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2002-01-14 REGULAR TOWN BOARD MEETING January 14,2002 MTG. #5 RES. 50-71 7:00 p.ill. BOH 1-3 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ROGER BOOR SUPERVISOR BROWER-Opened the Meeting at 7:05P.M. 1.0 BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 50, 2002 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 the Queensbury Board of Health. Duly adopted this 14th day of January, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF CARLOS BOMBARD RESOLUTION NO.: 01, 2002 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Carlos Bombard has applied to the Local Board of Health for variances from Chapter 136 to allow a leachfield to be located one foot (l ') from the rear and side property lines in lieu of the required ten feet (10') setback and seventy feet (70') from his well in lieu of the required one-hundred feet (100') setback on property located at 583 Moon Hill Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on January 28th, 2002 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Carlos Bombard's sewage disposal variance application concerning his property situated at 583 Moon Hill Road, Queensbury (Tax Map No.: 48-2-7) 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 14th day of January, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF WILLIAM UNDERWOOD RESOLUTION NO.: 02, 2002 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, William Underwood has applied to the Local Board of Health for variances from Chapter 136 to install one 8' x 10' seepage pit in lieu of the required two 8' x 10' seepage pits, to be located 75' and 95' from two wells on the property in lieu of the required 150' setback requirement(s) on property located at the comer of Sunnyside and Sunnyside North Roads, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on January 28th, 2002 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider William Underwood's sewage disposal variance application concerning property located at the comer of Sunnyside and Sunnyside North Roads, Queensbury (Tax Map No.: 290.5-1-19) 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 Mr. Underwood's property as required by law. Duly adopted this 14th day of January, 2002 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 003, 2002 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 adjourns its Board of Health Meeting. Duly adopted this 14th day of January, 2002 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Boor, Mr. Turner, Mr. Brower NOES: None ABSENT: None SUPERVISOR BROWER-Requested that the presentation by Attorney John Lapper be held after the next public hearing. 2.0 PUBLIC HEARINGS 2.1 Emergency Ambulance Service Agreements for 2002- 2003 Notice Shown Supervisor Brower-Henry would you like to bring us up to date on this? Comptroller Henry Hess-What I would like to do is to discuss these one at a time they are individual contracts we are having a common public hearing which I assume meets the need but we have three contracts that are up for renewal this year. The first one I would like to discuss is West Glens Falls Emergency Squad. I do not believe that there is anybody here from West Glens Falls Emergency Squad tonight, I got a call today that said that there was a conflict at the last minute they could not make it over. However this one as far as I know was, is being presented exactly as negotiated between the Town Board a couple months ago, there has been no changes. It is a two year budget for the year 2002-2003. The 2002 budget is 245,000 dollars and the 2003 budget is 263, 835 dollars. It is substantially, it is I want to say it is substantially higher than it has been but it does cover a pent up need for equipment repair and replacement. But, it is what the Town Board agreed to a couple of months ago and they have not changed it since. Councilman Brewer-And that is going to drop down next year, right, Henry or the year after? Comptroller Hess-This one Councilman Brewer-No, all right I am sorry. Comptroller Hess-This one is stable. Councilman Brewer-Bay Ridge is going to drop down. Comptroller Hess-The second budget is for Bay Ridge Rescue Squad you met with Bay Ridge a couple of months ago and negotiated a 2002 budget that included some one time expenditures for property improvements and equipment totaling a 174,327 dollars. We then it went to, to come up with a 2003 budget we applied a three percent cost increase to the, for the routine contractual factors, energy, maintenance on equipment and so forth and reduce the budget line items where there were one time adjustments for building expenses and equipment. So, it would make the second years budget 159,187 dollars. Once we published that and sent it out to the Squad they sent us a letter making a couple of requests for contract language or one particular request for contract language altering the payment schedule which we had not talked about and which we are not recommending that you do. Also, recommending that their budget not be decreased for 2003 that it be left at the same number for I think 2002, 174,327 dollars. Councilman Brewer-Is there anybody here from that company? Comptroller Hess-Connie is here. Ms. Connie Tucker-Good evening once again, it is getting to be a regular habit. Supervisor Brower-Would you introduce yourself for the record? Ms. Connie Tucker-Yes. My name is Connie Tucker I am the President of Bay Ridge Rescue Squad. Mr. Jay Mayor-Jay Mayor, Lieu tent Bay Ridge Rescue Squad. Ms. Tucker-When I received the letter about the budgeting process from Henry, we had true only submitted a budget for 2002, not knowing that we were supposed to put in a budget for 2003. You Gentlemen have a copy of the five-year plan that we had submitted per chance? Supervisor Brower-I do not have one in front of me, now, no, but I recall some of your information. Ms. Tucker-We had, the only one time purchase that we had put into our budget or our contract for next year, it is actually for this year, was the building improvements. We had included in our five-year plan to replace our defibrillators with twelve lead capabilities defibrillator over the next three years. They were a replacement for 2002,2003 and 2004. We currently have three monitors that are approximately eight years old and the State requirement is now going to be going to the twelve lead capabilities. We had budgeted for 12,000 dollars for each of these monitors over the next three years. I am hoping to be able to pick them up used because to pick them up new is going to cost a lot more money. They are running somewhere around 14,000 to 16,000 dollars a piece. I had also put in the budget for 2000 the only other expense that I had put in for 2002 was the scheduled replacement on our radio system. I had in the five year plan requested to replace six ... per year over a five year period, two mobile radios per year over a five year period one portable radio per year for five yearS, over the next five years and then look into changing our telemetry capabilities to be able to send the twelve leads to the hospital. As of this time the only way that can be done is through mobile communications and eventually it will be going into a fax system where you would be able to fax them directly from your ambulance or from your residence directly to the hospital so the doctor could read it. I had also put in to replace a computer in 2003 but we because the State has mandated the last couple of years that everybody have a certain amount of immunizations, a lot of our new members have not been upgraded on that so over the next couple of years we are going to have to totally re-arrange our system of how we get people immunized. We do have a contract with the Center for Occupational Health. All the other items on our contact for this year were our regular expenses. I can tell you right now that as of the 30th of December just for this year alone I was over budget on several areas that were necessity items and those items were electric, waste removal, our vehicle lease of $6,000 of course the interest on that was 75. dollars more so we were over on that. Our radio repairs we went over budget through the end of November just for 2001 by 750. dollars our oxygen budget we went over by almost 300. dollars our medical equipment budget we went over by 630. dollars and that is due to changing over everything to latex free. As we are replacing our medical equipment we are trying to replace it with latex free equipment due to the fact that so many people have latex allergies. So, we have been trying to do our replacements over the years instead of trying to do it all at one time. Also our gear, I had budgeted for 2002 10,000. dollars for gear, I was going to leave it the same for 2003 due to the fact that it cost approximately 1200. dollars per member to outfit them in OSHA required gear to do EMS. That is low end as opposed to fire department, which has to have no ... Councilman Brewer-Wasn't there some number I remember 60,000 dollars? Ms. Tucker-That was another organization, Tim that was not ours. Councilman Brewer-What was the number that we talked about here with you? Ms. Tucker-1O,OOO. Councilman Brewer-1O,OOO Ms. Tucker-Because we like to replace our little a little slower. We do have some but it is now becoming outdated. Councilman Brewer-Didn't we talk about it at that time Connie, buying it and financing it. Ms. Tucker-No, that was W.G.F. Councilman Brewer-No, I know that we did that with them but why can't we do the same thing with Bay Ridge? Ms. Tucker-Because I do not think it is necessary for us to replace everything at one time. Our older gear we are replacing with the updated stuff and then we will try to sell off our old stuff or donate it to a back woods company someplace in outer west Podunk who does not have money to buy gear to keep them, this is what our plan has always been. Over the years when we have something that is no longer usable to us we either sell it for a very low nominal fee or donate it to another rescue squad someplace else in the area. I can get by for 2003 without an increase for my 2002 budget. Supervisor Brower-But that would be 15,000 dollars higher than what we have projected. Ms. Tucker-It would be exactly the same as you were giving me for 2002. Councilman Brewer-But, I thought the reason we were doing that is because you had... Councilman Stec-One time expense. Councilman Brewer-One time expenses. Ms. Tucker-The only one time expenditure that I put in on my five-year plan, which we had discussed, was the modification to my building. The wire thing, to re-wire the existing garage for lighting, building a new storage loaf due to the fact that we took away one of our offices and turned it into sleeping quarters for our members so we could comply with our fire and building codes. We have a barn on the property that has to have a new roof put on we need to reseal our blacktop this year. So, what I have done, I have taken my building maintenance improvement budget from 1500 dollars I believe was forty nine ninety two, that was the only major increase, one time increase that I asked for, for 2002. Councilman Brewer-How much were you over on your budget this year, total. Ms. Tucker-I was not over on my budget I just hit my budget. I was over in certain areas but of course we robbed Peter to pay Paul. We did away with some other things that were planed purchases for 2001 that we ... those expenditures. Comptroller Hess-The most recent financial statement we have for the squad is the year 2000 and I have no idea what their expenses were or their spending patterns in 2001. For the year 2000 when we use that for a basis point, and that is usually what we do we take their budget for 2000 we take their financial report for 2000 and use that as a basis point to see what their operation looks like we then compare it with the 2001 budget so we can sort of look forward to 2003 and see what the trend should be. For the year 2000 they spent almost exactly, a few dollars less than what was in their budget for the year 2000. So if we are going over expenditure it is a 2001 phenomena because in the year 2000 they were spending less than and now we are going into a situation that is new, that is more than. I am arguing that, that should not be the case; there may be valid reasons for that. Councilman Brewer-I think we realize that fuel and all that stuff all went crazy this year. Comptroller Hess-To point out and I do not know, Connie could very well be right about what the intention was in the budget, I had to rely on my notes when I went back and put these together and my notes indicated that they were one time expenditures. The 2002 budget that we are dealing with is a 33% increase over the 2001 budget. So, maintaining it would be an average of 16% percent a year for those two years, which is not the kind of increases that we are seeing in other Rescue Squad Budgets. Ms. Tucker-I believe, Henry that, that was due to the fact of our ambulance replacement fund, we had not been getting the amount that we were entitled to for two years before that. That is reflected for the next two years, if you notice I did not, I would not ask for a increase in that as well for 2003, that would stay the same. Councilman Brewer-So, Connie, you want the building expenses to stay at the same kind of a number as Ms. Tucker-Actually when I redo the budget time that money that 3500. dollars and probably we will have to move some other monies around I do not know what is going to happen with my yearly contracts as far as, I have heating maintenance contracts, heating and air-conditioning I have generator contracts, I have defibulator contracts, contracts for my overhead doors, contracts for cleaning, contracts for maintenance, that I contract with a company every year in order to take care of those items so that we do not have a break down and have to send an additional amount of money. Councilman Brewer-I understand that, I am talking about on this budget that I am looking at from 2001 was 14,008 dollars for building expenses, we know that you have some expenses that go up and make this 2002 budget jump to 233.. Ms. Tucker-You should have a copy of the 2002 budget that I submitted, Henry do they have a copy of that? Comptroller Hess-They had it at one time what we are dealing with now is what was negotiated and dealt with since the meeting. Ms. Tucker-This is the budget that was. Comptroller Hess-We did not come in with negotiation papers, we came in with pubic hearing papers on what.. Ms. Tucker-The amount of monies that were budgeted and when I handed you a copy of our 2002 budget was for the contract amounts of money of the 174,327 dollars for 2002. On that expenses, building expenses, was 23,322. dollars, that was including all my contracts. I made a lot of contracts in the year 2001 for maintenance because we were spending excess amount of monies for repairs on items that were breaking down and the only way to prevent that was to get maintenance contracts for we have a water contract that takes care of our water softener also supplies our drinking water for the building, heating and air-conditioning, lawn care, over head doors, plowing and sanding and then of course our propane, electric, phones, all of those items. Councilman Tucker-I understand that, what my question was you want that number to stay at 23 or greater than 23 in 2003 that was what my question was. So, there is... Ms. Tucker-Actually, that because of the. Comptroller Hess-What I understand you saying is, you want the money but you do not necessarily want it on that line. Ms. Tucker-Actually it would probably end up on that line due to the fact that, what I would have to do is make adjustments to the, I might have to take a little bit away from another area to increase that section on that because of the increase cost of living that two or three, five percent due to the cost of living and the economy is very bad, prices are going up due to September 11 tho Comptroller Hess-One of the things I would like to suggest as an alternative for you to consider and I am not recommending it but when Connie sent the letter in here in response to the 2003 budget she indicated that the amount should not go down but it should be redistributed among these lines and maybe one of the things that one of the options you have is to approve the 2002 budget for the squad and after we get the 2001 financial statement do a 2003 later in the year when there is a budget submitted that really more matches what the spending pattern is going to be. I do not think, no matter what you do with 2003 it is not going to match the spending pattern that is going to occur because the number are not complete. Councilman Stec-Henry along that vein, if we did that, we could adopt 2002 and 2003 we can always change the contract for 2003 if we wanted to come up from 159,000. Comptroller Hess-Yes, can increase it, right.. Town Counsel Hafner-You would have to have another public hearing. Comptroller Hess-Yes, that is another option. You can adopt this the way it is and hear an appeal later. Councilman Stec-And we can deal with 2003 when we have 2001's numbers. Councilman Brewer-When do we expect to get that? Comptroller Hess-Well the audit is due they usually provide it in the summer. Councilman Brewer-Because I would like to have it before we go into budget this year. Comptroller Hess-They are due, sometimes we get them actually by then, but they are due in July which brings it into advance of the budget season for next year. If that comes in when it should you would have it in time for budget season next year. Ms. Tucker-Gentlemen, I would rather just negotiate a contract or sign a contract now for 2002 and then negotiate a contract for 2003 at a later date then. Supervisor Brower-Comments or questions from the Board? I think I would rather adopt it the way it is currently and be able to amend it at a later date. I do not know how the other board members feel. Councilman Boor-I would be more comfortable with that. With the defibrillators you really don't know what you are going to be paying, do you? You are hoping that you can get used ones but we do not know. Ms. Tucker-It may be more. Councilman Boor-Right that is what I am saying. Ms. Tucker-As I have stated in the past every time I have come in front of this Town Board I have never came here and asked for any more money than we needed. I am not asking for an increase for 2003, I am asking for the same amount of monies to take care of the increases and of course the general over all increase in what it is going to cost me for electric, oxygen, phones etc. etc. plus the increases it is going to cost me for immunizations, physicals, and those items for new members as they come into my organization and the replacement as was indicated in our five year plan which was submitted to this town board. Supervisor Brower-Do you have anything further to add Jay or Connie? Thank you very much. Comptroller Hess-The third budget is North Queensbury Rescue Squad, and they submitted a 2002 budget proposal it was late and you really did not sit down with the squad and have a negotiation session but when we sent it to you, you had no objection to it, when we sent it to the squad we did not hear about an objection. With the 2003 budget we did the same thing it was a 3% increase. The point of discussion on their budget has to do with some debt service. Although the contract provides that each of the Squads because they are supported by the Town and needs to come to the Town for approval on debt when they incur debt. The squad had a plan in process, which has not been completed so there has been no violation of the contract. They were planning to go out and re-mortgage their building and that showed up in the financial, excuse me, in the budget estimate that they gave us. Because it had not been approved by the Board nor even discussed with the Board I did not include it in their budget projection for 2002,2003. Since that time I spoke to officials of the squad they provide the data and I shared it with the Town Board Members since then. The budget sheet the exhibit A that you have in front of you does not include those numbers but it is about a 12,000 dollars. If you were to approve their spending plan for the new building and the debt service the debt service required to advertise it would increase their annual budgets for both years about 12,000 dollars, 12,000 and change. Now the Squad and when I spoke to the Co-Captain up there they would like the Board to consider that, but apparently it is not necessarily fatal to the project if the Board does not decide to fund it. Although the contract does require that you at least approve at some point the debt for them to enter into an agreement with the bank. Councilman Brewer-Is there somebody here from that company? Comptroller Hess-John is here. Mr. John Owen-Good evening, John Owen, North Queensbury Rescue Squad Co-Captain. You have got questions. Councilman Brewer-The first thing that I saw in the budget was the loan for the 200,000 for the building. Mr. Owen-That is correct. Councilman Brewer-But this letter that we got, to me, the way I read it the work is done. Mr. Owen-That is correct. The work is done the work is paid for, what we are asking for is the Town to pick up the expense of doing this work. Councilman Brewer-But isn't that supposed to be Mr. Owen-We have already paid for it all, we are asking the Town to do is pick up the expense, if you do, you do, if you don't you don't. This came about basically the big news the 98' ice storm. We realized that and a number of us sitting in the room went up there we realized that our buildings were very inadequate. No matter how much aid you get from the Feds, from the State or whatever it is going to come down to grass routes area. We have seen this on Assembly Point where we had a power outage two years ago for five days and the natives get restless and they expect us to supply them with gas, with food with all this and Councilman Brewer-Can we do, don't we do that at the firehouse? Mr. Owen-No, we also, I am also President of the Fire House, but I am not here to represent the Fire House. Councilman Brewer-I understand that but we have got. Mr. Owen-We all of a sudden realize that the firehouse as well was inadequate, we did not have showers. What you get into is a conglomerate of people all at the firehouse and the rescue workers have to have somewhere to get away. That is what we are using the squad house for. We put a generator in which was already in that is not something new we did, we did do the bathroom we made a very large sleeping area over the bay, we got the trucks out into the area where it needed to be, we also over insulated and put a new roof on and siding so we do not have to touch the thing. The building is over and done with, of course I was here three years ago and said that also but then all of a sudden you get an education through the years and this is what happened. So, we saw that the building was inadequate and we decided to do something about it. We had the money we knew who we wanted to do it and we went ahead and do it and now we have not financed it at all. I am now in front of you the drawings that you have, Mr. Hess has, or maybe some of you have seen it, all that work has all been done. We put on approximately with up stairs and down stairs approximately 2100 square in addition. So, we are completely basically, self contained up their both the fire company and the rescue squad. For any emergency, it is not a point as to when it will come it is a point or if it will come it is a point of when it will come. Supervisor Brower-You know John, I appreciate what you are saying but by the same token if we were to approve this I see this as setting a huge precedent that would be horrendous for the Town of Queensbury. Mr. Owen-I understand that. Supervisor Brower-If every Rescue Squad, Fire Company went ahead and did some type of improvement without coming to us first I see that as being very problematic and personally I cannot support that. But I appreciate what you are doing because I have similar concerns about an ice event in the region it could be catastrophic. Mr. Owen-We have had, it was only twenty miles away from here as the crow flies the second thing we have had numerous storms up there you may know, two years ago we lost seven boats on one side of the lake we were all, everyone in EMS and Fire were out for twenty four hours straight trying to keep things held together. These buildings are really important, I understand you know, Bay Ridge is spending a lot of money but I think it will come back it will work out for the benefit of the people that live here. Any more questions? Supervisor Brower-I want to thank you for coming forward. Mr. Owen-No problem. Comptroller Hess-I would like to make one comment, here again I have not seen 2001 financial report we will see that later in the year, even if you do not approve the debt service request for the payback on this you have contributed in the year 2000, you have contributed some toward the building because where they under spent in some of the line items and used it against the building that was an approve expense, we have no problem with that. If the same thing occurs in the year 2001 that would be an approved expense also. So, it would not be a charge back to the squad they could use it for that. It is not the level of support that it would be the same if you approve the debt but you have contributed to some degree toward the remodeling of the building. Councilman Brewer-This is a bad question to ask but I am going to ask it anyways if you can do all this why are we giving... so much money. Mr. Owen-Well, we have other expenses as well, obviously without getting into everything ..we all have to have a level of equipment and that equipment is extremely expensive, 12,000 dollars, well 12,000 is light for a life pack twelve, you are more like 18,000 you tack on a blood pressure cuff and all the rest of the stuff and telemetry and equipment for everybody, lets face it after ok, after 911 it is going to get is going to get even worse. We are probably going to get into personnel respirators who know what they are going to come down with in another couple of years about ambulances. They may require that we all have self- contained air. You know, you don't know, you don't know what is going to happen. So, pretty much, I have done the budget for the last few years, five, six, maybe ten, fifteen years, we are pretty much on schedule as we are going to replace equipment so it is not like we have old equipment and so forth we are pretty much on schedule, but there is one heck of an expense to keep these buildings going. Bluntly. Also, to put a little pitch in I think you people should really, really consider billing. I think most of the rescue squads in Queensbury would be interested in looking at that but this would be a way of re-cooping some of this money. I mean, right now you are transporting people to the hospital with volunteers who you know, it is not costing them anything and they are already paying it in insurance premiums. You guys ought to be getting some of that back to help off set this expense. Councilman Brewer-But they are paying it in taxes too, so. I have a problem with somebody saying that they are not paying anything. Mr. Owen-Somebody called it a number of years ago double dipping but it is not, most towns do it and people are already paying it in their insurance premiums, you know for this. They expect it, they expect, the insurance companies expect to get a bill. So, Councilman Brewer-I respect your opinion but my opinion is that the taxpayers of the Town we pay enough. Supervisor Brower-Well the bill for service argument continues our discussion, we have discussed it briefly in the past at one time there was some of the emergency squads did not want to participate in it and they are still things that would be up in the air as to who would benefit most from it things of that nature, questions of that nature, but I do not think that the discussion are over, I think we have to look at it. Mr. Owen-I hope not, I think it has got to come down the line at some point. Comptroller Hess-We have, in fact I notified you in one of the communications I sent in the last couple of weeks we will be re-introducing that on behalf of one of the squads that have come to us with a plan probably, and one of the things that we have asked for over the years we have not discussed this briefly we have discussed it pretty vigorously at some point in each of the last four years. It has never matured. But, I think one of the squads has come up with a plan that I am not sure is the one that will work but it is the best plan that we have seen yet. So, over the next couple months we will be gathering that data and putting that back on the table that so in the spring we will probably have another meeting on that. The other thing I would like to say regarding the North Queensbury project by doing the work there was no violation of the contract by doing the work, the only violation would have occurred had they financed it without coming to the board and making you aware of it and asking for your approval. The other thing I would just like to mention is that and these are rough numbers I do not know that they are exact but they are pretty much in proportion, the rescue squad at the north end of town and we are not measuring the value of each run. I do not know how many runs they make and I do not know how many miles they put on in a year but in terms of taxable value we contribute, we probably put in about twenty five percent of the budget of the EMS budget goes to that squad and taxes collected for all the squads come from about 58% from the north end from their district. That is where the taxable value is. So, they do pay their fair share. Mr. Owen-Well, we pay over our fair share. Just our peninsula alone pays twenty two thousand dollars just in EMS tax because your assessments up their as you people probably know are five times what they are down here in this section of town and that is not because of the houses unless you take Phil Morris but most of them are just simply because of that land that we live on. But that is all right, we are here to support the Town of Queensbury and whatever is best for the Town. That is why I think you should really, really look at the hard facts of the way that things are going with EMS and as far as third party billing because we are out there, we are the only ones not doing it basically. It is surrounding us it is coming in faster and faster and it is just a pot of money you are missing out on. Something that you should be billing for. Supervisor Brower-Further discussion from Board Members? Hearing none do I have a motion? Town Counsel Hafner-You are in a public hearing. Supervisor Brower-Excuse me, thank you. At this time I would like to allow any members of the public that are present to come forward and make any comment either for or against the proposed contracts for the Emergency Service Agreements for 2002-2003. Would anyone care to comment publicly? No one? Ok. Being that we do not have any public comment at this time I will close the public hearing and request a motion from the Board. (7:44 P.M.) RESOLUTION APPROVING EMERGENCY AMBULANCE SERVICE AGREEMENTS FOR 2002 - 2003 RESOLUTION NO.: 51, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, in accordance with Town Law ~ 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the Town and its three (3) emergency squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squads, Inc., and West Glens Falls Emergency Squad, Inc., negotiated terms for new two (2) year Agreements for general emergency ambulance services, and WHEREAS, in accordance with Town Law ~184 and General Municipal Law ~209(b), the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed agreements for emergency ambulance service, and WHEREAS, copies of the proposed agreements have been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the emergency ambulance service Agreements between the Town and its three (3) Emergency Squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the agreements with each Emergency Squad and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 14th day of January, 2002, by the following vote: AYES Mr. Stec, Mr. Brower, Mr. Boor, Mr. Turner NOES Mr. Brewer ABSENT: None (Councilman Brewer-I am going to vote no because I do not agree with the way these are written and the way we are accepting them.) SCHEDULED DISCUSSIONS Attorney John Lapper, Dave Carr from the LA Group and Rich LaMont from the Architectural Engineer Firm, Greenburg Farrell who does Home Depot Work... formally introduced the Home Depot Project to the Town Board... Home Depot has chosen to locate in the Northway Plaza along with a five acre parcel along Montray...discussed storm water management in the area ...Mr. Dave Carr using maps of the area reviewed the project... showed the area proposed to be rezoned.. . Home Depot would be approximately 116,000 sq. feet....it was noted that a traffic study is being done.. . have spoken to DOT regarding consolidating entrances to the south... Phase I archeological study being done. . . Attorney John Lapper representing Pyramid Company - spoke to the Town Board regarding proposal to renovate the buildings putting them back into service... more than three parties have expressed interest. . . expect that there will be more concrete information by the 28th. Councilman Stec- Questioned if this is a long-term goal? Attorney Lapper-It would be my speculation that anyone that would spend serious money to renovate the site would require a multi year lease. Councilman Stec-Noted he would like to see a signed lease on the 28th. Councilman Boor-I would want an escrow account with enough money to take care of that property if these early negotiations fall through. Attorney Lapper-Noted Pyramid is taking the Town's concerns seriously. 3.0 CORRESPONDENCE The following reports have been placed on file in the Town Clerk's Office- a. Town Clerk's Monthly report December 2001 and Yearly Report for 2001 b.Building and Codes Report for December 2001 c. Town of Qsby. Historian's Annual Report 2001 d. Fire Marshal's quarterly report July- December 2001 e. Receiver of Taxes Yearly report 2001 4.0 INTRODUCTION OF RESOLUTIONS FROM FLOOR NONE 5.0 OPEN FORUM 8:03 p.m. Mr. Pliney Tucker-Res. 6.5 Agency Designation for Home Depot- Questioned if this was the time to put restrictions on the rezoning? Noted if the rezoning goes through and Home Depot walks the rezoning should return to what it was. Res. 6.18 Questioned the changes in district. Town Clerk Dougher-Reviewed the proposed changes noting that the district lines were prepared through the GIS system at Warren County using data from the Board of Elections. Establishing eight new districts in the Town. Mr. Douglas Irish-8 Buena Vista- Re: Aviation Mall Noted he liked the idea of an escrow account. . . requested that the Board maintain a proactive stance with the Pyramid Group. . . Ms. Barbara Bennett-Question if there should be more Wards in Queensbury? Supervisor Brower-Noted that could be a possibility. Councilman Boor-Noted the restrictions of natural boundaries could be problematic in establishing another Ward. Ms. Bennett-Spoke about the meeting of January 2nd. Supervisor Brower-Spoke about the emergency Board Meeting held on January 2nd. , meeting called after the January 1st. meeting, called regarding the Comptroller's position. Ms. Bennett-Noted last year you were criticized for calling special board meetings at different days and time and the public would not be there and sometimes you would deal with controversial subjects without public there which is not knowing what happened this is what I was questioning is this going to go on this year? Supervisor Brower-We hope that we can keep it to a minimum. Councilman Stec-I will not participate it in. Ms. Bennett-The Citizens were expecting a big tax break and their taxes were higher than last year. Councilman Brewer-Noted that there is no Town Tax, we cannot control over the County. Supervisor Brower-Noted it was not the intent to miss-lead the public. Ms. Bennett-Noted at the Dec. 27th meeting, I feel obligated to report this, I am alluding to female discrimination, a female department head who heads a very important department and was requested by the Board to be there, and you were disrespectful to her you ignored her when she tried to talk, you talked on top of her. . . noted Councilman Stec and Councilman Martin also talked on top of her. .. if that had been Mr. Swan in there you would not have treated him that way. . . you were disrespectfully you treated her as an unequal and you had requested that she be there. Supervisor Brower-I am sorry that you had that perception I certainly try never to treat people disrespectfully. If you had that impression I apologize to you and certainly I would apologize to her if that was the case. I certainly did not feel that we treated her disrespectfully at all personally. Asked for further comments. . . closed Open forum 8: 15 P.M. 6.0 RESOLUTIONS RESOLUTION AFFIRMING AND RATIFYING RESOLUTION NO.: 42, 2002 CONCERNING RE- APPOINTMENT OF TOWN COMPTROLLER RESOLUTION NO.: 52, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, at a Special Town Board Meeting on January 2, 2002, the Queensbury Town Board, by Resolution No.: 42,2002, re-appointed Henry Hess as Town Comptroller for the years 2002 and 2003, and WHEREAS, the Town Board wishes to affirm and ratify such Resolution, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby affirms and ratifies Resolution No.: 42,2002 to re-appoint Henry Hess to the position of Town Comptroller with his term to expire December 31, 2003. Duly adopted this 14th day of January, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner NOES Mr. Stec, Mr. Brewer ABSENT: None Discussion held before vote: Councilman Stec-Questioned why this had to be reaffirmed? Town Counsel Hafner-For similar reasons to what Dennis talked to Barbara Bennett about the perception that if the emergency meeting which was called to fill a needed post up at the town office that only three of the Town Board Members were able to attend and to make sure at this meeting duly called normal meeting of the Town Board that every Town Board Member would get a chance to again get on the record. At the same time in the same room in front of the public and affirm and ratify what was done to fill that post on the second. Councilman Stec-Bob in your opinion the resolution that was passed on the second valid? Counsel Hafner-It, I believe that it is but the reason why we recommended quite strongly and we talked to each one of you, was that we wanted to take away any arguments that because of two of the Town Board Members were unable to make the emergency meeting on the 2nd that anyone would ever have of arguing that it was not valid. (vote taken) Discussion held regarding 6.2A and 62.B The Clerk read both resolutions 1 st read RESOLUTION AUTHORIZING TOWN BOARD MEMBERS TO PLACE RESOLUTIONS OR DISCUSSION ITEMS ON TOWN BOARD REGULAR OR SPECIAL MEETING AGENDAS RESOLUTION NO.: ,2002 BY: INTRODUCED WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, from time to time members of the Queensbury Town Board find it necessary to add Resolutions or discussion items to the Town Board's printed agendas for Regular or Special Town Board meetings, and WHEREAS, the printed agenda promotes honest communication with the public about issues to be discussed at Town Board meetings, and WHEREAS, in accordance with Town Law ~63, a Town Board may determine its rules of procedure, and WHEREAS, the Town Board wishes to adopt a Resolution formally granting authority to all Town Board members to add Resolutions or discussion items to the Town Board's printed agendas for Regular or Special Town Board meetings with the provision that, if necessary, any such additions may only be removed from the agendas by the Town Board member originally requesting such addition, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby formally adopts, authorizes and directs implementation of a procedure whereby all Town Board members may add Resolutions or discussion items to any Regular or Special Meeting Town Board printed agenda and only the Councilperson requesting such agenda addition shall be authorized to remove it from the Town Board printed agenda if necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to take any action necessary to implement this procedure and effectuate the terms of this Resolution. Duly adopted this 14th day of January, 2002, by the following vote: AYES NOES ABSENT: RESOLUTION AUTHORIZING TOWN BOARD MEMBERS TO PLACE RESOLUTIONS OR DISCUSSION ITEMS ON TOWN BOARD REGULAR OR SPECIAL MEETING AGENDAS RESOLUTION NO.: 2002 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the pre-printed agenda of Town Board meetings is a key component to full and honest communication with the public about issues to be discussed and therefore a critical element to the practice of open government and respecting the public's "right to know," and WHEREAS, the pre-printed agenda of Town Board meetings is also a key component to full and honest communication with all other Town Board members about issues to be discussed, and therefore a critical element to the practice of responsible government and respecting each member's right to be informed and prepared to act, and WHEREAS, from time to time members of the Queensbury Town Board wish to contribute Resolutions or discussion items to the Town Board's printed agendas for Regular or Special Town Board meetings, and WHEREAS, the printed agenda promotes honest communication with the public about issues to be discussed at Town Board meetings, and WHEREAS, in accordance with Town Law ~63, a Town Board may determine its rules of procedure, and WHEREAS, the Town Board wishes to granting authorization to all Town Board members to contribute Resolutions or discussion items to the Town Board's printed agendas for Regular or Special Town Board meetings, and WHEREAS, the Town Board wishes to honor the traditional roll of Town Supervisor, and in his absence, the Deputy Town Supervisor, as Chairman of Town Board meetings in a manner not inconsistent with Robert's Rules of Order which has been adopted by the Town Board as parliamentary procedure for Town Board meetings, and WHEREAS, this change in procedure is not intended to circumvent nor diminish the responsibilities of the Town Supervisor to perform his duties as chief elected administrator of the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby formally adopts, authorizes and directs implementation of procedures whereby all Town Board members may contribute Resolutions or discussion items to the agenda of any Regular or Special Town Board Meeting by submitting a full copy of the Resolution together with any applicable supporting data four business days in advance of the scheduled meeting to the Town Supervisor, or in his absence the Deputy Supervisor, who will serve as chairman of the meeting, and BE IT FURTHER, RESOLVED, that Resolutions so submitted will be included on the pre-printed agenda and may be excluded or removed from the agenda only upon the request of the Councilperson that originally submitted the Resolution, and BE IT FURTHER, RESOLVED, that Resolutions by Town Board members not submitted within the timeframe prescribed herein may be introduced from the floor during the portion of the meeting designated for the introduction of Resolutions by Town Board members from the floor, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to take any action necessary to implement this procedure and effectuate the terms of this Resolution. Duly adopted this 14th day of January, 2002, by the following vote: AYES NOES ABSENT: Discussion held before vote: Councilman Brewer-I understand what your attempt was with the second resolution Dennis but I think the B resolution clearly the intent was for Town Board Members to be able to put stuff on the agenda. I think you have included in that in your agenda but I do not understand with the issue with we are honoring the traditional role and no body is trying to eliminate that so I would think the Whereas where we are saying you are the Chairman of the Board nobody is disputing that it is in New York State Law, we are not trying to circumvent anything. Personally I do not have a problem if we let everybody else know on the Board if we want to put a resolution on the agenda that is not an issue with me I do not have a problem. We all have to get, there has to be some kind of sequence of events to prepare an agenda and I think we all truly have tried to do that so I do not have a problem, maybe four days in advance I do not know. We don't see agendas only two days in advance we get them on Fridays but is a point. Supervisor Brower-That would be the Wednesday before, typically. Councilman Brewer-Typically, Town Board Members do not see them until Friday. Supervisor Brower-I know but if a Board Member wanted to put something on the agenda they would have to let me know by Wednesday that you want it on the agenda. Councilman Stec-What about Department Heads? Supervisor Brower-We are specifically talking about Board Members. ... Councilman Brewer-I guess personally I do not have a problem with letting everybody know in advance a couple days it is not that big of a deal to me because we have to let the Attorney's Office prepare a couple days in advance anyway so that is not an issue. I do not see any sense in saying that you are the Chairman and we all know that it is in Town Law and nobody has an issue with that and I do not see a need for that in there. I think we are reiterating something that doesn't need to be said. Councilman Boor-What exactly do you want, to strike? Councilman Brewer-I would prefer to use this resolution and add that we will ... Councilman Boor-The four day. Councilman Stec-Or the Wednesday before. Councilman Brewer-I do not think we need on the second page the second and third Whereas and the Resolved, I do not think that we need all that we are complicating things. Councilman Stec-For me because I authored this or this is my brainchild this for me is about open meetings and the public's right to know. We just heard from Mrs. Bennett we all recall the July 9th meeting where there was criticism that we changed the meeting time, moved the meeting up an hour. There is only by a leak from someone in the Town that the press was notified of the meeting and then obviously there are people asking questions about the meeting on July or January 2nd in fact the Attorney felt strongly enough that we had to reaffirm that tonight so apparently there are issues with the meeting on January 2nd. Was the public notified or the media notified about the change in start time for tonight's meeting to 6:30? None of the people in the audience knew that it was 6:30 not 7:00. How were they notified and when? Supervisor Brower-All the media was notified by Bill Lavery? Councilman Stec-When, last week? Supervisor Brower-Today. Councilman Stec- This afternoon? Supervisor Brower-Because he only found out I thought he did it Friday but he well this morning actually because he did not know Bob Edwards well it is a personnel matter. Councilman Stec-You told me about it Wednesday. Supervisor Brower-It was an interview with a commission appointment, appointee, but it was Executive Session. Councilman Stec-We knew last week that we wanted to change the start time to 6:30 but the Press was not notified until this afternoon. Yes, the press was notified about the meeting on January 2nd but by what a voice mail, that was left on January 1st. that there is an 8:00 in the morning meeting the following morning? They are probably just getting their coffee when they checked their messages and the meeting was already over because it was a five minute meeting. For me the issue is that I think and my new years resolution is that we are going to improve our communications among ourselves we are going to improve our communications with the public, it is the law it is the right thing to do. So, I feel that the issue that I have with this resolution the goal that I am trying to, I am trying to avoid being in a position where we are forced to bring things from the floor. Because what you are doing then is you are preventing the public the right to know what is on the agenda. When we bring it from the floor a guy that gets on the computer and checks the agenda or somebody that gets a written copy of the agenda that comes to the meeting and looks and says my hot topic is not on here and they leave after the Board of Health and then we get into it. It is avoidable it is easily avoidable by setting an agenda and not having to worry about what's going to get pulled and when. I believe that we have never had a problem with ample notification for the resolutions that have been pulled in the past it has not been because they got their on Friday afternoon and we said hey we want to stick this one on for Monday, they have always been well in advance. I am really not sure that we need to start laying on extra words here. I think what I am seeking is whatever the procedure is for getting the resolutions prepared and getting an agenda printed that, that should remain the same. I do not think it is necessary to reaffirm that the Town Supervisor's authority it seems to be the theme for 2002 is we are re-affirming things. The problem I have with 6.2 A is that it is still encourages motions from the floor it says resolved that resolutions by Town Board Members not submitted within the time frame may be introduced from the floor. The whole point of my resolution is to discourage if not eliminate resolutions from the floor. You already got some Town Board Members that do not like to vote on resolutions that are not on the first or third Monday of the month so I think it is important for us to stick to an agenda. What I see here is the A is mine with more whereas's and resolves added to it that are unnecessary and really I think go against the intent. Supervisor Brower-Further discussion? Councilman Boor-Yea, I will say a couple things. First of all we are really mincing words here this is, you know we have got really important issues, I had the dubious honor or actually having to run against somebody this year and I learned a lot from doing that and I set some goals for myself and I love to see us come up with a deal with sewer and water and I would love to see some other things and I see us creating the very example we are critical of when we talk about Glens Falls. We are up here talking about the most ridiculous finer points of something that doesn't need to be, we should not be here taking time doing this. Either one of these are fine, I think the four days are great because it gives the Supervisor the curiosity of knowing what is going to be on there. It is just not that big a deal. I think the agenda should be the public should get the agenda I am all for that we should be able to put them on there but gees lets not waste time, we have got important stuff to do, this is like it does not look good. It just doesn't look good. When I was talking about running, I got to tell you since I have been elected people do not come up to me and say how is the sewer negotiations going how is the water deal going they go what the hell is going on with that board? I am thinking to myself what are we doing? How can we be critical of Glens Falls and stuff and, when we are doing the exact same thing amongst ourselves. Man, everybody here is qualified competent, capable of doing a lot of great things so lets do it. I am not trying to grandstand but I mean gees this is nuts. Either one of these are fine it is a courtesy of Dennis rather than giving pieces to Darleen first I think Dennis as the Supervisor should at least see what's going to be on the agenda so that if he ... someday and somebody says what it with this he should at least know what it is, he should at least know what the addenda item is. It is just a curtsey. Councilman Stec-Roger the way I understand the way it works now though is that the Town Counsel's Office sets up a meeting with Dennis and brings in all the resolutions on the agenda and that is the first he sees it. I am just saying that, that should be good enough. If I ask Bob to prepare a resolution and his office does it and it is there and then Pam brings it in on a Thursday afternoon or Friday Morning and says here is the agenda for Monday that should be enough notice. I do not want an added burden put on a Town Board Member? Councilman Boor-Is this a bone of contention really? Councilman Stec-We would not be here today if we did not have some things that were un- necessarily pulled off the agenda in the past. Councilman Boor-We have got the opportunity for all of us to put things on the agenda now and I say go with either one of them but lets move on to what we are really here for. Supervisor Brower-The only thing I want to say is that, a few items were mentioned of previous instances the few instances I took items off the agenda those particular instances one of them was abolishing the fleet management policy, I took that off because I saw significant problems for the town. That was introduced from the floor, against what I had hoped would be further discussion. Last vote of the Supervisor which quite frankly I thought was designed to undermine the authority of the Town Supervisor to vote last after considering other board members opinions and views on the subject and probably one or two other items that I did not feel had been discussed thoroughly enough to go, to be on the agenda for a vote. However, I am sure that can be debated I am sure other Board Members disagree with those positions or they would not have brought them from the floor. Councilman Stec-Dennis that is fine except you pulled them, if you had called and you had said hey, I understand that you two or three or four want this on the agenda but I have a problem with it and my problems are XY and Z and would you mind pulling it, what rational Board Member wouldn't say well I disagree with you but if you think that we need more consideration we will wait two weeks. We never got that phone call, saying hey I am not sure we are really to vote on this or I want some more time for us to discuss it can we pull it. If we had gotten that phone call I wouldn't be question 6.2B and I agree with Roger but you know I will take fifteen minutes out of my two year term to lay some ground rules that I know what the rules of the game are. Councilman Brewer-I will just say one more thing. 6.2B was written 6.2A goes to the heart of the intent of this. A councilman writes a resolution it gets re-written because somebody doesn't agree with it. You put the resolution on if you don't agree with it you vote no. Cut and dry, what the hell if the problem. We are not going to sit here and agree on every single thing that we do. Councilman Stec-We shouldn't. Councilman Brewer-We can't we shouldn't. But I think it is appropriate that the people sitting out here should know what we are doing and hear what our opinions are because we represent them not any agenda anyone of us has lets just, we have introduced it seconded it if you do not like it don't vote on it, or vote not. Lets just move on. Supervisor Brower-6.2 B we have had a motion and a second unless there is further discussion at this time I will call for the vote. RESOLUTION AUTHORIZING TOWN BOARD MEMBERS TO PLACE RESOLUTIONS OR DISCUSSION ITEMS ON TOWN BOARD REGULAR OR SPECIAL MEETING AGENDAS RESOLUTION NO.: 53,2002 MOTION DEFEATED INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, from time to time members of the Queensbury Town Board find it necessary to add Resolutions or discussion items to the Town Board's printed agendas for Regular or Special Town Board meetings, and WHEREAS, the printed agenda promotes honest communication with the public about issues to be discussed at Town Board meetings, and WHEREAS, in accordance with Town Law ~63, a Town Board may determine its rules of procedure, and WHEREAS, the Town Board wishes to adopt a Resolution formally granting authority to all Town Board members to add Resolutions or discussion items to the Town Board's printed agendas for Regular or Special Town Board meetings with the provision that, if necessary, any such additions may only be removed from the agendas by the Town Board member originally requesting such addition, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby formally adopts, authorizes and directs implementation of a procedure whereby all Town Board members may add Resolutions or discussion items to any Regular or Special Meeting Town Board printed agenda and only the Councilperson requesting such agenda addition shall be authorized to remove it from the Town Board printed agenda if necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to take any action necessary to implement this procedure and effectuate the terms of this Resolution. Duly adopted this 14th day of January, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer NOES Mr. Brower, Mr. Boor, Mr. Turner ABSENT: None Discussion on 6.2A - the Board decided to strike the following from the resolution (Whereas, the Town Board wishes to honor the traditional roll of Town Supervisor, and in his absence, the Deputy Town Supervisor, as Chairman of Town Board meetings in a manner not inconsistent with Robert's Rules of Order which has been adopted by the Town Board as parliamentary procedure for Town Board meetings, and Whereas, this change in procedure is not intended to circumvent nor diminish the responsibilities of the Town Supervisor to perform his duties as chief elected administrator of the Town...) Agreed to amended resolution Councilman Tuner and Councilman Boor RESOLUTION AUTHORIZING TOWN BOARD MEMBERS TO PLACE RESOLUTIONS OR DISCUSSION ITEMS ON TOWN BOARD REGULAR OR SPECIAL MEETING AGENDAS RESOLUTION NO.: 54,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the pre-printed agenda of Town Board meetings is a key component to full and honest communication with the public about issues to be discussed and therefore a critical element to the practice of open government and respecting the public's "right to know," and WHEREAS, the pre-printed agenda of Town Board meetings is also a key component to full and honest communication with all other Town Board members about issues to be discussed, and therefore a critical element to the practice of responsible government and respecting each member's right to be informed and prepared to act, and WHEREAS, from time to time members of the Queensbury Town Board wish to contribute Resolutions or discussion items to the Town Board's printed agendas for Regular or Special Town Board meetings, and WHEREAS, the printed agenda promotes honest communication with the public about issues to be discussed at Town Board meetings, and WHEREAS, in accordance with Town Law ~63, a Town Board may determine its rules of procedure, and WHEREAS, the Town Board wishes to granting authorization to all Town Board members to contribute Resolutions or discussion items to the Town Board's printed agendas for Regular or Special Town Board meetings. NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby formally adopts, authorizes and directs implementation of procedures whereby all Town Board members may contribute Resolutions or discussion items to the agenda of any Regular or Special Town Board Meeting by submitting a full copy of the Resolution together with any applicable supporting data four business days in advance of the scheduled meeting to the Town Supervisor, or in his absence the Deputy Supervisor, who will serve as chairman of the meeting, and BE IT FURTHER, RESOLVED, that Resolutions so submitted will be included on the pre-printed agenda and may be excluded or removed from the agenda only upon the request of the Councilperson that originally submitted the Resolution, and BE IT FURTHER, RESOLVED, that Resolutions by Town Board members not submitted within the timeframe prescribed herein may be introduced from the floor during the portion of the meeting designated for the introduction of Resolutions by Town Board members from the floor, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to take any action necessary to implement this procedure and effectuate the terms of this Resolution. Duly adopted this 14th day of January, 2002, by the following vote: AYES Boor, Mr. Turner, Mr. Stec, Mr. Brewer Mr. Brower, Mr. NOES None ABSENT: None RESOLUTION ADDING "OSPREY VIEW" TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 55,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Osprey View" to its list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds "Osprey View" to its list of private driveways and roads in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying "Osprey View," and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. Duly adopted this 14th day of January, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT:None RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.:56, 2002 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 2002 Town Budget as follows: ELECTIONS: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-1450-4156 (Temp. Pers. Serv.) $ 1,700. 01-1990-4400 (Contingency) 01-1450-2001 (Equipment) $ 8,985. Duly adopted this 14th day of January, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION CONSENTING TO LEAD AGENCY DESIGNATION AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR APPLICANT HOME DEPOT U.S.A., INC. TO PLANNING BOARD RESOLUTION NO. 57,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Home Depot U.S.A., Inc., has submitted an application to the Queensbury Town Clerk's Office for rezoning of a parcel of property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, and WHEREAS, the Town Board understands that the reason for this rezoning request is to allow for the construction of a Home Improvement Store and associated upgrading of Northway Plaza, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for its advisory report and recommendation: APPLICATION OF Home Depot U.S.A., Inc. TAX MAP NO.: 72-7-3 LOCATION OF PROPERTY Montray Road, Queensbury APPLICATION FOR Rezoning of parcel currently zoned Single Family Residential - One Acre (SFR-IA) to Plaza Commercial- One Acre (PC-IA) and BE IT FURTHER, RESOLVED, that the Town Board hereby consents to the Planning Board acting as Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencies. Duly adopted this 14th day of January, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AWARDING BID FOR LIGHT SODA ASH FOR USE AT TOWN WATER TREATMENT PLANT RESOLUTION NO. 58, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Purchasing Agent duly advertised for bids for light soda ash in accordance with Water Department Bid Specification No.: 01-15, and WHEREAS, the Purchasing Agent and Water Superintendent have reviewed the bids and have recommended that the Town award the bid for light soda ash to Astro Chemicals, the only and therefore lowest bidder meeting all requirements specified in Bid Specification No.: 01-15, for the price of $ 0.1158 per pound delivered for approximately 100 tons of light soda ash, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for light soda ash to Astro Chemicals for the amount of $ 0.1158 per pound delivered for approximately 100 tons of light soda ash, with payment to be from the appropriate Water Department Account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Purchasing Agent and/or Water Superintendent to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 14th day of January, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR MOBILE CATCH BASIN HIGH VELOCITY COMBINATION SEWER CLEANER FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 59,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury Highway Superintendent wishes to advertise for bids for the purchase of one (1) new and unused Mobile Catch Basin High Velocity Combination Sewer Cleaner as delineated in a copy of the specifications presented at this meeting, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for one (1) new and unused Mobile Catch Basin High Velocity Combination Sewer Cleaner for the Town Highway Department in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 14th day of January, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF FIRE TRUCK FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 60, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town Highway Superintendent has advised the Town Board that he wishes to purchase one (1) 1976 Pumper/Tanker Fire Truck from the Queensbury Central Volunteer Fire Company, Inc., for the amount of $5,500, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent's purchase of one (1) 1976 Pumper/Tanker Fire Truck from the Queensbury Central Volunteer Fire Company, Inc., for an amount not to exceed $5,500 to be paid for from the Heavy Equipment Account 04- 5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Town Comptroller and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 14th day of January, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #131 - MEADOWBROOK ROAD PUMP STATION UPGRADE RESOLUTION NO.: 61, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to establish a Capital Project Fund to fund a necessary upgrade to the Town's wastewater system at the Meadowbrook Road Pump Station, and WHEREAS, the total Project cost is estimated to be $183,250 and therefore the Town Board wishes to appropriately establish a Capital Project Fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the "Meadowbrook Road Pump Station Upgrade Capital Project Fund #131," which Fund will establish funding for expenses associated with an upgrade of the Town's wastewater system at the Meadowbrook Road Pump Station, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be by a Year 2001 Town Budget adjustment, transferring $183,250 from Capital Construction Account No.: 032-8120-2899 to Transfer to Capital Project Account No.: 032-9950- 9000, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #131 in the amount of $183,250, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Comptroller's Office to amend the 2001 Town Budget, make any 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 14th day of January, 2002 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CUSACK AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT TOWN OF QUEENSBURY'S FINANCIAL STATEMENTS FOR FISCAL YEAR ENDING DECEMBER 31,2001 RESOLUTION NO.: 62,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 444.2000, the Queensbury Town Board authorized engagement of the services of Cusack and Company, CPA's (Cusack) to audit the Town of Queensbury's financial statements for the fiscal year ending December 31, 2000 and provide accounting advice to the Town throughout 2001, and WHEREAS, the Town Comptroller has been pleased with the services of Cusack and wishes to continue engagement of its services, and WHEREAS, Cusack has offered to audit the Town's financial statements for the fiscal year ending December 31,2001 at a cost not to exceed $13,400 as more specifically set forth in its letter dated December 7th, 2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes continuation of the auditing services of Cusack and Company, CPA's to provide auditing services to the Town of Queensbury for the year ending December 31, 2001 and provide accounting advice to the Town throughout 2002 for an amount not to exceed $13,400 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 Town Comptroller to sign any documentation and take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 14th day of January, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF INDUSTRIAL EQUIPMENT & ENGINEERING COMPANY TO REPAIR CREMATION UNIT AT PINE VIEW CEMETERY RESOLUTION NO.: 63,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury Cemetery Superintendent has advised that the cremation unit at the Pine View Cemetery is in need of repair, and WHEREAS, the Cemetery Superintendent has recommended that the Town Board engage the services of Industrial Equipment & Engineering Company to repair the cremation unit as delineated in the October 17, 2001 proposal presented at this meeting for an amount not to exceed $5,745, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Industrial Equipment & Engineering Company to repair the cremation unit at the Pine View Cemetery for an amount not to exceed $5,745, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to transfer funds in the amounts of $2500 from 002-8810-4800 Equipment Repairs - Service and Supplies, and $3245 from 002-8810-2899 Misc. Capital Construction to Account No: 002- 8810-4070-11- 11 Building Repairs, Service & Supplies, to pay for these services, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent, Town Comptroller and/or Town Supervisor to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 14th day of January, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING DIRECTOR OF BUILDING AND CODES ENFORCEMENT TO ATTEND 2002 ANNUAL ASSOCIATION OF TOWNS CONFERENCE RESOLUTION NO.: 64,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 6,2002 the Queensbury Town Board authorized certain municipal officials to attend the annual New York State Association of Towns Conference to be held in New York City from February 17th through February 20th, 2002, and WHEREAS, the Town Board wishes to add the Director of Building and Codes Enforcement to the list of municipal officials authorized to attend the Conference, NOW, THEREFORE, BE IT RESOLVED, the Queensbury Town Board hereby authorizes the Director of Building and Codes Enforcement to attend the annual Association of Towns Conference to be held in New York City from February 17th through February 20th, 2002, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred by the Director of Building and Codes Enforcement at the Association of Towns Conference shall be deemed proper Town charges. Duly adopted this 14th day of January, 2002, by the following vote: AYES : Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None None ABSENT: RESOLUTION AUTHORIZING REVISED AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SYMPHONY ORCHESTRA, INC. RESOLUTION NO.: 65,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION WITHDRAWN MOTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Glens Falls Symphony Orchestra, Inc., (Symphony) helps to promote the cultural development of the community, attracts many persons to the Queensbury area and provides an economic boon to the community, and WHEREAS, by Resolution No.: 24,2002, the Town Board authorized an Agreement with the Symphony for the year 2002, and WHEREAS, the Town Board wishes to slightly modify the Agreement authorized by Resolution No.: 24,2002, and WHEREAS, a copy of the revised Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the revised Agreement between the Town of Queensbury and the Glens Falls Symphony Orchestra, Inc., as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town Account. Duly adopted this 14th day of January, 2002, by the following vote: AYES NOES ABSENT Discussion held: Comptroller Hess-When the contract was written it was written in that the Queensbury Residents would have free admission for this indoor symphony performance when they got the contract Bob Rosoff called and said that really wasn't the agreement. When there are outdoor ones they get free but this is indoor and they could not police that. Board agree to pull the resolution for further review agreed to by Councilman Boor and Councilman Turner. RESOLUTION AUTHORIZING PROMOTION OF MICHAEL TROMBLEY FROM TREATMENT PLANT MAINTENANCE TECHNICIAN TO INSTRUMENT TECHNICIAN AT TOWN WATER TREATMENT PLANT RESOLUTION NO. 65, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Water Superintendent has recommended that the Town Board authorize the provisional promotion of Michael Trombley from Treatment Plant Maintenance Technician to Instrument Technician at the Town Water Treatment Plant, and WHEREAS, the Town Board agrees with this recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Michael Trombley from Treatment Plant Maintenance Technician to Instrument Technician at the Town Water Treatment Plant on a provisional basis until such time as Mr. Trombley passes the Civil Service exam for the position, effective January 15th, 2002 at the rate of pay specified in the Town's CSEA Union Agreement for the position for the year 2002, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 14th day of January, 2002 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None Discussion held: Councilman Brewer-Questioned if he was being replaced? WaterlWastewater Supt. VanDusen-No. We do not have both positions it would be one or the other. RESOLUTION AUTHORIZING HIRING OF CHRISTINE GERMAIN AS FULL-TIME, SECOND- SHIFT CLEANER FOR BUILDING & GROUNDS DEPARTMENT RESOLUTION NO. 66, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury's Facilities Manager has advised the Town Board that there is a vacant full-time, second-shift Cleaner position in the Building & Grounds Department, and WHEREAS, the Facilities Manager posted availability for the vacant position, reviewed resumes, applications, interviewed interested candidates and has made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Facilities Manager to hire Christine Germain as a full-time, second-shift Cleaner beginning January 15th, 2002 and subject to an eight (8) month probationary period, and BE IT FURTHER, RESOLVED, that Ms. Germain shall be paid the hourly rate for the position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Facilities Manager and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 14th day of January, 2002 by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION APPOINTING STEVEN SMITH AS DEPUTY FIRE MARSHAL ON PERMANENT BASIS RESOLUTION NO. 67,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 252,2000 the Queensbury Town Board appointed Steven Smith to the full-time position of Deputy Fire Marshal on a provisional basis until such time as Mr. Smith passed the Civil Service exam for the position and also subject to a six (6) month probation period, and WHEREAS, the Fire Marshal has advised the Town Board that Mr. Smith placed first on the Warren County Civil Service exam, successfully completed the six (6) months probation period and therefore has recommended that the Town Board appoint Mr. Smith on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Steven Smith to the position of Deputy Fire Marshal on a permanent basis, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Fire Marshall and/or Town Comptroller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 14th day of January, 2002 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION RE-APPOINTING ROBERT EDWARDS TO TOWN CEMETERY COMMISSION RESOLUTION NO. 68, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and WHEREAS, the term of Cemetery Commission member Robert Edwards recently expired and the Town Board wishes to re-appoint Mr. Edwards to the Commission for another three year term, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Robert Edwards to serve as a member of the Town of Queensbury Cemetery Commission until such term expires on December 31st, 2004. Duly adopted this 14th day of January, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING REALIGNMENT OF BOUNDARIES FOR TOWN OF QUEENSBURY ELECTION DISTRICTS RESOLUTION NO. 69, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, as a result of increased population growth within the Town of Queensbury the Town Board wishes to realign the Town's election district boundaries in accordance with New York State Election Law ~4-100, and WHEREAS, copies of the descriptions and maps of the election districts as proposed to be realigned have been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and designates the realignment of the Town of Queensbury's election district boundaries as delineated on the descriptions and maps presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a certified copy of this Resolution along with copies of the new election district descriptions and maps presented at this meeting to the Warren County Board of Elections and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 14th day of January, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None 8.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE 9.0 TOWN BOARD DISCUSSIONS Supervisor Brower-Requested an executive session to discuss contractual matter and discuss a litigation matter. Councilman Brewer-Questioned an upcoming Special Town Board Meeting Wednesday? Supervisor Brower-Upcoming issue Insurance premiums.. . after discussion workshop to be held on Tuesday January 22nd. at 7:00 P.M. Councilman Stec-Discussed Speed Wagon on West Mountain Road Supervisor Brower-Noted he had talked to the Sheriff. Noted Bill Remington did talk to me about a lower speed limit on West Mountain Road... Councilman Stec-Noted he will speak to the Sheriffs Dept. regarding the accident rates on that road. Councilman Brewer-Asked to have the status of the speed limit on Big Bay Road.. 10.0 ATTORNEY MATTER Town Counsel Hafner-Today we did get a revised agreement with the City of Glens Falls regarding Sewer Contract. . . noted it has not been reviewed as of yet. ... will be getting copies to the Town Board. Community Development Director Round-Noted there will be a public hearing on January 24th, 2002 at 7:00 P.M. - Proposed Queensbury Zoning Ordinance. Councilman Boor-Are they changing the zoning on the three acre as far as mining? Director Round-RR3 Ac. And LC zones will no longer allow for sand and gravel extraction. Councilman Stec-Noted that will not have an impact on this particular project. Director Round-Noted that there is an application for sand and gravel extraction site on Bay and Moon Hill and if an application is found compete and you adopt a new law the application would be grand- fathered and heard on the merits of the existing ordinance. . . you have to play by the rules in front of you... Town Counsel Hafner-You have to use the rules that were in existence at that the time the application was found complete. Councilman Boor-Do you happen to know the intent of the original zoning law, was it for commercial or was it for mining with the intent to create pads to build houses on? Director Round-Sand and gravel is a commodity that is needed for construction within any community, where sand and gravel resources are, are where the RR3 Acre Zones are so they allow sand and gravel extraction in those. Sand and gravel extraction in mining enjoys special privileges in the history of land use regulations in New York State and throughout the country, it is an industry that has seen special acknowledgement in land use regulations and statutory authority. Councilman Boor-That is how it was worded, extraction? Director Round-Yea, that is a term when you remove something Councilman Boor-As opposed to moving it around, you take it away, extraction is to take it away. Director Round-Remove, in this case we are talking about removing sand from the site. Councilman Boor-Not moving 200,000 yards to create a flat thing to build on but for actually removing it. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 70,2002 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 calls for an executive session to discuss a contractual matter and litigation matter. Duly adopted this 14th day of January, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION ADJOURING EXECUTIVE AND REGULAR SESSION RESOLUTION NO. 71,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Dennis Brower RESOLVED, that the Town Board hereby adjourns it Executive Session and Regular Town Board Meeting. Duly adopted this 14th day of January, 2002 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury