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2006-10-02 MTG39 REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 686 REGULAR TOWN BOARD MEETING RES. 459C-470 ND OCTOBER 2, 2006 B.H. 24-25 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 PRESS POST STAR, TV 8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RICHARD SANFORD SUPERVISOR STEC-Opened meeting. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 459 (C), 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. nd Duly adopted this 2 day of October, 2006, by the following vote: Ayes: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ANDREA PEEK RESOLUTION NO.: BOH 24, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 687 SECONDED BY: Mr. Richard Sanford WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Andrea Peek has applied to the Local Board of Health for a variance § from Chapter 136, 136-11, which requires an applicant to obtain a variance for a holding tank and the applicant wishes to install new, Code-compliant sanitary holding tanks on property located at 108 Rockhurst Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, October 16, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Andrea Peek’s sewage disposal variance application concerning property located at 108 Rockhurst Road, Queensbury (Tax Map No.: 227.9-1-11) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. nd Duly adopted this 2 day of October, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 25, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 688 nd Duly adopted this 2 day of October, 2006, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford Noes: None Absent:None 2.0CORRESPONDENCE DEPUTY TOWN CLERK-Town of Queensbury 2007 Tentative Budget Budget Summary & Tax Rate Estimates on file in Town Clerk’s Office copies to be available to public after Town Board review. 3.0INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 4.0PRIVILEGE OF THE FLOOR PLINEY TUCKER-41 DIVISION ROAD, QUEENSBURY-Questioned if Supervisor Stec signs tax warrants for fire companies budgets to collect taxes? SUPERVISOR STEC-No. MR. TUCKER-Who does? SUPERVISOR STEC-Asked the point of Mr. Tucker’s question. MR. TUCKER-Questioned who authorizes taxes to be collected? SUPERVISOR STEC-The Town Board collects the taxes for the fire…. MR. TUCKER-Questioned if anyone has to sign a warrant? SUPERVISOR STEC-They are not fire districts. We contract for services same as when you were on the Town Board and collect them. We set the tax rate to collect them in order to cover contracts and the other non-contractual costs. MR. TUCKER-Last meeting spoke about the library. The subject was brought up by the board that we did not have any control over the money. SUPERVISOR STEC-The library budget we do not we never have even when you were on the board. MR. TUCKER-Questioned what the reason is. SUPERVISOR STEC-None of us are the Governor, Senate or Assembly that set up the library-taxing district back in the early nineties. BUDGET OFFICER, SWITZER-It is the same thing as the school tax. REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 689 COUNCILMAN SANFORD-Four Fifty Six is the Enabling Law that was passed in 1992. JOHN SALVADOR-Spoke to the board regarding the Town Clerk forwarding the three differently worded resolutions to the Warren County Board of Elections, which are now on the County Attorney’s desk. It should not be forgotten that the County Attorney was the Town Attorney when this Town delivered a home rule resolution to the New York State Legislature in support of Chapter 456 of the Laws of 1992 without said home-rule resolution supported by a town-wide referendum the legislature was powerless to act in the creation of the Crandall Public Library. Spoke to the board regarding the legislation noting it specifically calls for the library to hold a public hearing on their budget they have carefully framed the time period in which it must be held. You have already put the proposition on the ballot the public hearing has not been held yet, questioned the sense of the public hearing. Asked where it says that the board must put this on the ballot. Read the enabling legislation noting it does not say anything about the election that you must put it on the ballot. Why doesn’t the library put it on the ballot? Spoke to the board regarding tax warrants noting he went to the County and asked Ms. Parsons, the Clerk of the Board of Supervisors who signs the tax warrants for Crandall Library noted she does. Asked who gave her the authority Warren County Board of Supervisors. Asked where they get the authority to levy a tax on us in this Town noted they are trying to sort this out. Spoke to the board regarding Section 9 of the Enabling Legislation Improvement District. Presented to the board last years Crandall Library Renovation Project Ballot Proposition read the proposition the wording is in direct contravention of the enabling legislation, questioned whose suggestion was it to put it on the ballot. PAUL NAYLOR, WEST GLENS FALLS-Spoke to the board regarding Resolution Setting Public Hearing Concerning Proposed Establishment of Capital Reserve Fund No. 66 for Construction/Reconstruction of Town- Wide Drainage, questioned if this for all over the Town? SUPERVISOR STEC-We currently have a North Queensbury, Ward One drainage capital reserve ultimately our goal is to expand that so it is a capital project for town-wide drainage. For big projects like the one, we just did on Thunderbird Drive or Potter Road or anything that might to come in the future. MR. NAYLOR-Asked if it could be used for the property by Minogues. COUNCILMAN BOOR-It could be used over there. The Town had put an offer on the table has yet to be accepted by the individual who could probably benefit most from it. MR. NAYLOR-Questioned who is paying? COUNCILMAN BOOR-We are willing to pay a portion if they act relatively quickly. MR. NAYLOR-Questioned what the alternative would be? REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 690 COUNCILMAN BOOR-The alternative is they can take legal action against private enterprise. COUNCILMAN SANFORD-Dan and a bunch of other people, staffers from the County as well as the Town as well as I have worked closely with the affected party as well as with the businesses that own the property where the culvert is causing the problem. We reached an agreement with them to have them replace the culvert. We would provide some assistance to them the lion share would be paid for by the property owners. I contacted the affected property owners by then she had secured legal counsel. At the advice of her counsel, she was not prepared to drop the litigation. MR. NAYLOR-She has good grounds. COUNCILMAN SANFORD-The point is the property owners also I think felt that at that particular point in time since they were faced with litigation it might not have been in their best interest to move forward and remedy the situation and then take that particular for lack of a better word bargaining chip off the table. Right now, I have heard nothing it is sort of in a stalemate right now hopes to follow through to find out where things are. Thought we had a very positive constructive solution a good plan that I thought would have been a real win win for everybody. Speaking for the Town we want this to be fixed thinks the property owners want to fix it. COUNCILMAN BREWER-That does not preclude us from doing any drainage anywhere else in the Town with this money. BERNARD RAHILL-37 WINCREST DRIVE, QUEENSBURY-Spoke to the board regarding Saratoga Associates noted he was very heartened when they said because of the attractiveness of Queensbury you are in the catbird seat, asked each board member how they interpret this. COUNCILMAN BOOR-My interpretation was that as a community as one of the few communities we have a surplus we do have a beautiful environment that is still able to be protected. Certainly, we are at the cusp of where if we do something wrong it could be dramatically bad. We still have a lot of pristine beautiful properties if we have a good vision and a plan in place we can maintain and develop appropriately. My take on it is we have not gone too far, we have the means monetarily, and hopefully the political good will to do the right thing. COUNCILMAN BREWER-I think Roger said it pretty well. We are also in an envious spot so we have to be careful that we don’t get overcome with development in the Town and just let it go askew. In other words, people want to be here and they will do pretty much anything to be here so we have to watch ourselves and be careful not to let them just do anything they want. MR. RAHILL-Questioned if anything is being done directly or intentionally in the Town to make sure that everyone knows that you are in the catbirds seat. REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 691 COUNCILMAN SANFORD-I don’t know what it means to be in the catbirds seat what does it mean. COUNCILMAN BOOR-It is usually enviable and controlling. COUNCILMAN SANFORD-It depends on what the issue might be. I think there are a lot of very positive things about Queensbury. I think there are some things that need to be improved within Queensbury. Depending on the issue, we may be in a good position as a Town and other areas I think we have our work cut out for us. I don’t necessarily agree with it I believe you opened it up by stating it was their representation clearly not that of the Town Board. Yes, visa vie the other communities I think we have some greater revenues flowing into this area that can enable this board to do things that other communities can’t do that’s a positive. We also have the stresses associated with the growth and we have to come to terms with those as well. MR. RAHILL-Spoke to the board regarding Tribune Financial asked the board are they trying to attract them into Queensbury. SUPERVISOR STEC-Not at liberty to discuss who the tenant is. MR. RAHILL-Questioned if that is being in the catbird seat. SUPERVISOR STEC-I think being in the catbird seat means that you are in a place where you can control and attract desirable changes in your community and we are in that position. MR. RAHILL-I disagree with all of you. I think we should have a moratorium on commercial development and a moratorium on residential development in Queensbury. I think we are developing too quickly and I think we are not in control. Spoke about this when the Association for Queensbury was started told people it is not the fiduciary of the Town Board to make your property go up in value. It is something that they should do though because this Town needs people to make sure that we have good properties and we also have good residential area, but also that it is not overdeveloped. COUNCILMAN SANFORD-I think there is a distinction between sprawl growth, residential development, retail development, and providing employment opportunities to the Town. I think also Queensbury should not be looked at in a parochial sense we should be looking at the general area that we all live in. We are not at liberty to go into great detail on this particular project at this time. I think it is important to note that one of the things that I thought was very relevant was not losing a strong viable job producing employer to leave the area and move to some other location out of this whole economic area namely out to western New York State or out of the State entirely. I have to respectfully disagree with you in the sense of what we are trying to do here is to maintain and grow and bring a viable employer in to serve not necessarily the best interest of just Queensbury, but Queensbury, the Greater Glens Falls area, and Warren County in general. I think that the efforts that have been taken by the Queensbury Economic Development Corporation on our behalf are to be applauded in this case. From a historical perspective, we all know that this area has lost tremendous REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 692 jobs from the sixties right on through to the present this was a great opportunity for us to hold on to them. SUPERVISOR STEC-Bernie, I could not disagree with you more. That is why I spent the lion share of the last two months of my life trying to save four hundred jobs for area residents. I think that is very critical to the job I have been elected to do. If you want to knock on four hundred doors and tell four hundred fathers or four hundred mothers and their kids, well we want more open space so we lost four hundred jobs and your Daddy has to move and find another job somewhere that’s your mission it is not my mission. MR. RAHILL-If you are in the catbirds seat, you are doing a deal, and nobody knows about the deal there is lack of transparency. COUNCILMAN BOOR-The area that we are talking about is really only appropriate for certain types of uses. I think that the particular business that is going to put application in is as good as it gets as far as how that is zoned. COUNCILMAN BREWER-I don’t know who said we were giving anything anyway. COUNCILMAN BOOR-We are not giving anything away. GEORGE DRELLOS-27 FOX HOLLOW LANE-Questioned if the Andrea Peek resolution was the property in Rockhurst? SUPERVISOR STEC-Yes, last we asked them to come back with a holding tank and that is what they are doing. MR. DRELLOS-Asked if it is safe to assume if that is what we are going to be going to holding tanks in that area. SUPERVISOR STEC-I think you will see more not less. COUNCILMAN BOOR-We are doing what we are allowed to do. SUPERVISOR STEC-Where appropriate we have been that is a trend, but only where it is allowed. MR. DRELLOS-Spoke to the board regarding Resolution Setting Public Hearing Concerning Proposed Establishment of Capital Reserve Fund No. 66 for Construction/Reconstruction of Town-Wide Drainage asked what the amount would be. SUPERVISOR STEC-In the reserve that we have now we have $450,000. This year alone we have done at least $50,000 worth of capital level drainage infrastructure work. COUNCILMAN BREWER-If you know the number we budgeted last year they have done that plus $30,000. SUPERVISOR STEC-We had an expense line with the routine maintenance. What we ended up doing in two locations this year and one location the year REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 693 before was brand new infrastructure significant in nature. Historically we budgeted the expense about $50,000 a year maybe $80,000 a good chunk of that is stuff we could have used capital reserve. COUNCILMAN BOOR-It doesn’t preclude this money, which is up until fifteen minutes from now only for Ward One. That money has been available to Ward One residents for sometime. I have tried to make a public awareness of this money noting nobody has come forward saying we have an issue can we get some help with funding. In a few instances where this has happen there is usually one property holder that says I am not going to allow an easement across my property which pretty much kicks any engineer plan. Rather than have this considerable amount of money tied up only for use in Ward One we are essentially saying, when we look at what the weather has been like and the types of problems we have had Town-wide maybe it is more appropriate to open this up for anyone in need throughout the Town. SUPERVISOR STEC-The $450,000 that may last depending on the project five to ten years or maybe even more. Certainly, if it starts getting down there five to ten from now we may need to give another influx of capital from our CIP into it we can. It is to allow us to tackle some larger capital projects that come up and not kill a smaller drainage budget that is really designed for routine maintenance work. COUNCILMAN SANFORD-This is not restricted to the extent that if we put money into this fund and earmark it for these things that if the occasion should arise down the road we could not reverse those decisions we can. This is a prudent planning device on the part of the Town recognizing we have some infrastructure needs to try to earmark funds for that. If down the road things change those monies by resolution of this board could be pulled out and used in some other way. MR. DRELLOS-Questioned if Aviation Road is a County project. SUPERVISOR STEC-The County and the State DOT is the one who let the project out to bid and Kubricky was the successful bidder. MR. DRELLOS-Asked when the completion date would be. SUPERVISOR STEC-Late November to finish all the sidewalk work early November completion of the road. MR. DRELLOS-Asked if the board was going to sign the contract with Time Warner? COUNCILMAN STROUGH-We have not signed a contract. DONALD SIPP, COURTHOUSE DRIVE-Asked the status of the Courthouse Homeowners Association request for erecting stop signs on Courthouse Drive where it meets Forest Drive and Equinox Drive where it meets Forest and Courthouse. SUPERVISOR STEC-Does not recall seeing the letter. REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 694 COUNCILMAN BOOR-Remember this noted he drove by it was not apparent that it was necessary, but that was just the time I drove by I cannot predict what it would be like during busy times. The board has not discussed this. MR. SIPP-Would like to report back to the Homeowners Association. There is a line of sight problem on the Courthouse/Forest Drive. There is a curve another line of sight that sits from Equinox. COUNCILMAN BOOR-Will stop over to look at it. PETER BROTHERS-Spoke to the board regarding Crandall Library noting there was debate whether to put the resolution on the ballot informing the voters of the percentage increase in the budget does not think there is any problem with this. Monica Duffy the Attorney for Crandall Library had said when we do things like this puts a percentage increase or something to that effect on the ballot made reference to school budgets “reeks of electioneering”. When you hide that information from the public it reeks of secrecy, thinks it is disgraceful. Does not see any reason why we shouldn’t have the information on the ballot. It is not a means to try to get people to vote against it, it is a matter of informing the public, applauded Councilman Sanford for taking the initiative. Spoke to the board regarding property located at 208 Lake Parkway noting they have excavating equipment on the property they have already excavated and have been doing a lot of digging the permit has been issued without any regard to being in a critical environmental area going through the review process. There are different set of standards for different people. I know individuals that have been put through the ringer there was no environmental impact in this same type of situation, but other people get to walk right through. Read from the New York State Residential Code. Read the following: Chapter 25, Plumbing Section P2502- Existing Plumbing Systems. Read Chapter 26, Section P2602.1.1 Individual Water Supply Sources and Section 2602.1.2, Individual Treatment Systems. Asked the board to look at this application thinks it has not been given the review it should have. People have clear-cut the property in a critical environmental area. You depend on the lake for not only tourism, tax revenue, and this kind of activity is what is going to precipitate the lakes decline if you continue to allow this to occur. COUNCILMAN SANFORD-Informed the public that the Board of Elections at Warren County consulted with the County Attorney and it was of his opinion that the Library language will be what is put on the ballot in November. Stated he has no regrets in raising the issue believes in the Court of Public Opinion, disappointed, but thinks it was the appropriate action that the board took. MR. BROTHERS-Believes Councilman Sanford did the right thing. COUNCILMAN STROUGH-The Planning Board has requested that we change the code to enable the Planning Board and other to be able to review projects such as this one because it is in a CEA. We thought it might be wiser to allow it go through the Comprehensive Land Use process that we are currently going through. Maybe we ought to think again and accelerate REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 695 at least this one item. We did get an analysis of how many projects might be involved in a review process. SUPERVISOR STEC-We need to narrow it. COUNCILMAN STROUGH-We could reword this and maybe satisfy everything it is one more thing on our list to look at. SUPERVISOR STEC-Let’s wait until after Thanksgiving on that. COUNCILMAN BOOR-I agree with both of you. We could reword it to something like waterfront property. SUPERVISOR STEC-We need to narrow it down. It is a good idea, but as suggested to the Town Board by the Planning Board it represents roughly eighty additional applications a year that is almost a year’s worth of work. Perhaps we need to send it back to the Planning Board saying this represents about eighty a year can you pear it down to some more manageable perimeters. There are certainly some instances where a site plan review is a good idea in a critical environmental area. COUNCILMAN STROUGH-My other point is sometime I hear Craig Brown or Dave Hatin’s name dragged into it. When I looked into it, it is just the way the code is written. SUPERVISOR STEC-I agree with you. 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER-Spoke to the board regarding the memo from Keith Shearer and Joanne Watkins regarding the storage building at the Transfer Station. The building is in disrepair the bricks are coming apart they are falling in. There are tin doors on the building would like to get it replaced and put a building that is suitable there so they can put equipment inside. The prices we got were around twenty thousand dollars would like to move forward with this. If anyone has an issue with it please see me after the meeting. COUNCILMAN BOOR-No issue. There was the issue of not owning the property. SUPERVISOR STEC-We need to renew our agreement with the City for the Transfer Stations in general. Their resolution to us said they were willing to do it, but it was not a final authority thing. COUNCILMAN BOOR-I am for it Tim I am going to support it. COUNCILMAN BREWER-The City owns the property Roger. When they closed the landfill on Luzerne Road somewhere along the line, we made a deal with the City back in 1992, 1991 that the Town would maintain the Transfer Station on Luzerne Road on the City’s property. I have asked for a copy of the agreement no one can seem to find it. I will try to locate the agreement and see if we can get it, Bob Hafner is working on this. REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 696 COUNCILMAN STROUGH-No problem. COUNCILMAN BREWER-I will try to move forward get this out to bid to see if we can get this done this year. COUNCILMAN STROUGH-Spoke to the board regarding feedback received regarding the Proposed Emergency Services Apparatus Needs Assessment noted some of the comments coming in from the fire personal. When vehicle purchases are done, you should look at the current long-term debt, buildings, and vehicles and other. They have also suggested something about the readily trained and available manpower for the apparatus they are requesting how it fit in with the regions long-term comprehensive strategy noted he thought these were good suggestions. Spoke to the board regarding the upcoming events in October regarding the Queensbury Seniors Citizens and Annual Fall Waste Pick-Up. COUNCILMAN SANFORD-Spoke to the board regarding the Town being faced with many things that have to be done. Working on the Comprehensive Land Use Plan, we are going to be moving into the Zoning 179 issues. The Town Budget needs to be reviewed. Fire Budget and Capital Acquisitions requests we have to deal with these. We have to interview make a selection for the Executive Director of Community Development. Legal RFP’s have been turned in we have to begin the process of reviewing them and make selection for legal services for next year. Town Engineer likewise. The Planning Board and Zoning Board both appointed boards have vacancies we have to work to get those vacancies filled. Noted the departure of Budget Officer, Jennifer Switzer wished her well noting this is another vacancy that has to be filled, recommended that at least now through early December that the Town Board strive to meet twice a week through the next five or six to address some of these issues noted he is available and thinks it is needed. COUNCILMAN BOOR-Spoke to the board regarding the Town Budget from the discussions that were held hopes to come close to what is proposed thinks it is a budget the board can be proud of. SUPERVISOR STEC-I appreciate the complement. COUNCILMAN BOOR-Thinks it sets a good example of what can be done. I think this board on many instances has tried to be as fiscally tight as is politically acceptable. Thanked the board for the timely response of his request regarding the Macchio litigation everyone agrees on the route that we are going to take will forward this to the Attorney tomorrow to let the proceeding begin. SUPERVISOR STEC-Thanked Glens Falls National Bank and TV8 for sponsoring the Town Board Meetings also noted the Towns website www.queensbury.net. Spoke to the board regarding the Route 9 and 254 Improvement Project noting they are getting close to completing the curb work the next phase will be the asphalt work and the stripping and last the pedestrian improvements this project should be done in November thinks traffic should be back to normal first week in November. Spoke to the board REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 697 regarding the Town Budget. We have a plan to bring all the board members up to speed on the particulars of where I think the board is going to want to focus certainly the board will be encourage to talk to any and all department heads one on one in preparation to a budget meeting. Would like to propose any one or two of the middle three days the Tuesday, Wednesday, and Thursday would like to have a Special Workshop to focus on the budget and any other smaller housekeeping items. Recommended board members to contact Lisa Stiller or Jennifer Switzer to schedule a thirty-minute window to come in with their concerns regarding the budget. Supervisor Stec gave a brief review of the budget noted power point presentation and a public hearing will be held regarding the budget. Hopes that they can be in a position on the thirtieth to adopt the Preliminary Budget and set a public th hearing for November 6. Public Hearing regarding Comprehensive Land th Use Plan is scheduled for October 16, 2006 looking for public participation. 6.0 RESOLUTIONS RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES RESOLUTION NO.: 460, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Budget Officer has advised the Town Board that the Town is eligible to apply for reimbursement funds from the New York State Office of Children & Family Services (NYS OCFS) relating to the support of the Warren County Youth Court, and WHEREAS, the Budget Officer has requested Town Board authorization to prepare a fund application in the amount of $5,000 or 33% of the total amount of support proposed for the Warren County Youth Court in 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Budget Officer to prepare the application for Youth Development/Delinquency Prevention Youth Services Funds from the New York State Office of Children and Family Services and further authorizes and directs the Town Supervisor and/or Budget Officer to execute the funding application and take any other action necessary to effectuate the terms of this Resolution. nd Duly adopted this 2day of October, 2006, by the following vote: REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 698 AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOTS IN PINE VIEW CEMETERY FROM ROGER AND MADELINE FARR RESOLUTION NO.: 461, 2006 INTRODUCED BY : Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY : Mr. Richard Sanford WHEREAS, the Town of Queensbury Cemetery Commission previously sold two (2) cemetery lots in the Pine View Cemetery to Roger and Madeline Farr – Plot No.: 25-C, Mohican Section, and WHEREAS, Mr. and Mrs. Farr wish to sell such lots back to the Cemetery Commission, and WHEREAS, the Cemetery Commission and Cemetery Superintendent recommend re-purchase of the lots and requests approval of the re-purchases from the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re-purchase of lots in the Pine View Cemetery from Roger and Madeline Farr (Plot No.: 25-C, Mohican Section – two graves) for the amount of $467, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such respective amounts to the respective sellers and properly account for the sales in the Town’s books and records. nd Duly adopted this 2 day of October, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPOINTING VIRGINIA ELLIS, CLAUDE WHITE AND JOSEPH KELLEHER AS SUBSTITUTE REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 699 PART-TIME SCHOOL TRAFFIC OFFICERS RESOLUTION NO. 462, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, additional substitute School Traffic Officer (Crossing Guard) part-time positions exist within the Town of Queensbury and the Town Board wishes to make appointments to these positions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Virginia Ellis, Claude White and Joseph Kelleher as substitute, part-time School Traffic Officers (Crossing rd Guards) effective October 3, 2006 at the current rate of pay for the position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Budget Officer to complete any forms and take any actions necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of October, 2006, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT:None RESOLUTION AUTHORIZING APPOINTMENT OF TAMMIE A. LAMPHEAR AS CLERK IN TOWN CLERK’S DEPARTMENT (RECEPTION AREA) RESOLUTION NO.: 463, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, there is a vacancy in the Clerk position in the Queensbury Town Clerk’s Department (reception area), and REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 700 WHEREAS, the Town Clerk posted availability and reviewed the current Warren County Civil Service List for the position, reviewed resumes and interviewed candidates, and WHEREAS, the Town Clerk has recommended that the Town Board authorize the provisional employment of Tammie A. Lamphear as a Clerk in the Town Clerk’s Department (reception area) as Ms. Lamphear is listed as one of the top three (3) candidates on the Warren County Civil Service List for the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Tammie A. Lamphear as a Clerk in the Town Clerk’s Department (reception area) effective on or about nd October 2, 2006, subject to a six (6) month probation period, completion of a pre- employment physical as required by Town Policy and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that Ms. Lamphear shall be paid $13.48 per hour (the rate of pay delineated for the position in the Town’s Agreement with CSEA) to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of October, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brerwer, Mr. Stec, Mr. Boor NOES : None ABSENT : None RESOLUTION AUTHORIZING TRANSPORTATION AGREEMENT BETWEEN CITY OF GLENS FALLS – GREATER GLENS FALLS TRANSIT SYSTEM AND TOWN OF QUEENSBURY RESOLUTION NO.: 464, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 701 SECONDED BY: Mr. Roger Boor WHEREAS, the City of Glens Falls operates a public mass transportation system known as the Greater Glens Falls Transit System (Transit System) which provides transit bus service within portions of Saratoga, Warren and Washington Counties, and WHEREAS, the Town of Queensbury’s current Transportation Agreement with the st Transit System will expire December 31, 2006 and the Transit System has submitted a new Transportation Agreement for January 1, 2007 through December 31, 2008 to the Town for approval, and WHEREAS, such Agreement provides for the continuance of an Advisory Transportation Committee consisting of two members from the Transit System and two members from each participating community, and historically the Town of Queensbury’s two representatives have been the Town Supervisor and Executive Director of Community Development, and WHEREAS, the Town Board believes that this public transportation service benefits and serves the public interest of Town residents, and WHEREAS, a copy of the Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Transportation Agreement between the City of Glens Falls’ Greater Glens Falls Transit System and Town of Queensbury presented at this meeting for an amount of $51,772 annually for 2007 and 2008, to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the appointment of the Town Supervisor and Stuart Baker as the Town of Queensbury’s representatives on the Greater Glens Falls Transit System Advisory Transportation Committee, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 702 nd Duly adopted this 2 day of October, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: SUPERVISOR STEC-Historically the Town Supervisor and the Executive Director for Community Development have served on the Advisory Committee noting it doesn’t have to the be the Executive Director it could be another Town Board Member or Staff member it was the decision of the Town Board to add Stuart Baker to the resolution. COUNCILMAN SANFORD-Noted the price it is up about ten percent from last year a lot of that is due to the cost of fuel going up. SUPERVISOR STEC-Fuel and health insurance is what drove the budget up this year. COUNCILMAN STROUGH-Recommended adding language to the contract noting some of the items were not clear in the contract. Has spoken with Scott Sopczyk Transportation Director for Greater Glens Falls Transit Authority he is in agreement. Article III, Paragraph 2. The contract does say that the participant, meaning Queensbury as one of the participants decides the bus stop locations, erects and maintains the bus stop station. It then says any advertising revenue that is obtained from advertising on these facilities would go to the Transit Authority. What is not clear, I think we as a board probably do not want advertising on our bus station terminals. The contract also does not address if the bus stop location such as Wal-Mart is privately owned. Recommended the following changes Mr. Sopczyk suggested putting it as an addendum to the contract Article III: General Duties of Participants. (1) In the Town of Queensbury advertising will not be allowed on it designated bus stop shelter. (2) In the Town of Queensbury if the Town’s designated bus stop shelter is privately owned, erection and maintenance shall be the responsibility of the owner, board in agreement. Also asked if there was a bus replacement program where they replace smaller more efficient buses with large buses noted they do this. RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED CONNECTOR ROAD CAPITAL PROJECT RESOLUTION NO.: 465, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury Budget Officer has advised the Town Board that it is necessary to purchase land as part of the renovations of the Connector Road in the Town of Queensbury as more clearly set forth in her Memorandum to the th Town Board dated September 25, 2006, and WHEREAS, such proposed Project shall not exceed the amount of $304,000 and is requested to be a part of the Capital Improvement Plan and financed through the Capital Reserve Fund, and REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 703 WHEREAS, in accordance with the Town’s revised Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th October 16, 2006 to hear all interested persons and take any necessary action provided by law concerning establishment of any required capital reserve account and the funding of the proposed Connector Road Capital Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed Capital Project in the manner provided by law. nd Duly adopted this 2 day of October, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT : None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED ESTABLISHMENT OF CAPITAL RESERVE FUND NO.: 66 FOR CONSTRUCTION/RECONSTRUCTION OF TOWN-WIDE DRAINAGE RESOLUTION NO.: 466, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to establish a Capital Reserve Fund for Town-Wide drainage in accordance with New York State General Municipal Law §6(c), and WHEREAS, the Town Board must conduct a public hearing before establishment of such Capital Reserve Fund, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 704 RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th October 16, 2006 to hear all interested persons and take any necessary action provided by law concerning establishment of a Capital Reserve Fund for the purpose of construction/reconstruction of Town-Wide Drainage, such proposed new Capital Reserve Fund to be known as Town-Wide Drainage Fund #66, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed establishment of Capital Reserve Fund #66 in the manner provided by law. nd Duly adopted this 2 day of October, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – ND WARRANT OF OCTOBER 2, 2006 RESOLUTION NO.: 467, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of September 28, 2006 and a payment due date of rd October 3, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thrd run date of September 28, 2006 and payment due date of October 3, 2006 and totaling $292,360.35, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 705 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. nd Duly adopted this 2 day of October, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT:None 7.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE 8.0 EXECUTIVE SESSION RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 468, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session for discussion of litigation and discussion of matters that involve employment history of individuals. nd Duly adopted this 2 day of October, 2006, by the following vote: Ayes: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor Noes: None Absent: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 469, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session nd Duly adopted this 2 day of October, 2006, by the following vote: REGULAR TOWN BOARD MEETING 10-02-2006 MTG# 39 706 Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford Noes: None Absent:None NO ACTION TAKEN DURING EXECUTIVE SESSION RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 470, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. nd Duly adopted this 2 day of October, 2006, by the following vote: Ayes: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough Noes: None Absent:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury