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2005-03-07 MTG11 REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 90 REGULAR TOWN BOARD MEETING MTG# 11 TH MARCH 7, 2005 RES#134-148 7::05 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VAN DUSEN EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, MARILYN RYBA DIRECTOR OF PARKS & RECREATION, HARRY HANSEN SENIOR PLANNER, STUART BAKER PRESS TV 8 - POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER PUBLIC HEARINGS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THROUGH NEW YORK STATE CITIES PROGRAM OPENED 7:06 P.M. NOTICE SHOWN STUART BAKER, SENIOR PLANNER-The Town of Queensbury is looking at submitting a grant a current competitive grant round to the Governor’s Office for Small Cities for their Community Development Block Grant Program. As part of the application process the Town is required to hold two public hearings tonight is the first of those. Tonight the purpose of the public hearing is to do an introduction to the Community Development Grant Block Program and New York States administration of it. To give a brief introduction to what we’re proposing for a grant application then open it up to any questions or comments from the board or public. The Community Development Block Grant Program is a federal program that provides funding for housing and community development. It originates from a 1974 Federal Law the Housing and Community Development Act, which authorized the programs developed. It’s administered in Washington by the Department of Housing and Urban Development consisting of two programs. An Entitlement Program that provides funding directly to urban areas such as the City of Glens Falls. A Small Cities Program, which provides funds to smaller and more rural communities. In New York State the Governors Office for Small Cities administers the CDBG Program for the non-entitlement communities. This year in New York State there is about fifty two million dollars available through the Small Cities Program this is for non-entitlement communities, which means that we will be competing with about three hundred other communities statewide for funding. Fewer than one hundred applications are funded each year of that fifty two million about sixty percent of that money is set aside for housing public facilities or micro-enterprise type programs. Thirty-five percent is for economic development programs. Five percent is used for imminent threat, administration and technical assistant programs. This application round we’re applying to is for housing public facilities, micro-enterprise, and comprehensive grants. Nationwide there are nine national objectives, which the State then uses to set their proprieties for each year. The New York State Small Cities Program objectives this year are to continue to support a mix of rehabilitation, conversion, and construction activities, to preserve and increase REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 91 affordable housing both for renters and owners. Encourage and assist local governments to develop comprehensive economic development strategies. Encourage and assist local governments to develop comprehensive public facilities improvement strategies. Develop and implement strategies, which facilitate coordinating using Community Development Block Grant Funds with other federal state and local community development resources. As, I stated there are four types of grants in the CDBG program. Housing, public facilities, and micro-enterprise, and comprehensive projects. Housing programs consist of housing rehabilitation, new construction of affordable housing, direct homeowners assistance, and private water and wastewater system assistance. Again, the purpose the Community Development Block Grant Program is to assist low and moderate-income household so all of these programs need to meet that criteria. Public facilities activities consist of but aren’t limited to such things as water source and distribution, wastewater collection and treatment flood control, storm water drainage and other types of public works. Micro-enterprise is activities for projects supporting new or expanded micro-enterprises, which are businesses encompassing five or fewer employees. Comprehensive projects are basically larger projects that combine any of the previous three. Community Development Block Grant Funds must use at least seventy percent of the money they receive to assist and benefit persons of low and moderate income. Town of Queensbury did receive twenty five thousand dollars in technical assistance Community Development Block Grant Funding in 2003, which we used to develop our affordable housing strategy. The 2005 application we’re proposing is going to be following the recommendations of that strategy and it’s actually a follow-up to a 2004 application that we made which was not funded. We intend to apply for the maximum of four hundred thousand dollars in 2005 to do rehabilitation work on approximately twenty housing units. Our target areas are going to be South Queensbury and West Glens Falls. We’ve identified those areas because according to the census statistics those are the areas of Town the census block areas of Town that do have the highest population of low and moderate income people. The Deputy Director of the Governor’s Office for Small Cities is very familiar with our program he did tour our community including our target areas in 2004 before that application. Community Development staff as well as Shelter Planning and Development staff also went down to Albany and met with the Deputy Director and his staff to talk about our 2004 application and what we can do to improve it. Our plan for the 2005 application is to follow their recommendations Shelter Planning and Development is doing the th revisions on that application for us and we plan on submitting that to Albany by April 4. As, I nd said this is the first of two public hearings the second public hearing is scheduled for March 22; at that time I’ll be presenting more specific details on what exactly our application will be. At this point I would welcome any questions or comments from the board and public. SUPERVISOR STEC- I will declare the public hearing opened. At this point is there any member of the Town Board that would like to ask any questions before we solicit the public? Any members from the public that would like to comment on this Community Development Block Grant Application? MR. BAKER, SENIOR PLANNER-We do have a handout up here as well which has additional information about the program. SUPERVISOR STEC-That’s what you gave to the Town Board tonight as well? MR. BAKER, SENIOR PLANNER-That’s correct. SUPERVISOR STEC-Any members of the public that would like to comment? Two separate public hearings. MR. BAKER, SENIOR PLANNER-That’s correct. nd SUPERVISOR STEC-The second one you said is March 22? st MR. BAKER, SENIOR PLANNER-March 21. SUPERVISOR STEC-Two weeks from tonight’s will be the second separate public hearing? MR. BAKER, SENIOR PLANNER-That’s correct. SUPERVISOR STEC-Is there any members from the public we do have a good size audience tonight don’t be bashful if anyone wants to comment on the Community Development Block Grant Application public hearing. I will close the public hearing. REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 92 PUBLIC HEARING CLOSED CORRESPONDENCE NONE WARREN COUNTY SUPERVISOR REPORT – MICHAEL BARODY Mr. Barody spoke to the board regarding the following. Airport Committee: Met recently discussions held regarding the new storage hanger. Project is moving forward now working on financing to develop the site so there is room for expansion. B-17 will be coming to the Airport thnd sometime between August 19 and August 22 trying to finalize date. Trying to turn this into an event make it more into a family day. Looking for suggestions that people might have to expand the program to make it a fuller day and experience. Solid Waste Joint Committee Meeting: There is a piece of land in Washington County and Hartford that we have a lien on with Washington County. It is approximately seven hundred acres some of which are not usable because of wetlands. Development Agreement with Washington County went into this agreement years ago to possibly look at using this as a landfill in the future. Hartford has established a Local Law forbidding any landfills on this property we are being approached by a developer that is looking to convert the site into a construction and demolition landfill. Whoever proceeds with this project will have to jump through hoops with DEC they know that. There may be an opportunity as a County to get 1.6 million of our dollars that we have invested in over there back. The discussion is since we banked that land we thought that maybe it could be a landfill one day. Since we can’t make it a landfill should we look at and entertain offers to sell the property and get our money back no decision has been made at this time. Warren County Economic Development Committee: Would like to fold our efforts in with the Town of Queensbury noting he is very supportive of this. They are outlining goals for 2005 some of the main ones are. Follow through with Exit 18. Queensbury Industrial Park working on the infrastructure and the improvements. Working towards bringing the army there so that we can have the infrastructure and improvements. The North Creek Ski Bowl is a big project. Warren County Airport they are working to try to secure noting they have received a promise from Congressman Sweeney, but they will be doing the follow-up work to make sure we secure FAA monies for the study that we need for the lengthening of the runway so that we can get some of the bigger planes that want to come in and out. They are coming in and out now during perfect weather, but from a safety standpoint they would come in more assuredly if we are having bad weather with a little more length on the runway. Creating an Aviation Technical Park on some of the lands over there is something they are working on They are working with the Queensbury Planning Department on the Carey Industrial Park. Spoke to the board regarding the Memorial Day Parade because there has been a lot of talk regarding the Civil War Monument this year someone thought it might appropriate if we had someone read the history of TAPS where it came from. Councilman Brewer it may be a theme for the Essay Contest this year. Meeting to be held on the thirtieth at four o’clock at City Hall. Tourism Committee: Meeting held today met with the hotel/motel owners regarding tourism, occupancy tax. Looking for feedback from the public or Town Board regarding this. As they move forward trying to conceptualize how we want to best integrate input from the public as they work with us to spend the occupancy tax and what criteria should the occupancy tax be spent? Presented to board March through July Warren County Events Calendar. INTRODUCTION OF RESOLUTIONS FROM THE FLOOR RESOLUTION NO. 134, 2005 (RESCINDED) INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough COUNCILMAN BOOR-I’m going to ask Town Counsel to draft a resolution to rescind the rezoning for the property known as the Glens Falls Watershed from PR-10 to PR-42. If I could get a second, I’d just like to give a brief explanation of why I think that would be an appropriate move on the boards part. SUPERVISOR STEC-Is there a second? COUNCILMAN STROUGH-I’ll second it for discussion. REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 93 COUNCILMAN BOOR-Very difficult situation clearly for any of you that have been involved in litigation it is inappropriate and probably not wise to talk about specifics of a case before it goes to court. In this instance it wouldn’t be possible for me to talk about specifics because I have yet to see the action or the lawsuit. My understanding is that the Town was served on the th twenty-fifth of last month. As of today at twelve o’clock and today is March 7, I still have not received a copy of what I believe is a forty-five page lawsuit. This is troubling for a lot of obvious reasons. Number one, I have to assume that myself and the other four members of this board are named in this lawsuit and yet I have not seen it. I made a request of Counsel at our last meeting a week ago, as did Councilman Brewer and Strough that we wanted copies of it we have still not received it or if we have it must have come after one o’clock today. I’ve been on record for months or several months anyway that should Glens Falls go to litigation that I would not support Queensbury taxpayers footing the bill for this lawsuit. I have a little bit of empathy for Glens Falls taxpayers also. We haven’t done as much as we could outside of the courts to rectify and possibly come to an agreement with Glens Falls on this. Having said that, I would not want to give the impression that I would not having perhaps had discussions with them come away with the thought that in fact they weren’t willing to work with us and I thought maybe their requests or their concerns were unreasonable, I would not have a problem perhaps revisiting the rezoning. I think court and taxpayer dollars should be the last avenue I don’t think we’ve begun to have the types of discussions or exhausted the types of resources that we could apply to perhaps settling this issue without spending large amounts of taxpayer dollars. Again, it’s troubling that being named in a suit and almost two weeks later not being able to read the suit, can you speak to that Bob why is that the case? TOWN COUNSEL HAFNER-I thought you had received a copy. I didn’t know no one told me you hadn’t received it I’ll make sure you get one tomorrow. COUNCILMAN BOOR-You understand my concern that when you are sued it would be nice to be in possession of the lawsuit and now its two weeks later and still don’t have copies of it. TOWN COUNSEL HAFNER-It’s ten days since we were served. COUNCILMAN BOOR-Okay ten days then since this board was served not you. This board was the entity that’s being sued I believe the actions of this board. TOWN COUNSEL HAFNER-It’s the Town that was sued. COUNCILMAN BOOR-Our actions correct? TOWN COUNSEL HAFNER-It’s not you individually it’s the Town Board. COUNCILMAN BOOR-It’s the Town Board, right. These five individuals sitting are being sued as the Town Board and yet none of us have seen this lawsuit. COUNCILMAN BREWER-Roger it’s unfair to and I don’t want to get into a debate about it but it’s unfair to sit here and say that you won’t defend something you haven’t seen, how can you make that decision? On the other hand if you were so concerned about it why did you wait ten days to ask for a copy of it that’s unfair. COUNCILMAN BOOR-Tim I asked. COUNCILMAN BREWER-You asked once. COUNCILMAN BOOR-Tim I’ve asked more than that. TOWN COUNSEL HAFNER-Roger we have been asked once. It’s been filed with the Town Clerk’s Office since the twenty-fifth. COUNCILMAN BOOR-Okay. TOWN COUNSEL HAFNER-If you had let me know that you hadn’t received it we would of gladly made a copy of it. COUNCILMAN BOOR-When did it get sent out Bob when was it sent? REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 94 TOWN COUNSEL HAFNER-I said that, I thought you had received it. Obviously you haven’t gotten it we will make sure you get one. If you had even given me the courtesy of a call saying you hadn’t gotten it we would of made sure you got it. SUPERVISOR STEC-The only thing, I want to add because I think the rest of it would not be appropriate for public discussion is that we were served with this late Friday afternoon and Monday night a week ago today we did have a meeting. The Town Board did agree that we were going to wait until tonight’s meeting to be briefed before we made any decision so I think this whole discussion is premature. COUNCILMAN BOOR-Actually that’s not true Dan because I have e-mail where you said that we would have the meeting on the twenty-first of this month and when John Strough said that the statue would of passed when we could defend this you scheduled this meeting. SUPERVISOR STEC-That’s not true. COUNCILMAN BOOR-Well, I can produce that e-mail. SUPERVISOR STEC-That’s fine and produce the subsequent e-mail that told you both to check that the litigation meeting that we’re going to have updating the Town on all litigation would be for the twenty-first, but we were going to talk about this specific one this evening. That’s exactly what the e-mail that I sent last week to clarify. COUNCILMAN BOOR-I will be happy to give that e-mail to anybody that would be interested in reading it. The simple fact of the matter is I’m not comfortable with how we’ve handled this. I don’t think Glens Falls has handled it particularly well either but, I don’t think the ultimate solution is suing each other and spending taxpayer dollars it’s a lose-lose. When our Attorney or their Attorney says we can win this case, I’m not really sure what that means. Who ultimately wins, we all lose. We’re suppose to be fostering an environment intermunicipal cooperation and yet our neighbor who provides lots of services and we provide for them here we are in court over something quite frankly, I think we don’t need to be there for. I know that three board members here have made it very clear that they would like to pursue this lawsuit and that’s fine. I think that’s your decision and you are an elected official and I respect that decision. I think, I am also an elected official and I think it’s important to me that my constituents understand how I feel on this issue. I think we can do a better job working with Glens Falls and I don’t think we should handle these types of issues in court until that’s the last and only remedy. SUPERVISOR STEC-I agree except that I think it’s the Town’s responsibility to make sure that we keep all of our options open to the maximum extent possible, which means that if we need to file something in the next few weeks to say that we intend to defend ourselves. I would also disagree whole heartily with your characterization that the Town hasn’t handled itself or the whole thing properly or very well. This is an action that was taken three months ago and we went through extra pains to make sure people were notified and I can assure you that people were notified. We’ve done everything correct and I think that we would be foolish to discuss it any further until we are briefed by our Attorney, which was the original plan for this evening. We’ve had a motion and a second the action on this will take place under 8.0 so we won’t act on this right now. COUNCILMAN BOOR-I would insist that we vote on it. COUNCILMAN BREWER-We will vote on it. SUPERVISOR STEC-We are going to vote on it under 8.0 at the end. COUNCILMAN BOOR-We have a resolution from the floor and a second. SUPERVISOR STEC-Our resolution says, 8.0 actions. We will vote on it when I say we’ll vote on it, which will be following the rest of the resolutions. COUNCILMAN BOOR-Fine, fine. What number will this be? SUPERVISOR STEC-8.1, it will be the thirteenth resolution. TOWN COUNSEL HAFNER-Can I just interject to clarify a couple of points? REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 95 SUPERVISOR STEC-Sure. TOWN COUNSEL HAFNER-One thing when the suit was filed it had a court date of March 24, I believe. We have talked with the City of Glens Falls Attorney we’re going to work out a schedule that’s longer than that so the Town Board has more time then when we talked with you a week ago. SUPERVISOR STEC-Which, was what I was trying to say before the meeting started. TOWN COUNSEL HAFNER-We do not have to prepare any response before the twenty-fourth. If you wanted to wait to the twenty-first to discuss this when my partner Mark Schachner will be talking with you about all litigation matters that is something that you could do. SUPERVISOR STEC-That’s fine. We are going to need that resolution number thirteen for st tonight Bob rescinding whatever resolution it was of November 1, 2004. COUNCILMAN BREWER-What do you mean Dan? SUPERVISOR STEC-There is a motion on the floor unless somebody wants to withdraw the motion or the second. We are going to need to vote on something tonight Bob. I’m not sure how much detail you are going to need between now and then. TOWN COUNSEL HAFNER-The process for rescinding is not just a simple resolution rescinding. I mean you changed the zoning you went through a process to change to the zoning. Rescinding will be going through the process to change the zoning back to what it was. COUNCILMAN BOOR-Would you do that for tonight? COUNCILMAN BREWER-Tonight? TOWN COUNSEL HAFNER-What you have to do is first you have to have the language then you have to have a resolution setting the public hearing. COUNCILMAN BOOR-That’s what I’m asking for. I would like to start the process of rescinding and we get to vote yes or no on it in 8.13. TOWN COUNSEL HAFNER-What, I would recommend is if that’s what you want to do you authorize us to come back with the resolution to start the process at your next meeting that way we would have time. COUNCILMAN BOOR-But, we would vote on that tonight. TOWN COUNSEL HAFNER-You can vote on the resolution directing us to prepare the resolution to start the process for your next meeting you can vote on that tonight. SUPERVISOR STEC-For what is likely going to happen tonight that will suffice. COUNCILMAN BREWER-All in all you really need to think about this. SUPERVISOR STEC-I was going to say it’s hard to put something together like this at seven o’clock. COUNCILMAN BOOR-Actually it’s pretty easy, but I understand your position. OPEN FORUM SUPERVISOR STEC-Spoke to the public regarding the reval of the Town of Queensbury noting the Assessors Office mailed out letters on Friday with detail instructions regarding the grieving process. Bob Keenan, IT Director put it on the Town’s Website, www.queensbury.net there is a link to Assessment Information. You may look up the data on this website by putting in a tax map number or an address. The tax roll is available at the Assessors Office area in the Town Hall. The Town did go from an assessment of roughly one billion eight hundred and fifty million to two billion nine hundred and fifty million. It went up by one point one billion dollars or fifty three percent noting it does not mean that taxes will go up fifty three percent. The tax REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 96 rate will come down because it will be offset by a much larger total assessed value in the Town. There will be an opportunity to speak on the specifics issues with the Assessor Office. PAUL H. NAYLOR, DIVISION ROAD, QUEENSBURY-Noted his Corinth Road taxes went up his Division Road taxes went down. Asked the board to be nicer to each other. BETTY MONAHAN-Lake Sunnyside. Spoke to the board regarding the lawsuit of City of Glens Falls noted she was not happy when she read the article in the newspaper. Is disappointed the Town is going to engage in a lawsuit with the City over the rezoning. This will result in a tremendous bill for the taxpayers of the City and Town noted for what reason. The rezoning accomplishes no good purpose no defensible purpose for the citizens of this Town. It will generate a great deal of bad feelings between the people of Glens Falls and the people of the Town of Queensbury. Spoke to the board regarding her concern about the ethical issues noting according to the Post Star the Supervisor and Marilyn Ryba met with the Mayor no other members of the Town Board were at that meeting. It is not within the perimeters of your job to set Town policy. It is within the perimeters of the Town Boards job to set Town Board policy. SUPERVISOR STEC-This is not true. MRS. MONAHAN-Was any Town Board member at that meeting? SUPERVISOR STEC-Noted he meets with the Mayor of Glens Falls frequently through the course of his duties. The meeting that, I assume you are talking about is one that the City of Glens Falls asked for not to talk about this rezoning. It was to ask about joining us in an attempt to jointly submit an application for a grant that has to do with quality communities that’s why Marilyn Ryba was there the purpose of the meeting had nothing to do with rezoning. MRS. MONAHAN-That’s not what was in the paper. SUPERVISOR STEC-I do not write the paper. MRS. MONAHAN-Wonders about the actions when you worry about the rights of a property owner but, when you work with the City of Glens Falls and you don’t worry about their property rights noting she would like to see consistency here that the City of Glens Falls not be treated differently. Has a problem with the firm of Attorney’s that’s given you the pros and cons of this lawsuit being also the ones that will be getting extra pay if this lawsuit goes to court. Thinks it is a conflict of interest does not think it is ethical. When we look at this rezoning look at our Master Plan that talked about cooperation between the Town and adjoining communities we’re not following it. Asking Queensbury to live up to the position in this region. You are a class one Town would like to see you act like class one government for the Town. Take a leadership role and treat our surrounding communities with the dignity and the consideration that they should be treated with. SUPERVISOR STEC-For the record couldn’t disagree with the characterizations that you made more noted he is disappointed. KATHLEEN SALVADOR-Spoke to the board regarding the occupancy tax. Believes the occupancy tax was set up to advertise for new business, new visitors coming to this area not to bail out a project that has ended up in the red. This is what we need; we need new visitors coming to this area. We need the repeat business and they will bring a little bit of new business also. Thinks they have to go further with the advertising. Noted her support for the Airplane event that is going to be held at the Airport recommended brining antique airplanes to go along with the B-17 plane that is coming in. SUPERVISOR STEC-They were talking about trying to attract an antique car show to the B-17 event. JOHN SALVADOR-Last week noted he spoke to the board regarding some of the abuses that are going on in the forest preserve in North Queensbury. Spoke to the board regarding an article from the April issue of Adirondack Life to the board regarding a scandal at the Great Sacandoga; the scandal deals with the State leasing the forest preserve. Read a prepared statement to the board regarding filing of a motion in the Appellate Division Third Department of New York State Supreme Court seeking permission to pursuing an action against the State of New York including the Department of Environmental Conservation for allowing commercial activity on the peoples land in the state forest preserve. REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 97 PLINEY TUCKER-Asked the status of the land near the Water Treatment Plant regarding Niagara Mohawk? TOWN COUNSEL-The person from Niagara Mohawk left a message saying that Niagara Mohawk has gotten their internal approvals and that they would be moving forward with the transfers soon noting he will continue to work on this. MR. TUCKER-Asked the status of AMG? Asked if the Town will be getting any money back? TOWN COUNSEL, HAFNER-They have gone through the sentencing they have not done any collecting. They are working on collecting and if they do the different creditors of AMG will get their share noting the Town is one. MR. TUCKER-Asked if anyone has gone to jail regarding this? TOWN COUNSEL, HAFNER-Thinks they have been sentenced doesn’t know exactly if they have been incarcerated. MR. TUCKER-Asked if the board could find out? SUPERVISOR STEC-I will. SENIOR PLANNER, MR. BAKER-Correction himself on his presentation noting the target area for the 2005 CBDG application will be West Glens Falls only. South Queensbury is currently included in our home program housing rehabilitation project. It is also included in our application that was recently submitted to the Affordable Housing Corporation. Anyone from the public who is interested in this or has questions about the Town’s affordable housing programs current or proposed is welcome to give him at call at 761-8222. COUNCILMAN BOOR-Asked what is the turn around for the applications? SENIOR PLANNER, MR. BAKER-The Affordable Housing Corporation they have a reputation for relatively rapid turnaround, which may mean a couple of months. Community Development Block Grant you typically don’t hear until September or October after an April submittal deadline. MR. BARODY, SURCINGLE ROAD-Spoke to the board regarding the Reval. The board has pull with their State Assembly Leader and Senate Representative this law and the way it is currently administered is a problem in the State and is creating many problems for the residents. Thinks when they went to market numbers back in the eighties believes this is what sent us in the wrong direction and gave us the skewed situation. We are currently in a real estate market bubble, which has been good for a lot of people. We also are in a situation where we have the lowest interest rates that we’ve had in decades noting they are heading in the other direction. Spoke to the board regarding Glen Lake and their assessment noted his concern for the senior citizens on the lake. The biggest impact is on the seniors need to have a law where they cap the maximum rate increase people receive when they are residing in their homes. If their home turns over, given to the children or is sold on the market he can see it going back up to the market cap. When people are residing in these houses for a long period of time doesn’t think they should get this type of sticker shock just to maintain their homes. COUNCILMAN BOOR-Spoke to the board having lived in California for eighteen years they have in that State what’s called Prop 13, which essentially caps the cost of homes at 1977 they chose that year. Anything built after that fluctuated, but anything prior to that stayed at that value in 1977, it work quite well there were some issues with education. We are facing some of the types of situations that you would normally associate with much more affluent west coast types of situations. MR. BARODY-Need to get some momentum going to do something about this. SUPERVISOR STEC-What can the Town Board do to mitigate these circumstances control spending as best we can. As far as the system of the property tax and the value of somebody’s property determining how much they pay in taxes this was a decision made by New York many many years ago. If there is going to be an effort to say we’re not comfortable with this it is the State that would be changing the law not any Town. Whether it’s fair or not fair certainly it is a REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 98 State issue to fix on peoples behalf we can certainly take that action, appreciates Mr. Barody’s comments. PETER BROTHERS, WARD ONE, QUEENSBURY-Concurs with what Supervisor Stec and Mr. Barody was saying with regard to the assessment, appreciates the fiscal conservatism with regard to making efforts last year to give one million dollars back to the taxpayers would like to see this continue. The same goes for Councilman Boor in expressing concern with regard to the way people are impacted with the reassessment. Should be thinking about comparions with municipalities in Warren County noted the State Office of Real Property Services website shows significant disparities due to the reassessment criteria. SUPERVISOR STEC-The process is more complicated than any of us has indicated noted it is hard to explain. MR. BROTHERS-The formulas that are used to correct the disparity are skewed not working in the way they are intended to be working. Spoke to the board regarding Medicaid noting it has become very costly to taxpayers noted he would like the County to highlight the Medicaid portion of our County property taxes to show how much we are paying. Is concerned for Welfare that we are paying a lot for non-medically necessary prescriptions, asked Supervisor Stec to carry this to the County meetings. Spoke to the board regarding North Queensbury Fire District and the issues of the fire district. DAVID STRAINER, 1124 RIDGE ROAD-Concur with Mr. Barody’s comments. Spoke to the board regarding the Workshops noting they are being attended a little heavier now. SUPERVISOR STEC-Next Monday’s Workshop will be held in the Activity Center MR. STRAINER-Asked the Town Board if they have given it any thought of putting it in a bigger place besides next weeks? SUPERVISOR STEC-We try to go by the agenda we do the best we can. BERNARD RAHILL, WINCREST DRIVE-Spoke to the board noting he feels there is a need for reflectors on the roads in Queensbury. Is concerned with Quaker Road that there are no lights, visibility is poor it is very dangerous. The Town and Highway Department should investigate the need for reflectors on the sides of the road to give light to the areas that don’t have lights above them. OPEN FORUM CLOSED 8:20 P.M. TOWN BOARD DISCUSSIONS COUNCILMAN STROUGH- Spoke to the board regarding the Workshop for next Monday. The Workshop is specifically on the bridge going over Rush Pond it might branch out to other situations. Has put together a package regarding this if anyone is interested in a copy would gladly e-mail a copy or contact him at Strough@capitalnet. Drafted a letter Town Board received it today to the landowners seeking their permission to survey the property. Mrs. Monahan sent him a website regarding American Bikes, noting thought this could be useful for the PORC Committee. Part of the new T Program is going to be looking to get kids who can walk and bike safely to their schools this is what his Rush Pond proposal does. Spoke to the board regarding a letter received from an eighth grader in support of the Community Center. Bob Hummel, Coach of Basketball in Queensbury also works in the Town with the Hooper Basketball Program noted the program is getting to the point where its very difficult to conduct the program out of the school facilities noted the need for something. SUPERVISOR STEC-Starting to get opinions on both sides of this issue. COUNCILMAN STROUGH-Asked Executive Director Ms. Ryba if she has a copy of the new Stormwater Management Guidance Manual for Local Officials? If not he would be glad to get copies for Ms. Ryba and the Planning Board. Presented a map Queensbury is not listed on it everything is in Lake George need to work on this. th COUNCILMAN BOOR-Spoke to the board regarding the March 28 Workshop. Met with Drew Monthie and Greg Green they will be doing a Power Point Presentation on what they would like to do on the corner of Bay and Quaker Roads, encouraged anyone who has taken an interest in REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 99 this to attend. Lowe’s has stepped forward and agreed to provide materials for this corner hopes other businesses will recognize the importance of how our Town looks and what we can all do to improve it. SUPERVISOR STEC-It is entirely appropriate to recognize any individuals or businesses in Town that volunteer or contribute to Town projects. Asking anyone that wants to volunteer either for Fire or EMS to contact the Supervisors Office. Anyone that wants to donate time on Beautification/Outdoor trails kinds of projects to contact the Supervisors Office. Spoke to the board regarding the next two Workshops that are going to be held. Items to be discussed. Trails behind Rush Pond, Town Code (clean up of it). Will be talking about the potential of the City of Glens Falls and the Town consolidating Animal Control Department. West Glens Falls the need to move the building due to the connector road going through, Bay & Quaker Corner, Main Street Gateway Enhancements. Thanked TV 8 and Glens Falls National Bank for televising the board meetings, mentioned the Town’s website www.queensbury.net. Noting they have just added the property information regarding the reval. Attended the send off for Sergeant Major Rob McAlvoy, who was called back up to serve on active duty in the Army. He will be working with disabled Veterans coming back stateside he will be stationed in Washington, thanked him for his service. Spoke to the board regarding the Buildout Study. Executive Director, Ms. Ryba the School Board will have a copy of it in the morning. The Town Board members will as well and the Planning Board, PORC Committee, and ZBA, and staff, will go on the website tomorrow or the day after. Spoke to the board regarding the old Howard Johnson’s property. The Pyramid Corporation came in to get a demolition permit to demolish the structures. Attended the Grand Opening of Target. The District Manager said that the first several days of business were off the chart well in excess of what they had expected for a Grand Opening here. The performance they saw from the Queensbury Target was in the top hundred and fifty level of activity. Will be attending the Grand Opening of Starbucks on Sunday to welcome them to Town. Spoke to the board encouraged Town Board members if they have questions with any item on the agenda that Department Heads are available to answer questions in advance of a meeting. They appreciate the opportunity to answers questions in advance of the meeting. Likewise, I appreciate to answers questions myself in advance of a meeting. RESOLUTIONS RESOLUTION AUTHORIZING ACCEPTANCE OF PROPOSAL FOR CONSTRUCTION OF IMPROVEMENTS AT RIDGE/JENKINSVILLE PARK RESOLUTION NO.: 134, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Purchasing Agent requested proposals from construction firms for the furnishing of all materials and performing all work necessary for the construction of certain improvements described generally as tennis and basketball court construction, asphalt paving and landscaping at the Ridge/Jenkinsville Park site in the Town of Queensbury, and WHEREAS, the Town of Queensbury received nine (9) proposals and the Town’s Purchasing Agent, Director of Parks and Recreation and Project Architect Jim Miller reviewed the proposals, discussed with them with the Town’s Recreation Commission and have recommended that the Town Board engage the services of the lowest bidder, HMA Contracting Corp., which has agreed to provide the needed materials and services for an amount not to exceed the lump sum of $176,879, REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 100 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of HMA Contracting Corp.,for the furnishing of all materials and performing all work necessary for the construction of certain improvements described generally as tennis and basketball court construction, asphalt paving and landscaping at the Ridge/Jenkinsville Park site in the Town of $ Queensbury for an amount not to exceed the lump sum fee amount of 176,879 as recommended by the Town’s Purchasing Agent and Director of Parks and Recreation, and BE IT FURTHER, RESOLVED, that expenses for this project shall be paid for from the Ridge/Jenkinsville Park Improvement Project Account No.: 138-7110-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary forms or agreements related to this project if in form acceptable to the Town Supervisor and Town Counsel, and further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of March, 2005, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION AUTHORIZING HIRING OF RICHARD WHITMORE AS LIGHT MOTOR EQUIPMENT OPERATOR FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. 135, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 32,2005, the Queensbury Town Board established the full- time hourly position of Light Motor Equipment Operator in the Town’s Parks and Recreation Department, such position to be included in the Town’s Civil Service Employees Association, Inc. (CSEA) Bargaining Unit, and REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 101 WHEREAS, the Town of Queensbury’s Recreation Commission and Director of Parks and Recreation posted availability for the position, reviewed resumes, interviewed interested candidates and wish to make an appointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the appointment of Richard Whitmore to the full-time hourly position of Light Motor Equipment th Operator in the Town’s Parks and Recreation Department effective March 14, 2005 subject to Mr. Whitmore’s successful completion of a six month probation period, and BE IT FURTHER, RESOLVED, that Mr. Whitmore shall be paid at an hourly rate of $14.35, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of March, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 77,2005 REGARDING REAPPOINTMENT OF JACK LABOMBARD AS RECREATION COMMISSION MEMBER RESOLUTION NO.: 136, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 77,2005 the Queensbury Town Board reappointed Jack LaBombard to the Town’s Recreation Commission, and WHEREAS, such Resolution inaccurately listed the expiration date of Mr. LaBombard’s stst 20092011 term as December 31, instead of the correct expiration date of December 31, , and WHEREAS, the Town Board wishes to amend Resolution No.: 77,2005 accordingly, REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 102 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 77,2005 such that Jack LaBombard’s term on the Town’s Recreation Commission shall expire on December st 31, 2011, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 77,2005 in all other respects. th Duly adopted this 7 day of March, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.C. TO PROVIDE ENGINEERING SERVICES RELATED TO INSTALLATION OF PEDESTRIAN LIGHTING UNDER SANITARY SEWER CONTRACT 3 B – ROUTE 9 SEWER DISTRICT RESOLUTION NO.: 137, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously authorized engagement of C.T. Male Associates, P.C. (C.T. Male) for street lighting design services concerning the section of Route 9 located between Route 149 and the Warren County Municipal Center in connection with creation of the Route 9 Sewer District, and WHEREAS, C. T. Male has offered to provide engineering services related to pedestrian lighting along this same section of Route 9 for an amount not to exceed $7,300 as delineated in C.T. th Male’s Proposal dated February 16, 2005 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 engineering services related to the Route 9 Pedestrian Lighting th Project for an amount not to exceed $7,300 as delineated in C.T. Male’s February 16, 2005 Proposal presented at this meeting and as follows: REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 103 1. Design, Bidding and Recommendation of Award - $ 4,700. 2. Construction Administration and Inspection - $ 2,600 ----------- TOTAL: - $ 7,300 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 the Engineering Services (1440) and Consultant Fees (4720) Accounts as more specifically determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Budget Officer 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 7 day of March, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING SARATOGA COUNTY TO CONDUCT PILOT/DEMONSTRATION WATER TESTING NEXT TO THE TOWN OF QUEENSBURY’S WATER TREATMENT PLANT RESOLUTION NO.: 138, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Saratoga County is currently planning the design and construction of a 14 million gallon per day water treatment facility in the Town of Moreau with an intake upstream of the Town of Queensbury’s Water Treatment Plant, and WHEREAS, Saratoga County wishes to run a pilot facility to demonstrate the ability to treat water with a relatively new membrane filter process, and Saratoga County has requested permission from the Town of Queensbury to perform the demonstration testing on property next to the Town’s Water Treatment Plant, and REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 104 WHEREAS, Saratoga County has agreed to reimburse the Town of Queensbury for all costs th associated with the proposed pilot testing as set forth in the February 18, 2005 letter from Saratoga County’s Project Engineer, Malcolm Pirnie, Inc. to the Town’s Water Superintendent presented at this meeting, and WHEREAS, the Water Superintendent has recommended that the Town Board authorize Saratoga County to conduct such pilot tests as such testing would present no problems to the Town’s facilities and would provide the Town with valuable data for possible future upgrades to the Town’s Water Treatment Plant, and WHEREAS, the Town wishes to extend a spirit of cooperation for the mutual benefit of the Town and Saratoga County constituents by authorizing such pilot testing and feels that such testing would be in the best interests of the Town, its residents and the Consolidated Water District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes Saratoga County to run a pilot facility to demonstrate the ability to treat water with a relatively new membrane filter process, on property next to the Town’s Water Treatment Plant, as set forth in the th February 18, 2005 letter from Saratoga County’s Project Engineer, Malcolm Pirnie, Inc. to the Town’s Water Superintendent presented at this meeting, and BE IT FURTHER, RESOLVED, that Saratoga County shall reimburse the Town of Queensbury for any and all costs incurred as a result of such pilot testing, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Water Superintendent to execute any documentation associated with such water testing and authorizes the Town Supervisor, Water Superintendent, Budget Officer and Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of March, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPOINTING JENNIFER BAERTSCHI AS MEMBER OF TOWN HISTORIAN’S ADVISORY BOARD RESOLUTION NO. 139, 2005 REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 105 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously established and appointed members to the Town Historian’s Advisory Board in accordance with the Queensbury Town Code, and WHEREAS, the Town Historian has recommended that the Town Board appoint Town resident Jennifer Baertschi as an additional member of such Advisory Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Jennifer Baertschi as a member of the Town Historian’s Advisory Board until Ms. Baertschi’s term expires on December st 31, 2005. th Duly adopted this 7 day of March, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING BARTON & LOGUIDICE, P.C., TO PROVIDE ADDITIONAL ENGINEERING SERVICES IN CONNECTION WITH MAIN STREET INFRASTRUCTURE AND REDEVELOPMENT PLAN – UTILITY UNDERGROUNDING PLAN IMPLEMENTATION AND MAIN STREET PLAN IMPLEMENTATION RESOLUTION NO.: 140, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by previous Resolution(s), the Queensbury Town Board authorized engagement of Barton & Loguidice, P.C. Consulting Engineers (Barton) for the provision of engineering, planning and landscaping architecture services in connection with the proposed Main Street Infrastructure and Redevelopment Plan, and WHEREAS, the Town’s Executive Director of Community Development has advised the Town Board that Barton has completed the scopes of work previously authorized by the Town and has recommended that the Town Board engage Barton for the provision of additional engineering services and technical support in order to pursue the Town’s goal of placing all of the Project’s utilities underground, and REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 106 WHEREAS, Barton has offered to provide the additional engineering services for an th amount not to exceed $14,000 as delineated in a copy of Barton’s February 17, 2005 letter proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.C. for the provision of the additional engineering services referenced in th the preambles of this Resolution and as delineated in Barton & Loguidice, P.C.’s February 17, 2005 letter proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes appropriations in the amount not to exceed $14,000 for these engineering services and directs that payment be paid from the Exit 18 Corridor Enhancement Capital Project, Capital Construction Account No.: 126-5020-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Budget Officer to execute any documentation and take such other and further action necessary to effectuate all terms of this Resolution. th Duly adopted this 7 day of March, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION APPOINTING SUSAN BARDEN AS LAND USE PLANNER RESOLUTION NO. 141, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously established the position of Land Use Planner and there is presently a vacancy in such position, and WHEREAS, the Executive Director of Community Development posted availability for the vacant Land Use Planner position, reviewed resumes, interviewed interested candidates and has made a hiring recommendation to the Town Board, REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 107 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Susan Barden to the position of Land Use Planner, an overtime exempt and Grade 6 position within the Town of Queensbury’s Non-Union Position Grade Schedule on a provisional basis subject to successful completion of 1) a six month probation period, 2) the Civil Service exam for the Land Use Planner position, 3) Warren County Civil Service rules, and 3) an employment physical as required by Town Policy, and BE IT FURTHER, RESOLVED, that Ms. Barden shall be paid an annual salary of $37,000 to be paid from the appropriate payroll account, and BE IT FURTHER, st RESOLVED, that Ms. Barden’s full-time appointment shall be effective March 21, 2005; however, the Town Board hereby authorizes payment to Ms. Barden for her attendance at the Town of Queensbury’s Community Development Department’s specialized customer service training thth classes to be held March 9 and 11 from 8:00 a.m. to 12:00 noon, such payment to be calculated at the hourly rate for Ms. Barden’s position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Supervisor, Executive Director of Community Development and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of March, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 142, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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, REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 108 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: ACCOUNTING FROM: TO: $ AMOUNT: 040-9950-9030 40-8310-4720 87,715. (Transfer to Cap. Proj.) (Water Admin. Consultant Fees) 001-1990-4400 001-8030-4400 10,000. (Contingency) (Community Reach Misc. Con.) th Duly adopted this 7 day of March, 2005, 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 MARCH 3, 2005 RESOLUTION NO.: 143, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as rd,th the Abstract with a run date of March 3 2005 and a payment date of March 8, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a run rdth date of March 3, 2005 and payment date of March 8, 2005 numbering 25-096200 through 25- 110800 and totaling $416,050.14, 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. REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 109 th Duly adopted this 7 day of March, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AWARDING BIDS FOR PURCHASE OF WATER CONNECTION MATERIALS FOR USE BY TOWN WATER DEPARTMENT RESOLUTION NO. 144, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town’s Purchasing Agent duly advertised for bids for the purchase of water connection materials for use by the Town’s Water Department, and WHEREAS, the Purchasing Agent and Water Superintendent have reviewed all received bids and have made their bid award recommendations to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bids for the purchase of water connection materials for use by the Town’s Water Department to the lowest responsible bidders in each category and from the respective accounts as follows: ITEM AND SUCCESSFUL BID ACCOUNT SPECIFICATION NO. BIDDER AMOUNT TO FUND PURCHASE 1. Copper Albany Winwater Works $4,594.80 40-8340-4320 2. Curb Boxes & Lids Vellano Bros., Inc. $2,936.20 40-8340-4320 3. Hydrant Parts Vellano Bros., Inc. $1,128.75 40-8340-2899 4. Brass EJ Prescott, Inc. $753.98 40-8340-4320 5. Valves Ferguson Waterworks $1,342. 40-8340-2899 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent, Water Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 110 th Duly adopted this 7 day of March, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY BAY MEADOWS COUNTRY CLUB, INC. AND JOHN DREPS AND EUGENE CERNIGLIA RESOLUTION NO.: 145, 2005 INTRODUCED BY : Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Queensbury Town Board is considering a request by John Dreps and Eugene Cerniglia to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.’s: 296.16-1-14; 296.16-1-16.1 and 296.16-1-15 located on the east side of Bay Road, North of Cronin Road in the Town of Queensbury from Planned Unit Development (PUD) to Highway Commercial Intensive (HC-INT) and to facilitate a land swap across a zoning boundary to facilitate five (5) lot commercial subdivision, and th WHEREAS, on or about January 24, 2005, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town’s Planning Board for report and recommendation and consenting to the Planning Board acting as Lead Agency for SEQRA review of the project, and nd WHEREAS, on or about February 22, 2005, the Queensbury Planning Board considered the proposed rezoning, adopted a SEQRA Negative Declaration and with the concurrence of the applicant, made a recommendation to the Town Board to rezone approximately one (+1) acre of land from Planned Unit Development (PUD) to Highway Commercial Moderate (HC-MOD), rezone approximately One and Two One-Hundredths (+1.02) acres of land from Highway Commercial Intensive (HC-INT) to Planned Unit Development (PUD), then rezone the entire project site of approximately Six and Thirty-Seven Hundredths (+6.37) acres to Highway Commercial Moderate (HC-MOD), and th WHEREAS, on or about February 9, 2005, the Warren County Planning Board considered the proposed rezoning and made a recommendation of “No County Impact,” and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 111 RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, st March 21, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the request by John Dreps and Eugene Cerniglia to amend the Town Zoning Ordinance and Map to rezone the following properties: ?? A portion of the property bearing Tax Map No. 296.16-1-14 and a portion of the property bearing Tax Map No. 296.16-1-16.1 totaling approximately One and Two One- Hundredths (+1.02) acres of land from Highway Commercial Intensive (HC-INT) to Planned Unit Development (PUD); ?? A portion of the property known as Tax Map No. 296.16-1-15 equaling approximately one (+1) acre of land from Planned Unit Development (PUD) to Highway Commercial Moderate (HC-MOD); ?? The remainder of the properties known as Tax Map No. 296.16-1-14 and Tax Map No. 196-1-16.1 from Highway Commercial Intensive (HC-INT) to Highway Commercial Moderate (HC-MOD); and to facilitate a land swap across a zoning boundary to facilitate five (5) lot commercial subdivision, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 112 th Duly adopted this 7 day of March, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr Stec, Mr. Boor NOES : None ABSENT: None ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR COUNCILMAN STROUGH-I seconded the motion so Roger could speak his peace. I certainly agree that we should not settle our differences in the courtroom between Glens Falls and Queensbury. I believe there are other routes to take and I suggested that if you look at the rd August 23 minutes, I suggested that we do sit down with Glens Falls and communicate there are some things that need to be done. In January again, I proposed that we sit down with Glens Falls and possible talk some type of a watershed management zone. I said there are other things that need to be talked about between Glens Falls and Queensbury. With all that said and done, I agree with you Roger on most of what you said. However, I also think that I have to listen to what Bob has to say and I haven’t heard it yet. I think it is a little bit premature to have a vote on this resolution and I’m going to rescind by second. SUPERVISOR STEC-We do not have a second does anyone else want to second this resolution? COUNCILMAN BREWER-No, but I’ll make a comment. SUPERVISOR STEC-Go right ahead. COUNCILMAN BREWER-I would agree with what you said John. I think it’s irresponsible to defend it or not defend it until we at least know what it says. Now, Roger you are the most critical of not getting a copy of it, but if you don’t know what it says how can you make a determination that you don’t want to defend it. COUNCILMAN BOOR-I didn’t say that. COUNCILMAN BREWER-You did say that. COUNCILMAN BOOR-As a matter of fact the letter from our Attorney gave us three alternatives and not defending it was one of them. COUNCILMAN BREWER-Let me finish please. Okay, let me finish. COUNCILMAN BREWER-And I didn’t say that. I said; I wanted it rescinded so that we could discuss it. Then if we still felt it was appropriate we didn’t have the time constraint on us where we had to respond. COUNCILMAN BREWER-I didn’t hear that. I heard you say you didn’t want to defend it…. COUNCILMAN BOOR-I don’t want to go into what we’ve talked about in attorney/client privilege. COUNCILMAN BREWER-I also say that when we made this motion I thought about what we were doing enough to say, yeah I vote to do it. I don’t know all of a sudden because somebody threatens us or indicates they are going to threaten us we just back down from it. If you didn’t believe in the decision you made back then you shouldn’t of made that decision. COUNCILMAN BOOR-I believe very strongly in that decision Tim at the time. Unfortunately, I think I didn’t have the information and some information…. COUNCILMAN BREWER-I don’t…. COUNCILMAN BOOR-Let me finish if you want a response. I think some of the information we were given was incorrect. At this point, I still haven’t even seen the lawsuit that’s claiming action against the five of us; I’m concerned I don’t think that’s good. I think that when you are sued you ought to be able to see what you are being sued for. REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 113 COUNCILMAN BREWER-Right. I think if I wanted to know about it I wouldn’t wait ten days and do it on public TV to say that I didn’t get a copy of it. COUNCILMAN BOOR-I would think that when I request from our Attorney that I want a copy of the lawsuit, I would have to believe that because they are under contract to serve this board that they would be johnny on the spot getting the lawsuit that’s claiming that we’ve done something wrong a complaint. COUNCILMAN BREWER-I just don’t believe in throwing the blame all to one person Roger. You were remised in your obligation to ask for another copy of it just don’t blame it on somebody else. SUPERVISOR STEC-We no longer have a second. I see that we will not be having a second so we will not be voting on this tonight. I just want to point out just as a point of clarification just to make sure that the air is crystal clear that I have not reviewed the lawsuit yet. I haven’t seen a copy delivered to me for me to read yet either. However, I personally was not concerned by that yet because one, we had time and two, I had believed that it was clear to the board last Monday night out of Executive Session that the course of action was going to be to in fact take no action. In fact, I know I recommended that it was in the Town’s interest to not discuss this until we heard from our Attorney that we would be hearing from our Attorney on this tonight. Then, I believe it was John that had sent an e-mail that led me to believe that he had concluded that I was saying that we would be hearing on this lawsuit two weeks from tonight on the twenty first. I sent an e-mail back saying; no please more carefully read, I think is the jest of the language that I used. What, I had said in my previous e-mail that we would be hearing an update on all the rest of the Town’s litigation, which by the way our Attorney’s have pointed out, has been going down lately so we haven’t been getting sued by all of our neighbors. We would be discussing this particular item tonight so that’s why I wasn’t concerned. That’s frankly why I was surprised perhaps we could have been a little faster with getting that word to the Town Board, which is again I know I sent another e-mail out not having anything to do with this litigation. I mentioned it under Town Board discussion encouraging the board members there are three departments’ heads that we have three completely separate businesses that we need to get updated on. One isn’t a secret at all that you are all about to get calls from somebody talking about the reval process as to at least support what the process is and how Helen’s administrating it. Helen had asked me to encourage Town Board members to contact her. I don’t know if they have or haven’t yet. If you haven’t yet it’s not the end of the world but please do so. It sounds to me like there was an expectation that had been met for whatever reason. Again, a phone call to anybody could have avoided the discussion earlier that took place. Although, I don’t think that anything horrific happened in the discussion. Roger expressed his views pretty clearly a week ago tonight that that’s how he felt. We had an Executive Session that went into a little bit more detail than that. It essentially the public’s portion of the meeting captures the jest of what we talked about in Executive Session. Again, I just think it’s the Town’s responsibility to keep all of our options open the City certainly is. To clarify a comment that was made earlier we did not sue the City the City has chosen to take action against the Town. We need to discuss those matters with the Attorney’s that we hired that are doing an excellent job. I’ve said that before publicly in my opinion and I’ll say it again, I think they are doing a great job for us. You’ve got a pretty good batting record when it comes to ones that you tell us you think will win and ones that you think that will lose. I can recall one vividly one a few years ago that two of the Town Board members that are here now weren’t there then. The other two were right and sided with our Attorney and I was wrong and I sided with the other two members of the board in trying to rescind a similar resolution with trying to reopen Fuller Road. The Town Board spent at least twenty thousand dollars in losing that one so in hindsight, I wish that I had listened to Bob. Although, at the time with the information that I had, I was convinced that I was doing the right thing, but I’d like to think that I personally learn from my mistakes and since then they’ve had a very good batting record. I prefer to agree with what’s been said here by Tim and John that we do need to hear from our Attorney before we make a definitive answer. COUNCILMAN BOOR-With all do respect, I have to take exception to a couple comments. One is that simply because you can prevail in court doesn’t make you a winner if in fact the result creates an atmosphere where you cannot foster intermunicipal cooperation. I’ll just say that it was very clear from a previous meeting where this board was headed so the illusion that we haven’t made up our mind is somewhat misleading. It’s very clear where this board is going and it was eloquently stated by three of its members and I’ll leave it at that. SUPERVISOR STEC-That’s fine. REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 114 ATTORNEY MATTERS NONE RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 146, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss a personnel matter/potential hiring of an individual and assessment litigation matter. th Duly adopted this 7 day of March, 2005, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 147, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session with no action taken and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 7 day of March, 2005, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:None DISCUSSION HELD Brief discussion held regarding Queensbury Central Volunteer Fire Company, EMS vehicle request. No action taken. Discussion held with Director of Building & Codes, Mr. Hatin regarding septic variance applications procedures, and additional information desired for these applications. No action taken. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 148, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. REGULAR TOWN BOARD MEETING 03-07-2005 MTG#11 115 th Duly adopted this 7 day of March, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury