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2003-07-21 REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 389 REGULAR TOWN BOARD MEETING JULY 21, 2003 7:00 p.m. MTG.#30 RES. 329-346 BOH 26-27 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS COMPTROLLER HENRY HESS WATER/WASTEWATER SUPT. RALPH VANDUSEN DEPUTY WASTEWATER SUPT. MIKE SHAW WARREN COUNTY SUPERVISOR NICK CAIMANO WARREN COUNTY SUPERVISOR RONALD MONTESI WARREN COUNTY SUPERVISOR FRED CHAMPAGNE PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BROWER 1.0 QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 329.2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 21st day of July, 2003 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None 1.1 PUBLIC HEARING - SEWER VARIANCE - JAMES POLUNCI Notice Shown Supervisor Brower-Is there an engineer or somebody representing Mr. Polunci at this evenings meeting? Sir, would you come forward and simply state your name and address for the record. REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 390 Mr. Antonio Abrantes-With the Company Cutting Edge Group Supervisor Brower-Will you pull that closer to you so that your remarks will get on the record. What was the name of your firm? Mr. Abrantes-The Companies name is Cutting Edge Group LLC. Supervisor Brower-Thank you, I have heard of your firm. You are the engineer for the applicant? Please just brief the board again, once again on the project. Mr. Abrantes-It is a complete upgrade of the septic system. The house work will exit the existing plumbing in the house to a new thousand gallon septic tank to a new distribution box and then to approximately twenty eight linear feet of elgin pre- engineered system. The location is right where his existing system is. The reason why we were asking for a variance is because the septic system will be within twenty feet of Mr. Polunci own foundation. Supervisor Brower-At 74 Ash Drive. At this time Darleen would you read the letter into the record from Dave Hatin. Town Clerk-Darleen Dougher- July 21, 2003 Town Board RE: Sewage Disposal Variance for James Polunci 74 Ash Drive Dear Board Members: Mr. Polunci is proposing to install a new septic system that will meet today's Codes. However, he will not be able to meet the setback from the existing foundation of his residence. Given the fact that the wells in the area limit Mr. Polunci's available property, this is the only location on his property where he meets the distance separation from the neighbors wells without requiring variances to their wells. In order to place the system in another location on the property, he would need additional variances and not meet the setback to the neighboring wells. I trust this will answer all your concerns. If not, please don't hesitate to contact me. Sincerely, TOWN OF QUEENSBURY ISI David Hatin, Director Building and Code Enforcement Supervisor Brower-I will ask you to have a seat Sir, and I will at this time I will open the public hearing to any residents that would care to comment on the application before the board at this time. Would anyone care to speak? Yes, Sir. Please start off by stating your name and address for the record, please. REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 391 Mr. Bill Miller-My name is Bill Miller I am speaking on behalf of my son Michael Miller who owns the property next to Mr. Polunci. My sons property and Mr. Polunci property there is a ten foot right of way that has been deeded back in the 60's I believe. I did not know whether this ten foot right of way is going to make a difference how he is and where he is going to put his new septic system. Does the right of way as far as I understand it, is five foot on his property and five foot on my sons property making it a ten foot right of way permanent right of way right from Ash Drive down to the lake. Now, Supervisor Brower-That is your driveway I assume? Mr. Miller-That would be it, the driveway egress and ingress, right. Now, is there a side setback as far as his septic system or any septic system on a piece of property? Supervisor Brower-Does it show a right of way, guys? Councilman Turner-No. Where is it, can you show it to us? (Mr. Miller came forward and spoke to the councilmen using a map of the area) Councilman Boor-Nothing is in the right of way within ten feet of the property line the way I see it. ..it is from the house not the property line, he is seeking relief from his own foundation. Mr. Miller-But it is the garage foundation it is not the house foundation. Councilman Boor-No, this is what we are talking about I have a problem with it because it is the house foundation, it is right here. I do not mind if the tank is there but I don't, I am not crazy about the leach field. But anyway it is not in the right of way. Mr. Miller-What I am asking is there a side set back as far as... Councilman Boor-He meets that. He is not seeking a variance from the property line set back, it is from his own foundation. (using map) ...he is not in this, it is not between here so he is legal in that respect. Mr. Miller-This is his house and this is the garage. Councilman Boor-Correct. Mr. Miller- Where is he putting the system? Councilman Boor-Right here. Mr. Miller-Between the house and the garage? Councilman Boor-Yes, and that is why, that is what he is seeking relief for. Mr. Miller-his well is right here? Councilman Boor-his well is over here. Councilman Brewer-He is moving the well. Mr. Miller-That is all I want to be certain of is ... REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 392 Supervisor Brower-Would anyone else care to comment on this application before us at this time, if so please raise you hand and step forward. Seeing none I will close the public hearing. ...I would like to ask Board Members if they have any questions? Councilman Boor-I do. Is there a cellar in this house? Mr. Abrantes-No. Councilman Boor-Is there any way that the tank could be where the leach field is and the leach field where the tank is? We have often granted variance for the tank but I think this is the first time I have seen it where the leach field itself is within five feet of the house. Mr. Abrantes-There is a reason why the leach field is in that particular spot, that spot there is currently a driveway and I guess to maximize the amount of driveway space that Mr. Polunci has which is very limited I put the septic there. That way I do not have to worry about the engineered system being trampled on, which is a very critical engineering aspect of this system. Councilman Boor- I understand it is a shallow system. Are you saying that the driveway would be, the driveway is not on our drawing, I do not know where they enter the garage on this property. Could you show us on our map. Mr. Abrantes-That would be right at the end of the septic system or the septic tank would be partially on the driveway now. Councilman Boor-Do we allow that? Do we allow Councilman Brewer-Yep. Councilman Boor-I do not think that we allow that so would need an additional variance for that also. Councilman Brewer-What do you mean we do not allow that? Councilman Boor-I do not think you can drive over septic systems. Councilman Brewer-Yea, you can. Mr. Abrantes-It is not his driveway this is just where he walks. Councilman Boor-I thought you said it was his driveway. Mr. Abrantes-That is the end of his driveway where that tank is, I wanted to minimize the amount of foot traffic. Supervisor Brower-Further questions of the applicant? Councilman Brewer-I have none. Councilman Boor-Is there a reason why it can't go to the right on our drawing, the leach field? Mr. Abrantes-On the right Councilman Boor-The side of the house opposite the garage is there a reason why you can't have the tank and the leach field over there? REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 393 Mr. Abrantes-On the left side of the garage? Councilman Boor-Well, I don't know, ...the opposite side of the garage, you have the garage, the house and then you have a portion of the yard that has nothing and I am wondering why that wasn't utilized for the leach field and tank? Mr. Abrantes-I am looking at drawing 2 of 3 and the hatched area is Councilman Boor-That is what we are looking at. Mr. Abrantes-Areas that are within a hundred feet of a well the non hatched our outside of 100' . Councilman Boor-Oh there is another well over here. Ok. That is about the only place they can put it then. Councilman Brewer-That puts it pretty much in a location where you really can't get a vehicle to it. You could but... Councilman Turner-Is this a year around residence? Mr. Abrantes-Yes. Councilman Boor-The new well location those hatch lines, are there any other wells that fall into that area? Mr. Abrantes-The different radia that you see are different wells so is you turn to sheet one it is a more, the scale is one to forty feet and it will show the location of four different wells. Those show the one hundred foot radius. Sheet two is just a blow up. Councilman Boor-Because it only show the hatch marks for it looks like two wells on the sheet and actually the third well would ...another area it appears. I do not have anymore questions. Supervisor Brower-Any other questions? Hearing none I want to thank you. I will ask the Board if there is a motion? RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF JAMES POLUNCI RESOLUTION NO.: 26,2003 BOH INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, James Polunci filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health authorize Mr. Polunci to install a new septic system five feet (5') from the foundation instead of the required twenty feet (20') setback on property located at 74 Ash Drive, Queensbury, and REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 394 WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance request on July 21 st, 2003, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance granted is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the application of James Polunci for a variance from the Sewage Disposal Ordinance to allow Mr. Polunci to install a new septic system five feet (5') from the foundation instead of the required twenty feet (20') setback on property located at 74 Ash Drive, Queensbury and bearing Tax Map No.: 289-17-16. Duly adopted this 21 st day of July, 2003 by the following vote: AYES NOES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 395 RESOLUTION NO. 027.2003 BOH INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting. Duly adopted this 21st day of July, 2003 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None QUEENSBURY TOWN BOARD MEETING 2.0 PUBLIC HEARING - MOBILE HOME - BARBARA AND CHARLES INGRAHAM NOTICE SHOWN Supervisor Brower-Is the applicant present by any chance? Mr. Ingraham, good evening. Just state you name and address for the record, please. Mr. Charles Ingraham-My name is Charles Ingraham 29 Sunset Avenue, Queensbury, New York. Supervisor Brower-It is my understanding Mr. Ingraham that you are going to replace your existing mobile home with a new one? Mr. Ingraham- Yes. Supervisor Brower-It is basically on the same site? Mr. Ingraham- Yes it is. Supervisor Brower-Further questions by Board Members at this time? Councilman Boor-The only question that I have is in here it says it will go exactly where the old one is and that sounds good but I am, I think the assumption there is that there is not a better location. Maybe there isn't. I am not saying you should I am just curious? Mr. Ingraham- I wish I had a larger piece of land so I could move it, but, the land is only 45' wide by 115' deep that is, I cannot move it over to the opposite site because of the septic tank and I to have a variance for the seepage pits instead of the regular seepage. I have the really thick heavy covers on the pits, so, it would not hurt if had to drive over them or something. Supervisor Brower-Any further questions of Mr. Ingraham at this time? Hearing none I want to thank you and I will ask you to have a seat and at this time I will open the public hearing and ask if there is any party interested in commenting on the application before us to locate a mobile home outside of a mobile home court? REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 396 Seeing none and hearing none I will close the public hearing? Ask Board Members if they either have further questions or would propose an action. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR BARBARA AND CHARLES INGRAHAM RESOLUTION NO.: 330,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts in accordance with Queensbury Town Code 9113 -12, and WHEREAS, Barbara and Charles Ingraham filed an application for a revocable "Mobile Home Outside a Mobile Home Court" permit to replace their mobile home with a new model mobile home on property located at 29 Sunset Avenue, Queensbury, and WHEREAS, the Town Board held a public hearing concerning this application on July 21st, 2003, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a revocable permit to Barbara and Charles Ingraham in accordance with the terms and provisions of Queensbury Town Code 9113-12, with the following conditions: 1. the Ingrahams shall replace their existing mobile home with a newer model; 2. the replacement mobile home shall be the same size and be in the same location as the existing mobile home, and 3. the Ingrahams shall provide the make, model and serial number of the new mobile home to the Town of Queensbury at the time of the building permit application. Duly adopted this 21 st day of July, 2003, by the following vote: REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 397 AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None 3.0 CORRESPONDENCE 3.0 Building and Codes Report - June 2003 4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 5.0 OPEN FORUM Warren Co. Supv. Ronald Montesi-6 Cobblestone Drive re: Park at Quaker and Bay Road Noted the need for flowers to dress up the corner...requested that this be looked into, noted the need to make it more attractive. Supervisor Brower-Noted the Marilyn Reba has put out a memo to Mandy Spring Farms She believes that they shorted us several hundred plants that were supposed to be planted on that corner and she has asked them to correct the situation. Noted there are some sprinkler head adjustments that have to be made and some other things that she has addressed in a letter she sent out Friday. Mr. Daniel Olson-29 Carlton Drive I would like to talk about an issue a resolution that I see that is going to come up later on, it is a resolution requesting and authorizing Warren County to retain sales tax revenues and off set property taxes. I am in sure in laymen's terms that means that the contribution from the sales tax that would come to the Town of Queensbury directly would be used to off set the County taxes, the taxes from Warren County to Queensbury taxpayers. I would like to go back a few years, quite a few years in time and give you a little history of how some of this started, why some of this, a lot of this money comes to the Town of Queensbury. Town Supervisor at that time was Fran Walter I was fortunate to serve on the Town Board along with Fran and others Supervisors. A lot of tax money was coming into to Warren County a lot of sales tax money was coming into Warren County. We as a Town Board back then got looking at that sales tax money looking at the amount that was generated in the Town of Queensbury and we could not quite figure out where it was going, quite frankly. It went into the County, it went into the County coffers you might say and it got spent here and there and it went all over Warren County but the actual share a percentage of that share from Queensbury never came back to Queensbury. So, we lobbied we found the State laws we found the proper procedures the Town Board to take their sales tax money in cash that was generated in the Town of Queensbury, it has been very successful every sense then. At that point we were able to reduce the Town tax to zero. There was money left over at that time. Fran's comments and I supported her and I will support her again today and I will make my own comments that the money was left over at that time it was generated by Queensbury taxpayers in the Town of Queensbury I should say. It should come back to the taxpayers in Queensbury. I think this is what we should be looking at today or this evening if you act on one of these resolutions, here. From what I read in the paper and what I have been told the Town has an excess or an approximately ten million dollars in surplus, surplus funds. That has been generated by running a good government a tight ship by sales tax mainly, the growth of the Town of Queensbury and the taxes generated in REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 398 Queensbury. For that money that has been generated I think and I would recommend that this Board strongly consider, if we have ten million dollars in a surplus fund that is great, but I think the Board should be able to give ten percent of that back to the residents of the Town of Queensbury so I would support in asking you to consider a million dollars a resolution authorizing a million dollars to go back to Warren County to help out the residents of the Town of Queensbury. We are in a time when some money any amount of money that goes back to the taxpayers is a help. The Federal Government has been doing that, the Federal Government is trying to get money back into the taxpayers hands, back into their households, maybe in their spending recesses. I understand that based on some figures again the paper, the amount of money isn't a huge chunk of money that each taxpayer would receive but it is something. They would receive a form of a rebate or reduction in their County taxes, some sort of money. Lets look at the balance of this year, we have in five months the end of July Home Depot will be opening up, that is five months this year, that will be new sales tax coming in there. There is already plans and expansion of the Aviation Mall for the Target Store to locate there. I know my wife and my daughter and daughter in law drive to Saratoga to shop at Target so they are going to shop in Queensbury when that store is built. You drive down Quaker Road, there is a new automobile agency redo or restructuring a building on Quaker Road right now, pretty soon they will start construction for a new car agency, which brings in a lot of sales tax. There is all kinds of growth say nothing about the Walmart expansion. That store and grocery store will about the double in size from what it is today and I have been attending several meetings, Planning Board and Zoning Board meetings on the Walmart development, not that we are against development we just against how they are doing it and we want to try and improvement living conditions in our own neighborhood and living conditions in the store from what they are today. People from Walmart tell us they expect, their projects are that people will be coming not only from Washington County they will be coming from Vermont, they will be coming from northern Warren County, Essex County, Franklin County to come to shop to Queensbury Super Walmart. When those people come in the town to shop they are not just going to shop at Walmart they are going to shop they are going to go to the Mall they are going to go to some other stores, outlet stores whatever it is they are probably going to buy a meal or two here before they head back home to wherever they came from. So, all this generates more and more sales tax which is great, it is good. What I am saying is that I do not think a million dollars is unheard of today it is only ten percent of what your holding in the kitty. I think you could justify that returning that to the Queensbury taxpayers. The growth, again from Home Depot, Walmart, Target, another car agency there is another car wash going in on Quaker Road which is a big company out of the Albany area they do, they are big business people they do a big job. I am sure this car wash will just be the beginning of some of their other ventures that they operate. I think you are going to see so much more sales tax coming in, in the future that it is going to be hard to estimate what you are doing. I do not think you are going to be hurting by giving a substantial reduction or rebate back to the County to apply toward Queensbury taxes. That is all I have to say and thank you very much. Thanks for your time. Supervisor Brower-Thank you, Sir. Would anyone else care to address the Board this evening? Mr. Joe DuPuys-Sweet Road, Queensbury I believe it was July ih I approached the Town Board and gave them some figures that they were not aware of and we had asked that the Comptroller look into to see if those figures were a reality, to date we have not received an answer back from the Comptroller or the Supervisor, I was just wondering what the outcome was of that? Supervisor Brower-I have not done any further research on that at all. Mr. DuPuys-Mr. Hess you think you would have the answer? REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 399 Supervisor Brower-I doubt it. If you would like the answer you ought to see him during office hours. Mr. DuPuys-I was just curious because we come up next week, to date we still do not have an answer. We were going to look into to see if in fact there was a hundred and fifty seven thousand dollars into the unreserved funds still left in the emergency service tax. Warren County Supervisor Nick Caimano-36 Surrey Field Drive Queensbury also for the record a Warren County Supervisor at large from Queensbury I am here also on your 6.11A or B which ever it is to be to encourage this is my third visit, to encourage you to do just that, give back the million dollars to the taxpayers. I do not know whether you are aware of but the Lake George keeps back over a million dollars and Bolton keeps back very close to a million dollars, and they have budgets that are considerably smaller than ours. I think it is within the realm of possibility. I heard an argument or at least I saw an argument I read an argument that said that well we do not want to give back this year and then we have to tax again next year. I do not think any of the residents would complain if you gave them back a hundred dollars and had to take something back next year, but I do not think that is going to happen. I think Mr. Olson, said it right and all of us that work here know that there is going to be an increase in sales tax revenue. Obviously the bed tax if that does what it says it is going to do it will allow us to put back almost a million dollars into the general fund which just makes the whole picture that much better. We are going to hope to hold the line at the County as you well know too, Dennis, so I would encourage it. I would encourage you to pass that resolution tonight and I would hope you would make it the million dollars, thank you very much. Supervisor Brower-Open Forum, Mr. Montesi Warren County Supervisor Ronald Montesi-I too would like to talk on the taxes and peer effect the County Supervisors are here to encourage that and I am as a citizens more than I am as a Supervisor. Yes, we do have no taxes in the Town except for special sewer districts, fire, water and school. Not much we can do about the school tax and that probably the biggest burden on us but here is a situation where what ever the number is any where from seven to ten million dollars in surplus and we are asking for a ten percent return which seems reasonable and I ask you to think about it because I think about it a lot up at the County when we are talking about the surplus that exists there. I say we got to have something for a rainy day, well what do we actually have to raise in taxes after revenue in the Town of Queensbury? Four Million, Five Million Henry? Comptroller Hess-We do not raise anything for the general fund. Warren Co. Supv. Montesi-If you have nine million dollars vs. ten million dollars what is the difference. If sales tax goes down the way of down the toilet so to speak it is not going to go down completely. So, we are always going to have something to work with. I really take exception to the argument that we are going to give it to them this year and take it away next year. I cannot see that happening in our community, especially with the scenario that Dan Olson just gave and that is there is tremendous growth in our community. I recognize that, up at the County Queensbury gets 34% of the sales tax revenue that is generated in our County. That is based on our assessment. We probably generate more than that and along with that we generate all the damn traffic and all of the environmental issues that can go along with that while some of the counties, or towns up north have the benefit of clean fresh air all of the time. So, that is a battle that we as County Supervisors always fighting for our fair share and recognizing the fact that we are in essence the golden leaf for the county. So, I urge you to consider this seriously and give something back to the taxpayers and if it is a hundred dollars based on a hundred thousand dollar value I think that is a wonderful thing for you, especially in an election year to be doing. Thank you. REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 400 Councilman Boor-You referred to the County having a surplus, how much surplus does the County have? What portion of that is unrestricted? Warren County Supv. Nick Caimano-The surplus will be somewhere under 7.8 million. Councilman Boor-That is unrestricted? I keep hearing the figure of ten million and I hope the audience realizes that almost half of that is in restricted funds. Warren County Supv. Nick Caimano-It is hard to say they are unrestricted funds, in the County budget, during the year expenses come up so your breaks fail you have to put a new bridge in so we will take a budget note out and that budget note is a ...surplus and we hope to build that surplus back up, all of that money when you say it is restricted it is in a sense we cannot go below a certain number. Warren County Supv. Montesi-What you are saying Roger, we need to know that if the Town is anticipating building lets assume a new pool, and lets say it is up a Jenkinsville Park or in West Glens Falls they are anticipating building a new pool and that would be a million two. Well if you take a million two out of your surplus and put it into a Capital Fund that says this money is restricted in a sense that it is for a new pool and then take it out of surplus you do not have ten million you are eight million. But, the public needs to know that and needs to know what is coming at them. If you just say we are going to do that put it in a fund, you need to put it in a restricted fund and it is a capital fund only for that. Councilman Boor-The best example that I can come up with is not a pool which has kind of a luxurious, ...1 will give you a million and a half dollar restricted fund and that is the landfill that we hold in case that landfill fails because we have the Water Superintendents here and it would be six million dollars for the Town of Queensbury to bring water to that area if that landfill fails. So, we hold one point five million in a restricted fund which is being included into this surplus. That's really not money that is at our discretion to spend. Warren County Supv. Montesi-What you are saying is if the landfill fails that you would have to run a water line from Cronin Road up to the landfill and provide it around the houses around the landfill. That is a justifiable thought but I am not sure.. Councilman Boor-It is a restricted fund and its not for a luxurious notion it is for the event of something that could happen. That landfill could fail and contaminate water. The Town would be on the hook to get drinking water to that area. We hold less than twenty percent of the cost and that is one point five million. The point I am trying to make is I think you are going to see that money is going to come back but the notion that we have ten million dollars that we can just give back is not really correct. Warren County Supv. Montesi-Maybe it isn't but I am not sure the general public is aware of how much of the ten million is in restricted funds. Supervisor Brower-Actually that is one point nine million is reserved for the possibility of a contamination. Warren County Supv. Montesi-I am well aware of that because there was a time when I was serving on the Town Board twelve years ago where the wells around the landfill when it was open were rusty and we did an incredible amount of testing probably five or six thousand dollars worth of testing on those homes. Fortunately for the town and for those folks there was not anything but rust in the water and filters solve that problem. I know that at the time Joe Kestner we did so a survey to run that line up there just to see, I know there was a couple of pump stations along the way too, to get the water up there. A million nine that is fine, that is justifiable in my mind. REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 401 Councilman Boor-I am not trying to make an argument one way or the other it is just this ten million number getS thrown out there and I do not want the public to think that this is just a slush fund that we can just... Warren County Supv. Montesi-Then you need to, the public needs to know what the real number is. Councilman Stec-The one resolution Ron that I have seen the alternate resolution, says that six point two million dollars is complete free and clear. To further qualify where this ten million dollar number is coming from I have the year end financial report that a professional CPA prepares for us and I do not deny that you know there is a one point eight and change for the dump closure and a three million dollars sitting in a capital reserve fund that we created two years ago and haven't spent any money from yet. But, on page five of the audited report that we just got in December 2002, ending fund balance for the year was ten million twenty five thousand eight hundred and sixty seven. For a comparison two years previous to that I happen to grab the end of the year 2000 ending fund balance was seven million thirty one thousand four hundred and twenty nine. So, almost exactly three million dollars. Now, we have moved around some of this stuff and with the Town Board we can always move this stuff around again, but the words I used a week ago was that my numbers are directionally correct. It has gone up by a million dollars number each year for the last several years. We can argue you know, four million of it has been ear marked for something else it has been earmarked but it has been unspent. So, is it there, isn't it there is the money is the cash in the bank, the cash is in the bank. Supervisor Brower-Is there anyone else care to address the Board during open forum? Mr. Champagne. Warren County Supervisor Fred Champagne-Thank you Mr. Supervisor members of the Board. Fred Champagne, live at Lake Sunnyside I am not so sure that I am going to repeat what these gentlemen have already said, but, since I came in late obviously. I really did not get the full value of their presentation. A couple of issues that I think are critical in your determination here as to just how you best feel we can assist the County in what we consider to be un-funded mandate. I am sure you have heard that from the previous speakers. I am sure Nick has done an excellent job in trying to outline the kind of costs associated with those State required mandates if you will vs the non funding and the lack of dollars that are coming down our way. I just need to remind you that we are in some serious, serious economical situations not just in Warren County in the Town of Queensbury but I guess Country wide. As a result of that it just appears to me that in every way possible that we could even dream of that we need to be looking for some way to reduce that tax burden on our taxpayers. Now, I will also add to that the fact that in my own personal opinion that those people who benefit from any of those capital projects that you already have assigned those dollars to, if they are going to benefit from those then it seems to me as if those people should be paying for that benefit. Don't use my tax dollars that you have been accumulating over the course of the past several, several years in order to fund those projects that you looking at down the road. Now, although I have not seen a complete list of all your capital projects that you have identified I can tell you that I am aware that a couple of them at least are on the same book, that was that some book that was there during the Champagne ten year, was there during probably the Borgos ten year and probably even prior to that. Whether, if you are going to build a new road up through Cleverdale or Pilot Knob that project has been on the books since I can remember. If you have a Capital project tell us when you are going to complete it that would satisfy me to no end. If I knew that you were serious as a board to take those dollars that you have accumulated over the course of time and invest those tomorrow in a project that some of us mayor may not agree with but at least we know then, that is where those dollars are going. We do not know that now. I can tell you from my experience that every year there appears to be again an additional fund balance or surplus funds coming into the Town, that is a given. Rather than finding ways of spending it, it just appears to REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 402 me that in this particular event, this year, whether we do it next year or not who knows. The trash plant is in a process of hopefully becoming less costly the Great Escape hopefully will be adding some dollars to our revenue next year. All of these things add up to hopefully there is a little light at the end of the tunnel. But, I have got to tell you this year there is not much light at the end of the tunnel. We are in deep straights up there at the County as I am sure Mr. Brower will agree. So, with that said I would just like to think that you would give us some serious consideration and although the resolution here that are in front of you for this evening suggests that I guess there are two different amounts that you are going to be looking at but give it some serious thought. Thank you. Comptroller Hess-I just want to make one point of clarification because throughout the comments that have been made so far especially by the Supervisors from the County is that we are wavering between is this revenue enhancement for the County or is it tax relief for Queensbury and it is not intended to be revenue enhancement for the County it is intended to be tax relief for Queensbury. You have to put it in the perspective that Warren County raised their tax fifteen percent last year and Queensbury lowered it, it is one hundred percent two years ago. So, the plea if understood especially when you consider the source that it is not going to relieve your fifteen percent tax increases County wide it is only going to relieve it in Queensbury. Warren County Supv. Champagne-Absolutely, Thank you. I mean the Town of Queensbury taxpayer gets the relief and I guess that is why I am here representing the Town of Queensbury taxpayer. Councilman Boor-I think everybody is really pleased with the results from the Great Escape. I do not know if we know exactly how much money that will generate for the County but if we have twelve million dollar surplus at the County and I believe that the County is going to be doing better too, not just Queensbury. Is the County going to be lowering taxes? Warren County Supv. Champagne-Absolutely not, I think and this is my point I wanted to make with what Henry had to say. The situation at the County is not inflated giveaways whether it is salaries or purchasing properties or however you invest your monies or spend your monies. The issue that I am here tonight is the State as we all know, is running away from a lot of the responsibilities that they have had in the past. As the result of running away from those they are falling back on the County. They are not falling back on the Town certainly we would not be picking up rates to the tune of twelve or fifteen percent if it wasn't for the medi-caid the madicare the new pins regulations the handling now of everyone is going to be insured with health insurance. Those programs take money and the State if saying have a nice time, County. Councilman Boor-I will go out on a limb and ask a question that I do not have the answer for ok, but what is the budget at the County. Warren County Supv. Caimano-Eighty five million Councilman Boor-And you guys have twelve million in surplus so those are the two, that is what you said Warren County Supv. Caimano-I didn't Councilman Boor-You did not say that? Warren County Supv. Champagne-In fact those dollars that are Councilman Boor-So, you guys keep ten percent. REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 403 Warren County Supv. Champagne-He has a much closer handle on .. Warren County Supv. Caimano-Just let me answer two quick things. First, Henry proposition, if you remember Henry I did not say anything about ..answer for the County I specifically stayed away from that and said taxpayer relief. Just to give you one item and Fred said the budget, the taxes will not go down they will be increased. I put out a letter to all department heads just last week indicating that I wanted to make sure at the very least that we stayed under double digits. I will tell you why, no sooner had we made out the budget than we got hit with a bill which said that is nothing else changed, if we had no raiser for our employees if we had nothing else changed I got to go up four point one million dollars just in social service payments alone. That is just one payment that hit us. So, how could we, obviously we could cut the taxes by laying off people laying off services those kinds of things and those are always under consideration. We have fewer people working in the County now than we had three years ago, maybe it will be less, I do not know that. All I am saying is that before we open the door this year all of a sudden I am hit with four point one million dollars of additional social service expenses. That no one said well you guys do this please. They just said you will do this. Those are the things that hit us. Councilman Boor-I think it brings up a good point and unfortunately the way we run our meetings obviously we do not have public comment during the discussions on the resolutions so the only chance we are going to be to talk about this with County Supervisors is right now. I hate to, obviously we are not holding to the five minute rule because this is pretty important. I guess my question is I am hearing the taxes at the County level are going to keep going up and at that same time I am hearing that and Dan all the credit to you for bring this up because we probably would not be dealing or having this discussion if it hadn't been for Dan. I think there is differences in how we want to approach it but I am hearing that the County taxes are going to keep going up and I am also hearing that don't worry about it if you give it to us once don't worry about the fact that it is going to be a double whammy in the future and I am trying to..If we lower, if we take a million dollars now and give it back and the County portion goes up it may actually be zero benefit to the Town of Queensbury. They next year it is going to be double that because we are not going to have a million dollars so now, it has gone up again now it is two years it has gone up and now we are going back to what they were used to two years ago. Warren County Supv. Ciamano-That presumption is the same as the presumption that the taxes are going to go up at the County, we do not know that now we will not know that until we actually get into the budget process. Councilman Boor-The impression I got from I think all of you was that County taxes are going up and that the mandates are coming down the pipe and you guys you said four point one million and I am sure there are going to be other unforeseen so I think we can expect that you know the County taxes are going to keep going up. Warren County Supv. Caimano-AII the more reason why us, we are Queensbury at Large Supervisors are encouraging you the Queensbury Town Board to give our own citizens some relief by giving back that million dollars. Councilman Boor-And I, and Dan you can step in any time but I ... Warren County Supv. Caimano-We are not asking you to help us we are just asking to help the taxpayers. Councilman Boor-I think one of the approaches here is we are going to do that and we are going to do it on a yearly basis and if we keep coming in with more sales tax than the year before we can bump up this number and keep bumping it up and keep bumping it up and keep bumping it up and we will have a basis upon which to judge REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 404 are we going up are we going down where are we going with this. I get nervous on these one time things, because I do not see them eliminating the problem and that is the fact that the County taxes keep going up. So, if we can say to the residents of Queensbury, look we take it seriously you need relief and we are going to do it in a way that it doesn't kill you. We are going to give it to you every year and if the taxes go up, sales tax revenue for the Town of Queensbury is bigger next year than it was this year then you can anticipate that this rebate on 11B is going to be more than what it was. If it goes up the following year it will be more than that. Then if it starts losing we may inch it down a little. But, there will not be any wide fluctuations and you will be able to budget appropriately. Warren County Supv. Caimano-Well the reason ours was not higher was because of that jump in the sales tax and we continue to hope that we continue to have good tourism season and we have more jumps, yea we had a fifteen percent increase but when it started it was not anywhere near fifteen percent. Because we spent surplus because we had more tax dollars, sales tax dollars we were able to bring that down to a livable wage if you will, but nobody likes it. I would just as soon have no tax increase, I do not know if that is realistic, but that is what I would like. Councilman Boor-I view this Board as a essentially portfolio managers for the Town of Queensbury. A certain portion of it is dividend reinvestment. When we get a certain portion of those sales tax dollars are going to go into Capital Improvement Projects, because that is what allows us to bring in more sales tax. We get more people in and off the freeway going to the Great Escape, going to all the venues we have that brings in more sales tax. So, eventually we get into a situation where we are really looking good. That doesn't mean we can't be giving some back now but a wise portfolio manager would never just, you know that is like day trading. You make a big chunk and you just blow it, I mean that is crazy. Warren County Supv. Caimano-We do the same thing at the County level we maintain the bulk of the roads to make sure that tourist can come in and out safely we have the police department we have the social service department, we have the college, we have health services, all those things keep jumping up in costs and the interesting thing of course is that everybody at the County everybody in this County wants a 100% of the services for only a portion of the costs. Councilman Brewer-You are making the assumption that the County taxes will keep going up and you want to give a small portion every year and maybe raise it but you are not considering the history that has been shown here that are revenue has gone up over a million dollars every year consistently. So, to say we can't who is to say that we cannot give a million dollars back next year with all these issues that have been brought forward with the new car dealerships with the new Target, with the new Home Depot etc. etc. that we might be able to do another million dollars next year. Councilman Boor-We might very well be able to and that would be great, don't think it is not something, I would love to be able to give a million dollars a year. Councilman Brewer-You can, 6.11A you can say yes. Warren County Supv. Champagne-It is not that I am looking forward to the final word but you know if the surplus is there today Roger and if you were to do the million dollars as of January 1st. and then for whatever reason things went to hell sometime in 2004 I think that the people that are out there in the Town of Queensbury would certainly appreciate what we are doing this year and then we are going to worry about it in 2004. Good things could happen between now and 2004. I know that, that million dollar additional revenue that is coming in on an annual basis. Those additional dollars they are taxpayers dollars, they belong back to the taxpayer. You may have all the dreams in the world about Capital Projects but they do not happen over night Roger. They just do not happen over night. REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 405 Councilman Boor-But, I think another thing that is also very important to understand is I think we should give back as many tax dollars that come out of their pocket but lets not assume that tourists dollars originate locally. That money comes from out of the area and I would like to see that money used for Capital Improvement Projects. That is not coming from our pocket that is coming from New Hampshire, Maine, God only knows where. Warren County Supv. Champagne-My only comment to that is for those of us that live in the Town of Queensbury as yourself and have for many, many years and the tolerance we have to have for those sales tax dollars coming into this Town and County we are deserving of something better than Councilman Boor-Better intersections, better highways, better bridges and that costs money. Councilman Brewer-And redo those things on a routine basis. Warren County Supv. Montesi-This for the third time, I would like to share some real good news with you, and get off this tax thing. I serve as the Chairman of Soil and Water for Warren County and as of today we are all set to start the dredging project on Glen Lake. We were down in Stillwater and have made the contractual agreements for the dredge. We have the insurance necessary for the dredging project, we have the curtain that will be going up the turbidity curtain, we have gotten parcels of land from our residents there. We have actually leveled a whole acre of land that is going to be dewatering site. Then there is a reclamation process that will go on after words. We have fifty six neighbors that have contributed to this plus the Town of Queensbury. What we did at Soil and Water was the easy stuff, we got a permit from DEC and a permit from the Army Corp. of Engineers to get this project going. That is a wonderful project for the Town of Queensbury and for Warren County Soil and Water. Councilman Boor-I would not down play it you guys did a great job because it was something that we couldn't do. Supervisor Brower-They also did a ...survey which was essential prior to the project being moving forward. Warren County Supv. Montesi-Soil and Water has done some work on Halfway Brook and we still have the project that we will be doing in the Town of Queensbury on Hovey Pond with that nature walk out into the marsh land and also on the books our Soil and Water people are working with Harry on Hiland Park and that walking nature trail. So, there are some real positive things that are going on they all seem to be recreational oriented. I think it is a win, win for Glen Lake and hopefully if this things works we might necessarily look at other parts of Glen Lake. It is a wonderful project and thanks. Supervisor Brower-Others? Mr. David Strainer-My name is David Strainer I live at 1124 Ridge Road Re: Res. 6.3 Noted he hoped that the Board voted for the purchase of the Humvee, noted that they have it in their budget and it is not going to cost us anything. RE: Great Escape Sales Tax I would like to commend John Salvador he is the one that brought it to the County and to the Town and was diligent in keeping every one focused on it. I would like to publicly thank John. Supervisor Brower-Mr. Salvador Mr. John Salvador-Re: The sales tax Mr. Caimano deserves the credit he tipped me off. Re: County retention of sales tax When this subject first came up it occurred to me there was a way to give the Queensbury Taxpayer direct relief and that was to find a REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 406 way to melt our fire district into the Town Government. Noted it is a town wide district to begin with, all taxpayers pay the same, every taxpayer gets the services and it does not seem to me to be any reason why we can't melt that into our General Fund. Noted the Town of Lake George does it this way. If we could do that we could use the million dollars to reduce the fire tax. I would not have to pay tax on underwater land that is not likely to burn, Mr. Superrvisor. Supervisor Brower-Yes, Travis Mr. Travis Whitehead-Travis Whitehead, Brookshire Trace in Queensbury Re: Taxes The fact that we have ten million dollars extra is really not something to be proud of but it actually demonstrates that you know there is a problem here. I think to address this problem we need to get to the route of that problem and rather than introducing artificial numbers like we are going to rebate this or we are going to rebate that it really seems to be that the errors accumulated over the years from underestimation of the sales tax revenue. For you to be discussing three hundred and fifty thousand dollar rebate, million dollar rebate this or that without also addressing at the same instant what you are going to suggest next year that the budgeted sales tax revenue be makes no sense at all. If you look at that budgeted sales tax revenue and the under estimate over the last ten years. You have to go back over ten years to find one spot where it was actually over estimated. It was underestimated by a million last year, seven hundred thousand, the year before that one point seven million, one point two million, seven hundred and seventy seven and seventy seven thousand. What you are seeing is someone shooting at a target and he is always to the right. You have got to bring that back to the center and you have a slush fund there to keep it to the center in case it goes either way. For you to continue to shot to the right, year after year after year is wrong. You have to be aggressive on attacking that number and making it more reasonable. Last year you collected six point eight in actuality you budgeted five point seven five. I would like to know what you are going to do next year. It has been going up ever year you ought to be at least budgeting seven million to collect. If you fall short you got over ten million in slush to go on with the other. If you fix the problem and you get on target you will not get into the miss in the future and I think it would be fair for all the residents of the Town. Councilman Boor-Your point is well taken but I do not think it addresses the problem that we do well here. In other words what is the solution, if we cannot lower the sales tax rate at the County. Mr. Whitehead-I am saying you estimate, you consistently underestimate what the revenue is going to be, year end and year out. Last year your were under by over a million, the year before that under by over seven hundred thousand. If you are going to hit the target some years are going to be over some years are going to be under, and yet your consistently being very conservative in your estimates in order to end up with a surplus at the end. Councilman Boor-You are not suggesting that you want us to spend that are you? Mr. Whitehead-No I am not. Councilman Boor-So, we have the problem, we make a lot of money in sales tax that is considered a problem by some. Mr. Whitehead-If you estimate that you are going to collect so much then you will not have to tax so much. If you estimate that you are going to collect more then you have to take less from our pockets. Councilman Boor-I think that is what both of these resolutions are actually trying to do. REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 407 Mr. Whitehead-I think it does but it adds another level of complexity to the whole thing rather than getting to the heart of the matter which is this over consistent underestimate of what the revenues are going to be year end and year out. Councilman Boor-What would you want to do, would you want to do it over time or in one lump sum. That is what your choices are here. Mr. Whitehead-What I am saying you get right on target there are going to be some years you are going to be over and some years you are going to be under, now this year you happen to be over then, say you are over by five hundred thousand ok you said it was going to be seven point five million we are going to collect and you only collect seven well now you are going to have to make that five hundred thousand up from some place and that would come out of the slush fund. You have a ten million dollar slush fund in there already, that is what I think it is there for. We estimated five point seven five million that we would collect and we actually collected six point eight last year that is what keeps on building this surplus. Councilman Boor-That still doesn't answer the question of do you spend it or do you give it back. Mr. Whitehead-That is a different issue, spending, you spend it on good things that make sense for the people and that is a separate issue. Mr. Monahan-I think is does not realize you do not have a town tax... Councilman Boor-We do not have a town tax we do not have a mechanism by which we can refund it. Councilman Stec-He is talking about the rebate he is just saying instead of pulling a number out of the air he is saying budget the rebate amount. Councilman Boor-If you don't want it you have to spend it. Councilman Stec-Or return it that is what he is saying. Councilman Boor-I am saying to you want to return it over time? We do not know, I think we believe that sales tax revenue is going to increase so what number do you want to use, do you want to go out ten years and then refund it now or do you want to do it as it goes? Do you want to refund it as it comes in? Because you do not know how much is going to come in, in any given year. I do not know how much above, I am guessing you are absolutely right we are going to bring in more than we budget for. I do not know how much more how do we deal with that. I think we give it back but you cannot give it back at once. Mr. Whitehead-It is like the give it back, you take it, you got it, you have already got it you have got ten million dollars sitting there so if I, if you went ahead and said aggressively we are going to pull in seven, you pulled in six point eight million last year, say you aggressively budget this year and say we are going to pull in seven point eight next year and you fall short of that it will have to come out of the budget. But I would like to see that number. Councilman Boor-If we budget for it that means we are going to spend it, in other words you are saying spend seven point eight million we do not want to spend seven point eight million. The budget is here is what we are going to spend. Mr. Whitehead-Then maybe you do need this rebate but ... Councilman Boor-We need a rebate and we are going to have to do it every year because we do not know how much more we are going to grow. REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 408 Mr. Whitehead-You need to rebate to bring it back to target because you have always been to this side of the target so now you will have to bring it back this other way. Councilman Boor-I think that is where we are all going we just have a little different idea on how we want to do it. Supervisor Brower-Would anyone else care to address the Board in Open forum? Mr. Hess you look like you want to say something. Comptroller Hess-I would like to make another comment on the sales tax. I am not taking a position whether it should be a million or three seventy-five obviously we have talked in workshop and I am a believer in a conservative approach in the uniform and the consistency but I do not have a vote. But, I think what is important for the public to know is that the numbers that we did generate, we took several months and we did do a through analysis and it was published back in April a through analysis of the fund balance and that has been available. Although it has not been distributed to the public in the form of a newsletter it has been available. The Press has had access to it so as far any anybody feeling that the Town Board has been working without having numbers that are available for everybody to evaluate that is not necessarily true. The numbers have been out there and I think the other thing that is important for everybody to realize that the Board has given due diligence. There obviously are two feelings here but all of them come about because they have been given due diligence to the number that have been generated. Today there is a clear understanding that if a million is done or three seventy five or some other number they have a feel of what the impact would be. That would not have happened a year ago, but that is the case now. So, even though there is a difference of opinion the result of whatever is adopted tonight will be known. Councilman Stec-I have not said a whole lot thus far tonight, I do not want to rehash or repeat any of the arguments made last week. I do note the timing of todays headlines about the increase we will see in the sales tax generated from the ticket sales at the Great Escape. The three County Supervisors have spoken here for what it is worth to the Board although they are not here, but for what it is worth I talked to Mike Brandt and Steve Borgos today they both support the million dollar amount. More importantly the last several weeks I have had occasion to talk to literally hundreds of the people that we represent and I have yet to run into more than, less than a handful of people that are concerned about this concept of the double whammy. Again, the other County Supervisors hit it well, Dan Olson I think summarized exactly where sales tax is going very well and I do not want to add anything to what they said. Hopefully everyone will think about what they heard tonight. Supervisor Brower-Anyone else for open forum? Seeing no one I will close open forum section of tonights board meeting and will move on to Resolutions. 6.0 RESOLUTIONS RESOLUTION AMENDING RESOLUTION NO.: 315,2003 REGARDING GRANT AWARD FOR CASE FILE #4304 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 331. 2003 REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 409 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 315,2003 the Queensbury Town Board authorized a grant award in connection with the Town of Queensbury's Housing Rehabilitation Program for Case File No.: 4304 in the amount not to exceed fourteen thousand nine hundred ninety dollars ($14,990), and WHEREAS, the Town's Senior Planner has advised that the amount of the authorized Grant Award should have been in the amount of twelve thousand four hundred thirty five dollars ($12,435), and WHEREAS, the Town Board wishes to therefore amend Resolution No. 315,2003 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 315,2003 such that the grant award in connection with the Town of Queensbury's Housing Rehabilitation Program for Case File No.: 4304 shall be for the amount of twelve thousand four hundred thirty five dollars ($12,435), and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 315,2003 in all other respects. Duly adopted this 21 st day of July, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION ADDING EVERGREEN LANE TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 332.2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 410 SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Evergreen Lane" which would serve Building 1 and Building 2 of the Cedars Senior Living Center off Bay Road across from Adirondack Community College to its list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds "Evergreen Lane" to its list of private driveways and roads in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying "Evergreen Lane," and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. Duly adopted this 21 st day of July, 2003, by the following vote: AYES : Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT None RESOLUTION APPROVING PURCHASE OF HUMVEE FOR USE AS BRUSH FIRE TRUCK BY SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 333.2003 INTRODUCED BY: Mr. Theodore Turner REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 411 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury and the South Queensbury 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 informed the Town Board that it wishes to purchase and equip a 1988 Humvee for use as a brush fire truck for an amount not to exceed $45,080, and WHEREAS, the Fire Company wishes to pay for such vehicle by using funds III its Restricted Vehicle Fund, and WHEREAS, the Town Board wishes to authorize the Fire Company's proposed purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the South Queensbury Volunteer Fire Company, Inc.' s purchase of a 1988 Humvee to be equipped and used as a brush fire truck for an amount not to exceed $45,080, inclusive of costs associated with delivery, refurbishing and outfitting, with the understanding that the Fire Company will use funds currently in its Restricted Vehicle Fund, and BE IT FURTHER, RESOLVED, that it is the Town Board's further understanding that the Fire Company will retain its current brush truck for non-fire protection purposes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller's Office to take any and all action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 412 Duly adopted this 21 st day of July, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES Mr. Brewer ABSENT: None Councilman Brewer-Before I vote I just want to qualify my vote I have looked at it I have asked questions and I think from my own opinion and nothing against any fire company because I have always voted and tried to help fire companies but I think in my own opinion the need for this, certainly I would agree that you need a brush truck.. Is this the ideal vehicle in my own mind I have searched and I cannot come up with the answer that it is. It is fifteen years old and I just think the Humvee probably does great things, Bill, and I am addressing you because you brought it to us but I do not see the need for that type of a truck in your district. We have had this discussion and we both have different opinions and I would find it easier to support buying a new conventional brush truck and I just, I am sorry but I just cannot support this. RESOLUTION AUTHORIZING HIRING OF CHARLES JONES AS PART- TIME LABORER FOR TOWN TRANSFER STATIONS RESOLUTION NO. : 334.2003 INTRODUCED BY Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, the Solid Waste Facilities Operator has requested Town Board authorization to hire Charles Jones as a temporary, part-time Laborer to work at the Town Transfer Stations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Solid Waste Facilities Operator to hire Charles Jones as a temporary, part-time Laborer effective July 22nd, 2003 at an hourly salary of $11.19 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that such hiring is contingent upon Mr. Jones passing the pre-employment physical required by Town Policy, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Solid Waste Facilities Operator and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 413 Duly adopted this 21 st day of July, 2003, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING WATER SERVICE TO CATHERINE ELMORE OF LOT 17 RYAN STREET - RESIDENT LOCATED OUTSIDE OF QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 335.2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury established and created the Queensbury Consolidated Water District (Water District) and the Queensbury Water Treatment Plant, and WHEREAS, Town resident Catherine Elmore of Lot 17 Ryan Street has requested water service from the Water District although her property is located directly adjacent and outside of the Water District, and WHEREAS, the Town of Queensbury' s past practice is to grant water service to residents outside of the Water District until the next time that the Town extends the Water District, at which time the residents' properties will become part of the Consolidated Water District, and WHEREAS, the Water Superintendent has recommended that the Town Board authorize an Agreement for the supply of water to Ms. Elmore in accordance with Town Law 9 198(3)(b), and WHEREAS, the proposed Agreement for the supply of water is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the supply of water from the Queensbury Consolidated Water District's Water Treatment Plant to Catherine Elmore until the Town Board approves the next Water District extension, at which time the resident's property will become part of the Consolidated Water District, and REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 414 BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Water Superintendent to make all necessary arrangements, including collecting the $100 capital buy-in fees from the resident and signing the Agreement for the supply of water in accordance with Town Law 9 198(3)(b), to effectuate the terms of this Resolution. Duly adopted this 21 st day of July, 2003, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ERIE BOULEVARD HYDROPOWER, L.P. CONCERNING TOWN'S USE OF HUDSON RIVER OVERLOOK PARK RESOLUTION NO.: 336. 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 271, 2002, the Queensbury Town Board authorized an Agreement between the Town of Queensbury, Feeder Canal Alliance, Inc. (Alliance) and Erie Boulevard Hydropower, L.P. (EBH) concerning the Alliance's operation and maintenance of the Hudson River Overlook Park, a Park owned by EBH and located in the Town of Queensbury along Richardson Road along the Feeder Canal, WHEREAS, the Town of Queensbury wishes to now enter into an Agreement with EBH for the Town's use, maintenance and improvement of the Park, including but not limited to nature trails, canoe launch, picnic areas, shelters, parking and signage, and WHEREAS, a copy of a proposed License Agreement between the Town and EBH is in form approved by Town Counsel, NOW, THEREFORE, BE IT REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 415 RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs the Town Supervisor to execute the License Agreement between the Town of Queensbury and Erie Boulevard Hydropower, L.P. concerning the Town's use of the Hudson River Overlook Park substantially in the form presented at this meeting and to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 21 st day of July, 2003 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None Discussion held before vote: Councilman Boor-Requested that the contract be changed under B. regarding renewals.. . the way this is written the obligation is on the lessor of the Hydro Plant to renew it, noted this may be a low priority for a big company requested it be changed so that the we are the ones that redo it thereby guaranteeing working under a contract. Noted it will not preclude them from canceling it which is stated later in the contract. They really have nothing to lose it makes us responsible for make sure we are doing the right thing. Town Counsel Schachner-Roger is suggesting that the obligation set forth in paragraph B on page 1 to send a renewal would be flip flopped instead of that being incumbent upon the Hydro folks it would be incumbent upon the town. From a legal standpoint that is fine I did anticipate the possibility that Erie might say no we would like to be more in control but as Roger pointed out the determination of our provision which appears later in the agreement extends the right of termination unilaterally to either party under any circumstances anyway. From a legal standpoint I certainly do not have a problem with it and if Erie did I would argue the point that there is no reason to fight it and let it be flip flopped. It is certainly appropriate either way from councils standpoint. Agreed to by the Board Town Counsnel Schachner - I want guidance from the Board, if for some reason Erie is resistant to that we are not going to fight on this. . . Board agreed RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY ADIRONDACK FACTORY OUTLET CENTER, INC. RESOLUTION NO.: 337.2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Adirondack Factory Outlet Center, Inc. previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury for tax years 1995/96 through 2002/03 concerning assessments on the factory outlet retail center located on two parcels on the east side of Route 9 in the Town of Queensbury (Tax Map Nos.: 36-1-29 and 36-1-28 for 1995 through 2000 and Tax Map No.'s: 288.12-1-22 and 288.12-1-23 for 2001 to present), and REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 416 WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, the Lake George Central School District has not intervened in these cases and has indicated that it will accept a settlement approved by the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury brought by the Adirondack Factory Outlet Center, Inc., for the 1995/96 through 2002/2003 tax years concerning assessments on the factory outlet retail center located on two parcels on the east side of Route 9 in the Town of Queensbury (Tax Map No.'s: 36-1-29 and 36-1-28 for 1995 through 2000 and Tax Map No.'s: 288.12-1-22 and 288.12-1-23 for 2001 to present) in accordance with the following revised combined assessment values: Current Revised Tax Year Assessment Assessment 1996/97 $4,500,000 $4,200,000 1998/99 $4,500,000 $4,200,000 1999/00 $4,500,000 $4,000,000 2000/01 $4,500,000 $3,900,000 2001/02 $4,500,000 $3,800,000 2002/03 $4,500,000 $3,600,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to the Adirondack Factory Outlet Center, Inc., within thirty (30) days from the date that a Demand for Refunds is served upon the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor 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. Duly adopted this 21 st day of July, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 417 NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY AMERADA HESS CORP. RESOLUTION NO.: 338.2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Dennis Brower WHEREAS, the Amerada Hess Corporation previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury for tax years 1999/00 through 2002/03 concerning assessments on properties located in the Town of Queensbury at 756 Quaker Road (Tax Map No.: 110-1-2.7 for 1999 and 2000 and Tax Map No.: 303.15-1-8 for 2001 and 2002), and 527 Aviation Road (Tax Map No.: 72-3-18 for 1999 and 2000 and Tax Map No.: 302.5-1-38 for 2001 and 2002), and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, counsel for the Queensbury Union Free School District has recommended that the District approve the proposed settlement and expects that the School Board will approve it in the near future, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury brought by Amerada Hess Corporation for the 1999/00 through 2002/2003 tax years concerning assessments on properties located in the Town of Queensbury at 756 Quaker Road (Tax Map No.: 110-1-2.7 for 1999 and 2000 and Tax Map No.: 303.15-1-8 for 2001 and 2002) and 527 Aviation Road (Tax Map No.: 72-3-18 for 1999 and 2000 and Tax Map No.: 302.5-1-38 for 2001 and 2002) in accordance with the following revised assessment values: 756 Quaker Road: Tax Year Current Assessment Revised Assessment REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 418 1999/00 2000/01 2001/02 2002/03 $994,000 $994,000 $994,000 $994,000 $994,000 (No change in assessment) $919,000 $919,000 $919,000 527 Aviation Road: Tax Year Current Assessment Revised Assessment 1999/00 2000/01 2001/02 2002/03 $525,000 $525,000 $525,000 $525,000 $525,000 (No change in assessment) $500,000 $500,000 $500,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Amerada Hess Corporation within thirty (30) days from the date that a Demand for Refunds is served upon the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor 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. Duly adopted this 21 st day of July, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None Comptroller Hess-When there are refunds due because of an article 7 change in assessment and there is a stated amount that the taxpayer is due back generally that is paid for by the County at the time that the refund is made. The County pays it and settles it with the Town in the form the next tax levied comes in that is adjusted for that amount. Where these go back prior to 2001 the Town does have to pay back because the Town does not have tax off set against now. So, when the County refunds that they will then send us a bill for the general fund portion of this and it does become a cash out with no tax to off set it against. So, there is a cash impact to the general fund while there is not a cash impact to the other funds on these settlements. REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 419 RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.C. FOR INVESTIGATION OF SURFACE FAILURE OF INTERIOR CONCRETE SURFACE OF GURNEY LANE WATER TANK RESOLUTION NO.: 339.2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Water Superintendent has recommended that the Town Board authorize engagement of C.T. Male Associates, P.C. for investigation of the surface failure of much of the interior concrete surface of the Gurney Lane Water Tank, and WHEREAS, C. T. Male has offered to provide the needed engineering services for an amount not to exceed $6,000 as delineated in c.T. Male's Proposal dated July 3rd, 2003 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C. T. Male Associates, P. C. for investigation of the surface failure of the interior concrete surface of the Gurney Lane Water Tank for an amount not to exceed $6,000 as delineated in c.T. Male's Proposal dated July 3rd, 2003 and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for c.T. Male's services shall be paid for from Account No.: 40-8340-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Water Superintendent, Town Comptroller and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 21 st day of July, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 420 Discussion held before vote: WaterlWastewater Supt. VanDusen-Todate the manufacturer of the tank has hired a firm to come in and collect a sample, take core samples they have been sent to a lab, they had the firm come back again today to take additional core samples to do additional testing and this resolution would authorize the hiring of CT Male to review the results of that and assist us in determining exactly what the cause was and what the solution will be to make permanent repairs. Councilman Stec-I know we said the tank was just outside of its warrantee period? WaterlWastewater Supt. VanDusen-The tank had a one year warrantee and it is seven years old. Councilman Stec-But the expected life of this tank would have been? WaterlWastewater Supt. VanDusen-Fifty to seventy five years. Councilman Stec-I remember the initial conversation we had was that we were hopeful that or the manufacturer had indicated a willingness to cooperate with the Town because they were embarrassed that this is the only tank they have had that kind of problem with. It looks like we are putting our own money into it and I wanted to know are they going to be accountable or are they going to cooperate? WaterlWastewater Supt. VanDusen- At this point they expressed willingness to perform the, to pay a firm to collect the samples to pay the lab analysis. Our engineers have made it very clear to them that the Town expects them to make the tank good, they have not indicated that they will or won't. Councilman Boor-This is not an independent study this is a review by another firm of data generated by them. WaterlWastewater Supt. VanDusen-What will happen if we find that we disagree with the lab results then we will collect our own samples and have them analyzed. Supervisor Brower-If that is required I assume you will be coming back that will be an additional cost, correct? WaterlWastewater Supt. VanDusen-That is correct. RESOLUTION AUTHORIZING UNPAID LEAVE OF ABSENCE FOR JOANN HICKS RESOLUTION NO.: 340. 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Joann Hicks, Records Clerk for the Town of Queensbury, was placed on Family Medical Leave under the Federal Family Medical Leave Act (FMLA) from December 9, 2002 through January 13, 2003, a period of five weeks, and WHEREAS, Ms. Hicks was again placed on Family Medical Leave on June 6, 2003 and such Family Medical Leave expires on July 25th, 2003, a period of an additional 7 weeks, and WHEREAS, Ms. Hicks has applied for Workers' Compensation benefits but such benefits have not yet been approved, and WHEREAS, Ms. Hicks has exhausted all paid leave available to her, and has also exhausted her 12 weeks of Family Medical Leave, and REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 421 WHEREAS, Ms. Hicks has requested Town Board approval to take an additional unpaid medical leave of absence as set forth in Warren County Civil Service Rule XIX, and WHEREAS, Ms. Hicks has submitted medical documentation supporting a need for additional medical leave of a currently indeterminate period, and WHEREAS, the Town Supervisor has recommended that the Town Board grant unpaid medical leave with an effective date of July 28, 2003 extending through the earlier of: 1. January 28, 2004; 2. Workers' Compensation Final Determination awarding benefits; or 3. Certification of her physical qualification for return to work, documented by her physician; and WHEREAS, in accordance with Warren County Civil Service Rule XIX, Town Board approval is discretionary and necessary before an employee may take such a leave, and WHEREAS, the Town Board has carefully considered the circumstances of Ms. Hicks' request and the Town Supervisor's recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants an unpaid medical leave of absence with an effective date of July 28, 2003 extending through the earlier of: 1. January 28, 2004; 2. Workers' Compensation Final Determination awarding benefits; or 3. Certification of her physical qualification for return to work, documented by her physician; and BE IT FURTHER, RESOLVED, that Ms. Hicks shall provide the Town with monthly status reports from her physician regarding her ability to return to work and must notify the Town Board in writing by REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 422 December 31, 2003 of her intention to return to work or request further unpaid medical leave and supply supporting documentation if she desires additional unpaid leave beyond January 28, 2004, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution will not have any impact or create any inference as to any determination of entitlement to Disability or Workers' Compensation Benefits. Duly adopted this 21 st day of July, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None Discsussion held: Supervisor Brower-In the second to the last Resolved, requested that the date of December 31,2003 should read January 28,2004... Agreed to by the Board RESOLUTION REQUESTING AND AUTHORIZING WARREN COUNTY TO RETAIN SALES TAX REVENUES AND OFFSET PROPERTY TAXES RESOLUTION NO.: 341. 2003 MOTION DEFEATED INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Warren County receives sales tax revenues resulting from sales transactions that take place within the County, and WHEREAS, a substantial portion of those sales transactions take place within the Town of Queensbury, and WHEREAS, portions of the Warren County sales tax revenues are allocated to each of the towns in Warren County on an annual basis, and REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 423 WHEREAS, County sales tax revenues allocated to the Town of Queensbury annually fall in the range of several million dollars, and WHEREAS, the Town of Queensbury maintains a general fund balance and capital reserve fund balance which at 2002 year-end totaled in excess of $10 million dollars, and WHEREAS, this 2002 year-end fund balance is $1.3 million greater than that at 2001 year -end, and WHEREAS, in August 2002 a $1 million offset of County property taxes was proposed but was not approved by a majority of the Town Board, and WHEREAS, the Queensbury Town Board believes that taxation of its constituents should be minimized to the extent possible, while still maintaining reasonable fund balances for long- range planning, emergency and contingency purposes, and WHEREAS, New York State Tax Law 91262 authorizes the Town to request that the County withhold sales tax revenues allocated to the Town and use such revenues to offset local taxes, and WHEREAS, New York State Tax Law 91262 authorizes the County to withhold such revenues for the next succeeding calendar year upon appropriate requests from the Town properly filed with the County prior to September 1 st of the current year, and WHEREAS, Chapter 528 of the Laws of 2000 (in Town Law 9107) provides that towns may have a budget which includes a "reasonable amount" of unappropriated, unreserved fund balances, and WHEREAS, the Town Board has determined that the current unappropriated, unreserved fund balance exceeds such "reasonable amount" and wants to take action to avoid this from occurring in the 2004 Town Budget, and WHEREAS, the Queensbury Town Board has already eliminated the general Town property tax and now seeks to reduce the general County property tax in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests and authorizes Warren County to retain $1 million of Warren County sales tax revenues allocated to the Town of Queensbury in 2004 and utilize such revenues to offset the corresponding portion of 2004 County property taxes to the residents of the Town of Queensbury, and REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 424 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to file a certified copy of this Resolution with the Chief Fiscal Officer of Warren County by mailing such Resolution by registered or certified mail before September 1 S\ 2003 in order to take effect for the calendar year 2004, and BE IT FURTHER, RESOLVED, that this request and authorization shall remain in effect for the year 2004, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Supervisor and/or Town Comptroller to provide any other required documentation to Warren County prior to September 1 S\ 2003 and take any and all other action necessary to effectuate all terms of this Resolution. Duly adopted this 21 st day of July, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer NOES Mr. Brower, Mr. Boor, Mr. Turner ABSENT: None RESOLUTION REQUESTING AND AUTHORIZING WARREN COUNTY TO RETAIN SALES TAX REVENUES AND OFFSET PROPERTY TAXES RESOLUTION NO.: 342. 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Warren County receives sales tax revenues resulting from sales transactions that take place within the County, and WHEREAS, a substantial portion of those sales transactions take place within the Town of Queensbury, and REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 425 WHEREAS, portions of the Warren County sales tax revenues are annually allocated and paid to each of the municipalities in Warren County, and WHEREAS, annual sales tax revenues allocated to the Town of Queensbury is currently in the range of $6 million, and WHEREAS, the Town of Queensbury currently maintains an unrestricted fund balance for general purposes totaling approximately $6.13 million, and WHEREAS, Chapter 528 of the Laws of 2000 (in Town Law 9107) provides that towns may adopt a budget which includes a "reasonable amount" of unappropriated fund balances, and WHEREAS, the Queensbury Town Board desires to maintain reasonable and adequate fund balances to provide stability for possible future sales tax revenue fluctuations, cash flow needs, contingencies, and contemplated capital projects, and WHEREAS, the Queensbury Town Board currently is imposing no general Town property tax and now seeks to reduce the general County property tax in the Town of Queensbury, WHEREAS, New York State Tax Law 91262 authorizes the Town to apply sales tax revenues allocated to the Town and use such revenues to offset County taxes on Queensbury property, and WHEREAS, New York State Tax Law 91262 authorizes the County to withhold such revenues for the next succeeding calendar year upon appropriate instructions from the Town properly filed with the County prior to September 1 st of the current year, and WHEREAS, the Town Board has determined that the current unappropriated, unrestricted fund balance currently exceeds the reasonable amount needed for revenue stabilization, cash flow, contingencies, and contemplated capital projects, and desires to undertake an affordable, and sustainable reduction of county taxes on Queensbury property. NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Warren County to retain $375,000 of Warren County sales tax revenues allocated to the Town of Queensbury in 2004 and apply such revenues to reduce 2004 County property taxes on real property in the Town of Queensbury, and BE IT FURTHER, REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 426 RESOLVED, that the Town Board further authorizes and directs the Town Clerk to file a certified copy of this Resolution with the Chief Fiscal Officer of Warren County by mailing such Resolution by registered or certified mail before September 1 S\ 2003 in order to take effect for the calendar year 2004, and BE IT FURTHER, RESOLVED, that this authorization shall be effective for year 2004 and each year thereafter until rescinded by Town Board Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Supervisor and/or Town Comptroller to provide any other required documentation to Warren County prior to September 1 S\ 2003 and take any and all other action necessary to effectuate all terms of this Resolution. Duly adopted this 21 st day of July, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None Discussion held: Supervisor Brower-This is a resolution to leave a reasonable amount of un- appropriated fund balance with the County next year. Maintaining a reasonable and adequate fund balance to provided for stability for possible future sales tax revenue fluxations, cash flow needs contingencies and contemplated capital projects. The motion is for the County to retain three hundred seventy five thousand dollars in County Sales Tax revenue and for this amount to continue until another resolution either eliminates it, reduces it or increases it. I believe it is an amount that is sustainable over a period of years and I believe good government calls for the sustenance of a tax rate. We dropped the town tax in 2002 we did not have one in 2002 or 2003 and I am hoping that we will be able to maintain that. The impact of three hundred and seventy five thousand will more than double the reduction in Town Taxes that we eliminated in the year 2002. Hopefully if you are all right if the people that spoke about the new sales tax generating vehicles that are coming into town are correct the Board can at a future date increase the amount of sales tax that we leave at the County. I certainly hope that the new Target Store the new Walmart Super Center which will be built next year sometime will generate new sales tax revenue as opposed to shifting it around from existing retail venues. With that I will ask if there is further discussion. Councilman Stec- Yes. Since I did not really grandstand on my version of the resolution, I would just like to say that I feel that this is a token amount made in a political year and next year I pledge to do everything in my power and my powers of persuasion to pass a million dollars next year. It will be third attempt. Supervisor Brower-Just for the record the unrestricted fund balance is six point one two seven million, allowing for retention for revenue stabilization of nine hundred and fifteen thousand and retention for cash flow of one million six hundred fifty thousand leaves an expendable fund balance REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 427 of three million five hundred sixty two thousand dollars and we are hoping we will be able to maintain tax reduction for the future. Asked for further discussion hearing none... Vote Taken RESOLUTION RESCINDING RESOLUTION NO.: 267.2003 CONCERNING ENGAGEMENT OF GDF MANAGEMENT ASSOCIATES, INC IN CONNECTION WITH PROPOSED QUEENSBURY RECREATIONAL FACILITY RESOLUTION NO.: 343. 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Dennis Brower WHEREAS, on May 19th, 2003, by Resolution No.: 267.2003, the Queensbury Town Board authorized the Town Recreation Commission to engage the professional services of GDF Management Associates, Inc., in accordance with GDF's proposal to the Town dated May 16th, 2003 in an amount not to exceed $19,050, and WHEREAS, the Town Board wishes to rescind Resolution No.: 267.2003 and terminate the Town's Agreement with GDF Management Associates, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rescinds Resolution No.: 267.2003 and terminates the Agreement with GDF Management Associates, Inc., and the Town shall only pay for any services already rendered by GDF Management Associates, Inc., up to the date of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to immediately notify GDF in writing of termination of this Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Comptroller, Town Counsel and/or Director of Parks and Recreation to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 21 st day of July, 2003, by the following vote: REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 428 AYES Mr. Brower, Mr. Boor. Mr. Turner, Mr. Stec NOES None ABSENT: Mr. Brewer Discussion held: Councilman Stec-I would like to commend the Recreation Commission for their diligence their momentum that they built and their dedication to try to move this important forward. I regret that due to a lack of communication and leadership that this Town Board is going to set them back. several months in their process. In light of all the information that was not available to them now is the prudent thing to do is to go ahead and rescind. ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED WATER TRANSMISSION SYSTEM IMPROVEMENTS TO QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 344.2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to make certain water transmission system improvements within the Queensbury Consolidated Water District, and WHEREAS, a Map, Plan and Report has been prepared by Barton & Loguidice, P.c., professional engineers licensed by the State of New York concerning the proposed improvements to install water mains along Round Pond Road, Blind Rock Road, Country Club Road, Haviland Road, Ridge Road, Hicks Road and a connection between Big Boom Road and Big Bay Road underneath Interstate 87 (Northway), such improvements being more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Town Board accepts such Map, Plan and Report as the Map, Plan and Report for the Water District improvements and such Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report describes exactly what work is proposed to be done, and WHEREAS, the Town Board wishes to authorize such improvements to the Queensbury Consolidated Water, and WHEREAS, by Resolution No.: 256,2003, the Town Board indicated its wish to be Lead Agency for SEQRA review of this project and authorized the Town Water Superintendent to send a copy of the Part I of a Short Environmental Assessment Form presented at this meeting to any and REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 429 all communities or agencies that it is the Town Board's intention to be Lead Agency and a coordinated SEQRA review is desired, NOW, THEREFORE, IT IS ORDERED: 1. The Queensbury Town Board shall hold a public hearing to consider the improvements to the Queensbury Consolidated Water District as described in the Map, Plan and Report. The proposed improvements are as described in such Map, Plan and Report and include the installation of water mains along Round Pond Road, Blind Rock Road, Country Club Road, Haviland Road, Ridge Road, Hicks Road and a connection between Big Boom Road and Big Bay Road underneath Interstate 87 (Northway). 2. The maximum estimated cost for these improvements to the Queensbury Consolidated Water District is $3,020,000. 3. The Map, Plan and Report describing the improvements, the capital project costs and all other related matters is on file with the Queensbury Town Clerk and it is available for public inspection. 4. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York 12804 at 7:00 p.m. on Monday, August 4th, 2003 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. 5. 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 9202-b and complete or arrange for the securing of the required two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing and file a certified copy of this Order with the State Comptroller on or about the date of publication. 6. The Town Board further authorizes and directs the Community Development Department to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. Duly adopted this 21 st day of July, 2003 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brower NOES None REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 430 ABSENT: Mr. Brewer Discussion held: Supervisor Brower-This is probably the greatest improvement in the Queensbury Water System in the last twenty five years. It will enable us to install water mains along Round Pond Road, Blind Rock Road, Country Club Road, Haviland Road, Ridge Road, Hicks Road and a connection between Big Boom Road and Big Bay Road underneath Interstate 187 the Northway. This will eliminate dead ends it will enable a redundant water system and its documented in the map, plan and report that is on file. The maximum cost is three million twenty thousand dollars RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR CONTRACTS 2 AND 3 - ROUTE 9 SEWER DISTRICT RESOLUTION NO.: 345.2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 444,2002, the Queensbury Town Board authorized engagement of c.T. Male Associates, P.c. (C.T. Male) for design, contract administration and construction observation services in connection with the creation of the Route 9 Sewer District, and WHEREAS, by Town Board Resolution No.: 113,2003 the Town Board adopted its Final Order approving creation of the Route 9 Sewer District, and WHEREAS, by Town Board Resolution No.: 275, 2003, the Town Board authorized an advertisement for bids for Contract 1 of the Route 9 Sewer District, the first of several Contracts to be awarded in serving the District, which will generally include the area from Quaker Road north to the Warren County Bike Path at its intersection with Sweet Road, from Sweet Road to Route 9 north to Kendrick Road, and west along Weeks Road to the new pumping station which will provide service to Whispering Pines apartments and future district extensions along Weeks Road, and WHEREAS, C.T. Male has prepared bid documents and specifications to advertise for bids for Contracts 2 and 3 of the Route 9 Sewer Project, and WHEREAS, Contract 2 will generally provide sewer service along both sides of US Route 9 from Kendrick Road north to the Coach House Restaurant and more specifically will include installation of approximately 10,780 lineal feet of 14" thru 8" gravity sewer, 4950 lineal feet of 12" force main, 49 manholes, five road crossings of US Route 9 and a sewage pumping station with an associated building, odor/corrosion control facilities and a standby generator, and WHEREAS, Contract 3 will generally provide sewer service along both sides of US Route 9 from the Coach House Restaurant north to Farm-to-Market Road (State Route 149) and more specifically will include installation of approximately 1970 lineal feet of 12" HDPE sewer by REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 431 directional drill, 467' of 8" HDPE by directional drill at five road crossings, 77 lineal feet of 10" sewer in a road crossing through a casing, 5000 lineal feet of 10" and 8" gravity sewer and 30 manholes and is intended to serve the Warren County Municipal Center, and WHEREAS, General Municipal Law 9103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to post and publish an advertisement for bids to be prepared by c.T. Male Associates, P.c., for Contracts 2 and 3 of the Route 9 Sewer District and receive all bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Acting Purchasing Agent to open all received bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 21 st day of July, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brower, Mr. Boor NOES None ABSENT: Mr. Brewer 7.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE 8.0 TOWN BOARD DISCUSSIONS Supervisor Brower-The Board has received a revised proposal from TV8 regarding televising our Town Board Meetings if no further workshop is necessary at the next Town Board Meeting I would like to have a resolution. Noted he spoke to Evergreen Bank and I asked them if they would be interested sponsoring any of the program they did say they would be willing to sponsor three months of the program. We have not tried to obtain any other sponsors at this time but I think at least having a sponsor for three months is helpful and if we can get any other sponsors to comment prior to our next Board Meeting it will be part of the resolution. My understanding from most Town Board Members is if we cannot find other sponsors you are all willing to pay the expense to give the public the opportunity to view our business. That is the assumption I am going on at this time. Re: Great Escape Sales Tax It is my sincere hope that the Great Escape does not come out with a separate ticket that would only tax a portion of the ticket but it is certainly their right. I do not think we will know until REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 432 next year. That ruling by the sales tax department is significant not only for our community but for other communities that have amusement parks state wide. They are addressing it on a policy basis across the State. I think is it good news for our community, I think we are going to see some additional sales tax revenue, how much additional we will not know until we know what their policies are next year. I am very pleased by the sales tax departments ruling and I believe it is consistent with the law as I read it. Councilman Brewer-Several meetings ago we authorized the hiring of somebody in the Cemetery Department, the reason I am bring this up is I had an issue to call the Cemetery Dept. Head about a problem that exists at the Luzerne and West Mt. Road Cemetery Fence to be fixed and Mike indicated to me it has been on their list they would like to fix it but that particular morning they had one guy out sick, one guy got in an accident on the way to work they had no people to do anything. What is the status of them hiring somebody and why haven't they hired somebody. Supervisor Brower-The Cemetery Commission wants to meet with us about this. We had a discussion about them hiring a laborer, they wanted to hire somebody else, since that time I have talked with Chuck Rice and I asked Chuck Rice if the Cemetery Commission decided to elevate their MEO to an HEO status and then they would have an HEO and Laborer would any of his laborers be available on, an on call basis by the Cemetery to assist the Cemetery Commission and specifically Cemetery duties. He indicated that he would make sure he would cooperate with them in any way possible if that is what the Town Board wished them to do. That is what we have to make a determination on. Obviously with the deficit situation at the Cemetery I was looking at any possible way to keep the expenses down there and if we could be flexible with labor from one department to assist another department it might make good economic sense to move in that direction. I spoke to Bob Edwards I mentioned the idea to him he is more than willing to discuss it with us and they would like to sit down with us at a workshop session. Councilman Brewer-Requested that a workshop be set up. I do not have a problem sharing help if we can do it but my thinking is are we going to strain another department for the sake of not hiring somebody when we had a person there, we lowered the scale so that we could save money but are we really saving money if nothing is getting done? Supervisor Brower-We have a meeting tomorrow night at 7:00 P.M. with the Recreation Commission ... Next Monday meeting with the Planning Board, Zoning Board and Town Board in a workshop session regarding the Karner Blue.. Chris Round would also like to address the lighting policy Councilman Brewer-Asked that they meet with the Cemetery Commission next Monday.. Supervisor Brower- Suggested the meeting be at 6:30 next Monday.... Agreed to by the Town Board. 9.0 ATTORNEY MATTERS 10.0 EXECUTIVE SESSION NONE RESOLUTION ADJOURNING QUEENSBURY TOWN BOARD MEETING RESOLUTION NO. 346.2003 REGULAR TOWN BOARDMEETING 07-21-2003 MTG. #30 433 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Meeting. Duly adopted this 21st. day of July, 2003 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury