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2001-11-26 SP SPECIAL TOWN BOARD MEETING NOVEMBER 26, 2001 RES. 436-4397:00 p.m. MTG.#51 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN BOARD MEMBER ABSENT COUNCILMAN JAMES MARTIN 1.0 RESOLUTIONS Town Counsel Bob Hafner-Reviewed for the Town Board the proposed resolution regarding bonds for the Central Queensbury Quaker Road Sewer District, refinancing the bonds at a lower interest rate, estimated savings-$78, 709. REFUNDING BOND RESOLUTION DATED NOVEMBER 26,2001 RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $1,024,666 AGGREGATE PRINCIPAL AMOUNT REFUNDING BONDS OF THE TOWN OF QUEENSBURY TO REFUND SERIAL BONDS ISSUED TO PAY A PORTION OF THE COST OF THE ACQUISITION, CONSTRUCTION, AND INSTALLATION OF A SANITARY SEWER SYSTEM IN THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO.: 437, 2001 DEFEATED INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, on September 1, 1990, the Town of Queensbury (the "Town") issued its Quaker Road Sewer District Bonds, Series 1990, in the aggregate principal amount of $1,975,000 (the "Bonds") to finance an increase in the cost of the sanitary sewer system being constructed in the Central Queensbury Quaker Road Sewer District (the "Project"); and WHEREAS, the Bonds were sold to the New York State Environmental Facilities Corporation ("EFC") in connection with the Clean Water State Revolving Fund ("CWSRF"); and WHEREAS, after March 15, 2001, the outstanding principal amount of the Bonds may be redeemed in whole at any time and in part on any interest payment date, at a redemption price of 100% of the principal amount to be redeemed plus accrued and unpaid interest to the redemption date; and WHEREAS, EFC is engaged in a refinancing initiative whereby the Bonds may be refinanced to reduce the Town's net interest cost; and WHEREAS, the Town Comptroller has estimated the savings which would accrue to the Town in such refinancing to have a net present value of approximately $78,709; and WHEREAS, the Town can authorize such refunding pursuant to Section 90.00 of the Local Finance Law; and WHEREAS, the Town wishes to refund the Bonds by issuing certain Refunding Bonds and selling them to EFC; and WHEREAS, it would be in the public interest to refund the Bonds by issuance of Refunding Bonds; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is to refund the $991,000 outstanding principal amount of Town of Queensbury Quaker Road Sewer District Bonds, Series 1990, originally issued on September 1, 1990 in the aggregate principal amount of $1,975,000 (the "Bonds") to finance an increase in the cost of the sanitary sewer system being constructed in the Central Queensbury Quaker Road Sewer District (the "Project"), together with costs and expenses incidental to issuance of the refunding bonds; and such refunding is hereby authorized in the maximum amount of One Million Twenty-four Thousand Six Hundred Sixty-six and 00/100 Dollars ($1,024,666.00) (the "Refunding"). Section 2. The maturity dates, interest rates and principal amounts of the Bonds to be refunded are as follows: MATURITY DATE RATE INTEREST AMOUNT PRINCIPAL 09/15/2002 7.15% $102,000.00 09/15/2003 7.50% $104,000.00 09/15/2004 7.50% $106,000.00 09/15/2005 7.50% $108,000.00 09/15/2006 7.50% $110,000.00 09/15/2007 7.50% $112,000.00 09/15/2008 7.50% $114,000.00 09/15/2009 7.50% $116,000.00 09/15/2010 7.50% $119,000.00 TOTAL $991,000.00 Section 3. The plan for the financing of such maximum estimated refunding cost is by the issuance of up to $1,024,666 in Refunding Bonds of the Town (the "Refunding Bonds"), hereby authorized to be issued pursuant to the Local Finance Law. The Refunding Bonds will bear interest at a rate lower than that borne by the Bonds to be refunded. The net present value of the total debt service savings anticipated is estimated to be $78,709. Section 4. Pursuant to Local Finance Law Section 90.00(g)(l), no down-payment from current funds is required. Section 5. The period of probable usefulness permitted by law for which the Bonds were issued at the time of the issuance of the Bonds was forty (40) years, pursuant to Subdivision 4 of paragraph (a) of Section 11 of the Local Finance Law. It is hereby determined that the Refunding Bonds shall mature not later than such maximum period of probable usefulness computed from the date of issuance of the Bonds or any date issued in anticipation of the Bonds. It is hereby further determined that the maximum maturity of the Refunding Bonds herein authorized will exceed five (5) years. Pursuant to Local Finance Law Section 90.00(g)(2), the authorization of the issuance of Refunding Bonds is not subject to mandatory or permissive referendum. Section 6. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years. There shall annually be levied on all the taxable real property of the District within the Town a levy and collection of taxes sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 7. For the purpose of refunding the Bonds, including related preliminary and incidental costs, there are hereby authorized to be issued Refunding Bonds of the Town up to a maximum amount of $1,024,666, the maximum maturity of which shall not exceed the remainder of the 40 year period of probable usefulness as set forth above, and which shall mature on or before the date of the expiration of the period of probable usefulness as measured from the date of the Bonds or any Notes issued in anticipation of the Bonds. Section 8. The Town Board hereby determines that no annual installment of each separate series of the Refunding Bonds shall be more than fifty percent (50%) in excess of the smallest prior as follows: installment. The proposed maturities of the Refunding Bonds are MATURITY DATE 09/15/2002 09/15/2003 09/15/2004 09/15/2005 09/15/2006 09/15/2007 09/15/2008 09/15/2009 09/15/2010 TOTAL PRINCIPAL AMOUNT $110,000.00 $120,000.00 $114,666.00 $115,000.00 $115,000.00 $115,000.00 $115,000.00 $110,000.00 $110,000.00 $1,024,666.00 Section 9. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to prescribe the terms, form and contents of the Refunding Bonds, the terms of the private sale to EFC, including the form, terms and conditions of the CWSRF Project Financing and Loan Agreement to be prepared by EFC, and the power to sell and deliver the Refunding Bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any Refunding Bonds by manual signature, and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal of the Town to any of the Refunding Bonds and to attest such seal by manual signature. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents including, without limitation, EFC's CWSRF Project Loan and Financing Agreement, and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 10. The exact date of issuance of the Refunding Bonds and the exact date(s) upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer. Section 11. The Chief Fiscal Officer shall prepare the Refunding Bonds and sell them in accordance with the provisions of the Local Finance Law and at such sale shall determine the interest rate(s) to be borne by such Refunding Bonds. Section 12. The Chief Fiscal Officer shall deliver the Refunding Bonds to the purchaser. Any net proceeds for costs of issuance, etc., shall be in the form of a certified check or other immediately available funds only upon adequate proof that the Bonds have been recalled, redeemed and cancelled. Section 13. If applicable, 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 Refunding Bonds as "qualified tax-exempt obligations" under Section 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 Refunding Bonds 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 Refunding Bonds to be included in gross income for purposes of Federal income taxes. Section 14. The Town hereby determines that the issuance of the Refunding Bonds is a Type II Action that will not have a significant effect on the environment, and therefore, no other determination or procedures under the State Environmental Quality Review Act ("SEQRA") is required. Section 15. The Town of Queensbury is a town partially within the Adirondack Park. However, subject to any State Comptroller's approval under Local Finance Law Section 90.00, State lands within the Town's boundaries are assessed at less than ten percent (10%) of the total assessed valuation of the Town so permission of the State Comptroller to issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3). Section 16. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated Bond Counsel. Section 17. The validity of these Refunding Bonds may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this Resolution or a summary thereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 18. The full text of this Resolution or a summary thereof shall be published in the Post Star, which has been designated as the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 19. This Resolution shall take effect immediately. Section 20. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: ROLL CALL: AYES : Mr. Turner, Mr. Stec, , Mr. Brower NAYS: None ABSENT Mr. Brewer Mr. Martin ABSTAIN Discussion held Town Counsel Hanfer-Spoke to the Board indicating that in order to pass said resolution there would have to be four votes in the affirmative. Councilman Stec noted he would move the resolution again, agreed to by Councilman Turner.Councilman Brewer- Questioned why the resolution was not done before? Town Counsel Hafner-I was asked the Wednesday before your last Town Board Meeting and we did not have time to pull everything together for that meeting. Supervisor Brower-Noted if it was not time sensitive it would not have come up at this meeting. REFUNDING BOND RESOLUTION DATED NOVEMBER 26,2001 RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $1,024,666 AGGREGATE PRINCIPAL AMOUNT REFUNDING BONDS OF THE TOWN OF QUEENSBURY TO REFUND SERIAL BONDS ISSUED TO PAY A PORTION OF THE COST OF THE ACQUISITION, CONSTRUCTION, AND INSTALLATION OF A SANITARY SEWER SYSTEM IN THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO.: 438, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, on September 1, 1990, the Town of Queensbury (the "Town") issued its Quaker Road Sewer District Bonds, Series 1990, in the aggregate principal amount of $1,975,000 (the "Bonds") to finance an increase in the cost of the sanitary sewer system being constructed in the Central Queensbury Quaker Road Sewer District (the "Project"); and WHEREAS, the Bonds were sold to the New York State Environmental Facilities Corporation ("EFC") in connection with the Clean Water State Revolving Fund ("CWSRF"); and WHEREAS, after March 15, 2001, the outstanding principal amount of the Bonds may be redeemed in whole at any time and in part on any interest payment date, at a redemption price of 100% of the principal amount to be redeemed plus accrued and unpaid interest to the redemption date; and WHEREAS, EFC is engaged in a refinancing initiative whereby the Bonds may be refinanced to reduce the Town's net interest cost; and WHEREAS, the Town Comptroller has estimated the savings which would accrue to the Town in such refinancing to have a net present value of approximately $78,709; and WHEREAS, the Town can authorize such refunding pursuant to Section 90.00 of the Local Finance Law; and WHEREAS, the Town wishes to refund the Bonds by issuing certain Refunding Bonds and selling them to EFC; and WHEREAS, it would be in the public interest to refund the Bonds by issuance of Refunding Bonds; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is to refund the $991,000 outstanding principal amount of Town of Queensbury Quaker Road Sewer District Bonds, Series 1990, originally issued on September 1, 1990 in the aggregate principal amount of $1,975,000 (the "Bonds") to finance an increase in the cost of the sanitary sewer system being constructed in the Central Queensbury Quaker Road Sewer District (the "Project"), together with costs and expenses incidental to issuance of the refunding bonds; and such refunding is hereby authorized in the maximum amount of One Million Twenty-four Thousand Six Hundred Sixty-six and 00/100 Dollars ($1,024,666.00) (the "Refunding"). Section 2. The maturity dates, interest rates and principal amounts of the Bonds to be refunded are as follows: MATURITY DATE RATE 09/15/2002 09/15/2003 09/15/2004 09/15/2005 09/15/2006 09/15/2007 09/15/2008 09/15/2009 09/15/2010 TOTAL 7.15% 7.50% 7.50% 7.50% 7.50% 7.50% 7.50% 7.50% 7.50% INTEREST AMOUNT PRINCIPAL $102,000.00 $104,000.00 $106,000.00 $108,000.00 $110,000.00 $112,000.00 $114,000.00 $116,000.00 $119,000.00 $991,000.00 Section 3. The plan for the financing of such maximum estimated refunding cost is by the issuance of up to $1,024,666 in Refunding Bonds of the Town (the "Refunding Bonds"), hereby authorized to be issued pursuant to the Local Finance Law. The Refunding Bonds will bear interest at a rate lower than that borne by the Bonds to be refunded. The net present value of the total debt service savings anticipated is estimated to be $78,709. Section 4. Pursuant to Local Finance Law Section 90.00(g)(l), no down-payment from current funds is required. Section 5. The period of probable usefulness permitted by law for which the Bonds were issued at the time of the issuance of the Bonds was forty (40) years, pursuant to Subdivision 4 of paragraph (a) of Section 11 of the Local Finance Law. It is hereby determined that the Refunding Bonds shall mature not later than such maximum period of probable usefulness computed from the date of issuance of the Bonds or any date issued in anticipation of the Bonds. It is hereby further determined that the maximum maturity of the Refunding Bonds herein authorized will exceed five (5) years. Pursuant to Local Finance Law Section 90.00(g)(2), the authorization of the issuance of Refunding Bonds is not subject to mandatory or permissive referendum. Section 6. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years. There shall annually be levied on all the taxable real property of the District within the Town a levy and collection of taxes sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 7. For the purpose of refunding the Bonds, including related preliminary and incidental costs, there are hereby authorized to be issued Refunding Bonds of the Town up to a maximum amount of $1,024,666, the maximum maturity of which shall not exceed the remainder of the 40 year period of probable usefulness as set forth above, and which shall mature on or before the date of the expiration of the period of probable usefulness as measured from the date of the Bonds or any Notes issued in anticipation of the Bonds. Section 8. The Town Board hereby determines that no annual installment of each separate series of the Refunding Bonds shall be more than fifty percent (50%) in excess of the smallest prior as follows: installment. The proposed maturities of the Refunding Bonds are MATURITY DATE 09/15/2002 09/15/2003 09/15/2004 09/15/2005 09/15/2006 09/15/2007 09/15/2008 09/15/2009 09/15/2010 TOTAL PRINCIPAL AMOUNT $110,000.00 $120,000.00 $114,666.00 $115,000.00 $115,000.00 $115,000.00 $115,000.00 $110,000.00 $110,000.00 $1,024,666.00 Section 9. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to prescribe the terms, form and contents of the Refunding Bonds, the terms of the private sale to EFC, including the form, terms and conditions of the CWSRF Project Financing and Loan Agreement to be prepared by EFC, and the power to sell and deliver the Refunding Bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any Refunding Bonds by manual signature, and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal of the Town to any of the Refunding Bonds and to attest such seal by manual signature. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents including, without limitation, EFC's CWSRF Project Loan and Financing Agreement, and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 10. The exact date of issuance of the Refunding Bonds and the exact date(s) upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer. Section 11. The Chief Fiscal Officer shall prepare the Refunding Bonds and sell them in accordance with the provisions of the Local Finance Law and at such sale shall determine the interest rate(s) to be borne by such Refunding Bonds. Section 12. The Chief Fiscal Officer shall deliver the Refunding Bonds to the purchaser. Any net proceeds for costs of issuance, etc., shall be in the form of a certified check or other immediately available funds only upon adequate proof that the Bonds have been recalled, redeemed and cancelled. Section 13. If applicable, 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 Refunding Bonds as "qualified tax-exempt obligations" under Section 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 Refunding Bonds 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 Refunding Bonds to be included in gross income for purposes of Federal income taxes. Section 14. The Town hereby determines that the issuance of the Refunding Bonds is a Type II Action that will not have a significant effect on the environment, and therefore, no other determination or procedures under the State Environmental Quality Review Act ("SEQRA") is required. Section 15. The Town of Queensbury is a town partially within the Adirondack Park. However, subject to any State Comptroller's approval under Local Finance Law Section 90.00, State lands within the Town's boundaries are assessed at less than ten percent (10%) of the total assessed valuation of the Town so permission of the State Comptroller to issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3). Section 16. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated Bond Counsel. Section 17. The validity of these Refunding Bonds may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this Resolution or a summary thereof are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 18. The full text of this Resolution or a summary thereof shall be published in the Post Star, which has been designated as the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 19. This Resolution shall take effect immediately. Section 20. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: ROLL CALL: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NAYS : None ABSENT : Mr. Martin The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board. Discussion held-Councilman Brewer-for the simple sake of saving the tax payer eighty thousand dollars. 2.0 DISCUSSIONS 2.1 GLEN LAKE DREDGING PROJECT Mr. Scott Cartier reviewed the dredging project of Glen Lake. .requesting funds from the Town for the project. Mr. Ron ..-Reviewed for the Board the DEC permit with map.this will effect eighteen home owners and on a secondary basis all the residents on the lake. dredging will help the outflow and keep the water clearer. Spoke about project that fell through. now talking to a dredging broker. equipment from Tenn. with operator to train, we will dredge the project. 16,800 plus silt fence for 3,000 and set up a landing area for 1,000 total cost 22,000, we have commitment between five and ten thousand. Supervisor Brower-Questioned how much will be removed? Mr. Ron.-twenty four hundred cubic yards. Supervisor Brower-Questioned if it would come back? Mr. Cartier-noted they have been told it would take twenty five to thirty years to come back. Councilman Brewer-Questioned if the Town could legally fund a project like this? Supervisor Brower-We may be able to assist them with grant applications, I do not know the answer to Tim's question. Councilman Turner-Noted that Sunnyside received grant money for mil foil. thought that the Town gave money also. Discussion held-suggested to go to Marilyn Reba to see if there is grant funding for the project. It was noted that you cannot dredge until June.noted they should know about the ten thousand dollars from the residents within thirty days. 2.2 WTC RELIEF DONATION Councilman Stec-Our Resolution needs to be more specific. Comptroller Hess-Noted he needs to know where to send the donation. Discussion held-World Trade Center Relief Fund. Comptroller Hess noted that he will contact this fund and make sure they can accept money from municipal governments, and do they have some history that shows how the money is being used .if it appears to be viable we can have a resolution for next Monday night. Comptroller Hess-The town has incurred some expenses in relation to the event and one of them was election day and we sponsored an employee and we paid him while he was down there, that will be recovered. Supervisor Brower-Announced that we have received the Town of Queensbury Vehicle Fleet Management Report of Examination from the State Comptroller's Office.1!1!98-4/30/200 1. Councilman Stec-Requested that we invite the State Comptrollers office to come to a meeting and present the report. Supervisor Brower-Noted a needs assessment and fleet management policy is being worked on by Water/Wastewater Supt. Ralph VanDusen and Highway Supt. Rick Missita. Mr. John Salvador-Questioned what the status is on the North Queensbury Supplemental EIS? Supervisor Brower-It is a County project, I will have it for you at the next board meeting. Mr. John Salvador-Spoke about Crandall Library Expansion-use of Kamyr Building. Questioned the status of the Route 9 Corridor. Supervisor Brower-It is moving along. we have done the preliminary study and identified cost. Mr. John Salvador-Re: Fuller Road I have a law suit pending against the Town it seems the Fuller Road group and the D A they have all forgotten this so I do not know if another set of plaintiffs wants to bring another action maybe we will join them I do not know. Supervisor Brower-Invited Mr. Roger Boor, Ward I Councilman Elect to the Executive Session. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUITON NO. 439,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss Non-Union 2002 Salaries and Comptrollers position and Group Health Insurance. Duly adopted this 26th day of November, 2001 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Martin On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury REGULAR TOWN BOARD MEETING DECEMBER 3RD, 2001 7:09 P.M. Mtg #52 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER BOARD MEMBER ABSENT COUNCILMAN JAMES MARTIN TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS Ralph VanDusen, Superintendent of Water and Wastewater Dave Hatin, Director of Building and Codes Chris Round, Executive Director of Community Development Henry Hess, Comptroller Bill Lavery, Supervisor's Executive Assistant Vance Plante, President of CSEA Mike Lopez, Vice-President of CSEA PRESS: Glens Falls Post Star Supervisor Brower called meeting to order.. PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DENNIS BROWER RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 440, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session to enter as the Queensbury Board of Health. Duly adopted this 3rd day of December, 2001, by the following vote: AYES: Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: Mr. Martin BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - RAYMOND & BEVERLY LOCKHART NOTICE SHOWN 7:10 P.M. SUPERVISOR BROWER-Okay, public hearing on Sewage Disposal Variance Application for Raymond and Beverly Lockhart. Is anyone present to represent the applicants? Would you come forward to the mic, please and introduce yourself, your name and address please for the record. MR. IVAN BELL-My name is Ivan Bell, I own IBS septic and drain, I'm on number 2 Lower Warren Street in Queensbury. SUPERVISOR BROWER-Good evening. MR. BELL-Hi. SUPERVISOR BROWER-Do you want to give us a little background on this particular application please? MR. BELL-Yes, sir. The Lockharts have owned this house for quite a number of years and the septic system started failing probably within the last couple of years. We've been kind of keeping it going but it's about had it and the only plausible solution was to go to holding tanks because we can't make any of the separations. That was the, really, the only common sense. I talked it over with Dave Hatin and he came right up and we went through the whole thing and come up with the best possible alternative. SUPERVISOR BROWER-And, how many tanks do you want to put in again? COUNCILMAN TURNER-Two. MR. BELL-Two tanks. COUNCILMAN BREWER-How big are they, Ivan? MR. BELL-A thousand gallon tanks. SUPERVISOR BROWER-Did you say two thousand gallon tanks? MR. BELL-Yup. SUPERVISOR BROWER-And that's big enough for this structure to meet code? MR. BELL-Yes, it's one bedroom. SUPERVISOR BROWER-How often would you estimate they'd pump that, those tanks? MR. BELL-We've got, I've got a lot of them up to Lake George on two thousand gallon setups and with an older couple like that, God, I'd say probably maybe once every couple of months. They go a long time with them. We've got safety setups so that if the pump fails, it will shut the water off and if the septic tank gets completely full, both tanks, it will shut the water off. So, there's no way it can overflow. These are one piece, thousand gallon tanks so they can't leak. COUNCILMAN BREWER-What's there now? MR. BELL-Right now, they've got an old three hundred gallon tank right down by the lake, you know close to the neighboring wells and a small dry well. It's been there since the day the place was constructed. SUPERVISOR BROWER-Thank you. At this time, I'd like to open the public hearing on the sewer disposal variance request. Would anyone care to address the board on this issue? No one wishes to address the board on the issue? In that case, I'll close the public hearing portion of this application. PUBLIC HEARING CLOSED 7:13 P.M. SUPERVISOR BROWER-Dave, would you come forward for a sec. You've obviously reviewed this and this seems like the logical alternative for this site? MR. DAVE HATIN, DIRECTOR OF BUILDING & CODES-Yes, given the terrain of the site. Where the holding tanks will be placed, it's actually a parking area right now and this is the only spot on the site where they could actually put any type of a system at all. The rest of it slopes down to the lake and is within thirty feet of the lake so they really don't have any other alternatives as Ivan said. SUPERVISOR BROWER-Any further questions of Dave by the board? COUNCILMAN TURNER-No, I've been to the site and I've, I know the site very well and Dave is correct in every aspect. There's nothing they can do. SUPERVISOR BROWER-It should actually be an improvement as far as Glen Lake is concerned. COUNCILMAN TURNER-Yea, it will. MR. HATIN, DIRECTOR OF BUILDING & CODES-Yea, it will push it farther away from the lake and it will contain everything which right now, we don't know what happens to it. COUNCILMAN BREWER-Do they get their drinking water from the lake or from the well? MR. HATIN, DIRECTOR OF BUILDING & CODES-I believe they're lake water. MR. BELL-No, they're on a well. MR. HATIN, DIRECTOR OF BUILDING & CODES-They are on a well, okay, I couldn't remember. MR. BELL-They're on a well but the safety concerns with any well, if the pump fails or the septic tank fills up, it will automatically shut his water off. There's no way for this to overflow and they're sealed tanks. SUPERVISOR BROWER-Do you have any further comment, Dave? MR. HATIN, DIRECTOR OF BUILDING & CODES-No, I'll just say that the twenty-six feet from the well is the best we could get in order to maintain fifty feet from the neighboring well. The, we needed an eight foot setback, if we go any closer to the property line on that side, it will make it within fifty feet of the neighbor's well. So, it's really difficult to push it any farther to the east and the twenty-six foot is about what's left when you calculate the size of the tanks into that. COUNCILMAN BREWER-What if you went back towards the back of the property? MR. HATIN, DIRECTOR OF BUILDING & CODES-That is the back of the property where these are shown right now. COUNCILMAN BREWER-It shows, what's the thirteen feet? MR. HA TIN, DIRECTOR OF BUILDING & CODES-That would be from the property line but it will still only be about twenty-six feet from the well. It would just move it back to the southern direction but it will still maintain about the same setback. COUNCILMAN STEC-Dave, the system has an alarm system and water shutoff. MR. HATIN, DIRECTOR OF BUILDING & CODES-Yea, this will be, this will meet all the town code standards, right, for alarm shutoffs, everything, yea, it will be required. COUNCILMAN TURNER-That well looks fairly new, too, isn't Dave? MR. HATIN, DIRECTOR OF BUILDING & CODES-I don't know the age of the well. From the sounds of it, it's been there for a while. SUPERVISOR BROWER-All set? Okay, thank you, Dave. DEPUTY TOWN CLERK BARBER-Excuse me, Dennis. SUPERVISOR BROWER-Yes, some correspondence. DEPUTY TOWN CLERK BARBER read the following into the record: Darleen, Thank you for this notice. Dan and I have no objection to this request. Actually, an improvement. The Beadlestons 119 Birdsall Road RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF RAYMOND AND BEVERLY LOCKHART BOARD OF HEALTH RESOLUTION NO.: 58,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Raymond and Beverly Lockhart previously filed an application for three (3) variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance as follows: 1. Section 136-11(B) of the Town Code requires applicants to obtain a variance for all holding tanks and the applicants have requested a variance to allow a holding tank; 2. The applicants have requested a variance to locate the proposed holding tank 26' from the well rather than the required 50' setback; and 3. The applicants have requested a variance to locate the proposed holding tank 8' from the property line rather than the required la' setback; concerning their property located at 95 Birdsall Road, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on December 3rd, 2001, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Raymond and Beverly Lockhart for three (3) variances from the Sewage Disposal Ordinance to allow 1. Mr. and Mrs. Lockhart to have a holding tank; 2. Mr. and Mrs. Lockhart to locate the holding tank 26' from the well rather than the required 50' setback; 3. Mr. and Mrs. Lockhart to locate the holding tank 8' from the property line rather than the required 10' setback; on property situated at 95 Birdsall Road in the Town of Queensbury and bearing Tax Map No.: 289.17-1-34. Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin BOARD OF HEALTH CORRESPONDENCE Queensbury Board of Health Re: Schermerhorn - Walker Lane Townhouse Septic System Gentlemen: In accordance with Sanitary Sewage Disposal Variance Resolution No.9, 98 granted by the Town of Queensbury Board of Health regarding the referent septic system, I have made my annual inspection of the operating sewage disposal system. This inspection was made on November 30,2001. The inspection consisted of a visual inspection of the ground over and around the subsurface absorption systems and an inspection of all the pump stations. Based upon my inspection, I believe that this sewage disposal system is operating properly. Sincerely, Thomas W. Nace, P.E. RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 59, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health hereby adjourns from session to enter Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 3rd day of December, 2001, by the following vote: AYES: Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: Mr. Martin REGULAR SESSION CORRESPONDENCE DEPUTY TOWN CLERK BARBER noted that the Solid Waste Facility Operator's Monthly Report for November, 2001 has been received and filed in the Town Clerk's Office. October, 2001 Dear Friend: I extend my most heartfelt thanks for your recent message concerning the attack on the World Trade Center. New Yorkers displayed their characteristic courage, strength, and determination during these very difficult times. I know that we have all been inspired by the bravery of our firefighters, police officers, and emergency workers that terrible day. They met the worst of humanity with the best of humanity. In the aftermath of this unimaginable tragedy, New Yorkers and Americans have united as never before. We are - now more than ever - the land of the free and the home of the brave. Thank you for your support and God bless America. Sincerely, Rudolph W. Giuliani Mayor (letter on file in the clerk's office) DISCUSSION - Former Howard Johnson's property MR. HA TIN, DIRECTOR OF BUILDING & CODES-Everyone should have a copy of my letter, it was attached to the resolution. SUPERVISOR BROWER-I spoke to Bob Orlando this afternoon and he was unable to make tonight's meeting but he did receive your letter. MR. HATIN, DIRECTOR OF BUILDING & CODES-Okay, good. Basically, what this letter states is that the Howard Johnson Motor Lodge has become a party spot for the local kids and vagrants in the area. As a result of that partying and playing around in the buildings, somebody decided to start a fire Friday morning that did substantial damage to the old Blacksmith Shop, the dining area, if you're familiar with the Blacksmith Shop at all. The structure did sustain some structural damage as well as physical damage and being there as a firefighter, also as an investigator for the Warren County Cause and Origin Team, we had to go through the building and look at other things and it became very evident after going through the buildings, the building has been vandalized quite frequently. This is the second fire in I believe, a year or a year and a half that has occurred there. There is no power to the building, there is no other heat source in the building so it's very obvious that all the fires have been set and the building has been vandalized. It's also very apparent that whoever is using the building is using it as a party spot so they've had other fires in there that apparently have not gotten away. My concern is that, even with the mall security patrolling that area, these vagrants and minors have still managed to get in the building and cause damage and one of these days, my biggest fear as a firefighter in this town as well as Building and Codes Director, it could injure or kill a firefighter. It will get carried away and these eventually do get carried away to a point where it could seriously injure somebody and hopefully not one of the firefighters that enters that structure. If you read the definition of the unsafe structures in Chapter 60 of the code, this building meets that verbatim. It has become everything that's stated in that unsafe structures, it's been damaged by fire, it's been an attractive nuisance for minors and vagrants and is now showing signs of wear and tear from not being maintained. My thought is and I hope the board will feel the same way that we should take an unsafe structure action against Pyramid Corporation to basically put them on notice they have thirty to sixty days to demolish this building. That includes the old Howard Johnson's Motor Lodge, it's entirety plus the Blacksmith Shop. The building serves no useful purpose to anybody and has been, two or three days prior to this fire, youths were arrested for breaking windows that were secured again yet the people who started the fire on Friday managed to pry open a plywood sheet and get into the building and start the fire. So, with that in mind, I would ask you to set a hearing to let Pyramid Corporation have their day before you and I will ask again that night, that they be ordered to demolish the buildings. Town Board held discussion and the following resolution was proposed and adopted: RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE OWNED BY PYRAMID COMPANY OF GLENS FALLS RESOLUTION NO.: 441, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, David Hatin, Town of Queensbury Director of Building and Codes Enforcement, has inspected the old Howard Johnson's Motel and Blacksmith Shop Restaurant building owned by the Pyramid Company of Glens Falls located at 524 Aviation Road in the Town of Queensbury (Tax Map No.: 302.05-1-96.1) and has found that it has been vandalized, has sustained structural damage as a result of fire, is unsafe and therefore should be demolished and removed as more specifically set forth in Mr. Hatin's letter presented at this meeting, and WHEREAS, Mr. Hatin has advised the Queensbury Town Board that in his opinion the building is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owner fails to demolish and remove the structure, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law 130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the structure must be renovated or demolished and removed, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board is of the opinion that the old Howard Johnson's Motel and Blacksmith Shop Restaurant building owned by the Pyramid Company of Glens Falls located at 524 Aviation Road in the Town of Queensbury (Tax Map No.: 302.05- 1-96.1) appears to be dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board shall hold a hearing concerning this property on December 17th, 2001 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law 130(16). Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Turner NOES None ABSENT: Mr. Martin OPEN FORUM 7:25 P.M. MRS. PHYLLIS HESS, 30 Meadow Drive-My name is Phyllis Hess, I live at 30 Meadow Drive, Queensbury. For the past thirty-seven years I've been the wife of Henry Hess. You're all married so you can understand that what torments my husband also has a similar affect on me. Our current trouble started nearly two years ago when his job changed from practicing his profession to deflecting hostility. During the past six months or so, our grief and aggravation have intensified. The board, or at least some of it's present members, have been treating my husband as an impersonal object rather then the good human being that he is. My husband has worked in the business world his whole adult life about the same length of time that I have been married to him. His career and our lives have had some interesting turns but always at our own initiative. When he left his successful career in banking to enter the field of construction finance during the early years of the Atlantic City Casino era, that was his choice, to take on a new challenge. When Henry and I and our three teenaged children decided to move from our birth place in the early nineteen eighties and make our home in the Adirondacks and operate our own business, that was our choice. When we sold our business and he left his job as Business Administrator for the local school district and we moved south, that too was his choice. When we decided to return home to northern New York and Henry went to work as Controller and Director of Administrative Services for the ARC, that move, like all the others was also voluntary. When we decided to operate our own lifestyle business, the decision was made without duress from any employer. However, when we lost that business and our home a few years ago and our material possessions from over thirty years of marriage and the raising of our three children, the move that followed was not voluntary and until recently I thought that personal tragedy was the most difficult thing that we could ever possibly face, short of losing our children but now I have learned that our trial by fire wasn't the most serious test of character. That crisis took away all of our personal possessions but what is happening here is even worse. It is eating away at my husband's pride, testing his dignity and threatening the opportunity to complete his career in the proud manner in which he has carried it out and to which he is entitled as a result of his many years of successful and honorable service to his profession. There is shame to be suffered for what is happening to him now but is not Henrys, mine or his children. Nor is it born by his peers and co- workers. Councilman Brewer and Stec made it clear in public statements this past weekend that their motivation, obscure until now, is actually a political campaign against the Town Supervisor not the Town Comptroller. But the councilmen don't have the authority, the power to hire, appoint or elect the Supervisor so they direct their attacks to his loyal ally and they attacked him in the most ungentlemanly way. In a way that threatens his career, his livelihood and ultimately his retirement and mine. If you don't think you owe the Town Comptroller decent treatment, then you certainly don't believe you owe anything to me. But you do, whether you think so or not. Good government is built on ethics and justice. Honorable elected officials, indeed, all good people, don't put their ego and self gratifying agendas ahead of fairness. Good people don't treat other good people this way. Thank you. MR. DOUG IRISH, 8 Buena Vista spoke to the board on behalf of the Smart Growth Committee, requesting the board to consider extending the term of service for that committee which is to expire the end of December. It doesn't appear that we will complete our work by then and would like the board to consider for the organizational meeting extending the term for no less than six months. MR. JOHN STROUGH, Queensbury referred to Resolution, 4.14 'Resolution Setting Hearing Concerning Unsafe Structure Owned by Pyramid Company of Glens Falls Located at 524 Aviation Road in the Town of Queensbury' and noted that he thought the approval was conditioned on the fact that they come up with some kind of a plan for those four buildings and questioned whether anyone knew the status of that plan? MR. ROUND, EXECUTIVE DIRECTOR-My recollection, one of the findings of the SEQRA EIS process with Aviation Mall included that they would come up with a landscaping or beautification plan in lieu of finding a tenant for the building or buildings. They had correspondence to the town that they did indeed have a tenant for Seven Steers, whether that meant the intent of what everybody had talked but I think it did meet the, met the conditions of the approval. Maybe what was intended was something broader then that but it wasn't articulated in the findings but we can examine that and make sure that that's the case. MR. PLINEY TUCKER, 41 Division Road referred to Resolution 4.1, 'Resolution Authorizing Additional Appropriation of Funds to South Queensbury Volunteer Fire Company' and questioned for what and how much? COUNCILMAN TURNER-Sixteen thousand dollars for utility costs. SUPERVISOR BROWER-They budgeted one thousand thirty dollars and their actual bill was seventeen thousand. COMPTROLLER HESS-There generally was a mistake on their budget and it's a shame it got caught up with so late in the year. They did make an appeal earlier in the year and there was some missed opportunities to come to meetings and explain what they wanted. I think they'll be looking at a new budget process next year in June or July and I think that that would be a golden opportunity to look and really scrutinize their budget very carefully and decide what it needs to be but in the mean time, I'm convinced they, they have mortgage payments to make this year, they have utility costs to pay for the rest of the year and that this is probably the right thing to do. MR. TUCKER -I have just one comment and it's to do with what's going on with Henry and the board, and my personal feeling is that you can't dilute Henry's authority because if you do, you might better fire him because when that position was established, I mean, Henry wasn't even there and it was established to take the politics out of running government and there was a lot of problems and I assume that you guys know about the problems that brought a lot of this stuff around. Hearing a lot of things out there that, about Henry that I know isn't true and this is wrong. I don't know what direction people are going, but I think they can get there a lot better way then walking over somebody and running somebody down because they disagree with some of the things that happen and the best way, I find, to solve these problems, if you've got a problem, go talk to the people that you've got a problem with and work it out. Thank you. MR. ROGER BOOR, 83 Sunnyside East commended the board on the action they took with regards to Pyramid tonight.. When their attorney comes up here, you've got to hold firm, you've got to be strong, they've had plenty of opportunities, do what needs to be done and the community will thank you for it. OPEN FORUM CLOSED RESOLUTIONS 7:40 P.M. RESOLUTION AUTHORIZING ADDITIONAL APPROPRIATION OF FUNDS TO SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY RESOLUTION NO.: 442,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury and the South Queensbury Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement dated April 13th, 2000 for fire protection services and such Agreement is in full force and effect, and WHEREAS, the Agreement sets forth a number of terms and conditions, including a section entitled "Unforeseen Events" which states that in the case of an unforeseen, justifiable event which substantially impairs or reduces the Fire Company's capabilities to carry out its fire protection duties, the Town will consider the Fire Company's reasonable request for additional financial aid or assistance, and WHEREAS, the Fire Company has advised the Town that it erred in budgeting its 2001 utility costs in that it budgeted $1,030 but in actuality the utility costs will total approximately $17,000, resulting in a significant cash shortfall, and WHEREAS, the Town Board has considered the Fire Company's circumstances and in accordance with Section 6 of the Town's Agreement with the Fire Company, the Town Board feels it is justified in authorizing an additional $16,000 appropriation to the Fire Company, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the nonrefundable withdrawal of $16,000 from the Fire Company's Restricted Vehicle Fund to the South Queensbury Volunteer Fire Company, Inc., thus meeting the Fire Company's cash needs for the remainder of the Year 2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office and/or Town Supervisor to make any necessary budget transfers and amendments and take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Turner, Mr. Stec NOES None ABSENT: Mr. Martin DISCUSSION BEFORE VOTE: Councilman Brewer-I don't understand how this came about. I understand a thousand dollars was on the line but haven't you paid bills all year long? Mr. David Jones, 41 Boulevard Queensbury, Chief of South Queensbury Volunteer Fire Company-Oh yea, but now we're short of money. Councilman Brewer-For, you've just taking it from different places to put. Mr. Jones-Well, it's all in one fund, most of it's one fund, you've got your restricted funds that you can't touch but out of the general fund, you pay your bills and we're short of money now. Councilman Brewer-And that's, the mortgage payment is what you're short because you paid the utility bills through the year. Mr. Jones-Right. Councilman Brewer-I know, we talked last year about the cars, are any of those, you still have them? No attempt to get rid of them? Mr. Jones-We can't get rid of them, we have to pay for them anyway until the lease is up. Councilman Brewer-When are the leases up? Mr. Jones-Next February. Councilman Brewer-This coming February or a year from February? Mr. Jones-A year from this coming February. Supervisor Brower-Henry, do you happen to know off hand what the amount of their restricted vehicle fund is currently? Comptroller Hess-I don't, I didn't bring that information. When we reconciled their 2000 financial statement which is the last financial statement we received from them it reconciled. Now, there is a deficiency there that's on a program payback and I think a payment is due this year, I don't know that it's been made and if they said it had not because of the cash shortage, I, that would be understandable. But their fund is actually, it's a minimal amount, I would guess probably twenty thousand, I'm going to guess twenty thousand dollars plus whatever we gave you in August. Mr. Jones-The truck fund, I believe that's forty-five. Supervisor Brower-So, you've got about forty-five, fifty thousand dollars. Councilman Brewer-So, what you're getting at Dennis, we could take it out of their restricted fund? Supervisor Brower-Well, that's an option. Councilman Brewer-I think I like that option rather then just dipping it at the end of the year to, a lot of monies that we don't have. Supervisor Brower-Mr. Jones, have you done fundraising this year? Mr. Jones-Chicken barbecue. Supervisor Brower-So, you did do some fundraising but it wasn't successful enough to, obviously. Mr. Jones-Not that successful, no. Councilman Brewer-I'd like to look into that option. Comptroller Hess-It is an option you have. Supervisor Brower-The board does have that option, right? Comptroller Hess-Yes, you have the option to do that, right. Town Board held further discussion regarding the truck fund and agreed to take the sixteen thousand from the restricted vehicle fund and Town Counsel Schachner along with Comptroller Hess modified resolution to reflect the change. vote taken. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2001 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS" TO INCREASE ANNUAL CHARGES FOR QUEENSBURY TECHNICAL PARK SEWER DISTRICT RESOLUTION NO.: 443, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: _ of 2001 to amend Queensbury Town Code Chapter 136, Article XXIV entitled "Establishment of Sewer Rents," which Local Law would modify the annual sewer rent rate in the Queensbury Technical Park Sewer District, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law 10 and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on December 17th, 2001 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: _ of 200 1, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. of 2001 in the manner provided by law. Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: Mr. Martin RESOLUTION APPROVING W AL T SONNTAG AS ELECTRICAL INSPECTOR FOR NEW YORK BOARD OF FIRE UNDERWRITERS RESOLUTION NO.: 444, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Queensbury Town Code Chapter 80 delineates criteria for businesses and/or individuals to perform electrical inspections within the Town and by previous Resolution the Town Board determined that the New York Board of Fire Underwriters met these criteria, and WHEREAS, the New York Board of Fire Underwriters has hired Walt Sonntag as an electrical inspector and has requested that the Town Board authorize Mr. Sonntag as an approved inspector, and WHEREAS, the Town's Director of Building and Code Enforcement has reviewed Mr. Sonntag's credentials and has recommended that the Town Board authorize him to perform electrical inspections within the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Walt Sonntag of the New York Board of Fire Underwriters to make electrical inspections within the Town of Queensbury subject to compliance with the standards set forth in Queensbury Town Code Chapter 80. Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin RESOLUTION TO AMEND 2001 BUDGET RESOLUTION NO.: 445, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2001 Town Budget as follows: ASSESSMENT: FROM: TO: $ AMOUNT: 01-1355-1002 01-1355-10701,190. (Misc. Payroll) (Clerk, Part-Time) 01-1355-1070-0002 Time) 01-1355-1070200. (Clerk-PT,Proj-OT) (Clerk, Part- 01-1355-4010 01-1355-10701,000. (Office Supplies) (Clerk, Part-Time) 01-1355-4220 01-1355-1070785. (Training & Education) (Clerk, Part-Time) BUILDING AND GROUNDS: FROM: TO: $ AMOUNT: 01-3310-1002 Misc. Payroll) 01-1620-1400-00021,000. (Traffic Signals (Laborer A OT) 01-3310-1002 Misc. Payroll) 01-1620-1470-0022500. (Traffic Signals (Foreman OT) 01-1620-4660-0022 Equipment) 01-1620-20011,800. (Electrical Repairs) (Misc. 01-1620-4070-0023 Equipment) 01-1620-20011,200. (Bldg. Repair Service) (Misc. 01-1620-4800-0024 Repairs) 01-1620-4110-0022500. (Equip. Repair Services) (Vehicle 01-1620-4660-0024 Equipment) 01-1620-20011,200. (Electrical Repairs) (Misc. 01-1620-4810 01-1680-2032500. (Equipment Rental) (Software) 01-1620-4300-0022 Highway) 01-5132-43002,000. (Electricity TO.B.) (Electricity CEMETERY: FROM: TO: $ AMOUNT: 02-8810-4400 02-8810-2001 150. (Contractual) (General Equipment) 02-8810-2899 & Maint.) 02-8810-4110-1111 500. (Misc. Capitol Constr.) (Equip. Repair WATER: FROM: TO: $ AMOUNT: 40-8340-2899 40-8340-44003,000. (Cap. Constr.) (Misc. Contr.) 40-8320-2899 40-8320-4820676. (Cap. Constr.) (Uniforms) 40-8320-2899 40-8320-1971-0002500. (Cap. Constr.) (WTPO OT) Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Turner NOES None ABSENT: Mr. Martin RESOLUTION AFFIRMING CONSISTENCY OF KLAK!MONAHAN TWO-LOT SUBDIVISION WITH HILAND PARK PLANNED UNIT DEVELOPMENT RESOLUTION NO. : 446, 2001 INTRODUCED BY : Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, 179-57 A of the Town of Queensbury Zoning Ordinance requires Town Board notification of sale of any part of a Planned Unit Development, and WHEREAS, Klak Queensbury, LLC and Timothy and Suzanne Monahan (KlaklMonahan) are seeking retroactive authorization from the Town of Queensbury for a two-lot subdivision within the Hiland Park Planned Unit Development (PUD) such lots bearing tax map no.'s: 290.13-1-1.2 and 290.13- 1-1.1 and located at the corner of Haviland and Meadowbrook Roads in the Town of Queensbury and seek to inform the Town of the intent to sell the parcel, and WHEREAS, Klak Queensbury, LLC has entered into a contract to sell parcel no. 290.13-1-1.1 to Michael Tatko, and WHEREAS, the two-lot subdivision is subject to review by the Town Planning Board, and WHEREAS, KlaklMonahan have requested that the Queensbury Town Board affirm that this two- lot subdivision is consistent with the Hiland Park Planned Unit Development as approved by the previous Town Board on January 14, 1987 by Resolution No. 212.87, and WHEREAS, the Executive Director of Community Development has reviewed the proposed two-lot subdivision and sale of the subject parcels for future development to be sure that the proposal is in compliance with the PUD Ordinance and Hiland Park PUD and has recommended that the Town Board adopt a Resolution affirming that the proposed subdivision is consistent with the Hiland Park PUD, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby affirms that the two-lot subdivision proposed by Klak Queensbury, LLC and Timothy and Suzanne Monahan involving parcel no. 's: 290.13-1-1.2 and 290.13-1-1.2 at the corner of Haviland and Meadowbrook Roads in the Town of Queensbury and the sale of the lots therein is consistent with the Hiland Park PUD as approved by Town Board Resolution 212.87, and BE IT FURTHER, RESOLVED, that such two-lot subdivision shall be subject to the Town's Planning Board review process, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Executive Director of Community Development to present a copy of this Resolution to Klak Queensbury, LLC, Timothy and Suzanne Monahan and the Town Planning Board and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Turner, Mr. Stec NOES None ABSENT: Mr. Martin DISCUSSION BEFORE VOTE: Mr. Round, Executive Director of Community Development, gave background regarding Resolution 4.5 & 4.6 and Counsel Mark Nordsy spoke on behalf of the applicant explaining the purpose of the two resolutions, noting that the town is being asked to consider whether these proposals are consistent with the original overall plan that was approved back in 1987. Town Counsel Schachner-This board wouldn't actually be approving the subdivision, this board would only be affirming the consistency of the proposed sale which is an use with the planned unit development. The planning board would still have to approve the subdivision. It would be an after the fact approval but the applicant understands, the applicant is prepared to seek that and that's why the second to last resolved of the proposed resolution expressly states that such two lot subdivision shall be submitted to the Town Planning Board review process. RESOLUTION AFFIRMING CONSISTENCY OF GLENS FALLS HOME, INC., PURCHASE WITHIN HILAND PARK PLANNED UNIT DEVELOPMENT RESOLUTION NO. : 447, 2001 INTRODUCED BY : Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, 179-57 A of the Town of Queensbury Zoning Ordinance requires Town Board notification of sale of any part of a Planned Unit Development, and WHEREAS, The Glens Falls Home, Inc., is seeking authorization from the Town of Queensbury to purchase a twenty acre parcel as a distinct parcel within the Hiland Park Planned Unit Development (PUD) on Meadowbrook Road in the Town of Queensbury, and WHEREAS, no project is currently planned for the parcel and any project would be subject to site plan review by the Town Planning Board, and WHEREAS, The Glens Falls Home has requested that the Queensbury Town Board affirm that this proposed purchase is consistent with the Hiland Park Planned Unit Development as approved by the previous Town Board on January 14, 1987 by Resolution No. 212.87, and WHEREAS, the Executive Director of Community Development has reviewed the proposed purchase to be sure that it is in compliance with the PUD Ordinance and Hiland Park PUD and has recommended that the Town Board adopt a Resolution affirming that the proposed purchase is consistent with the Hiland Park PUD, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby affirms that the proposal by The Glens Falls Home, Inc., to purchase a twenty acre parcel on the west side of Meadowbrook Road bounded on the north by Haviland Road and bearing Tax Map No.: 289.20-1-7 in the Town of Queensbury is consistent with the Hiland Park PUD as approved by Town Board Resolution 212.87, and BE IT FURTHER, RESOLVED, that future conveyance of this parcel will require notice to the Town Board and will be subject to site plan review by the Planning Board, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Executive Director of Community Development to present a copy of this Resolution to The Glens Falls Home and Town Planning Board and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: Mr. Martin RESOLUTION ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT GRANT FUNDS RECEIVED BY TOWN OF QUEENSBURY RESOLUTION NO.: 448,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 55,2001 the Queensbury Town Board authorized the submission of an application for a Local Government Records Management Improvement Fund Grant from the New York State Education Department State Archives and Records Administration (SARA) to provide funding to the Town for the electronic imaging of the Town's photo collection, and WHEREAS, the grant application was submitted and by Town Board Resolution No.: 303,2001, the Town Board accepted a $4,641 Grant from the Local Government Records Management Improvement Fund, and WHEREAS, the grant funds are to be received and expended during the 2001 and 2002 fiscal years, WHEREAS, the Town Board wishes to establish appropriations and estimated revenues for the Grant award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby establishes appropriations and estimated revenues in the amount of $2320 for the year 2001 in Local Government Records Management Improvement Fund Grant funds from the New York State Education Department State Archives and Records Administration (SARA), such appropriations and estimated revenues to be recorded in accounts to be determined by the Town Comptroller's Office, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby establishes appropriations and estimated revenues in the amount of $2321 for the year 2002 in Local Government Records Management Improvement Fund Grant funds from the New York State Education Department State Archives and Records Administration (SARA), such appropriations and estimated revenues to be recorded in accounts to be determined by the Town Comptroller's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND REBECCA PEL CHAR FOR PROVISION OF CONSULTANT SERVICES CONCERNING TOWN PHOTO DIGIT ALIZA TION PROJECT RESOLUTION NO.: 449,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 303,2001, the Queensbury Town Board accepted a $4,641 Local Government Records Management Improvement Fund Grant from the New York State Education Department Archives Unit for electronic imaging of the Town's photo collection, and WHEREAS, the Town Historian has recommended that the Town Board authorize engagement of Rebecca Pelchar to provide consulting services relating to the photo digitalization project for an amount not to exceed $480 in accordance with the terms of the Local Government Records Management Improvement Fund Grant, and WHEREAS, a copy of a proposed Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement with Rebecca Pelchar substantially in the form presented at this meeting for the provision of consulting services relating to the Town's electronic imaging of the Town's photo collection to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Agreement and further authorizes and directs the Town Supervisor and/or Town Historian to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Turner NOES None ABSENT: Mr. Martin RESOLUTION AUTHORIZING HIRING OF JEFFREY OGDEN AS TEMPORARY PART- TIME CLERICAL EMPLOYEE IN TOWN HISTORIAN'S OFFICE RESOLUTION NO.: 450, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Historian has requested Town Board authorization to hire Jeffrey Ogden as a temporary, part- time, clerical employee in her office to work approximately 440 hours between now and June 30, 2002, the expiration date for a Local Government Records Management Improvement Fund Grant the Town received from the New York State Education Department State Archives and Records Administration (SARA), and WHEREAS, Mr. Ogden will be paid from such Grant funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Jeffrey Ogden as a part-time, temporary, clerical employee in the Town Historian's Office at the rate of $8 per hour to work approximately 440 hours between now and June 30th, 2002, and BE IT FURTHER, RESOLVED, that the salary for Mr. Ogden shall be paid for from the Local Government Records Management Improvement Grant funds the Town received from the New York State Education Department State Archives and Records Administration (SARA), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Historian, Town Comptroller 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 3rd day of December, 2001 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Turner, Mr. Stec NOES None ABSENT: Mr. Martin RESOLUTION AMENDING RESOLUTION NO.: 420,2001 REGARDING APPOINTMENT OF MEMBERS TO OPEN SPACE PLAN COMMITTEE RESOLUTION NO.: 451, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 420,2001 the Queensbury Town Board created the Town's Open Space Plan Committee to assist in the Town's development of an Open Space Plan and appointed members to the Committee, and WHEREAS, as part of such Resolution the Town Board appointed Leon Steves as a member of the Committee but should have appointed Mr. Steves as an "ex officio" member instead, and WHEREAS, the Town Board wishes to amend Resolution No.: 420,2001 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 420,2001 such that Leon Steves shall be an ex officio member of the Town's Open Space Plan Committee, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 420,2001 in all other respects. Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: Mr. Martin RESOLUTION AWARDING BID FOR SENIOR CITIZENS TRANSPORTATION TO WARREN-HAMILTON COUNTIES ACEO, INC.- COMMUNITY ACTION AGENCY RESOLUTION NO. : 452, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Purchasing Agent duly advertised for bids for transportation for senior citizens in the Town of Queensbury for the year 2002, and WHEREAS, the Warren-Hamilton Counties ACEO, Inc. - Community Action Agency has offered to provide the transportation services for the year 2002 for the amount of $11,088, and WHEREAS, the Purchasing Agent has recommended that the Town Board award the bid to the Warren-Hamilton Counties Community Action Agency, the only and therefore lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the contract for transportation of senior citizens for the Town of Queensbury for the year 2002 to the Warren-Hamilton Counties ACEO, Inc. - Community Action Agency for the amount of $11,088 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Purchasing Agent to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin ORDER RESTRICTING VEHICLES ON WARREN STREET RESOLUTION NO.: 453,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Warren Street is a short, narrow Town highway which has been damaged, particularly the portion of the roadway on either side of the bridge, and WHEREAS, traffic by heavy trucks appears to be damaging the roadway, and WHEREAS, the Town Highway Superintendent has reported such facts to the Town Board, and WHEREAS, the Town Board, with the recommendation of the Town Highway Superintendent, has determined that for safety reasons and the protection of Warren Street, trucks having a total gross weight in excess of 10,000 pounds should not use Warren Street, and WHEREAS, such prohibition of trucks over 10,000 pounds shall not interfere with or prohibit suitable connection with all State routes entering or leaving the Town, and WHEREAS, in accordance with New York State Vehicle and Traffic Law 1660, the Town Board has authority to prohibit use of Warren Street by such trucks, NOW, THEREFORE, BE IT ORDERED, that the Town of Queensbury system of truck routes upon which trucks, tractors and tractor-trailer combinations having a total gross weight in excess of 10,000 pounds shall include all Town highways except for Warren Street and, as previously determined by the Town Board, the portion of Meadowbrook Road lying between Quaker and Ridge Roads, and BE IT FURTHER, ORDERED, that in addition, any vehicle with a gross weight in excess of five (5) tons shall be temporarily excluded from traveling on Warren Street so that, in the event the Town Board changes the Town's system of truck routes to include any portion of Warren Street, such heavy vehicles shall be prohibited from Warren Street until such time as the Town Highway Superintendent shall inform the Town Board that such heavy vehicles will no longer damage such Town highway and the Town Board shall withdraw this temporary prohibition, and BE IT FURTHER, ORDERED, that the Town Board hereby authorizes and directs the Town Highway Superintendent to properly post such weight restriction on Warren Street, and BE IT FURTHER, ORDERED, that the Town Clerk shall publish the temporary exclusion as required by law. Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Turner NOES None ABSENT: Mr. Martin RESOLUTION AUTHORIZING FINANCIAL CONTRIBUTION TO CITY OF NEW YORK TO AID IN VICTIM RELIEF RELATED TO SEPTEMBER 11, 2001 TERRORIST ATTACK RESOLUTION NO.: 454,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 369,2001, the Queensbury Town Board authorized the contribution of $10,000 to the City of New York and/or New York State to aid in the City and State's relief efforts as a result of the terrorist bombings on September 11,2001, and WHEREAS, the Town wishes to clarify that the $10,000 in relief funds is to be contributed to the City of New York to be used for victim relief related to the terrorist attacks, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the contribution of $10,000 authorized by Town Board Resolution No.: 369,2001 is to be contributed to the City of New York to aid in victim relief related to the terrorist bombings on September 11th, 2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward certified copies of this Resolution to Governor George Pataki and New York City Mayor Rudolph Giuliani, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that the $10,000 shall be paid for from an appropriation of fund balance in the Town's General Fund, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to transfer any funds and amend the 2001 Town Budget as may be necessary and the Town Supervisor to issue a voucher to effect this payment and take any and all action necessary to effectuate the terms and provisions of this Resolution. Duly adopted this 3rd day of December, 2001 by the following vote: AYES : Mr. Brewer, Mr. Brower, Mr. Turner, Mr. Stec NOES None ABSENT: Mr. Martin RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND TOWN OF QUEENSBURY UNIT OF THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) CONCERNING NEW OPTION UNDER EMPIRE BLUE CROSS-BLUE SHIELD INSURANCE PROGRAM RESOLUTION NO.: 455,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, there is currently an Agreement between the Town of Queensbury (Town) and the Town of Queensbury Unit of the Civil Service Employees Association, Inc. (CSEA) which is in full force and effect until December 31st, 2002, and WHEREAS, the Agreement provides for, among other things, the provision and choice of health insurance benefits, and WHEREAS, a new option has become available under the Empire Blue Cross-Blue Shield insurance program known as the Empire Blue Cross EPO Plan, and WHEREAS, such EPO Plan would replace the Town's Empire Blue Cross HMO Plan provided for in the current CSEA Agreement, and WHEREAS, the Town and the CSEA have met and negotiated terms to modify the current CSEA Agreement to provide for a one year substitution of Empire's EPO Plan for the HMO Plan, and WHEREAS, an Agreement between the Town and the CSEA has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement between the Town and the Town of Queensbury Unit of the Civil Service Employees Association, Inc. substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: Mr. Martin RESOLUTION AUTHORIZING RENEWAL CONTRACTS FOR EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH EMPIRE BLUE CROSS BLUE SHIELD RESOLUTION NO.: 456, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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 Comptroller, in conjunction with Capital Finan cial Group, has negotiated renewal contracts for the year 2002 with Empire Blue Cross Blue Shield, and WHEREAS, Empire Blue Cross Blue Shield has offered to provide a new insurance program option to Town employees known as the Empire Blue Cross EPO Plan which is an experience rated Plan, and WHEREAS, such EPO Plan would replace the Town's Empire Blue Cross HMO Plan currently provided for Town employees and the Town will pay the full EPO premium, and WHEREAS, the employee/employer cost sharing formulas will not change from 2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal contracts for the year 2002 with Empire Blue Cross Blue Shield with the 2002 monthly premiums as follows: INDIVIDUAL F AMIL Y MEDICARE INDIVIDUAL MATRIX 449.73 1,262.93 520.56 EMPIRE DELUXE PPO 256.77 750.61 236.15 EMPIRE EPO 244.50 714.74 224.87 DENTAL 54.36 54.36 and BE IT FURTHER, RESOLVED, the Town Board authorizes and directs the substitution of the newly offered Empire Blue Cross Blue Shield EPO Plan for the previously offered HMO Plan, with the Town paying the full EPO premium, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation and the Town Supervisor and/or Town Comptroller to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of December, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT : Mr. Martin TOWN BOARD DISCUSSION