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1999-12-06 REGULAR TOWN BOARD MEETING DECEMBER 6, 1999 7:01 P.M. Mtg. # 46 Res. # 401-437 BOH Res. # 59-60 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL Mark Schachner TOWN OFFICIALS Paul Naylor, Highway Superintendent Ralph VanDusen, Water/Wastewater Superintendent Mike Shaw, Deputy Wastewater Superintendent Chris Round, Executive Director of Community Development Henry Hess, Controller Dennis Brower, Supervisor-Elect Dan Stec, Councilman-Elect Tim Brewer, Councilman-Elect Jim Martin, Councilman-Elect PRESS: G.F. Post Star Supervisor Champagne called meeting to order... PLEDGE OF ALLEGIANCE LED BY SUPERVISOR FRED CHAMPAGNE PUBLIC HEARING - DISCONTINUE A PORTION OF BANK STREET NOTICE SHOWN 7:02 P.M. SUPERVISOR CHAMPAGNE-First order of business, is the public hearing so we'll open the public hearing on discontinuing a portion of Bank Street. I see Jon Lapper here tonight and perhaps John, you can lead us through this. COUNSEL JON LAPPER-Good evening, my name is Jon Lapper for the record and I'm here on behalf of Ilene Flaum, the owner of the Queensbury Plaza which is the site plan map that I've placed on the board. Very briefly, this fall the Planning Board approved a modification of the site plan to allow a free standing building. It's shown as up to thirty thousand square feet but the way the lease was negotiated it will be actually twenty-four thousand square feet at the rear of the center across from where Evergreen Bank is and part of that approval is the condition that the owner of the plaza obtain the title to a point zero five acres, so one-twentieth of an acre. It's just a tiny parcel that's no longer necessary for highway purposes that used to be for turning around cars or the town snowplows when that was a dead end when Sears was here, I guess and as a condition of this, the owner has agreed to grant the town an easement so that the town vehicles and plows can turn around in the parking lot so that there's no impact on the town and that's really the extent of it. SUPERVISOR CHAMPAGNE-As a matter off act, Paul, now that that traffic through there has been reconfigured, is there a reason to even turn a snowplow around in there? PAUL NAYLOR, Highway Superintendent-Yea, they will have to, yes sometimes. COUNCILMAN TUCKER-Is this the piece we sold for a hundred thousand dollars? COUNCILMAN IRISH-Yea. SUPERVISOR CHAMP AGNE-I don't remember that. MR. NAYLOR, Highway Superintendent-That went in the Highway Account I presume. COUNCILMAN TUCKER-Yea, somewhere. COUNCILMAN IRISH-No, we gave it to the county so they could buy a Shoulder Paver. MR. NAYLOR, Highway Superintendent -Yea, that's what I figured you'd do with it. SUPERVISOR CHAMPAGNE-All right, moving right along. Anyone else from the public hear to speak for or against this sale of highway? We're really not closing a highway, as one might think as you read this but rather a hammer head will be, and to me it's a useless piece of property at this stage. It might be in our best interest to remove ourselves from the liability of it. I guess, if you look at the positives and the negatives, on that particular piece of property as it's being used today, it's my opinion, it's in the best interest of the town to probably rid itself of it to be very honest. Anyone else from the public care to speak? Pro, con, for or against, whatever your pleasure? Anything more from the board? COUNCILMAN IRISH-This is going to be built on, right Jon? It's just need for COUNSEL LAPPER-Actually, a part of it. Let me just show you. A part of it will be built on. This is the point zero five acre piece right there and about half of it will be used for green space. This is all going to be improved, it's a mess right now. It will all be cleaned up along Bank Street and planted and part of it will be within the building footprint. SUPERVISOR CHAMPAGNE-Thank you. Anything else from the board. COUNCILMAN TUCKER-I've got to ask a question? SUPERVISOR CHAMPAGNE-Sure. COUNCILMAN TUCKER-This is going to be another Fuller Road is it? SUPERVISOR CHAMPAGNE-I believe it won't be. COUNCILMAN TUCKER-Okay. COUNSEL LAPPER-I don't think anybody cares about this. SUPERVISOR CHAMPAGNE-Okay, if there's nothing more to be said that's important, I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION AND CONSENT OF QUEENSBURY TOWN BOARD TO DISCONTINUE A PORTION OF BANK STREET RESOLUTION NO.: 401,1999 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Highway Superintendent has received a written application pursuant to New York State Highway Law (171 for discontinuance of a portion of Bank Street in the Town of Queensbury described as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at the southwest corner of land conveyed to the Town of Queensbury by deed dated and recorded in Book _ of Deeds at Page _; running thence North 07 degrees, 29 minutes and 46 seconds West along the westerly bounds thereof in the easterly bounds of the lands of the grantor herein, a distance of 50.00 feet; thence running North 81 degrees, 56 minutes and 14 seconds East, a distance of 64.76 feet; thence running southwesterly along a curve to the left having a radius of 25.00 feet, a distance of 39.02 feet; thence running South 07 degrees, 29 minutes and 46 seconds East, a distance of 25.64 feet; thence running South 82 degrees, 30 minutes and 14 seconds West, a distance of 40.00 feet to the point and place of beginning, containing 0.05 acres ofland, to be the same more or less. Bearings given in the above description refer to magnetic North. and WHEREAS, the Town Highway Superintendent has issued an Order Discontinuing a Portion of Bank Street, a copy having been presented at this meeting, and WHEREAS, the Highway Superintendent has confirmed that this portion of Bank Street is not needed or used for any Town purpose, that traffic over Bank Street will continue without any change and that this portion of Bank Street is useless, and WHEREAS, although a public hearing is not required by law, the Town Board has nonetheless sought input from the public before acting, and WHEREAS, the Town Board, in its discretion, chose to conduct a public hearing concerning the discontinuance on December 6th, 1999 and heard all interested parties concerning the proposed discontinuance, and WHEREAS, the Town has received Consent(s) and Release(s) from all damages from the owners of all properties affected by the discontinuance, and WHEREAS, the only properties adjacent to the portion of Bank Street which is being considered for discontinuance are owned by Ilene Flaum, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury has determined that the only property owner affected by the discontinuance of a portion of Bank Street is Ilene Flaum as the only owner of property adjacent to the portion of Bank Street being discontinued, and that access over Bank Street will be unaffected by the proposed discontinuance, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, after having examined all of the evidence, facts and circumstances including, without limitation, the written Application, the Order of the Highway Superintendent, the Consent and Release and evidence received at the public hearing, hereby determines that the portion of Bank Street sought to be discontinued is not needed for any Town purpose and has become useless, that traffic over Bank Street will be unaffected and that this portion of Bank Street is not necessary, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board hereby consents to the Order of Town of Queensbury Highway Superintendent Discontinuing a portion of Bank Street. Duly adopted this 6th day of December, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None FRED CHAMPAGNE TOWN SUPERVISOR DOUG IRISH TOWN COUNCILMAN RICHARD MERRILL TOWN COUNCILMAN PLINEY TUCKER TOWN COUNCILMAN THEODORE TURNER TOWN COUNCILMAN PUBLIC HEARING - PROPOSED LOCAL LAW "ESTABLISHMENT OF SEWER RENTS" NOTICE SHOWN 7:06 P.M. SUPERVISOR CHAMPAGNE-We'll now open the public hearing on a proposed local law, "Establishment of Sewer Rents". Mike, do you want to, do you have anything to add or Ralph? MIKE SHAW, Deputy Wastewater Superintendent-What we're doing here, is we're establishing the rates for 2000 for Hiland Park and the Quaker Road Sewer District. Those rates are the user rates that appear on the quarterly bills which we bill on water usage. They're are a couple of reasons why we're changing those. The first reason is that in the year 2000, this coming year, we expect to have a combined water and sewer bill and doing a water and sewer, combined water and sewer bill we recognized that the water is quarterly rate, flat rate and our yearly flat rate was a problem. So, we're moving ahead in changing our yearly flat rate to a quarterly flat rate, it will be easier to understand for the users once they receive the bill. The next reason is that Hiland Park is going to have a substantial reduction in their commercial user rate for the year 2000. Approximately, five dollars per thousand less for one thousand gallons of user rate. SUPERVISOR CHAMP AGNE- They'll be happy to hear that. MR. SHAW, Deputy Wastewater Superintendent-I think they will. In saying that, I'll just give you an overview of what the rates are going to be for 2000. In Quaker Road, zero to twelve thousand five hundred gallons of metered water usage per quarter will be fifteen dollars. In excessive of that, it will be three dollars and ten cents per one thousand gallons. That's the residential user rate. Commercial user rate is unchanged, it will be five dollars and forty-five cents per one thousand gallons of metered water usage. In Hiland Park it will be zero to twelve thousand five hundred gallons per quarter, it will be twenty-five dollars per quarter. In excess of that it will be six dollars and sixty cents for one thousand gallons. For commercial, that's where you're going to see the reduction, it will be nine dollars per one thouand gallons of water usage. That's about a five dollar and eighty-five cent per one thousand gallons reduction. Once again, the users rates for both the residential in the Hiland Park and the Quaker Road Sewer District, we're basically taking the yearly rate we used to have and dividing it into four quarters. In other words, in the Quaker Road Sewer District, it used to be sixty dollars for fifty thousand gallons per year, it's now fifteen dollars for twelve-five per quarter. In Hiland Park, it used to be one hundred dollars for fifty thousand gallons, it will now be twenty-five dollars for twelve-five. SUPERVISOR CHAMPAGNE-Okay, anyone from the public have any input? I think this is a great move, tying it to the water billing. I think the reduction certainly at the Hiland is an excellent move. Their rates, if you look at the very beginning when that was first installed with no capital costs, those rates have been all over the lots so maybe from experience, we're finding ourselves leveling this thing off to a point where people can plan from one year to the next what their sewer rates are going to be and that hasn't been the case over, at least for the first four to five years that I recall when that was established. Okay, anything from the public? Anything from the board? We'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO. 7 OF 1999 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136 ARTICLE XXIV ENTITLED, "ESTABLISHMENT OF SEWER RENTS" RESOLUTION NO. 402, 1999 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 consider adoption of Local Law No.: 7 of 1999 to amend Queensbury Town Code Chapter 136, Article XXIV entitled, "Establishment of Sewer Rents," which Local Law would modify the sewer rent rates in the Central Queensbury Quaker Road and Hiland Park Sewer Districts, and WHEREAS, the Town duly held a public hearing on December 6th, 1999 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts Local Law No.: 7 of 1999 to amend Queensbury Town Code Chapter 136, Article XXIV entitled, "Establishment of Sewer Rents," as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None LOCAL LAW NO.: 7 OF 1999 A LOCAL LAW TO AMEND CHAPTER 136, ARTICLE XXIV OF QUEENSBURY TOWN CODE ENTITLED "ESTABLISHMENT OF SEWER RENTS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Section 136-137(A) of Chapter 136, Article XXIV of the Code of the Town of Queensbury entitled "Establishment of Sewer Rents," is hereby amended as follows: There is hereby established and imposed a scale of sewer rents for services rendered by the sewer system to the real property within the limits of the following sewer districts as set forth below: A. Annual charges pursuant to (136-135 hereoffor the Central Queensbury/Quaker Road Sewer District: (1) For residential properties: for 0 - 12,500 gallons of metered water usage, the charge shall be fifteen dollars ($15.00) quarterly for each residential unit, plus three dollars and ten cents ($3.10) per thousand gallons of water consumption in excess of 12,500 gallons per quarter as indicated by the current water meter readings, billed on a quarterly basis. (1) For nonresidential properties: five dollars and forty-five cents ($5.45) per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. SECTION 2. Section 136-137(C) of Chapter 136, Article XXIV of the Code of the Town of Queensbury entitled "Establishment of Sewer Rents," is hereby amended as follows: Annual charges pursuant to (136-35 hereoffor the Hiland Park Sewer District: (1) For residential properties: for 0 - 12,500 gallons of metered water usage, the charge shall be twenty- five dollars ($25.00) quarterly for each residential unit, plus six dollars and sixty cents ($6.60) per thousand gallons of water consumption in excess of 12,500 gallons per quarter as indicated by the current water meter readings, billed on a quarterly basis. (1) For nonresidential properties: nine dollars ($9.) per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 4. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 403,99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. Duly adopted this 6th day of December, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF AUDREY WANAMAKER ON BEHALF OF WINGS FOOD SERVICES, INC. BOARD OF HEALTH RESOLUTION NO.: 59, 1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the On-Site Sewage Disposal Ordinance, and WHEREAS, Audrey Wanamaker, on behalf of Wings Food Services, Inc., has applied to the Local Board of Health for two (2) variances from Chapter 136 to allow a fill system to be located 91' from designated wetlands and 156' from Lake George instead of the required 100' and 200' setbacks respectively on property located on the west side of Cleverdale near Harris Bay Marina, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on December 20th, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Audrey Wanamaker's sewage disposal variance application concerning property located on the west side of Cleverdale near Harris Bay Marina, Queensbury and bearing Tax Map No.: Section 10, Block 1, Lot 4.4 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO. 60, 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 6th day of December, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None REGULAR SESSION TOWN COUNCILMEN'S COMMITTEE REPORTS Councilman Merrill reported that Santa arrived Friday evening and helped with the Tree Lighting Ceremony and publicly thanked the town staff that helped make that such a wonderful evening for all the kids. Supervisor Champagne noted that the town has advertised for zoning and planning board members, there's a list of ten or twelve that have shown an interest and recommended that the Supervisor Elect Dennis Brower and his new board consider the applicants and make their recommendation for appointment... Town Board agreed and Supervisor Elect Brower agreed to pick up applications from Supervisor Champagne. Councilman Irish noted that he received Mr. Stec's letter of resignation and noted agreement with his idea that the town should be represented as a cross section... Councilman Turner noted that that has always been a practice to have representation from all the wards so that there was a cross section. OPEN FORUM RESOLUTIONS No one spoke... RESOLUTIONS 7:13 P.M. RESOLUTION AWARDING BID FOR SALE OF SCRAP METAL TO R. BROWN & SONS, INC. RESOLUTION NO.: 404, 1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Purchasing Manager duly advertised for the sale of scrap metal located at the Town of Queensbury Transfer Station, and WHEREAS, R. Brown & Sons, Inc., submitted the highest bid for the purchase of the Town's scrap metal, and WHEREAS, the Purchasing Manager and Solid Waste Facilities Operator have recommended that the Town Board award the bid to R. Brown & Sons, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for the sale of scrap metal to R. Brown & Sons, Inc. and further authorizes and directs that the funds received for the sale of scrap metal be deposited into the proper Town Account. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION ADDING THE INSPECTOR, LLC TO LIST OF APPROVED ELECTRICAL INSPECTION SERVICES FIRMS FOR TOWN OF QUEENSBURY RESOLUTION NO.: 405,1999 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury previously adopted Local Law No.4, 87 entitled, "Electrical Law of the Town of Queensbury," and amended the Law at the time the Town Board adopted the Queensbury Town Code (Chapter 80 - Electrical Standards), and WHEREAS, Queensbury Town Code Chapter 80 delineates criteria for businesses and/or individuals to perform electrical inspections within the Town of Queensbury, and WHEREAS, the Director of Building and Codes Enforcement recently received information from The Inspector LLC, an electrical inspection service firm which has requested that it be added to the Town's list of approved electrical inspection service firms, and WHEREAS, Town Counsel has reviewed this information and has confirmed that the documentation is in acceptable legal form and meets the Town of Queensbury's criteria for electrical inspection service firms, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes The Inspector LLC to make electrical inspections within the Town of Queensbury, subject to compliance with the standards set forth in Queensbury Town Code Chapter 80, including submission of the required fee and certificate of insurance, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Executive Director to sign any agreements and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION APPOINTING MARILYN RYBA AS SENIOR PLANNER RESOLUTION NO. 406, 1999 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously established the position of Senior Planner, and WHEREAS, the former Senior Planner, Chuck Voss, recently resigned, and WHEREAS, the Executive Director of Community Development posted availability for the vacant Senior Planner position, reviewed resumes, interviewed interested candidates and has made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Marilyn Ryba to the position of Senior Planner effective January 3rd, 2000 on a provisional basis until such time as she passes the Civil Service exam for the position and also subject to a six month probation period, and BE IT FURTHER, RESOLVED, that Ms. Ryba shall be paid an annual salary of $38,000 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Supervisor, Executive Director and/or Town Controller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of December, 1999 by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK THEATRE FESTIVAL RESOLUTION NO. 407, 1999 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Adirondack Theatre Festival presents numerous performances and events annually in the Town of Queensbury and the City of Glens Falls, thereby promoting the cultural development of the community, and WHEREAS, the Town Board of the Town of Queensbury wishes to enter into an agreement with the Adirondack Theatre Festival for the promotion of performances and events to Town residents, and WHEREAS, a proposed agreement, in form approved by Town Counsel, is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement between the Town and the Adirondack Theatre Festival and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement be paid for from the appropriate Town account. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND AMERICAN LEGION POST 533 RESOLUTION NO. 408, 1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury wishes to enter into an Agreement with American Legion Post 533, and WHEREAS, a proposed Agreement, in form approved by Town Counsel, is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Agreement between the Town and American Legion Post 533 and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BIG BROTHER/BIG SISTERS RESOLUTION NO. 409, 1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury wishes to enter into an agreement with Big Brothers/Big Sisters, and WHEREAS, a proposed Agreement in form approved by Town Counsel is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement between the Town and Big Brothers/Big Sisters and authorizes and directs the Town Supervisor to execute the Agreement, with funding to be paid for from the appropriate Town account. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE CHAPMAN MUSEUM RESOLUTION NO.: 410,1999 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Chapman Historical Museum, and WHEREAS, a proposed agreement in form approved by Town Counsel is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement between the Town and the Chapman Historical Museum and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SENIOR CITIZENS, INC. RESOLUTION NO.: 411,1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury believes it is appropriate and beneficial to provide social and recreational activities and programs to Town of Queensbury senior citizens and therefore wishes to contract with the Glens Falls Senior Citizens, Inc. for senior citizen recreational and social activities and programs, and WHEREAS, a proposed agreement between the Town and the Glens Falls Senior Citizens, Inc., in form approved by Town Counsel, is presented at this meeting, and WHEREAS, this agreement is permitted and authorized by New York State General Municipal Law ~95A, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement between the Town and the Glens Falls Senior Citizens, Inc. and authorizes and directs the Town Supervisor to execute the Agreement, with funding to be paid from the appropriate Town account. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS YOUTH CENTER RESOLUTION NO.: 412,1999 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury believes it is appropriate and beneficial to the Town to provide services and benefits such as career counseling and dinners to economically disadvantaged youths residing in the Town of Queensbury and therefore wishes to enter into an agreement with the Glens Falls Youth Center for the provision of these services and benefits, and WHEREAS, a proposed agreement, in form approved by Town Counsel, is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement between the Town and the Glens Falls Youth Center and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement to be paid for from the appropriate Town account. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING HEALTH OFFICER SERVICE CONTRACT BY AND BETWEEN ROBERT EVANS AND TOWN OF QUEENSBURY RESOLUTION NO.: 413,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by Resolution No.: 17,99, the Town Board of the Town of Queensbury appointed Robert Evans as the Town's Health Officer, and WHEREAS, the Town Board wishes to authorize an agreement with Robert Evans to serve as the Town's Health Officer for a four (4) year term beginning January 1, 2000, and WHEREAS, a proposed agreement, in form approved by Town Counsel, is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby reaffirms and re-appoints Robert Evans as the Town's Health Officer for the year 1999, and BE IT FURTHER, RESOLVED, that the Town Board appoints Robert Evans as Town Health Officer for a four (4) year term beginning January 1, 2000, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement between the Town and Robert Evans and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement to be paid for from the appropriate Town account. Duly adopted this 6th day of December, 2000, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND HYDE COLLECTION RESOLUTION NO.: 414,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Hyde Collection, and WHEREAS, a proposed agreement, in form approved by Town Counsel, is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement between the Town and the Hyde Collection and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement to be paid for from the appropriate Town account. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING CONTRACT WITH IACA WORLD AWARENESS CHILDREN'S MUSEUM RESOLUTION NO.: 415,1999 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury wishes to contract with the IACA World Awareness Children's Museum for the year 2000, and WHEREAS, a proposed Agreement, in form approved by Town Counsel, is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement between the Town and the IACA World Awareness Children's Museum and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement to be paid for from the appropriate Town account. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LITERACY VOLUNTEERS RESOLUTION NO.: 416,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury believes it is appropriate and beneficial to the Town to provide remedial reading services to Town of Queensbury adult residents with reading difficulties and therefore wishes to enter into an agreement with Literacy Volunteers for the provision of these services, and WHEREAS, a proposed agreement between the Town of Queensbury and Literacy Volunteers, in form approved by Town Counsel, is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement between the Town and Literacy Volunteers and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement to be paid for from the appropriate Town account. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF MILLER, MANNIX & PRATT, P.c. AS TOWN'S LEGAL COUNSEL RESOLUTION NO.: 417,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury requires legal representation in a wide variety of matters to deal with the numerous legal issues that come before and involve the Town, and WHEREAS, the Town has previously engaged the services of the law firm of Miller, Mannix & Pratt, P. C. as its counsel, and WHEREAS, the Town Board of the Town of Queensbury has been satisfied with the services of Miller, Mannix & Pratt, P. C. as its Town Counsel, and WHEREAS, the Town Board of the Town of Queensbury wishes to engage legal counsel on a contractual basis for the 2000 fiscal year from January 1, 2000 to December 31, 2000, and WHEREAS, a proposed Agreement for Legal Services has been provided to the Town Board prior to and at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the engagement of Miller, Mannix & Pratt, P. C. as legal counsel for and on behalf of the Town for the year 2000, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Agreement for Legal Services on behalf of the Town for the year 2000. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND MOUNTAINSIDE FREE LIBRARY RESOLUTION NO.: 418,1999 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Mountainside Free Library, and WHEREAS, a proposed Agreement, in form approved by Town Counsel, is presented at this meeting NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Agreement with Mountainside Free Library and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LITTLE LEAGUE RESOLUTION NO. 419, 99 PULLED INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner Controller Hess noted that 5.16 and 5.18 are new contracts tlIat are not recurring from prior years and during the budget process, they were contract terms discussed by the contracts have not been negotiated with either of these two new associations... there are no contracts attached here, simply the letter making the requests.... I point that out to you in case you want to firm the terms of contract before you adopt these resolutions... Town Board held discussion and agreed to pull the two resolutions and Controller Hess noted that he'll have the contracts drawn for the board's consideration at next Town Board meeting.... Councilman Irish and Councilman Turner withdrew their motions... RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY SENIOR CITIZENS, INC. RESOLUTION NO.: 419,1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury believes it appropriate and beneficial to provide social and recreational activities and programs to Town of Queensbury senior citizens and therefore wishes to contract with the Queensbury Senior Citizens, Inc. for these types of activities and programs, and WHEREAS, a proposed Agreement between the Town of Queensbury and Queensbury Senior Citizens, Inc., in form approved by Town Counsel, is presented at this meeting, and WHEREAS, this Agreement is permitted and authorized by New York State General Municipal Law ~95A, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Agreement between the Town and Queensbury Senior Citizens, Inc. and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement to be paid for from the appropriate Town account. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND VOLUNTARY ACTION CENTER RESOLUTION NO.: 420,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury wishes to enter into an Agreement with the Voluntary Action Center, and WHEREAS, a proposed agreement, in form approved by Town Counsel, is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Agreement with Voluntary Action Center and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement to be paid for from the appropriate Town account. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF CAPITAL PROJECT FUND NO.'S: 107,108 AND 116 RESOLUTION NO.: 421,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury has completed all construction and operation in the following three (3) capital projects: 1. Hudson River Park Capital Project No. 107; 1. Cemetery Building Capital Project No. 108; and 1. C&D Landfill Construction Capital Project No. 116, and WHEREAS, the final accounting shows that there is approximately $89,500 remaining in Capital Project Fund No. 107, approximately $1,400 remaining in Capital Project Fund No.: 108 and approximately $15,900 remaining in Capital Project Fund No.: 116, and WHEREAS, the Town Board of the Town of Queensbury wishes to close these Capital Project Funds as of December 31st, 1999 and transfer each fund's remaining fund balances as follows: 1. Capital Project Fund No. 107 Funds to Recreation Assessment Reserve Fund No. 61; 1. Capital Project Fund No. 108 Funds to Cemetery Fund No. 02; 1. Capital Project Fund No. 116 to Landfill Closure Reserve Fund No. 63, 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 three (3) capital projects: 1. Hudson River Park Capital Project No. 107; 1. Cemetery Building Capital Project No. 108; and 1. C&D Landfill Construction Capital Project No. 116; and transfer each fund's remaining fund balance to: 1. Capital Project Fund No. 107 Funds to Recreation Assessment Reserve Fund No. 61; 1. Capital Project Fund No. 108 Funds to Cemetery Fund No. 02; 1. Capital Project Fund No. 116 to Landfill Closure Reserve Fund No. 63, and BE IT FURTHER, RESOLVED, that any further revenue the Town may receive from New York State concerning the Hudson River Park Capital Project shall be deposited directly into the Recreation Assessment Reserve Fund, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller's Office to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of December, 1999 by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING INSURANCE OF TOWN OF QUEENSBURY'S WORKERS COMPENSATION RISK WITH STATE INSURANCE FUND RESOLUTION NO.: 422, 1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury presently insures the Town's workers compensation risk through the Warren County Self-Insurance Program, and WHEREAS, the Town Controller has advised the Town Board that the Town can immediately save on its worker's compensation insurance premiums and also obtain training and loss control support if the Town Board authorizes insuring the Town's worker's compensation risk, including all fire companies and ambulance squads, with the State Insurance Fund through the New York Municipalities Safety Group 497, and WHEREAS, the proposed new insurance will take effect January 1, 2000, with the initial policy period to expire on June 30, 2000 and automatically renew for 12 month periods thereafter, and WHEREAS, the Town Board believes that by changing from self-insurance through Warren County to the New York Municipalities Safety Group 497, there will be improved safety and claims management resulting in lower premiums and less frequent and serious injuries to Town employees and emergency service volunteers, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes insurance of the Town's worker's compensation risk, including all fire companies and ambulance squads, with the State Insurance Fund through the New York Municipalities Safety Group 497, with the new insurance to take effect January 1,2000, and initial policy period expiring June 30, 2000 and automatically renewing for 12 month periods thereafter, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller and/or Town Supervisor to execute the necessary forms or applications and take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None Discussion Before Vote: Town Board held brief discussion with Richard Danzig, who represents Professional Underwriters regarding their role in the worker's compensation insurance program... vote taken. RESOLUTION AUTHORIZING AMENDMENT TO (301 AND (301A OF TOWN EMPLOYEE HANDBOOK RESOLUTION NO.: 423,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, by Resolution No.: 391.99, the Town Board of the Town of Queensbury authorized an amendment to (300 of its Employee Handbook entitled "Employee Classifications" by adding (301 "Elected Officials - Full-Time" and (301A "Elected Officials - Town Councilpersons" to more clearly define full-time and less than full-time elected officials and their respective benefits, and WHEREAS, the Town Board wishes to make changes to these newly added sections, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the amendment to (300 "Employee Classifications" of its Employee Handbook to read as follows: 300 EMPLOYEE CLASSIFICATIONS 301 Elected Officials - Full-Time Includes the following elected officials who work a full-time-equivalent work schedule: Town Supervisor Town Justices Town Clerk Highway Superintendent Full-Time Elected Officials are entitled to the following group health insurance benefits: ?Full payment by the Town for HMO individual, 2-person, or family coverage (except dental); or ?Payment by the Town for 91 % of the Town's PPO plan for individual or family coverage (except dental), the balance to be paid by the Elected Official through payroll deduction; or ?If the Full-Time Elected Official has other qualifying health insurance he/she may waive coverage under the Town's Group Health Insurance plans and receive a $95 per month Waiver payment. ?Full- Time Elected Officials may subscribe to the Town's dental plan; the cost sharing between the Town and the Official will be the same as for non-union full-time employees. Full-Time Elected Officials are entitled to other employee benefits afforded non-union full-time staff in the Employee Handbook. 301A Elected Officials - Town Councilpersons Town Board Members representing the four Wards are considered to be an employee class distinct from Full-Time Elected Officials, and full-time and part-time employees. Town Councilpersons are entitled to the following group health insurance benefits: ?Full payment by the Town for HMO individual, 2 person, or family coverage (except dental); or ?Payment by the Town for 91 % of the Town's PPO plan for individual or family coverage (except dental), the balance to be paid by the Councilperson through payroll deduction; or ?The Councilperson may waive Group Health Insurance coverage and receive a $95 per month Waiver payment. ?Town Councilpersons may subscribe to the Town's dental plan by paying 100% of premiums through payroll deduction. Town Councilpersons are entitled to other employee benefits afforded non-union part -time staff in the Employee Handbook. and BE IT FURTHER, RESOLVED, that the benefit cost sharing changes for elected officials which are incorporated in sections 301 and 301A will be effective January 1, 2000, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor's Office to distribute copies of the amendment to all Town employees and elected officials and amend the Employee Handbook accordingly. Duly adopted this 6th day of December, 1999 by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING RENEWAL CONTRACTS FOR EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH EMPIRE BLUE CROSS BLUE SHIELD RESOLUTION NO.: 424,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town of Queensbury previously entered into agreements for employee group health insurance plans with Empire Blue Cross Blue Shield, and WHEREAS, the Town Controller has negotiated renewal contracts for the year 2000 with Empire Blue Cross Blue Shield and has presented the contract rate adjustment pages delineating the proposed 2000 monthly premiums at this meeting, and WHEREAS, the proposed contract rate adjustment pages have been presented at this meeting and are in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes renewal contracts for the year 2000 with Empire Blue Cross Blue Shield as presented in the contract rate adjustment pages presented at this meeting, with the 2000 month premiums as follows: MEDICARE Individual 2-Party Family Individual 2-Party Family Matrix 302.24 nla 848.40 352.07 nla nla Deluxe PPO 240.71 nla 703.66 221.3 8 nla nla Blue Choice HMO 204.33 401.22596.81 153.42 349.80 545.39 Dental 40.21 nla 40.21 nla nla nla and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Controller to execute any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF GROUP HEALTH INSURANCE COST SHARING FORMULAE FOR ELIGIBLE NON-UNION EMPLOYEES RESOLUTION NO.: 425, 1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, eligible non-union Town of Queensbury employees contribute toward the premium and receive group health insurance and prescription drug coverage provided under the Empire Blue Cross Blue Shield Matrix Plan, Empire Deluxe PPO Plan or the Blue Choice HMO plan, along with dental coverage, and WHEREAS, the Town Board of the Town of Queensbury wishes to adopt group health insurance cost sharing formulae for all eligible non-union employees, except elected officials, effective January 1, 2000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts group health insurance cost sharing formulae for all eligible non-union employees, except elected officials, effective January 1, 2000 as follows: Employee Share Town Share Matrix Empire Deluxe PPO Blue Choice HMO Dental - Individual Coverage - Dependent Coverage 12% 9% 0% $ 7.00 per month $10.50 per month 88% 91% 100% and BE IT FURTHER, RESOLVED, that in accordance with Town Employee Handbook Section 701, "Health Insurance - Comparable Coverage," waiver benefits will remain at $35 per month for employees eligible for individual coverage and $95 per month for employees eligible for dependent coverage, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Controller's Office to sign any documentation and take any and all steps necessary to implement the terms of this Resolution. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF GROUP HEALTH INSURANCE COST SHARING FORMULAE FOR ELIGIBLE RETIREES RESOLUTION NO.: 426,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, eligible retired Town of Queensbury employees contribute toward the premium and receive group health insurance and prescription drug coverage provided under the Empire Blue Cross Blue Shield Matrix Plan, Empire Deluxe PPO Plan or the Blue Choice HMO plan, and WHEREAS, the Town Board of the Town of Queensbury wishes to adopt group health insurance cost sharing formulae for all eligible retirees effective January 1, 2000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts group health insurance cost sharing formulae for all eligible retirees effective January 1, 2000 as follows: Retiree Share Town Share Medicare Premium Reimbursement Matrix Empire Deluxe PPO Blue Choice HMO 15% 9% 0% 85% 91% 100% 85% 91% 100% and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Controller's Office to sign any documentation and take any and all steps necessary to implement the terms of this Resolution. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ONE-TIME INCENTIVE PAYMENT TO ELIGIBLE NON-UNION EMPLOYEES CURRENTLY ENROLLED IN MATRIX PLAN WHO CHANGE TO BLUE CHOICE HMO PLAN RESOLUTION NO.: 427,1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury is conducting an Employee Group Health Insurance Open Enrollment on January 1,2000 whereby employees may change from the health insurance plan in which they are currently enrolled to another offered plan, and WHEREAS, as a cost-saving measure for the Town, the Town Board will offer a one-time incentive payment of $200 to eligible non-union Town employees currently enrolled in the Blue Cross Blue Choice Matrix Plan (either individual or family coverage) who change to the Blue Choice HMO Plan effective January 1, 2000, and WHEREAS, in order to be eligible for the incentive payment, the employee must submit his/her properly completed and signed application and authorization to the Town Controller's Office no later than Friday, December 17th, 1999 at 3 :00 p.m., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a one-time incentive payment of $200 to non-union employees currently enrolled in the Blue Cross Blue Choice Matrix Plan (either individual or family coverage) who change to the Blue Choice HMO Plan effective January 1,2000, so long as the employee submits his/her properly completed and signed application and authorization to the Town Controller's Office not later than Friday, December 17th, 1999 at 3 :00 p.m., as late submissions will not qualify for the incentive, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Controller's Office to include the incentive payment in the December 23rd, 1999 payroll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Controller's Office to sign any documentation and take any and all steps necessary to implement the terms of this Resolution. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION ESTABLISHING GROUP HEALTH INSURANCE BENEFIT OPTIONS FOR FULL- TIME, NON-UNION EMPLOYEES NEWLY HIRED OR REHIRED ON OR AFTER JANUARY 1, 2000 RESOLUTION NO.: 428, 1999 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 establish group health insurance benefit options for its full-time, non-union employees newly hired or rehired on or after January 1, 2000, and WHEREAS, the group health insurance benefits established by this Resolution will not apply to employees on the payroll and eligible for group health insurance coverage as of December 31, 1999, employees temporarily off the Town's payroll for approved disability leave, workers' compensation leave or leave provided by the Family Medical Leave Act so long as the employee returns to work after the conclusion of the authorized leave, nor will these benefits apply to elected officials as defined in sections 301 and 301A of the Town of Queensbury's Employee Handbook, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes group health insurance benefit options for its full-time, non-union employees newly hired or rehired on or after January 1, 2000 as follows: 1. Full payment by the Town for HMO individual, 2-party or family coverage (except dental); or 1. An amount equal to the employee's entitlement under option no. 1 listed above toward PPO coverage, with the employee paying the full balance of the premium through payroll deduction; or 1. If the employee is eligible for and elects to waive group coverage, the comparable coverage waiver benefit described in the Town's Employee Handbook; and 1. Under options 1 and 2 listed above, the employee may also subscribe to the Town's dental coverage plan at the cost sharing formula offered to other non-union employees; and BE IT FURTHER, RESOLVED, that the group health insurance benefits established by this Resolution will not apply to employees on the payroll as of December 31, 1999, employees temporarily off the Town's payroll for approved disability leave, workers' compensation leave or leave provided by the Family Medical Leave Act so long as the employee returns to work after the conclusion of the authorized leave, nor will these benefits apply to elected officials as defined in paragraphs 301 and 301 of the Town of Queensbury's Employee Handbook, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Controller to sign any documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None Discussion Before Vote: Controller Hess suggested one change to the resolution in the second whereas; this Resolution will not apply to employees on the payroll (insert the following words) and eligible for group health insurance coverage, as of December 31, 1999..... Councilman Irish and Councilman Merrill agreed to change and the vote was taken. RESOLUTION TO AMEND 1999 BUDGET RESOLUTION NO.: 429,1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, certain Town Departments have requested fund transfers for the 1999 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred and the 1999 Town Budget be amended as follows: BUILDINGS & GROUNDS: FROM: TO: $ AMOUNT: 01-1620-1400 (Laborer A Payroll) 01-1620-1470-0002 (Working Foreman OT) 1,000. 01-1620-1400 (Laborer A Payroll) 01-1620-1530-0002 (Building Maintenance OT) 750. 01-1620-1400 (Laborer A Payroll) 01-1620-1230-0002 (Cleaner OT) 250. 01-1620-4791 (Equipment Maint. ) 01-1620-2001 (Misc. Equipment) 600. 01-3310-4300 (Utilities) 01-3310-1002 (Misc. Payroll) 1,000. CEMETERY: FROM: TO: $ AMOUNT: 02-8810-2899 (Misc. Capital Cons.) 02-8810-4110 (Vehicle Repair & Main) 600. 02-8810-2001 (General Equipment) 02-8810-4400 (Contractual) 900. COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8020-1620-0000 01-1680-2031-0000 2,000. (Sr. Planner) (Data Processing Equipment) CONTROLLER: FROM: TO: $ AMOUNT: 01-1990-4400 01-4020-4400 800. (Contingency) (Vital Statistics) PARKS & RECREATION: FROM: TO: $ AMOUNT: 01-7020-1340-0000 01-7020-4220-0000 695. (Rec. Specialists, PT) (Training & Education) 01-7020-1340-0000 01-7110-2080-0000 1,600. (Rec. Specialists, PT) (Pool Equipment) 01-7020-13 50-0000 01-7110-4070-0000 395. (Rec. Maint., PT) (Equip Rep. & Maint.) 01-7020-13 50-0000 01-7110-4400-0000 3,500. (Rec. Maint., PT) (Misc. Contractual) TOWN COUNSEL: FROM: TO: $ AMOUNT: 01-1420-1890-0002 01-1420-4400 200. (Conf. Legal Sec.-OT) (Misc. Contractual) VARIOUS DEPARTMENTS: FROM: TO: $ AMOUNT: 01-1990-4400 01-8010-4720 2,000. (Contingency) (Consulting) 01-5410-4400 01-5410-2045 15,344. (Misc. Contractual) (Maint. Equip.) 01-1990-4400 01-5410-2045 10,626. (Contingency) (Maint. Equip.) Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING IMPLEMENTATION OF VOLUNTARY SICK LEAVE BANK RESOLUTION NO.: 430, 1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury realizes the possibility of a Town employee suffering a long-term, debilitating illness or injury that might extend beyond the employee's sick leave entitlement thus endangering the welfare of the employee and his/her dependents, and WHEREAS, the Town Board wishes to explore the possibility of pooling sick leave benefits on a voluntary basis that would afford pool participants an extra level of sick leave protection under critical circumstances, and WHEREAS, the Town Board wishes to authorize the Town Supervisor and Town Controller to explore sick leave "banks" which Town Counsel deems to be lawful and which have been enacted and successfully implemented in other governmental municipalities, and WHEREAS, the Town Board is aware that this exploration process may take months and therefore, in the meantime, the Board wishes to provide some level of income and group health insurance continuance to the Town's current Computer Technology Coordinator during his current serious health emergency, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor and Town Controller to explore sick leave banks which Town Counsel deems to be lawful and which have been enacted and successfully implemented in other governmental municipalities, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller to implement a temporary, voluntary sick leave bank in the form presented at this meeting to be made available to the Town's current Computer Technology Coordinator, which bank will accept voluntary, one- time contributions of unused sick leave from Department Managers and non-union employees from which the current Computer Technology Coordinator can draw on after exhausting his own leave, at his discretion, for the purpose of the medical emergency through June 30, 2000 or until a permanent sick leave bank is established, and BE IT FURTHER, RESOLVED, that the Town Board authorizes Department Managers and non-union employees to make one-time, voluntary, non-refundable contributions to the sick leave bank of up to ten (10) sick leave days per employee not to exceed twenty-five percent (25%) of the employee's unused sick leave to his/her credit as of December 1, 1999, with contributions to the bank to be accepted until December 31, 1999, and BE IT FURTHER, RESOLVED, that any sick leave not used by the current Computer Technology Coordinator will be transferred to a permanent sick leave bank and will be made available to future participants under terms to be established by the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Controller to sign any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of December, 1999 by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION SEEKING SEQRA LEAD AGENCY STATUS FOR CREATION OF VETERANS FIELD INDUSTRIAL PARK RESOLUTION NO.: 431,1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury has determined to begin an environmental review process under the State Environmental Quality Review Act (SEQRA) for a series of actions leading to the development of the Veterans Field Industrial Park, and WHEREAS, such actions include the rezoning of portions of the property to Light Industrial and the creation of a special zoning designation applicable to the entire project that will allow a simplified approval process for projects that meet certain site and environmental criteria, and WHEREAS, the project involves the extension of infrastructure to the site by the City of Glens Falls and associated approvals by State Agencies, and WHEREAS, the Town Board has identified the creation of the Veterans Field Industrial Park to be a Type I Action for the purposes of SEQRA review pursuantto 6 NYCRR 617.4(b)(2) and 617.4(b)(6)(i), (iv) and (v), and WHEREAS, the Town Board is the agency most directly responsible for approving the actions because of its responsibility for approving the land use designation for the property, and WHEREAS, the Town Board has identified the use of a Generic Environmental Impact Statement (GElS) as an appropriate mechanism for analyzing the series of related activities that collectively make up the action, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its wish to be Lead Agency for SEQRA review of this action and authorizes and directs the Department of Community Development to notify any other potentially involved agencies including the City of Glens Falls, Queensbury Planning Board, New York State Department of Environmental Conservation, New York State Department of Health, New York State Department of Transportation, Warren County Department of Public Works and U.S. Army Corps of Engineers of such intent. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AMENDING RES. 261.99 REGARDING EQUIPMENT LEASE-PURCHASE AGREEMENT WITH CHASE EQUIPMENT LEASING, INC. RESOLUTION NO.: 432, 1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by Resolution No. 261.99, the Queensbury Town Board authorized entering into an equipment lease-purchase agreement with Chase Equipment Leasing, Inc., and WHEREAS, Chase Equipment Leasing, Inc., has provided the agreement in the form authorized with a provision where the Town is to designate it as exempt under Internal Revenue Code (265(b)(3), and WHEREAS, this is acceptable to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No. 261.99 by adding the following "RESOLVED" clause to the end of that Resolution to read as follows: RESOLVED, that to the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended (the "Code"), the Town hereby designates the bonds and/or notes as "qualified tax- exempt obligations" under (265(b)(3) of the code. The Town hereby covenants that it will (I) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. and BE IT FURTHER, RESOLVED, that Resolution No.: 261.99 is hereby affirmed and ratified in all other respects. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR BORING MACHINE/PIPE PULLER AND RELATED EQUIPMENT FOR WATER DEPARTMENT RESOLUTION NO.: 433,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously adopted purchasing procedures which require that any purchase in an amount of $5,000 or greater up to New York State bidding limits must be approved by the Town Board, and WHEREAS, the Water Superintendent solicited proposals for the purchase of one (1) boring machine/pipe puller and related equipment for use by the Water Department and has requested Town Board authorization to purchase the equipment from Pow-R Mole Sales & Service for the amount of $7,973 for the boring machine/pipe puller and $3,611.11 for the related equipment, and WHEREAS, the Purchasing Manager has reviewed the information received by the Water Superintendent and concurs with his recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of one boring machine/pipe puller for the amount of $7,973 and related equipment for the amount of $3,611.11 from Pow-R Mole Sales & Service to be paid for from Account No.: 040-8340-2060, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None TOWN BOARD WORKSHOP 7:50 P.M. Town Board held discussion regarding sale of water to the City of Glens Falls... Supervisor-Elect Dennis Brower and Councilman-Elect Dan Stec both agreed to leave the deal on the table as presented and stand firm. .. Councilman Irish referred to editorial in paper and noted his agreement with Mr. Missita and Mr. Naylor regarding their proposal to negotiate some kind of rental arrangement with the county to use the highway equipment. Councilman-Elect Tim Brewer referred to the water sale to the city and recommended that the two boards sit down, face to face and discuss whatever avenue possible to make it work.... Controller Hess referred to the EMS and Fire Budgets that he presented previously to the Town Board and requested permission to distribute those to the Fire and EMS Companies... Town Board agreed and Controller Hess noted that he'll send them out tomorrow. Ralph VanDusen, Water Superintendent noted that he received late this afternoon a copy of a proposal for engineering services for the map, plan and report for the creation of a sewer district along Queensbury Avenue.... Mike and I will review it and we'll have a recommendation to the board at the next Town Board meeting two weeks from today... OPEN FORUM 8:14 P.M. Mark Hoffman, Fox Farm Road referred to the sale of water to the City of Glens Falls and the negotiations of the watershed property and noted his main concern that should be a top priority for the town is to protect the watershed property from any development... recommended the property as a recreational resource.... consider monies from the Environmental Bond Act.... George Stec noted that the Glens Falls watershed property is a major income property.... they timber that land and make a very substantial amount of money. . .. I see the sale of water and the watershed property as two separate issues.... Agree that the watershed property would be outstanding for recreational development and noted there's a Multiple Use Forestry where they can harvest their timber and still have the public use it for recreational opportunities... Councilman-Elect Jim Martin agreed with the recommendation to hold an open, well advertised joint meeting with the city council to discuss the water issue and the watershed property. Discussion held regarding the watershed property... Jack LaBombard noted his encouragement for inter-municipal cooperation.... the town needs to work together with the city regarding water, sewer, recreation and any other issues out there... if we don't come together, sooner or later the town's going to pay anyhow. Councilman-Elect Tim Brewer recommended to Supervisor Champagne to call the Mayor tomorrow requesting a meeting of their full board, the town's newly elected board and the sitting board. Supervisor Champagne agreed to make the call and try to set up the meeting. Councilman Merrill questioned whether the town pursues a conservation or recreation easement is it subject to referendum or permissive referendum? Town Counsel Schachner noted that it depends what the financial structure is to get how we're going to pay for a real property interest.... if cash is involved, it would likely be subject to referendum.... we can answer that question in great detail for you tomorrow. OPEN FORUM CLOSED 9: 15 P.M. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 434,99 INTRODUCED BY: Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a personnel issue. Duly adopted this 6th day of December, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO.: 435,99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 6th day of December, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF RYAN LASHWAY AS PART-TIME COMPUTER TECHNOLOGY ASSIST ANT RESOLUTION NO.: 436, 1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Controller has advised the Town Board that it is necessary to employ a part-time Computer Technology Assistant, and WHEREAS, the Town Controller posted availability for the position, reviewed resumes, interviewed interested candidates and has made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller to hire Ryan Lashway as part-time Computer Technology Assistant on an as-needed basis up to 30 hours weekly, at the hourly salary of $10 to be paid for from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Controller and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of December, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION TO ADJOURN MEETING RESOLUTION NO.: 437,99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Regular Town Board Meeting. Duly adopted this 6th day of December, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY