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2007-04-02 MTG12 301 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 TOWN BOARD MEETING MTG. #12 APRIL 2, 2007 RES. 152-169 7:00 p.m. BOH 2-3 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT BLANCHE ALTER FISCAL MANAGER BARBARA TIERNEY PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BOOR RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 152,2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. nd Duly adopted this 2. day of April, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF HAROLD JOHN O’CONNOR RESOLUTION NO.: 2, 2007 BOH INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford 302 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Harold John O’Connor has applied to the Local Board of Health for variances from Chapter 136 to install: 1.an absorption system 110.2’ from applicant’s well instead of the required 200’ setback; 2.an absorption system 110.7’ from neighbor’s well instead of the required 200’ setback; 3.an absorption system 100’ from neighbor’s well instead of the required 200’ setback; 4.an absorption system 185’ from neighbor’s well instead of the required 200’ setback; and 5.a septic tank 5.3’ from the foundation wall instead of the required 10’ setback; on property located at 40 Reardon Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, April 16, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Harold John O’Connor’s sewage disposal variance application concerning property located at 40 Reardon Road in the Town of Queensbury (Tax Map No.: 289.7-1-24) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 303 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 3,2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Qeensbury Board of Health is hereby adjourned. nd Duly adopted this 2 day of April, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 2.0HEARING 2.1 Application For Variance/Waiver From Keith Crist – 1025 State Route 9 Supervisor Stec-This is the A 2000 property on State Route 9 and we have done several of these before and basically there is a Route 9 Sewer District that this property is a member of and is paying as a member of. This would for construction reasons that are going to occur on the property later this summer and fall this is seeking a one year postponement in the actual tie in. Again, there is fiscal or financial reason not to there is no financial advantage in granting this, this is really more of a convenience thing for the applicant we have done several of these before. Do you have anything you would like to add Mr. Crist? Mr. Keith Crist-It was our intention really when we were working on our final project with the fifth storage building when we have the equipment there at that point doing the site work, we planned to do the sewer at that point which will probably be some time, a little later than summer more into the fall months. Supervisor Stec-This would give you a one year extension from today, April nd 2 2008, that should be enough time? Mr. Crist-That would be fine I appreciate that. Supervisor Stec-Any comments or questions from the Board? (No one spoke) Closed the hearing. RESOLUTION APPROVING KEITH CRIST’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER 304 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1025 STATE ROUTE 9 RESOLUTION NO.: 153, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Keith Crist submitted his first application to the Town Board for a § variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect the “A 2000” property located at 1025 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that in the fall of 2007 there will be excavation at the site for construction of a fifth and final storage building and therefore, there will be equipment on site at that time for construction of the storage building and for connection to the Sewer District, and the existing on-site sewage disposal system consists of a working septic tank, as more fully set forth in the Applicant’s application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on nd Monday, April 2, 2007, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and 305 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 BE IT FURTHER, RESOLVED, that the Town Board hereby approves Keith Crist’s application for a § variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers nd required” and grants a one year extension of time or until April 2, 2008 in which to connect the “A 2000” property located at 1025 State Route 9, Queensbury (Tax Map No.: 296.13-1-24) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of April, 2007 by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None 3.0CORRESPONDENCE NONE 4.0INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 5.0PRIVILEGE OF THE FLOOR Mr. Keith Crist-I am a business person as well as resident of Queensbury, noted at his business he was solicited for a clothing boxes from an out of area concern, noted that there are currently clothing boxes for the benefit of Prospect School a local school. Requested that the town look into this, the out of area orange boxes are an eye sore to the community. Supervisor Stec-Requested that Mr. Crist turn over the flyer regarding this to the Director of Community Development so that they may look into this. Mr. James Neal Schoonover-Lets have a Fire District Debate. I am a retired school teacher of twenty four years with a bachelor’s degree in education; I am a self employed stone mason and log home builder. I have been a 306 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 volunteer fire fighter in North Queensbury for a last fifty three years, fifty eight if you count the five years as a junior fire fighter. I was there in 1948 when the fire companies were formed and chartered by the State of New York. I have taken just about all of the fire and rescue schools that have been given by local, county and state governments over the past fifty years. That is thirty state courses, and over thirty local with over two thousand hours and that does not include drills on Thursday nights. So, I believe that I qualify as very knowledgeable about the fire service, especially in the North Queensbury Fire area. Records show that I am active in over ninety percent of all calls in our area. It really gets me angry that some members of the Town Board think that they have paid off the debts of North Queensbury Volunteer Fire Company. We are a company chartered by the State of New York and sign an independent contract with the Town to provide a fire and rescue service to the Town for a certain amount of money. We, not the Town are the ones that paid off the debts and we have done an exceptional job of doing just that. The eight page letter by Mr. John Strough is filled with half truths and false innuendoes that make it look like the fire companies in the Town do not know what they are doing. When the truth is known it is some members of the Town Board that have no knowledge of what is needed in the fire service. Thinks worked a lot better before the Town Board got involved. By the way, where were you Wednesday night through Thursday morning when the five fire companies in the Town of Queensbury worked extremely well together in stopping a major fire at the John Burke Apartments. I believe they showed that they are extremely qualified in personnel doing a superb job. Apparently you do not even know about the 911 dispatch system that is a central dispatchfor not only the Town but also mutual aid with the County and State. You also think that we do not have qualified personnel commanding our operations. It takes eighteen weeks, seventy eight hours of essentials of firemen ship just to be a basic fire fighter, plus other schools of incident command and officer fire training to become a chief or assistant chief that commands the operations on an emergency scene. How can you say these people are not fully qualified? You say we need standardization of equipment and greater assurance that it would be interchangeable; apparently you do not know about the NFPA, National Fire Protection Association standards that make it mandatory that equipment is standardized and interchangeable. For your information this set of NFPA standards is as large as a set on encyclopedias. Central training why don’t you attend just one of the schools fire fighters have to attend to be qualified so you know that we all attend centralized training sessions. You say if it is not broken why fix it? I say it is broken and it needs to be fixed. You say you elect a Town Board to represent you why add another layer of bureaucracy. I say a fire district would not add another layer it would replace one that is not working with one that would be elected by the people of that area it represents and it would give control to the people that pay taxes in that area. Thank you very much. Mr. Darwin DeLappa-61 Seelye Road I do not serve on the fire district or for the fire company. I am not very well versed in municipal law and admittedly do not fully understand the complexity of your jobs as our representatives, however as a public servant myself as one of your constituents I expect to be treated honestly, fairly and with dignity. I resent receiving no response in written letters to Town Officials being accused of lying by your hired guns during tax assessment reviews and lectured to by 307 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 the Chair of the Tax Assessment Review Board. Basically saying he was tired of hearing the lake people whining and that they have to pay their fair share. To dismiss any town resident much less a group who is reaching out for help is disgraceful. I realize that the State Tax laws require certain mandates from the Town but you could help by being open and develop alternatives within your control that are more representative to the different areas of the Town such as fire districts. The comments from some of the Town Board Members that summarily dismiss citizens requests to review the establishment of a North Queensbury Fire District without debate or full review of all the facts is sovranty at its finest and it should not be tolerated by town residents. Unless I have been misinformed three percent of Town residents are paying for twenty four percent of the town tax burden. Some people proclaim that there has been no town tax because we use sales tax revenues therefore why complain? Ultimately three percent are still paying for twenty four percent of everything. Let us not forget thelibrary, school, county fire and ems taxes on top of it. Arguments have been heard that we in North Queensbury did not generate that sales tax and it would be fair if distributed to the areas where it came in or distributed as it is currently done for the whole town. Because those residents have to put up with noise and traffic and whatnot that North Queensbury does not. But, again unless I have been misinformed the State Sales Tax is distributed by property tax values. The Town has established assessments for three percent of the residents that pay twenty four percent of the taxes, therefore is there not some logic that those same residents are actually generating twenty four percent of the sales tax refund and should be entitled to a larger rate fund for the services compensate closer to the twenty four percent. After all using the same argument that I have heard I have to enjoy my million dollar view and privacy during 6 AM to 8 AM in the morning on summer weekends an after that I have to put up with the boat traffic, jet skies noise and rude fishermen throwing lures into my boats and docks. We all have annoyances in life which I do not feel should drive financial fairness. The library, fire, ems are prime examples of the current taxation system and why I think it is unfair. For example when the tax bill comes due we will have to pay two hundred to three hundred dollars more for that and it is a service that we rarely use because it is inconvenient there has been some rumor it could be as much as a thousand dollars. But, we have always supported it in the past but I think that is starting to become too much of a tax. The tax for fighting a fire, or picking up a sick person also seems to be bias if based upon property values itself after all these services are for buildings or people rarely for land property upon which so much of the taxable value is placed, especially for lake residents. Perhaps a per house charge rather than a property value would be a more fair basis. However, in any case it is for people far smarter than me to determine a real solution, but we must start, the fire district seems like good first step in the process to me. I realize that our property tax system is probably antiquated and inherently unfair, we have to reach out to State government for real and meaningful tax reform. But, you in Town Government could be conduit for that reform and help us the citizens by allowing local control and management of items within your purview such as fire districts. Admittedly some people owning lake front property or other nice homes are wealthy and excessive property taxes do not gravely affect them. But, the current tax situation is painful to me other working class families like me or many other retired residents in the area who have sold or are in the process of selling their homes, many of which 308 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 are being purchased by out of towners out of state-rs for second, third and fourth homes. We purchased our homes in 1990 for roughly thirty three percent of the current assessed value. My earned income has increased by seventy eight percent over that time period while our property taxes have increased by a hundred and seventy four percent. I considered retiring this year but I now have second thoughts. Since property taxes and school taxes would be twenty six percent of my retirement income I am concerned about what Queensbury may do in the future. Please give the fire district and any suggestions for lowering or controlling taxes an honest, heartfelt and open public review. Councilman Sanford-Before you go, just to set the record straight, you have been advocating for a public hearing so that we can decide whether or not to move forward with a fire district. I have been beating on the drum to give you such a public hearing so has the rest of this Town Board has been cooperating in that regard, but we never have the public hearing. Instead we have people coming to the meetings every couple of weeks talking, writing letters to the paper, but every time I have a workshop meeting or I have a chance to talk to your leadership at your fire department, I say lets get it on, lets do the public hearing, lets get it all out there and lets do this. Now, I just got a memo sent to the Town Board from Mr. Davies saying our lawyer cannot make it for awhile and we probably can’t do it this month, not likely, maybe it will be early June before we can do it. So, you talked about whether or not you were properly informed. The procrastinators in this situation, the people who are delaying this process is your own fire company who is not moving properly. I wanted to set the public hearing tonight to have it later this month, ok, maybe it is because Behan Communication who is being paid for by who knows who, the fire company but probably with our tax dollars is sizing it up that it is not looking too good to get past and approved so maybe they would prefer to have an option to have a public hearing whenever they see it fit to have the public hearing instead of doing it in a timely and proper manner. My feeling is that I rather not grant an option I would rather just set the public hearing and have the hearing so you can all speak what you want to say rather than do it again, because you will all be back when the public hearing is finally set. I think it is poor politics on the fire companies part to stall on this and not move to the public hearing where we can air this in a comprehensive manner like they have been saying they want to do and what I have been saying I want to have happen. I was very disappointed in Mr. Davies letter of this week, are you aware of that? Mr. DeLappa-I am not. Councilman Sanford-The lawyer cannot make it so there is a lawyer involved, he is getting paid big bucks, Behan Communications is there working with you people doing power point presentations, public relations campaigns, writing letters and guest essays and that is all being paid for presumably with tax dollars too. Lets get it on lets get this thing overwith. Mr. DeLappa-First off, before I go on, I did not come here to debate, I thought I had a chance to read a statement I did not realize it was going to be a debate and back and forth. I am not a member of the North Queensbury Fire Department I do not know the internal workings of the fire department I have no clue. I am upset about the tax situation and I just feel that, that 309 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 could help us. I am not looking to avoid paying my fair share of taxes rather I am lobbying only to pay my fair share. That is the bottom line, that is why I wanted to speak and again I did not come to debate but I think a debate is necessary with the proper folks in attendance. Mr. Dan Davies-Assistance Chief from North Queensbury, just to address Richard’s statements. We did meet with the Town Board last Monday at a workshop meeting, we had, had communication back and forth between us and the Town Board and it was apparent that the Town’s Attorney wanted some additional information. We contacted the Town Attorney last week right after the meeting with them, he faxed us up some information forwarded it to our Attorney but also have been down here to the Town recently and basically what it means, we need a per parcel direct value on assessment. We are working through that, I met with your Town Planner today and with the Town Assessor’s Office, George Hilton we are going to have a definitive number exactly how the State wants it, how you people want it. You have put some issues that in regards to the SEQRA form using the short or long form. All of the fire district conversions in the State have used the short form this Town Board for some reason wants to go to the long form process. There have been some issues in talking to the Attorneys why are you doing this? Talking to the State Attorney General’s Office and the State Comptroller’s Office asking why this Town Board wants that when it has never been done in the State before. Those are the issues, we are moving and using do diligence to get what this Town Board has asked completed so that we can set a Town Board meeting at when ever that information is complete, period. Councilman Brewer-Can I ask you one question, you said you were getting a definitive per parcel list for us? Assistant Chief Davies-What the Town Attorney asked for is the town assessment or the assessment based on the map that we had drawn so that means basically counting every parcel coming up with the assessed value and then we have to back out all the tax exempt stuff. We had given you general numbers before we are going to be dead on to the parcel so that you have a very definitive number. The fire department also talking today we are going to give a five year basically business plan on how we feel this district would affect our taxpayers, and what the cost will be over the five years taking into account workmen’s comp., a five year capital plan and budget projections. Mr. John Matthews-18 Cedar Point, Route 9L Lake George, North Queensbury I am not a member of the fire department, I was a member of the rescue squad many years ago. I am very much appreciative of what the response and what we get from our volunteer fire fighters in the whole town. I own some very valuable property in many areas of the Town in probably three of the fire districts. I think that this is an avenue that should be ventured into in all of the fire districts. I think it would relieve a lot of the Town Boards work and not having to work so hard at budgeting and whatnot, let the fire departments take care of themselves and I think it has been proven throughout the State in all the other towns that have fire districts that it works quite well. So, thank you for your time. 310 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 Mr. Dave Wilcox-Forest Road, Assembly Point I have not been here as long as others I only moved here summers in 1992, I winter in Colony where fire departments and fire protection districts co-exist. I was dismayed to discover through just various newspaper articles that there appeared to be animosity between the parties and I could not figure out why? Listening tonight I guess I am understanding a little of it. Money is an issue but there is a lot more to this than just money. Leadership, expertise the Board has the benefit for many of the subjects that come before it of the expertise of staff from the Town, obtaining advice or from Counsel. Managing fire departments is perhaps something that is outside of the purview of the expertise of many of the Board Members. It is also something where the only advice is going to come from your vendor. You would not be going to a car dealership and asking them for the advice on how to vote, you would go to your building and maintenance people to ask for advice. The same thing exists here. I understand that one proposal that was floated would be a Town wide fire district, the proposal is for volunteers to be the managers of these fire districts, to expect a hand full of managers to manage all five of the fire districts in the town to me sounds unrealistic to expect that, that can happen, and therefore suggest that it makes more sense to have multiple fire districts and or maintain the fire protection districts if there are certain areas of the town that wish not to change. So, in conclusion I see this no different from the Board of Education helping to keep my school district taxes in Lake George down that people who know and are accountable directly to us neighbors are going to be a lot more likely to help keep the taxes down than someone who is away from me. The final thought is I am in Ward I I get to vote for Roger or for an opponent of Roger’s at the election. It is a multi issue decision that I have to make. When it comes to Board Members when it comes to people managing fire districts then it is a single issue and it is a much cleaner decision. The person is either going to or not support what I believe to be the ideal for the operation of that district. So, I would hope that we would be able to get beyond what appears to be some animosities and hopefully be able to move forward with this. Thank you. Councilman Sanford-Before you leave, very good points and I appreciate your point on critical mass. In other words you suspect that perhaps that one town wide fire district might be too large in order to be easily managed. I do not necessarily disagree with you that is one of the things I think that Mr. Strough is saying that we need to debate and to explore. Let me leave you with this parting thought. When is there not enough critical mass, when is the scale economy too small, when is a community such as North Queensbury with very few people constitute too small of an entity to properly become a fire district and realize the scale economies and those types of benefits that a larger unit would enjoy. Think about it and do some arithmetic and you might find that it is rather problematic for a very small number of people in a specific geographical area to be able to pull it off in a way that is financially beneficial to the people they are serving as well as to the town. Mr. Wilcox-I have a question for clarification, are you implying that there is not a critical mass enough perhaps of people to provide this service is that what you meant? 311 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 Councilman Sanford-That and much more, what I am suggesting is you are going to be electing theoretically five commissioners, take a look at what your voting population is up there then subtract the people who perhaps residences other than up in North Queensbury because perhaps they have places in Florida and there is no State Tax in Florida so a lot of people from this area do that. A lot of people summer up in Lake George and have a residence that needs protection, but they do not have their voter registration up there. So, pear it all down and figure out how many people you are going to actually have casting votes and you are going to be electing five fire commissioners is the system of democracy going to work with that few of numbers? Are you going to have theoretically an election for these five commissioners and see all of a hundred and fifty votes cast? If so, is that real choice? Mr. Wilcox-I guess I understand your point and I am not sure that it is much different at the Town level. Ward I is a bit larger than what you are describing but I am not sure that I would necessarily conclude what you are saying. Councilman Sanford-These are the reasons why we need to have the public hearing, so all of these issues can be discussed both ways. Mr. Bernard Rahill-Wincrest Drive The whole is the sum of its parts, the whole of Queensbury is the Town of Queensbury, the sum of the whole is four wards in Queensbury together and as I have explained to you before Aristotle said the most important job in the World is the politician. The person who makes the moral decisions as to what the doctors do, the lawyers do, the businessmen do, the fire fighters do, the sanitation engineers do for the benefit of the community. This is our community and so therefore I hope that you will make a judicious decision as to what the whole of Queensbury is and what the sum of its parts are. Thank you, Gentlemen. Mr. Ed Baertschi-90 Assembly Point, Lake George, N.Y. I did not realize until earlier in the evening this meeting and I didn’t sit down and I didn’t write a bunch of notes. I am here and what I observed really upsets me. Mr. Sanford says, well we have got public relations and we have lawyers and we have this and we have that from North Queensbury and its tax money, from the Town that is paying for this. It is private funds, it hasn’t got a dime in it that comes from tax money. I see he is smiling Councilman Sanford-I am not smiling. Mr. Baertschi-Yes, you are, then change the look on your face. My argument is this, I have been out of State here last fall in another State, talked with people there who had fire districts and I asked them questions and they do not oppose it, it works. Their fire companies get what they need. Fire Districts are good due to the fact number one if you have five commissioners and there is five of you there, each one of you get on one of the districts so you can see how it works. It is like Jim said, we didn’t see any of you here at the fire. Go to one of those and watch and see how professional your fire companies which are volunteers are in this town. Now, commissioners which are elected by the district these people are going to say, ok, to the fire companies, you have got a budget lets see what it is, if 312 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 it is way out of whack they are going to investigate and say why is this all of a sudden a fifty thousand or a hundred thousand dollar more then what is needed? From what I understand and I might be a hundred percent wrong, did any of you when you saw the budgets from all the other companies, say, hey, why is this so much, investigate why. Supervisor Stec-Yes. Mr. Baertschi-You did, you took each one and said ok, why is this big lump sum of money and say what is the reason for this? Councilman Boor-Yes. Mr. Baertschi-You did, ok, fine, that answers that question. But I see these budgets and I cannot believe why they are so way out of whack? We try in North Queensbury, try to hold it down as much as we can. Now, what the other companies, the reason for the other companies what they are doing I have no idea. It is not my business. But, with fire districts the way you have commissioners that are going to sit there and say ok, that budget is reasonable, fine, or if it is not reasonable tell us why, show us why. I think that is what is needed to be done. You guys got a lot of work, in regards to running the Town and to me I would think myself that it would be less of a burden if it was broken down into districts where these men are responsible. Now, again as far as overall one district it isn’t working. For the monies that come out of North Queensbury and Mr. Sanford said well it is a very small population, that is possible, but I think from what I understand that the population of West Glens Falls is smaller than what is up there. Now, you have got people that can’t Councilman Sanford-West Glens Falls is our largest populated Ward it is typically almost twice the size of any of the other Wards, it is Councilman Brewer-Then any two combined. Councilman Boor-It is actually at the threshold where it should be divided into two. Councilman Sanford-You are just way off on that number. Mr. Baertschi-I will look into that, further in regard to that. But, we are looking up there and we are seeing people who have moved up there, have no voice in regards to the monies how it is being spent. They own homes in Florida or New York or New York City or where ever the case may be and from what I understand and I maybe wrong in regard to this. If they become fire districts they have a voice in regard to how that money is spent in that district, am I correct? Councilman Boor-No. Not if they are registered in Florida. Unfortunately Ed when people reach retirement age their residence is set up in a State where the tax laws are most beneficial for the elderly, so Florida is a wonderful state to retire to and register to vote because when you do that you get tremendous tax benefits. 313 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 Councilman Sanford-You don’t pay State tax. Councilman Boor-So, that is the problem, is that as much as you think and there is legitimacy to the amount that you guys pay in fire tax that is peanuts to what they would pay if they were registered in New York relative to retiring in Florida. That is one of the dilemmas we are faced with. There is a tremendous benefit to retiring and registering in Florida. Councilman Sanford-Just one point before you leave. I do appreciate again the need for the debate because for every good point you made there is another counter point and you made the point about a district having perhaps a better understanding of being able to address the needs. And yet philosophically when I was studying this topic I think of a fire district and not too dissimilar of a way of a school district or a library district and yet if you take a look at the history how prudent have they been in controlling tax dollar expenditures? The same dynamic is at play we elect them solely and specifically to manage that particular topic or issue, either the school system or the library and I think if you were to track the trending cost of the school districts and the library and compare it to town you would see a major deviation where the Town has significantly lower rates of increase than these people who have been solely elected to look out for the best interests and manage that specific purpose. So, the argument of whether or not there is increased efficiencies with electing five commissioners to look out for those financial concerns is perhaps a misnomer. Perhaps it is not even true at all and I think it needs to be part and parcel of the debate that is why we need a public hearing. Thank you. Mr. Baertschi-I agree in regards to that, yes we need that public hearing but from what I understand there have been so many hurdles thrown in front of the fire company and you are accusing us saying ok, we are delaying it. We do not want to delay it but you are putting these hurdles in front which have to be taken care of. Councilman Sanford-I said I don’t want them to have to go to the petition route, lets grant them the public hearing, I have been dealing with this before I became on the Town Board. Before I served day one I was invited up in North Queensbury and they introduced this topic to me, that was back in 2005, I have been hearing nothing but this. It is time for everybody to get this public hearing established so that we can have a lengthy good dialog and conclude it. That is my point. Mr. Baertschi-We need to get it done, but again, every time we turn around there is something else that needs to be researched. Councilman Boor-Just so you know Ed and obviously it is a very emotional issue and when you get something like that people dig in an sometimes don’t, they are not as good a listener as they should be and I can include myself in that, but it is very important to understand that these are not hurdles that are being thrown out there just to make life miserable, it does need to get done right. The Attorney is essentially telling us here is what you need to do, we are not sitting up at night saying gees how can I throw another wrench in that that mechanism that is moving forward. That is not the case at all. I would love to have the public hearing and soon, and I think 314 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 everybody on this Board would like to do that so this isn’t some acrimonious endeavor where we want to make life miserable for people. I think everybody would like to have exactly what we are doing right now where you make a point I either agree with you or I have a counter point. We go right down the line, anybody and everybody that wants to come up to the microphone can express their opinion and we will either agree or disagree and it may last two or three sessions, in other words two or three meetings because enough people want to have the input and then we say yes or no, we give a thumbs up or thumbs down. But, by no means is this Board trying to make this a difficult issue, so we are just trying to make sure that we do it properly, so if it does go forward somebody is not going to challenge it and say hey man you didn’t wait your thirty days for the permissive referendum. There is a lot of stuff that has to get done and as far as the long and short form SEQRA I cannot speak if other communities have chosen the short form or not. I do not know what dynamics those communities were. Councilman Sanford-I was the one that wanted the long form more than anybody and I wanted the long form because I see this as a safety net a protection issue, that the affordability of a fundamental service that is needed by everybody in the community whether you are rich or you are poor is at stake here. I want to make sure at the end of that SEQRA review we are addressing the affordability and the ability for West Glens Falls and South Queensbury and other financially not as fortunate areas to be able to survive and prosper and provide that safety net of protection to their communities the same way you people are so proud that you have provided up at North Queensbury. I don’t want to look at it in a shallow way, I want to look at it in an in depth manner and we have that obligation, we have that right to go with the long form, both SEQRA’s theoretically cover the same ground it is just that the long form prompts the issues a little bit better by asking some of the questions that need to be answered. So, there is no apologies on that at all I think we want to do the right job with this. Mr. Baertschi-Each area has a tax rate that you generate their monies and one of the problems that I come up with is the fact that North Queensbury generates the greatest proportion of that tax the fire district can come out and say ok, but we only generate X number of dollars in that area, that is what we have got to work with, if and again maybe I am wrong in this, if it gets to the point where ok, your expenditures or your need or equipment or whatever the case may be exceeds what you are generating ok, you step in and say to the Town or whatever this is the situation. We in North Queensbury try to keep that budget down as much as we can. My argument is this why do we keep our budget down? We look up there and what we do, we do mountain rescue, we do water rescue, we do fire rescue, ems the whole nine yards, just a good example the boat the we have, it is really inadequate in regards to what is needed. With that mess that we had here last fall, where these people drown and we were very fortunate we did in our boat from what I understand one couple was saved and also they took two females dead aboard. But the boat is not big enough so there I think we are working with but we need a bigger boat. Councilman Boor-One other point I do not necessarily agree with a lot of what was in Councilmen Strough’s letter to the paper I do not, I can go either way with some of it but I think it is important to know and Peter 315 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 Frasier called me and had some questions in regard to, he was referring to it as Article 14 but it is actually Article 11 which addresses Fire Districts, Fire Protection Districts and one of the avenues if the Board were to go in a direction that Councilman Strough was referring to and that would be where the entire Town was one fire district, if you look at page 12 in Chapter 11 it says under that scenario that those five commissioners have the authority the right to set different taxing rates in the one district. So, under that scenario what is currently referred to as North Queensbury Fire Protection District could also be viewed as a district that requires needs and should be reduced with regards to what they pay for fire taxes. They might look at another area and say your taxes need to be increased because the majority of the calls are being done in this commercial corridor. This goes back to one of your initial statements and that had to do with, does the Town Board look at each one of these individual budgets and what is being required and North Q does, I am not going to say they do the best job because there are four other companies, but read between the lines. But, where I am going with this is that other companies do a lot more calls. If you look at Central it is unbelievable the number of call they do. So, you have to understand that there is a reason why some budgets are higher for other companies and West Glens Falls does a lot of calls. So, there is just reasons why certain companies require more expenditures and budgeting. We try to whittle them down as much as we can but the notion that just because we have four districts means that they should all get the same amount of money that would be kind of irresponsible also. Mr. Baertschi-I am not saying they should get the same amount of money. Councilman Boor-I know you are not, I am not trying to put words in your month there are some drastic differences in the number of runs and apparatus required in some areas as opposed to others. So, it is a complicated deal. Councilman Sanford-Before we conclude lets go back, you hit it on the hot button topic of the have and the have not’s and I have received a lot of negative press on those comments. Let me explain a little bit more what I am talking about. First of all in the fire district scenario the district is responsible for meeting their own needs and if North Q is carved out there is no one arguing the fact that the people up in North Q would pay less because on an assessed value so high it would be cheaper than what they are currently paying. However elsewhere rates would have to go up higher to compensate for the loss of the additional revenues that is now being spread town wide. The concern I have is that if it makes sense for North Queensbury from an economic model point of view to do this, it is only going to be a matter of months before the eight hundred pound gorilla Central comes in and says we want a fire district, because it has commercial corridors they have all the big box stores, they have assessed value like you won’t believe. They would also benefit greatly with a fire district vs part of being part of the fire protection district. So, they argue where you gave it to North how can you discriminate and not give us a fire district. So, now we carve out Central and they become a fire district and now we are left with West, South and Bay Ridge financially devastated. This is part and parcel of the have and the have not’s scenario that I have been talking about. We cannot allow it. We have to come together as a town and this is the 316 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 pluralistic manner upon which democracy is founded and to carve it out and you are right it has been very emotional to me it is reckless and inappropriate. We need to do what is right for the best interests of everyone in Queensbury not people in certain geographic areas because of financial implications because of their assessed value. I am sorry if we do not agree on it but I am the one that who has always showed up. Every time I have been asked to go up to North Queensbury and it is not my Ward, I have been there. It is not like I am hiding from you people and I have told you always exactly as how I felt about this. So, I do not appreciate the remarks that I am being cavalier in my approach I am taking this stuff very seriously. I just do not happen to agree with you. Councilman Brewer-I would add just one thing Mr. Baertschi and I do not mean this at you, it is for everybody, I do not think anybody up here on this Town Board doesn’t appreciate and respect the work that the fire fighters and the ems people do so the debate isn’t, that should be out of the equation. Certainly I was not at that fire I would be in the way. I honestly admit that. But, I just want you to know that we do respect and appreciate the work that the fire fighters and the ems people do. I just think that shouldn’t even be part of the debate because that just goes unsaid, that we do respect that, for me anyways. Mr. Baertschi-From what I hear in certain areas, in fact at the fire because I work with the fire police, remarks were coming out, well, you know look at these dumb bunnies, and I said to one guy, what do you mean dumb bunnies, well you guys are standing here at two o’clock in the morning or one o’clock in the morning and what are you doing, you are doing nothing. Well, we are doing something. Councilman Brewer-I would disagree with that statement that you are not doing anything. Councilman Boor-You know that is not the Town Board’s feeling. Mr. Baertschi-I am not saying the Town Board but what I am saying is there is a lot of people as a matter of fact I have even heard this from what a professional has said you guys are volunteers you don’t know what we know as professionals which is true in a sense. We are not fighting like the fire companies in New York City where they are working hard Councilman Boor-I do not know why somebody makes a remark like that to begin with. Mr. Baertschi-What I am trying to say is we need as far as the monies are concerned and being proportionately put out I agree to a certain extent but I feel that an area that is servicing a good majority of the Town and as Mr. Sanford said, if you gave Queensbury Central made it a district and you made North Queensbury a District the other three would be suffering. Well, just one more point and then I am going to get off my high horse here. Those companies have to look at their budget and say hey, you know, we are only generating so much money and we need to cut back. Just to give you a good example, Bay Ridge how many Chief cars do they have, two? Am I right I think they have two Chief cars, North Queensbury none. I use my 317 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 own vehicle to go to fire. The Chief uses his own vehicle to go to the fire we do not have extra vehicles. The machinery that is there is just specifically to fight fire, ok. That is just one point where it is a possibility to say, ok, we don’t need this so lets cut it out of our budget. Mr. Jeff Baertschi-19 Holly Lane, North Queensbury. In regard to Mr. Strough’s article in the paper, I do not know if that was any of the feeling or part of the feeling or what you guys feel on the Town Board. I would assume that you would all agree that if you were going to run fire companies you should all be educated on what we do. I would like to publicly invite each and everyone of you Thursday night the ice is going out in a couple of weeks, ice fisherman are still on the lake they are going to be falling through they do every year, I will publicly invite every one of you to come with us Thursday night we are doing ice rescue bring you swim trunks. I feel that you should be educated on what we do because I do not think you have any idea what our equipment is used for and what we do, please come up. Mr. Peter Brothers-I want to reiterate my support for the fire district having a hearing and these folks do go out of their way a lot, I can tell that from personal experience, I can vouch that these people do the greatest job and I did hear comments from a person yesterday in the Bay Ridge District, were saying something to the effect that these people up on North Queensbury don’t have the man power, I tend to disagree with that very strongly. They do have the manpower as I said before from personal experience I can vouch for anyone of these folks, they are there when we need them. I would like to see that continue and go to bat for their request. Noted a lot of discussion on open government, the dissemination of information should be available to people, with regard to open government and you have heard a lot about the library and someone on this Board lent the credit of Queensbury to the Glens Falls IDA and I am not sure that the whole Board had a discussion on this approval as far as it being necessary. We are all talking here about money as far as saving tax dollars, the library did not allow for specific information regarding the budget to be on the ballot. I believe Paul Dusek at the County had a role in this and it will not go any further than that and we will also mention with regard to library registrations I learn of several more people from Queensbury and in addition Moreau who no longer live in this area but are still considered residents and this needs to be addressed to make sure there is eruptible taxation especially with this new facility. Regarding Town Budget the general fund I believe the taxpayers are given an inaccurate picture and the general fund I believe has been drained down and we now will be facing tax increase because of the spending that is going on. An example of the spending Mr. Stec is the Board voting to give taxpayer dollars to non profit organizations, in addition we have a million dollar RFP approvals I understand to go for more recreation facilities. The spending has got to stop. There is a million dollar ladder truck for the Great Escape, another million dollar ladder truck for West Glens Falls and now we are looking at the library and social services building, when are we going to address fiscal responsibility. Mr. Peter Frasier-2444 Ridge Road President North Queensbury Fire Co. Just to clarify a few things, North Queensbury has hired a public relations firm which is being paid for totally with private donation money, Richard do you understand that? 318 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 Councilman Sanford-Maybe you can make it a little clearer for me. Cash to me is cash. Mr. Fraiser-It is private donation money it is not town money. Councilman Sanford-I do not have the benefit of your chart of accounts, I do not know if cash comes in two different colors or money up there but I assume you have an account called cash and you drew it out, maybe you have a foundation of cash? Mr. Fraiser-We have private donation money that is used for the good or the organization, also we had our workshop last Monday and we are working with Mr. Noordsy. We did get a communication from him on Friday and we are working on it, we are not dragging our feet, we have tried every bit to move this forward. I have been waiting for two weeks to get a phone call for my Councilman back on, we seem to be on a different waive length there Roger. According to the web site the minutes, maybe they are not true or not, it says Chapter 14 Public Interests and that was what I was going off of. If it is Article 11 or Article 14 I am wrong but I am going by what I read on the web site. Councilman Boor-We had a very heated discussion and I will not get into the language that was exchanged in that discussion but after that you left a message on by recorder again and I e-mailed, I left a message at the fire house, maybe you have not gotten the message and maybe you did not get the Article 11, eighty seven pages I e-mailed to you on the Article 11. I said I do not know where you got the Article 14 and Mr. Frasier-It is Chapter 14 of the Public Interest as I said on the phone. I asked you to get the information for it, and you told me to go get it, and I said as our Councilman Roger I thought you could get it and we could sit And look at it together. th Councilman Sanford-Why don’t we set it for the 16 of April since you are here. Mr. Frasier-It is not my decision to make Richard, we did what we were supposed to do from the workshop we are working with Mr. Noordsy and we would like to go forward with it. Just the other thing about the district is we can point fingers with other fire companies they can do what they want everyone has their special needs but I think the voters and the taxpayers should really decide that and that is one of the bottom lines is what this is all about. Mr. George Drellos-27 Fox Hollow Lane He is right all the districts do have special needs but there are some pretty big ones, bigger than theirs out there it requires a lot more than what they need. I think you are right Richard, hold the public hearing as soon as possible. Give the people a choice. They have got public relations out there the rest of the Town does not have a clue what is going on only they do, of course it benefits them. The rest of the town is stuck and doesn’t know what is going on and they are the ones that are going to be feeling it. I am sorry that their tax assessments went up that 319 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 is what their homes are worth. They are selling them for that up there. My home in Florida went up twice in one year, double there is nothing you can do about it that is the value of what it is that is what it sells for. I cannot deny it that is what they are selling for. They are not going to be able to deny it that is what they are selling for that is what tax assessments are. Florida assesses every year. We do it once every ten years. Every year Florida has a special assessment every year they assess it reval, they do not change their tax rate they leave them where it is so the tax rate never goes down it stays the same. So, Florida is no bargain believe me. I am sorry for what they are going through but that is what they are selling for up there and that is what the rate is. You are right Richard we need to do this, you want to do Wards or Districts you are going to have to redraw some lines you cannot leave them where they are. Small ones, small ones, huge ones, it will not work. Their special needs I know there is some there are other fire companies that have a lot more special needs on what they do and a lot more businesses to maintain, schools, colleges, churches a lot more. So, you are th right hold it on April 19 do what you have got to do. Councilman Sanford-George a lot of those not for profit institutions that you were referencing the Colleges, the schools, they are all protected by the companies that handle that territory and there is no assessed value, no tax dollars being generated for that but there certainly is a responsibility and a lot of effort put in by the fire companies. Mr. Drellos-It is the responsibility of the whole town everything, they get sales tax given back to them, I think Dan you told me roughly two dollars a thousand, I am just guessing, but if their values are that high they are getting a lot more in sales tax than the average homeowner in Queensbury. Councilman Sanford-Four to five times higher. Mr. Drellos-So, in one way yes they are paying but they are getting it back someplace else. School you have no control over that, you know what they are in Lake George, I think is cheaper than Queensbury I am not sure. The school tax has nothing to do with anything else it is just the way it is you do th not set that. April 19 sounds like a good date, I say lets do it. Mr. Scott Rowland-68 Wisconsin Avenue West Glens Falls In order for a Town to be a community everybody has to work together, everybody has to help each other out, sorry my house isn’t worth four point five million dollars it is only worth a hundred thousand dollars. I pay my fair share of taxes, I get great fire service I do not live on Lake George and you guys are doing a great job and make sure you look into everybody the whole town not just North Queensbury. Mr. Pliney Tucker-41 Division Road What is the status on the petitions that I turned in? Supervisor Stec-It is a discretionary action of the town board, no town board member or myself have expressed an interest in pursuing building our own library. Mr. Pliney Tucker-You have to got to give the people the right to vote on it. 320 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 I will bring the law to you. Re: Luzerne Road Landfill City of Glens Falls voted to spend 4.2 million to cover their landfill. Questioned if the Town will expand their transfer station? Councilman Brewer-That is on our radar screen. We have to wait and see what the limits of what they are going to do. Mr. Tucker-Re: Library Noted they are moving, about a hundred and twenty five thousand involved in the move, the are going out to bids to build the library it is strange that they would be moving when they had not gone out to bid yet. Councilman Sanford-It is the library district and you have to deal with the library board to get the answers. Mr. Tucker-I gather my petition was ok other than you do not want to move on them? Supervisor Stec-Your petition is an informal document it is not a formal document that forces an action of the Town Pliney it is a list of people that are agreeing with a statement that is made. Councilman Boor-I do not know the exact law I think you have to get five percent of the entire population of the Town of Queensbury that voted in the last governors election in order for it to force us to really look at it. It is just like we were talking about with the fire districts you have got to do these things right, we just cannot accept a petition from a homeowners association and then set up a public hearing and vote on something, there are legal things you have to do. Mr. Tucker-I got my information from the education law of the State of New York who governors all public libraries… Supervisor Stec-Your document is a political one in that it is showing a level of support on the side of an issue but it isn’t an official legal standing one where it would force the Town Board to go to a referendum. Mr. Tucker-I think the oath that you take says you will obey all of the laws of the State of New York Supervisor Stec-I think we are. Mr. Tucker-RE: Fire Road There are a couple of white pine trees that are dead and are next to the road, someone should take a look at them. Supervisor Stec-I will have someone take a look at it. Mr. John Hodgkins-Lake Parkway, Assembly Point I do not mean to beat up on the fire district too much or put this out in front of you too much but I do have a couple of comments to refer to back in some of the items that were talked about. We are one town but we are made up of a number of special districts including school districts. In the school district system we have the school board we are able to vote on the budgets, we are able to look at it, 321 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 this has been more productive in some ways. In compared to the fire districts in 1975 fire tax was about 3% of our school tax. In 2007 the fire tax is about 11% of our school tax it has roughly increased at about four times the rate of the school tax. Either two things are happening either our fire tax is going up very rapidly or the school tax is being tempered by the school board and the ability to vote on those, that is a concern. The other thing that happens on school tax is we have an option to keep our spending down. If we look over into the Queensbury School District, the Queensbury School District decides to have a hockey team , they have a rifle range in their basement, they have mountain bikes to use they end up having big screen tv’s in every room. Lake George School Dist. doesn’t have those in essence they have a lower school tax. Part of the lower school tax is not only assessed value but also spending less, a great deal. We also get into the sales tax debate that comes back here and I think this is a confusing issue that comes up. Number one, sales tax is not used to reduce fire, school, library or any other special district. The sales tax at the County level a portion goes to the County level, reduces our County tax, another portion is distributed to the towns, that distribution to the towns is based on our assessed value. Sales tax is collected by the State and is distributed back to the City or the County that it comes from. Your sales tax does not have to be collected at site but if you purchase an automobile say in Saratoga you are going to pay your sales tax to Warren County, there is a little bit of misnomer to think that it is all going to be collected up here in the million dollar mile. We look at North Q we have a number of areas that collect sales tax we have got six full service marinas, we have got two motels, we have got a number of restaurants, we have got a store all of which are collecting sales tax revenue. Each one of the people at a residence up in that area will be paying your sales tax on any major purchases they make. In fact in Warren County themselves, Warren County collects thirty percent of its sales tax revenue is coming from out of county residents and that is the reason our County goes and promotes tourism and puts that together. So, to say the property owners of North Queensbury receiving any greater benefit then any other citizen of this town is totally untrue. If you go and take a two hundred thousand dollar home in North Q he is getting the same benefit as a two hundred thousand dollar home if it is over in West Glens Falls. That totally would be a false item to look at. Councilman Sanford-Just to clarify I think you are missing the point a little bit in terms of how we link when we have some of our discussions that we have had for so long on this issue. What some of us are merely saying is that if you have a million dollar home up in North Queensbury that is somewhat comparable to a two hundred thousand dollar home here but because it is in the vicinity of the lake it is appraised at a higher level, you are going to pay a higher fire tax, because of your appraised value is higher and you are complaining about it. Now, quid pro quo that I am trying to get across here to you is that that same scenario when we do our two million dollar sales tax rebate that same situation with the million dollar house vs the two hundred you are going to receive five times the amount of the rebate value and you are not complaining about it, you are ok with that and so there is a double standard. Mr. Hodgkins-You are also going to pay five time the County tax, five times the school tax, five times the library tax and I think everybody is under the 322 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 impression that sales tax the reason we support sales tax collection is to reduce our property taxes and that is a line item on our budget, it is a line item on the town budget, it is a six million dollar line on the towns revenue side, correct? Supervisor Stec-The gross was eight we budgeted net of six. Mr. Hodgkins-And we applied six and we left back more at the County level. We have also put quite a bit of money into our bank we have a large surplus that has come up. So, every time you say there is a twenty seven percent benefit up there, there is also a twenty seven percent cost. That is equal Councilman Sanford-Don’t you see the hypocrisy that you don’t want on the one hand pay five times the rate for fire tax but you have no problems receiving five times the amount of revenue in a rebate. Mr. Hodgkins-This is a spending issue, school tax is my example. I am certain that the people in North Queensbury do not want to pay for the big screen tv’s over in Queensbury School, we have the Lake George schools. We do not want to pay for certain facilities that go into other areas of the town there was got to be some responsibility to look at the spending side of it and the fire district issue is what we are looking at. We are looking at people to say ok, are we going to have cell phones for everybody, yes or no? Are we going to have Chief’s vehicles for everybody, yes or no? Are we going to finance our buildings for forty years or fifteen years? Are we going to have truck funds, yes or no? These are all issues that have to come up I personally think that for one area that got to make one decision another area another. We go to West Glens Falls and they have water frontage they have a couple boats, you go to Central they have got more water frontage they have got no boats, why, they just decided maybe a decision on that fire department and what they need. We need some kind of facility here and I think the debate all comes down that we are looking at some kind of responsibility on the spending. You know that I went to all of the meetings, your workshop meetings for the budgets and I sat there and I listened to what was happening and I was surprised, some of the questions that came up. Richard, for example, the first meeting I want to you did a very good analysis of breaking down what expenditures go forward, you decided to back down from that the future ones. Councilman Sanford-I did not have the support of the rest of the board. Mr. Hodgkins-When you are a group you have to take your position and banter it back and forth and that is how you work, if I am in a committee I always stand up for my position until the last and then I go ra-ra. Councilman Sanford-We all know a camel is a horse assembled by committee, you don’t always get what you want when you are dealing with committees. Mr. Hodgkins-Of course not and you have to keep on battling for the different, you have always come up to North Queensbury and I appreciate that you have, the first meeting when you came up to North Queensbury you 323 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 offered us more money, we were not looking for more money. We are looking to bring our budget down. So, it is a spending issue that comes up it is a control of spending issue that comes up on all these. The fire district do bring in a control issue, it is proven throughout the State. Issues that come up with sales tax I think have nothing to do with any of these issues. The sales tax is every thing is based on a hundred thousand dollar home going to get this issue and a million dollar home is going to get that and you know what you have got the Walmart is going to get their sales tax benefit to. Councilman Sanford-It is all philosophical and no one is arguing the taxes are fair and equitable and logical but you can apply a certain degree of philosophy to them. Fore instance, sales tax is a consumption tax if you are a wealthier person you do not necessarily spend a lot more and generate a lot more sales tax revenue to a municipality than a middle class family of five has a pretty hefty rate sales tax expenditures visa vie the wealthy, and yet we are re-bating a consumption tax based on an assessed valuation. So, people who aren’t necessarily even generating the tax to begin with in the case of the five time differential up on North Q are receiving five times the amount of the rebate and they have not even put that money into the pool and you are not complaining about that. Mr. Hodgkins-I have to argue that point, Richard, number one sales tax is not collected on housing, it is not collected on health care it is not collected on food the essentials in life. So, the person that is on the lower end of the scale is going to be paying a lower end, the people that all of a sudden have more disposable income they are going to be paying sales tax items that come up….Now, you look at it as a regressive tax what is more of a regressive tax is property tax. In this past year we had a sales tax rate of seven percent in this county and last year we had a sales tax rate of seven and I think the year before seven and an eighth, our income tax was a fairly steady rate. This past year we had a twelve percent increase in property tax and when January comes along you know you can avoid sales tax by not purchasing something if you do not have the income. You avoid income tax by if you do not have the income you are not going to pay income tax, but when January comes along you have to pay that property tax and this Board voted for a twelve percent increase that is much more aggressive to a fixed income person, anyone. Councilman Sanford-That is what the houses are worth, fundamentally on an economic point of view we all agree that the sales tax is a regressive consumption tax, property tax is a progressive tax, people who have the ability to live in more expensive homes are taxed higher that is by definition progressive. Mr. Hodgkins-But, when you go and apply a twelve percent increase that twelve percent increase as applied to the lowest income level in our community. The person living in a fifty thousand dollar home got a twelve percent tax increase, they did not get a sales tax increase they did not get an income tax increase they got a twelve percent property tax increase. That was voted on by this Board and that is the control that we are looking at is spending. Councilman Brewer-Property tax increase, this Board? 324 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 Mr. Hodgkins-Of course we had a twelve percent fire tax increase, we also had a six percent county tax increase that was voted for by this Board by reducing the rebate of that money by five hundred thousand dollars, I think that was the largest tax increase that we have had in the last twenty years that I know of in this, we had seven hundred and some odd thousand dollars worth of tax increases that people of this community absorbed. That is a major increase in property tax. If you go open up the paper the issue isn’t sales tax the issue is property tax, when you go to school it is property tax. Betty Little has a bill out there to try to take the burden off from some of these school tax, Theresa Sayward has got a bill ..sales tax, those are school tax. Councilman Boor-I think just from my personal standpoint I have a greater issue with the school tax than I have, it is just an opinion Mr. Hodgkins-They are all property tax. Councilman Boor-I guess the point that I am trying to make is different people perceive things differently, I know that if I had to pay my property tax or I had to pay my school tax and I had a choice that I did not have to pay one of them it would pretty much a no brainer. Mr. Hodgkins-We are giving you an option by going to looking at putting together a fire district and putting some control. I think the issue here is that there is a spending issue, and property taxes are going up very rapidly and we need to get some control. Councilman Sanford-Just before you leave on this, I do not disagree with the fact that you are honestly representing on how unhappy these people are with these taxes but you know the fire tax is one component. I do not hear you going to Crandall Library complaining about your library tax which is about half the rate, you are not complaining about that and you people probably realize the least benefit for that. Mr. Hodgkins-Why are you changing the subject. You know that I do not complain about the library tax. I had an opportunity to vote on that. Councilman Sanford-Have you been in front of the Crandall Library Board? Have you hired Behan Communication to do that? Mr. Hodgkins-I am working on school taxes and I am working on this tax so I can take so many battles in a week. Councilman Strough-Richard is not changing the subject as a matter of fact you brought up school taxes and other taxes and John you are only bring up what is convenient for you. I never knew that one little article of eight hundred words is going to stimulate so much public interest and I just hope that the other ninety seven percent of Queensbury’s population shows up as well. Lets back up a little bit here, school tax, Queensbury ninety two school districts in the Capital region was rated most efficient. Lowest cost per pupil of any school in the Capital region. Let make sure we get comparing apples to apples. In my article that was in the newspaper is what 325 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 I hear, now you people have directed it to me and some people have attacked me, but what I put in there is what I am hearing and you are not hearing it. Another thing that is not being addressed is most the lions share of the sales taxes come out of Central Queensbury. That is why they need a one point two million dollar ladder truck. That is why you should help pay for it. Supervisor Stec-One point zero. Mr. Hodgkins-If you have an issue with sales tax then..reducing sales tax. Councilman Strough-And you received sixty some odd cents per thousand rebate that comes as an advantage of that sales tax. That sales tax the lion share of what comes out of Central Queensbury, I know that you have little boats up there and that generates some sales tax yea, but the lions share and you cannot disagree with this comes out of Central Queensbury. Mr. Hodgkins-I am, kind of have to disagree on one thing I think the benefit for those people that are in Central Queensbury they want to run their business there, you run your business there you collect sales tax .. The people that are up in North Queensbury they run their business there they pay too, but sales tax is not collected by the Town of Queensbury, you do realize that. They do not collect that. Councilman Strough-Don’t put a spin on it, John the whole town benefits from the sales tax, fact or not? Mr. Hodgkins-Equally they do. The whole town benefits. Councilman Strough-Everyone benefits from the sales tax so you should help, to help pay for what costs go into producing that sales tax. Mr. Hodgkins-I am not saying we don’t. We already do. Councilman Strough-If you break off in a fire district you are not going to put a penny into a million dollar ladder truck. Mr. Hodgkins-The sales tax comes up based on assessed value, comes in we are really contributing. Councilman Strough-I do want to have a public hearing on this and I want the other ninety seven percent of the people here. Supervisor Stec-I think we have a pretty good running start at the public hearing tonight. Mr. Doug Auer-16 Oakwood Drive 1. Commending the ACC Board on what a great job them do 2. Spoke to the Board on Co-Jen Project…requested an analysis be done by the Town Supervisor and Councilman Sanford … noted he is going to the Attorney General on …will copy the Supervisor on the information Mr. Jonn Salvador-1. Petition from Mr. Tucker deserves an answer in writing and reasons why you do not think you should honor his petition. 2. 326 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 th Re: Fire district I second the motion for an April 19 meeting. 3. spoke on Fire at the Warren County Center great response by the fire service. That facility does not pay a fire tax to the Town of Queensbury nor does the airport and the community college, total assessed valuation of those facility was ten percent of our assessed evaluation of this town. Councilman Strough-Right now the whole town bears the burden of that right and if North Queensbury breaks away they would not have to pay any of that, they get the advantages of all those services. Supervisor Stec-Noted he spoke to the Chairman of the Board about the county not having to pay any fire tax. I believe that those properties are exempt by State Law. Mr. Salvador-I was told by Mr. Champagne that it was probably just a hand shake. 4. Need a full board of Assessment Review some members of the Board have resigned. I will challenge if a real estate agent or broker is appointed to that board 5. Crandall Library has gone out with an invitation to bidders, has the Town reviewed the bid package? Town Board noted that they had not. Mr. Salvador-Reviewed the debt on the Library construction and Local Finance Law no. 165. Councilman Sanford-Typically you have the trustee banks will handle the debt service. Mr. Paul Naylor-Division Road Jerome Avenue is all in the City. Councilman Strough-Where is the line on South Western? Mr. Naylor-The whole road is in the City. Councilman Brewer how are we doing closing Division Road? Councilman Brewer-One battle at a time. No further comments from the public. 6.0TOWN BOARD DISCUSSIONS Councilman Boor- 1. noted on town related business I received 54 e-mails two days ago and 34 the day before and 44 today 2. questioned the trail related grant application dead line asked if Councilman Strough was familiar with that Executive Director Alter-Under the consultant that we hired which is the low bidder wants to do the grant that is part of his contract apparently so he is doing it as we speak. I will get you more details to you. Councilman Boor-Will we meet the deadline? 327 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 Executive Director Alter-Yes Councilman Boor-3. Re: CLUP Zoning There are a couple of issues that need to be addressed, but if there is anything we can do as a Board to expedite this thing, I would like to move as quickly as we can on that. Regarding mix use zoning references I have not seen it in any of the e-mails I would like to put that one to sleep if we can do it by giving the PORC Committee direction that would be fine. 4. Connector Road In the wastewater agreement with the City of Glens Falls the payment of an additional two hundred thousand for alternative truck route or connector road, as soon as we contract for this work to be done the City of Glens Falls should be cutting us a check for two hundred thousand. Councilman Sanford-I want to reemphasize the need to get this fire thing out of the way. Councilman Brewer-Requested that the public hearing for the North Queensbury Fire District be held on an evening that is solely for that purpose. Councilman Sanford-Will discuss the date of the hearing at the next workshop. Supervisor Stec-I want to check with Attorney Noordsy to see if we are at a point where we can do this. Councilman Sanford-Again if it is dependent upon others then we have a decision that we have to make and I talked to you briefly about it and Tim as well and basically we are doing this on a voluntary basis to have the public hearing. I say that given the amount of time if it cannot be done then basically we tell them look it do it by petition. Noted tomorrow we are meeting has that been noticed? Supervisor Stec-I believe it has, will check. Councilman Strough-1. www.poststar.com under commentary click more and then go to Sunday March 25 there is the article that says we need to have a fire protection debate 2. New York State Dept. of Health article, individual water supplies wells, five fact sheets 3. Reviewed the th Queensbury Post 27 anniversary there are still 10 members of the original thth group congratulated them. 4. Spring pickup May 7 -18 Ward 4 May stththst thth 21 -25 Ward III May 29 – June 1 Ward II June 4 -8 Ward I Councilman Brewer-1. Noted he was using his e-mail 2. the old Luzerne Road Transfer Station has been torn down the new building will be here in the next couple of weeks 3. Noted he had taken a tour of the new EMS building Councilman Boor-Re: Ethics Rules would like to run an ad for candidates. Supervisor Stec-1. www.queensbury.net our web site…2. Thanked Glens Falls National Bank and TV8 for televising our meetings 3. we had two significant fires last week, John Burke Apartment Building all five fire 328 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 companies responded to that and Warren County Municipal Center responded to by Queensbury Central Fire and Bay Ridge Vol. Fire Co. also thanked City of Glens Falls for standby… all companies did a great job and on behalf of the Town Board we appreciate their efforts.… (Councilman Boor left the meeting) 7.0RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED UPGRADE OF SANITARY SEWER SYSTEMS AT TOWN OFFICE COMPLEX RESOLUTION NO.: 154, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Facilities Manager has advised the Queensbury Town Board through prior memorandums that due to failing leach fields, it is now necessary to upgrade the existing sanitary sewer systems servicing the Town Office Complex, and WHEREAS, since there is now a municipal sewer main line capable of servicing the Town's facilities, it is requested that a forced main system be designed and constructed to properly remove sewage from the Town's property to this new municipal sewer main, and WHEREAS, such proposed project is anticipated not to exceed $79,000 and it is requested that this project be included as part of the Town’s Capital Improvement Plan and financed through the Capital Reserve Fund, and WHEREAS, in accordance with the Town’s Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th April 16, 2007 to hear all interested persons and take any necessary action provided by law concerning establishment of any required capital reserve account and the funding of the 329 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 proposed upgrade of the existing sanitary sewer systems servicing the Town Office Complex, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed Capital Project in the manner provided by law. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Sanford NOES : None ABSENT : Mr. Boor (Councilman Boor returned to meeting) RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY DONNA ROSEN RESOLUTION NO.: 155, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Donna Rosen previously commenced an Article 7 Real Property Assessment Review case against the Town of Queensbury concerning the assessed value of property located at 165 Pilot Knob Road (Tax Map No. 227.14-1-24) for the 2005 tax year, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the case with Town Counsel, and WHEREAS, counsel for the Lake George Central School District has advised that the proposed settlement terms have been approved by the District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 case against the Town of Queensbury by Donna Rosen, concerning 330 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 her property located at 165 Pilot Knob Road (Tax Map No. 227.14-1-24) for the 2005 tax year in accordance with the following revised assessment value: Tax Year Current Assessment Revised Assessment 2005 $538,000.00 $465,000.00 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Petitioner’s counsel, Linda S. Leary, Esq., Donald Zee, P.C., within sixty (60) days from the date that a Demand for Refunds is served upon the Town of Queensbury and the Warren County Treasurer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Fiscal Manager and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION TO AMEND 2006 BUDGET RESOLUTION NO.: 156, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford 331 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 WHEREAS, the attached Year End 2006 Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Fiscal Manager, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to transfer funds and amend the 2006 Town Budget as follows: Fund Code Object Description Incr. (+) Decr. (-) 001 1010 4400 Misc. Contractual $ 609.28 Town Board 1010 4130 Town Counsel Retainer $ 609.28 1220 4400 Misc. Contractual $ 227.67 Town Superv. 1220 1010 Salaries $ 227.67 1220 4130 Town Counsel Retainer $ 5,635.00 1355 4130 Town Counsel Retainer $ 2,000.00 1355 4740 Art. 7 Appraisals $ 3,635.00 $ 5,635.00 1220 4090 Training/Education/Subscr $ 486.85 1010 4130 Town Counsel Retainer $ 486.85 1315 1010 Salaries $ 7,590.16 Accounting 1315 4130 Town Counsel Retainer $ 15.00 $ 7,605.16 1315 4400 Misc. Contractual $ 7,605.16 1330 1010 Salaries $ 454.30 Tax Receiver Fund Code Object Description Incr. (+) Decr. (-) 001 1330 4080 Legal Advertisement $ 454.30 1355 1010 Salaries $ 6,001.29 Assessor 1355 4740 Art. 7 Appraisals $ 6,001.29 1420 4131 Town Counsel Litigation $ 43,482.16 Town Counsel 1420 1010 Salaries $ 4,387.48 1420 4130 Town Counsel Retainer $ 9,855.00 1420 4132 Other Legal Fees $ 1,215.00 1420 4133 Art. 7 Legal Fees $ 13,326.50 1420 4800 Equipment/Supplies $ 200.00 1345 1010 Salaries $ 81.23 1345 4080 Legal Advertisement $ 233.73 1345 4130 Town Counsel Retainer $ 2,433.22 1355 4740 Art. 7 Appraisals $ 4,000.00 1440 4720 Consultant Fees $ 7,750.00 $43,482.16 1620 4070 Bldg. Repair/Maint. $ 7,985.01 Bldgs. Grounds 1620 1001 Meal Tickets $ 50.00 1620 1010 Salaries $ 5,558.90 1620 1020 Overtime $ 2,132.00 1650 4400 Central Communications $ 244.11 $ 7,985.01 1620 4820 Uniforms/Protective Wear $ 36.89 1950 4430 Property Taxes $ 36.89 1620 4300 Electricity $ 6,156.63 1650 4070 Bldg. Repair/Maint. $ 3,288.60 1650 4100 Telephone $ 2,253.85 1650 4400 Misc. Contractual $ 614.18 1660 4010 Office Supplies $ 32.92 1650 4400 Misc. Contractual $ 32.92 1670 1010 Salaries $ 1,625.37 1680 2031 Computer Hardware $ 1,625.37 1670 4030 Postage $ 2,951.65 Central Mailing 1680 1010 Salaries $ 1,000.16 1680 1020 Overtime $ 1,144.39 1680 2001 Misc. Equipment $ 212.89 1680 2031 Computer Equipment $ 594.21 3120 1010 Salaries $ 107.91 xing Guard 3120 4400 Misc. Contractual $ 267.36 332 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 1990 1010 Salaries $ 375.27 4020 4135 Off Payroll Staff Comp $ 420.00 Vital Stats 4010 4130 Town Counsel Retainer $ 420.00 5132 4300 Electricity $ 10,988.45 Hwy. Garage 1990 4400 Misc. Contractual $ 10,988.45 Programs for 6772 4418 Bus Transportation $ 1,498.70 Aging 1990 4400 Misc. Contractual $ 1,498.70 6989 4400 Eco.Dev. Misc. Contr. $ 37,500.00 Eco. Development 7020 1010 Salaries $ 27,829.12 7020 1020 Overtime $ 248.39 7020 4030 Postage $ 334.84 7020 4090 Training/Education/Subscr $ 296.05 7020 4100 Telephone $ 111.73 Fund Code Object Description Incr. (+) Decr. (-) 001 6410 4532 Newsletter Publishing $ 15.33 7020 4446 Safety Training Materials $ 100.00 7020 4800 Equipment Repairs/Suppl. $ 99.82 7110 1010 Salaries $ 6,219.50 6410 45432 Newsletter Publishing $ 2,096.72 $ 37,500.00 7110 4300 Electricity $ 52.03 Parks 6410 4532 Newsletter Publishing $ 52.03 7510 1010 Salaries $ 350.08 Historian 7510 4791 Equipment Maint. Contr. $ 350.08 7510 4400 Misc. Contractual $ 836.56 7110 1020 Overtime $ 413.11 7110 4105 Mobile Communications $ 201.17 7110 4230 Purchase of Water $ 222.28 7550 4533 Celebrations $ 831.68 8030 4401 Community Research $ 831.68 7620 1010 Salaries $ 3,561.16 Senior Citizens 7620 4413 Sen. Citizen Contracts $ 39.99 8020 1010 Salaries $ 3,601.15 8010 4130 Town Counsel Retainer $ 10,469.29 Zoning 8010 1010 Salaries $ 8,805.00 8010 1020 Overtime $ 1,664.29 8020 4711 Reimb. Engineer Svcs. $ 5,618.26 Planning 8020 1010 Salaries $ 5,618.26 9040 8040 Workers Comp. $ 10,641.71 W.Comp 9010 8010 NY State Retirement $ 10,641.71 9040 8041 Safety Group Admin Fees $ 1,696.24 9010 8010 NY State Retirement $ 1,696.24 9060 8062 Medicare Reimb $ 1,229.26 Health Ins. 9089 8089 Other Empl. Benefits $ 1,229.26 9080 8080 Vacation Accruals $ 18,357.35 Vacation Accr. 9060 8060 Health Ins. Premiums $ 18,357.35 $ 10,469.29 $187,756.21 $187,756.21 002 1650 4100 Telephone $ 951.41 Central Comm 8810 1010 Cemetery Salaries $ 951.41 8810 2001 Misc. Equipment $ 1,058.01 Cemetary Ops. 8810 4100 Telephone $ 1,058.01 8810 4500 Fuel for Vehicles $ 2,287.42 8810 1010 Salaries $ 2,287.42 Workers Comp Premium 9040 8040 $ 5,172.62 Workers Comp 9010 8010 NYS Retirement $ 4,905.69 9060 8060 Health Insurance $ 266.93 Safety Group Admin 9040 8041 Fees $ 1,696.24 9030 8030 Soc. Sec./Medicare $ 1,696.24 Vacation 9080 8080 Vacation Accrual $ 860.00 Accrual 9060 8060 Health Insurance $ 860.00 $ 12,025.70 $ 12,025.70 Fund Code Object Description Incr. (+) Decr. (-) 333 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 Workers Comp 004 9040 8040 Premiums $ 58,248.01 Workers Comp 5142 1020 Overtime $ 45,552.57 Snow & Ice Melting 5142 4641 Agents $ 12,695.44 $ 58,248.01 Safety Group Admin 9040 8041 Fees $ 5,117.35 Snow & Ice Melting 5142 4641 Agents $ 5,117.35 Disability 9055 8055 Disability Ins. Premium $ 785.96 Insurance 9060 8060 Health Ins. Premium $ 785.96 $ 64,151.32 $ 64,151.32 Fire Code 005 3410 4400 Misc. Contractual $ 8,065.10 Enforce 3410 4401 CPA Audit $ 3,445.00 3410 4407 Bank charges $ 474.20 599 Fund Balance $ 11,984.30 9040 8040 Workers Comp $ 55,611.08 Workers Comp 9025 8025 Service Award Contrib. $ 23,971.00 599 Fund Balance $ 31,640.08 $ 55,611.08 Safety Group Admin 9040 8041 Fees $ 3,292.04 599 Fund Balance $ 3,292.04 $ 70,887.42 $ 70,887.42 009 1650 4100 Telephone $ 131.08 Central Comm. 1990 1010 Contingency $ 131.08 8160 1010 Salaries $ 12,060.23 Transfer Station 8160 4002 Closure Maint./ Monitoring $ 2,458.23 8160 4448 Trash Hauling Burnable $ 9,602.00 8160 1020 Overtime $ 7,620.24 8160 4447 Trash Disposal Burnable $ 7,620.24 9010 8010 NYS Retirement $ 2,030.30 NYS Retirement 8160 4200 Property Liab. Insurance $ 1,576.24 8160 4245 Environmental Safety $ 454.06 Soc. 9030 8030 Soc.Sec./Medicare $ 2,183.99 Sec./Medicare 599 Fund Balance $ 2,183.99 9040 8040 Workers Comp $ 1,613.45 Workers Comp 599 Fund Balance $ 1,613.45 9040 8041 Safety Group Admin Fees $ 514.85 599 Fund Balance $ 514.85 Disability 9055 8055 Disability Ins. Premium $ 56.62 Insurance 9040 9043 First Aid Prof. Fees $ 56.62 Health 9060 8060 Health Ins. Premium $ 865.57 Insurance Fund Code Object Description Incr. (+) Decr. (-) 009 8160 4800 Equip. Repairs/ Supplies $ 865.57 9060 8062 Medicare Premium Reimb $ 276.20 9040 8043 First Aid Prof. Fees $ 276.20 Vacation 9080 8080 Vacation Accrual $ 6,751.00 Accrual 599 Fund Balance $ 6,751.00 8160 2020 Vehicles $ 28,952.00 599 Fund Balance $ 28,952.00 $ 63,055.53 $ 63,055.53 Total Fund Balance appropriated $ 40,015.29 5182 4305 Street Lighting $ 50.72 Cleverdale 021 599 Fund Balance $ 50.72 Lighting 023 5182 4305 Street Lighting $ 1,435.59 S.Qby Lighting 599 Fund Balance $ 1,435.59 334 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 024 5182 4305 Street Lighting $ 2,753.09 W. Qby Lighting 599 Fund Balance $ 2,753.09 025 5182 4305 Street Lighting $ 7,281.71 Qby Lighting Fund Balance $ 7,281.71 Vacation 032 9080 8080 Vacation Accrual $ 1,325.00 Accruals 9710 7010 Bond Interest $ 1,325.00 040 1950 4430 Property Taxes $ 3,241.37 Property taxes 8310 1010 Water Admin Salaries $ 3,241.37 Water 8330 4270 Chemicals & Materials $ 35.43 Purification 8330 2001 Misc. Equipment $ 35.43 9040 8040 Workers comp $ 9,067.31 Workers Comp 9060 8060 Health Ins. Premiums $ 7,791.43 Medicare Premium Reimb. 9060 8062 $ 1,275.88 Safety Group Admin 9040 8041 Fees $ 1,711.39 9010 8010 NYS Retirement $ 1,711.39 9055 8055 Disability $ 840.25 Disability 9710 7010 Serial Bond Interest $ 840.25 Other Emp. 9089 8089 Other Emp. Benefits $ 237.50 Benef. 9010 8010 NYS Retirement $ 237.50 9710 6010 Serial Bond Principal $ 0.07 Serial Bonds 9710 7010 Serial Bond Interest $ 0.07 Fund Code Object Description Incr. (+) Decr. (-) 040 $ 15,133.32 $ 15,133.32 Central Comm. 47 1650 4100 Telephone $ 329.16 Sys 8310 4100 Telephone $ 329.16 nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-These are the final end of the year adjustments. This is the first year that we have had Munis. Every fund with the exception of one came in under the total budget but there is a lot of movement within the lines within the funds. The one fund that went over budget was the solid waste budget and that was because the Town Board at the end of the year purchased a truck. Councilman Boor-Is this a cleaning house new system Barbara Tierney-This is a cleaning house, the year end 2006, it was the first year the new computer system was in place. Councilman Sanford-You were here when the 2007 budget was being prepared but largely you look at the prior year for point of departure and you build up for the following year and since there have been so many adjustments, although maybe not material ones is it likely that 2007 335 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 estimates will be off mark because of the reliance on 2006 levels which have proven to be in many cases need for adjustment. Mrs. Tierney-It is the first year that Munis I am waiting for formal training. Councilman Sanford-If we are using the old data to create 2007 are we not perpetuating some of the miscalculations moving into ‘07? Mrs. Tierney-I am hoping to review these on a quarterly basis to avoid massive year end adjustments. Councilman Strough-Asked for review of the new adjustments. Mrs. Tierney-Reviewed for the Board the new format of adjustments. Councilman Strough- Questioned if the line item Attorney Retainer can the name of that be changed: Mrs. Tierney-Will look into that. RESOLUTION AUTHORIZING CLOSURE OF ACTIVITIES CENTER ROOF REPAIRS CAPITAL PROJECT FUND NO: 154 RESOLUTION NO.: 157, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, in accordance with Resolution No. 536,2005, the Queensbury Town Board established the Activities Center Roof Repairs Capital Project Fund #154, and WHEREAS, the Town Facilities Manager has advised that the project has been completed, and Whereas, the Town’s accounting records show that there is approximately $23,536 remaining in Capital Project Fund No. 154, and WHEREAS, the Town Board wishes to close this Capital Project Fund and transfer the Fund’s remaining fund balance to Capital Reserve Fund No. 64, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Fiscal Manager to close the Activities Center Roof Repairs Capital Project Fund #154 and transfer the Fund’s remaining balance to Capital Reserve Fund No. 64, and BE IT FURTHER, 336 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 RESOLVED, that the Town Board further authorizes and directs the Town Fiscal Manager to take such other and further action as may be necessary to effectuate all terms of this Resolution. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF STATE POLICE BARRACKS ADDITIONAL CAPITAL PROJECT FUND NO: 155 RESOLUTION NO.: 158, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with Resolution No. 538,2005, the Queensbury Town Board established the State Police Barracks Addition Capital Project Fund #155, and WHEREAS, the Town Facilities Manager has advised that the project has been completed, and Whereas, the Town’s accounting records show that there is approximately $275 remaining in Capital Project Fund No. 155, and WHEREAS, the Town Board wishes to close this Capital Project Fund and transfer the Fund’s remaining fund balance to Capital Reserve Fund No. 64, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Fiscal Manager to close the State Police Barracks Addition Capital Project Fund #155 and transfer the Fund’s remaining balance to Capital Reserve Fund No. 64, and BE IT FURTHER, 337 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 RESOLVED, that the Town Board further authorizes and directs the Town Fiscal Manager to take such other and further action as may be necessary to effectuate all terms of this Resolution. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO TOP OF THE WORLD PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 159, 2007 INTRODUCED BY : Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, by prior Resolution, the Queensbury Town Board authorized development of the Top of the World Planned Unit Development, (PUD), and WHEREAS, by Town Board Resolution No.: 77, 1984, the Town Board approved the final design and construction phasing of the PUD, and WHEREAS, Lost Chalets, LLC wishes to: a) eliminate the proposed eastern access road between Lockhart Mountain Road and Phase II-A of the project, and b) break original Phase II-B and II-C down into smaller construction sub-phases, and WHEREAS, Lost Chalets, LLC needs Town Board approval to modify the PUD approval before the proposed changes may be submitted to the Adirondack Park Agency for its review and approval, and WHEREAS, before the Town Board may amend, supplement, change, or modify a PUD, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT 338 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, April 16, 2007 at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to the Top of the World Planned Unit Development described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the PUD so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED WITHDRAWAL FROM CAPITAL IMPROVEMENT PLAN RESERVE FUND #64 FOR RUSH POND BICYCLE/PEDESTRIAN PATH PROFESSIONAL DESIGN SERVICES CAPITAL PROJECT RESOLUTION NO.: 160, 2007 INTRODUCED BY: Mr. John Strough 339 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously established a Capital Improvement Plan Reserve Fund #64 (Fund #64) for future Town project developments, and WHEREAS, in December 2006 the Town of Queensbury issued a Request for Proposals for Design Services for the Multi-Use Rush Pond Bicycle/Pedestrian Path, and WHEREAS, four qualified professional firms submitted proposals for consideration th by the February 15, 2007 deadline, and th WHEREAS, at the March 26, 2007 Queensbury Town Board Workshop Meeting, the Town Board agreed to hire the Laberge Group as the lowest responsible and qualified bidder, and WHEREAS, the total estimated cost of the Project is seventy-six thousand six hundred sixty-three dollars ($76,663), and WHEREAS, this Project is proposed to be funded through a transfer from the Capital Reserve Fund #64 established by Resolution No. 322, 2001, and WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of moneys from Fund #64 for such Project, and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from Fund #64 subject to permissive referendum, and WHEREAS, in accordance with the Town’s Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project or before any withdrawal is made from the Capital Improvement Project Reserve Fund, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th April 16, 2007 to hear all interested persons and take any necessary action provided by law 340 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 concerning establishment and funding of the proposed Rush Pond Bicycle/Pedestrian Path Professional Design Services Capital Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed Capital Project in the manner provided by law. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS – ND WARRANT OF APRIL 2, 2007 RESOLUTION NO.: 161, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of March 29, 2007 and a payment date of April rd 3, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thrd run date of March 29, 2007 and payment date of April 3, 2007 totaling $482,849.16, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None 341 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 ABSENT: None RESOLUTION RESCINDING RESOLUTION NO.’S: 135, 2007 AND 136, 2007 CONCERNING APPROVAL OF CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO. 9 – JOHN W. DREPS BAY ROAD SUBDIVISION RESOLUTION NO.: 162, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 135,2007, the Queensbury Town Board adopted a SEQRA Determination of Non-Significant regarding the Central Queensbury Quaker Road Sewer District Extension No. 9 to serve the John W. Dreps Bay Road Subdivision located on the east side of Bay Road, and WHEREAS, by Resolution No.: 136,2007, the Queensbury Town Board established, authorized and approved the Central Queensbury Quaker Road Sewer District Extension No. 9 to serve the John W. Dreps Bay Road Subdivision located on the east side of Bay Road, and WHEREAS, it has been determined that the Town of Queensbury did not notify potentially involved agencies of the proposed Sewer District Extension and therefore the Town Board wishes to rescind Resolution No.’s: 135, 2007 and 136, 2007 thereby rescinding its SEQRA Approval and approval of such Central Queensbury Quaker Road Sewer District Extension No. 9, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rescinds Resolution No.’s: 135,2007 and 136,2007 concerning the SEQRA Approval and approval of the Central Queensbury Quaker Road Sewer District Extension No. 9 to serve the John W. Dreps Bay Road Subdivision located on the east side of Bay Road, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Wastewater Director and/or Executive Director of Community Development to take any and all action necessary to effectuate the terms of this Resolution. 342 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION ACCEPTING MAP, PLAN AND REPORT FOR PROPOSED EXTENSION NO. 9 TO CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT FOR JOHN W. DREPS BAY ROAD SUBDIVISION RESOLUTION NO. 163, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central Queensbury Quaker Road Sewer District (hereinafter the “District”) to be known as Central Queensbury Quaker Road Sewer District Extension No. 9, and WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.E., Consulting Engineer, an engineer licensed by the State of New York, regarding the proposed sewer district extension to serve the John W. Dreps Bay Road Subdivision, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board wishes to accept such Map, Plan and Report as the Map, Plan and Report for the proposed Sewer District Extension and file such Map, Plan and Report in the Queensbury Town Clerk's Office and make it available for public inspection, and WHEREAS, the consideration and proposed adoption of this Resolution is an action under the New York State Environmental Quality Review Act (SEQRA) and the Town Board hereby declares that this action is an unlisted action pursuant to 6 NYCRR 617 et. seq., declares itself the Lead Agency and declares that there are no other involved , agencies 343 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the Map, Plan and Report referenced in the preambles of this Resolution prepared by Thomas W. Nace, P.E., Consulting Engineer, regarding the establishment of the proposed Central Queensbury Quaker Road Sewer District Extension No. 9, and authorizes and directs that the Map, Plan and Report be filed in the Queensbury Town Clerk’s Office and be made available for public inspection, and BE IT FURTHER, RESOLVED, that the Town hereby issues a Negative Declaration in connection with its findings pursuant to the State Environmental Quality Review Act (SEQRA) as codified under 6 NYCRR Part 617 et. Seq., relative to the adoption of the proposed Resolution, whereby the adoption thereof constitutes an Unlisted Action that will not have any significant adverse impact upon the environment. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None ORDER SETTING PUBLIC HEARING FOR PROPOSED EXTENSION NO. 9 TO CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT FOR JOHN W. DREPS BAY ROAD SUBDIVISION RESOLUTION NO. 164, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central Queensbury Quaker Road Sewer District (hereinafter the “District”) to be known as Central Queensbury Quaker Road Sewer District Extension No. 9, and WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.E., Consulting Engineer, an engineer licensed by the State of New York, regarding the proposed sewer district extension to serve the John W. Dreps Bay Road Subdivision containing five (5) commercial lots located on an approximately 6.37 acre parcel of land on 344 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 the east side of Bay Road (tax map parcels: #296.16-1-16.11, #296.16-1-16.14, 296.16-1- 16.15, 296.16-1-16.16 and 296.16-1-16.17) as more specifically set forth and described in the Map, Plan and Report (hereinafter the “Sewer District Extension”), and WHEREAS, by previous Resolution, the Map, Plan and Report has been accepted by the Town and has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension in accordance with Town Law Article 12A and consolidate the Sewer District Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law §206-a, and WHEREAS, Part I of an Environmental Assessment Form has been prepared and presented at this meeting and the Town will act as Lead Agency and the action will undergo a coordinated review, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board shall hold a public hearing to consider establishment of the previously described proposed Sewer District Extension to the Central Queensbury Quaker Road Sewer District to be known as Central Queensbury Quaker Road Sewer District Extension No. 9. 2.The boundaries of the proposed Sewer District Extension and benefited areas of the Central Queensbury Quaker Road Sewer District are as set forth in the Map, Plan and Report previously described in this Order and as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the easterly side of Bay Street at the northwest corner of the lands conveyed to Stewarts Ice Cream Company, Inc.; running thence along said Bay Road, North 05 degrees, 11 minutes and 12 seconds East, a distance of 161.63 feet; continuing along Bay Road, North 05 degrees, 05 minutes and 41 seconds East, a distance of 362.4 feet to the southwest corner of lands of Bay Meadows Golf Club Inc.; thence running along said lands 345 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 southeasterly along a curve to the left having a radius of 25.00 feet a distance of 39.27 feet; thence running South 84 degrees, 54 minutes and 19 seconds East, along the southerly bounds thereof, a distance of 238.97 feet; thence running along a curve to the left having a radius of 25.00 feet, a distance of 37.95 feet; thence running along a curve to right having a radius of 70.00 feet, a distance of 219.59 feet; thence continuing along said lands of Bay Meadows Golf Club Inc., South 83 degrees, 47 minutes and 10 seconds East, a distance of 152.09 feet to an angle point therein for a corner; thence continuing along said lands of Bay Meadows Golf Club Inc., South 06 degrees, 12 minutes and 50 seconds West, a distance of 440.20 feet to the northeast corner of lands now or formerly of JBJ Queensbury, LLC; thence running along said lands, North 81 degrees, 26 minutes and 40 seconds West, a distance of 287.70 feet to the northwest corner thereof; thence running along said the westerly line thereof, South 05 degrees, 53 minutes and 33 seconds West, a distance of 93.91 feet to the northeast corner of said lands of Stewarts Ice Cream Company, Inc.; thence running along the northerly bounds thereof, North 84 degrees, 06 minutes and 27 seconds West, a distance of 284.03 feet to the point and place of beginning, containing 6.37 acres of lands to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. SUBJECT also to an easement of ingress and egress over the southwesterly corner of said property as described in an easement granted by Roger W. Brassel to Stewarts Ice Cream Company, Inc. recorded in book 1115 of deeds at page 24. 3. The proposed Sewer District Extension has been accomplished by installation of three manholes and 785 LF of 8” PVC gravity sewer main connecting to a point of service at existing MH #4-22B. Individual service lateral stubs to each property in the John W. Dreps Bay Road Subdivision have been installed for connection as the properties develop. These collection sewers will become the responsibility of the Town of Queensbury Wastewater Department and are included in the proposed District facilities. Based upon the NYS DEC standard wastewater generation rate of 0.10 gallons per day (gpd) per square foot of office building floor space and assuming 7,000 sf per lot for each of the 5 lots, the proposed Sewer District Extension will produce a projected wastewater flow of 3,500 gpd. The existing downstream, receiving sewers consist of an 8” gravity sewer stub located on the east side of Bay Road just north of the entrance to Stewarts and continues south on Bay Road to Cronin Road. All wastewater generated within the District is collected and flows to the primary sewage pumping station on Meadowbrook Road. It is then pumped through a 12” diameter force main (westerly of Quaker Road and then south on Bay Road) to Sanford Street in the City of Glens Falls where it discharges to the City sewer system. The Town’s Wastewater Director has indicated that the Town collection 346 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 system receiving the flows of this proposed Sewer District Extension has adequate capacity to transport the expected flows to the City of Glens Falls Wastewater Treatment Facility which ultimately provides treatment for the Town of Queensbury wastewater and the proposed flow fits within capacity limits the Town has already contacted for from the City of Glens Falls. All such Sewer District Extension improvements are more specifically delineated in the Map, Plan and Report. The cost shall include a buy-in to the City of Glens Falls Wastewater Treatment Plant in the amount of $3,500 ($1 per gallon fee x 3,500 gpd) due at the time of initial hook-up. 4. All costs of construction, legal and engineering fees shall be the responsibility of the developer, John W. Dreps and are not intended to be shared by other users within the Sewer District in accordance with a formula delineated in the Map, Plan and Report. The improvements shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, any State laws or regulations, in accordance with approved plans and specifications and under competent engineering supervision. 5. The maximum cost for the Sewer District Extension improvements will be $59,273. The areas or properties that comprise the Extension will be subject to the same cost for operation, maintenance and capital improvements as in the Central Queensbury Quaker Road Sewer District. 6. The estimated cost of hook-up fees to the typical property will be $3,000 to $5,000. The estimated annual cost of the Sewer District Extension to the properties will be $61.49 for a vacant lot and $122.98 for a developed lot plus approximately $994.64 for a special benefit assessment, which is calculated on a unit basis and set forth on the Benefit Roll, for a total estimated annual cost of $1,056.13 for a vacant lot and $1,117.62 for a developed lot. Since there are none, the estimated annual cost for a one or two family home would be $0 for debt service and approximately $0 per year for sewer rents for a total estimated annual cost of $0. There are no one or two family homes in the Sewer District Extension, so their hook-up cost would be $0.00. The proposed Sewer District Extension contains commercial class property; there is no residential property. 7. All future expenses of the Central Queensbury Quaker Road Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 8. The Map, Plan and Report describing the improvements, area involved and a detailed explanation of hook-up fees and cost of the District to the typical property, and, if different, the typical one or two family home, is on file with the Queensbury Town Clerk and is available for public inspection. 347 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 9. The Town Board shall meet and hold a public hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, April 16, 2007 to consider the Map, Plan and Report, hear all persons interested in the proposal and take such other and further action as may be required or authorized by law. 10.The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 11. The Town Board hereby authorizes and directs the Town of Queensbury Executive Director of Community Development to advise the Town Board of any environmental impacts at the time a SEQRA review is conducted. 12. The Town Board hereby declares that this action is an unlisted action pursuant to 6 NYCRR 617 et. seq., and declares itself the Lead Agency. The Town Board further authorizes and directs the Executive Director of Community Development to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION ACCEPTING MAP, PLAN AND REPORT FOR PROPOSED EXTENSION NO. 6 TO QUEENSBURY TECHNICAL PARK SEWER DISTRICT RESOLUTION NO. 165, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION 348 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District (hereinafter the “District”) to be known as the Queensbury Technical Park Sewer District Extension No. 6 (hereinafter the “Sewer District Extension”), and WHEREAS, a Map, Plan and Report has been prepared by Jarrett-Martin Engineers, PLLC, engineers licensed by the State of New York regarding the proposed Sewer District Extension to permanently serve: 1) the West Glens Falls Emergency Squad’s new emergency medical services building, 2) a new apartment complex developed by Schermerhorn Residential Holdings, LLC, 3) commercial development along the proposed Main Street Connector Road, and 4) an additional parcel on Luzerne Road near the City of Glens Falls boundary owned by Laconia Realty, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board wishes to accept such Map, Plan and Report as the Map, Plan and Report for the proposed Sewer District Extension and file such Map, Plan and Report in the Queensbury Town Clerk's Office and make it available for public inspection, and WHEREAS, the consideration and proposed adoption of this Resolution is an action under the New York State Environmental Quality Review Act (SEQRA) and the Town Board hereby declares that this action is an unlisted action pursuant to 6 NYCRR 617 et. seq., declares itself the Lead Agency and declares that there are no other involved , agencies NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the Map, Plan and Report referenced in the preambles of this Resolution prepared by Jarrett-Martin Engineers, PLLC, regarding the establishment of the proposed Queensbury Technical Park Sewer District Extension No. 6, and authorizes and directs that the Map, Plan and Report be filed in the Queensbury Town Clerk’s Office and be made available for public inspection, and BE IT FURTHER, 349 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 RESOLVED, that the Town hereby issues a Negative Declaration in connection with its findings pursuant to the State Environmental Quality Review Act (SEQRA) as codified under 6 NYCRR Part 617 et. Seq., relative to the adoption of the proposed Resolution, whereby the adoption thereof constitutes an Unlisted Action that will not have any significant adverse impact upon the environment. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO. 6 RESOLUTION NO. 166, 2007 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District (hereinafter the “District”) to be known as the Queensbury Technical Park Sewer District Extension No. 6 (hereinafter the “Sewer District Extension”), and WHEREAS, a Map, Plan and Report has been prepared by Jarrett-Martin Engineers, PLLC, engineers licensed by the State of New York regarding the proposed Sewer District Extension to permanently serve: 1) the West Glens Falls Emergency Squad’s new emergency medical services building, 2) a new apartment complex developed by Schermerhorn Residential Holdings, LLC, 3) commercial development along the proposed Main Street Connector Road, and 4) an additional parcel on Luzerne Road near the City of Glens Falls boundary owned by Laconia Realty, such parcels bearing tax map identification no.’s: ? 309.10-1-45 – Schermerhorn Residential Holdings, LLC (Deed Reference {Book/Page}: 3015/23) ? 309.10-1-83.2 – West Glens Falls EMS (Deed Reference {Book/Page}: 3015/264) 350 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 ? 309.10-1-83.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1477/192) ? 309.10-1-82.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1314/225) ? 309.10-1-84.4 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1302/77) ? 309.11-2-23 – Laconia Realty Corp. (Deed Reference {Book/Page}: 1415/254); such parcels located generally along Luzerne Road and the proposed Main Street Connector Road, and as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, by previous Resolution, the Map, Plan and Report has been accepted and approved by the Town and has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension in accordance with Town Law Article 12A and consolidate the Sewer District Extension with the Queensbury Technical Park Sewer District in accordance with Town Law §206-a, and WHEREAS, Part I of an Environmental Assessment Form has been prepared and presented at this meeting and the Town will act as Lead Agency and the action will undergo a coordinated review, NOW, THEREFORE, IT IS ORDERED: 1. The Queensbury Town Board shall hold a public hearing to consider establishment of the proposed Extension No. 6 to the Queensbury Technical Park Sewer District described in this Resolution to be known as the Queensbury Technical Park Sewer District Extension No. 6. 2. The boundaries of the proposed extension and benefited areas of the Queensbury Technical Park Sewer District include the West Glens Falls Emergency Squad’s new emergency medical services building, 2) a new apartment complex developed by Schermerhorn Residential Holdings, LLC, 3) commercial development along the proposed 351 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 Main Street Connector Road, and 4) an additional parcel on Luzerne Road near the City of Glens Falls boundary owned by Laconia Realty, such parcels bearing tax map parcel no.’s: ? 309.10-1-45 – Schermerhorn Residential Holdings, LLC (Deed Reference {Book/Page}: 3015/23) ? 309.10-1-83.2 – West Glens Falls EMS (Deed Reference {Book/Page}: 3015/264) ? 309.10-1-83.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1477/192) ? 309.10-1-82.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1314/225) ? 309.10-1-84.4 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1302/77) ? 309.11-2-23 – Laconia Realty Corp. (Deed Reference {Book/Page}: 1415/254); and as more specifically set forth and described in the Map, Plan and Report. 3. The existing Town of Queensbury municipal sanitary sewer along Luzerne Road extends from City of Glens Falls (hereinafter the “City”) owned property at the northwest corner of Veterans and Luzerne Roads, easterly to the City boundary. The sewer connects to the City municipal sanitary sewer system just east of the City line on Luzerne Road. New sanitary sewer to be constructed to serve this proposed Sewer District Extension will be 10” PVC along Luzerne Road and 8” PVC along the proposed Main Street Connector Road in accordance with Queensbury Wastewater Standards and “Ten State” Standards. The 10” sewer will extend west along Luzerne Road from the existing manhole to the southwesterly corner of Luzerne Road and the new Connector Road wherein an 8” PVC sewer will extend approximately 400’ south to serve potential commercial development along the Connector Road. The sewer along Luzerne Road will be installed at minimum grade to facilitate future sewer extension to the west. Plans and details for this new connection are shown on the Map, Plan and Report. Flows from this proposed Extension will be transported and discharged to the City of Glens Falls Wastewater Treatment Plant which has the capacity to provide the Town of Queensbury with the capacity necessary for this Sewer District Extension. 4. The cost of installation of sewer laterals shall be the responsibility of the property owners. Legal, engineering and construction costs to form the Sewer District Extension are to be paid by the property owners and/or grant funding for this purpose and members of the Sewer District will not be responsible for these costs. The improvements shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, any State laws or regulations, in accordance with approved plans and specifications and under competent engineering supervision. 5. The maximum amount proposed to be expended to form the Sewer District 352 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 Extension is approximately $220,000 which would be borne by the property owners. This estimate includes the capital cost of construction, as well as the one-time buy-in fee for capacity at the Glens Falls Sewage Treatment Facility (calculated at $1.00/gallon of average daily flow to be paid by district members when they join the district) in the following amounts: A.$150 for the West Glens Falls EMS; B.$8,800 for the Schermerhorn housing complex; C.$5946.60 for commercial development along the Connector Road; and D.$1,760 for the Laconia Realty Parcel. The current operation and maintenance use fee in the district is $3.50 per 1,000 gallons of metered water usage. The property within the Extension will be taxed and/or assessed user fees for the operation and maintenance charges required for the entire district. All user fees and taxes will be based upon the same formulas as are presently used in the Queensbury Technical Park Sewer District. 6. The capital cost of the project will be totally financed and paid for by the property owners and/or grant funding and therefore, there will be no financing cost or tax increase in the existing Technical Park Sewer District. The operation and maintenance cost for the properties in the proposed Sewer District Extension are estimated to be: A.WGF EMS – 150 gpd x (365 days/year/1000) x $3.50 = $191.63 B.Schermerhorn housing complex – 8,800 gpd x (365 days/year/1000) x $3.50 = $11,242 C.Commercial development (3 parcels) – 5,946.6 gpd x (365 days/year/1000) x $3.50 = $7,596.78 D.Laconia Realty – 1,760 gpd x (365 days/year/1000) x $3.50 = $2,248.40 There are no residential properties in Extension No. 6. Therefore, typical costs for residential properties of varying assessments are not required. 7. All future expenses of the Queensbury Technical Park Sewer District, including all extensions included heretofore or hereafter established shall be a charge against the entire area of the district as extended. 8. The Map, Plan and Report describing the improvements and area involved and a detailed explanation of the fees and costs is on file with the Queensbury Town Clerk and is available for public inspection. 9. The Town Board shall meet and hold a public hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, April 16, 2007 to 353 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 consider the Sewer District Extension and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 10. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. Pursuant to Town Law section 209-f, the permission of the State Comptroller is not required. 11. The Town Board hereby authorizes and directs the Town of Queensbury Executive Director of Community Development to advise the Town Board of any environmental impacts at the time a SEQRA review is conducted. 12. The Town Board hereby declares that this action is an unlisted action pursuant to 6 NYCRR 617 et. seq., and declares itself the Lead Agency. The Town Board further authorizes and directs the Executive Director of Community Development to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH BARTON AND LOGUIDICE FOR PROVISION OF ENGINEERING AND OTHER TECHNICAL SERVICES TO QUEENSBURY TOWN BOARD, PLANNING BOARD, ZONING BOARD OF APPEALS AND DEPARTMENT OF COMMUNITY DEVELOPMENT IN REVIEW O F CELLULAR ANTENNAE APPLICATIONS RESOLUTION NO: 167, 2007 INTRODUCED BY: Mr. Tim Brewer 354 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in November and December of 2006, the Queensbury Town Board sought and received proposals for the provision of engineering technical services to the Town Board, Planning Board, Zoning Board of Appeals and the Department of Planning and Community Development; and WHEREAS, in December 2006, the Town Board reviewed all of these proposals and selected Vision Engineering, LLC as the Town’s Consulting Engineer; and WHEREAS, Vision Engineering LLC does not have the technical expertise to review antennae applications and therefore, another part time engineering consultant was selected, Barton & Loguidice who will work on a time and expense basis with all of the costs being paid by the Applicants for antennae applications; NOW, THEREFORE, BE IT RESOLVED that the Queensbury Town Board hereby authorizes the engagement of Barton and Loguidice for the sole review of antennae applications at an hourly rate of $135 per hour plus expenses; and the total review for co-location applications will not exceed a total review cost of $1,000.00 and the cost for new antennae applications will not exceed a total review cost of $7,500.00, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor to sign an Agreement for such services in form acceptable to the Town Supervisor, and BE IT FURTHER, RESOLVED, that the payment for such services shall be paid in full by the Applicants prior to any services being performed by the Town’s contracted engineer and that there will be no expense incurred by the Town, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. 355 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING INCURRENCE OF DEBT BY WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. FOR PURCHASE OF 2007 CHEVROLET TAHOE RESOLUTION NO.: 168, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it wishes to purchase a 2007 Chevrolet Tahoe on State Contract for a sum not to exceed $31,100, and WHEREAS, the Fire Company has arranged for a $31,100, 72 month installment loan with Glens Falls National Bank to purchase such vehicle, with payments to be made from the Fire Company’s operating budget, such monies already included in the Fire Company’s approved 2007 budget and Agreement with the Town, and WHEREAS, the Town Board feels that this new vehicle will provide additional safety protection for the Town and therefore the Town Board wishes to authorize the incurrence of this debt by the Fire Company, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the incurrence of $31,100 in debt by the West Glens Falls Fire Company, Inc. for the 356 REGULAR TOWN BOARD MEETING 04-02-2007 MTG. #12 purchase of a 2007 Chevrolet Tahoe on State Contract, as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee the debt with Glens Falls National Bank on behalf of the Fire Company, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Fiscal Manager to take any necessary action to effectuate the terms of this Resolution. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 169, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. nd Duly adopted this 2 day of April, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury