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2004-11-29 MTG 56 REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 647 REGULAR TOWN BOARD MEETING MTG#56 TH NOVEMBER 29, 2004 B.H. 33-34 7:02 P.M. RES. 573-588 LL# 11 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, MARILYN RYBA BUGET OFFICER, JENNIFER SWITZER WATER SUPERINTENDENT, RALPH VAN DUSEN DIRECTOR OF BUILDING AND CODES, DAVID HATIN ASSESSOR, HELEN OTTE PRESS POST STAR TV 8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER SUPERVISOR STEC-Opened meeting. PRESENTATION – QUEENSBURY GIRLS CROSS COUNTRY TEAM SUPERVISOR STEC-Presented Coach Robert Underwood and the Queensbury Girls Cross Country Team with the following Proclamation. P R O C L A M A T I O N RESOLUTION NO. 573, 2004 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, the Queensbury Town Board wishes to recognize local student- athletes for their exceptional performances on the athletic field, and WHEREAS, the Queensbury High School Girls Cross-Country Team, also known as the Girls Cross-Country Spartans, won the Section II, Class A Sectionals, thereby winning the right to attend the New York State Public High School Athletic Association (NYSPHSAA) championship meet held at Chenango Valley State Park, Chenango Forks, th New York on November 13, 2004, and WHEREAS, the Girls Cross-Country Spartans competed with 11 other schools that were ranked as the top teams from their respective sections of New York State and the Spartans captured the New York State Class A Title, giving the team its first Girls Cross- Country State Championship since 1998 and bringing victory to the Queensbury Union Free School District and Town of Queensbury, and REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 648 WHEREAS, by winning the New York State Class A Title, the Girls Cross-Country Spartans earned the State’s number one rank and therefore is the best Girls Class A Cross-Country team in New York State, and WHEREAS, the Girls Cross-Country Spartans and its Coach Robert Underwood deserve special recognition of their accomplishments and the Queensbury Town Board wishes to formally salute and recognize the entire team and Coach Underwood for representing the Queensbury School District and Town of Queensbury in such an exemplary manner, NOW, THEREFORE, the Queensbury Town Board, hereby congratulates the Queensbury Girls Cross-Country Team and its Coach Robert Underwood for their outstanding performance and level of excellence during the 2004 season and achieving the title of New York State Champions, and further expresses its sincere appreciation to the Girls Cross-Country Spartans and Coach Underwood for doing their part in making the Town of Queensbury a better place to live. th GIVEN under the SEAL of the Town of Queensbury this 29 day of November 2004. ____________________ ______________________ ____________________ DANIEL G. STEC TIMOTHY BREWER ROGER BOOR _________________________ __________________________ JOHN STROUGH THEODORE TURNER DISCUSSION HELD EXECUCTIVE DIRECTOR COMMUNITY DEVELOPMENT, MARILYN RYBA-Welcomed Stuart Baker, Senior Planner to the Town of Queensbury. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 574, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters the Queensbury Board of Health. th Duly adopted this 29 day of November, 2004, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN HECKMAN BOB HOLMES, JARRETT- MARTIN REPRESENTING JOHN HECKMAN OPENED NOTICE SHOWN 7:10 P.M. REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 649 MR. HOLMES-In this application we are doing nothing more at this time then replacing a preexisting septic tank, which collapsed. We are looking to put in its place a new heavy-duty septic tank that will withstand traffic loading. An interesting comment about this is this, is located under a carport and second story of a house. Whenever this house was developed to this condition this is where it ended up. There are no known problems with the existing leaching system. We have not investigated that further because our fear is that it extends under Rockhurst Road. At this time we are asking for relief from a property line setback and from a setback to the residence itself. SUPERVISOR STEC-I’ll point those out. You are looking to install the septic tank seven feet from the property line in lieu of ten feet and three feet from the dwelling in lieu of twenty feet. MR. HOLMES-That is correct. SUPERVISOR STEC-Again, this project is located at 68 Rockhurst Road in Queensbury, anything else? MR. HOLMES-That is the short and the sweet of it. COUNCILMAN BOOR-The tank that collapsed are you putting the same size tank in? MR. HOLMES-Yes. It was a thousand gallon tank that has collapsed and that is what it will be replaced with. COUNCILMAN STROUGH-The new tank is that going to have the type of lid that is metal reinforced? MR. HOLMES-Yes. Actually because it is located under a carport using a large excavator to set it will be quite difficult. We have located a structural capacity plastic septic tank, which we’re likely going to be proposing. Obviously, I have not prepared the final engineering plans that we would submit providing a successful application this evening. When we do the specifications of what that tank exactly is I would submit as part of our application for the permit. SUPERVISOR STEC-Dave Hatin do you have anything to add? DIRECTOR OF BUILDING & CODES, MR. HATIN-It speaks for itself. SUPERVISOR STEC-Does anyone have questions of Dave or Bob at this point? COUNCILMAN STROUGH-He’s got his infiltration field down next to Rockhurst and I know what Rockhurst is like in the summer every square inch is used up. As a matter of fact most of the sides of Rockhurst Road are used. Is the applicant aware that it is not a good idea to be driving over an infiltration bed? MR. HOLMES-We have advised him of that. I will say this that, yes there has been parking on it this has been on going for numerous years. I am not familiar with the full history of this property, but I imagine it has been many decades that this system has been in existence. COUNCILMAN STROUGH-Over a while that compaction occurs. MR. HOLMES-We have advised him of that, that’s correct. COUNCILMAN STROUGH-Okay. COUNCILMAN TURNER-Bob did you make an attempt to probe the field to find out where it is? REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 650 MR. HOLMES-My firm or myself we have not actually probed where it’s located. We were told by IBS Septic, which has done some initial emergency repairs on it that they located it out near the road. COUNCILMAN TURNER-It’s located out near the road. MR. HOLMES-That is correct. COUNCILMAN TURNER-But where it is we don’t know? MR. HOLMES-That is correct. SUEPRVISOR STEC-Members of the public that would like to ask any questions or have any comments regarding this variance that’s being sought this evening just raise your hand please? NO PUBLIC COMMENT SUPERVISOR STEC-Town Board any further questions or concerns? COUNCILMAN BREWER-The only thing I can mention that John mentioned is the field is out in front is there any kind of precaution you could take a couple of balers or something in front of it by the road so you couldn’t park there? COUNCILMAN TURNER-You don’t know where it is. MR. HOLMES-Perhaps we have not identified the limits of it. COUNCILMAN BREWER-You are going to have to locate it, right? MR. HOLMES-At this intention as far as we know it is satisfactory operational at this time so we did not intend to do any further investigation of it. We’re merely requesting a septic tank replacement. COUNCILMAN BREWER-Understood, but it’s all-inclusive. MR. HOLMES-Okay. COUNCILMAN STROUGH-Maybe a sign out there No Parking. COUNCILMAN BREWER-I don’t know maybe a couple of balers here. COUNCILMAN STROUGH-Bob has already told the applicant it is not in his best interest to allow parking on an infiltration bed. If the guy doesn’t listen it is going to be a failure of the system. COUNCILMAN TURNER-Bob is this a seasonal camp used in the summer time only? MR. HOLMES-It is used as a seasonal camp at this time. SUPERVISOR STEC-Roger any other questions? COUNCILMAN BOOR-I think if we were talking about a failed leach field, I have a whole lot of questions for you. Since it’s just the tank I’m not into digging up more stuff. SUPERVISOR STEC-I agree. Any other comments from the public? I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN HECKMAN REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 651 RESOLUTION NO.: BOH 33, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, John Heckman has filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health allow installation of a septic tank 7’ from the property line in lieu of the required 10’ setback and 3’ from the dwelling in lieu of the required 20’ setback on property located at 68 Rockhurst Road, Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance requests on November 29, 2004, 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, that due to the nature of the variances, it is felt that the variances would not be a) 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 the Local Board of Health finds that the granting of the variances is necessary b) for the reasonable use of the land and that the variances granted are the minimum variances 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 John Heckman’s application for variances from the Sewage Disposal Ordinance to allow installation of a septic tank 7’ from the property line in lieu of the required 10’ setback and 3’ from the dwelling in lieu of the required 20’ setback on property located at 68 Rockhurst Road, Queensbury and bearing Tax Map No.: 227.13-2-48. th Duly adopted this 29 day of November, 2004 by the following vote: REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 652 AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 34, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 29 day of November, 2004, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner Noes: None Absent:None PUBLIC HEARING – LOCAL LAW – AMEND QUEENSBURY TOWN CODE CHAPTER 136 SEWERS AND SEWAGE DISPOSAL ARTICLE IV ADMINISTRATIVE PROVISIONS OPENED 7:17 P.M. NOTICE SHOWN SUPERVISOR STEC- I will open the public hearing. The intent of this local law as was discussed a couple of meetings ago that currently when we go into the board of health there is no mechanism that allows us to charge back for engineering time spent on septic variances and other board of health related issues similar to what we just heard. Although in this particular case none was needed, but on more complicated ones we do require engineering review. In the past that had been done without a means to charge back for that time in a similar manner that we have available to us for planning review when we have a planning related non-board of health related item that we need to refer to our engineers to check or verify or further investigate. There is means to charge back that to the applicant, but for board of health related items septic variances there had not been this would basically correct that, is that the jest of it Bob? We have been talking about establishing this a couple of meetings ago we’ve done so. We set the public hearing for tonight with that I will open the public hearing and see if there is anyone in the audience that would like to comment or question about this proposed local law? NO PUBLIC COMMENT SUPERVISOR STEC-Any Town Board members with questions or comments? COUNCILMAN BOOR-One of the things we’ve talked about this I think it’s a good idea. Although it might seem like it puts more responsibility on the engineers it also puts a greater responsibility on us. What I’m referring to is the direction that we give the engineers. One of the problems that I have had in the past is that we’ve had CT Male, who we typically used to review sewer or sewage variances simply review another engineer’s work. I think when we go to the point of charging an applicant because we’re not comfortable with what we’re seeing, I think we need to be very explicit in the direction we give to our engineers. I think in some instances we may want to have REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 653 them actually do some fieldwork not just review another engineer’s work. Hopefully we will use this judiciously and not in excess because it would not be fair in some instances to applicants, but by the same token when have a suspicion that what we’re getting from an engineer doesn’t seem correct or it seems questionable. I want to make sure that we like I said, earlier we just don’t review their work, but in fact get some work done on our own to verify the situation. SUPERVISOR STEC-I agree. You are absolutely correct we’ve done that before we need to be more careful of what exactly we ask for when we refer things to engineers. Any other questions or comments? Perhaps at this point what I’ll do it’s just a very simple one-sentence addition. Variance application hearing and decision. Section 13620 E. The Board of Health may refer any variance application to a qualified professional consultant for expert review and recommendation, and any costs incurred in such review shall be paid to the Town by the applicant before any variance granted shall be effective. It is a similar provision in what we have available to us in other planning professional reviews, any other questions? COUNCILMAN STROUGH-I don’t know, I don’t usually see the specific bill. I don’t know if you do Marilyn? EXECUTIVE DIRECTOR, MS. RYBA-I do. COUNCILMAN STROUGH-Can you give us kind of an idea of what they are running? EXECUTIVE DIRECTOR, MS. RYBA-For the review the hourly rate is a hundred dollars an hour plus. Typically you are going to have that as a minimum, but we’re looking at a couple hundred dollars, two fifty, three hundred. One of the questions I had on this literally it says cost incurred in such review shall be paid to the Town before any variances granted shall be effective. I’m just looking at logistics in terms of the time frame, too. Sometimes we don’t get the bills for a couple of months I’m just wondering if there should be a slight change in the language there? COUNCILMAN BREWER-Maybe if we tell the engineer if he wants to get paid he’ll submit the bill when he’s done with the review. COUNCILMAN BOOR-It’s the applicant the applicant is getting penalized. EXECUTIVE DIRECTOR, MS. RYBA-It’s the applicant. TOWN COUNSEL, HAFNER-The reason for that is that at times we’ve had trouble with collecting from people. That’s in there just so the Town is reimbursed and taxpayer funds are not used for this that is part of the enforcement mechanism. I think what we need to do in picking an engineer is that probably needs to be upfront and maybe over time it will cost this much for this type of review, this much for that. A couple months would be a lot I didn’t realize it took that long. EXECUTIVE DIRECTOR, MS. RYBA-Not always, it depends. TOWN COUNSEL, HAFNER-I think we need to tell them up front that they have to let us know quickly because that would not be fair to the applicant. We had questions in the past about collecting. SUPERVISOR STEC-Jennifer anything you feel you need to add? You’re not really, you don’t care, you do, but. BUDGET OFFICER, SWTIZER-No. I do, it’s more for the applicant. SUPERVISOR STEC-Just kidding. COUNCILMAN BOOR-There is not going to be a lot of them. REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 654 SUPERVISOR STEC-Hopefully there won’t be very many. The complicated ones and we do see them; we do see them in North Queensbury. We’ve had a couple of them already this year. Any other questions or comments? Anything else from the public the public hearing is still open. Hearing none, I will close the public hearing. PUBLIC HEARING CLOSED 7:25 P.M. RESOLUTION ENACTING LOCAL LAW NO.: 11 OF 2004 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136 “SEWERS AND SEWAGE DISPOSAL” ARTICLE IV, “ADMINISTRATIVE PROVISIONS” RESOLUTION NO. 575, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 11, of 2004 to amend Queensbury Town Code Chapter 136 entitled “Sewers and Sewage Disposal,” Article IV, “Administrative Provisions,” to add a provision that should the Town of Queensbury’s Local Board of Health refer a sewage disposal variance application to a professional consultant for expert review and recommendation, any costs incurred in such review shall be paid to the Town by the applicant before any granted variance becomes effective, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and th WHEREAS, the Town Board duly held a public hearing on November 29, 2004 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 11, of 2004 to amend Queensbury Town Code Chapter 136 entitled “Sewers and Sewage Disposal,” Article IV, “Administrative Provisions,” to add a provision that should the Town of Queensbury’s Local Board of Health refer a sewage disposal variance application to a professional consultant for expert review and recommendation, any costs incurred in such review shall be paid to the Town by the applicant before any granted variance becomes effective as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 655 provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 29 day of November, 2004, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:None A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 136 “SEWERS AND SEWAGE DISPOSAL,” ARTICLE IV “ADMINISTRATIVE PROVISIONS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Section 136-20 of Queensbury Town Code Chapter 136, Article IV entitled "Administrative Provisions," is hereby amended by adding a new subsection “E” as follows: §136-20. Variance application hearing and decision. E. The Board of Health may refer any variance application to a qualified professional consultant for expert review and recommendation, and any costs incurred in such review shall be paid to the Town by the applicant before any variance granted shall be effective. SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 3. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 4. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law §27. CORRESPONDENCE NONE DISCUSSION HELD SUPERVISOR STEC-Spoke to the board noting that Warren County Supervisor Michael th Barody would not be present at tonight’s meeting. Noted that November 30, 2004 is the adoption of Warren County’s Budget. The County spending did go up this year total spending went up about six percent; we did hit the hundred million dollar milestone. Most of the Towns did see their rates go down because the County is still collecting approximately the same amount of money as it was before. However, when you do the math some of those Towns are seeing their rates are down, but there total tax being collected is up. It is likely Queensbury will have some of that in some places next year. Some places the assessed value will go up by more than the average so there will be REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 656 more taxes collected and others will see it go down. Almost everyone will see their tax rate at the County level plummet from the approximately four seventy-five that it is now because of the rebate that the Town left at the County. Going forward to next year Queensbury’s tax rate went down about ten percent to approximately four dollars and twenty-eight cents a thousand. Had we not done that our tax rate actually would have been up a little bit. Thinks that the County budget is a fair one, one that all the Supervisors put a lot of time into. OPEN FORUM PLINEY TUCKER-Spoke to the board regarding Resolution Appointing Ted Bigelow as Data Collector/Appraiser, questioned if this a full time job? SUPERVISOR STEC-Yes. MR. TUCKER-Is it the same Ted Bigelow that is an Assistant Assessor in the City of Glens Falls? SUPERVISOR STEC-Correct. He will not be an employee of Glens Falls he will be working for us full-time. MR. TUCKER-Spoke to the board regarding Resolution Requesting SEQRA Lead Agency Status in Connection with Main Street Corridor, questioned who is lead agency regarding this. SUPERVISOR STEC-The resolution is written for us. Mr. TUCKER-Questioned if the Connector Road project will go to bid? SUPERVISOR STEC-Yes. MR. TUCKER-Spoke to the board regarding the Workshop that was held last week with the Fire Departments. Questioned if this has to be done in Executive Session with fire contracts? SUPERVISOR STEC-We are allowed to go into Executive Session for the purpose of discussing or retaining an individual or corporation, which these are corporations. We are early in the process not all of these will be Executive Session we will be holding Workshops. MR. TUCKER-Spoke to the board regarding an article in the newspaper regarding West Glens Falls Emergency Squad. Thought that when the Town went to third party billing the Town would be getting a lot of money. COUNCILMAN BREWER-Noted he doesn’t think it is going to make money right away. It will sustain itself it will be a while before it starts making money. COUNCILMAN BOOR-It goes to the Town it doesn’t go to an individual company. SUPERVISOR STEC-We budgeted revenue of two hundred and fifty thousand dollars next year we think that’s on the conservative side. We haven’t started the billing yet, but we’re about to start billing in December. Although, we expect to bring in roughly a quarter million dollars next year it doesn’t cover the operation. SUE DEGROFF, REPRESENTS JOHN BURKE TENANT ASSOCIATION AS CO PRESIDENT- Spoke to the board regarding the Town and County establishing a curfew noting it has to be enforced. OPEN FORUM CLOSED 7:40 P.M. TOWN BOARD DISCUSSIONS REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 657 COUNCILMAN TURNER-Received a phone call from a resident noting that people are parking at four thirty in the morning at the end of Greenway North in back of Ray Supply, noting he would like to put a No Parking Sign in this location. Mr. Turner noted he would speak with the Manager of Wal Mart to see if it can be stopped first. COUNCILMAN BOOR-Spoke to the board regarding the shortage of volunteers for emergency services. Strongly encouraged young people to consider volunteering for emergency services in the Town. COUNCILMAN STROUGH-Thanked Town Counsel for investigating matter regarding the Rush Pond area and the hunter shooting back there close to the residence. Questioned if they could make it more restrictive than the State noting he was told by Counsel that they couldn’t. Spoke to the board regarding the Rush Pond Bike Path presented a conceptual analysis of the Rush Pond Bike Path noting if anyone would like a copy they could email him at strough@capital.net. Aerial photo of Rush Pond presented. SUPERVISOR STEC-Spoke to the board noting they cut the ribbon for some improvements that were made at Hovey Pond Park noting this was accomplished from a grant from DEC, accomplished a year ahead of schedule. RESOLUTIONS RESOLUTION APPOINTING TED BIGELOW AS DATA COLLECTOR/APPRAISER RESOLUTION NO. 576, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Assessor has advised the Town Board that due to the resignation of the Data Collector/Appraiser in the Town Assessor’s Office, there is presently a vacancy in the position, and WHEREAS, the Town Assessor has recommended the appointment of Ted Bigelow, currently the City of Glens Falls’ Assistant Assessor, as the Town of Queensbury Data Collector/Appraiser, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes the appointment of Ted Bigelow th to the full-time position of Data Collector/Appraiser effective December 14, 2004, subject to Mr. Bigelow’s successful completion of the required Civil Service Exam and any other Civil Service requirements, an eight (8) month probation period and a physical as required by Town Policy, and BE IT FURTHER, RESOLVED, that Mr. Bigelow shall be paid the annual salary of $42,000, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 658 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Budget Officer to complete any forms and take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 29 day of November, 2004 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION AUTHORIZING EXTENSION OF EMPLOYMENT FOR HOWARD BLUEGE, PART-TIME, TEMPORARY EMPLOYEE IN TOWN ASSESSOR'S OFFICE RESOLUTION NO.: 577, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 507,2003, the Queensbury Town Board authorized the Town Assessor to extend the employment of Howard Bluege to work in the Town Assessor’s th Office on a part-time, temporary basis working approximately 30 hours a week through April 30, 2004, and WHEREAS, by Resolution No.: 281.2004, the Queensbury Town Board again authorized st the extension of the employment of Mr. Bluege to work until September 1, 2004 or such time as the Town Assessor could fill the Data Collector/Appraiser position, and WHEREAS, the Town Assessor has advised the Town Board that due to the delay in hiring a Data Collector/Appraiser in the Town Assessor’s Office as well as the ongoing work related to the 2005 Revaluation, she would like Town Board authorization to extend the term of employment for st Mr. Bluege until June 1, 2005, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and Mr. Bluege is the husband of Helen Otte, Town Assessor, and WHEREAS, the Town Board has considered the Assessor’s request and agrees that such extension of employment is appropriate and necessary, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 659 RESOLVED, that the Queensbury Town Board hereby authorizes the extension of the employment of Howard Bluege to work in the Town Assessor’s Office on a part-time, temporary st basis working approximately 30hours per week until June 1, 2005, and BE IT FURTHER, RESOLVED, that Mr. Bluege shall continue to be paid a wage of $12.36 per hour for the 2004 year, and shall be paid the hourly rate for the part-time, temporary position as will be determined and authorized by the Town Board for the 2005 year, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Budget Officer and/or Town Supervisor’s Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 29 day of November, 2004, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION AUTHORIZING CONTRACTUAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND CONVENIENT MEDICAL CARE, P.C. FOR SUBSTANCE TESTING SERVICES RESOLUTION NO.: 578, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to enter into a Contractual Agreement with Convenient Medical Care, P.C. to perform substance testing services for the Town for 2005 in accordance with Federal Motor Carrier Safety Regulations (FMCSR), and WHEREAS, Convenient Medical Care, P.C., has offered to perform these services in accordance with the terms and provisions of the Contractual Agreement presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Contractual Agreement between the Town of Queensbury and Convenient Medical Care, P.C., to perform substance testing services for 2005 with the costs for such services to be paid for from the appropriate account(s) as determined by the Town’s Budget Officer, and REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 660 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Contractual Agreement and take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 29 day of November, 2004, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None A0BSENT:None RESOLUTION AUTHORIZING 2005 RENEWAL CONTRACTS FOR EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH EMPIRE BLUE CROSS BLUE SHIELD RESOLUTION NO. 579, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury previously entered into agreements for employee group health insurance plans with Empire Blue Cross Blue Shield, and WHEREAS, the Town Budget Officer, in conjunction with Capital Financial Group, has negotiated renewal contracts for the year 2005 with Empire Blue Cross Blue Shield, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal contracts for the year 2005 with Empire Blue Cross Blue Shield with the 2005 monthly premiums to be as follows: MEDICARE MEDICARE MEDICARE INDIVIDUAL FAMILY INDIVIDUAL 2-PERSON FAMILY PPO 392.52 1147.40 360.99 721.97 1115.89 EPO 373.75 1092.57 343.74 687.48 1062.56 DENTAL 53.94 53.94 N/A N/A N/A and BE IT FURTHER, REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 661 RESOLVED, that the health insurance cost-sharing formula shall increase from 10% in 2004 to 12% in 2005 for PPO coverage and from 2% in 2004 to 4% in 2005 for EPO coverage, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 29 day of November, 2004, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None RESOLUTION TO AMEND AND RESTATE DEFERRED COMPENSATION PLAN FOR TOWN OF QUEENSBURY EMPLOYEES RESOLUTION NO.: 580, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5 of the New York State Finance Law ("Section 5") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of the Town of Queensbury (the "Model Plan") and offers the Model Plan for adoption by local employers, and WHEREAS, the Town of Queensbury, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of the Town of Queensbury, and WHEREAS, effective May 21, 2004, the Board amended the Model Plan to adopt provisions relating to: ?? Authorization to reject a participant investment request if the request is contrary to the rules, regulations or prospectus of the affected investment fund. ?? Authorization to distribute assets that have been rolled into the plan from another qualified retirement plan in accordance with the distribution rules of the plan that previously held the assets. ?? Limitations on a participant’s eligibility to obtain a loan in the event that the participant has previously defaulted on a loan. ?? Modifications related to comments provided by the Internal Revenue Service in response to the Board’s request for a private letter ruling stating that the Model Plan document constitutes an “eligible deferred compensation plan.” REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 662 ?? Technical amendments pertaining to plan loan rules and the status of plan loans and other withdrawals upon the death of a participant. and WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations, and WHEREAS, upon due deliberation, the Town Board has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of the Town of Queensbury by adopting the amended and restated Model Plan, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby amends the Deferred Compensation Plan for Employees of the Town of Queensbury effective May 21, 2004 by adopting the amended and restated Model Plan effective May 21, 2004, in the form attached hereto as Exhibit A, a summary of such changes to the Model Plan being presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Budget Officer to sign any documentation and take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 29 day of November, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:Mr. Brewer EXHIBIT A Summary of Changes to the Model Plan Document (Effective May 21, 2004) The New York State Deferred Compensation Board voted to amend the Plan Document for the Deferred Compensation Plan of [Name of Local Employer], commonly referred to as the Model Plan Document, on September 27, 2004. The following is a summary of those amendments. - The determination of the maximum Retirement Catch-Up deferral amount Retirement Catch-Up Limitation is limited to the plan years during which the participant was eligible to participate in the Model Plan sponsored by his or her current employer. (Section 3.2(b)(ii)) Individual Transaction Restrictions - The Administrative Service Agency of a Model Plan may reject an investment direction from a participant if the requested transaction would be contrary to the rules, regulations or prospectus of the investment fund. (Section 4.5) Mandatory Distribution of Plan Accounts - Model Plans are permitted to require a participant to withdraw all assets from his or her plan account if the account holds less than $5,000. This amendment will require the Model Plan to comply with requirements of the Internal Revenue Code (§401(a)(31)) with regard to such mandatory distributions and to comply with any future rules relating to that section. (Section 6.4) Plan Loan Rules - A Model Plan that permits loans must, at a minimum, comply with the provisions set forth in the Model Plan document in the event the Model Plan sponsor adopts additional requirements. (Section 6.5) REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 663 s Subsequent to a Default – Any loan that is in default is deemed to be an outstanding Limitations on Loan loan until paid in full. A Model Plan may permit a loan to a participant who has previously defaulted on a loan, but only after the maximum time period for which the original loan could have been repaid has expired. The amount of the original loan and accrued interest is deducted from the maximum permissible amount for any loan subsequent to a default. (Section 6.5) Withdrawal of Rollover Assets - A Model Plan may permit participants who have rolled assets into the plan from another qualified retirement plan to receive a distribution of those assets at any time in accordance with the rules of the plan that originally held the assets provided that the assets are separately accounted for. Assets rolled in from another governmental deferred compensation plan may not be distributed until the participant is eligible for a distribution under the rules for a governmental deferred compensation plan. (Sections 6.6 and 7.5(b)(ii)(C)) - If a participant should Status of Plan Loans and In-service Withdrawal Requests Upon Death of Participant become deceased prior to the payment of proceeds of any withdrawal or loan requested under Section 6, the loan or benefit payment request is deemed void as of the date of his or her death. (Section 6.7) Rollovers by Alternate Payees - A direct rollover of assets into a Model Plan by an alternate payee may only be made by an alternate payee who is the spouse or former spouse of the participant in the plan. (Section 7.5(b)) - Participants may use plan assets to purchase retirement service credit Purchase of Retirement Service Credit in any governmental defined benefit plan. This provision is no longer restricted to such plans within the State New York. (Section 7.5(c)) – As requested by the IRS, provides clarification that Deferred Liability Limitation of Committee Members Compensation Committee members are not protected from liability in the event that the member has failed to act in good faith or has engaged in gross negligence or willful misconduct. (Section 9.3) Deferral Limits for 2005 Regular Deferral Limit Additional Deferral for Age 50 and Maximum Retirement Catch- Over Participants Up Deferral $14,000 $4,000 $14,000 Participants who become Age 50 at any time during calendar year 2005 are eligible to make Age 50 and Over Catch-Up Contributions. Participants who are eligible to retire in 2008 or sooner without a reduction in benefits are eligible to participate in the Retirement Catch-Up provision in 2005. The additional amount that a participant may contribute under the Retirement Catch-Up provision is based on the difference between the amount contributed to the Plan in past years and the maximum amount that could have been contributed to the Plan in those years (“underutilized deferrals”). A participant may not make Age 50 and Over contributions and Retirement Catch-Up contributions during the same time. However, if a participant is participating in the Retirement Catch-Up provision and is, also, eligible to make Age 50 and Over contributions, the higher contribution maximum may be used. RESOLUTION AUTHORIZING ENGAGEMENT OF JARRETT-MARTIN ENGINEERS, PLLC FOR PREPARATION OF BUTTERNUT HILL ROAD WATER FEASIBILITY STUDY RESOLUTION NO.: 581, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury’s Water Superintendent requested a proposal from Jarrett-Martin Engineers, PLLC (JME), a professional engineering firm, for the provision of a water feasibility study in the area along Butternut Hill Road in the Town ofQueensbury, and WHEREAS, JME has offered to provide the specified engineering services for an amount rd not to exceed $3,200 as delineated in a copy of JME’s November 23, 2004 proposal presented at this meeting, and REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 664 WHEREAS, the Water Superintendent has recommended that the Town Board engage the services of JME to provide the specified engineering services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Jarrett-Martin Engineers, PLLC (JME), for the provision of a Butternut Hill Road Water rd Feasibility Study in accordance with its November 23, 2004 proposal presented at this meeting for an amount not to exceed $3,200 to be paid from Engineering Miscellaneous Contractual Account No.: 001-1440-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes that payment for the engineering services should be made from 2004 appropriations for this purpose, after services have been completed and a voucher has been approved, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Budget Officer 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. th Duly adopted this 29 day of November, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A HOUSING REHABILITATION REVOLVING LOAN FUND IN CONJUNCTION WITH THE FY2004 NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL (DHCR) HOME PROGRAM RESOLUTION NO.: 582, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has received loan repayments ( program income) from a HUD Grant B-93-DH-36-0292 (the AMG Economic Development Loan), and REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 665 WHEREAS, these loan repayments can be used for eligible activities according to HUD Guidelines, and WHEREAS, the Town of Queensbury earmarked up to $100,000 of its program income fund for the establishment of a Housing Rehabilitation Program Revolving Loan Fund as part of the Town’s application for funding under the NYS DHCR HOME Program in February, 2004 in accordance with Town Board Resolution 105, 2004, and WHEREAS, the Town has been notified that the application for HOME Program Housing Rehabilitation grant assistance has been approved and has been assigned SHARS ID #20040111, and WHEREAS, The Town of Queensbury now wishes to establish a Revolving Loan Fund for income eligible homeowners to pay for needed housing rehabilitation improvements that are not covered under the HOME Housing Rehabilitation Program, and WHEREAS, the maximum grant under the Town’s approved HOME Program is $20,000 and the maximum loan from the Town’s loan fund will be $5,000, and WHEREAS, the formal establishment of the Town Housing Rehabilitation Revolving Loan Program is an integral part of the implementation of the Town’s approved HOME Program, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby establishes a Housing Rehabilitation Revolving Loan Fund in an amount not to exceed $100,000 utilizing its current “program income” account with such loan funds to be used in conjunction with the implementation of the Town’s HOME Housing Rehabilitation Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and further authorizes the Town Supervisor, Executive Director of Community Development and/or Budget Officer to take all other action necessary to effectuate the terms of this Resolution. Duly adopted this 29th day of November, 2004, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 666 RESOLUTION REQUESTING SEQRA LEAD AGENCY STATUS IN CONNECTION WITHMAIN STREET CONNECTOR ROAD PROJECT PIN NO.: 1756.69 RESOLUTION NO. 583, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 251.2001, the Queensbury Town Board authorized engagement of the engineering services of Barton & Loguidice, P.C. (Barton) for the provision of engineering, planning and landscaping architecture services in connection with the proposed Main Street Infrastructure and Redevelopment Plan (Project) and by Resolution No.: 85.2003, also authorized engagement of Barton for the design of the Main Street Connector Road, and WHEREAS, by Resolution No.: 298, 2004, the Town Board authorized engagement of Barton for the provision of engineering services in connection with implementation of the Project in accordance with the Locally Administered, Federal Aid Project process, referred to as Project PIN No.: 1756.69, and WHEREAS, the proposed Project is an unlisted action in accordance with the rules and regulations of the State Environmental Quality Review Act (SEQRA), and WHEREAS, the Town Board is duly qualified to act as lead agency for compliance with the SEQRA which requires environmental review of certain actions undertaken by local governments and in accordance with the coordinated review procedures of SEQRA, the Town of Queensbury Town Board wishes to be designated as the SEQRA Lead Agency for the proposed Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby indicates its wish to be Lead Agency for SEQRA review of the proposed Main Street Infrastructure and Redevelopment Plan, Project PIN No.: 1756.69 and authorizes and directs the Town Clerk and/or Executive Director of Community Development to send a copy of the Short Environmental Assessment Form Part I presented at this meeting, along with a certified copy of this Resolution stating the Town Board’s intention to be declared Lead Agency, to any and all communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law. th Duly adopted this 29 day of November, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 667 RESOLUTION AUTHORIZING ENGAGEMENT OF GLENS FALLS NATIONAL BANK AND TRUST COMPANY AS INVESTMENT MANAGEMENT AGENT FOR FIRE COMPANY SERVICE AWARD PROGRAM AND AUTHORIZING INVESTMENT MANAGEMENT AGREEMENT AND UPDATED INVESTMENT POLICY RESOLUTION NO.: 584, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, in 1995, the Queensbury Town Board adopted Local Law No. 4 of 1995 which Local Law amended the Town of Queensbury’s Fire Service Award Program to broaden the nature and type of investments that could be made with the Program funds, and WHEREAS, in furtherance of such authorization, the Town Board wishes to approve and authorize the Investment Policy as part of the Investment Management Agreement with the Glens Falls National Bank and Trust Company for the Town’s Volunteer Fire Service Award Program, and WHEREAS, copies of the Investment Policy and Investment Management Agreement are presented at this meeting and are in form acceptable to the Town’s Budget Officer and Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges that the Town of Queensbury is the trustee for the Town’s Volunteer Firefighter Service Award Program, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the continued engagement of Glens Falls National Bank and Trust Company as an investment management agent and hereby approves and authorizes the updated Investment Policy, as Exhibit A of the Investment Management Agreement, and such Exhibit A constitutes the investment policy to be used as the objective in managing the Town of Queensbury’s Volunteer Fire Department Service Award Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Investment Policy as part of the Investment Management Agreement with Glens Falls National Bank and Trust Company, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 668 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 29 day of November, 2004, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None RESOLUTION TO AMEND 2004 BUDGET RESOLUTION NO.: 585, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2004 Town Budget as follows: BUILDING AND GROUNDS FROM: TO: $ AMOUNT: 001-1620-1530-0002 001-1620-1400-0002 1,000. (Mechanic O/T) (Laborer O/T) 001-1620-1230-0002 001-1620-1470-0002 500. (Cleaner O/T) (Foreman O/T) COMMUNITY DEVELOPMENT FROM: TO: $ AMOUNT: 001-8010-4720 001-8010-1915-0002 400. (Consultant Fees) (Off. Spec. OT) COMMUNITY DEVELOPMENT FROM: TO: $ AMOUNT: 001-8020-4220 001-8010-4090 575. (Training & Ed) (Conference Exp.) 001-3620-4020 001-3650-4400 14. (Uniform) (Demo. Unsafe Bldgs) REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 669 001-1990-4400 001-3620-4400 3,150. (Contingency-Misc. Cont.) (Misc. Contractual) 001-8020-2001 001-8020-4742 750. (Misc. Equipment) (Non-Reimb. Eng.) WATER FROM: TO: $ AMOUNT: 040-9040-8043 40-8340-4820 600. st (1and Prof. Fees) (Uniforms) 040-8310-1910-0002 40-8310-4030 100. (Sr. Typist OT) (Postage) 040-1950-4430 40-8310-4030 115. (Property Taxes) (Postage) th Duly adopted this 29 day of November, 2004, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:None RESOLUTION APPROVING AUDIT OF BILLS – RD ABSTRACT OF NOVEMBER 23, 2004 RESOLUTION NO.: 586, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as rdth the Abstract with a run date of November 23, 2004 and a payment date of November 30, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a run rdth date of November 23, 2004 and payment date of November 30, 2004 numbering 24-542100 through 24-563400 and totaling $604,979.12, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 29 day of November, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 670 NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF BARTON & LOGUIDICE, P.C., CONSULTING ENGINEERS TO COMPLETE TEA-21 FUNDING APPLICATION IN CONNECTION WITH QUEENSBURY GATEWAY TREATMENTS PROJECT(S) – PIN NO.: 1756.27 RESOLUTION NO.: 587, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to make certain improvements in the vicinity of Main Street in the Town of Queensbury known as the “Queensbury Gateway Treatments Project” (Project) PIN No.: 1756.27, incorrectly referred to as Project PIN No.: 1756.14 in Resolution No.: 410,2002, and WHEREAS, certain improvements planned by the Town relating to this Project may be st eligible for grant funds under the Transportation Equity Act for the 21 Century (TEA-21), and WHEREAS, the Town of Queensbury’s Executive Director of Community Development has recommended that the Town Board authorize engagement of the services of Barton & Loguidice, P.C. for the provision of engineering, planning and landscaping architecture services to complete such TEA-21 funding application for the Project, such services not to exceed the amount of $88,000 as delineated in Barton & Loguidice, P.C.’s proposal of July 29, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.C. to complete a TEA-21 funding application in connection with the proposed Queensbury Gateway Treatments Project PIN No.: 1756.27 in accordance with its July 29, 2004 proposal for an amount not to exceed $88,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for such services shall be paid from Account No.: 134-8020-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Budget Officer 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. th Duly adopted this 29 day of November, 2004, by the following vote: REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 671 AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None ATTORNEY MATTERS TOWN COUNSEL, HAFNER-Spoke to the board regarding hunting near residences. The State is the highest level of government that we have in New York State it sets the rules. The State has a law that you can’t hunt within five hundred feet of a property this is uniformed throughout the whole State. Spoke to the board noting he was asked to look into the Vehicle and Traffic Law. The State had put in a statue allowing local municipalities to add a ten-dollar surcharge. This goes back to last year the State took away that Town’s received a certain amount of funds from vehicle fines that are handled in their Town Court. The State took that money away what they did initially to try to mollify Town’s is they put this surcharge, which they were going to allow Town’s to do an extra ten dollars on certain types of incidents, which Town’s would be able to keep. Right now both houses of the State Legislature have passed a law, which would put things back the way they were. SUPERVISOR STEC-Including the ten-dollar surcharge there would be no ten dollar surcharge? TOWN COUNSEL, HAFNER-If they do that the ten dollar surcharge would end up not going to the Town, but it would end up going to the State instead noting it is retroactive. SUPERVISOR STEC-There would be a ten dollar surcharge, which would be new it would go to the State not the Town? TOWN COUNSEL, HAFNER-Right now we have legislation that puts us right back to where it is. It is not law yet because it has not gone to the Governor. Once it goes to the Governor he has ten days to sign it, veto it, if he doesn’t sign it, it is as though he signed it. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLTUION NO. 588, 2004 INTRODUED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from their Regular Town Board Meeting. TH Duly adopted this 29 day of November, 2004, by the following vote: Ayes: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor Noes: None Absent:None No further action taken. On motion meeting adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury REGULAR TOWN BOARD MEETING 11-29-2004 MTG#56 672