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2006-07-17 MTG27 REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 392 TOWN BOARD MEETING MTG#27 TH JULY 17, 2006 RES#341-353 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS BUDGET OFFICER, JENNIFER SWITZER WASTEWATER DIRECTOR, MIKE SHAW TOWN HISTORIAN, MARILYN VANDYKE PRESS TV 8, POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH HEARING PETER AND SHARON DYKSHOORN’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENTS CONCERNING PROPERTY LOCATED AT 40 CLARK STREET OPENED SUPERVISOR STECThis in not a public hearing it’s just a hearing for the - board. I’m not sure if the Dykshoorn’s are here or not, yes sir if you just want to come to the microphone. The Town Board did discuss this briefly in a workshop we wanted some additional information, which I believe Councilman Brewer was able to get. He contacted the board members that I think it answered their questions. I think we are prepared to let you disconnect from this we understand the hardship that’s involved in the nature there probably your location relative to the rest the fact that you are not in the heart of this, but you are on the peripheral of this probably making it maybe the deciding factor. Do you have anything that you want to add we are familiar with your case, but the floor is yours? MR. DYKSHOORN-That’s basically it you are aware of the situation. I’m not totally sold on the fact of I want to do with the septic system, but I need that option that way I can start getting prices and finding out what is my best route in order to solve the problem. COUNCILMAN BOOR-I’m really please to hear that because one of my concerns was I don’t have an issue with what you are trying to do. We are in the process of looking at engineers for the Town and while we are doing that, we are not allowing any high water testing to be done. You wouldn’t be able to start right away if you were to decide to go with a septic system, but that shouldn’t last very long a couple months maybe and then it would be appropriate I’m glad you didn’t say you wanted to do it tomorrow. REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 393 SUPERVISOR STEC-Any board members have any questions or any other comments on this. All right, I will close the hearing and entertain a motion. RESOLUTION APPROVING PETER AND SHARON DYKSHOORN’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 40 CLARK STREET RESOLUTION NO.: 341, 2006 INTRODUCED BY: Mr. Tim Brewer 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, Peter and Sharon Dykshoorn have applied to the Town Board for a § variance/waiver from Town Code 136-44 to disconnect their property located at 40 Clark Street from the Town of Queensbury’s Reservoir Park Sewer District as the Applicants state that the sewer line currently connecting their property to the Sewer District and located beneath the Dykshoorn’s paved driveway and Clark Street, is constructed of orangeburg pipe which is breaking down due to tree roots, resulting in sewage backing up into the property’s basement, and in order to replace the sewer line, the Dykshoorn’s paved driveway and Clark Street must be torn up and replaced since the current and only possible connection lies diagonally across Clark Street and the 153’ connection length provides little opportunity for improving the pitch and therefore the sewage back-up may not be solved with PVC pipe replacement, as more fully set forth in the Applicant’s application, and WHEREAS, Mr. and Mrs. Dykshoorn propose to obtain all necessary permits and construct a private septic system on their property in accordance with all Town of Queensbury and/or Board of Health Codes, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on July th 17, 2006, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 394 RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves Peter and Sharon Dykshoorn’s § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and grants an exemption to Mr. and Mrs. Dykshoorn from the requirement that they remain connected to the Town of Queensbury’s Reservoir Park Sewer District and approves of the disconnection of their 40 Clark Street property (Tax Map No.: 302.17-2-80) from the Sewer District provided that Mr. and Mrs. Dykshoorn obtain all necessary permits and construct a private septic system on their property in accordance with all Town of Queensbury and/or Board of Health Codes and Mr. and Mrs. Dkyshoorn agreeing to pay the full usual sewer rents for the property, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of July, 2006 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None CORRESPONDENCE DEPUTY CLERK O’BRIEN-Supervisor Report for Community Development-Building and Codes for the month of June on file Town Clerk’s Office. RESOLUTIONS FROM THE FLOOR NONE REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 395 PRIVILEGE OF THE FLOOR EVERETT VOORHIS-9L, North Queensbury-Spoke to the board regarding construction of his new home asked the requirements for a deep hole test. SUPERVISOR STEC-The Town Board met at a recent workshop to address this issue. We had previously this year rescinded the resolutions that allowed an out of season testing. I think the season runs in the springtime and it ends June 30. I know there are a handful of these Dave Hatin asked me what to do and I said, I don’t know let me try to find out. I suggested and I’m finding out the board desires what we are going to require is the Town Board to review and approve before any of these are done. COUNCILMAN BOOR-Explained the reason for this noting one of the issues over a course of so many years certain engineers names were added to a list that would allow them to do out of season high water determinations. What ultimately occurred was that the very individuals who were making these out of season determinations were the ones representing the applicants. So, there is an inherent conflict there in that the Town wants to make sure that indeed, when we say you can build on this property and this is a great site for a septic system we need to feel confident that is the case. When the engineer is representing the applicant and he’s the one that has the exemption from doing these types of testing when they should be done as the state recommends they be done between March and June we saw that as an issue. In fact, it is not important to give any names out I can tell you first hand that we have had some septic failures around town. It is not unusual these days so we need to do a better job for individuals such as yourself so that when we give you an approval you can feel confident that if we say this is where the septic system can go you will get many years of use out of it. MR. VOORHIS-Noted his predicament is he has a house there now is living there now. My system was put in, in ninety with a thousand gallon tank and all I’m doing is putting a new house just behind mine when it’s done I’m taking my other house down. Asked why he needs a test done when his system is working fine. COUNCILMAN BOOR-Asked if it is the same number of bedrooms. If it is a bigger house, it may need a different system that would be one of the things that we would review. MR. VOORHIS-Was told a thousand gallons was adequate enough, but have to have a deep hole test done noted his concern that if he has to go through this his mortgage company will be after him. COUNCILMAN BREWER-Asked if Mr. Voorhis if he was going to hook to the existing system with the new house? MR. VOORHIS-Yes. COUNCILMAN SANFORD-Asked who told him he needed to have the test pit? MR. VOORHIS-The building department. REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 396 COUNCILMAN BOOR-Who in the building department? COUNCILMAN BREWER-If you are going to hook up to the existing system its working it was installed in ninety why would he have to…. COUNCILMAN BOOR-He shouldn’t have to that why I want to find out who gave him this information. MR. VOORHIS-I think it was Dave. SUPERVISOR STEC-We can ask Dave. COUNCILMAN BOOR-We will ask him why he made that determination. COUNCILMAN SANFORD-Spoke to the board on how he thought they left this at a workshop where they discussed this. Recognize that people are going to come in because of a failed system or an emergency are going to have to have out of season test pit done. What we thought we would do until a Town Engineer comes in and establishes a policy is we would treat them on a case-by-case basis. In your case here what I think would be logical would be for you to put together the drawings and or information pertaining to your construction. Set up an appointment to show up in front of one of our workshops. We would have the material ahead of time and we would look it over. What we were kind of leaning towards is we the Town would have an engineer do the test pit at your expense rather than run into a conflict of interest or any of those other types of things. If that’s acceptable to you, we would then proceed to do that kind of an engagement. I’m talking in general he may not even need it anyway. COUNCILMAN BREWER-I don’t want him to go away thinking he is going to have an engineer to look at his system. COUNCILMAN SANFORD-In your case you may not need a test pit. In the case of when there is no question about a test pit that’s was basically the working process we were going to go through. We would handle them on a case-by-case basis and discuss them at a workshop. MR. VOORHIS-Noted his concern with his mortgage company. COUNCILMAN BOOR-The only thing I can think of off the top of my head if you got more bedrooms it would require a larger leach field then it might trip the threshold that Mr. Sanford referred too. If the number of bedrooms is the same and that is what we base it on current code, which I think some of us maybe looking to change that. MR. VOORHIS-It is a bigger house. The system that I put in is three times as big as what was there originally. It is just a small camp. COUNCILMAN BOOR-Explained there is a formula if you do not meet the threshold of the formula. COUNCILMAN BREWER-Asked how many bedrooms in the new house. REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 397 MR. VOORHIS-Three. COUNCILMAN BREWER-How many in the old one? MR. VOORHIS-Two and a half. COUNCILMAN BOOR-We will have to look at that. COUNCILMAN BREWER-Recommended getting a set of plans for the board to look at. SUPERVISOR STEC-To contact Mr. Hatin. Asked Mr. Voorhis to give a set of plans to Mr. Hatin or himself so the board can have copies. MR. VOORHIS-Questioned how long this would take. SUPERVISOR STEC-It depends on how quickly we get a set of plans. MR. VOORHIS-It will be tomorrow. SUPERVISOR STEC-It is a good chance we can get you on a week from tonight at a workshop. MR. VOORHIS-Thank you. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding his request for deeds. SUPERVISOR STEC-We have the best deed that we are going to get. We have Title Insurance it is not possible to give us a Warranty Deed. Whether it was promised or they should have given it to us, we have the best deed on those two parcels as we are going to get according to our Attorney. We have Title Insurance our Attorney says we own it there is nothing to worry about it a solid deed and its good enough. MR. TUCKER-Would like to ask the Attorney why. The piece at the end of Ogden Road is the same piece that the whole subdivision is involved in noting he got a Warranty Deed and a Warranty Deed is the best kind of deed you can get noting it is the Attorney’s that own the Title Companies. Questioned if Budget Officer, Switzer had any report on second quarter sales tax. BUDGET OFFICER, SWITZER-Has not received anything from the County noting Mr. Tucker usually does not get this until at least the fifteenth of the month following the end of the quarter. SUPERVISOR STEC-We should be getting something any day noting he has heard that it is up from last year. Countywide total is up second quarter this year verses second quarter last year, but they do not have a final number this week we should have that number. REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 398 MR. TUCKER-Spoke to the board regarding Six Flags being in financial trouble all over the Country asked about the million-dollar ladder truck. SUPERVISOR STEC-Last time I asked about it was the last time you asked about it. The last I heard it was asked and they were never offered any financial assistance with that ladder truck. BERNARD RAHILL, 37 WINCREST DRIVE, QUEENSBURY-Spoke to the board regarding Saratoga Associates and the Town of Queensbury Draft Comprehensive Plan noting that Saratoga Associates advised the Town that is has become impossible to walk in many parts of the Town. One of the community’s desires is walk ability. Recommended during the Borgos and Champagne administration that the Town construct a six-foot, nine-foot path on both sides of the road in order to facilitate pedestrian and bicycle traffic also mentioned this idea at the last Town Board Meeting questioned the board on how they are going to solve this problem. At the last PORC asked the Town Board to construct a questionnaire concerning development in Queensbury and place it in the Queensbury Newsletter with spaces for residents to fill in and with opportunity to respond in writing to specific questions. COUNCILMAN BREWER-Noted the Town does not have a newsletter anymore. MR. RAHILL-Asked if they eliminated the newsletter? COUNCILMAN BREWER-Not I. MR. RAHILL-Asked the board to prepare a questionnaire noting it is very important. Also mentioned at a previous Town Board Meeting that you have the power to enable the Town Planners, Planning Board, Zoning Board, Recreation Commission, Highway Commission, Town Historian, and all the people to construct a questionnaire with your own expertise within the Town. If you take this initiative seriously, the good people of the Town will provide you with the power to pursue beneficial pathways to serve the welfare of the families and children of the community. Spoke to the board regarding his attendance at a Character Education Conference noting it was a consensus of all of the educators there that our television sets are nothing more than a cesspool they are pollution. Our children are being terribly affected by radio and by television. You are the Town Board you have something to say with regard to what goes on in our community. Asked what Democrats and Republicans are doing about the pollution we have on our airways. JOHN SALVADOR-Resident of Ward One. Spoke to the board regarding nd the Crandall Library Expansion and the June 22 public hearing held by the Glens Falls IDA, which addressed the financing plan noting that other matters are looming the library expansion program these, could stall the project once more. Spoke regarding concerns raised at the hearing all of which remain unanswered by the Glens Falls IDA. Noted no one has been able to answer Councilman Sanford’s concerns as to the inherit and differential between the cost associated with the issuance with IDA Revenue Bonds and those associated with the issuance of Town of Queensbury REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 399 general obligation bonds. Add to this differential the increase interest charge over thirty years and the compounded effect of the IDA participation becomes apparent. Referenced the ballot that was before us November 8, it was a dual proposition, which is unorthodox. Ballot propositions are supposed to be single purpose specified. Since the IDA, hearing the Crandall Public Library issued the final design noting it is markedly different from what was proposed at election time. The public is being invited to comment of the façade design on July 26, noting the library has no plan. To this day, they have no design plan, no construction plan, and they have no legal financing plan. LINDA MC NULTLY, TWICWOOD LANE, QUEENSBURY-Spoke to the board regarding the need for noise reduction in her neighborhood noting they also have lighting pollution, and odor from restaurants not as great an extent this year as a couple of years ago presented board members with her comment and concerns. Asked the Town to work on a Noise Ordinance noting the City of Schenectady has past a law prohibiting deep base speakers from being played in the City limits. COUNCILMAN SANFORD-Spoke to the board regarding the PORC Committee Meeting noting he was pleased to see people speak about the absence of noise controls on the plan. We are encouraging that they be incorporated in the plan hopes to think that they will. This board will have the final say noting it is overdue for them to adopt standards. The key is going to be…. COUNCILMAN BOOR-Enforcement. COUNCILMAN SANFORD-How do you establish the perimeters for the noise ordinance? Thinks you have the commitment of this board to be looking at this. Hopes to incorporate this in the Comprehensive Land Use Plan and in the Zoning. TOWN BOARD DISCUSSIONS COUNCILMAN SANFORD-Spoke to the board regarding the Audit Report would like to take the auditors up on their offer to meet with the board. Asked Budget Officer, Switzer to set up a meeting as soon as possible in August noting he has some concerns about the GASB notes in the management letter. Had the opportunity to meet with a person I have known for a long time Gail Hamel who is opening up her new business doing HR Consulting. She doesn’t go in and become a contracted HR person what she does is she comes in and does an HR Audit noting she will review things like the record keeping, policies, hiring determination process. Then she will work will department heads to try to implement things. If the board feels comfortable would like to invite her to attend a workshop in September to review the services she is providing to see if there is an interest for the Town to utilize her to look at what we are doing to make sure that we are all up to speed. Spoke to the board regarding Resolution Authorizing Engagement of Regent Consultants Corp. for Insurance & Risk Management Consulting Services noting they are beginning as a Town to start to evaluate our P & C Insurance. Spoke to the board regarding the Town Health Insurance noting he had requested data provided by our insurer, which is REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 400 used typically in the assistance of the preparation of a form fifty five hundred because we are a governmental entity we don’t have to file that form. Regarding health insurance in the Town, I have some concerns. The Town pays 1.9 million dollars in health insurance premium a year. I don’t know if we paid it all, but $87,445.00 was paid in commission and fees. Group health insurance in New York State is either community rated or experienced rated. If the Town purchases a community rated policy, the commission is built into the premium rate. The premium is the same whether you use a broker or you don’t use a broker. However, the Town of Queensbury provides health insurance that is not community rated, but is experienced rated. In this case, the Town can contract directly with the insurer and not pay any commission. In 2005, the Town paid $62, 217.00 in commissions. As, I mentioned earlier the broker received $87,445.00 in commission and fees. I understand that $25,000 deferential was paid by Empire Blue Cross and Blue Shield to the broker because of a general agency arrangement. What I’m trying to get at is that is make sense for experience rated groups to hire a consultant pay a modest fee and contract directly with the insurance company. What the consultant would do would be to monitor the claims experience to make sure that the trends are working favorably and to make sure that the rates remain as low as possible. That would be the job they would be doing on our behalf and also assist us with plan design, but as you mentioned many of this stuff is union generated and the plan is probably fine the way it is. My questions, I guess why aren’t we doing this. I don’t want to put words in your mouth maybe you weren’t aware that we had those options of going commission verses non- commission. BUDGET OFFICER, SWITZER-I wasn’t aware that we could go community verses experienced rated based upon what I understood we were bound to buy the union contract. COUNCILMAN SANFORD-That’s not the point. The point is I came from the HMO environment typically your HMO products are community rated we are community rated State. With the PPO’s and the EPO’s these particular animals for large groups I think it’s over fifty…John when we comes to visit with us perhaps correct me if I’m wrong. These types of products you don’t have to do with a community rated type of approach you can go with an experience rated approach. When you do that they are charging you the experience of the group in theory and therefore they are not building into your rate a commission. The commission is on top of what you paid where as in the HMO situation it is incorporated in it. The argument used to be in the HMO environment when an agent or broker would approach an employer they say, do business with me I will provide you with some advice some service. You are going to pay the same thing anyway, so why go direct with an insurance company to that extent, it was correct we have a different animal here. After I starting making some inquiries I got some feedback by way of e-mail from you Jennifer and I certainly would like to take the broker up on his offer to meet with us as soon as possible. I checked with some of the other board members Roger has been on the board for five years and he has never had a meeting with the broker as a Town Board. REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 401 BUDGET OFFICER, SWITZER-It certainly something that could have been asked at any point in time. COUNCILMAN SANFORD-In addition there are some concepts that are problematic in paying commission on experienced rated groups here is what they are. Commissions are tied to premiums the higher the premium the greater the commission. The benefit of bringing in a consultant would be to work to reduce your premiums by demonstrating to the insurance company that your experience trend is favorable and should pay less. There is no financial incentive for a broker who is paid on commission to work hard to negotiate lower rates when lower rates would lead to lower commission. We have here a catch twenty-two in terms on financial incentives. At any rate what I would like to say for tonight I would like to have some additional information. I would like to see the premium rate buildup. I would like to see that including the Empire Blue Cross and Blue Shield Administration. The stop loss factor, I assume there is a stop loss rate we pay. Commissions and fees we’ve discussed, but I would like to see those as well built into this. Paid claims broken out by inpatient, outpatient, radiology, primary care, referral care, pharmaceutical, vision, mental health, DME and any incurred but not reported factors if they are factored into our analysis. In addition, when I was reviewing this audit statement the accounts addressed concerns with post retirement health insurance and GASB 45. BUDGET OFFICER, SWITZER-Right. COUNCILMAN SANFORD-We certainly could benefit with a consultant looking at those items as well. A question, I guess for us to follow up on maybe later since you happen to be in the audience John. I’m wondering if we applied as a Town for the Part D Medicare Subsidy Reimbursement for 2005. BUDGET OFFICER, SWITZER-We have and that’s one of the benefits of using Capital Financial its fine on an analytical basis, but with a Town our size with a 160 full time employees and no one doing the HR, John and his staff were extremely helpful in helping us implement the Medicare Part D. COUNCILMAN SANFORD-I’m not suggesting that your department should absorb all of these responsibilities. What, I am saying instead of using the traditional broker relationship we should use a consultant relationship that is not tied to premiums. I think by any standards when you look at the plan itself generated almost $90,000 in fees and commission that’s a lot of money for the scope of services here. Far better to have the same broker only service a consultant or somebody else service a consultant, negotiate a price, and hopefully save a heck of a lot of money that’s my point on that. Jennifer work with the broker to schedule something as soon as possible. Spoke to the board regarding Resolution Authorizing Agreement between Town of Queensbury and Adirondack Sports Complex. This involves the Town providing $10,000 for the Sports Complex to help them host an event. I don’t know if I’m on the side of the majority here, but I’m going to make my case and leave it at that. In my opinion, we should not be giving money for, for-profit corporations in this an LLC. If we do, I think we are going to be creating some future problems. Gifting money to one business begs the question, why not others how about West Mountain, REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 402 the Great Escape or any number of other for-profit services organizations. I think we should be using the bed tax dollars to improve the Town’s infrastructure and to help make Queensbury a more desirable place for people to visit and recreate. When people visiting New York City for example or San Francisco they go to the Parks and Museums. Public services are not for profit 501C3 organizations create that tourist atmosphere that attracts people to these cities. I’m not denying the fact that for-profit organizations do as well. To make my point, I think it would be far more appropriate in the case of New York City to utilize those types of bed tax revenues for improving Central Park or the Bronx Zoo rather than let’s say spending and gifting it to the New York Yankees. More and more retired people are living in Ward 2, my Ward. I would like to create a Town environment where children and grandchildren come to Queensbury and visit with their family. Bed tax dollars can be used to help create needed Town features such as pocket parks as suggested in the Comprehensive Land Use Plan. In addition, if we treat this bed tax revenue unwisely we will have to spend more general fund dollars to accomplish desire projects. John Strough is working very hard on the Rush Pond Bike Trail why not use bed tax revenue instead of general fund dollars to help offset some of those costs associated with that project I think that could be classified as a tourist project. Dan Stec mentioned at our workshop that Bolton is using their bed tax dollars to support a Town Marina, which will help the economy and benefit the people of that community once again a public service to promote tourism. There are other problems associated with gifting money to for- profit corporations. The contributions are treated as revenue so that the federals and state income taxes so essentially tax dollars potentially are being spent in order to pay taxes does that make sense. In addition, there is a lack of accountability. Are we prepared to give the owners of this business $10,000 based on a hypothetical one page analysis even the illustration presents questions. Mr. Miller last week stated that the County would be providing some money for the project is that source of revenue included in this analysis if not the expected shortfall is much smaller does anybody on the board know this answer? Our resolution states that we can review records, but doesn’t really go into detail as to what records we can review. As you, all know private corporation records really aren’t subject to public review nor is there a Schedule A included in the resolution. Anyway, I’m not using this to bash the Sports Dome and I wish them well. I don’t think it is the Town responsibility or role to practice what I think amounts to as a form of corporate welfare. What, I would like to do is not necessarily deny this, but I would like to work and establish Town guidelines and criteria before we act so that we have a consistent approach as we move forward. COUNCILMAN BREWER-It is mandated by the County isn’t it their money their rules. SUPERVISOR STEC-They have their own rules we can have our own rules as well; I mean ours have to fit within their rules. COUNCILMAN SANFORD-I just wanted to get it out. We kind of had this discussion. SUPERVISOR STEC-Twice. REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 403 COUNCILMAN SANFORD-I don’t think I’m going to win, but I threw it out there. SUPERVISOR STEC-Fair enough. COUNCILMAN BOOR-Spoke to the board regarding the President of the Lake Sunnyside Homeowners Association attending Monday’s workshop noting the organization is looking to form a taxing district. They want to do this on occasions where there are water quality issues they do not have to come to the Town and seek funds. It is my understanding that a vast majority of the homeowners are in favor of this. Mr. Huntz with my permission has spoken with our Attorney and has a pretty good understanding of what’s going to be required there are a couple other details that still haven’t been finalized I guess that’s what we would be talking about at the workshop. SUPERVISOR STEC-You and I met with him some time ago, right? COUNCILMAN BOOR-Probably eight, ten months ago. SUPERVISOR STEC-There was some questions as to how to set it up you are right I remember. COUNCILMAN BOOR-In any event that is going to be something that is already scheduled. I want to have a discussion item and that has to do with a recommendation that came from the Planning Board relative to site plan review in critical environmental areas prior to issuance of building permits. I think although it will put a little more work in the Planning Department on its face it will, but ultimately I think it will save them a lot of work. As we all know we get these applications after the fact the house is built or the plans been approved and they come for variances before this board. I like to see these things in a critical environmental area dealt with prior to the issuance of a building permit. I think there is a lot of merit in that and it is something we need to look at. The only other thing that I like to mention sometimes the good stuff goes unnoticed. To bring up an old topic when I drive by the intersection of Bay and Quaker and look at the perennials there it is just a market improvement over of what used to be there. I don’t think you can thank people enough when they volunteer their time and effort as the Friends of Hovey Pond did there. There will still be the critics that say it was a very expensive corner it certainly looks a lot better than it ever has it will only get better as time goes on again, I would like to thank them. SUPERVISOR STEC-Absolutely. COUNCILMAN STROUGH-Spoke to the board noting he received the last permission slip in from the last donor on the Rush Pond Pedestrian Bicycle Path that he proposed. Now we can start making out an RFP, which I have a general form for engineering services for surveying and designing and possible construction services to get this to a point where it is well designed and we know what the construction costs are likely to be then we can at that point apply for grants. Stu Baker and I right now you want to know where we are are working on the rough draft of the RFP that should be done soon. REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 404 Questioned if they will be starting work on the intersection of Route 9 and 254. SUPERVISOR STEC-Yes, soon. I don’t have a start date, but soon probably within the next couple of weeks. It is going to take a couple months to improve that intersection should be starting by the end of July. COUNCILMAN BREWER-They do a lot of that work at night. SUPERVISOR STEC-Asked if we had any objections to night construction, I said no. They say they will be able to keep traffic flowing through there they will be able to do the work without shutting down the intersection. COUNCILMAN STROUGH-Spoke to the board regarding Resolution Authorizing Lease Agreement with Warren County Historical Society and the benefits of 5013C organizations read resolution into record. Noted he is a Trustee of the Warren County Historical Society not an Officer, not a President, not the Administrator, not the Treasurer as a matter of fact I wish I could be more active than I am. I have asked the Attorney’s if voting on this matter would violate any statutory rules and they said no it would not there is no conflict of interest. In order for there to be a conflict of interest, the Town Board would have to have an interest in the contract and I don’t. John Strough does not appear to have an interest in the proposed lease. John Strough does not appear to have a direct or in direct peculiarly or material benefit occurring as result of the proposed lease. Furthermore, in situations that might bar a Town Board member from voting do not apply because this organization the Warren County Historical Society benefiting from the lease is a not-for-profit corporation. We only recommend that John Strough disclose that he is a Trustee, which I did that. With that, aside I look forward to that resolution. COUNCILMAN BREWER-John seems how you were talking about this resolution what you are reading doesn’t say that John Strough doesn’t have a conflict that I can see in the memo you are talking about from… COUNCILMAN STROUGH-It says Town Board members. COUNCILMAN BREWER-The Ethics Board does say you have a conflict though and you shouldn’t vote on it. I have other issues with this contract it really has nothing to do with the County only that it’s given its name Warren County Historical Society. You wrote the contract. You are a Trustee. You came up with the fee. COUNCILMAN BOOR-No…. COUNCILMAN BREWER-Let me finish please. COUNCILMAN BOOR-It’s not correct. COUNCILMAN BREWER-Okay, well if it’s not then John worked on the contract and John gave us the contract I presume that he did that. COUNCILMAN BOOR-Okay. I know, but don’t presume. REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 405 SUPERVISOR STEC-Tim has the floor. COUNCILMAN BREWER-I know we got costs from Chuck Rice as to what are expenses are, but I think the expenses will go up once they are in there. The other issue is why do we have a five-year contract. Why are we doing six thousand dollars worth of renovations why don’t they do the renovations? The Town shouldn’t be in a landlord business if we don’t need the property let’s get rid of it let’s sell it. Richard you are talking about the town or government agencies giving money to businesses I agree with you on that point I had the same philosophy very similar. When a Town Board member goes to the Ethics Board and makes a complaint and the Ethics Board says that the Town Board member shouldn’t vote on this then I got a problem with it when they are going to continue to vote. Whatever the next step is I probably will take that, but its going to lead us right back to here so I don’t know what I will do. I just think John you are on a slippery slope and I don’t think you should vote on it that’s all. COUNCILMAN BOOR-Tim we have a history of disagreeing so let me step in there, okay. COUNCILMAN BREWER-And that’s fine. COUNCILMAN BOOR-I just want to make a couple comments. John certainly did the most recent amount of work on this, but you know as far as the amounts that were determined and stuff it wasn’t just John. With regards to the Ethics Board, we need to review that because they broke their own bylaws in what they did we can talk about that in executive session. COUNCILMAN BREWER-A board makes a decision that you don’t agree with… COUNCILMAN BOOR-Tim, Tim…. COUNCILMAN BOOR-Tim, if I could just finish. SUPERVISOR STEC-Go ahead Roger. COUNCILMAN BOOR-I think its something that we need to discuss because certainly anybody that goes before a judicial body or somebody who is going to render opinion should be present and have the opportunity to speak Mr. Strough was not offered that opportunity. We need to address that as a Town Board because it is clearly stated in their bylaws. As to you know giving money Tim I don’t know how we can justify giving eighty to ninety thousand dollars to the State Police. I can give you multiple examples of where we dole out an awful lot of money to non-Queensbury organizations. As a matter of fact the very building we are discussing we’re essentially unless Jennifer can give me a number and I’m not trying to put you on the spot I don’t believe we are even getting rent for the voting machines that we store there. The notion that there is something unusual in an arrangement like this I don’t think really holds a lot of water, but I do appreciate the philosophy of what you are talking about. It is certainly not something we should take lightly or do without giving a lot of thought, too. In the simple REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 406 fact that they are not actually affiliated with Warren County, I don’t know really, what that means. They are a not-for-profit and they do provide a service to this area they are working hard with the Grange in concert with the Grange to bring up that whole corner of Town to be something, I think that we can be proud of and that will serve the community well. It’s not really a bad idea I don’t think. COUNCILMAN BREWER-Okay and I appreciate that Roger. I’m not going to argue all night about, but I’m just saying the perception is a Trustee of this board forwards the contract. I have issues with it let it go on its merits Roger. I don’t disagree that they may do some things. I don’t agree that we should be spending six thousand dollars to alter a building we bought for storage though when we went through this two or three years ago. COUNCILMAN SANFORD-Let me just touch base on that Tim. COUNCILMAN BREWER-You weren’t here Richard so I mean you don’t know the conversations. COUNCILMAN SANFORD-I worked on some of the numbers for this lease. You asked the question why five years. First of all, here is how I approached it. I’m not denying to the degree that it’s an organization a 501C3 organization that we support the thing is going to be good for the community we are working with them on this now let me go on. I got from them what they were paying for the Glens Falls space it was five fifteen a month. They had one thousand six hundred and eighty four point four five square feet in that lease. I did the division it came up to three dollars and sixty-seven cents a foot. They are going to have nine hundred feet here at the firehouse. I did that multiplication out then I said, well wait a second we are going to be spending six thousand dollars to renovate leasehold improvements. I said over a five-year period of time that’s twelve hundred bucks a year, I divided nine hundred into that, and I came up with a dollar thirty-three a square foot. I took a dollar thirty three a square foot added it to three sixty seven a square foot came up with five dollars a square foot, which represents the rental rate that’s in this agreement. In fact, I was the one who in a discussion with John Strough encourage him to go with those numbers. COUNCILMAN BREWER-Two hundred and thirty three dollars is five dollars a square foot for a… COUNCILMAN BOOR-Three hundred and seventy five. COUNCILMAN BREWER-How come the contract says two thirty three. COUNCILMAN BOOR-You got to read it. SUPERVISOR STEC-That might be an older version. COUNCILMAN BREWER-Maybe that’s before you modified it or gave us the new resolution. COUNCILMAN BOOR-It’s in the new packet. REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 407 COUNCILMAN BREWER-I read the packet you gave me John the one that say two thirty three. COUNCILMAN SANFORD-What I believe is in here is correct. I think it comes out to forty four thousand five hundred bucks a year. The only reason I’m mentioning this is because John talked with me about this. It was my idea to float those types of numbers those weren’t his numbers. I just wanted to let you know because when you were talking you were suggesting to John unilaterally did all this I was involved with it. COUNCILMAN BREWER-I’m not saying John did all of it. I’m not saying John’s crooked by any means I’m just saying the perception is there. If there is a perception then I think you should stay away from it and that’s my opinion. COUNCILMAN STROUGH-That’s fine. If you were consistent Tim and it wasn’t political and it wasn’t personal… COUNCILMAN BREWER-John it’s not political I don’t run against you. My point being… COUNCILMAN STROUGH-Wait a minute let me have my say. You’ve had your say I’ve been quiet… COUNCILMAN BREWER-My point being is when Dan Stec and Tim Brewer goes against the opinion or the recommendation of a board we’re like almighty sinners, but when you do it it’s justified, I guess that’s my point. COUNCILMAN STROUGH-Alright, here is my point. COUNCILMAN BREWER-Okay. COUNCILMAN STROUGH-Now, Dan votes for the Literacy for Volunteers and rightfully so. They get seven thousand dollars annually and Dan’s on the Board of Directors and you knew all that, but you didn’t make any complaint to the Ethics Board. COUNCILMAN BREWER-Because that was a contract we had prior to Dan being elected John there is a difference in that. COUNCILMAN STROUGH-It’s still a contract that gets renewed every year that didn’t bother you. COUNCILMAN BREWER-That still doesn’t bother me. COUNCILMAN STROUGH-Now here is another thing. You are Manager of NAPA, which is also Auto Supply Adirondack Auto Supply. How many ten of thousands of dollars do you approve you are a Manager right. COUNCILMAN BREWER-Yeah, sales, too, REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 408 COUNCILMAN STROUGH-You are approving every month bills tens of thousands of bills and that doesn’t bother you. COUNCILMAN BREWER-Absolutely been to the Comptroller’s Office with it John. Dennis Brower brought that up when we first got elected crystal clear there is a letter in my file anytime you want to read it, it’s there. Henry Hess reviewed that so there is not an issue with that. COUNCILMAN STROUGH-Did you read the Attorney’s letter? COUNCILMAN BREWER-Absolutely I did, I got it right here. It says legally you don’t have to John, I’m not saying you are breaking the law. COUNCILMAN STROUGH-Here is another thing about the Ethics Board. Two people on the Ethics Board first of all they violated the Code of Conduct, okay. Town Code 14-5 lists the Standards of Conduct. First of all, if you look through the list of violations there was nothing violated. No action had taken place and if any action had taken place, it was not a violation of the list that the committee is to investigate it’s not on their list. Now, if you also read 14-6C, it says that to investigate alleged unethical behavior as a matter of fact no ethical behavior had taken place yet the Ethics Committee found themselves willing to come up with an opinion. Here is another interesting thing about the Ethics Committee. It came up with an opinion yet if you read Town Code before it comes up with an opinion, it is to entitle me to procedural due process invite me to a hearing listen to my side. COUNCILMAN BREWER-They did that. COUNCILMAN STROUGH-No. COUNCILMAN BREWER-They sent you a letter saying if you disagree with what you say you are welcome to come in John. COUNCILMAN STROUGH-No, they are suppose to have the hearing before they create their opinion Tim, I guess you don’t understand that. COUNCILMAN BREWER-I guess I don’t John. I guess you know everything and I don’t know anything. COUNCILMAN STROUGH-That letter was signed by three people two of those people on the Republican Committee who put letters to the Editor saying vote for John Strough’s opponent don’t vote for John Strough. Had signs on their lawns saying vote for John Strough’s opponent don’t vote for John Strough or something to that effect. COUNCILMAN BREWER-But, you voted to appoint them... COUNCILMAN STROUGH-Two out of three people that signed that Ethics letter were those people. COUNCILMAN BREWER-But, you voted to appoint them to the Ethics Committee, John. REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 409 COUNCILMAN STROUGH-I thought they were ethical. You know what Tim I think we need an Ethics Committee to investigate the Ethics Committee. COUNCILMAN BREWER-Then let’s set that committee up how’s that just bringing the point up John I’m done. SUPERVISOR STEC-Are we finished. COUNCILMAN STROUGH-Yeah, but you know what in all of this I think we all have to agree what a great organization the Warren County Historical Society is. COUNCILMAN BREWER-We don’t have to agree that’s the point John we don’t have to agree. SUPERVISOR STEC-Are you finished is it my turn. COUNCILMAN BREWER-Your turn. SUPERVISOR STEC-I was going to do my darnest not to get dragged into that one. I will say again for the record although I am a member of the Board of Directors for Literacy Volunteers and have been so since I believe 2003 the contract between the Town and them dates back to 1992 when I was in the Persian Gulf. The last time that a decimal point or a number or letter was changed in that to my knowledge was 2001 so I haven’t forwarded any changes or any additional compensation for them. I do disclose it every time I sit at one of these meetings and I mention the word Literacy Volunteers I bore you all to death with the same thirty-second stick about disclosing that I’m a member. Since Literacy Volunteers got dragged into this discussion in an awkward way I wanted to just make sure that I disclosed that again. Anyways I want to thank Glens Falls National Bank and TV 8 for putting on Masterpiece Theater for our viewers. I also want to remind the Town residents the Town has a great website www.queensbury.net there is all kinds of information available on that website it is a great website. It’s got minutes of meetings going back the last year and agendas for all the Town Board, Planning Board, Zoning Board of Appeals all kinds of really good information and again its Queensbury.net we encourage to use that as a good resource. Last Town Board Meeting we talked a little bit about Fire Companies and their budget process among other things and I don’t want to get sidetrack to the other things because I don’t have anything really new to report there. I wanted to let the board know because I mentioned it last time that their contract states by July 15 we the Town is to receive a copy of their proposed budget for the following year. Without going into a list three out of eight have complied with that so we have three and we are waiting for five more. I understand that we’ve heard antidotal from a couple of them that they are in the process of wrapping them up and getting them to us. Frankly, as long as we get them in the next couple of weeks it won’t be a big deal, but it’s been made an issue before. The facts are to date three out of eight submitted theirs on time. The last thing I wanted to mention our County update. On Friday the County passed a Local Law, which in essence limits it, is actually a trend REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 410 now in New York State Saratoga County has done something similar and I believe Albany County has as well. Trying to address a concern, I know a lot of people in particular a lot of parents out there about sex offenders that have committed their crimes against minors and where these people may be living or working in relation to are they nearby where they may be in places where minors frequent. The County did unanimously pass this Local Law limiting essentially work and living within Warren County of these registered sex offenders within a thousand feet of schools, daycare centers, and things like that. The law in its legislative intent certainly covered a lot more ground than that, but the actual restriction part of the law didn’t. There was a good deal of discussion by County Supervisors where it didn’t go into there was a much longer list of areas that we were concerned about, but then the list that was actually restricted was very short. The County Board intends to revisit this in Committee readvertise another public hearing and basically amend our legislation. There will be a question answered as to whether or not we want to address the grandfathering issue. Right now as the law was written, it grandfathers sex offenders that currently live within the prohibited zone. I know that myself and a lot of other Supervisors are concerned about that and we would prefer to remove that grandfather clause. I thought that it was a noteworthy thing it isn’t often that the County Board has opportunity or believes in the wisdom of waiting into criminal legislation. Frankly just under State Law there isn’t a lot of opportunity at the County level to write Penal Code or anything related to that this certainly isn’t Penal Code, but normally our actions are not in the criminal realm per say. Certainly, this is something that has been in the newspapers around here both at the local issue level, but also reported on national and much more high profile issues. I just thought that was important for County residents to know that Warren County has taken this up to try and address it. I think there is hope that at the State level the State may address the issue, but not wanting to wait for the State the County followed suite with a lot of other Counties that are starting to take this sort of action. That was probably the most significant thing that occurred at the last Warren County Board Meeting last Friday. That’s all I wanted to report on with that why don’t we head into resolutions. RESOLUTIONS RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM NEW YORK STATE EDUCATION DEPARTMENT STATE ARCHIVES AND RECORDS ADMINISTRATION FOR CONVERSION OF VITAL RECORDS FROM MICROFILM TO LASERFICHE AND ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR SUCH FUNDS RESOLUTION NO.: 342, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No. 545,2005 the Queensbury Town Board authorized submission of an application for a Local Government Records Management Improvement REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 411 Fund Grant (LGRMIF) from the New York State Education Department State Archives and Records Administration (SARA) to be used by the Town for the conversion of vital records from microfilm to laserfiche, and WHEREAS, the grant application was submitted and the Town has been awarded the LGRMIF grant in the amount of $2,452, and WHEREAS, the Town Board wishes to authorize acceptance of such grant funds and establish appropriations and estimated revenues for the grant award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $2,452 in Local Government Records Management Improvement Fund Grant (LGRMIF) grant funds to be received from the New York State Education Department State Archives and Records Administration (SARA), such funds to be used by the Town for the conversion of vital records from microfilm to laserfiche, and authorizes and directs the Town Supervisor and/or Town Clerk to execute the LGRMIF Grant Acceptance Form presented at this meeting and any other associated documentation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby establishes appropriations and estimated revenues in the amount of $2,452 for such grant funds received by the Town, such appropriations and estimated revenues to be recorded in accounts to be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and authorizes the Town Supervisor, Town Clerk and/or Budget Officer to take all other action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of July, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 412 RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM NEW YORK STATE EDUCATION DEPARTMENT STATE ARCHIVES AND RECORDS ADMINISTRATION FOR ELECTRONIC RECORDS MANAGEMENT AND ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR SUCH FUNDS RESOLUTION NO.: 343, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No. 544,2005 the Queensbury Town Board authorized submission of an application for a Local Government Records Management Improvement Fund Grant (LGRMIF) from the New York State Education Department State Archives and Records Administration (SARA) to be used by the Town for the purchase of a large format document scanner/copier/printer to be used for electronic records management, and WHEREAS, the grant application was submitted and the Town has been awarded the LGRMIF grant in the amount of $17,428, and WHEREAS, the Town Board wishes to authorize acceptance of such grant funds and establish appropriations and estimated revenues for the grant award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $17,428 in Local Government Records Management Improvement Fund Grant (LGRMIF) grant funds to be received from the New York State Education Department State Archives and Records Administration (SARA), such funds to be used by the Town for the purchase of a large format document scanner/copier/printer to be used for electronic records management, and authorizes and directs the Town Supervisor and/or Town Clerk to execute the LGRMIF Grant Acceptance Form presented at this meeting and any other associated documentation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby establishes appropriations and estimated revenues in the amount of $17,428 for such grant funds received by the Town, such appropriations and estimated revenues to be recorded in accounts to be determined by the Town Budget Officer, and REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 413 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and authorizes the Town Supervisor, Town Clerk and/or Budget Officer to take all other action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of July, 2006, by the following vote: AYES : Mr. Strough, MR. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT : None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5173 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 344, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 5173, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty two thousand five hundred seventy five dollars ($22,575), and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 414 WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 5173 in the Town of Queensbury, New York in the amount not to exceed twenty thousand dollars ($20,000) and authorizes and directs either the Town Supervisor or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of July, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT:None RESOLUTION APPROVING HOUSING REHABILITATION LOAN IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.:345, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Loan Program which provides a deferred loan to very low income eligible property owners for the owners cost of rehabilitation, and WHEREAS, a single family property, Case File #5173, has been determined to be eligible for a loan through the Housing Rehabilitation Loan Program and the owner of the property has requested such a loan, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty two thousand five hundred seventy five dollars ($22,575), and REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 415 , WHEREAS the property has been approved for a grant for twenty thousand dollars ($20,000) through the Housing Rehabilitation Program, and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant and loan process and has verified that it has been followed in this case and recommends approving this deferred loan, and WHEREAS, the property owner will enter into a Loan Agreement with the Town of Queensbury which will be recorded with the Warren County Clerk’s Office with the principal balance of the loan due in full upon the transfer of title of the property, NOW THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby approves a rehabilitation loan for Case File #5173 in an amount not to exceed two thousand five hundred seventy five dollars ($2,575) and hereby authorizes and directs either the Town Supervisor or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of July, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION AUTHORIZING ADDITION OF THREE ELECTRICAL INSPECTORS AT THE INSPECTOR, LLC RESOLUTION NO.: 346, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Queensbury Town Code Chapter 80 delineates criteria for businesses and/or individuals to perform electrical inspections within the Town and by previous Resolution the Town Board determined that The Inspector, LLC met this criteria, and REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 416 WHEREAS, The Inspector, LLC has hired Douglas R. Hull, Brian D. Sweet and David J. Irwin as electrical inspectors and has requested that the Town Board approve these gentlemen as approved inspectors, and WHEREAS, the Town’s Director of Building and Code Enforcement has reviewed the gentlemen’s credentials and has recommended that the Town Board authorize them to perform electrical inspections within the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes hired Douglas R. Hull, Brian D. Sweet and David J. Irwin of The Inspector, LLC to make electrical inspections within the Town of Queensbury subject to compliance with the standards set forth in Queensbury Town Code Chapter 80, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Director of Building and Code Enforcement to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of July, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING SALE OF OBSOLETE AND/OR WORN-OUT TOWN ITEMS AT AUCTION RESOLUTION NO.: 347, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or are worn-out or obsolete, and WHEREAS, Warren County has advised the Town’s Purchasing Agent that Warren th County will be having an auction on July 29, 2006, such auction open to all towns within Warren County, so that such Towns may auction off worn-out or obsolete items, and REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 417 WHEREAS, the Town’s Purchasing Agent has assembled a list of obsolete Town equipment and has requested Town Board authorization to sell the items at the auction, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the sale of Town- owned items that are no longer needed by the Town or are worn-out or obsolete, as substantially set forth on a list assembled by the Town’s Purchasing Agent, at an auction to th be held by Warren County on July 29, 2006, and BE IT FURTHER, RESOLVED, that all Town proceeds from the auction shall be deposited in accordance with the Queensbury Town Code and Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary contract for auction and authorize set minimum bid amounts if required, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor and/or Town Purchasing Agent to forward a copy of this Resolution to Warren County and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of July, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK SPORTS COMPLEX RESOLUTION NO.: 348, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 418 WHEREAS, the Town of Queensbury has received a request for funding in the amount of $10,000 from the Adirondack Sports Complex which is negotiating with Galaxy Lacrosse to host the National Youth Lacrosse Championships/College Showcase at the Adirondack Sports Complex located at 326 Sherman Avenue in the Town of Queensbury during the third week of July, 2006 and the next four to five years, and WHEREAS, such event is expected to involve approximately 75 teams ranging from North Carolina to Illinois and Maine and draw an estimated 1,800 to 2,300 players, coaches, officials, college recruiters and supporters to the Town of Queensbury and its surrounding area’s hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution the Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Adirondack Sports Complex for hosting the National Youth Lacrosse Championships/College Showcase in the amount of $10,000 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and the Adirondack Sports Complex has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the Adirondack Sports Complex for hosting the National Youth Lacrosse Championships/College Showcase at the Adirondack Sports Complex and the Agreement between the Town and the Adirondack Sports Complex substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with such funding not exceeding the sum of $10,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 001- 6410-4412, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 419 RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 17 day of July, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : Mr. Sanford ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BOOR-To do a little bit of follow-up on some of the points that Richard made I do believe they were all valid and I agree with him. There are some things about this project this dome this resolution I think that lead me to want to support it. One of them goes back as was pointed out I believe maybe a week ago. We went through a somewhat painful process of entertaining the notion of having an eighteen million dollar recreation center funded with taxpayer dollars not to long ago. Through a series of public meetings, it became very clear that the public felt that this was too expensive and not something that we should do. One of the points made at many of these meetings was that government should not compete with private enterprise. Having said that here we have an individual or a group of individuals who essentially have taken a small portion of what would have been included in a rec center essentially the ability to recreate during our long winters and they have done this privately. They also are so unique that they don’t have competition in the private sector in many respects. There is nobody else that is going to offer soccer indoors in January so I don’t feel that we are being restrictive to some and very generous to others in that respect. One of the points that Mr. Sanford made which was valid I think that we should move towards not for profits. As a matter of fact the Town Board has done that in the relatively ninety to hundred thousand dollars that we do dole out on an annual basis. We generally try to use bed tax money because it is money that is coming from outside the area it is not local taxpayers that are funding it. We have made an earnest effort to do that I think that’s the route we should aim for I think this is an exception. Also, I look at health care, as we know we’ve become a society I think somebody mentioned it tonight maybe Mr. Rahill I don’t remember. We sit in front of TV to long we’ve got kids that sit in front of computer screens to long. You look at the health statistics the onset of diabetes due to the fact that people just don’t do anything anymore at a very early age this I think benefits the community in that respect. It provides the ability of kids to recreate throughout the year. I think it is a little bit unusual, but I think in total it is a worthy project. I believe that the income by virtue of the additional bed tax money that will be generated on top of the sales tax, which will go towards our general fund I think, is going to make this a positive cash flow situation for the Town. I am going to support this, but I certainly don’t anticipate that it will be an annual event. COUNCILMAN STROUGH-I want to add to that. This is not money that is going to pay for the operations, maintenance and the upkeep and the financing of the dome. This is money that goes to promote a National Girls Lacrosse REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 420 Championship. There will be people from the Carolina’s Illinois, Maine. There will be one thousand eight hundred to two thousand three hundred players more possibly. COUNCILMAN SANFORD-You are only partially correct John. COUNCILMAN STROUGH-In my mind promoting things that are going to be heads in beds is exactly what the bed tax was suppose to do. Richard, I don’t disagree with all of what you are saying. I thought in some cases in was narrow in scope I thought it was well reasoned I think it is something we can talk about. In this case here we are promoting something that is a first time event into this area and it could annually it could occur more so. I think ten thousand is a minimum amount of dollars bed tax and it is coming from the bed tax. It is a return to the hotels of money that they have processed and have given to us; I think this is the whole idea of the process. COUNCILMAN SANFORD-As I said, I’m not out here to bash the Sports Dome. I don’t think we should be using public money for for-profit organizations for a lot reasons. I don’t think we have gotten our arms around what we desire in terms of tourism. Let me finish, let me finish here just for a second. If this is successful as proposed, you have a couple of thousand cars running up and down Quaker Road. They will be staying at a chain hotel. They will be eating in the chain restaurants and we just got another one coming up the Golden Corral they can go right in there and park in there and have an accident on the way out. They will be spending some tax dollars in our chain box stores that we have in Queensbury and hallelujah for tourism in Queensbury as you’ve defined it. Now, I’m defining it use for infrastructure costs so your project we can pay for the surveyor so we can have a bike trail where when the kids come up to visit they can say let’s go on the bike trail. COUNCILMAN STROUGH-Richard I couldn’t agree with you more about the bike trail. COUNCILMAN BREWER-I agree with what you said and I said it before Richard the philosophy having said that this is what it is right now. We have the bed tax we have to use it that’s the purpose for it. I don’t agree with the bed tax to begin with, but that’s another whole story. COUNCILMAN SANFORD-I just had to say what I was going to say. COUNCILMAN BREWER-That’s fine. COUNCILMAN SANFORD-I would like to have a Schedule A because John talks…. COUNCILMAN BREWER-I would agree. COUNCILMAN SANFORD-Because John talks in terms of what its going to be used for. COUNCILMAN BREWER-Why don’t we ask Mr. Miller if he is going to provide us with a Schedule A. REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 421 COUNCILMAN SANFORD-It says here…. COUNCILMAN STROUGH-He did provide us with a Schedule A, but it is not attached but we did get it. COUNCILMAN BOOR-We did get one and we actually have it. COUNCILMAN BREWER-That sheet that we got was the original proposal. SUPERVISOR STEC-That’s Schedule A. COUNCILMAN STROUGH-That’s Schedule A. COUNCILMAN BOOR-You bring up a good point I think maybe the public needs to understand this. First of all, its bed tax money so when you say public money yeah you are technically correct, but not local public monies. Secondly, there is a time frame under which this money must be used so the clock is ticking on this. I don’t want to get into a situation where we have to try and look for someway to get rid of it. We’ve got somebody that’s come with a very valid plan and I think…. COUNCILMAN BREWER-I’m going to spend the money and see if there is any way we can find a way to take the bed tax money and give it back to the residents of the Town not necessarily but, I mean like investments like paying for Hovey Pond. SUPERVISOR STEC-First, I’m going to throw my two cents in I’ll put in three cents. The money is restricted as Roger alluded to there are strings on this money it is a different color of money. As a matter of fact, some of the things that Bolton is doing and some of the things that are being talked about here might not exactly fit in with strict interpretation of some people’s understanding of the bed tax legislation. This is a very clean from a legislative authority standpoint what we are going to vote on here in just seconds is very clean from a legal perspective. Some of the other ideas about bike trails and infrastructure and all that are less clean from what does the actual legislation allow. Certainly, the points are more less valid and I’m going to go out on a limb here and predict that we are going to see a very unusual three two split. RESOLUTION AUTHORIZING ENGAGEMENT OF REGENT CONSULTANTS CORP. FOR INSURANCE & RISK MANAGEMENT CONSULTING SERVICES RESOLUTION NO.: 349, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Queensbury Town Board wishes to authorize engagement of the services of a consultant to thoroughly evaluate the Town of Queensbury's insurance needs REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 422 and prepare a Request for Proposals (RFP) to send to insurance agents/brokers interested in providing insurance coverage to the Town, and WHEREAS, the Town Board wishes to authorize engagement of Regent Consultants Corp., to perform the necessary consulting services for a fee of $10,000 plus travel expenses in an amount up to $250 per personal meeting with the Town Board and/or designated individuals, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes engagement of Regent Consultants Corp., to thoroughly evaluate the Town of Queensbury's insurance needs and prepare a Request for Proposals (RFP) to send to insurance agents/brokers interested in providing insurance coverage to the Town, for a fee of $10,000, plus travel expenses in an amount up to $250 per personal meeting with the Town Board st and/or designated individuals, as set forth in Regent Consultants Corp.’s June 21, 2006 proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that the costs of such services shall be paid for from the Insurance – Misc. Contractual Account No.: 01-1910-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed agreement or documentation and the Town Supervisor and/or Budget Officer to take any other action needed to effectuate the terms of this Resolution. th Duly adopted this 17 day of July, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING LEASE AGREEMENT WITH WARREN COUNTY HISTORICAL SOCIETY RESOLUTION NO.: 350, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 423 SECONDED BY: Mr. Roger Boor WHEREAS, the Warren County Historical Society (Historical Society), is a not- for-profit educational organization chartered in 1997 by the New York Education Department for the collection, preservation, and promotion of the heritage of Warren County, including the Town of Queensbury, and WHEREAS, the Town of Queensbury (Town) is the owner of real property located at 195 Sunnyside Road in the Town of Queensbury, formerly used by the Bay Ridge Volunteer Fire Company, Inc., as a firehouse (the “Premises”), and WHEREAS, while the Town utilizes a portion of the Premises, the former administrative offices and kitchen (the “Leasehold”) are unused and vacant and the Historical Society seeks to rent these unused areas to serve as the Historical Society’s new business office and to house the Historical Society’s developing library and its collection of artifacts, books, manuscripts, papers, photographs and other records and materials relating to the history of the Warren County region and New York State, and WHEREAS, the Historical Society has and will benefit the Town’s residents by continuing to contribute to the promotion and preservation of the Town’s history and heritage, and by preserving and promoting the historical significance of the former firehouse, and WHEREAS, the firehouse is located within the former hamlet known as Oneida Corners, which played a significant role in the Town’s history and relocating the Historical Society to this location would facilitate the Town and Historical Society’s joint effort (in concert with the Mohican Grange, the Chapman Museum and others) to develop and promote an Oneida Heritage Center, and WHEREAS, the Town’s 1998 Comprehensive Land Use Plan (CLUP) and Open Space Vision Plan both strongly encourage preserving and promoting the history/heritage of the Oneida Corners area, and WHEREAS, developing cultural opportunities such as a performing arts center, museums, educational facilities and libraries is consistent with the Town’s Open Space Vision Statement, and WHEREAS, the Town recognizes the Historical Society’s proven dedication and desire to preserve and promote historical buildings and locations and the Historical Society has been among those who have represented and promoted the Town as a member of New York State’s Lakes to Locks Byway program which identified the Oneida Heritage Center as a significant scenic and historic site and destination objective REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 424 in its tourism promotion program, and anticipates the Historical Society’s presence in the Town and corresponding efforts will result in economic benefits and additional revenue for the Town through the Historical Society’s efforts to encourage tourism, offer historically enriched exhibits, education programs and other activities and through its involvement with the Lakes to Lock program, and WHEREAS, the Town and Historical Society wish to preserve and maintain the Mohican Grange building and encourage collaborative use of both the firehouse and the Grange building for Town and County historical displays and other historically-oriented educational activities, and WHEREAS, the proposed cooperative effort between the Historical Society and the Town is in accord with New York State Arts and Cultural Affairs Law §57.07 which empowers the Town to expend moneys for historical purposes within the Town, including historical edifices, the erection of historical markers and monuments, the collection of war mementos, and, either alone or in cooperation with patriotic or historical organizations, the preparation and publication of local histories and records and the printing and issuing of other historical materials in aid of the work of the local Historian, and WHEREAS, the Town is empowered by Town Law §64-2 to lease real property in the name of the Town subject to a permissive referendum, and WHEREAS, the Town Board has determined that the consideration offered for th e surplus area of the Premises represents a fair and reasonable rent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall lease the unused portion of the former Bay Ridge Volunteer Fire Company Firehouse, Leasehold, at 195 Sunnyside Road in the Town of Queensbury to the Warren County Historical Society to serve as the Historical Society’s business office and house the Historical Society’s library and historical collections, and BE IT FURTHER, RESOLVED, that the term of the lease shall be five (5) years and rent shall be $375 per month, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute a Lease Agreement with the Warren County Historical Society for the Leasehold consistent with the terms and conditions reviewed by the Town Board, and REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 425 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take any other action necessary to effectuate all terms of this Resolution, 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. th Duly adopted this 17 day of July, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough NOES : Mr. Stec, Mr. Brewer ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF JULY 17, 2006 RESOLUTION NO.: 351, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of July 13, 2006 and a payment due date of July th 18, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of July 13, 2006 and payment due date of July 18, 2006 and totaling $324,778.69, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 426 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 17 day of July, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION APPROVING MOUNTAIN HOLLOW SEWAGE-WORKS CORPORATION IN CONNECTION WITH WESTERN RESERVE TOWNHOUSE PROJECT, WEST MOUNTAIN ROAD, QUEENSBURY RESOLUTION NO. 352, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Michael S. Hayes and Paul J. Hayes, on behalf of Western Reserve LLC (“Western Reserve”) have advised the Town Board that the New York State Department of Environmental Conservation requires the formation of a Sewage-Works Corporation to own and maintain the Mountain Hollow Townhouse Development’s on-site sewer collection system (the “sewer works”), and th WHEREAS, by letter dated June 20, 2006, Western Reserve formally issued its request that the Town Board consent to the formation of a Sewage-Works (or “Transportation”) Corporation to be known as the Mountain Hollow Sewage Works Corporation (the “Corporation”) which will own and maintain the entire sewer collection and force main system on the Western Reserve Cluster Subdivision, Mountain Hollow Townhouse Development’s property as shown on plans submitted as part of its subdivision review, and WHEREAS, the maps and specifications of the sewer works to be owned and operated by the Corporation have been filed with the New York State Department of Health which has indicated that it is prepared to approve the plans upon formation of the Corporation, and WHEREAS, the septic system design has been approved by the Town Engineer, C. T. Male Associates, and the New York State Department of Health as part of the subdivision review process, and REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 427 WHEREAS, the septic system has been completely installed so that no bonds to secure completion of construction are necessary, and WHEREAS, the Town Board has received a guaranty from the owner of the Transportation Corporation of payment of all costs of operation and maintenance of the sewer works, and WHEREAS, the stock of the Corporation will be placed in escrow providing that title will pass to the Town in the event of certain occurrences pursuant to an Escrow Agreement provided to the Town, and WHEREAS, the Town Board has satisfied itself that it has received all materials it needs to issue its consent, and WHEREAS, the Town Board wishes to issue its consent to the creation of such Sewage-Works Corporation in accordance with New York State Transportation Corporations Article 10, “Sewage-Works Corporations,” NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and issues its consent to the Sewage-Works Corporation required by the New York State Department of Health and as requested by Michael S. Hayes and Paul J. Hayes on behalf of Western Reserve LLC, in connection with the Western Reserve Cluster Subdivision, Mountain Hollow Townhouse Development’s property, such consent being in accordance with New York State Transportation Corporations Article 10, “Sewage-Works Corporations,” and BE IT FURTHER, RESOLVED, that the Town Board retains the continuing right to review the adequacy of the security provided in connection with the sewer works to determine whether it should be modified on the basis of fiscal performance or other conditions, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to forward a certified copy of this Resolution to Western Reserve, LLC and/or the New York State Department of Health and take such other and further action as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 428 RESOLVED, that in the future, should the Town Board engage new Town Counsel, then assignment of the Escrow Agent’s responsibilities shall be transferred from current Town Counsel Miller, Mannix, Schachner and Hafner, LLC to the Town’s new attorney of record. th Duly adopted this 17 day of July, 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 SANFORD-The arrangement here is there is an escrow situation and it involves three parties. It involves our Attorney serving as agent the Corporation that is forming the Transportation Company and the Town. It states in the agreement that the escrow agent compensation shall be paid by the Town. I guess if it’s very insignificant it’s not a big deal, but I’m not sure why we the Town would want to pay for the escrow arrangement when it’s the Transpiration Company who is really getting the benefit of the approval. ATTORNEY JOHN LAPPER-I can tell you simply that in the interest of just getting this done that the Town Attorney sent me over that form that he had just recently approved on another project and I had no problem with it so it wasn’t something that I proposed. COUNCILMAN SANFORD-I’m not saying you did I’m just wondering what are we talking about. ATTORNEY LAPPER-All they do is hold the share certificates so if something goes wrong and you want to take them you can just keep the company and its assets because you have the right to acquire it the escrow is just for the shares of the stock. COUNCILMAN SANFORD-In my opinion there shouldn’t be any cost. ATTORNEY LAPPER-Right, I don’t think there would be either you are right. COUNCILMAN SANFORD-The other question I do have though you would be a good authority on this even though it doesn’t involve you. Miller, Mannix is going to be the escrow agent and as you know it’s no secret we are doing an RFP for Legal Services we’ve had a big huge response. If for some reason, we go with another firm what are the logistics in terms of assigning the escrow agents responsibility to a new Town Attorney. ATTORNEY LAPPER-Good way to put it just to add in there to say that if they are replaced with another Town Attorney that they… COUNCILMAN BOOR-Attorney of record. ATTORNEY LAPPER-Yeah. REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 429 COUNCILMAN BREWER-It would just transfer. COUNCILMAN SANFORD-It may actually be in the agreement do you know if it’s in the agreement. ATTORNEY LAPPER-I don’t recall. COUNCILMAN SANFORD-They are talking in the agreement when I was reading through it they are talking about what happens in certain cases. ATTORNEY LAPPER-We could just add as you are saying that there will be a successor. COUNCILMAN SANFORD-If you are willing to do that then I’m fine with that. COUNCILMAN BOOR-Can we add that language Karen? DEPUTY CLERK O’BRIEN-I will take it off the tape. COUNCILMAN BREWER-That would be the same with all Town documents they are the Town documents not the Attorney’s. COUNCILMAN SANFORD-I actually read through all this and I kind of touched upon it Tim I just wanted to make sure that it was on the record. COUNCILMAN BREWER-I think it’s a worry we don’t have to have really. I mean they can’t really do anything with them can they if it is made out to the Town. ATTORNEY LAPPER-If there is a new Attorney it ought to get assigned to them. COUNCILMAN SANFORD-As, I said these are technical questions I had that’s all. RESOLUTION ADJOURNING QUEENSBURY TOWN BOARD MEETING RESOLUTION NO. 353, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from their Regular Town Board Meeting. th Duly adopted this 17 day of July, 2006, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford REGULAR TOWN BOARD MEETING 07-17-2006 MTG#27 430 Noes: None Absent:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury