for conformation. I offered any fire station in the town I even threw you in Dan and offered this room, I will put this presentation on for who ever wants to see it. I offered to the Waverly place people the day after we did it for the Board of Trustees when it was in the paper. Councilman Sanford-My questions are not meant to beg an argument, what I am trying to do here is merely state that it would perhaps have been preferable if prior to making your decision and it sounds as if you have made a decision that you would have involved the public for comment before the twenty men made their decision at the County. I believe in public input on things like this and so do the people who have been sending me e-mails and they did not have that benefit. Now, direct question, have you made the decision to locate it on the ACC campus. Deputy LaFlure-Yes. Councilman Sanford-Ok. That is my point. Councilman Brewer-How long has Waverly Place been there? Unknown-Four years. Councilman Brewer-Four, this process started ten years ago. So, Waverly Place wasn’t even there yet when they started this process. Warren County Supervisor Nick Caimano-Warren County Budget Officer - I, as Mr. VanNess have had very pleasant conversations with people in my neighborhood and our neighborhood who are concerned, everybody is concerned anytime anything like this is done. Obviously, the Councilman is concern, I think if we have learned nothing more, transparency, transparency, transparency. Lets just keep the communications open. We realize why you cannot do this and let it out, that is understandable but we have to we at the County and hopefully, because I just asked the guys in the back the fire guys, they are for it but they have seen it this time for the first time too, as I have. 609 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Deputy LaFlure-There has been absolutely no purpose, attempt of any kind to make this secrete to hid anything to keep anything from anybody. I seriously doubt there is anybody that lives at Waverly Place with the exception of Jim Canavan, who would have been interested in what we build in the training center. Would they be interested in where it is and how it looks? Absolutely. We are not at that point yet. This is the point I have tried to make from day one. If I could come to you and show you a picture of what it was going to look like the we could go there, I do not have that to give you yet. We have the cart in front of the horse here. I will be glad to come back to anyone that wants to see it when we have a conceptual plan. Supervisor Stec-I am sure that as soon as you do we will take you up on that offer and have you come back. Mr. Edward Schoemaker-63 Waverly Place The fact of the matter is if they go on with the plans and they have an idea of what it is going to look like and they have already decided exactly where it is going to go it is kind of a fait accompli. Now nobody, Waverly Place of anyplace else has any objection to the idea and matter of fact I think we all support the idea of a firemen’s training center, but the question is, I love cats and I have a litter box but I do not put it in the middle of my living room. I think this is exactly what we are getting at. Now, if the Board were to say yea, build your center but nothing over three stories high they would not want to build the center there. They have to have a large structure and repelling ropes and all this kind of stuff and I have seen a couple of these and yes, they are more than five years old. They are unattractive. Once they are used they get more and more unattractive. In terms of putting the cart before the horse that happened ten years ago. 5.2Green Mountain Development Discussion re: Bay Road Sewer For Cedars Phase 2 Project Presenters – John Geibank and Charlie Brush Owners of the Cedars Senior Living Community Mr. John Geibank -We are here to request that the Board forward as expeditiously as possible with your resolution 6.10 in terms of the sewer line. We have submitted the original map, plan and report for the sewer extension up Bay Road back in early December. At that time we had pointed out and followed with letters that we have a very narrow time window here to be able to get this sewer line an actual reality this summer. We have funding in place for phase II of our Cedars Senior Living project through the Division of Housing, New York State and other funding sources that would allow us to get that underway immediately. But, obviously we need the Town approval relative to the map, plan and report. The reason it is needed so quickly is because to finish the sewer plans we want to know it can be approved, we need to finish the sewer plans, they need to go to the Division New York State DEC for their final approval of the actual sewer construction plans. That takes time as you all know getting through the State process on that. We are looking to try to get this thing and unfortunately we have lost some time here in the last couple of months by not having this map, plan and report pushed forward. We still believe that we can get this under construction in early summer and be complete by early fall and in st operation basically no later than October 1. with that sewer line. Supervisor Stec-You are correct it is 6.10 that would authorize our Town Counsel to review what you have done. I know a question was asked earlier today and I think that whole Board certainly understands and supports what needs to be done. Councilman Sanford-When I was looking at the map, plan and report in anticipation of tonight’s meeting the report section of it is no longer applicable at this point in time. When I heard that our attorney wasn’t going to be present I took it upon myself to call him up today and ask him a few questions. Is there a way in which we can move forward with this in a way that would accommodate your time line but provides a more accurate complete report. He sent me this memo, I am going to read it quickly it is only a couple of paragraphs it is addressed to me and it reads as follows; “ Today we discussed the revised map, plan and report proposing a sewer district extension along Bay Road which includes the Cedars Properties and the property at the corner of Bay Road and Blind Rock Road. You brought up a good point that this map, plan and report was based on the prior definition of the PO 610 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Zone which has since been amended by Local law. We agree with your concern that prior to our final review, (that would be the review of our attorney), the map, plan and report should be reviewed and updated by the engineer, to determine if the current definition of the PO Zone results in any changes to the map, plan and report. If it does then the map, plan and report should be modified, if not, then the engineer should state so and explain why the revised map, plan and report is not affected by this change. You also mentioned that the Town Board may wish to have the map, plan and report discuss the possible tie in of this extension to the Surrey Fields development. As we discussed while it appears that the map, plan and report should be updated to make sure that it corresponds to the current PO zone definition the Town Board can still if it wishes to expedite consideration, authorize us to review the revised map, plan and report when it is received by the Town.” So, what I am asking you during this discussion period prior to addressing resolution 6.10 later on in this meeting is are you agreeable to update the report to reflect the current conditions and specifically I would think that would call for a major modification on the corner of Blind Rock and Bay and possibly would affect your future proposed Phase III and IV which has not been approved by the Planning Board although Phase II has, simply because Phase III and IV I have not measured it out because I do not have the drawings, but it is likely would be in the thousand foot set back. So, what I am looking for you to do is review your report, update it, clean it up give it back to the Town, our Attorneys will then review it and will then take it to the next level. But, I am not interested in having them review what I know right now is an inaccurate report. Mr. John Geibank-I have no problem with that. But, what we are looking for here is an indication from this Board as to trying to move this thing along. We are more than happy to make the call to our engineer tomorrow morning and get him working on it, it can probably get done in a very, very short period of time but what we are looking for is to get this on thrd your agenda for the 20 and for the public hearing on the 3. for this thing can move forward. Otherwise there is no sense in proceeding with this because it will not meet our time frame to be able to get the funding. Councilman Boor-We wouldn’t make you go thorough this if we … Councilman Sanford-With your commitment you will receive my support. Councilman Boor-Mine too. Supervisor Stec-We certainly appreciate you indulging us and we are trying to do the right thing here I believe. We are part of the cause of your delay and that is the cost of doing business with government. Asked for further comments? Councilman Brewer-I would just recommend that as soon as your engineer gets it done, get it back to us and we can move forward. thrd Mr. John Geibank -Noted that the March 20 and April 3 are very critical dates. 5.3OTHER TOWN BOARD DISCUSSIONS Councilman Brewer- No further comment Councilman Strough- ? Attended Mayor Akins, Vision for the Future - how to bring blighted parts of a community and make them attractive, people oriented and economically successful, emphasis of thinking out of the box, being proactive, creatively… our motto in Queensbury is Queensbury is a Good Place to Live and I think it should be we want to make Queensbury a Better Place to Live. We should be looking at the Towns growth twenty and thirty years for now, we should be proactive as well as the City. I think we are trying to with the Comprehensive land Use Plan which addresses that. The Town 611 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Code is not written clear enough, the direction is not clear enough. The problems that result is what we have today, we have to make it clear. We are in the process of rewriting, our Zoning and taking a fresh look at out Comprehensive Land Use Plan with the intent to update it. You cannot separate your vision for your community and the zoning for your community they go together. No matter how much we study community planning if we do not share that thought process with the community they are never going to be on board. ? Town Historian Marilyn VanDyke has come up with some conceptual ideals for Oneida Corners, she would like a workshop with the Town Board. ? Proclamation regarding the safety of our children during proms and Graduation Season…also have a copy for the Warren County Board of Supervisors Councilman Sanford-I would encourage anyone that saw the presentation tonight or have concerns to feel free to send me an e-mail and carbon the rest of the Town Board so that they are also aware of your concerns if you have any. Councilman Boor-I would like to encourage a couple of workshops, we have a lot coming up. Supervisor Stec-Noted he did not have a problem with setting another date, asked the Town Board e-mail dates that they have free and a workshop can be set up and also a list of items they would like to have covered. Towns web site www.queensbury.net variety of information is available on this site. Thanked TV8 and Glens Falls National Bank for televising our meetings. Thanked Supervisors Caimano and VanNess for coming this evening, Brian LaFlure and Marv Lemery… Noted that the Warren County Grand Jury Report on So. Qsby. Fire Co. is available in the Town Clerk’s Office … Noted a public statement was made that Authorities are not subject to foil, I have spoken to the Warren County Attorney as has Warren Co. Supv. Nick Caimano and I have a note from the Co. Attorney which states, “Public Authorities are covered by FOIL and the Open Meetings law plus now they have to do this” there is a paragraph circled “Authorities to the extent practical each local authority shall make accessible to the public via its official internet website documentation pertain to its mission, current activities most recent annual financial reports, current years budget and its most recent independent audit report, unless information is covered by subdivision 2 of section 87 of the public officers law.” 6.0RESOLUTIONS RESOLUTION SETTING HEARING ON CUMBERLAND FARMS, INC.’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING THE CUMBERLAND FARMS CONVENIENCE STORE PROPERTY LOCATED ON KENDRICK ROAD/STATE ROUTE 9 RESOLUTION NO.: 141, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION 612 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 SECONDED BY: Mr. Roger Boor 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 (1) year from the date of notice, and WHEREAS, Cumberland Farms, Inc., (Applicant) has applied to the Town Board § for a variance/waiver from Town Code 136-44 for a two year extension of the Town’s connection requirements to connect the Cumberland Farms Convenience Store property to the Town of Queensbury’s Route 9 Sewer District, as the Applicant states that it will likely remodel the building in the next one to two years and therefore would prefer to spend money once and the property’s current septic system is functioning, as more fully set forth in the Applicant’s application presented at this meeting, NOW, THEREFORE, BE IT th RESOLVED, that the Queensbury Town Board will hold a hearing on March 20, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Cumberland Farms, Inc.’s sewer connection variance/waiver application concerning the Cumberland Farms Convenience Store property located at Kendrick Road and State Route 9, Queensbury (Tax Map No.: 296.13-1-69), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 6 day of March, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION SETTING HEARING ON JOSEPH PATERSON’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM 613 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1 QUEENS WAY RESOLUTION NO.: 142, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 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 (1) year from the date of notice, and WHEREAS, Joseph Paterson has applied to the Town Board for a variance/waiver § from Town Code 136-44 for a one year extension of the Town’s connection requirements to connect his 1 Queens Way property to the Town of Queensbury’s Route 9 Sewer District due to the cost of connection and the property’s current septic tank with leech field is functioning, as more fully set forth in the Applicant’s application presented at this meeting, NOW, THEREFORE, BE IT th RESOLVED, that the Queensbury Town Board will hold a hearing on March 20, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Joseph Paterson’s sewer connection variance/waiver application concerning his property located at 1 Queens Way, Queensbury (Tax Map No.: 296.69-1-5), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 6 day of March, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None 614 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Discussion held before vote: Board agreed from now on only a one year extension will be considered. RESOLUTION AUTHORIZING PURCHASE OF DIGITAL COPIERS RESOLUTION NO.: 143, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town’s Director of Information Technology has requested Town Board approval to purchase two (2) Canon iR3570 Digital Copiers for use by the Town’s Recreation and Community Development Departments, and WHEREAS, New York State Bidding is not required as the purchase price for the copiers is in accordance with New York State Contract No.: PC59459 pricing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town’s Director of Information Technology’s purchase of two(2) Canon iR3570 Digital Copiers software from IKON in accordance with New York State Contract No.: PC59459 pricing for a total amount not to exceed $18,797 to be paid for from Account No.: 01-1680-2031, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Information Technology, Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of March, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Brewer NOES : Mr. Sanford, Mr. Strough ABSENT: None 615 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Discussion held before vote: Councilman Sanford-Looking to purchase two copiers, one for Community Development and one for Recreation Department, total cost $18,797. I would like to suggest at this particular point in time approve the purchase of one copier and that the two departments share the copier and get back to us in ninety days and let us know if it is working out. I have concerns especially following the discussion that we had with the fire companies when there was a big brouhaha made regarding the color copier. My question is why the double standard. The town wants digital colored copiers they get them the fire department wants them and they get ridiculed in the paper. My feeling is there is probably a need but they ought to be able to share they are both located in the same building and I would like to give that a try and then if for some reason this does not work out come revisit the board and we will deal with possibly the purchase of the second machine at that time. Supervisor Stec-Number one both of these copiers were, neither one is color, they are printer copiers so it is a different kind of animal that the fire company was questioned. Certainly our mission is very different than the fire company, both of these were in the adopted 2006 budget. Councilman Sanford-I think it is a large expense though and again in a weird way I can almost have an appreciation of the amount of paper work that the community development generates. In the Rec. Dept. there is probably considerable as well but probably not as much. Supervisor Stec-That might be a misnomer. Director of IT Bob Keenan-The Rec. Dept. volume is probably at least 80% of what the Community Development office does. Their volume is very high because they are producing brochures and flyers that they send to all the schools that get distributed in class rooms. Budget Officer Switzer-Noted that one day last week an employee of Recreation Dept. spent an hour and a half in the Accounting Office just copying and that was for one flyer for one program. Councilman Boor-In regard to speed on a digital copier how much faster? Director Keenan-These are thirty five pages per minute. Executive Director Ryba-The existing copier, printer from our computers and is also used as a fax, one question we had difficulty with is how we can get all of the structure thorough IT and I am sure Mr. Keenan has more on that but the second thing is the current copier we have has about a million and a half copies that have been made on it and the people have said it has gone where no copier has gone before, and the concern is what happens if that breaks down. When we are making copies of minutes it can go on for quite some time and it does not allow us to do other things. Councilman Boor-The one that we have now does how many per minute? Director Keenan-The one in Marilyn’s Office is thirty two pages per minute. The new one is an upgraded version. The current copier in the Community Development Office would get moved to the Planning Area so they could still be using that copier/printer in that area. Executive Director Ryba-We often get jammed up with people from Building and Codes looking for information, they need a copy of something while they are waiting and if we are printing off minutes and then also trying to get other notes out it, we have people lined up waiting to use it. We have been known to go to other areas when we can but if there is a line someplace else, it gets…Councilman Brewer-What is the life expectancy Bob? Director Keenan-Typically five years, that is where their copier is at now. Councilman Strough-My thinking too is for years we had eighty five teachers, five classes using one machine and the volume is tremendous, was it used by some of the other teachers, all the time, you had to come back later or come back after school. You go down and check it and sometimes you had to wait in line. The new machines that we have do about ninety copies, so it would be cost effective to put an extra two or three thousand into a copier to get a faster one and have all the departments use it? Director Keenan-It is not going to be two or three thousand you are going to see a tremendous increase in the cost by getting a much larger volume copier. We tend to distribute the volume because what tends to happen, people do not like walk to go get their print offs and what some of the departments were doing is buying the smaller printers sitting at each desk with the larger volume printers you are not spending the money on toners and supplies for these smaller printers that are more expense per page wise then some of the higher volume ones. Councilman Strough-You have probably done the research Bob, I go down to Stapes and I see these copiers they will rattle off forty or fifty copies a minutes they are like four hundred bucks. Now, maybe they do not have the durability? They are coming down in price all the time. It just seems like a lot of money to me, and I am just kind of going out with what Mr. Sanford was suggesting. Supervisor Stec-I see from Mr. Keenan’s memo that you sent to the Town Board on th February 27 that the existing Cannon was purchased in 2001 for $11,000. somehow we have come down a couple thousand each. A million images on one copier I am guessing Cannon might want that one for the museum. As far as double standards go, the town has 616 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 cut its operations over the last couple of years we have not had double increases in our operations. I trust my Department Heads I grilled this one personally when I went though the budget last year and they convinced me and I am still convinced. I am going to back the Department Heads on their request. Councilman Sanford-I am not trying to be argumentative I think I would like to do what I suggested which is to get the one machine and see if it works out in a sharing capacity, you are still going to have the old one as a back up. Vote taken RESOLUTION AUTHORIZING TOWN OF QUEENSBURY’S CONTRIBUTION TO NEW YORK STATE “LAKE GEORGE – PLAN FOR THE FUTURE” GRANT PROGRAM FOR 2006 RESOLUTION NO.: 144, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Board believes that the environmental health and overall quality of life in the Lake George Watershed area is critical to the social and economic well- being of the Town of Queensbury and the Warren County region in general, and WHEREAS, the Town Board believes that the protection, preservation and proper management of water quality within the Lake George Watershed Basin is an essential ingredient to maintaining this revered natural resource as a key to the social and economic vitality of this region, and WHEREAS, the Town of Queensbury has been an active participant in developing the critically important water quality management plan, and WHEREAS, the adopted document entitled, “Lake George – Plan for the Future” identifies numerous recommendations and actions as being critical to pursuing the objectives of preserving, protecting and enhancing the water quality throughout the Basin, several of which will require the engagement of contract services to execute these recommendations, and WHEREAS, by Resolution No.: 207,2005, the Town Board expressed its support of the “Lake George – Plan for the Future” grant program and by Resolution No.: 314,2005, the Town Board authorized submission of the Grant Application for funding in response to New York State’s solicitation for grant applications and agreed to serve as custodian for grant funds, if awarded, and 617 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 WHEREAS, New York State recently awarded a grant in the amount of $250,000 to the Town of Bolton, on behalf of all participating municipalities in the Lake George Watershed Basin, that carries with it the requirement of a local match which will take the form of services in kind, as well as matching funds, and WHEREAS, the Town of Queensbury wishes to contribute its fair share, along with other municipalities throughout the Basin, to this critically important program so as to be able to take advantage of the aforementioned State funding, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and confirms that it will provide $7,000 to the endeavor referenced in the preambles of this Resolution, such funds to be forwarded to the Town of Bolton, administrator for the Grant program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take any such actions to provide for the forwarding of such funds, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor and/or Town Budget Officer to execute any associated documentation and take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of March, 2003, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION ACCEPTING RETIREMENT OF MARILYN HAMMOND, PRINCIPAL ACCOUNT CLERK, AND AUTHORIZING MS. HAMMOND’S APPOINTMENT AS PART-TIME EMPLOYEE RESOLUTION NO.: 145, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford 618 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 WHEREAS, Town of Queensbury Principal Account Clerk Marilyn Hammond has worked for the Town of Queensbury for 15 years and has consistently performed in such capacity in a professional and exemplary manner that has reflected positively on the Town, and WHEREAS, Ms. Hammond has submitted her resignation from the full-time, st Principal Account Clerk position effective March 31, 2006, and WHEREAS, the Town Board wishes to acknowledge Ms. Hammond’s dedicated years of service to the Town of Queensbury and accept her retirement, and WHEREAS, the Town Budget Officer has requested that upon Ms. Hammond’s retirement, he Town Board hire Ms. Hammond as a part-time employee in the Accounting Department, assuming most of her current duties, and WHEREAS, the Town Board wishes to approve Ms. Hammond’s employment in this position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts with regret the st retirement of Principal Account Clerk Marilyn Hammond effective March 31, 2006, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Marilyn Hammond as a part-time employee in the Accounting Department Clerk effective rd April 3, 2006, and BE IT FURTHER, RESOLVED, that Ms. Hammond shall work approximately 28 hours per week and shall accrue leave benefits (sick, vacation and personal days) on a pro-rated basis and will be covered under retiree status for her health insurance coverage and contribution, and BE IT FURTHER, RESOLVED, that Ms. Hammond shall be paid at the rate of $18.85 per hour, and BE IT FURTHER, 619 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of March, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : Mr. Sanford ABSENT: None Discussion held before vote: Councilman Sanford-What I am wondering why is an employee retiring and then coming back to work twenty eight hours, is this a way in which an employee can receive a retirement pension and also continue to work? Is that kind of what is happening here? Budget Officer Switzer-This is something that is happening, that is not the reason she is retiring. She is retiring for a couple of reasons, one of them is to have more time as she is reaching on in her years and the second is one of the things that happened when I came to the Board and requested purchase of new software, was that this would help out and this would help to decrease some of the work load in the accounting office. So, Marilyn had approached me earlier and her initial request was for a December retirement, knowing that we had only completed part of the implementation of the new software and had not completed the payroll had agreed to stay on through March. Councilman Sanford-How long is she going to stay on as a part time employee? Budget Officer Switzer-She has indicated that she may stay on for the next couple of years. Councilman Sanford-We are a government agency and we have a situation where an employee is retiring collecting New York State Retirement System benefit and then continuing to work nearly a full time job. My question to this Board, and they I thought perhaps be more appropriate to discuss it, because it is a personnel issue in an executive session. Is this an appropriate policy direction that we want to go in as the Town because I understand how the system works and it is a rather generous system and I am wondering if we want to see this as a repeated thing, where people put in their X number of years, take their retirement thing and then say well I am going to stay on for another few years at almost a full time capacity. In addition based on the resolution you state in the resolution what she would be paid at the part time rate but I have no basis of understanding how that compares or lines up with what her current compensation is, I would think to make an intelligent decision on this it would be th appropriate for me to know. Budget Office Switzer-I sent a memo on February 27 and in the memo I outlined what her current rate is and what my suggested part time hourly rate would be and it is less. Her current rate is $19.74 an hour, my suggested part time hourly rate would $18.85 per hour, basically because she will not be performing all the duties that she would be but there is a lot of institutional knowledge that she has and it would not be as if I would have to have someone and retain them. Councilman Sanford- Do you agree with me that it is somewhat concerning or problematic to have people retire, collect a pension and then continue to work. One could almost interpret that as gaming the system. Budget Officer Switzer-I think that is something that needs to cross your mind, but I think it is something too that you need to visit on an individual basis. This is not someone that is making fifty or sixty thousand dollars a year this is someone who has worked for the Town for fifteen years and is making somewhere in the high mid thirty thousand dollars for her job duties. Councilman Sanford-I would rather not deal with it in anything other than the general policy sense because I do not know this woman and I am certainly not singling her out for this discussion. Budget Officer Switzer-That is where the Department Head you need to rely on some of our, that we deal with these people on a daily basis and we know best how to run our departments and whether you agree with that or not. Councilman Sanford-She could stay on as an active employee not as a retired employee. I guess my point is the bigger issue is that is this the policy of the town, that retired employees can continue to work for something slightly less than full 620 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 time and receive the New York State Retirement Program, if the majority of the Board feels comfortable with that, then they do, but I do not think it has ever been discussed in that context and that is my only point. Budget Officer Switzer-I just want to bring up to you that there are currently employees of the Town who are in that situation. Supervisor Stec-I will add for the record that Jennifers memo to the Town Board was dated a week th ago, February 27 and it did have the current and the proposed hourly rate. Vote Taken. RESOLUTION AUTHORIZING AGREEMENT WITH WARREN COUNTY BOARD OF ELECTIONS IN ACCORDANCE WITH NEW YORK STATE ELECTION LAW §3-226 REGARDING CARE, CUSTODY AND CONTROL OF VOTING MACHINES AND APPLIANCES AND EQUIPMENT RELATING TO OR USED IN THE CONDUCT OF ELECTIONS RESOLUTION NO. 146, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, recently enacted New York State Election Law §3-226 provides that all voting machines and appliances and equipment relating to or used in the conduct or elections shall be in the care, custody and control of the Warren County Board of Elections, and WHEREAS, the Town of Queensbury currently possesses certain voting machines and acknowledges its obligations under the Election Law to turn over the care, custody and control of the machines to the Warren County Board of Elections, and WHEREAS, the Warren County Board of Elections has asked the Town for temporary assistance with regard to the voting machines, the securing and administration of polling places in consideration of the size of the voting machines, the knowledge of the officers and employees of the Town concerning securing polling locations and the maintenance of as much consistency and past practice as possible, and WHEREAS, the Town recognizes the importance of continuity in the arranging for polling locations and otherwise administrating such locations and also recognizes the large size of the voting machines and therefore wishes to assist the Warren County Board of Elections and enter into an agreement regarding such assistance, and WHEREAS, Warren County has presented the Town Board with a proposed Voting Machine and Polling Location Agreement, 621 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Voting Machine and Polling Location Agreement (Agreement) with the Warren County Board of Elections concerning the storage and safekeeping of voting machines and keys, the right of access of the Board of Elections to such machines and keys at any time, the provision of certain services by Town of Queensbury officers and employees in securing polling locations, the development of Election Day material needs list, the setting up of signage and temporary disability/ADA parking, the delivery of voting machines and tables, the reimbursement to the municipality for truck rental and drivers, if necessary, the transportation of machines and the performance of accessibility/ADA compliance checks, as has been done with previous elections, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting, such form acceptable to Town Counsel, and consistent with the terms and provisions of this Resolution, and BE IT FURTHER, RESOLVED, the Town Board further authorizes and directs the Town Supervisor and/or Town Clerk to execute and deliver such other documents and take such other and further action as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution shall take effect immediately upon its adoption and all prior Resolutions or parts thereof inconsistent are herewith repealed. th Duly adopted this 6 day of March, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None Discussion held before vote: Councilman Strough-It is updated in the sense that we are going to be re-imbursed for our trucks but I understood that it was the trucks and the drivers, that was how it was explained to me. I think we should add, and drivers in the resolution and the agreement. Agreed to by the Board 622 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 RESOLUTION TO AMEND 2006 BUDGET RESOLUTION NO.: 147, 2005 INTRODUCED BY: Mr. Daniel Stec 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 2006 Town Budget as follows: CEMETERY/CREMATORY: FROM: TO: $ AMOUNT: 001-1990-4400 001-4901-9002 3,500 (Contingency) (Transfer to Cemetery) th Duly adopted this 6 day of March, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING WASTEWATER DIRECTOR TO RECEIVE PROPOSALS FOR PREPARATION OF MAP, PLAN AND REPORT FOR PROPOSED HILAND PARK SEWER DISTRICT EXTENSION TO SERVE QUEENSBURY TOWN OFFICES PROPERTY AND APPROPRIATING MONIES FOR SUCH PURPOSE RESOLUTION NO.: 148, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 623 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 WHEREAS, the Queensbury Town Board wishes to engage the services of a professional engineering firm to prepare a Map, Plan and Report for the consideration of an extension to the Hiland Park Sewer District to serve the Queensbury Town Offices property located in the vicinity of Haviland and Bay Roads, Queensbury, and WHEREAS, the Town Board estimates that the costs of obtaining such Map, Plan and Report shall not exceed the amount of $ 15,000.00, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town’s Director of Wastewater to receive proposals in accordance with the Town’s Purchasing Policy forthe preparation of a Map, Plan and Report for the consideration of an extension to the Hiland Park Sewer District to serve the Queensbury Town Offices property located in the vicinity of Haviland and Bay Roads, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby appropriates the specified amount of $ 15,000.00 to pay the costs of such Map, Plan and Report, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director and/or Budget Officer to take all such actions necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of March, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : Mr. Brewer 624 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 ABSENT : None Discussion held before vote: Supervisor Stec-Requested that the amount be set at $15,000. Councilman Brewer-When will this money be spent? Councilman Boor-This is a contingency it is not going to be spent if the Bay Road Corridor, we are going to know relatively quickly, with the revised map, plan and report if that is going to happen. This is so thirty days from now if it falls apart we do not have to wait another thirty days to do this. Supervisor Stec-This does not spend any money but it starts a thirty day clock and then after thirty days if its apparent that the preferred method, Mike’s preferred method I think the towns historic preferred method, do we need to undue it by another resolution? Councilman Sanford-This is just getting bids not awarding bids. Supervisor Stec-Thirty days from now you would be authorized to spend up to fifteen thousand dollars. Director of Wastewater Mike Shaw-What I understand, they want to authorize me to go out and get quotes on a map, plan and report, if when I get that I can hand that over to the Board and if they want to act on it the Board can have another resolution acting on hiring a service to have it done. Councilman Brewer-So, are you going to spend any money? Director Shaw-I am not spending a nickel. Councilman Brewer-Why are we doing this? What is prompting the Town of Queensbury to pay for a map, plan and report for sewer that we have in this building that is right now currently working is my question. Councilman Sanford-First of all about a month or so ago, on the night when Charlie Brush was giving his first presentation I received an e-mail from Building and Grounds stating it has not been a good year and that the septic system failed. Supervisor Stec-He followed that up yet. Councilman Brewer-It is working. Councilman Boor-Tim, there is also correspondence giving a time frame on how long they think that system will last. Supervisor Stec-It is a couple more years or whatever. Councilman Brewer-The point is if we are going to fix the system for four or five years for a couple thousand dollars why are we spending eighteen thousand on a map, plan and report? Councilman Boor-We do not know what we are spending on map, plan and report, we did not authorize spending dime one. Supervisor Stec-Let me summarize, I think you are all of the opinion that bring it up Bay Road as Mike has been telling us for awhile now is the way to go. I think everyone is on board with that and I will be shocked if number 10.0 does not pass five o, but the issue is that Roger and maybe we do not share Roger’s concern, but Roger’s concern is that if the Bay Road Sewer portion doesn’t happen for whatever reason, this is the backup insurance plan that we hope will not be necessary that we hope that we will not spend a nickel on but in the mean time if we find out in the next thirty days that it is going to be necessary and we should know in thirty days then we have at least started the clock so that we can jump on this. All your points, about Mike telling us over and over and over again despite comments from some residents in the audience that don’t live in Surrey Fields but are somehow experts in map, plans and reports that Mike has been saying for a long time this is the way to go, I think we are all on board with that, but we do not control what a developer does and if it falls apart Roger is trying to say then lets make sure that we have at least started the clock going on plan B. I am comfortable with it for the sole reason that it does not obligate us to spend any money. If someone said Dan spend fifteen thousand dollars now on a what if that thirty days from now will need I probably would be voting no, but my understanding is that we are going to know within a month and then if it looks like we are all set to go Bay Road which I think we all hope then Mike will not be spending a nickel. 625 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 Councilman Sanford-It is a contingency. Councilman Strough-Chuck Rice has a memo in reference to 6.8 that we just got in the mail boxes and Chuck is suggesting, I would therefore seek permission to approach qualified engineering firms and create a plan for the installation of a force main system that would accommodate all sewage generated from this property, the Town property that will tie into the proposed force main from Surrey Fields. Vote taken. RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF MARCH 6, 2006 RESOLUTION NO.:149, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve the audit of bills nd presented as the Warrant with a run date of March 2, 2006 and a payment due date of th March 7, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a ndth run date of March 2, 2006 and payment due date of March 7, 2006 and totaling $108,270.12, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of March, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 626 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 RESOLUTION AUTHORIZING TOWN COUNSEL TO PERFORM LEGAL REVIEW OF MAP, PLAN & REPORT FOR PROPOSED CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXT. #10 – BAY ROAD RESOLUTION NO.: 150, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has received a Map, Plan and Report for a proposed Central Queensbury Quaker Road Sewer District Extension #10 – Bay Road from C. T. Male Associates, P.C., engineers licensed by the State of New York, dated September 29, 2005 and Revised December 16, 2005, Prepared for Little and O’Connor, Attorneys at Law 19 W. Notre Dame Street Glens Falls, NY 12801, and WHEREAS, the Town Board wishes to authorize Town Counsel to perform a legal review of such Map, Plan and Report, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Town Counsel to perform a legal review of the Map, Plan and Report for the proposed Central Queensbury Quaker Road Sewer District Extension #10 – Bay Road from C. T. Male Associates, P.C., engineers licensed by the State of New York, dated September 29, 2005 and Revised December 16, 2005, Prepared for Little and O’Connor, Attorneys at Law 19 W. Notre Dame Street Glens Falls, NY 12801 and Town Counsel shall report back to the Town Board and Wastewater Director concerning such legal review. th Duly adopted this 6 day of March, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None Discussion held before vote: Councilman Boor-Mike, I want to make sure that it is clear, I think Mr. Brush and John Geibank understood it but it obviously brings to the furthest section of as we pass a resolution in 2005 it requires that extensions of sewer districts go to the furtherest portion of that property, I want to make sure that is in the map, plan and report 627 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 when it is revised and that the apartments are not shown in that. Director Shaw-I believe if I am not mistaken I think the current version shows that but we will make sure that it is. RESOLUTION GRANTING APPEAL WITH LIMITATIONS AND AUTHORIZING DISCLOSURE OF SIX (6) COMPARABLE ASSESSMENTS RESOLUTION NO.: 151, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is considering an appeal by John Salvador to the correct decision by the Queensbury Town Clerk to deny his Freedom of Information Law (FOIL) request for the disclosure of six (6) comparable assessments dated rd January 3, 2006, and WHEREAS, it has been established by Town Counsel with the unambiguous concurrence of Mr. Robert Freeman, Executive Director of the New York State Committee for Open Government, that the Assessor’s “comparable sheets” are not subject to FOIL, and WHEREAS, Queensbury Town Code §130-9, explicitly prohibits release of non- FOIL able information but provides that following a written appeal made to the Town Board, the Town Board may grant such appeal, and th WHEREAS, by letter dated January 17, 2006, Mr. Salvador appealed to the Town Board the Town Records Officer’s refusal of a FOIL request, and WHEREAS, the Town Board wishes to grant the appeal and authorize the disclosure of the requested six (6) comparable assessments, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Assessor to release the six (6) comparable assessment sheets that are in the Assessor’s th records for those properties listed on Mr. Salvador’s appeal letter dated January 17, 2006 th and received by the Town Clerk on January 17, 2006, and BE IT FURTHER, 628 REGULAR TOWN BOARD MEETING 3-06-2006 MTG. 8 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Clerk to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of March, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Boor, Mr. Sanford NOES : Mr. Stec ABSENT : None Discussion held before vote: Supervisor Stec-This is the second one that Mr. Salvador that he has filed seeking the disclosure of six comparable assessments, the Town Attorney but more importantly Mr. Freeman from Open Government has stated clearly that these are not subject to F.O.I.L. and that is why when they are not subject to F.O.I.L. they need to come to the Town Board if someone wants to appeal that. This is an appeal that has been made and I know that I said when we started this fiasco last fall that I was not going to let this turn into a game, Mr. Salvador was not paying attention. I will be voting no. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 152.2006 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. th Duly adopted this 6 day of March, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 7.0ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED BROM THE FLOOR NONE 8.0EXECUTIVE SESSION NONE Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury