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1998-08-03 REGULAR TOWN BOARD MEETING AUGUST 3, 1998 7:00 P.M. MTG#39 RES#292-302 BH 37-40 TOWN BOARD MEMBERS SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS CONTROLLER, HENRY HESS HIGHWAY SUPERINTENDENT, P AUL NAYLOR DEPUTY HIGHWAY SUPERINTENDENT, RICK MISSITA PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MERRILL SUPERVISOR CHAMPAGNE-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 292.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 3rd day of August, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentNone PUBLIC HEARING SEWER VARIANCE - WILLIAM COOK NOTICE SHOWN OPENED 7: 03 P.M. SUPERVISOR CHAMPAGNE-This sewer variance deals with Mr. Cook's request is Mr. Cook with us this evening? COUNCILMAN TURNER-He is eighty-five years old... ... SUPERVISOR CHAMPAGNE-I understand he is eighty-five years old evidently not able to be with us. We do have a letter here from Mr. Hatin. August 3, 1998 Town Board Re: William Cook Septic Variance 23 East Branch Road Dear Board Members: The Cooks are requesting to replace a leachfield 85 feet from the river, versus the required 100 feet. Due to property constraints, and assuring that they meet the distance to neighboring wells, this is the only location on the property where the septic system would fit for the size of the system required for this residence. I see no reason why the Town Board could not approve this septic variance. Sincerely, David Hatin Director Building & Code Enforcement SUPERVISOR CHAMPAGNE-With that read into the record is there anyone here this evening for or against this variance? Anyone from the board? COUNCILMAN TURNER-I think Pliney explained last meeting that it was a pretty critical area where he had to put the septic system and that's the only place he could put it. I don't know what else to tell you I think it is a proper application it should be entertained. SUPERVISOR CHAMP AGNE- That's good enough for me. We'll close that public hearing I guess we can vote it. PUBLIC HEARING CLOSED RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR WILLIAM COOK RESOLUTION NO.: 37.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, William Cook previously filed a request for a variance from a provision of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provision being more specifically that requiring that there be a one-hundred feet (100') distance between the absorption field and the Hudson River, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on August 3rd, 1998, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance granted is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variance to William Cook allowing the placement of the absorption field eighty-five feet (85') from the Hudson River in lieu of the required one-hundred feet (100') distance on property situated at 23 East Branch Drive, Queensbury and bearing Tax Map No.: 133-1-6. Duly adopted this 3rd day of August, 1998, by the following vote: AYES : Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR VARIANCES FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR RANDY RIVETTE RESOLUTION NO.: 38.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by law the Town Board of the Town of Queensbury is also the Local Board of Health for the Town of Queensbury and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, Randy Rivette has applied to the Queensbury Local Board of Health for four (4) variances from the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such application requesting that there be: La leach field installed eighty feet (80') from the well in lieu of the required one-hundred feet (100') setback; La leach field installed one foot (l ') from the front property line in lieu of the required ten feet (10') setback; La leach field installed ten feet (10') from the dwelling in lieu of the required twenty feet (20') setback (and leachfield will be close to the basement floor elevation); and La septic tank installed three feet (3') from the foundation in lieu of the required ten feet (10') setback (and the tank will be close to the basement floor elevation); NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 17th, 1998, at 7:00 p.rn., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Queensbury to consider Randy Rivette's application for four (4) variances from the Town's Sewage Disposal Ordinance on property situated at 57 Sullivan Place, Queensbury, New York and bearing Tax Map No.: 38-1-4 and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing as required by law and also mail copies of the Notice to the adjoining neighbors located within five-hundred feet (500') of the subject property. Duly adopted this 3rd day of August, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT:None RESOLUTION RESCINDING TOWN OF QUEENSBURY LOCAL BOARD OF HEALTH RESOLUTION 01.98 CONCERNING SANITARY SEW AGE DISPOSAL VARIANCE FOR JOHN AND KATHLEEN SALVADOR RESOLUTION NO.: 39.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Local Board of Health of the Town of Queensbury previously adopted Resolution No.: 01.98 which granted a variance from the Town of Queensbury On-Site Sewage Disposal Ordinance to John and Kathleen Salvador to allow a holding tank on property situated at 2999 State Route 9L, Queensbury, Tax Map No.: 10.-1-17.1, and WHEREAS, Mr. and Mrs. Salvador have requested that the Local Board of Health of the Town of Queensbury rescind Resolution No.: 01.98 and the Local Board of Health concurs with this request, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health of the Town of Queensbury hereby rescinds Resolution No.: 01.98 such that the variance from the Town of Queensbury On-Site Sewage Disposal Ordinance granted to John and Kathleen Salvador allowing a holding tank on property situated at 2999 State Route 9L, Queensbury, Tax Map No.: 10.-1-17.1 is hereby rescinded. Duly adopted this 3rd day of August, 1998, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MERRILL-Why don't we ask John why he is asking us to rescind this? MR. SAL V ADOR- The reason I'd like to speak tonight is that I've read your draft resolution and I think you should say more about the fact as Mr. Merrill pointed out why are you rescinding this resolution. The only reason that I have requested it is that your resolution encumbered our land on certain conditions for future development, but aside from that the Health Department would not allow this was in violation of their Ordinance. I think that should be spelled out in your resolution in your whereas. For instance the resolution you passed spoke of the fact that you were granting the variance because it would not materially be detrimental to the purposes and objectives of the Ordinance that's not a true statement. You found that the variance was necessary for the reasonable use of the land and that the variance is granted as a minimum variance. Are we saying now that without this variance if you rescind this we're back to no reasonable use of the land? SUPERVISOR CHAMPAGNE-I'm not sure that I want to answer that at this point Counsel if you choose to do so that's up to you. TOWN COUNSEL, MR. SCHACHNER-I will give the board this advice. I disagree with the applicant's contentions. I do not believe that the previous variance encumbered the property. I do not believe that the Health Department has in writing at least denied any approval of this specific applicant's specific request for a holding tank. I don't believe that the variance language you previously adopted was incorrect. It is our opinion as counsel that an applicant has come before you who had previously sought something from you that he no longer wishes to utilize and in fact he has made a request in writing that an approval that you previously granted to himself be rescinded. It is our general advice that when an applicant seeks to have something rescinded that was issued for their benefit why not accommodate that request? You have a memo from Chris Round that specifically, I'm sorry you have a copy of a letter from Chris Round in which he indicates that in fact the variance does not preclude Mr. Salvador's propose site investigation or pursuit of an alternative design. We prepared the proposed resolution strictly in response to Chris Round's request that we do so which in turn was in response to Mr. Salvador's request and the resolution as written indicates only that Mr. & Mrs. Salvador have requested that the Board of Health rescind the resolution. If you wish to do that we're comfortable with that and we recommend you do that. I would absolutely recommend against you adding the reasons that the applicant indicates he wants you to add because I don't believe they are factual or legally correct. SUPERVISOR CHAMPAGNE-Excuse me John what's the board's position on this to move ahead with the resolution or are we going to debate it? COUNCILMAN MERRILL-We've asked for legal advise on this I yield to our legal counsel. SUPERVISOR CHAMPAGNE-How about you Ted? COUNCILMAN TURNER-He's requested that it be withdrawn we're not encumbering the land. SUPERVISOR CHAMPAGNE-That's exactly what we're doing. COUNCILMAN TURNER-We're just withdrawing the resolution. SUPERVISOR CHAMPAGNE-Motion was made and seconded any further discussion among the board members, hearing none please vote. MR. SALVADOR-Will my letter to Chris Round dated June 22nd remain a part of this resolution as attached here tonight? TOWN COUNSEL, MR. SCHACHNER-It's not part of the resolution it is part of the public record absolutely. MR. SALVADOR-It's attached to this resolution. TOWN COUNSEL, MR. SCHACHNER-That's correct. That is not part of the resolution. If! attach my personal check to the resolution it is similarly not a part of the resolution it is part of the public record. MR. SALVADOR-It will remain as part of the record? TOWN COUNSEL, MR. SCHACHNER-Absolutely. SUPERVISOR CHAMPAGNE-That's correct. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 40. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into the Town Board of the Town of Queensbury. Duly adopted this 3rd day of August, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentNone PUBLIC HEARINGS PROPOSED AMENDMENTS TO AGREEMENTS BETWEEN THE TOWN OF QUEENSBURY AND ITS FIVE VOLUNTEER FIRE COMPANIES PUBLIC HEARING OPENED 7:11 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-Is there anyone here tonight to speak on behalffor or against the opening the contract is that what I understand the request is for here? TOWN COUNSEL, MR. SCHACHNER-It's amending the contract. JOHN KASSEBAUM, VICE PRESENT OF QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INe. -Just as a point of clarification and I realize that this would have an affect overall, but actually the public hearing for tonight is really from what I understand is for the rewording of Queensbury Central Contract as such now. When we first approached the board it was for the rewording of the contract just so that we would be able to add the chiefs vehicle to the Town contract moneys which we are supplied through the current three year contract of which we are in our second year. When I saw the resolution for the public hearing it was that it was for the amendment of the contract of all five fire companies and that may happen down the road as I'm sure they may depending on the decision of the board approach in the future they may not. Just for point of clarification I just wanted to say that this was actually Queensbury Central Volunteer Fire Company asking for the rewording of their contract and not necessarily the five fire companies of the Town. COUNCILMAN IRISH-I think that Henry wanted to look at the contracts which is why this wound up being with all five companies isn't that what you wanted to make sure they were all being treated the same? CONTROLLER, MR. HESS-I don't know how the resolution came about so I can't give you the background on that right now. SUPERVISOR CHAMPAGNE-I questioned the resolution what was in print. COUNCILMAN TURNER-Let's take that resolve out of there. TOWN COUNSEL, MR. SCHACHNER-I thought when this came up at the last board meeting the discussion was that if it was going to work for one fire company it had to work for all of thern. I think we were specifically instructed to prepare the resolution generic across the board for all five fire companies. COUNCILMAN TURNER-I think you are right. COUNCILMAN TUCKER-Legally, I don't think you can change it for just one can you? COUNCILMAN IRISH-Do we want to get this on the table so we can talk about it? SUPERVISOR CHAMPAGNE-It's on the table it's a public hearing is that what you are saying? COUNCILMAN IRISH-Nobody made any motion for it. SUPERVISOR CHAMPAGNE-We don't make the motion until we are done with the public hearing so you are open to speak. COUNCILMAN IRISH-I wasn't at the last board meeting so I'm not sure what you guys discussed and I haven't read the minutes yet. But there is some language that I think should be added to the resolution with regard to what kind of controls the town has over, obviously we don't want to be paying for fleets. We want to make sure that if we pass this we're paying for one vehicle a year or three years whatever it happens to be. This is kind of bland and really doesn't say a lot with regard to, you know we just don't want to keep spending money and passing vehicles down from the Chief to the Assistant Chief to the Treasurer and buying vehicles. I think we need to look at some more language for this resolution whether it affects all five companies or not I don't know that it makes a difference to me I think that they will all probably want to look at that forrn. I do think that its something they should have at the Fire Departments, but I think that we need to take a look at how this is worded and what type of controls the town is going to have because obviously once the money is out of the town budget and into the Fire Company budget we have very little to tell them about what to do with it. COUNCILMAN MERRILL-I have some problems with the wording here. I understand the intent of it but it says payment for cars I assume that's one car per fire company. Associated expenses for fire chiefs I assume that's relative to the car but it doesn't really state that. How often do you turn the cars over? Are they to be purchased under state contract? When a vehicle is replaced how are they disposed of? Where are the funds applied? I think we need more consideration given to this before we act on it. COUNCILMAN TURNER-I think we better take it off the table then. COUNCILMAN IRISH-I think those are things that Henry is working on with the town vehicles and would also come into play here so we should treat that part of the contract the same as the town vehicles. CONTROLLER, MR. HESS-When you read the contract as it relates to fire companies procedures for buying vehicles the contract gives a lot of latitude for vehicles under $50,000 which really excludes most of the vehicles in here. How the language came about in 1985 to exclude these it was 1985 language that specifically placed in to exclude these vehicles I'm not sure what motivated that. SUPERVISOR CHAMPAGNE-Eighty-five or ninety-five. CONTROLLER, MR. HESS-Ninety-five. I'm not sure what precludes that, but whether the board elects to add language or not I think the rest of the contract language might need to be looked at a little closer. I also think there might be some other points in the contract if you are going to reopen the contract there might be some other things that you might want to look at at the same time. SUPERVISOR CHAMPAGNE-I tend to agree with Queensbury Central. They came here with a particular issue that they wanted the board to deal with. I don't know because this has not been an item that's been under control with the town over the years. I don't know what the budgetary requirements are we're kind of going at this at this point in time with a little discomfort, I have to say that. What this resolution does in the agreement language in there it really leaves a paragraph as it was but it just discounts cars. TOWN COUNSEL, MR. SCHACHNER-All that happen it was a deletion of a previous acceptation that's exactly correct. SUPERVISOR CHAMPAGNE-I tend to think that the board really needs to take a harder look at it in terms of what implications it has down the road certainly budgetary and any other reasons that we may have to justify to the public that what we're doing is the right thing to do. I'm not arguing one way or the other at this point I'm just saying that I guess that's my position at this juncture. Do I hear you say we need to pull this and leave the public hearing open or close the public hearing and open another one later what's my pleasure? TOWN COUNSEL, MR. SCHACHNER-What's your pleasure? SUPERVISOR CHAMPAGNE-Yeah, what do I need to do. I know you don't know, but advise me do we want to leave it open continue on with the public hearing? MR. KASSEBAUM-Just for also when we first approached the board in March we supplied you with the budgetary needs that we had for the vehicle that we currently have of which we do lease under state contract. Again, I know that this could have ramifications for four other companies as well but just from our aspect of it you have our budgetary concerns and as far as I know obviously the wording says, the five fire companies. I know Queensbury Central who original brought this in March we did provide you with that budgetary items. SUPERVISOR CHAMPAGNE-Yes you did. Okay, I would still ask that it stay on the table and still it's going to have to be considered for all five companies I think that's what we've always done through contract negotiations. I'd be honest with you and tell you that I have some hesitation in terms of opening up any negotiations at this time knowing that a year from now we'll definitely be back at the table negotiating another three year contract I hope. MR. KASSEBAUM-Again, we're not asking for negotiations cause really all we're asking for is the wording. Monetarily we're asking for nothing to change it's just the phrase of cars for chiefs is what we were looking for in the elimination of the contract. We're not necessarily looking for a new contract. We're not looking to open up our contract as far as for monetary gain. SUPERVISOR CHAMPAGNE-Evidently you have some surplus funds in there now that you want to transfer over to support the chiefs car? MR. KASSEBAUM-What we want to do is what we have is we are paying for that car with our non- fireamatic, we are able to for the remainder of this year and if we structure our budget the way we structure it we should be able to make it with our until the next contract comes up. So, we are not asking for any monetary change in it we are just asking for the wording. Right now we are able to fund it underneath our non fireamatic and that is why originally we approached looking to change that over. We can do some structuring to that end for the remainder of this year we would be able to do it also. SUPERVISOR CHAMPAGNE-You would be able do with your non fireamatic moneys the end of this year. Next year. MR. KASSEBAUM-We had planned and we went into this when we got the lease for our car that since it was in the contract that we were going to do this under our own steam without any contract moneys for the town. But, then it was the thought that since things were getting tighter and what not for us that is we can somehow work it into the contract, and again we were able to work that under the cover of what we had now within the current contract which would carry us through as I said the second year of the three years and the third year would be in ninety nine. But, again we are not asking to open up the contract as far as looking for any more money or to re-negotiate the contract. SUPERVISOR CHAMPAGNE-We understand that. Ok. Is there anyone else here this evening that would like to speak to this issue what I would like to do is to leave the public hearing open and then have some more time committed to this agreement. Yes. MRS. PAT JAMESON-I am Pat Jameson from Ridge Road I have just looked at this resolution and the only thing I can see it tells us what it does not include. It does not include this, that or the other thing. SUPERVISOR CHAMPAGNE-Right. MRS. PAT JAMESON-What does it conclude? And why didn't you notify the public, I know that there was a legal ad in a week ago, but that was it. No mention in the news about this at all. SUPERVISOR CHAMPAGNE-Normally the procedure for this is, ordinary for a public hearing by law advertise it in the public sector. MRS. PAT JAMESON-The question like, who rides in the car besides the chief is it a marked car? SUPERVISOR CHAMPAGNE-Yes, it is a marked car. I can answer that one, it is a marked car. MRS. PAT JAMESON-He already has it? COUNCILMAN IRISH-They are paying for it out of non fireamatic funds at this point which means they are paying for it out of the money they raise through bingo or fund raising efforts and not through town taxes. MRS. PAT JAMESON-Who insures it? SUPERVISOR CHAMPAGNE-According to the way this was written previously they have full responsibility for all the expenses, Henry am I correct in saying that? CONTROLLER HESS-That is the way the contract is. SUPERVISOR CHAMPAGNE-That is the way the contract is written. MRS. PAT JAMESON-And they want you to take it over is that correct? SUPERVISOR CHAMPAGNE-They want to be able to use town funds that we support the fire company with to use those funds for the purpose of, yes, car purchasing and maintenance. MRS. PAT JAMESON-Don't you think you should have a public hearing? SUPERVISOR CHAMPAGNE-That is what we are here for. That is what we are doing tonight. MRS. PAT JAMESON-In a legal ad ten days ago. I read the legal ads, my neighbors don't, they did not know anything about this. SUPERVISOR CHAMPAGNE-Well, that is how we do things. MRS. PAT JAMESON-There was a piece in the paper about your Highway Superintendent. SUPERVISOR CHAMP AGNE- That we did not put in. MRS. PAT JAMESON-No. SUPERVISOR CHAMP AGNE- The Town Board did not put that in. MRS. PAT JAMESON-Why don't you put everything in? You put out a newsprint, a newspaper here just recently, no mention. SUPERVISOR CHAMPAGNE-Obviously, we I am not going to argue with you here but I, we had no idea that this was going to be in front of us at the time when that paper was printed. It is pretty hard to determine what public hearings are going to come up over the next four months or three months. MRS. PAT JAMESON-My main concern I guess is if you do this for the fire chief how about the rescue squad? The rescue squad has been to three houses right in my immediate area don't they need a car, I would rather have my life than my house if it became a question of one or the other. Why doesn't the rescue squad havw a car before the fire chief has a car? It is a matter of life and death in most cases. So, if you have one or are you going to have both? Those are all things to think about I would think and I would think you might have a published public hearing and see what the rest of the people in the town think. I mean that is just my opinion. But, I think that there should be more to it than just tonight. That is all. SUPERVISOR CHAMPAGNE-Good point, thank you. COUNCIMAN IRISH-Are you going to table this? SUPERVISOR CHAMPAGNE-Leave this open for a little bit, these people are here for that. MR. RUSS CHATHAM-Good evening board, my name is Russ Chatham I reside at 69 Cedar Court and I am a member of the Queensbury Central Volunteer Fire Company, maybe I can answer some questions in lieu of some people are asking here. The Chiefs vehicle was leased two years ago I happen to have been the person that made the presentation to the fire company and asked that we either lease a vehicle or buy a vehicle. When I moved up here in 1991 from lower Hudson Valley I had never been a member of a fire company at about thirty nine years old at the time when I was asked to join them like what am I going to do at thirty nine years old, never being a fireman before but I have had the benefit of working with a lot of paid and volunteer fire companies with my job at the New York State Assembly. Back in the mid eighties there was a major crisis in the fire service both the paid and the volunteer when OSHA came down with a lot of new requirements. It was very difficult for a lot of the fire companies to come up with the equipment necessary to run their fire companies and meet OSHA standards. Working with the State at the time I got involved with a lot of those fire companies and I got some real insights to some of the problems along with not having proper equipment it was also a big problem with volunteerism back then it was very difficult to find people to join the fire department. Our company in particular we have over four hundred calls a year that is a lot of calls and as a fire fighter myself I have the luxury of driving to the fire house getting on the apparatus and going to the fire. The fire chief on the other hand gets in his personnel vehicle and goes to the fire scene. Not only is it dangerous but the prospect of liability that could occur from accident and injury to his personal vehicle is very obvious. In some cases the fire chief only has one vehicle as a personal vehicle. I have seen that in the past where he is sharing it with his wife with the family and when he is running to a fire scene obviously his family is without. It even came down to one of the Chiefs blew the engine in his car years ago and quite frankly it was very difficult for him to respond to the calls at the time. His wife has a little four cylinder car quite frankly he could not get there in the means that we should be getting there as a professional volunteer fire company. I say that because four hundred calls a year I think we are entitled to that professional volunteer status. So, when I propose this I propose it for a couple of reasons. One, I certainly the liability and the fact that the Chief was putting all kinds of wear and tear and stress on his vehicle along with that liability but the other side was that volunteerism that I talked about back in the eighties. We are very fortunate in the Town of Queensbury to have five excellent fire Chiefs, they do a great job they spend a lot of time a lot of money and they are very dedicated. What if we did not have them people? What if the cost of a vehicle to chase down these four hundred sum calls a year just was not available to those fire chiefs? Who would do that? That is what made me ask the fire company to consider doing this. I asked them not to consider the fire chief who was there at the time holding that position because we all know how those things work sometimes, I asked to look at the position. I told them the same things I am telling you folks tonight, these people do an outstanding job and I believe that just like our Town Supervisor who is in a Town Vehicle our Town Department Heads I would naturally assume that they would provide a vehicle to those people. I would never think about them getting in their own personal vehicle at two o'clock in the morning or whatever to handle a Town problem. I think the same is true for the fire chiefs. This vehicle that we have had two years I think has been a big benefit to us there is nights that we have set in the middle of the night in the cold waiting for NIMO to show up at a transformer fire. It has allowed us to keep a vehicle there without keeping an expensive piece of apparatus in service plus the fact that we have been able to send firemen back home able to respond to the next call. It has allowed us to use it to go get food to go get people to got get equipment all these things where we would be running a more expensive vehicle up and down the highway. It has been an asset, the problem is we did it with non fireamatic money and those people that are here that do not know what that means, that is money that was raised from different organizations we get some insurance money rebate for the good job that is done in this district having low fire rates and it is from contributions. That money is supposed to be used for all the firemen, last year we bought uniforms for parades we give money to the Double H Hole in the Wall we do a number of things in the community. The fire chiefs vehicle really is not something that is given to every fire fighter, we really do not feel that we should be taking that money we feel that we should be using that money for the firemen. Unfortunately we have had fire men that have died in the line of service in the last many years we have contributed to their families to help them we have done things with that fireamatic money that we are proud of doing and we think, that money should still be ear marked for those kinds of things. We believe that the chiefs car is vital piece of equipment to do the job we need to do here in the Town of Queensbury. I think the Town of Queensbury has enjoyed an excellent ambulance and fire service and I think the cost of those services are in line with the job we do. Not only am I a fireman here in the Town of Queensbury but I am also a taxpayer. I chose to move here unlike some that have lived here all their life and they have grown up here I came here because I wanted to. I looked at this place I evaluated it and said this is where I want my family to be. I enjoy the fire service obviously because I am a part of it, but whether I am or not and whether I go somewhere else and do something else I think the Town of Queensbury should have a chief vehicle and I hope you will consider that. SUPERVISOR CHAMPAGNE-Thanks Russ. COUNCILMAN IRISH-I would just like to respond, I do not think that the Town Board is adverse to the idea and I think that I believe myself that it is a good idea that they have this vehicle, I think the only concerns that I personally have is that this Town Board is cognizant of the fact that this is taxpayers money that we are being asked to allow these fire companies to use to purchase the vehicles and we want to make sure that it doesn't become something that is out of control where all of a sudden they have got two or three vehicles per company and the Town has no authority or no control over that so that is the only thing that I at least in my mind that we are looking at, is some type of control over how this is going to be administered how it is going to be the over sight of it and those types of things. We do not just want to hand out a blank check and say here you go come back at the next negotiations and we will give you another couple of grand so you can go out and buy another vehicle. That is what we want to take a look at. SUPERVISOR CHAMPAGNE-Anyone else here to speak for or opposed to moving forward with this plan? Again as Doug indicated it is going to take some time to really analyze the cost what ever happens between now and if we do approve this next go around for negotiations which would be nineteen ninety nine it will all have an impact on future budgets and I understand precisely Russ what you are saying we are proud of our fire and emergency services this maybe the right way to go. But, I just would feel a little more comfortable to dedicate some more time to it to make sure we are on the right track in terms of control. COUNCIMAN MERRILL-Fred, I think it would be appropriate to leave the public hearing open my concerns are primarily on language and sharpening up the agreement. SUPERVISOR CHAMP AGNE-I saw a hand, yes, sir. Come to the mic please. WARREN CO . SUPERVISOR RON MONTESI -Would you also include in that resolution the squads because they will be back if you pass this, their chiefs, also. COUNCILMAN IRISH-Don't they have a first responder, vehicle? COUNCILMAN TURNER-Yes, they have a fly car. SUPERVISOR CHAMPAGNE-At this point in time they do have a fly car I believe in each on of the emergency squads. Any more comment here we will leave this open and once we get our language a little tightened up here we will come back with a public hearing on it. Ok. We will leave that one open. PUBLIC HEARING We are now at a proposed Local Law entitled Terms of Office for Town Board Members. NOTICE SHOWN Town Board members do you have any preambles or preface your remarks, who wants to go first? COUNCILMAN MERRILL-Tonight, we are bring some proposals for public referendum before you for discussion. We are certainly not trying to close off the public right to vote as a matter off act it is quite the opposite. I think what we are trying to do is to encourage public involvement by the hearing tonight. First of all these are not new ideas that are being presented tonight, they have been around for quite a while and continue to come up from time to time. I think it is healthy to get it out on the table to air it in a public forum and to see if they are worth pursuing. If we decide not to change I think we gain a better understanding of why we are as we are. But, on the other hand I think it is essential for any organization to take some time to examine how it is put together and how it does business. We need to recognize that not all towns are organized not all town operate in the same manner. So, we need to take a look around and see what we can learn from other communities. In otherwords big management term now but its best management practices. Try to recognize that Queensbury is continuing to grow we are now twenty five thousand and we are going to continue to grow. We are the major force in this region and we need to look to see how we prepare for the future. Tonight I think is just one step in that direction and I encourage you all to join in a good open minded discussion we want to look beyond where we are and what we are, to see what we can become if we intend to succeed in the twenty first century. The first amendment not amendment but resolution that is up, addresses terms and I think one thing that has been omitted here is we would be considering staggered terms and the intent here would be to provide continuity. I ask you to think about your own place of work what would happen if complete management structure turned over every two years? Personally it takes, it took me many months to get up to speed and soon it will be time to think about election time again. We do need to encourage good candidates to run for office candidates that are willing to commit for the long haul and this really isn't something you jump in and out of. You need people that can focus on long range planning and not just re-election down the road another year. SUPERVISOR CHAMPAGNE-Ok. Dick you did not leave much more to be said, but, COUNCILMAN IRISH-I will pick up from there some of it maybe I may repeat but, I would like to take the opportunity to express my concerns about the terms of office for officials and the resolution to abolish the elected office of highway superintendent. First, I have got three sons and I continually speak to them about their futures, not just their immediate future but their long term future. As many of you who are parents will understand it is our duty as responsible parents to guide our children in the right direction for the long term. People buy homes everyday on twenty and thirty year mortgages we buy cars on three, four and five year notes we take out student loans and take fifteen years to pay them off. Everywhere in American life people make long term decisions about long term concerns. Everywhere except politics and government. What we as a Town Board are endeavoring to do is to think about the long term for what is best for the Town of Queensbury as a whole. The public hearing that we are having tonight is with that in mind. Also, you should be aware that ultimately it is the voters that decide if these propositions are in their best interests. But as responsible public servants it is our duly to be vigilant in providing the most efficient service for the best possible price. With that in mind we undertook a discussion of how we can provide the citizens of the Town of Queensbury with what everyone would agree is called good government. Our great concern, of great concern to this Town Board is the cost of government. While Queensbury enjoys a low tax base to the sales tax generated here we cannot become complacent in our duties to maintain and improve upon those services. While our discussions have not be unanimous there is a consensus among the members that in order for Queensbury to move into the twenty first century on a positive note there are issues that need to be addressed. It is always difficult for people to accept any kind of change let alone major change. We feel as Town Board that Queensbury needs to look at what we have called a re- organization, part of that re-organization is to provide more efficient less costly government without any interruption of service. A large portion of the Town Budget is the Town Highway Department. The Town Board has no administrational control of the money once it is apportioned to the Highway Budget. In fact Mr. Naylor will be the first one to tell you that he is an elected officer and does what he wants. Our desire is to give the people of the Town more accountability than that. We as a Town should not be in the Highway construction business we need to maintain our roads as prescribed by law but the escalating cost of projects not defined as maintenance has been a concern for not just this Town Board but Boards of the past as well. Again, I must stress that this is the first step in are-organization of the Town services and will include water service, sewer, highway, recreation and all other aspects of Town responsibility. This is an opportune time because Mr. Naylor has stated to many people this would be his last term, since these propositions would not take effect until January 1st, 2,000 it should be given every consideration now. As for the Post Star's inference that the position would become a political patronage job, I think you need to look no further than the Controllers office, the Assessors Office or the Water Department to find that it is not true. We recognize the need for qualified personnel to fill jobs of responsibility in the Town. Although these positions are appointed we consider them to be hired personnel and could contract those positions if need be. It was not, I was not on the Board when Henry Hess and Helen Otte were hired but I was here when the Town considered Ralph VanDusen to replace our retiring Water Superintendent. We took those considerations very seriously and not once did we consider appointing someone with political clout to that job. The job description for highway superintendent is spelled out in New York State Highway Law but the Town Board can define the qualifications if it is an appointed position. In that way the citizens of the Town of Queensbury have a sort of check and balance to be sure that political nepotism does not raise it's ugly head. With regard to extending the terms of office for elected officials I can tell you from my own experience that it is difficult to accomplish business in the Town in such a short time. When I took, when our Board took over on January 1st. we immediately had to work on 1997 business when we raised the question of why wasn't this done before the end of the year the answer ultimately came back leave it for the new boards. The peoples business did not get done in a timely fashion and even the employees of the Town suffered because of it. Also, it is rare that any project of significance is completed before it is time to gear up for a campaign. In real terms the Town Board probably has fifteen months to work together on town business, if everyone is of the same opinion that means things move very quickly. My opinion is while that is nice to have, while it is nice to have that kind of cooperation it is ultimately dangerous to the people. We have sincere differences of opinion on this board and I hope our debate show that. We consider every motion, discussion through our debates hopefully arrive at a decision that best serves the Town as people, best serves the town as a whole. It is the peoples right to change this board as a whole at every election but it should also be the responsibility to recognize the need for some continuity in their system of government. Any truly unacceptable action by the Board would not be forgotten as the Post Star stated in their editorial because the groups like Citizens for Queensbury would make sure that people did not forget. With that being said I encourage everyone to speak his or her mind we are here to listen and I remind you again the voters all fifteen thousand of them that would make the decision on whether or not these proposition pass. The reason the Town Board is considering these resolutions is to comply with the State Law so that the propositions can be placed on the ballot in November. Thank you. SUPERVISOR CHAMP AGNE- Thank you. Any other board members care to add anything to that? COUNCILMAN TURNER-No. COUNCILMAN IRISH-It has all been said I think. COUNCILMAN TURNER-The only thing I could say that when we voted on this at the previous meeting to hear this I voted with the premise that we would hear from the citizens and that is what I am going to hang my hat on and I am not in favor of an appointed highway superintendent. He has to be elected by the people I will tell you that right now. SUEPRVISOR CHAMPAGNE-I want to clarify one thing with the public hearing open, I would also suggest this that the clapping and the applause you are going to have to hold because if that continues we will close the public hearing and go on with other business. I do not think we are here for the purpose of you know that type of thing, I sorry to have to say that. Let me make, we will let you folks finish and then we will go on. I am going to ask you this, ok, you are going to have to hold, one thing I do to need to make clear and that is the public hearing that is open right now is open for the purpose of term of office for town board members from two to four that is what the public hearing is all about at this point in time. We will, it is open we will close that one and then we will go onto the other public hearings but at this point that is the one that we are discussing. So, if that is what you are speaking to that is fine, that is where we are now. So, we are right in the middle here of a public hearing dealing with two year, four year terms. I saw Barbara's hand first. MS. BARBARA BENNETT -Mr. Irish you started something by jumping way ahead and back and all around COUNCILMAN IRISH-Sorry about that. MS. BARBARA BENNETT-and all you were discussing was the second one when you were way off base I think. I do not think that this is necessary to extend them to four year terms, because if you check back most of the Board Members that are elected for two years are re-elected again. It is a rarity for a Board Member not to get a second terrn. If you check your records I think you will see that and I think it takes away an action of the voter if you get a new Board Member that does not fit in and doesn't really accomplish anything we have a choice of electing someone else or if the Board Member decides he does not like the job he doesn't have to complete the four years. So, I like the two years, I would go for the Town Clerk having a four year term but Board Members I would like to stay with the two year term it gives us an option we would not have otherwise. That is all I wanted to say. SUPERVISOR CHAMPAGNE-Ok. Thank you. Mr. Naylor had his hand up I saw him second. Two year, Four year term, right, Paul? HIGHWAY SUPT. PAUL H. NA YLOR- That is what we are going to talk about Freddie Freihofer, Paul H. Naylor, Elected Highway Queensbury Superintendent. Four Years, when I first came on there were four year terms and they were staggered, who makes the decision who gets the two and who gets the four? COUNCILMAN IRISH-They will all be four. HIGHWAY SUPT. NAYLOR-You are going to stagger them after you are here eight years or four years. COUNCILMAN IRISH-No, you will elect somebody every two years ... HIGHWAY SUPT. NAYLOR-Every two years we will elect somebody else, so why don't we keep it that way? We put the Ward system in and there are a few people in the office that did that with the consensus that every two years somebody would go. Now, some of you gentlemen know you were not endorsed this last election you won anyways thanks to the people so why are you taking the right of the people away? It is the right of the people we got a guy in the Presidency right now and the people don't much care what he is doing ain't that sad? It is real sad that is why we at local government with local people should decide which one of you guys comes back. It is our choice and we should keep it that way. SUPERVISOR CHAMPAGNE-Ok. Thank you. Nick? WARREN COUNTY SUPY. NICK CAIMANO-Nick Caimano, Queensbury Mr. Merrill is right this is not a new proposition it has been taken up by every board, takes it up, had you thought about as a quick pro quo for this term limit. One of the things we talked about was going to the four year terms but then after the second time you could not succeed yourself as the City of Glens Falls does you would have to step aside once or go to another office. Have you thought about that? SUPERVISOR CHAMP AGNE- That has not been mentioned to my knowledge. WARREN CO. SUPY. CAIMANO-It might be more palatable to people who do not like the fact. SUPERVISOR CHAMPAGNE- Tirn. MR. TIM BREWER-Tim Brewer, Candlebury Drive, Queensbury, I do not quite understand how this going to be staggered you mean one year I would vote for Pliney or whom ever the next year I could vote for Doug SUPERVISOR CHAMPAGNE-No, no, as I understand it Counsel is here if! am off base, correct me, as I understand it there will be some type of a selection whether you flip a coin, draw straws or whatever during this next election. Not this one,not this one coming up but the year 2,000, COUNCILMAN TUCKER-Ninety nine. SUPERVISOR CHAMPAGNE-Ninety nine. There will be a referendum but there will not be a vote obviously the referendum will be there but we will not be voting I do not believe that you can do that. TOWN COUNSEL SCHACHNER-The referendum on whether, if the town SUPERVISOR CHAMPAGNE-Ninety eight will be the referendum, ninety nine will be the vote for the individual. COUNCILMAN IRISH-Right. MR. BREWER-All five of you. SUPERVISOR CHAMPAGNE-All four of them two will be I believe this is the way, two will run., TOWN COUNSEL SCHACHNER-This is the very first that Counsel has heard about staggering was when Mr. Merrill mentioned it a few minutes ago, the proposed Local Law MR. BREWER-Maybe you ought to go workshop and do this before you SUPERVISOR CHAMP AGE-We are not going to vote on this tonight, Tim you do not have to worry about that. MR. BREWER-Before my rights are changed I want to know what you are going to do so, SUPERVISOR CHAMPAGNE-My understanding is unless I have been mislead is that there will be some type of choice made either by voluntary or by pulling straws or flipping a coin you will be electing two of our people, two counsel people for two years terms this next election and you will be electing two people for four year terms so that is what starts the staggering. That is what I understand unless I am wrong. TOWN COUNSEL SCHACHNER-Two things, first off that is not what is on the table right now SUPERVISOR CHAMPAGNE-I understand that. TOWN COUNSEL SCHACHNER-but, secondly if in fact you decide that you want to adopt a local law including staggered terms it doesn't work by having some random selection after the election. The way it works is there is a system is set up as part of the local law that is part of the mandatory referendum as to how that staggering will occur. There are several ways that the staggering occurs in places that do that for example, these are just examples. You could decide in advance that Wards I and III will initially serve only two and there after four and two and four won't. You could decide that those who receive the most number of votes will be but the method cannot be something done at random after the election. SUPERVISOR CHAMPAGNE-No, I understand that. It has got to be TOWN COUNSEL SCHACHNER-The method has to be pre-selected as part of the local law that is subject to the mandatory referendurn. SUPERVISOR CHAMPAGNE-So, that answers your question. MR. BREWER-My second point would be is, Doug said two years isn't enough well, if you are doing your job Doug in my opinion this is to all of you, if you are doing your job you will not have to worry about it in two years because you will get re-elected. My fear is if you get elected and you are there four years we are stuck with you. Case in point, you ran against Connie Goedert because you were not happy with what she did, how would you like to have been stuck with her three more years? COUNCILMAN IRISH-WeIl, you keep making the assumption that the Town Board is making this decision and the Town Board is not. The people they go to the poles in November are going to vote on a referendum and ultimately it will be the rest of the voters in the town that decide whether or not they want that to happen. MR. BREWER-I am not here to argue with you I am just here to make some points. COUNCILMAN IRISH-You keep saying that the Town Board is taking your rights and the Town Board isn't doing anything but put a referendum up. MR. BREWER-Maybe I did not come across right, you are not taking my rights in my mind you favor doing this because you presented a resolution to do this a couple of weeks ago when I was here you were not here, there was a poll taken in the town newspaper that said forty three people wanted this done forty seven people said they did not want it done now if we are to go and do democracy it looses. And my answer at that meeting was people want this and you took a pole and forty seven said no and forty three said yes. COUNCILMAN IRISH-Fifteen thousand of those ballots went out MR. BREWER-That is how important it is. COUNCILMAN IRISH-WeIl lets find out in November. SUPERVISOR CHAMPAGNE-I saw another hand over here, Ron? WARREN CO. SUPERVISOR RONALD MONTESI-Ron Montesi, Queensbury Fred you and I talked today a little bit about this discussion and I told you that I did not think it was a great idea, but there is some things that going from two to four year, but there are some things that I wish you would consider. One is, I agreed with Dick, If you are going to have change or if you are going to have progress sometimes you have to change some things. One of the things that you and I talked about today, Fred, that you really ought to address in this thing is if you really want change leave it at the two year term, hire a town manager and make the stability the town manager. Maybe that is a thought worth considering. The other thought that you have to consider is that in 199..in the year 2000 with the new census you may be dealing with five Ward or five Town Board members and that should change your approach to what you are trying to do here tonight to. I like the two year term, I like the fact as someone just said that if I am really dissatisfied with the way something is going and Doug, you are perfect example of that. There was an issue in your area that was vital to those citizens you would still be battling that issue today. So, there are some goods and bads but I think you have to broaden your scope of what you are looking for, for the future of our town. It may be a town manager, and all four of your plus the town board and maybe another councilperson as the population indicates would be running the town via a Henry Hess type of concept. That concept has worked well for us no longer is the Town Supervisor or the Town Board fighting with the issue of where do I invest my money how do I invest my money how do I keep track of that how do I dig in and look at the cost analysis of something you have hired someone professional to do it. I am not advocating that I am just saying it is an alternative that you need to look at. Thank you. SUPERVISOR CHAMPAGNE-Thank you. Dennis? WARREN COUNTY SUPY. DENNIS BROWER-Dennis Brower, Queensbury. You know in thinking about this issue one of the things that struck me is that the Town Supervisor should be the four year term and the Board Members should be two year terms. In that way you have got the consistent leadership of the Town Supervisor and for at least a four year period and you will attract probably more talented candidates, as yourself. SUPERVISOR CHAMPAGNE-Thank you Dennis, that came a little bit late, but. We understand what you are saying. WARREN COUNTY SUPY. DENNIS BROWER-There might be more competition. SUPERVISOR CHAMPAGNE-You know that is a very true statement and the reason, to give you an answer to that one the reason that, that is not on the ballot or up for referendum this year is the law does not allow that, that we have to go to a odd number of years I believe it is, in order to change the Supervisor. So, my guess is two years from now, a year from now I should say, they maybe looking at a Supervisor that wants to hang around here for four years. Gentlemen in the back there. MR. BERNARD RA YHILL-My name is Berhard Rayhill, Queensbury I am totally in favor of two year terms. I feel that how we should have two year terms because terms are predicated not on beauty contests but on issues. Issues change over a period of time and how people handle issues also change or if you have what I call the RIP the Republic Institutional Party which is like the PRI in Mexico I think we have to have representation with the two party political system, which means that the Democratic Party should be represented every two years in an election so that you have a two party political system. And that is why I think that you should have election every two years. Thank you very much. SUPERVISOR CHAMP AGNE- Thank you, Ray. Dan. John you are next. MR. DANIEL OLSON-Good evening, Daniel Olson Carlton Drive, Queensbury I am also in favor of keeping the terms at two years. I am not please and I am not happy under the way the government runs today in a Ward System. Let me go back to the First Class Town the Town of Queenbury is, originally was governed under at large system. Where every two years I as a voter and the other voters in the Town of Queensbury had a chance to vote for three members of their five member board. Which meant if they were not happy with the way the function of the Board the way things were going they voted for a majority. When the Ward System was voted into the voted to be the type of government that the way the elections are run and the Wards were established I lost a vote there. I was discriminated against one of my votes was taken away from me now I can only vote for two members of the board I no longer can vote for the majority of the Board. I can vote for my Ward Councilman and I can vote for the Town Supervisor. I think two years under this present system of aWard System if you are going to stay with the Ward system is the best way to go, and it has been brought out earlier, if a person is doing their job they are going to be re-elected for two years. If they aren't doing their job they are going to have opposition. Now the last November there was a lot of opposition and a lot of opposition within primaries more than one person running for different offices independents, conservatives, other parties running so that showed that the people had a voice in their government. It is the people, the voters that will make that decision and I think that is the checks and balances that are built in to this system, is the voters that go to the polls. I do not think the person going into two years if they are representing their people properly in doing their job would be voted out of office. If you have got them there for four years under the Ward system they should be staggered terms also. I do not know who would get the short end of the stick but that is something, if that happened you would have to work on but a staggered system is much better when you are not having five people running for office in every two years and say look at the board very quickly I can tell myself there are three new members on the board this year so there is a majority of people that were not there a year ago. That does make difficulties not only for the new members but for the old members and the whole governing body. Again I am opposed to going from two years to four years, I would like to stick with the two years. COUNCILMAN IRISH-Was the Ward system voted in through a public referendum? MR. OLSON -Yes, it was. I said it was voted by the people but that does not mean, you have to be, just because something is voted in and it is done doesn't mean you have to be happy with it or pleased with it. There is opposition and there are people in favor of it and people against it. It was voted in for a particular political reasons and it is part of the law now. But under a first class town I think part of the law states that under a Ward system the terms are two years I think that is what you are trying to change. COUNCILMAN IRISH-The Town Board can set through public referendum you can change the terms a certain length of the term of service. MR. OLSON-By referendum, right, but I think the original set up under the Ward System they are set up by a, I hate to use the word election law because I am not sure that, that is the proper term but under the statues of the State of Ward system they are two year terms. The City of Glens Falls is different that is a city, you are a First Class Town it makes it a little different. COUNCILMAN IRISH-But is says you can either set them as two or four or you can have five members or seven members and it is up to the Town whatever they want to do it is not you know, this is better than that or. MR. OLSON-Ok. I will be back latter on another issue. Thank you. MR. JOHN SALVADOR-My name is John Salvador, I too am in favor of leaving the term of office at two years. I also have not been over enthralled with the Ward system we have in recent years. You know, as you know the term limits and term lengths have been debated from the beginning of time. There is a mood in the Country today to do something about term limits. But, probably James Madison said it best when he said; frequent elections are necessary to preserve the good behavior of rulers. I would recommend we leave it at two years. SUPERVISOR CHAMPAGNE-Can I have that quote John? Yes, Sir. MR. CHUCK DEMARS-My name is Chuck Demars, I live in Queensbury, naturally. I am a small individual compared to what you guys are trying to pull off. The best thing I want to compliment you on tonight is your advertisement in the paper, I do agree with the way you advertise. Queensbury Environmental Committee, Planning Conference room. SUPERVISOR CHAMPAGNE-We are on a public hearing this evening regarding the two year to four year limit, are you still with us? MR. DEMARS-It will come to that, it will come to that. Are you open for debate? SUPERVISOR CHAMPAGNE-No, no, I am just suggesting I did not know whether you were into environmental committees or MR. DEMARS-That is what I am saying, now do you think that, that is the right advertisement for this particular meeting? COUNCILMAN IRISH-This meeting was published ten days ago or more. MR. DEMARS-No, on a SUPERVISOR CHAMPAGNE-The public hearing.. MR. DEMARS-When you have your meetings you normally put down the Town of Queensbury Board Meeting. SUPERVISOR CHAMPAGNE-You are absolutely right and there was an error MR. DEMARS-Very deceiving Fred. SUPERVISOR CHAMPAGNE-Let me try to finish here before you chock me completely ok, we send into the Post Star this gentlemen here is representing the Post Star, ok, John Geroux we send into the Post Star pre-January 1, of all our regular schedule meetings they have that in their office that should be automatically punched into the newspaper print out, every Monday todays, that what you are looking at todays meetings, however, whatever that got left off today, Chuck I have absolutely no idea, but it is no fault of this board or Fred Champagne or the Town of Queensbury, call up the newspaper maybe, because I am going to do that. MR. DEMARS-You are forgiven Fred. The only thing I am saying is. SUPERVISOR CHAMP AGNE-I am not trying to make alibis here. MR. DEMARS-The tactic I love it, I watch football and I love tactics and this is one of the best tactics you are commended for. SUPERVISOR CHAMPAGNE-What advertising environmental? MR. DEMARS-Advertising for environmental, now I take it as you all want to take and leave your positions because you want it environmentally clean. Now, the real problem that I have with it Fred is what you are doing is you are taking a two year decision which should be made by each and every single SUPERVISOR CHAMPAGNE-Don't address, Fred, please, don't address, Fred. MR. DEMARS-I do not want to address the person that complied the letter that I had, he did it totally, he is in charge of that particular, I don't, you know, when he read that letter does anybody else in this crowd have a copy of this the letter compiled? COUNCILMAN IRISH-Those are my remarks. MR. DEMARS-That is your decision, you compiled it you presented it to the rest of the Board people and they said, well, read it? COUNCILMAN IRISH-No, I presented it to the public, that is the first MR. DEMARS-This is the first time that I was exposed to it. COUNCILMAN IRISH-That is the first time anybody, anybody has been exposed to it. SUPERVISOR CHAMPAGNE-The first time I was exposed to it. What is your point? MR. DEMARS-Fred, I really think you are getting upset because I am bringing out points that you don't want exposed. What I am trying to do is why didn't you compile the letter you are the Supervisor? SUPERVISOR CHAMPAGNE-I have things here. MR. DEMARS-You are the boss, you are the boss, Fred. SUPERVISOR CHAMP AGNE- These folks here are Board Members ok, they have as much right as sitting at this table as I do. I chair the meeting my job here is to lead this group offour others, I have some comments here and remarks I am going to make. MR. DEMARS-I thought that you would more or less preface his remarks but since he did read a nice lengthy letter I thought that maybe the rest of us, can we get a copy of the minutes? SUPERVISOR CHAMPAGNE-Sure, MR. DEMARS-Is it public, is that going to be charged to us or is that going to be a free thing we will be able to get? DEPUTY CLERK KAREN O'BRIEN-We usually charge ten cents a page. MR. DEMARS-You charge us to get, well maybe he can memo these off and put them out and we will be able to get. COUNCILMAN IRISH-You can have my copy. MR. DEMARS-That is a commendable letter, I will tell you why it is a commendable letter, what you said in that letter is, it is ok for me, Doug Irish to take the rights away from some of the elect, some of the voting public in this particular town you just got elected to that office and believe me probably within the next year or so and I have to also commend you on when you want to present this as a case to the public, it is an odd year, it is an odd year. What do people do, how many people will actually go and vote on this at this particular time? It is not drawn out right Fred, it is not presented right. The lawyers over there will present a case and when they present a case they are doing it because it is the last straw. This is not right. It is actually presented wrong. Helpful criticism, don't look at me as an individual that I am just up here and have nothing but, what I am saying is it is presented wrong I really feel that each and every single individual in this town of quote unquote twenty five thousand, give or take a few should have the opportunity to be right where I am tonight this place should be packed not with Warren County Supervisors not with higher elevated office people but with average voters, Joe Blow down the road from me and everybody. I think that they are missing an opportunity tonight and I request that you leave this meeting open and I request that you also advertise in the paper the next time that you are going to be putting forth such a proposed amendments as these which are very critical, we have time to think on this, yes, but they are very critical proposed amendments. I think that you should present it to us in a more fashionable way, not Queensbury Environmental committee planning conference room. As far as the Environmental committee has nothing to do with that. With these attached on there afterwards? SUPERVISOR CHAMPAGNE-I am sorry I am not sure that I get your question? MR. DEMARS-Was the proposed amendments attached on their afterwards? SUPERVISOR CHAMPAGNE-No MR. DEMARS-I was unaware. I was unaware that this was actually taking place tonight. SUPERVISOR CHAMPAGNE-This was advertised ten days ago, this is correct, right, we had this, there was a public notice in the newspaper MR. DEMARS-You have got legal standing you advertised the ten days ago, people have a tendency you know, to forget that is what puts people in office forever, because we forget. I do not think the people are going to forget when you present a case like this is that you are going to actually take a two year and put it to a four year ok, what it tells me is you want to take my right away if I do not want Doug Irish or if I do not want Mr. Tucker or Ted Turner or anybody else that is in front of me tonight it takes my option away. And I wish you would give it consideration leave it open as a public meeting. Thank you. SUPERVISOR CHAMPAGNE-Thank you. COUNCILMAN MERRILL-I would you like to comment the public hearing was set a couple of weeks ago and I think it was unfortunate that it did not get into the Post Star and perhaps if we get better paper coverage that would help to. MR. DEMARS-Well, is true exposure, if you want true exposure, expose it. COUNCILMAN MERRILL-That is what we are trying to do tonight. MR. DEMARS-But if you want to bury something I have to compliment you on tonight's advertising. COUNCILMAN MERRILL-There is no intent to bury it that is why we are having this free and open discussion and I think it is great, really. SUPERVISOR CHAMPAGNE-Who else out there would like to. Yes. John. MR. JOHN STROUGH-John Strough, Queensbury Just two things it seems like the overall feeling here is by many people is that they prefer two year terms, but many of us and I know all of you have you know, carried petitions. There are two things about running for office that are unappetizing and they are carrying petitions and the expenses of your campaign. But, you know, with Town Supervisor what is that four hunded and fifty signatures or something like that, right? SUPERVISOR CHAMPAGNE-A little more than that. MR. STROUGH-Yea, you need more than that because some of them might be questioned and thrown out, but in my experiences in carrying petitions is that sometimes you will have a good night and you will come up with ten names after working a couple of hours and other nights you get talking with people they get talking with you and you will get two names a lot of times you will get the door slam in your face, people that don't understand the petition process. I would say on the average it takes me, sometimes I would say about a half hour per name give and take, driving, going there, going to houses, knocking, sometimes my wife and I will work the same street. Maybe I should use a better term but, she will be carrying the Republican petitions I will carry the Democrat petitions and it takes a long time to get a lot of signatureS and like I said the Town Supervisor you have to well over five hundred signatures. Now, if we are going to be staying with two year terms maybe the public would be more willing to carry those petitions for you. That would make the job easier. But, you know so many people out there don't understand the petition process I mean they look at you as an alien when you knock on their door and you are just there to ask them to sign a petition because you have to get certain number of signatures. Another thing that makes running for office unappetizing is the expense. If you want to run a small campaign it is going to cost you a thousand, two thousand dollars no problem and if you want a moderate campaign I am only talking about running for town office you can spend four or five thousand dollars. So, I can sympathize with you you know in bearing those burdens. I just wish a lot more people, Democrats and Republicans would get in an pitch and help both carrying petitions and financially for those people that do want to run for office, that might take a little bit of the burden out of the two year terms. Thank you. SUPERVISOR CHAMPAGNE-Thank you, John. Yes, Betty. MRS. BETTY MONAHAN-Betty Monahan, Sunnyside Road I am not prepared yet to say which I favor frankly the two or the four there are pluses and minuses on both sides. I think one of my questions have been clarified with a comment that had been made when this said Town Board Members normally the Town Board is four council people and the supervisor I am assuming though that this refers strictly the council people. Ok. I was glad to hear Dick say that these terms need to be staggered because he is completely correct that they do need to be staggered. I have to agree with Dan Olson I think this town was governed better when we did not have a Ward system and when everyone had the right to vote for every person that sitting up there in front of me. The Ward system took those rights away, and maybe that is something you want to re-examine because I have heard people out there saying now that they would like to go back to the old system. How many people feel that way I do not know. The other thing you need to look at with the heft of the work of the Town Board which is heavy in the committee work that you do and I think, Queensbury is to be commended because this town, the Town Board Members are deeply involved in their government probably more so than many, many towns around and they work, very, very hard. So, I think maybe you should look at the number of Town Board Members as you also look at the length of the terms. We have also with the kind of population growth we have had are seeing an inequality in the number of people that are in each ward so that board members are not representing one person one vote type of thing. I think that is another thing that needs to be looked at. So, those are just a few of my comments as you are looking at the structure of government. SUPERVISOR CHAMPAGNE-Any others first time around. Yes. MR. PAUL ABESS-Paul Abess, Queensbury I would like to go down as being in favor of retaining the two year term. The reason for that is because I think strong democracy they depend on participation by citizens and I think you would be encouraging more participation to keep it a two year occurrence rather than a four year occurrence. SUPERVISOR CHAMPAGNE-Anyone else? MR. JOHN SALVADORE-In addition to what John Strough said maybe we should attack the ballot access process. That is a real problem and maybe the two year four year maybe if we had a better different easier ballot access we would not have these problems we speak of today. SUPERVISOR CHAMPAGNE-I will vote for that John. WARREN COUNTY SUPERVISOR DENNIS BROWER-I will make this very brief, Dennis Brower, Queensbury again. One of the points that was made earlier if this is going, this is going to resolution, I mean this is going to public vote this November, correct? SUPERVISOR CHAMPAGNE-That is correct. WARREN COUNTY SUPY. BROWER-So it is a done deal. SUPERVISOR CHAMPAGNE-No, this is a public hearing, then the board will have to act on a resolution to move it to a resolution, after tonight. WARREN COUNTY SUPY. BROWER-If you do move this forward I do think you should also seriously consider moving forward an at large question, in otherwords, if you are going to give this, the voters the chance to do this also give them the chance to would you prefer at large or by the Ward System? Now, I see advantages and disadvantages to both but at least you are letting the voters decide everything about the election and not just a specific point. I personally think it would enliven public participation you know how voters are very apathetic well if they had a chance to vote for all the town board members that were to represent them it might enliven the whole political process. Even though I sympathize with you because you would have to get you know your four hundred and fifty signatures or whatever as opposed to maybe a hundred or one hundred and fifty in your own ward. There would be a lot more work involved in the election process and I appreciate that but I think the voters would ultimately benefit and you truly would represent the voters of the Town of Queensbury and not simply your own ward. SUPERVISOR CHAMPAGNE-Thanks. Good point, thanks. Yes, Sir, Ron. WARREN COUNTY SUPERVISOR RONALD MONTESI-Let me just say something about the Ward system before we throw that into the kit and caboodle there are those that like it there are those that don't. I was one of the proponents that said we needed a ward system and I will tell you it wasn't because my area was ill represented. There was a time back eighteen years ago where the Town Supervisor, and three of the Town Board members all lived within two blocks of one another, now that truly was not good representation for our town. We never ever had someone from the west end of town that I could remember on the Town Board so I thought that the Ward system if it did anything it would at least gave each part of town a representative and sometimes that is good and sometimes that is bad sometimes you are scratching your head trying to figure out who is going to run in a particular area. But, at least all of the town had a representative that they could call on. Yea, I know you do not get to vote for three people but you get to vote for that one person and each and every one of you guys that are sitting here are part of the success, because Doug you had a problem in your area and the folks in your area said we need a change. You had a problem in your area Pliney and it has been a battle on and off and they were willing to change so I think that part of the system works. One of the things that did not work in the ward system was that you could not stagger the votes so that you do get a change of the whole board, so, I think I looked at it from the good and the bad side and I thought that each part of town having a representative and with all of that argument about oh boy there will be pushing and shoving I never had that. Paul Naylor would say you have got two hundred thousand dollars to spend each year you got fifty thousand for roads and what do you want to do, what roads do you want to do and what roads don't you want to do and he would tell me the road that had not been paved in ten years and you would give and take. Betty Monahan would push me around a little bit and I would give a few miles up to her but it worked. I suppose today if the Library said we want to put a library in Queensbury, you guys might be battling which part of town is going to get it but I mean it would be for the betterment of the town. SUPERVISOR CHAMPAGNE-Someone else, yes, sir. MR. WALT REYNOLDS-Walt Reynolds, 17 Northup Drive, Queensbury I am sitting here listening to this talk back and forth now everybody says Queensbury the Town of Queensbury is growing, growth, growth, population is coming in. All right has anybody ever thought that people moving into this town right after election if you had four year terms they do not have a say in this government for the four years that they are living here. That is all I can think of. SUPERVISOR CHAMPAGNE-Thanks, Walt. Yes, sir, Paul HIGHWAY SUPT. PAUL H. NAYLOR-Paul Naylor, just one more word, I worked twenty five years, in the construction business and if I did not produce everyday I had a boss that made sure I did or he said there is the road. We only get every two years to say that to you guys. SUPERVISOR CHAMPAGNE-Anyone else? MR. TIM BREWER-Tim Brewer, Candlebury Drive Just a question to if and when you decide that you are going to pass this how will we know? And when might we know? Is it going to be advertised or just voted upon at a meeting, or? SUPERVISOR CHAMPAGNE-This will be dealt with I would believe at our next meeting, it is going to have to be we have to have sixty days prior to the election to make it valid. TOWN COUNSEL SCHACHNER-If adopted it has to be sixty days prior to the mandatory referendurn. SUPERVISOR CHAMPAGNE-So we have the August, fourteen days from today I guess the August 17th meeting. That would be about the last. TOWN COUNSEL SCHACHNER-I am not sure you couldn't do it at your first September meeting if you wanted to, but you are getting awfully close. Probably if you were going to do it you would need to do it at the August 17th meeting. MR. BREWER-So, you would make a decision either way that night? SUPERVISOR CHAMPAGNE-I would expect so. MR. BREWER-Will you re-advertise this? SUPERVISOR CHAMPAGNE-We wouldn't we will just advertise the meeting we will not advertise what goes on in that meeting that is not the normal procedure. MR. BREWER-No, I understand that, but, I mean this item, ..discussion as to whether many people knew because of the legal ad as to what this is about. SUPERVISOR CHAMPAGNE-It is up to the Board if the board choose to leave this one open we can do that, I understand what you are saying. Yes, Betty. MRS. BETTY MONAHAN-Fred, just a question for Mark, Mark if this is changed so that it calls for staggered terms is that a substantial change that calls for another public hearing? TOWN COUNSEL SCHACHNER-I would recommend that if that change occurs that there be a continuation of the public hearing at the August 17th meeting, because I think that is a significant change. SUPERVISOR CHAMPAGNE-I had a new guy, yes. MR. GILBERT BOWEN-I have a question, do the incumbents have to go through the petition process each time. SUPERVISOR CHAMPAGNE-Yes, they do. MR. BOWEN-Thank you. What does it require for the others? SUPERVISOR CHAMPAGNE-Ours is around six hundred, I know that for Supervisor, Republican Supervisor you have to have a percentage of the total Republicans, Democrats you have to have a percentage, ours is around six, I know mine is around six twenty something. MR. BOWEN-How about the other members. COUNCLMAN MERRILL-Around a hundred, round numbers. SUPERVISOR CHAMPAGNE-Back to you Nick. (Requested to come up to the mic) WARREN COUNTY SUPY. NICK CAIMANO-Nick Caimano, again. You mentioned the timing of this wouldn't it be fair to the public to leave the public hearing open and ask for written comments and wouldn't you get some kind of a straw pole from that comment to help you make a decision. If you left it open and took written comments until that time of the meeting. SUPERVISOR CHAMPAGNE-Good point. Anyone else? MRS. KATHLEEN SALVADOR-Kathleen Salvador Just a quick question, since this is such an important item why are you trying to push it through this November why can't you wait another year. COUNCILMAN MERRILL-I do not think we are trying to push it through we are just holding a, trying to get the sense of the public. MRS. SALVADOR-Yes, but it sounded as though COUNCILMAN MERRILL-There is an election coming up so it is time to talk about it. MRS. SAL V ADOR- There is an election coming up and you have, it is not election year as such. COUNCILMAN MERRILL-No, but we have to do it this year before next years election. MRS. SALVADOR-Before next years election. So, this November then it would be a referendum on the ballot? SUPERVISOR CHAMPAGNE-Yes. COUNCILMAN MERRILL-We couldn't do it next year. It is the timing, it is the time to talk about it. MRS. SALVADOR-It just sounds to me that there is so much involved and so many questions that have come up that trying to push it even to get on the ballot this year you are really pushing and may miss some important items too. That was the only thing. SUPERVISOR CHAMPAGNE-I guess I would need to ask this question and I am not here to tell you I am for it or against it, but to bring it to a referendum aren't we just saying to the public out there you know without a whole lot of research that the people are those that choose the direction that the town should go and I think to bring it to a referendum is to just say to the people here is an opportunity for you to express yourself. They can turn it down and I will say this in my conversation with the Association of Towns on Friday afternoon at about two o'clock when this comes for referendum 80% of the time it gets voted down, I will say that publicly. And that is standard practice through out the State of New York. That is how it has worked. This young lady back here I believe, you are going to have to come to the mic, please. MS. DANIELLE WEBB-My name is Danielle Webb, I am from West Mountain Road, in Queensbury. I just have a question, how does this become a referendum do the Town Board Members decide that it becomes a referendum and then the voters get to choose? SUPERVISOR CHAMPAGNE-That is correct. MS. WEBB-Just a question, why as Board Members do you want it to become a referendum? Does anyone what to answer that question? SUPERVISOR CHAMP AGNE-I do not think that is a question that I choose to answer, it is just an opportunity to me it is an opportunity to go to the people and give them an opportunity to speak their pIece. MS. WEBB-But ultimately you get to choose whether it goes to the people or not. COUNCILMAN IRISH-If the people ultimately choose if they want that. MS. WEBB-But what I am asking as a Town Board member why have you chosen for the people to decide upon this? COUNCILMAN IRISH-My personal reason for it was because when I came into office I filled a seat and got no information or no help from the Board Member that left so it took me two, three,four months to get up to speed and figure out where we were going and what we were doing. Fred had the benefit of Mike Brandt helping him out for a couple of months before he left so he did not go through that learning curve and if I don't run or somebody beats me in the next election and would hope that I would give him that benefit of that couple of months of experience, but you know if that does not happen you have got new board members coming in that have no idea where they are going from last year or what issues are being dealt with by the Town Board how many issues are left over from last year that just got put aside because they had been beaten in an election or whatever. I think it is the people's right to determine whether they want that process to continue or if they want more continuity in their government so that some of the issues that do take longer to effect are completed. Not that I want to finish every job that we ever start and hope that I never get thrown out of office but it takes so long to get anything moving that by the time we get a big project going all of a sudden it is thirteen, fourteen months later, fifteen months later you have got to start thinking about running for an election again, so maybe that issue gets pushed over there and doesn't get worked on, those things. But, again ultimately it is the people that decide whether they want that to happen or not it is not five guys sitting up here saying, yep you are going to get four year terms whether you like it or not. MS. WEBB-My comment is just that if you are confident in what you are doing as a Town Board Member you will be re-elected, correct? COUNCILMAN IRISH-WeIl you would hope, somebody could also drop dead or. MS. WEBB-I am just curious to hear from the other Board Members because really I have only heard from a few of you speak, I have not heard some of you speak at all about why this will be coming to referendum? Does anyone else have an opinion about that? COUNCILMAN MERRILL-We have not decided to take it to referendum and what we wanted to do is to give everyone a chance to comment on it to see how people feel on it. That is what we are hearing tonight. It is good. MS. WEBB-But, how do you feel? How do you all feel is what I am curious about? COUNCILMAN MERRILL-We are here to take your inputs and I will base mine on what I hear. MS. WEBB-The only comment that I have is if it is on the table right now for discussion you must have already formed an opinion about it. COUNCILMAN MERRILL-Not necessarily or we would not. SUPERVISOR CHAMP AGNE-I have not, I could come back in here on the 17th and vote no on this, after this discussion, I could do that. MS. WEBB-If you all have no opinion about it how did it get here? COUNCILMAN MERRILL-Because we felt that we should have open government where people have a chance to speak their piece and that is what you are doing tonight. MS. WEBB-Ok, thanks. SUPERVISOR CHAMPAGNE-Rick? DEPUTY HIGHWAY SUPT. RICK MISSIT A-Rick Missita, Town of Queensbury The meeting was legally advertised in the proper way and the people are speaking tonight is that correct? SUPERVISOR CHAMPAGNE-That is correct. DEPUTY MISSITA-Have you heard anybody in favor of it? SUPERVISOR CHAMPAGNE-I would have to go back through my notes. DEPUTY MISSIT A-There has not been a sole. So, think about it guys. SUPERVIOSR CHAMPAGNE-I just want to take one more then we are going to close this and go on to the whatever is next here on the, Town Clerk there we go. MR. BERNARD RAHILL-Bernard Rahill from Queensbury again. I would just like to say off hand that if Rick Missita and Bernard Rahill agree on something then it has to be. Number two, the remark that was made by our County Supervisor with regard to comments coming in that is what is known as Anthropological Research and anthropological research is based on feelings and being that you would have to interpret other peoples feelings and would not be valid research being that you are all republicans. Thank you. SUPERVISOR CHAMPAGNE-Anyone else here I will close it. Ok. I do not mean that we are going to close it we are going to leave open I think it is good that we come back on the 17th with a revised edition of this and we will obviously hopefully have a vote at that point. MR. TIM BREWER-Fred, May I just make one more comment? SUPERVISOR CHAMPAGNE-Sure. MR. BREWER-If you truly want open government advertise the day before the meeting that this is going to be discussed. Not a one inch colunm make Nick a little money. MR. DEMERS-Clifton Park does a two, two by four ads and it also explains the agenda what is on the agenda that particular night. They give total exposure to the voting public. PUBLIC HEARING NOTICE SHOWN PROPOSED LOCAL LAW - TOWN CLERK FOUR YEAR TERM SUPERVISOR CHAMPAGNE-Ok. Our next, we are going to leave that one open and now I will open the one on for term for the office of Town Clerk. Weare here to talk about four year term for the Town Clerk. First, Board want to make any mention of this? Anyone have anything to say. Hearing none, we are back to the public. MR. JOHN SALVADOR-My name is John Salvador everything I said about the previous resolution holds true for the Town Clerk, thank you. SUPERVISOR CHAMPAGNE-Anyone else care to speak for or against the four year term for a Town Clerk? Board? MR. DEMERS-I suggest that you leave this one open also, Fred. MR. JEREMY HAMMOND-I just want to know what she does? SUPERVISOR CHAMP AGNE-I cannot explain her job. Maybe this Deputy over here could. Why don't you come in tomorrow and have a little sit down session with her and get all the information that she goes through. Our public hearing is basically for us to hear from you, don't ask those tough questions. Yes, Mama. MRS. P AT JAMESON-Does anyone have a four year term right now? SUPERVISOR CHAMPAGNE-No. We need to get you on record. MRS. PAT JAMESON-Pat Jameson, Ridge Road, if no one has a four year term now and nobody else is getting one, why would the Town Clerk get four years? I mean is there a reason, to change it to four years? COUNCILMAN MERRILL-No we are asking you for your opinion on this? MRS. JAMESON-I amjust asking you is there a reason that anybody thinks that she should have twice as long an anybody else? She or he whoever it is. SUPERVISOR CHAMPAGNE-If the decision is made to go to a referendum with the and it is not know yet, you know it is an unknown but if the decision is made to go with a four year for the Town Board Members it would seem logical that you go four year for the Town Clerk. If you do not go with the Council people then I guess the Board would have to determine whether or not the four year term would be in the best interest of the town to have the Town Clerk go for four years. MRS. JAMESON-Well, then why don't you put it either or, or for both? Town Board and Town Clerk. SUPERVISOR CHAMPAGNE-Legally it is a separate issue, separate proposition. MRS. JAMESON-I just wondered why you wanted her's twice as long as anybody else? He or she however it was. Same reason as the others, in two years you could change if you were not satisfied. Thank is all. SUPERVISOR CHAMPAGNE-I have to be very honest and say Town Clerks tenure in the Town of Queensbury is considerably longer then any typical councilperson or supervisor I can vouch for that. I had a hand over here, Ron. WARREN COUNTY SUPY. RONALD MONTESI-The County Clerk and the County Treasurer serve four years and that is unusual because everybody else up there is on a two year run, I take it back maybe Fred Monroe from Chestertown just asked his town board for a four year. I will say that I can only recall two Town Clerk's in my life time here and Chase and Darleen Dougher, you are right their ten year is a lot longer, but there is bigger issue here, if you are going to consider Town Board for four years and you are going to consider Darleen Dougher for four years the Town Clerk even though you have this over riding issue with the Highway Dept. whether you are going to have one or not then you ought to be considering the Highway guy an elected guy for four years too, one way or the other he has to fit into, he is not going to be elected anymore and if he is going to be elected then it ought to be for four years too. I cannot see the justification for going for Town Board, for Town Clerk and not going for Highway Supt. SUPERVISOR CHAMP AGNE-I do not know how you would write a proposition for that, but maybe you can. Did you have your hand up Paul, Danny. MR. DANIEL OLSON-As usual I have different opinions and I am not afraid to express thern. In the position of Town Clerk I can understand and I could justify supporting you for a four year term there. That and I do not think your thoughts our your decisions if you go four years or two years with the Town Board Members should tie into the Town Clerk's decision, I think you should think those as separate issues. The Town Clerk is a different position and acts as a different role that is government, the new members you councilman and town supervisor, our town supervisor and councilmen do, you set the policy you set the rules and regulations, you run the government you are the fiscal officer even though Fred is in charge of being the Fiscal Officer the town as town supervisor the councilman also share in that responsibility, ifhe goes down the tubes he is going to take the rest of you right now with, so don't be surprised. But, that is part of the job of the elected officials and I see the Town Clerk's Office as, it is a different function then what you people are doing here, it is record keeping it is minutes it is under this system now it is collecting the taxes the water rents and whatever else goes on in that office. So, I see it as a different function and yes, I have known three Town Clerk's since I have been involved in the Town of Queensbury the last two Darleen being the current one, Darleen Dougher, Ms. Dougher and also Donald Chase both of these people I think serve approximately thirteen years each the other one before that I do not know how many years he was in here. They would not have been here so long if they were not doing a good job and the voters did not want to return them to office. I think if just speaks highly for the work that they do and the work that they have done and I have no really objection of going to a four year term in that particular office. Thank you. SUPERVISOR CHAMPAGNE-Nick. WARREN COUNTY SUPY. NICK CAIMANO-Nick Caimano, Queensbury I agree with Dan, in fact it is unfortunate that you are taking it up at the same time you are taking your own up because they are two totally different functions. Where you are in a law making position, the Town Clerk is obviously an administrative and as to the towns peoples benefit to keep that on a continuum so I guess as a taxpayer here I would support a four year term for the Town Clerk. MR. CHUCK DEMARS-Chuck Demars again. I would just like to go on record as saying that I think the present mode of operation as far as the Town Clerk is concerned is a good operation the person that is on the job presently should be commended for the job that she is doing. I think you should leave it at two years, because maybe in two years she wants to get out or here is another option lets make it an appointed job. Thank you. SUPERVISOR CHAMPAGNE-Anyone else? We will leave that one open just as we did the other. Ok. Now we come to the next one, we will leave that one open our next one we will open for the proposed Local Law entitled Appointed Highway Superintendent. PUBLIC HEARING NOTICE SHOWN PROPOSED LOCAL LAW APPOINTED HIGHWAY SUPERINTENDENT SUPERVISOR CHAMP AGNE- This young lady right here. MS. DANIELLE WEBB-Danielle Webb, again. I have several comments and several questions on this issue. My first would be I do not know if any of you all can tell me but I know the current Highway Supt. is at this meeting how long has this position been an elected position? COUNCILMAN TURNER-sixteen years. SUPERVISOR CHAMPAGNE-For as long as I am aware, I do not know, can't tell. COUNCILMAN TURNER-Sixteen years. MS. WEBB-Sixteen years, my question to you as board members, Mr. Tucker, Mr. Irish, Mr. Turner, Mr. Merrill, why change it? COUNCLMAN TURNER-I do not want to change it. MS. WEBB-Could you just tell me why you do not want to change it? COUNCILMAN TURNER-Because the Town Board should not be in the business of running the Highway Dept. We have enough to do right here we do not need to be over there and they can handle the job and they have been handling that job very well for sixteen years and maybe the next one that comes along will handle it just as well. MS. WEBB-Can any of the other Town Board Members tell me why they oppose or do not oppose? COUNCLMAN MERRILL-I have no opinion tonight, that is why we are having a public hearing to get your input. MS. WEBB-Anyone else? COUNCLMAN MERRILL-It would not be fair for us to state an opinion tonight. SUPERVISOR CHAMPAGNE-And I would agree with that as I said earlier with that same question and I do not think being here sitting in this chair being interrogated in terms of my opinion is fair to me, I advertised this meeting as a public hearing and you know that is what it is and my purpose for being here tonight is to listen to what the public has to say and I will say it again I could come back here on August 17th and vote down a referendum I have that opportunity and I would like to be able to retain and maintain that. MS. WEBB-As a registered voter though I require that the town officials that are elected I want to hear what they think. And by skirting the issues nobody is hearing what you are thinking. COUNCLMAN IRISH-You may hear them when you come back at the next meeting, I mean that you are asking us to hold a public meeting open but you want hear an opinion tonight that is not fair to us, why don't you wait MS. WEBB-But if this is an issue now why can't I hear your opinion now? COUNCILMAN IRISH-WeIl if we decide to make a decision tonight then I guess you could but our job is to listen to the public and then take that back and think about it and then make a decision that is the best for the public. MS. WEBB-But if Mr. Turner has an opinion why don't you all have an opinion? COUNCILMAN IRISH-Ted has got his opinion and COUNCILMAN MERRILL-The way I look upon it I am here to represent the citizens so I want to hear what they have to say and I have kept careful notes. MS. WEBB-In that case I will move on because I have more questions. By changing the Highway Superintendents position from elected to appointed how else will the structure of the Highway Department change? SUPERVISOR CHAMPAGNE-I do not think we have an opinion on that one either, I think what we are doing here tonight is listening should it even go to a referendum? Once a referendum is accomplished and during the time we have from now to the referendum my guess is further analysis and studies will be made in terms of what modifications and changes could conceivably happen in the best interests of the towns future. There as been no pre-determined change in structure, whatever at this, from my position anyway. MS. WEBB-So, if it goes to referendum to decide whether the position becomes is appointed or not that then the public will know how the structure within the department will change itself? COUNCILMAN TUCKER-If it passes. If the referendum passes then the structure be determined after that. If the referendum does not pass we will continue the way we are. MS. WEBB-I just have a question for Mr. Irish, in the beginning you spoke about the Highway Departments budget, I guess what my question is, if you think it is an excessive budget taking away from that budget will take away from the quality of our roads and I do not think that we can afford to do that, do you? COUNCILMAN IRISH-I do not know that if your conscious of the money that you spend on the budget by taking away from it you are going to loose the service I do not know that that is necessarily true. I think that if you are, if you look at the tax dollars that are spent and justify how they are spent I mean, I do not even want to get into the examples of you know over spending on Town Highway Roads and for what reason, so, but I think that the Town Board has a responsibility to the voters for how that money is spent, the Town Highway Superintendent doesn't. Once that money is allocated to his budget he spends it where he wants to spend it and that's entirely within his authority under highway law. You know, we cannot tell Mr. Naylor how to spend one penny over there. MS. WEBB-If that changed to an appointed position would you have more control over the budget as a Town Board since you would appoint the Highway Supt. would more control in your hands as far as the budget is concerned and where that money is spent? I guess my last comment would be, as a voter, as a registered voter, I think that I want to have more say in my government by appointing a position you are only taking, you are only letting people vote for you, you are not letting people vote for the Highway Superintendent and I think since I have been driving on these roads the quality has been excellent. I would not want to change something that is working so well. I do not know about everybody else in the Town of Queensbury but I guess the old saying goes, if it is not broke, don't fix it. That is all. SUPERVISOR CHAMPAGNE-I have not heard from you lately. Gil? MR. GILBERT BOWEN-Gilbert Bowen I would like to try to answer that young ladies question I have been in a number of meetings here where there has been a lot of dissatisfaction with Mr. Naylor's operations where he is spending money and in some cases where he is not spending money but he should be spending money as a result of that I think that is what has bubbled up this issue to begin with. Thank you. MR. GENE LASHWAY -Gene Lashway from Queensbury I also work for the Highway Department. Is this not the beginning of the DPU in the Town of Queensbury? Can you answer me that truthfully? SUPERVISOR CHAMP AGNE-I cannot answer you that truthfully. MR. LASHWAy-It is in the paper work you can see it coming. Two or three people have got it in for the Highway Department and this is you chance to do away with it. I am not throwing any stones they know who they are and a lot of people know who they are. You go down to the City of Glens Falls one instance last winter they closed the street for sixteen hours because they could not get a hold of the Highway Superintendent down there because he is appointed. Have you ever seen one of our roads closed for sixteen hours? I do not think anybody has. Pickle Hill washed out and Dick knows it, eight hours it was opened. I think all of us do a hell of a job over there and I do not think that you should change it. I do not even think it should go to referendum. Thank you. SUPERVISOR CHAMPAGNE-You are next. WARREN COUNTY SUPY. NICK CAIMANO-Nick Caimano, Queensbury A couple of things first of all just to repeat a little bit of what was just said, those of us who live in Queensbury and drive to Glens Falls every day to work especially in the winter time know full well the difference between an elected position and an appointed position. All you have to do is drive down Crandall get to the town line and you are dead. Secondly, while respecting your right to not voice your opinion until it is time to vote and I understand why you do that I think it is disingenuous of you to say that there is not something behind this. After all it did not there isn't a human cry to change this office from the public, there maybe some people and I emphasis may who do not like the way Mr. Naylor runs it but that is why it is an elected position and surely as an elected position if he was not well liked he would be voted out instead he consistently is a heavy vote getter. Now, you may not like his heavy handiness, you may not like his lovely personality and sometimes it is good and sometimes it is bad. That is neither here nor there. As an elected position you get a chance we get a chance as the electorate to say no. I think you should keep that because I do not see any ground swell out there except here for wanting to change the position from elected to appointed. Thank you. SUPERVISOR CHAMPAGNE-Tim? MR. TIM BREWER-Tim Brewer, Candlebury Drive I think the young lady that was up here first made a good point, I think the Town Board is missing the point it is not your opinion as you sit here tonight is how did it get on the agenda, somebody had to have an opinion or an idea or a reason to put this on the agenda and I think that is the point that she was trying to make or at least that was what I got out of it. Again, I would ask that the Town Board leave this hearing open and advertise because I think that if there was a big cry for this to be changed there would be more than forty, fifty people here tonight, wanting to change it, or any of these other items that we have talked about. The Town Highway Department works I do not think that this is just about Paul Naylor it was said earlier Paul is retiring it is the position, I want to have a right to vote for the person that's maintaining our highways or building them or whatever he is doing. The Town Board controls his budget, if you think he is spending too much money don't give him so much. I mean it is totally in your hands, Doug you said he you want to have control over his money Town Board gives him the money. You think he is spending a hundred thousand too much take a hundred thousand away from hirn. Justify what you are doing. I think by just changing this position you are not justifying it, if you really want to let the people have a say let the people know that you are going to make this change. Thank you. SUPERVISOR CHAMPAGNE-Ron? WARREN COUNTY SUPY. RONALD MONTESI -Ron Montesi, Queensbury I guess I am in a quandary to as to how it gets to the table here. If you gentlemen tonight said the reason why we are considering this is that there are some cost effective savings in doing it I understand it, I could deal with it, I could argue the point maybe if you are arguing that you are going to have more control you have all the control you want. There was a time here when I served for six years on the Town Board and Paul would come in every year we had ten trucks and we had a ten year cycle. We would buy him a new truck every year. At the end of ten years he would trade in the oldest truck and get a new one. That stopped under the following administration under Mike Brandt and he was controlling some stuff, well, now we are playing catch up again. But, the power of the Highway Department rests in your hands. You make that budget out with him you call the shots, he has line items to spend he may fuss around with those line items but sometimes he fusses around because you ask him to do a drainage district and it isn't in the budget and he has got to spend some money and maybe you will have to reimburse him but I like the idea of having an elected official. I have campaign with Paul for thirteen years lots of people like him there are some people in some neighborhoods I am not sure I want to go with him but basically a lot of people like Paul, I think he has done a good job and personally what I expect from my Highway guy is the road is paved, it is swept, its plowed and those are the three most important things. The next thing is drainage what more can you ask from a Highway Department than those particular things. I am not really sure that the responsibility of managing that Highway Dept. ought to fall on your hands unless you are going to show me some cost effective savings. SUPERVISOR CHAMPAGNE-Ok. Anyone else? MRS. BETTY MONAHAN-Betty Monahan, Sunnyside This is one that I made up my mind a long time ago when it surfaced in the 70's I am not in favor of an appointed Highway Superintendent. My first question to you is if it were appointed would it be under Civil Service? SUPERVISOR CHAMPAGNE-I would say yes to that. MRS. MONAHAN-I think that the Town has found that sometimes when you have a civil service appointee they are harder to get rid of when you need to because of the restrictions of civil service. SUPERVISOR CHAMP AGNE-I do not know, I better say I don't know. MRS. MONAHAN-But I think that is the problem that I am finding all this stuff is being presented to us without a lot of research. Ok. But, I think that is something to check into. I look at other municipalities around at various levels that have appointed this position I do not think that they have been a shining example I have also seen department heads under extreme pressure political pressure despite what Doug said and I would hate to see the Highway be in that type of position. I think the problem is that since nobody wants to go head to toe with Paul Naylor and Paul and I used to, right Paul, HIGHWAY SUPT. NA YOR- That is right Bet. MRS. MONAHAN-Then what you are coming up with is a solution that you are throwing the baby out with the bath water. The Town Board does have control over the Highway Superintendent through the budget you put the budget together you have got the right to say no when Paul comes in front of you with items. Once you pass that budget Paul has to stay within the allotment on those lines. So, you do have that control. I thought of the same thing that somebody else came up with, when I looked at this, how come we do not have an accompanying piece of legislation that says we are going to elect the Highway Supt. for four years? I think we have a little bit of personality here going rather than the position itself. I have been sitting back there listening, and I have been listening to the young lady from West Mountain area thinking that she had some good questions. I am wondering why this is in front of us. If Town Board Members, I have a problem with what you are saying you want to hear the will of the people, before you decided to put this forth you have the resources and the personnel to research this, these types of items. I think when you put them forth you should be coming up with the pluses and the minuses if this is done. You are asking people to make decisions without giving them very much facts. I do not think that they should be doing it on emotion, I think they should be doing it on facts. I have not seen that being offered to them tonight. I think the young ladies questions were apropos I think she is being very thoughtful I think she is being very deep thinking. If there had been a wide spread ground swell from this town to this board saying we want a see these as a referendum that is one thing, but when you put these in front of the people as a referendum without doing that kind of research of the pros and cons I think you have to look at how you are doing your jobs. SUPERVISOR CHAMPAGNE-Yes, Chuck. MR. CHUCK DEMARS-Chuck Demars Town of Queensbury Just for the record. I do not like Paul Naylor, I do not like any of his crews, I do not like him in the summer but I really like him in the winter. I really like when he can get on the honker and say there is no school I like it when his people go out two, three o'clock in the morning to plow so that my grand kids can go up and down the road safely. I do not like Paul Naylor in the sununer, I like Paul Naylor in the winter and what I think we have had is a consensus of some board members excluding Mr. Turner, because Mr. Turner has already voiced himself he has made up his mind as far as this is concerned. But, I think we have had a consensus that, lets run this town on a personality type of thing, personality. I think when anybody bucks Mr. Naylor because he has a job to do for the rest of us especially in the winter I think that we really should look at other people doing their job and tonight I am looking at four, five board people that we elect to do a job they have presented to us tonight as a voting public a proposed local law entitled Appointed Highway Superintendent. I would certainly like to see that an elected office. I would certainly like to see it every two years, I think either Paul if he doesn't run for another two years or somebody else comes in there I think if they can do a good job and if they don't they are going to be out. Like I said I do not like Paul, I do not like any of his men, but I love him in the winter. Thank you. SUPERVISOR CHAMPAGNE-This gentlemen way in the back, has not spoken lets give him the opportunity. MR. MIKE TRAVIS-My name is Mike Travis from Meadow lane Queensbury This is the first time that I have ever done this and it really takes something to get me going to come up and speak to people like this. Twenty seven years lived in Buffalo, five and a half years Syracuse quite a bit of snow, I am going to base my statement on fact. Paul Naylor as an elected official I have been here almost fourteen years has done probably a better job then anywhere I have ever lived. I feel that if you take this out of the hand of the electorate who knows what it is going to become. We have every two years they have to go out they have to get the petition sign them go to election. It is a process, as you said, it is hard but I tell you what, every time Paul steps out there he puts his feet on new pavement. Thank you. SUPERVISOR CHAMPAGNE-Dennis. WARREN COUNTY SUPY. DENNIS BROWER-Dennis Brower, Queensbury I just want to go on the record you know, I think the greatest thing about our country is the chance to vote. I think Highway Superintendent ought to be an elected position and people have the opportunity to run if they so desire and I think it should remain an elected position. SUPERVISOR CHAMPAGNE-Yes, Sir. MR. CLYDE SHERMAN-Clyde Sherman West Glens Falls I agree with that gentlemen there, I do not like Paul Naylor with some things he do, but we may have had our differences but I also have my choice to elect him or not elect him and I elected the man because he knew his job and if I do not have that position to be able to elect him, I am lost. SUPERVISOR CHAMPAGNE-Thank you. John? MR. JOHN SALVADOR-My name is John Salvador as many of your know I have had my share of differences with Paul Naylor however I maintain that if anybody is going to take him out of office I reserve the right to do that, do my share in that regard and I would take a dim view of you taking my voting privilege away. The young lady from West Mountain posed a series of questions that gives me a wonderful lead in. Basically she was asking what is going to change if he is appointed? Fundamentally I do not think anything is going to change because a referendum in this town is not going to change the State Highway Law. Section ten of the Highway law and I have read this to you once before Mr. Champagne gives the general supervision of all highways and bridges which are constructed, improved, maintained in whole or in part by aid of State moneys to the Commissioner Of Transportation and I dare say every lineal foot of road in this Town has been improved using State moneys so the Commissioner of Transportation is the man in charge we are not going to change that, by referendum. Section 140 of the Highway Law gives the general powers and duties of the Town Highway Superintendent there are numerous powers and duties here laid out we are not going to change any of those whether he is elected or appointed he is going to have the same responsibilities to the public to keep the roads open, safe and operable. Section 160 of the Highway Law provides for the removal of the Town Superintendent, the Town Highway Superintendent. A Town Highway Superintendent may be removed by the Department of Transportation upon written charges referred by the Town Board or the County Superintendent for malfeasance or misfeasance in office. If you do not like the job he is doing prepare your petition but don't take my vote away from me. Earlier this evening I quoted from one of the founders and I would like to do it again, this time Thomas Jefferson in his later years he said, I know no safe depository the ultimate powers of the society but the people themselves. And if we think them not enlightened enough to exercise their control with a wholesome discretion the remedy is not to take it from them but to inform them of their discretion by education. This is the true corrective of abuses of constitutional power. Thank you. SUPERVISOR CHAMPAGNE-Thank you. Anyone else? Dan? MR. DANIEL OLSON-I also would support maintaining the position of Highway Superintendent as an elected position. We have heard a lot of people talk here tonight about the great job Paul Naylor has done, he has done a great job. He has done an excellent job for the Town of Queensbury but that is not the main issue we are debating we are here to discuss tonight the issue tonight I believe in the public hearing is whether the position is appointed or elected. I think it should be elected. I think and I do not have to think, I know that is practical from experience my own experiences that you people hold the money. When the budget is done over and fixed up during the budget process in the fall the Highway Superintendent has to prepare that budget for next year, you ear mark the money that, approve the money he can spend that is one of your checks and balances right there. Without the money the Highway Superintendent can not do anything. Again, the voters have the other checks and balances to chose who they want to in an election. I just would like to remind you in the last election last November the position of Highway Superintendent was uncontested last November and the present Highway Superintendent collected forty six hundred votes, forty six hundred people came out to vote for a person in an elected position to be their Highway Superintendent. I think that is a pretty good, I think that is a pretty good answer to what you are asking tonight. People want to stay with that elected position and I think it is healthy that we do not loose another vote with another part of our government that we have no say over. Thank you. SUPERVISOR CHAMPAGNE-Thank you. Paul. HIGHWAY SUPERINTENDENT PAUL H. NAYLOR-Paul H. Naylor elected Highway Superintendent Town of Queensbury SUPERVISOR CHAMPAGNE-Can't go without that. HIGHWAY SUPT. NA YLOR- That is right. Nine years I have had elections I won them all two to one sometimes four to one. I ran three primaries I beat all my competitors three to one. I but be a hell of a sob if so many people vote for me. What am I doing wrong? Anything? You two guys didn't vote for my budget, you three guys did. So, why did you say you do not have no control? Wasn't I right in that? When I want to do equipment you three guys, didn't you two gentlemen vote against my budget, COUNCILMAN IRISH-We have not voted for your budget yet. We have not done your budget yet, Equipment? HIGHWAY SUPT. NA YLOR-Oh, yea the same thing, they did not vote for it did they. You three guys did. So, why are they saying they have no control? You three supported me those two didn't. Now, I realize that when my term is up I may have to think about running for Supervisor or Councilman seeing you got those four years going that may be a nice ripe old age deal for me. Maybe I could get John to run with me this is the first time him and I have agreed in eighteen years. ... am sure the Democratic back there wasn't with me I couldn't be sure. No, guys I know it is not affecting me but please I am begging you don't mess with it. There has been elected Highway Superintendents since 18 something. I hold the record, Carl Garb held the record before me, and if you can remember how many times I have told you this one statement Highway Superintendents forever, Supervisors are short timers. How many times have I told you that. SUPERVISOR CHAMPAGNE-I never planned to make a career out of this. HIGHWAY SUPT. NA YOR-I know you didn't. Let the public decide. You know that is what the, you went to court you went to all things last year and the people came out and they said bad or indifferent don't like you the way you comb your hair school teacher or not I am still going to vote for you. For Teddy I couldn't vote for him I could not vote for Dick that is the only thing I hate about the Ward System, that took my right to vote away from me. I know Ronnie said that there was three people in this same area but they were the three greatest councilmen I think I was ever involved with. Doctor Eisenhart was the fairest most gentle man I ever knew in my life., Fran Walter was too and I tangled with her many a time just like I tangled with Betty, but we are good friends today. That is what politics it about, let the people do it, don't try to take it on your own backs it will kill you. If you say the roads the county has forty miles of road in this town we get one mile a year he is not elected he is appointed by a bunch of Supervisors whoever carries the most power gets the most paving, right? I have tried to be equal with all four wards and if anybody says they are not they are a liar. I started when I got here seventeen years ago and I set up a plan on the roads to be done and you can go back as far as you want to, to every town board members that ever served on this board that has dealt with me we have went out every year on a road tour every year and I guess Betty is the longest ten year so she would tell you, she never missed a one. So, I am begging you take a second hard look at it because it will be the end of the Town of Queenbury. I have seen it not too far one way and not too far the other way. You cannot run a Highway Supt. guys he makes enemies I have made my share of enemies a lot of them but I have always done what I thought was right for the town as a whole. Thank you. SUPERVISOR CHAMPAGNE-Thank you Paul and I have got to tell you this too, no one can deny the kind of job that you have done I think we are proud of that and in fact in my first opening paragraph here I said and just as a written statement first and foremost I want to say that Paul Naylor elected Highway Superintendent for the Town over the past eighteen years has done a remarkably great job and you have and I think everyone at this table has to submit and admit to the fact that this Town is number in the Northeast and maybe the entire United States for proper highway maintenance and repair. We are not attacking a Paul Naylor you know that, you know that as well as I do, no one is attacking. HIGHWAY SUPT. NA YLOR-I just wish you had put it with your paper, you know when you sent your paper out to all the folks if you had given them some idea of the changes, if you had said, hey guys we are thinking of four year terms, hey guys we are thinking of replacing the highway superintendent, hey guys this is what, now you did I guess on something and you got a no back for four year terms. SUPERVISOR CHAMPAGNE-Four year term. HIGHWAY SUPT. NA YLOR-I do not know how, I never found out how it turned out. SUPERVISOR CHAMPAGNE-Forty eight, forty seven, forty three, Tim I think mentioned it tonight somewhere. . HIGHWAY SUPT. NA YLOR-I was on vacation everybody takes vacation this time of the year and the last thing they think about is politics, we are too busy watching Clinton chase Monica around the Court room so, I mean, what else can I say that ties up everything. SUPERVISOR CHAMPAGNE-Thanks Paul, anyone else? Yes, Sir. MR. JASON ROSLEY-Jason Rosley, Queensbury I would just like to say when I turned eighteen and I was allowed to vote I was excited about the fact that I could vote but I do not think that I really understood what it really was. At that point it was step, you know, you are getting closer to adult hood. But, now, coming into my more mature adult hood I realize it is not more with us a vote but it is a chance to voice your opinion, and actually have it put on the record. Correct me if I am wrong Mr. Irish, but, you said that you would like or you would need the responsibility to do something about like a construction project vs just regular maintenance. But, isn't that our responsibility to if we do not agree with where the money is going as far as the construction project don't we have the right for that next, when ever it happens, next election that comes up to say well I did not like the way he did this so I am not going to vote for hirn. I think if you make this an appointed position you are more or less, you can say you are taking away you are not taking away our right but you are taking away our responsibility as a general public together we have the responsibility to keep our roads the way they are if we do not like the way the roads are then we will not vote for the person that is doing it. But if the majority of the people like it they will vote for it, who ever is in the office at the time. But, I think if you do take away our responsibility essentially you are taking away our right not just to vote but our right to voice our opinion which is much more in my opinion is much more than just a right to vote, it is much more important. That is it, thank you. SUPERVISOR CHAMPAGNE-Thank you. Anyone else? Rick. DEPUTY HIGHWAY SUPT. RICK MISSITA-Rick Missita, Town of Queensbury, Deputy Highway Superintendent for the last seventeen years. On May 10th 1977 Mr. Merrill you have spoken tonight, Mr. Turner, Mr. Champagne, Mr. Irish, Mr. Tucker you have not said a darn thing. So, this meeting do you remember May 10th 1977 where you were? COUNCILMAN TUCKER-Right here. DEPUTY SUPT. MISSIT A-No not here, over there in that building. There was a public hearing on the adoption of a local law to provide the appointment instead of the election of Highway Superintendent, first person forward, instead of Mr. Salvador it was Mr. Tucker. You asked a question what brought this appointment of the Highway Superintendent, Mr. Brandt answered then you next question is what are the benefits to do this, this way, is there someone in the wings that needs this job? I guess the question has been asked that tonight, so, can you answer what the benefits will be, I mean you wanted to know then so must be you have got a different perspective now twenty some years ago then you did then. Is there any benefits that you can see to do it? COUNCILMAN TUCKER-All we are doing if these are passed DEPUTY SUPT. MISSITA-No, no, no no COUNCILMAN TUCKER-Wait a minute DEPUTY SUPT. MISSIT A-you are evading the question Mr. Tucker. SUPERVISOR CHAMPAGNE-that is his right, Rick I am sorry, as a Council person it is his right. I evade questions too. DEPUTY SUPT. MISSITA-ok. Go ahead I am not done.. COUNCILMAN IRISH-John you do not have to write that. COUNCIMAN TUCKER-If these resolutions are passed by the Town Board it is going to give you people that have been hollering about taken your vote away from you a right to vote on these things. DEPUTY SUPT. MISSITA-Ok. COUNCILMAN TUCKER-It happens in November and then if these things pass then they will be put together ok. And the next election you can throw us all out of here if you are unhappy with it. DEPUTY SUPT. MISSITA-Well that is true. But, by the way for the record, these statements that I am making are quotes from board minutes on May 10th 1977. Mr. Tucker you were quoted as saying, it looks to me that the American voters is loosing a little bit more of its power you want to take one more elected office that we have a choice to elect I think personally Carl Garb has been doing a terrific job. Now, the shoe is on the other foot, now COUNCILMAN TUCKER-What shoe is on the other foot? What have I said? DEPUTY SUPT. MISSITA-Well you are bring this... COUNCILMAN TUCKER-There are people out there, friend, and I think you know it not here, out in the public that don't think that you are doing a great job. DEPUTY SUPY. MISSITA-well, as Mr. Champagne said this was legally advertised. SUPERVISOR CHAMPAGNE-As Chairman of this I am going to maintain decorum ok, we will conduct a meeting here in a civil manner and I will tell you if you get out of control we will move onto the next subject. I said earlier I am going to say it again, please one person speaking there directly to a Council person this Council person has full privilege of either answering or not answering and that is the way we are going to have the meeting. So, if it is interrogation, Rick, DEPUTY SUPT. MISSITA-No, no, I am quoting exactly what took place twenty one years ago at a meeting when Mr. Tucker SUPERVISOR CHAMPAGNE-You read those quotes but I do not believe that it is in the right interest or the best interests of this town to have to put him on any kind of position to respond back to that, that is what you are really doing. You are asking questions, Rick. DEPUTY SUPT. MISSIT A-Mr. Champagne, no, I am reading statements. COUNCILMAN TUCKER-Where were you in 1977, Rick? DEPUTY SUPT. MISSITA-I have no idea. COUNCILMAN TUCKER-You were not interested in what was going on then? DEPUTY SUPT. MISSITA-That was not the question Mr. Tucker the question is that back then and I am not saying you are or your not, I have no idea because as Mr. Champagne says. SUPERVISOR CHAMPAGNE-We are about ready to adjourn the meeting here folks if we cannot get on with some kind of a better understanding. I am not going to allow you know cross examination, Rick, read the quotes and get done with it ok? Please, do that. DEPUTY SUPT. MISSIT A-All I can tell you is that Mr. Tucker on that meeting has an opinion tonight, granted nobody is going to give their opinion except Mr. Turner, but back then he had an opinion based on what he did not like going on back then. SUPERVISOR CHAMPAGNE-I would say as a human being he has the privilege to do that, next. DEPUTY SUPT. MISSIT A-Ok. Back then Mr. Tucker quoted as saying this looks like a witch hunt this looks like this is going back to the problems that Mr. Barber had with Mr. Garb a few years ago when he could not put any sand on the roads and make it stay. This guy is hollering why the roads were not done. My only comment it I believe that we have a de ja-vous except it is not Mr. Barber and Mr. Garb it is Mr. Tucker and Mr. Naylor. SUPERVISOR CHAMPAGNE-You have the right to that opinion. DEPUTY SUPT. MISSITA-That is why I think this whole thing has come about based on my opinion and I think this is nothing but somebody going after a position and after somebody and everybody in this room I think a good share of them in this room knows that Mr. Naylor is retiring and I have been is Deputy for the last seventeen years going on eighteen I have given twenty five years to this town and I plan on running for the election on November of 1999. SUPERVISOR CHAMPAGNE-Anyone else? MR. TIM BREWER-One more comment. Just again I want to ask the Town Board, Tim Brewer, I am sorry, just if the Town Board would leave this open re-advertise so it is noticeable to the people and let them have a chance to come in and say it they don't what this or they do what this. SUPERVISOR CHAMP ANGE-Ok. We will leave that public hearing open. We will move onto correspondence. 2.0 CORRESPONDENCE NONE 3.0 TOWN COUNCILMAN'S COMMITTEE REPORTS COUNCILMAN MERRILL-Reported on the Greater Glens Falls Transit Committee Meeting 7-23-98 the first meeting with the new Director Patrick Campbell. . . good replacement. . . update on the ridership, funding, plans for equipment upgrade and replacement and a review of the proposed budget for 1999... 4.0 OPEN FORUM ON RESOLUTIONS NONE 5.0 RESOLUTIONS RESOLUTION AUTHORIZING SUSAN CIPPERL Y TO CARRY OVER VACATION TIME RESOLUTION NO.: 293.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Susan Cipperly, Senior Planner, has requested that she be allowed to carry over four (4) vacation days past her hiring anniversary date, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Susan Cipperly to carry over four (4) vacation days past her hiring anniversary date, such vacation days to be utilized prior to December 31,1998. Duly adopted this 3rd day of August, 1998 by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT :None RESOLUTION AUTHORIZING THE CLOSING OF FIVE (5) TOWN OF QUEENSBURY CAPITAL PROJECT FUNDS RESOLUTION NO.: 294.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town of Queensbury has completed its work on the following capital projects: 1.#76 Quaker Road Sewer; 1. #82 Hovey Pond Recreation; 1.#96 Easy Street Water; 1. # 10 1 Weeks Road; 1. # 111 Highway Garage Re-Roofing; and and WHEREAS, the Town Board of the Town of Queensbury desires to close the above-named projects and transfer any remaining fund balance(s) to the originating operating or reserve funds, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to close the following capital projects, transfer any fund balances to the appropriate operating and reserve funds and take any other action necessary to effectuate the terms of this Resolution: 1.#76 Quaker Road Sewer Capital Project to #32 Quaker Road Sewer Operating Fund - Approximately $77,500; 1. #82 Hovey Pond Recreation Capital Project to #61 Recreation Assessment Reserve - Approximately $1)00; 1.#96 Easy Street Water Capital Project to #40 Queensbury Water - Approximately $8,000; 1.#101 Weeks Road Capital Project to #01 General Fund - Approximately $4,800; 1. # 111 Highway Garage Re-Roofing Capital Project to #63 Highway Garage Reserve - Approximately $430. Duly adopted this 3rd day of August, 1998 by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT:None DISCUSSION-Councilman Irish-Re: Hovey Pond concern over the quality of the pond, suggested a bid on a sediment trap on the intake pipe that we could clean out. . . questioned rather than closing that out could the funds be used for that? Controller Hess-Noted you could hold it open. We could do that out of departmental funds. . . Controller Hess noted if the project was more than thirteen hundred dollars he would not suggest keeping this fund open.. RESOLUTION AUTHORIZING ENGAGEMENT OF AMTEK MANAGEMENT SERVICES CORP. (AMTEK) TO DEVELOP AND IMPLEMENT A PERFORMANCE APPRAISAL PROGRAM, REVIEW AND UPDATE JOB DESCRIPTIONS AND CONDUCT SALARY EVALUATION FOR ASSESSOR RESOLUTION NO.: 295.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury wishes to engage the services of a professional consulting firm to develop and implement a performance appraisal program, review and update job descriptions and conduct a salary evaluation for the position of Assessor, and WHEREAS, AMTEK Management Services Corporation has offered to render these professional services for an amount of $6,500 to be billed in twelve (12) equal monthly installments, plus an additional cost of $.31 per mile for travel expenses, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes engagement of the services of AMTEK Management Services Corporation to develop and implement a performance appraisal program, review and update job descriptions and conduct a salary evaluation for the position of Assessor, for the amount of $6,500 to be billed in twelve (12) equal monthly installments, plus travel expenses at $ .31 per mile, to be paid for from the appropriate Town account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute any documents in form to be approved by Town Counsel necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of August, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES Mr. Turner ABSENT:None RESOLUTION APPOINTING JAMES GERRARD AS PART-TIME COURT OFFICER ON A PERMANENT BASIS RESOLUTION NO. 296.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, by Resolution No.: 180.98, the Town Board of the Town of Queensbury authorized the hiring of James Gerrard as a part-time Court Officer at an hourly rate of $8.50 for the first 60 days of provisional employment, and WHEREAS, Hon. Michael Muller, Town Judge, has advised the Town Board that James Gerrard's 60 day provisional employment has ended and has requested that the Town Board appoint Mr. Gerrard to the part -time Court Officer position on a permanent basis and amend his rate of pay accordingly to the hourly rate established for the part-time Court Officer position, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints James Gerrard to the part -time position of Court Officer on a permanent basis at the regular hourly rate established for the part -time Court Officer position, and BE IT FURTHER, RESOLVED, that the Town Supervisor and/or Town Controller's Office are hereby authorized and directed to complete any forms necessary to effectuate this Resolution. Duly adopted this 3rd day of August, 1998 by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT:None RESOLUTION APPOINTING SHARRON MEADE AS DATA COLLECTOR/APPRAISER RESOLUTION NO. 297.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Helen Otte, Town Assessor, previously advised the Town Board of the Town of Queensbury of the need to hire a full-time Data Collector/Appraiser in the Town Assessor's Office, and WHEREAS, Ms. Otte and the Town Board posted availability for the vacant Data Collector/Appraiser position, reviewed resumes and interviewed interested candidates, and WHEREAS, Ms. Otte has recommended a candidate for the position to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Sharron Meade to the full-time Data Collector/Appraiser position on a provisional basis effective August lOth, 1998 and until such time as she passes the Civil Service exam for the position, and subject to a six month probation period, and BE IT FURTHER, RESOLVED, that Ms. Meade shall be paid an annual salary of $30,000 to be paid on a prorated weekly basis, and BE IT FURTHER, RESOLVED, that the Town Supervisor and/or Town Controller's Office are hereby authorized and directed to complete any forms necessary to effectuate this Resolution. Duly adopted this 3rd day of August, 1998 by the following vote: AYES Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT:None ABSTAIN:Mr. Irish DISCUSSON HELD BEFORE VOTE: Councilman Irish-I was not here for the interview so I will abstain. RESOLUTION TO AMEND 1998 BUDGET RESOLUTION NO.: 298.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, certain Town Departments have requested fund transfers for the 1998 Budget and the Chief Fiscal Officer has approved said requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred and the 1998 Town Budget be amended as follows: Account Title Account Code Amount General Fund To: Court Clerk 1 1110 1062 $900 Deputy Court Clerk 1 1110 1212 $1,800 Court Officer 1 1110 1720 $195 Confidential Secretary to Supervisor 1 1220 1050 $900 Controller 1 1315 1035 $6,617 Account Clerk 1 1315 1090 $900 Senior Account Clerk 1 1315 1100 $900 Principal Account Clerk 1 1315 1180 $900 Clerk - Part Time 1 1330 1070 $150 Tax Receiver 1 1330 1120 $305 Deputy Receiver of Taxes 1 1330 1130 $900 Purchasing Agent 1 1345 1150 $183 Clerk - Part Time 1 1355 1070 $240 PT Real Property Tax Service Assistant* 1 1355 1079 $434 Assistant to Assessor 1 1355 1730 $341 Assessor 1 1355 1160 $1,100 Deputy Town Clerk 1 1410 1200 $1,800 PT Senior Account Clerk* 1 1410 1880 $159 Confidential Legal Secretary 1 1420 1890 $1,600 Records Clerk 1 1460 1061 $1,100 Director Buildings & Grounds 1 1620 1221 $1,100 Senior Coordinator 1 1620 1860 27 $900 Account Title Account Code Amount Fire Marshal 1 3410 1630 $900 Building & Code Enforcement Officer 1 3620 1372 $5,000 Exec Dir - Community Development 1 3620 1605 $289 Director Building & Codes 1 3620 1820 $1,000 Deputy Highway Superintendent 1 5010 1300 $1,100 Conf. Secty to Highway Superintendent 1 5010 1320 $900 Director Parks & Recreation 1 7020 1330 $1,100 Assistant DirectorlRecreation Program Specialist 1 7020 1360 $2,500 Historian 1 7510 1621 $90 Exec Dir - Community Development 1 8010 1605 $289 Exec Dir - Community Development 1 8020 1605 $289 Planning Assistant 1 8020 1610 $174 Senior Planner 1 8020 1620 $1,000 Social Security 1 9030 8030 $5,000 From: Payroll Contingency 1 1990 1002 $43,055 Cemetery Fund To: Cemetery Secretary 2 8810 1070 $282 Cemetery Superintendent 2 8810 1380 $1,100 NYS Retirement 2 9010 8010 $3,500 Social Security 2 9030 8030 $500 From: Payroll Contingency 2 1990 1002 $5,382 Wastewater Department To: Deputy Supt Waste Water 32 8110 1810 $1,100 Superintendent Wastewater 32 8110 1830 $1,470 Social Security 32 9030 8030 $500 From: Payroll Contingency 32 1990 1002 $3,070 Water Department To: Superintendent Water 40 8310 1490 $303 Deputy Superintendent 40 8310 1500 $0 Chief Water Plant Operator 40 8330 1540 $1,100 Maintenance Supervisor - Water 40 8340 1550 $900 From: Payroll Contingency 40 1990 1002 $2,303 Transfer Station To: Director of Solid Waste Operations 910 8160 1600 $1,100 From: Payroll Contingency 910 1990 1002 $1,100 Duly adopted this 3rd of August, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT:None RESOLUTION AUTHORIZING SALE OF OBSOLETE FORD TRUCK TO THE CITY OF GLENS FALLS RESOLUTION NO.: 299.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Councilperson Theodore Turner has advised the Queensbury Town Board that the Town possesses one 1986 Ford F-350 4x4 Truck which is obsolete and of no material value, and WHEREAS, pursuant to ~64(2-a) of the Town Law of the State of New York, the Town may sell items which are no longer needed by the Town or are worn out or obsolete, and WHEREAS, the Town of Queensbury desires to maintain a positive working relationship with the City of Glens Falls, and WHEREAS, Mr. Turner has requested Town Board authorization to sell the truck to the City of Glens Falls for $1, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town's sale of one 1986 Ford F -350 4x4 Truck, which is obsolete and of no material value, to the City of Glens Falls for $1. Duly adopted this 3rd day of August, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT:None DISCUSSION HELD: Councilman Merrill-Requested that the following statement be added to the resolution; WHEREAS, the Town of Queensbury desires to maintain a positive working relationship with the City of Glens Falls. Statement taken from a letter written by Paul H. Naylor Highway Supt. Board agreed. . . RESOLUTION ACCEPTING DEDICATION OF SURREY FIELDS DRIVE LOCATED IN THE SURREY FIELDS SUBDIVISION RESOLUTION NO. 300.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, The Michaels Group, LLC has offered a deed to dedicate Surrey Fields Drive located in the Surrey Fields Subdivision to the Town of Queensbury, which is more particularly described in the survey map presented at this meeting, and WHEREAS, Richard Missita, Town of Queensbury Deputy Highway Superintendent, has recommended acceptance of this road, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed and approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the deed for dedication of Surrey Fields Drive is hereby accepted and approved contingent upon receipt of a letter of credit in the amount of $28,000 to secure completion of the road, and of title, each of a form satisfactory to Town Counsel, and BE IT FURTHER, RESOLVED, that this acceptance is condition on seeding and mulching taking place on or before August 3rd, 1998 and that blacktopping will occur no later than October 30th, 1999, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk's Office, and BE IT FURTHER, RESOLVED, that the road be added to the official inventory of Town Highways to be described as follows: Name: Surrey Fields Drive Road Number: 520 Description: Beginning at: Bay Road and continuing in a W /N/S/ direction, a distance of 2,567' and .49 hundredths of a mile and ending at Surrey Drive Feet: 2,567' Duly adopted this 3rd day of August, 1998, by the following vote: AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES :None ABSENT:None DISCUSSION HELD: Add a second Resolved, that this is accepted with conditions seeding and mulching taking place on or before August 3rd. 1998 and that blacktopping will occur no later than October 30th 1999. 6.0 PLANNED DISCUSSIONS 6.1 OLD BUSINESS - NONE 6.1 NEW BUSINESS - 1st. meeting in September be held on Thursday September 3rd. due to Labor Day. 7.0 TOWN BOARD WORKSHOP NONE 8.0 ATTORNEY MATTERS NONE 9.0 OPEN FORUM MR. JOHN SCHEINER-Camp on Dunhams Bay has the town received an engineering report on Dunham Bay Road? COUNCILMAN MERRILL-Mr. Nace is working on this the plan is to do it in September. MR. SCHEINER-Questioned if part of the plan was to remove the culvert from the boat slip. COUNCILMAN MERRILL-I will suggest that he talk with you. MR. JEREMY HAMMOND-Noted he was upset that people left after the public hearings. MRS. BETTY MONAHAN-RE: Greater Glens Falls Transit authority... is there an update on the ridership on the trolley? COUNCILMAN MERRILL-I do not have the figures with me but it looks like it is up. MRS. BETTY MONAHAN-Noted a newspaper article that did not give Queensbury credit for funding part of the trolley. . . question if the board just took a letter of credit to cover the final coat on the Surrey Fields? I remember we stopped taking letters of credit once we got burned, we were making them come up with a check which was put in escrow. . . look at that policy again. WARREN COUNTY SUPY. BROWER-RE: Letter of Credit they are great if they are irrevocable domestic letters of credit. . . SUPERVISOR CHAMPAGNE-However when bankruptcy occurs even that does not mean an awful lot. . . will have Controller Hess look into this. HOWARD AND MARSHA KRANTZ-Spoke to the board regarding speeding on Chestnut Ridge Road. . . ask to reduce speed limit, now set at 40 mph. COUNCILMAN TUCKER-Recommend a petition from area residents requesting a lower speed limit.. . spoke to Mr. Krantz on the process of changing a speed limit.. . COUNCILMAN MERRILL-Suggested that the Sheriff be contacted. MRS. KRANTZ-Noted it is too fast, worse in the morning and in the evening. SUPERVISOR CHAMPAGNE-Noted that you cannot see the intersection sign when come around the curve onto Ridge. . . that needs to be corrected. MRS. BARBARA BENNETT-Is there are Board meeting Thursday night regarding landfill? COUNCILMAN MERRILL-There was an advertised workshop on last Thursday to talk about C&L landfill. MR. JOHN SALVADOR-Questioned the schedule of events for the Dunhams Bay Road improvements. . . COUNCILMAN MERRILL-It has not been scheduled, Mr. Nace will determine the work to be done in September. . . I will be meeting with Mr. Nace on Wednesday... MR. SALVADOR-Spoke on the Bay Road Sewer... COUNCLMAN TUCKER-Waiting for Ralph VanDusen... MR. SALVADOR-Has the Town taken a position on the Lake George Park Commission? SUPERVISOR CHAMPAGNE-We have not taken a position..when all the information is in and we know where we are at I think we should take a position. COUNCILMAN MERRILL-We are actively working with the Park Commission on stormwater... MR. SALVADOR-What about wastewater? COUNCILMAN MERRILL-That is in court. MR. SALVADOR -Noted that they are doing a shore line management program now. . . it is within your limits of taxation and zoning. COUNCILMAN IRISH-Noted he had a problem with a non elected body dealing with zoning regulations. . . MR. SALVADOR-Noted that the Town needs information on its inventory, of items that impact the value of property... I owe Mr. Turner an apology re: Seeley Cemetery, there are two Seeley Cemeteries, one town owned one private. . . the private Seeley Cemetery is in our neighborhood, it is dangerous, questioned if it is a public health hazard, graves have caved in... SUPERVISOR CHAMPAGNE-Send someone up to look at it. MR. SALVADOR-Noted it is a family cemetery, most recent grave being 1994...spoke about Juniper Drive, map showing twenty foot wide road, taken into dedication in 1983 you cannot take a road unless it is 3 rods, again boundaries and set backs have to be measured from known legal lines it involves roads and shorelines a very important issues. . . MRS. JOHN SAL V ADOR-Mr. Merrill is there any bus transportation in your ward? COUNCILMAN MERRILL-Only up Route 9 MRS. SALVADOR-We have been pushing for bus transportation up to the lake.. .year around.. . noted there are a lot of Senior Citizens..also young people, need transportation for work.. COUNCILMAN MERRILL-It is a question of the number of busses available and ridership.. . Noted there are other routes right now that have higher potential ridership. SUPERVISOR CHAMPAGNE-Will check with the Office of the Aging. Have a contract with Warren County to do senior citizens pickup, delivery, to doctors may be able to accommodate just a piece of this. MR. DEMARS-Spoke to the board noting that the Post Star left the meeting and that real government and transactions are at the end. SUPERVISOR CHAMPAGNE-Noted the Town had lost their reporter about a month and a half ago and the Post Star has not assigned anyone. John Giroux has been assigned to report so now maybe we will get some permanency to the record. MR. DEMARS, BIG BOOM ROAD, QUEENSBURY-Asked Councilman Irish what changes have been made regarding health insurance of board members? COUNCILMAN IRISH-Noted he did not accept the buy back on it does not have insurance through the Town. Haven't been able to get to a vote to do anything with this. Noted he doesn't know if he would want to do anyway with their benefits but would like to see that if it is offered to the Town Board it should be offered on a referendum for the people to vote on it whether they want to provide these benefits or not. MR. DEMARS-Asked Councilman Irish if he has a desire to bring this forth? COUNCILMAN IRISH-Noted he has raised this issue constantly., talked about this in workshop does not have enough votes to do anything with this. MR. DEMARS-Questioned how the Town has made out on the park cost wise? COUNCILMAN TUCKER-Noted still within budget. Removed the original contractor because of non- performance. MR. DEMARS-Questioned how much was budgeted to do park? SUPERVISOR CHAMPAGNE-A hundred sixty four thousand dollars so where within there. MR. DEMARS-With cost overruns and litigation? COUNCILMAN TUCKER-There isn't any litigation's? MR. DEMARS-Asked how contractor got off the job? COUNCILMAN IRISH-Noted they fired him sent him a letter. MR. DEMARS-Questioned what is the recourse? COUNCILMAN IRISH-At present had bids to finish the work they were under budget. Have to rebid the low bid came back, bid wasn't at prevailing wage rates. MR. DEMARS-Questioned what is the recreation budget? Questioned if all the moneys from the contractors go into this particular pool? CONTROLLER, MR. HESS-Recreation Department operates out of the general fund it does not have a fund of its own it is not segregated money. MR. DEMARS-Questioned if this has always been this way? SUPERVISOR CHAMPAGNE-Yes. COUNCILMAN TUCKER-There is a recreation fund that the developers pay into noted there is approximately $400,000 in that. CONTROLLER, MR. HESS-Noted that is a non-operating fund. COUNCILMAN TUCKER-It is used to pay park land or develop park land. MR. DEMARS-If this money went into a separate account so you can invest that money to make more money? COUNCILMAN IRISH-Yes. OPEN FORUM CLOSED RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 301.98 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss one personnel matter, one litigation report, and one administrative litigation matter. Duly adopted this 3rd day of August, 1998, by the following vote: Ayes: Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne Noes: None AbsentNone RESOLUTION ADJOURNING EXECUTIVE SESSION AND TOWN BOARD MEETING RESOLUTION NO. 302. 98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 3rd day of August, 1998, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne Noes: None AbsentNone On motion the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury