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2005-07-25 MTG35 Regular Town Board Meeting, 07-25-2005, Mtg #35 1 REGULAR TOWN BOARD MEETING Mtg #35 TH JULY 25, 2005 Res. 346-360 7:17 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Jennifer Switzer, Budget Officer Ralph VanDusen, Water/Wastewater Superintendent Mike Genier/Superintendent Of Cemeteries Bob Keenan, Information Technology Director PRESS: TV-8, Glens Falls Post Star Supervisor Stec called meeting to order…. I apologize for the late start; the Town Board had advertised and had a special workshop meeting before this meeting for the purpose of clearing up a union grievance. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH PUBLIC HEARING – Proposed Purchase Of Accounting Software From MUNIS Notice Shown 7:18 P.M. SUPERVISOR STEC-I’ll open the public hearing and this MUNIS is an accounting software program so, it’s being spearheaded by Jennifer Switzer our Budget Officer. With that Jennifer, why don’t you brief the Board on where we are and what you’re recommending for the Board? MS. JENNIFER SWITZER, Budget Officer-Tonight, I’m recommending purchase of a new accounting software that will not only be used by the Accounting Department but by all the departments for purchasing, accounts payable, reporting to New York State. Currently we have software that was purchased fifteen years ago and is somewhat antiquated to the point that we can not export or import into this software so it’s very difficult to get reports and information in and out of this software. It’s something that the Town has been considering for a few years and has somewhat been needed for a couple of years. MUNIS is a software company that’s used, the software is used by several municipalities in the area, the City of Glens Falls, City of Saratoga Springs, the Town of Guilderland, to name a few. They are currently offering state contract pricing and that’s how we’re purchasing the software if approved. SUPERVISOR STEC-Just let me ask a couple of quick questions for the Board’s benefit and the public’s benefit. You’ve involved other departments that would be affected, they’re aware of this decision that we may be making this evening? MS. SWITZER, Budget Officer-Yes. This has been an, almost a six month process. We started with the help of the IT Department looking at some software and actually had MUNIS come in and do a demonstration, not only to the Accounting Department but all the departments and the employees in those departments who would be using it and it was very highly recommended by all the departments involved. Regular Town Board Meeting, 07-25-2005, Mtg #35 2 SUPERVISOR STEC-Okay, and the purpose, the reason why we’re having a public hearing is because the Board has chosen that if we fund this we would like to do so through our Capital Improvement Fund which requires public hearings and the amount is not to exceed a hundred and sixty-five thousand dollars. Is that still accurate? MS. SWITZER, Budget Officer-That’s right. SUPERVISOR STEC-Okay. The public hearing is open, do you have anything else to add, Jennifer? MS. SWITZER, Budget Officer-No. SUPERVISOR STEC-Board Members have any questions, more questions of Jennifer? COUNCILMAN STROUGH-No, but I think it’s important to bring out to the public’s attention some of the advantages of the MUNIS System, some that Jennifer had mentioned but also some that she listed for us previously and if you don’t mind Jen. MS. SWITZER, Budget Officer-No. COUNCILMAN STROUGH-Potentially save a half position in accounting, a quicker turn around for purchasing, real time encumbrance of fund for purchases, a decrease in office supplies, track … commodity codes, improve vendor information maintenance, additional reporting capabilities and also it’s going to be able to do our five year budget plan, probably most important. So, I just wanted to add to that and I think it’s a good program you’ve got there, Jen. MS. SWITZER, Budget Officer-Thank you. SUPERVISOR STEC-Any other questions or comments from Town Board Members? COUNCILMAN BOOR-Just one, as far as the maintenance, we talked about it I think the last time when Bob was here, how does that work? MS. SWITZER, Budget Officer-It’s on an annual basis, there’s a maintenance agreement somewhat like what we have with any of our other software that we pay on an annual basis. COUNCILMAN BOOR-And is there an annual cost associated with it or is that how much, or that depends on? MS. SWITZER, Budget Officer-No, there’s, it’s set at an annual price for the first three years. I believe there’s no increase and there’s no more then a five percent increase after that third year and that’s somewhat standard. COUNCILMAN BOOR-And the five percent is based on the one hundred and sixty-five thousand or? MS. SWITZER, Budget Officer-No, the five percent is based on the annual software agreement which is about ten or twelve thousand dollars. COUNCILMAN BOOR-Okay, thank you. SUPERVISOR STEC-Our IT Director, Bob Keenan participated in this decision process? MS. SWITZER, Budget Officer-Yes, Bob not only was involved in all of the demonstrations but Bob also reviewed the contract as well as Legal Counsel. SUPERVISOR STEC-I’ll just note that Bob is present this evening but I wanted to ask you that question. Any other Town Board questions? Regular Town Board Meeting, 07-25-2005, Mtg #35 3 COUNCILMAN BOOR-And the other thing is, when would we be able to have this up and running? MS. SWITZER, Budget Officer-If we go through with this tonight, we will be meeting with MUNIS to, they have a ten step program for implementation and we’ll start that in August and hopefully we will be live with this sometime in October or November, it’s about a three month process. COUNCILMAN BOOR-Is there a point where we just shut out the old stuff completely? MS. SWITZER, Budget Officer-Yes and that will be before year end. COUNCILMAN BOOR-Okay. MS. SWITZER, Budget Officer-Before December. COUNCILMAN BREWER-So, apparently it won’t help you with budget process then? MS. SWITZER, Budget Officer-It won’t help us with the budget process this year because we just started. COUNCILMAN BREWER-Next year it will, right. SUPERVISOR STEC-The public hearing is open, if any members of the public would like to comment or ask any questions regarding this proposed purchase? Any other questions from Town Board Members? Mr. Rigby? MR. LEO RIGBY, 5 Willow Road-Good evening, just a couple of quick questions. Training costs and conversion costs, are training costs? MS. SWITZER, Budget Officer-They’re included in that one hundred and sixty-five thousand dollars. MR. RIGBY-Okay. MS. SWITZER, Budget Officer-This is all inclusive, it’s the software, the training, any travel, out of pocket travel that we have to pay as well as the conversion of any of our current programs that we have. MR. RIGBY-Now do they actually perform the conversion for us or do you have to assist with that? MS. SWITZER, Budget Officer-We have to assist in regard that we have to have the files in a format that they will convert for us but it’s not anything that we have to ourselves actually go through a process to get to convert the data over to the new software. MR. RIGBY-The software will handle payroll as well? MS. SWITZER, Budget Officer-Yes, this includes the payroll as well although that will not be implemented until, we’re doing this in a twofold, or in two stages, that won’t be until the second quarter of 2006. st MR. RIGBY-And the plan would be to convert, be fully converted as of January 1, 2006? MS. SWITZER, Budget Officer-Right, for the general ledger, accounts payable, purchasing. MR. RIGBY-So, next year would be the first full year that you cycle through? MS. SWITZER, Budget Officer-Would be the first full year, yes. Regular Town Board Meeting, 07-25-2005, Mtg #35 4 MR. RIGBY-With the budgeting capacity and everything else. MS. SWITZER, Budget Officer-Right, right. MR. RIGBY-Okay good, thanks. SUPERVISOR STEC-Thank you. Anyone else, public comment on this public hearing for the proposed software purchase? I’ll close the public hearing. Any other questions or discussions from Town Board Members? (No one spoke) PUBLIC HEARING CLOSED 7:25 P.M. RESOLUTION AUTHORIZING ESTABLISHMENT OF ACCOUNTING SOFTWARE FROM MUNIS - CAPITAL PROJECT FUND #149 RESOLUTION NO.: 346, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board has received a request from the Town’s Budget Officer to purchase new Accounting Software to replace the current software as discussed in a Town Board workshop and set forth in numerous memos from the Budget Officer, and WHEREAS, such proposed purchase shall not exceed the amount of $165,000 and is requested to be a part of the Capital Improvement Plan and financed through the Capital Reserve Fund, and WHEREAS, in accordance with the Town’s recently revised Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, and WHEREAS, the Town Board scheduled and duly held a public hearing on July th 25, 2005 concerning establishment of the Accounting Software From MUNIS Capital Project as currently listed on the Town’s approved CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the Accounting Software From MUNIS Capital Project, and Regular Town Board Meeting, 07-25-2005, Mtg #35 5 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Accounting Software From MUNIS Capital Project Fund #149 which Fund will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer from the Town of Queensbury Capital Reserve Fund #64 in the amount of $165,000 to transfer to Accounting Software From MUNIS Capital Project Fund #149, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ?? Revenue Acct No. – 149-0147-5031 (Interfund Revenue) $165,000; and ?? Expense Acct No. – 149-1315-2032 (Computer Software) $165,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2005 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the purchase of the accounting software from MUNIS for an amount not to exceed $165,000 as set forth above, and BE IT FURTHER, Regular Town Board Meeting, 07-25-2005, Mtg #35 6 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to sign any necessary Agreements or documentation associated with such purchase and take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 25 day of July, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None PUBLIC HEARING – Proposed Replacement Of Power Pak 2 Retort Refractory At Pineview Cemetery Capital Project Notice Shown 7:25 P.M. SUPERVISOR STEC-I’ll open this public hearing and our Director of Cemetery, Mike Genier is here and Mike has been working on this project as the Board knows, for some time, we’ve had a couple of workshops on this. Again, the purpose of this public hearing which I’ll declare open is because again, we’re looking to use eighteen thousand five hundred and thirty-three dollars, not to exceed that amount from our capital improvement plan for this rebuild of this retort at the Crematorium. Mike, the floor is yours. MR. MIKE GENIER, Superintendent of Cemeteries-Our Power Pak 2 Unit was installed in 1992 and normal refractory life in a retort is between five and seven years. We last rebuilt it, it was in 1998 and approximately three hundred cremations are performed in each retort per year. The scope of this project is to completely build a refractory to include the cremation chamber, removal and replacement of the roof and the burner tile, floors, walls, loading door refractory, throat area walls and after burner tile. The after chamber perimeter walls and lentils, the divider wall and baffle and the after chamber access walls will be removed and replaced. And again, this is eighteen thousand five hundred and thirty-three dollars and the project is economically feasible. We calculate a gross return of investment after 2.5 months. During our five to seven year life of the refractory based on three hundred cremations a year, that’s a total of fifteen hundred to twenty-one hundred cremations, would be about four hundred and fifty to six hundred and thirty thousand at current pricing. The refractory in the unit is, at one of our workshops I had pictures and things like that, you can see the wear and tear and whatnot. The Power Pak 2 was inspected in 2004 by the technicians from Matthews Corporation who were in the area on another rebuild over at the veterinarian clinic and this is their recommendation and we agree with it. SUPERVISOR STEC-Any questions for Mike from the Town Board? COUNCILMAN BOOR-Just a couple. Actually, you answered most of my questions, it had to do with guarantees, the number of firings, number of years to expect but did you say in two and a half months it would equal the cost of this replacement? MR. GENIER, Superintendent of Cemeteries-It would be approximately. COUNCILMAN BOOR-Okay, thanks. MR. GENIER, Superintendent of Cemeteries-One of the side benefits too is when the people are rebuilding the Power Pak 2 Unit, they’ll also inspect the Crawford, if there’s Regular Town Board Meeting, 07-25-2005, Mtg #35 7 any minor adjustments or whatnot, they will take care of that so we don’t have to pay for this. COUNCILMAN BREWER-When was the Crawford done, that was not too long ago was it? MR. GENIER, Superintendent of Cemeteries-I believe that was done in 2003, Tim. COUNCILMAN BREWER-So that, we can expect another five to six years out of that? MR. GENIER-Yes. COUNCILMAN BREWER-Then probably another seven on this so we’re looking pretty good then. MR. GENIER-We’re looking pretty good. SUPERVISOR STEC-Okay, any other questions for Mike? Again, the public hearing is open if there’s any members of the public that would like to ask about this rebuild of retort number two for eighteen thousand five hundred thirty-three dollars to be funded from the Capital Improvement Plan, just raise your hand please. Alright, seeing none, I’ll close the public hearing. PUBLIC HEARING CLOSED 7:28 P.M. RESOLUTION AUTHORIZING ESTABLISHMENT OF REPLACEMENT OF POWER PAK 2 RETORT REFRACTORY AT PINEVIEW CEMETERY - CAPITAL PROJECT FUND #150 RESOLUTION NO.: 347, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Cemetery Superintendent has advised the Town Board that it is necessary to replace the Power Pak 2 Retort Refractory at Pineview Cemetery (Project) as discussed in a Town Board workshop and set forth in the Cemetery nd Superintendent’s March 2, 2005 Memorandum to the Town Board, and WHEREAS, such proposed Project shall not exceed the amount of $18,533 and is requested to be a part of the Capital Improvement Plan and financed through the Capital Reserve Fund, and WHEREAS, in accordance with the Town’s recently revised Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, and Regular Town Board Meeting, 07-25-2005, Mtg #35 8 WHEREAS, the Town Board scheduled and duly held a public hearing on July th 25, 2005 concerning establishment of the Replacement of the Power Pak 2 Retort Refractory at Pineview Cemetery Capital Project as currently listed on the Town’s approved CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the Replacement of the Power Pak 2 Retort Refractory at Pineview Cemetery Capital Project, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Replacement of the Power Pak 2 Retort Refractory at Pineview Cemetery Capital Project Fund #150 which Fund will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer from the Town of Queensbury Capital Reserve Fund #64 in the amount of $18,533 to transfer to Replacement of the Power Pak 2 Retort Refractory at Pineview Cemetery Capital Project Fund #150, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ?? Revenue Acct No. – 150-0150-5031 (Interfund Revenue) $18,533; and ?? Expense Acct No. – 150-8810-2899 (Capital Construction) $18,533; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2005 Town Budget, make any adjustments, budget Regular Town Board Meeting, 07-25-2005, Mtg #35 9 amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the purchase of the Power Pak 2 Retort Refractory and all related services needed to install/replace/rebuild the refractory from Matthews Cremation Division for an amount not to exceed $18,533 as set forth above, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to sign any necessary Agreements or documentation associated with such purchase and associated services and take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 25 day of July, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None PUBLIC HEARING – Proposed Capital Project For Design And Construction Of Curbs And Sidewalks On North Side Of Fort Amherst Road And For Sidewalk Repairs In Broadacres Neighborhood Notice Shown 7:29 P.M. SUPERVISOR STEC-Okay, I’ll open this public hearing and this is a project that has been talked about several years. For those of you that are familiar with it down there and have lived down there, at least on Broadacres we needed to do curbs before we paved. So, we did curbs one year a couple of years ago then the Highway Department paved. At the same time the Town Board changed the, or adopted a Local Law that changed the responsibility for the maintenance and repair of sidewalks and basically it said that town wide, the town would be responsible for the actually repairs to the concrete on any sidewalks and as far as snow removal goes on town roads, that was the property owner’s responsibility and on the larger, more heavily traveled wider lane with potentially, much, much larger snow plows running over the county and state roads, that the town would send out on those limited sidewalks a highway crew, after the highway was done removing snow from the roadways, that the highway crew or the bobcat would go through and remove snow on those. So, that’s the background for these things. Last year we had talked a little about Broadacres neighborhood sidewalks and we also knew that we had curbs and sidewalks that needed replacement on Fort Amherst Road. So, they are two different neighborhoods in town. Again, this is a public hearing because we’re also proposing to fund this from the Capital Fund and if you add both neighborhoods together, the total dollar amount involved here is a hundred and twenty-three thousand five hundred and ninety-seven dollars and thirty cents. So, that’s the background on this public hearing. I’ll open the public hearing and if there’s any members of the public that Regular Town Board Meeting, 07-25-2005, Mtg #35 10 would like to ask any questions or make any comments regarding this proposed project, just raise your hand please. Any discussion amongst Board Members? COUNCILMAN STROUGH-No, I just want to add that two hundred and seventy-eight feet of sidewalks are getting replaced on Coolidge, four hundred and thirty-seven feet on Broadacres, three hundred and forty-eight feet on Luzerne Place, four hundred and ninety-four feet on Pershing Road and six hundred and twenty-five feet on Ashley Place. SUPERVISOR STEC-Right, that’s the Broadacres neighborhood. Public comment from Mr. Naylor, I saw you raise your hand. Good evening, sir. MR. PAUL H. NAYLOR, Division Road-How many feet did you say, a thousand feet? SUPERVISOR STEC-No, I didn’t say a thousand feet. COUNCILMAN BREWER-No, we said, total is COUNCLMAN BOOR-Do you want sidewalks and curbs? SUPERVISOR STEC-Twenty-one eighty-two total feet in the Broadacres neighborhood and fifteen hundred and fifty feet of curb on Fort Amherst and sixteen seventeen feet of sidewalk in Fort Amherst. MR. NAYLOR-For how much? SUPERVISOR STEC-A hundred and twenty-three thousand, the bid came in I believe, if I’m not mistaken was Catalfamo. MR. NAYLOR-I still wish I was in the highway business, I could make some money. SUPERVISOR STEC-A lot of money. Any other public comment or questions? Alright, I’ll close the public hearing. PUBLIC HEARING CLOSED 7:33 P.M. COUNCILMAN TURNER-I’m glad that we’re doing them because Fort Amherst is in real bad shape and has been in bad shape and last year, we bid it, we didn’t get a bidder so that’s why we’re a day late. SUPERVISOR STEC-That’s right, that’s what happened. That’s true, you’re reminding me correctly, last year we put it out to bid and no one bid it so that’s why it didn’t get done last year. COUNCILMAN BOOR-One other comment, because I was reading through the contract part of interest, even though it says repair, it’s essentially replacing. SUPERVISOR STEC-In places, yea. COUNCILMAN BOOR-Yea, I mean because otherwise it be kind of hard to with specifications as to how much work would really be done so it’s important to clear that up. SUPERVISOR STEC-Alright, no problem, thank you. RESOLUTION AUTHORIZING ESTABLISHMENT OF DESIGN AND CONSTRUCTION OF CURBS AND SIDEWALKS ON NORTH SIDE OF FORT AMHERST ROAD AND SIDEWALK REPAIRS IN BROADACRES NEIGHBORHOOD - CAPITAL PROJECT FUND #151 Regular Town Board Meeting, 07-25-2005, Mtg #35 11 RESOLUTION NO.: 348, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board authorized the bidding for design and construction services of curbs and sidewalks on the north side of Fort Amherst Road in the Town of Queensbury, more specifically as follows: approximately 1,550’ (±) of curbs on Fort Amherst Road; and 1) approximately 1,617’(±) of sidewalks on Fort Amherst Road; and 2) WHEREAS, the Town Board also authorized the bidding for the repair of approximately 2,182’ (±) of individual sidewalks in the Broadacres Neighborhood more specifically as follows: approximately 278’ x 5’ (±) of sidewalks on Coolidge Avenue; and 1) approximately 437’ x 5’ (±) of sidewalks on Broadacres Road; and 2) approximately 348’ x 5’ (±) of sidewalks on Luzerne Place; and 3) approximately 494’ x 5’ (±) of sidewalks on Pershing Road; and 4) approximately 625’ x 5’ (±) of sidewalks on Ashley Place; and 5) WHEREAS, the Town Purchasing Agent and Town Deputy Highway Superintendent duly followed the proper procedures for bidding such work on behalf of the Town and the Purchasing Agent duly received and opened all bids, and WHEREAS, the Purchasing Agent and Deputy Highway Superintendent advised the Town Board that A.J. Catalfamo Construction Company, Inc. (Catalfamo) was the lowest responsible bidder for both projects, and WHEREAS, the amount Catalfamo submitted for the design and construction services of curbs and sidewalks on the north side of Fort Amherst Road is proposed to be for an amount not to exceed $30,457.50 for the approximately 1,550 (±) of curb line replacement, and for an amount not to exceed $38,808 for the approximately 1,617’ of sidewalk replacement, and WHEREAS, the amount Catalfamo submitted for the repair of approximately 2,182’ (±) of individual sidewalks in the Broadacres Neighborhood is proposed to be for an amount not to exceed $54,331.80, and Regular Town Board Meeting, 07-25-2005, Mtg #35 12 WHEREAS, such proposed repairs/replacement are to be part of the Capital Improvement Plan and financed through the Capital Reserve Fund, and WHEREAS, in accordance with the Town’s recently revised Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, and WHEREAS, the Town Board scheduled and duly held a public hearing on July th 25, 2005 concerning establishment of the Design and Construction of Curbs and Sidewalks on Fort Amherst Road and Sidewalk Repairs in Broadacres Neighborhood Capital Project as currently listed on the Town’s approved CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the Design and Construction of Curbs and Sidewalks on Fort Amherst Road and Sidewalk Repairs in Broadacres Neighborhood Capital Project, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Design and Construction of Curbs and Sidewalks on Fort Amherst Road and Sidewalk Repairs in Broadacres Neighborhood Capital Project Fund #151 which Fund will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer from the Town of Queensbury Capital Reserve Fund #64 in the amount of $123,597.30 to transfer to Design and Construction of Curbs and Sidewalks on Fort Amherst Road and Sidewalk Repairs in Broadacres Neighborhood Capital Project Fund #151, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ?? Revenue Acct No. – 151-0151-5031 (Interfund Revenue) $123,597.30; Regular Town Board Meeting, 07-25-2005, Mtg #35 13 and ?? Expense Acct No. – 151-5410-2899 (Sidewalk Capital Construction) $123,597.30; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2005 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and awards the bid for the design and construction services of curbs and sidewalks on the north side of Fort Amherst Road in the Town of Queensbury to the lowest responsible bidder, A.J. Catalfamo Construction Company, Inc., for an amount not to exceed $30,457.50 for the approximately 1,550 (±) of curb line replacement, and for an amount not to exceed $38,808 for the approximately 1,617’ of sidewalk replacement, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby awards the bid for the repair of approximately 2,182’ (±) of individual sidewalks in the Broadacres Neighborhood to the lowest responsible bidder, A.J. Catalfamo Construction Company, Inc., for an amount not to exceed $54,331.80, and BE IT FURTHER, RESOLVED, that, upon completion of such work, the Town Board further authorizes and directs the Town Budget Officer to arrange for payment to such companies from the appropriate account(s) as set forth in this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Highway Superintendent, Deputy Highway Superintendent and/or Budget Officer to sign any necessary Agreements or documentation associated with such purchase and associated services and take any and all action necessary to effectuate all terms of this Resolution. Regular Town Board Meeting, 07-25-2005, Mtg #35 14 th Duly adopted this 25 day of July, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT : None SUPERVISOR STEC-Ralph, before you get too settled in, the other day, a lot of you may know, Warren County recognized before a County Board Meeting out in front of the steps of the County Building all of the emergency responders and all of the players that were involved in responding to the damages that were cause by the mudslides and landslides in Bolton back in June and many of the town’s emergency services were recognized. The County, the Highway Departments of several towns including Queensbury’s and they had certificates that they gave out to everyone but they did not have a representative there from the Water Department that day and they wanted me to bring it back and I have a Certificate of Appreciation. This certificate is presented to the Town of Queensbury Water Department in appreciation of outstanding efforts made to ensure the safety of local residents during the recent storm damage and flooding in Warren County as recognized by the Warren County Board of Supervisors. Signed th William H. Thomas, Chairman, Warren County Board of Supervisors, July 15. So Ralph, thank you again. PUBLIC HEARING – Proposed Improvements Of Queensbury Consolidated Water District Facilities In Meadow Lane Area Notice Shown 7:36 P.M. SUPERVISOR STEC-We have the public hearing on improvements to the consolidated water district in the Meadow Lane area and I’ll turn it over to you for background, Ralph. MR. RALPH VANDUSEN, Water/Wastewater Superintendent-Okay, within the Queensbury Water District we have approximately a hundred and sixty-five miles of water main, various sizes ranging from six inch to twenty-four inch and we have a Capital Improvement Plan that allows us to gradually replace outdated sections of the pipe. Areas that we’re having water quality problems, areas we have flow problems or areas that have a lengthy history of water main breaks and disruption of service to the customers. We have a Capital Reserve Fund that each year in the budget we specifically put money into that fund so that as these projects come about that we can pay for them without burdening the taxpayers unduly from one year to the next. The current project that we are working on is a water main replacement for the water pipes in the Meadow Lane area, approximately five thousand eight hundred feet of six inch pipe will be replaced. A total cost of the project is estimated to be one million twenty-seven thousand four hundred and twenty-one dollars and again, sufficient funds are available in our reserve fund to pay for that. It would be our goal that this is a project that would go out to bid this summer, construction starting late summer, early fall and in all likelihood winter will set in and we’ll probably be finishing it in the spring and I’d answer any questions that the Board has. COUNCILMAN BOOR-A couple of questions. I was looking at the map and it looks like, is the hash line where the actually pipe is going to go or where it exists now? MR. VANDUSEN, Water/Wastewater Superintendent-The locations, the hash line would be the areas where the pipe is expected to be installed and it’s not, we have to work around the existing gas main, the existing sewer main, the existing water main and that didn’t leave a lot of room for that. Regular Town Board Meeting, 07-25-2005, Mtg #35 15 COUNCILMAN BOOR-Okay, the reason why I’m asking Ralph is there somebody on Meadow View and somebody on Meadow Lane who wanted to have their driveways repaved. MR. VANDUSEN, Water/Wastewater Superintendent-Yup. COUNCILMAN BOOR-And I said I didn’t know what side of the street they would be digging on and saw I cautioned them probably not to do that but if, let’s say, I’m going to pick one as an example on Meadow Lane, if you look at lot 56, it looks like the pipes on the other side of the street. Now, if they wanted to MR. VANDUSEN, Water/Wastewater Superintendent-What I would recommend, I expect to have more detailed maps showing the exact locations within a week or so. COUNCILMAN BOOR-Okay. MR. VANDUSEN, Water/Wastewater Superintendent-From the engineer and I would recommend that they call either Bruce or myself and we can tell them a little more detail as to where that’s going to be. COUNCILMAN BOOR-Okay. On a lateral that’s on the opposite side of the main, the lateral connection will be made at the main, that you wouldn’t be doing a new MR. VANDUSEN, Water/Wastewater Superintendent-Actually, it’ll be a whole new service. Typically we would expect to put the new water main in and then bore underneath the road and run a whole new copper service in. COUNCILMAN BOOR-So it would be a boring; you’re not going to be digging up necessarily both sides? MR. VANDUSEN, Water/Wastewater Superintendent-Right, well, hopefully we would dig on both sides of road, push underneath. Now the exception would be, this area, there’s several areas that there’s a fair amount of rock and obviously if we run into rock, we’re not going to have any choice but to open cut it. COUNCILMAN BOOR-Would it be wiser just to tell people to wait then until after? MR. VANDUSEN, Water/Wastewater Superintendent-No, I would treat it on a case by case basis. COUNCILMAN BOOR-Alright. MR. VANDUSEN, Water/Wastewater Superintendent-Certainly, the safe thing would be to wait but we’d be happy to meet with them and talk, you know each individual situation over. COUNCILMAN BOOR-I’ll have them come in then, great. Thank you. COUNCILMAN STROUGH-Now the copper service, is that going to go right to the house? MR. VANDUSEN, Water/Wastewater Superintendent-That goes to the front property line. COUNCILMAN STROUGH-Okay, goes to the property line. MR. VANDUSEN, Water/Wastewater Superintendent-Right the water district is responsible only within the town right-of-way, the customer is responsible from their front property line into their house. We will tie into that and you know, there’s no reason to think unless they’ve been having a problem, they won’t have to do anything, there’ll be no expense to the homeowner at all. Regular Town Board Meeting, 07-25-2005, Mtg #35 16 COUNCILMAN STROUGH-And now, it says that the line that currently is there is a, in the engineer’s report, says that it’s a six inch asbestos cement and cast iron pipe. MR. VANDUSEN, Water/Wastewater-There’s two different kinds of pipe in that subdivision, a portion of it is cast iron; a portion of it is asbestos cement. When that was put in initially, it was before 1963 when Queensbury first formed a water district, they bought their water from the City of Glens Falls and there were no regulations, no restrictions and they could use whatever kind of pipe that they chose. COUNCILMAN STROUGH-So this would replace that asbestos cement. MR. VANDUSEN, Water/Wastewater Superintendent-That’s correct. COUNCILMAN STROUGH-Which is probably a good idea. MR. VANDUSEN, Water/Wastewater Superintendent-Certainly. COUNCILMAN STROUGH-Yea. Okay, thank you. MR. VANDUSEN, Water/Wastewater Superintendent-Sure. SUPERVISOR STEC-Alright, the public hearing is open, if anyone would like to comment or ask any questions about these proposed water improvements to the Meadow Lane area of town off of Ridge Road, just raise your hand. Okay, seeing none, I’ll close the public hearing. PUBLIC HEARING CLOSED 7:40 P.M. SUPERVISOR STEC-We have two resolutions to consider, the first one actually authorizes the improvements and the second one establishes the Capital Project Fund. And again Ralph, you did say that there was enough money in your reserves to cover this? MR. VANDUSEN, Water/Wastewater Superintendent-That’s correct. COUNCILMAN BOOR-Just for the Board’s knowledge and anybody living in that area, one of the questions I had for Ralph was, when we do these types of improvements, are the district costs going to go up for the people in that district and the answer is no. SUPERVISOR STEC-Correct. RESOLUTION AUTHORIZING WATER TRANSMISSION SYSTEM IMPROVEMENTS IN MEADOW LANE AREA WITHIN THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 349, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (District) in accordance with New York Town Law, and Regular Town Board Meeting, 07-25-2005, Mtg #35 17 WHEREAS, the Town Board wishes to maintain and improve the District’s water transmission facilities by replacing existing water mains in the Meadow Lane area east of Meadowbrook Road and west of Route 9L in accordance with Town Law §202-b, and WHEREAS, by Resolution No. 101, 2005 the Queensbury Town Board authorized engagement of C.T. Male Associates, P.C. for engineering and survey services concerning the replacement of water mains on Meadow Lane, Meadow Drive and Meadow View Road in the Town of Queensbury (Meadow Lane Water Replacement Project), and WHEREAS, C. T. Male Associates, P.C., professional engineers, have prepared a Map and Plan concerning the proposed water transmission system improvements together with an estimate of the cost of such improvements and such Map and Plan was duly filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, although the Town of Queensbury is located partially within the Adirondack Park, the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202- b(5), th WHEREAS, on July 11, 2005, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the proposed improvements; (b) the maximum amount proposed to be expended for the improvements; (c) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk’s Office; and (d) the time and place of a public hearing on the proposed Water District improvements, and WHEREAS, a public hearing on the proposed Water District improvements was th duly held on July 25, 2005 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to authorize the proposed Water District improvements in accordance with Town Law §202-b, and WHEREAS, the Town has the funds to pay for the proposed Water District improvements in a Capital Reserve Fund previously established, and WHEREAS, any expenditure from such capital reserve fund is subject to permissive referendum, NOW, THEREFORE, BE IT Regular Town Board Meeting, 07-25-2005, Mtg #35 18 RESOLVED, that the Queensbury Town Board hereby determines that these actions are Type II actions under the State Environmental Quality Review Act (SEQRA) and therefore are exempt from SEQRA review, and BE IT FURTHER, RESOLVED, that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. It is in the public interest to authorize and approve the improvements to the Queensbury Consolidated Water District, such improvements being the replacement of existing water mains in the Meadow Lane area east of Meadowbrook Road and west of Route 9L with approximately 5,870 lineal feet of 8” ductile iron pipe along Meadow Lane, Meadow Drive and Meadow View Road. The lengths of pipe on each road are 1,895’, 2,355’ and 1,620’ respectively. These improvements are as described in the Map, Plan and Report on file with the Queensbury Town Clerk; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and approves the improvements to the Queensbury Consolidated Water District as set forth above and in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following: 1. the obtaining of any necessary permits or approvals from the New York State Department of Health; and 2. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation. 3. a permissive referendum in the manner provided in New York State Town Law Article 7; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the expenditure for the improvements as set forth above and in the Map, Plan and Report, in an amount not to exceed $1,027,500, shall be paid for from the Water District’s Capital Reserve Fund Regular Town Board Meeting, 07-25-2005, Mtg #35 19 subject to a permissive referendum in the manner provided in New York State Town Law Article 7, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 25 day of July, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #152 – WATER TRANSMISSION SYSTEM IMPROVEMENTS IN MEADOW LANE AREA WITHIN QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 350, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to establish a Capital Project Fund to fund the design, contract administration, construction and easement preparation services in connection with the replacement of water mains on Meadow Lane, Meadow Drive and Meadow View Road in the Town of Queensbury (Meadow Lane Water Replacement Project), and WHEREAS, by prior Resolution, the Town Board authorized the improvement to the Consolidated Water District’s water transmission facilities by authorizing the replacement of existing water mains in the Meadow Lane area east of Meadowbrook Road and west of Route 9L with approximately 5,870 lineal feet of 8” ductile iron pipe along Meadow Lane, Meadow Drive and Meadow View Road in accordance with New York State Town Law §202-b, and WHEREAS, the total Project cost is estimated to be $1,027,500 and the Town Board wishes to appropriately establish a Capital Project Fund, NOW, THEREFORE, BE IT Regular Town Board Meeting, 07-25-2005, Mtg #35 20 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Meadow Lane Water Main Replacement Project Fund #152, which Fund will establish funding for expenses associated with the design, contract administration, construction and easement preparation services in connection with the replacement of water mains on Meadow Lane, Meadow Drive and Meadow View Road in the Town of Queensbury (Meadow Lane Water Replacement Project), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be by a transfer of funds from Water Capital Reserve #065, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #152 in the amount of $1,027,500, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ?? Revenue Account No. 152-0152-5031 – Interfund Transfers - $1,027,500. ?? Expense Account No. 152-8340-2899 - Capital Construction - $937,221. ?? Expense Account No. 152-8340-4403 – Engineer/Surveyor - $90,200. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to amend the 2005 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution authorizing the transfer of funds from the Water District Capital Reserve Fund No.: 065 shall be subject to a permissive referendum in the manner provided in New York State Town Law Article 7, and Regular Town Board Meeting, 07-25-2005, Mtg #35 21 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 25 day of July, 2005 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None DISCUSSION AFTER VOTE: MR. VANDUSEN, Water/Wastewater Superintendent-I just want to point out to the Board that the next step in this process would be authorizing the advertisement of bids on the project. We’re finalizing the specifications and the plans, I would hope at the first meeting in August that we’d be asking for permission to go out to bid. CORRESPONDENCE DEPUTY TOWN CLERK BARBER noted the Building & Codes Monthly Report for June, 2005 has been received and filed… read the following letter into the record: July 11, 2005 Mr. William Remington County Supt. Of Public Works 4028 Main Street Warrensburg, NY 12885-1100 Dear Mr. Remington: This letter is in response to your April 11, 2005 correspondence to this office requesting a speed limit reduction on Meadowbrook Road in the Town of Queensbury. Currently, there is a 40 MPH speed limit on Meadowbrook Road between Quaker Road (Route 254) and Haviland Road. Based on our review of this section of highway, we have determined that a reduction of the speed limit is not warranted at this time. Included in our investigation, we took radar measurements of traffic speeds in two locations and found 49% and 59% of the traffic exceeding the posted 40 MPH limit. Under these circumstances, we recommend enforcement of the existing speed limit rather than a further reduction of the regulatory speed limit. By copy of this letter, we will notify the State Police and Warren County Sheriff for whatever action they may determine to be appropriate. Thank you for your interest in traffic safety. If you have any questions regarding this matter, please call William Northup of this office at 388-0380. Sincerely, Mark Kennedy Acting Regional Traffic Engineer INTRODUCTION OF RESOLUTIONS FROM THE FLOOR – NONE PRIVILEGE OF THE FLOOR Regular Town Board Meeting, 07-25-2005, Mtg #35 22 7:45 P.M. MR. PLINEY TUCKER, 41 Division Road-Questioned whether there’s any plan to change the name of the fire company from West Glens Falls to West Queensbury? SUPERVISOR STEC-No, I’m not aware of that. MR. TUCKER-Questioned whether the status regarding the transfer of the land on the Hudson River from Niagara Mohawk has changed? SUPERVISOR STEC-No, the status has not changed, not since the last meeting. MR.TUCKER-Referred to the Town Board Workshop where they discussed the possible financing of the library and questioned whether there’s a resolution on for tonight to put it on the ballot? SUPERVISOR STEC-Not tonight, we would need a resolution to put it on the ballot; we don’t have one of those resolutions tonight. TOWN COUNSEL HAFNER-You usually do it in September. MR. TUCKER-Have you any information you can pass onto the public? SUPERVISOR STEC-To summarize what we discussed at that workshop, the Town Board, it was our consensus and I did communicate it as promised to the library, to Mayor Regan’s Office and to Supervisor Guthiel’s Office that the Town Board, of the three options that we were considering the least preferable one that we liked was the individual municipalities bonding it and the other two we saw as a coin toss either the IDA route or Dormitory Authority. I have not received any correspondence back from either Glens Falls or Moreau as to what they’ve decided. MR. TUCKER-Questioned whether it will be during a public hearing when decided? SUPERVISOR STEC-Any resolution that we pass to put it on the ballot will be at a Regular Town Board Meeting. TOWN COUNSEL HAFNER-What I understood the library was proposing was that every year they give the Town Board, this is the budget that we suggest, that we’d like you to let your voters vote for and what I understand is, they’re going to break it down into parts one and two. Part one will be sort of the normal budget, part two will be a part of the budget that deals with authorizing this particular project and they informed us that if the second part goes down, that they won’t go forward with the building project until they get the votes of the three municipalities. MR. TUCKER-Questioned how much the town could borrow without affecting the town’s credit rating? MS. SWITZER, Budget Officer-I don’t know, I can’t answer that. COUNCILMAN BREWER-I think he’s asking what our capacity to borrow is. MS. SWITZER, Budget Officer-Okay, and that’s your constitutional debt limit and what that is, I do not know off the top of my head. MR. TUCKER-But you can find out? MS. SWITZER, Budget Officer-Yes. MS. KATHLEEN SALVADOR-Just to note, before I start, since last Saturday my husband John and I became citizen-taxpayers registered to vote once again in relation to the affairs of the Town of Queensbury. (read the following into the record) Regular Town Board Meeting, 07-25-2005, Mtg #35 23 I wish to comment this evening on Resolution numbered 8.13 as it appeared on your July 11, 2005 meeting agenda. I have read where this Board voted to table a vote which would have authorized a Supreme Court action against our neighbors Frank Parillo and a William Kelly. I have also read the draft resolution and have obtained a preliminary draft th version of your meeting record of the 11. I am dismayed the extent to which misinformation has fostered yet another delay in this 5 year old game of cat and mouse. Even as Mr. Stec allowed an additional two weeks for Messers Hather, Lapper and Lipinski to resolve it before the next meeting in a way satisfactory to the Board and Craig and Marilyn. Otherwise, Mr. Hafner was to bring the resolution that we have tonight for you to face in two weeks. Now two weeks later, absent any resolution on this evening’s agenda and knowing of no agreement satisfactory to Mr. Brown and Ms. Reba as well as this Board, it appears that the granting of time to allow your counsel to figure out a way to resolve the problem involving the creation of an illegal subdivision of land has once again been a waste of governmental resources. Historically, Mr. Parillo countersigned a determination made by the Zoning Administrator, Mr. Brown, on October 25, 2001 which determination outlines the allowable basis for the creation of 42-acre lots without creating any new lots. This subdivision of land zoned Land Conservation 42 Acres was to involve the consolidation of lots in separate ownership and the joining of tax parcels employing the art known as land hooks, again, without creating any new or additional lots. With this understanding in hand, Mr. Parillo’s agents bypassed the Town and initiated an application to the A.P.A. in the form of a Jurisdictional Inquiry on December 6, 2001. Never mentioning the Zoning Administrator’s show stopper condition that no new or additional lots be created. Creating new lots requires Planning Board approval of a Subdivision Plat and if any of the lots be substandard, the scheme needs ZBA approval. Calling Mr. Brown’s determination an agreement and based on the proposed boundary line adjustment after the merger of the two parcels into one parcel, all of which had not been done and approved, the applicants counsel represented to the APA that the whole exercise did not constitute a new subdivision under the Town Zoning Code. If that argument were plausible, the APA would not have had jurisdiction. Instead, the APA did not take the bait and declared this a Class A Regional Project. Consequently, a highly conditioned Project Permit No. 2002-1 was issued on July 31, 2002. Quoting from the several APA conditions of approval are these salient prerequisites: On page 1, - Nothing contained in this permit shall be construed to satisfy any legal obligations of the applicant to obtain any governmental approval or permit from any entity other than the Agency, whether federal, State, regional or local. Also, page 1 - This permit must be recorded on or before September 30, 2002. Page 3 - Town’s density requirements shall be applied and, finally the Agency hereby finds that the project is approvable provided it is undertaken in compliance with the conditions herein. Without even a nod in the direction of the Town Subdivision Ordinance as well as the Town’s density requirements or the request for a variance from ZBA, Minor Project Permit No. 2002-1 including a certified map was filed in the Warren County Clerk’s Office on September 12, 2002 seemingly without the Town’s knowledge even though the fundamental procedure proposed seemed to have been sanctioned by the Town. The filing of this APA Permit gave the green light to the County’s Tax Mapping Agency to adjust the lot lines creating a new and additional lot, even though the Town’s density requirements had not been met. On September 17, 2002, five days after filing, Mr. Parillo conveyed the newly hatched lot to Mr. Kelly. Since a special condition of the APA permit was not met by September 30, 2002, does the APA Permit have validity in law? But then again, who was to notice? Who was to understand? Who was to question the validity of these inter-agency maneuvers? MR. JOHN SALVADOR-Good evening gentlemen, my name is John Salvador and I also recently registered to vote in relation to the affairs of the Town of Queensbury. (read the following into the record) Continuing with Mr. Parillo’s illegal subdivision adjacent to the navigable waters of the State which waters run through the lands of the Forest Preserve, it was not until the spring of 2003 that I noticed that the Town Building and Codes Department had permitted renovation work which was going on in the old Ellsworth farmhouse. How could this be permitted in a dwelling situated on land owned by someone in violation of the Town Zoning Ordinance since October 25, 2001? Mr. Brown gave Mr. Parillo until September 1, 2003 to file the necessary consolidation documents. No Stop Work Order was even suggested! The question as to whether or not the extent of the renovation work even requires an up to standard septic system has yet to Regular Town Board Meeting, 07-25-2005, Mtg #35 24 th be addressed. I, too, have read the proposed Resolution No. 8.13 of July 11 and can agree that the first thirteen whereas clauses to be a fair representation of the facts. However, I cannot agree with the Zoning Administrator in Clause Number 14 where he recommended that the Town commence legal action in this matter. I do not feel it is an appropriate means, at this time, to enforce and enjoin Mr. Parillo’s 3-year old violations of both the Town’s Zoning Ordinance and its Subdivision Regulations. I am pleased that the Town Board has not ratified the Zoning Administrator’s recommendation to sue Mr. Parillo in State Supreme Court. His recommendation is predicated on his judgment that it is the only way to enjoin these violations and enforce the Town’s Code and Regulations. Nonsense! It is not the only way! A determination by this Board to sue at this time would precipitate a huge waste of taxpayers’ resources and open the door for the Town’s Counsel to agreeing to yet more conditions which may be equally unenforceable. I am fearful that a stipulated settlement might not fully protect the property interests of neighboring property owners such as ourselves and the State of New York. Why not remand this resolution back to the Zoning Administrator, Mr. Brown, with instructions for him to first seek an Administrative remedy readily at hand; i.e., seek to have the APA repeal or, better yet, nullify Project Permit No. 2002-1? The reasoning is easy to understand! There can be no question that the project was misrepresented on the application for a non-jurisdictional determination. None of the applicant’s promises have been fulfilled. Add to this an inaccurate and incomplete mapping according to Town Code and finally the failure to comply in a timely fashion with the special conditions of their permit before the sale of the property. Such a nullification might muddy the title of Mr. Parillo’s conveyance to Mr. Kelly, but it sure would force Mr. Parillo to bring this flip-flop of land into conformance with the requirement of the Town Code as ordered 2 years ago by Mr. Brown. Another solution is for Mr. Parillo to petition the Town for a zoning change whereby a greater intensity of development; i.e., lots smaller than 42 acre, which might preclude the need to consolidate his lots before subdivision mapping. This tactic is frequently used to avoid ZBA variance review and paves the way for easy th Planning Board acceptance. During your deliberations of July 11, Mr. Brewer asked if he thought this could be resolved without the Board being there. To which Mr. Hafner responded that he believed he could resolve it. Mr. Brewer, don’t you believe it! I’ll close with the question of whether or not this matter has been set down under Attorney Matters Section 8.0 of your agenda this evening. If not, where do we go from here? One more comment, Resolution 6.6 on tonight’s agenda, I would encourage you to approve it, the work has already been done. Where do we go from here Mr. Stec on this issue? SUPERVISOR STEC-We’ll let you know. MR. SALVADOR-It’s been lingering for five years. SUPERVISOR STEC-Yes, sir. Thank you. TOWN BOARD DISCUSSIONS 8:05 P.M. COUNCILMAN BOOR-Bob, some salient points were made and we do need to move on this, I’d like an update. TOWN COUNSEL HAFNER-To remind the Board, the facts are as the Salvador’s talked th about at the 11 Town Board Meeting. You had a workshop a week ago where I attended, I talked to you about discussions that I had at your direction with Mr. Parillo’s attorneys. I left with some marching orders from you; we did receive the materials that we asked for from the other attorney. I got them I believe on Thursday, we’ve had a lot of Town exciting business going on; I have not had a chance to review them. But I will have a chance to review them before your next Town Board Meeting and I’ll be able to give you copies of the maps that we received and talk with you about it then. COUNCILMAN BOOR-I did have the occasion to canoe around Lake Sunnyside yesterday and the milfoil is dying. However, I did receive in today’s mail the publication that comes from the Lake Sunnyside Association and one of the requirements for the Regular Town Board Meeting, 07-25-2005, Mtg #35 25 sonar treatment to be affective is for it to maintain a level of ten parts per billion over a certain period of time and I believe it has dropped to about seven and part of the guarantee that they received when they had the application done was that should this occur, I don’t believe to no cost to this town, another application would be required and I truly believe that’s probably the direction that they’re heading…. I know they’re on it and I’m sure that it will be taken care of but to date it has not been eradicated. I just wanted to give an update for anybody. SUPERVISOR STEC-On that note, I know that Glen Lake did receive the ten thousand dollar check that we authorized for their aqua fall project there and we’re working with them on the other. COUNCILMAN TURNER-We authorized the new sidewalks on Fort Amherst and Broadacres but we didn’t decide when we’re going to do them? Because I think we ought to notify the people that live on the streets so they know its coming. SUPERVISOR STEC-No, I’ll make sure that we’re doing that. I’ll talk with Laurie tomorrow; she’s been waiting for us to pass this resolution so that she can award the bid. I think there was a time line in there. COUNCILMAN STROUGH-The bid document says that the construction company has to start five days after their notified. SUPERVISOR STEC-I would think it’s safe to say that within the next couple of weeks they should start somewhere, I don’t know if they’ll start at Fort Amherst or if they’ll start in Broadacres but I would think sometime in early August they’ll be starting this work. But you’re right, if we can find out quickly, it might be well worth the effort to try to get a word out to those affected homeowners. COUNCILMAN TURNER-One other thing, with the price of blacktop going up everyday, we’re going to have to start grinding pavement down so that we don’t keep piling one layer upon another layer because we can recycle that material and put it back down. SUPERVISOR STEC-We did grind down Broadacres when we paved in there and they did reuse that. COUNCILMAN BREWER-A lot of that, when they grind the road, they’ll take it right up on the mountain where there is no pavement and use it for a base. COUNCILMAN STROUGH-The Rush Pond pedestrian and bicycle path is moving forward, we’re getting landowners approvals, at least we got a very significant key one… I did get an article in the mail, and the article says that Herndon, Virginia is one of the first municipalities for Verizon Communications to begin offering cable TV service. And Bob Hafner has drafted a letter that we’re sending out to Verizon, if it meets the approval of the Town Board Members and we’ll see what happens with that… Thanks Dan for getting the letters out so quickly to Sheriff Cleveland and Mayor Regan on the ATV’s and dirt bikes on the Watershed Property… Noted that he’s done some research on speed wagons and would like the Board to consider purchasing one for the Warren County Sheriff’s Department to be used exclusively in our town… Referred to two editorials, one in the Post Star, the other in the Lake George Mirror regarding the benefits of visual and performing arts in a community… PORC Committee has had their first meeting with Saratoga Associates, the contract is just about final, they’re going to have eleven more meetings plus meetings with the public, meetings with the Town Board, the process of revising, making better our Comprehensive Land Use Plan and our zoning is on its way… Referred to the Ciba Geigy site, recommended getting a list together of what we have to do and let’s move on it because this is a significant site… The town, up to date, we’ve done almost 26 million dollars worth of business in the town, almost seven million dollars last month… Spoke regarding Cost Control Associates and the auditing of the town’s utilities… Regular Town Board Meeting, 07-25-2005, Mtg #35 26 SUPERVISOR STEC-As soon as Town Counsel and Bob Keenan have time to review the contract, he’d like to sign it… COUNCILMAN STROUGH-The last time they audited our utilities, we saved about a hundred and seventy-four thousand dollars… Questioned the status of the traffic corridor study? SUPERVISOR STEC-There’s a meeting coming up; I think Thursday to talk about that… COUNCILMAN STROUGH-One last announcement, the Various Communities That Care Chapters of Glens Falls and Queensbury are going to have a National Night Out nd August 2 in Glens Falls’ Crandall Park from four to nine… COUNCILMAN BREWER-Referred to the County DPW meeting two weeks ago where they did include funds for a bike path on Corinth Road. It will be done this year, one point two miles from West Mountain south. SUPERVISOR STEC-From West Mountain east approximate to Clendon Brook Road on both sides of the road and both sides on West Mountain Road between Peggy Ann and Aviation. They’re scheduled for September or October, sometime towards the tale end of the paving season. There is an eminent domain public hearing scheduled for Warren County on this matter on Wednesday night at 7… COUNCILMAN BOOR-The Route 9, 254 improvements, there was some emails going back and forth and my question is, when are we going to make a determination on which way we want to go and what kind of lead time are we looking at here as far as differences in construction time and start time… SUPERVISOR STEC-I’d have to ask Marilyn tomorrow… Aviation Mall did put aside a hundred thousand dollars to mitigate traffic issues… COUNCILMAN TURNER-I see in the audit we’ve got the fifty lights for Route 9, are we going to sub out the installation of them? SUPERVISOR STEC-Yes… We’re waiting for Niagara Mohawk to grant our service plan… COUNCILMAN STROUGH-Recommended getting Cost Control Associates involved in the decision making of type of service for the most cost effective option… SUPERVISOR STEC-Would like to note and publicly thank both South Queensbury Fire Company and West Glens Falls Fire Company, they were able to maintain their Class 4 Rating through an audit by ISO, Insurance Standards Organization, a private entity nationally recognized... This audit was done at the town’s request; it was well over ten years since the last one had been done so we’re good for another ten years. They all had good news except there was a couple of discrepancies that they needed to get clarified and correct in two of our fire companies, and no shame to that, that’s the purpose of the audit but South Queensbury and West Glens Falls, I did just get correspondence on both of them that they were able to retain their Class 4 Rating… As to the Crandall Library Expansion Financing, as I said I’ve heard nothing from Moreau or Glens Falls as to what their wishes are but we did express ours a week ago and I’ll contact the library to see if they’ve heard anything more… The curbs and sidewalk issue, it’s something that’s taken a long time and I’m happy to see that we’re finally moving forward and finishing off what we started a few years ago… The town did complete another round of improvements at Hovey Pond, the walkway, a public with private volunteer effort between the County Soil and Water, several departments at the town and several volunteers down at Hovey Pond. I encourage the public to go down there, there’s been some significant improvements made and I want to thank everyone that volunteered their time to make that happen… North Queensbury, Warren County Soil and Water has got two projects that they’re looking to do this year that are in the works right now for designing dry hydrants… Outside of town government, I thought it was a good public Regular Town Board Meeting, 07-25-2005, Mtg #35 27 service, there’s an effort right now that’s being made throughout the country to make people aware about emergency contact information on cell phones. Emergency Medical Responders, one of the first things that they do now is look in the address book on cell phones under ICE, in case of emergency, to look to see who to contact for that individual. It’s something that they’re pushing for and I just thought to get that out, I think it’s a good idea… COUNCILMAN BOOR-One thing to add to that, I’m not sure if the public is aware of it but when you upgrade your cell phones or you have an old cell phone, 911 still works on the old phone. So if you have a relative who doesn’t have a cell phone or a family member or friend that drives a lot or might be one that it would be good to have something like that, certainly give it to them because 911 will work whether they have a contract or not. COUNCILMAN STROUGH-In responding to emergency situations, would like to note that there are many houses in town that do not have the numbers on their home and they’re supposed to, they’re all supposed to have the 911 numbers on their house for emergency response services… RESOLUTIONS 8:45 P.M. RESOLUTION SETTING HEARING ON WILLIAM & ROSE MINARCHI’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 351, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, William and Rose Minarchi have applied to the Local Board of Health § for a variance/waiver from 136-44 as the Minarchi’s wish not to make the connection of their Brown’s Welcome Inn property located at 932 Route 9, Queensbury to the Town of Queensbury’s Route 9 Sewer District, as all plumbing in the basements of the three buildings on the property would have to be reversed and new drainage pipes installed as the tap is located at the rear of the property and such work would cost in excess of $12,500 (plus the costs of blacktop repairs), as more fully delineated in the Minarchis’ application presented at this meeting, Regular Town Board Meeting, 07-25-2005, Mtg #35 28 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, st August 1, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider William and Rose Minarchi’s sewer connection variance/waiver application concerning the Brown’s Welcome Inn property located at 932 Route 9, Queensbury (Tax Map No.: 296.13-1-12), and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to William and Rose Minarchi as required by law. th Duly adopted this 25 day of July, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION SETTING HEARING ON ESTATE OF EDWARD T. GARDNER A/K/A AND D/B/A LAKE GEORGE CAMPSITE’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 352, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, the Estate of Edward T. Gardner, a/k/a and d/b/a Lake George Campsite (LG Campsite) has applied to the Local Board of Health for a variance/waiver § from 136-44 as the LG Campsite wishes not to make the connection of its property located Regular Town Board Meeting, 07-25-2005, Mtg #35 29 at 1053 Route 9, Queensbury to the Town of Queensbury’s Route 9 Sewer District, as LG Campsite states that the installation of sewer laterals throughout such property will disrupt and cause relocation of existing water, cable television and some electrical wires; there is no history of failure of the eight on-site leach fields and all are in excellent working order; all leach fields are maintained annually; soils are excellent for on-site treatment; and there are 230 total campsites including 58 which are full hookup including septic, as more fully delineated in LG Campsite’s application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, st August 1, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the Estate of Edward T. Gardner, a/k/a and d/b/a Lake George Campsite’s sewer connection variance/waiver application concerning its property located at 1053 Route 9, Queensbury (Tax Map No.: 295-12-1-6), and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the applicant as required by law. th Duly adopted this 25 day of July, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING EXTENSION OF UNPAID MEDICAL LEAVE OF ABSENCE FOR WILLIAM SHAW RESOLUTION NO.: 353, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, William Shaw, Computer Technology Coordinator, has been out on th sick leave/sick bank leave since August 6, 2004 and Mr. Shaw exhausted all paid leave available to him, including all sick leave bank leave, and Regular Town Board Meeting, 07-25-2005, Mtg #35 30 WHEREAS, Mr. Shaw requested Town Board approval to take an unpaid medical leave of absence as set forth in Warren County Civil Service Rule XIX and Mr. Shaw submitted medical documentation supporting a need for medical leave, and WHEREAS, by Resolution No.: 376,2004, the Town Board granted Mr. Shaw an th unpaid medical leave extending through the earlier of February 6, 2005 or certification of his physical qualification for return to work documented by his physician in form satisfactory to the Town, and WHEREAS, by Resolution No.: 63,2005, the Town Board granted Mr. Shaw an th extension of the unpaid medical leave extending through the earlier of August 7, 2005 or certification of his physical qualification for return to work documented by his physician in form satisfactory to the Town, and th WHEREAS, by letter dated July 7, 2005, Mr. Shaw has requested an additional six (6) month extension of his unpaid medical leave and has provided the Town Board with medical documentation supporting such request, and WHEREAS, the Town’s Director of Information Technology has recommended that the Town Board grant the six (6) month extension of Mr. Shaw’s unpaid medical leave extending through the earlier of: th 1. February 7, 2006; or 2. Certification of his physical qualification for return to work, documented by his physician in form satisfactory to the Town; and WHEREAS, the Town Board has carefully considered the circumstances of Mr. Shaw’s request and the recommendation of the Director of Information Technology, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants a six (6) month extension of William Shaw’s unpaid medical leave of absence with an th effective date of August 7, 2005 extending through the earlier of: th 1. February 7, 2006; or 2. Certification of his physical qualification for return to work, documented by Regular Town Board Meeting, 07-25-2005, Mtg #35 31 his physician in form acceptable to the Town; and BE IT FURTHER, RESOLVED, that Mr. Shaw shall provide the Town with a status report from his physician regarding his ability to return to work and must notify the Town Board in th writing by January 7, 2006 of his intention to return to work or request further unpaid medical leave and supply supporting documentation if he wishes to request additional th unpaid leave beyond February 7, 2006, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Information Technology and/or Budget Officer to take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution will not have any impact or create any inference as to any determination of entitlement to Disability or Workers’ Compensation Benefits. th Duly adopted this 25 day of July, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT : None RESOLUTION AUTHORIZING ADIRONDACK NAUTILUS, LTD. TO HOST 5K RACE RESOLUTION NO.: 354, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Adirondack Nautilus, Ltd., has requested permission to conduct a 5K Regular Town Board Meeting, 07-25-2005, Mtg #35 32 race (run/walk) as follows: SPONSOR : Adirondack Nautilus, Ltd. EVENT : 5K RACE (RUN/WALK) th DATE : Saturday, August 13, 2005 - 8:00 a.m. PLACE : Beginning at Queensbury Racquet Club/ Adirondack Nautilus on Glenwood Avenue, north on Bay Road to Adirondack Community College and returning to Adirondack Nautilus. The run will be conducted on the east side of Bay Road and will return on the west side of Bay to Glenwood Avenue. (Letter regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Nautilus, Ltd. to conduct a 5K race (run/walk) in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this race subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the race, and BE IT FURTHER, RESOLVED, that this race shall also be subject to the approval of the Warren County Superintendent of Public Works. th Duly adopted this 25 day of July, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING PLACEMENT OF CANOPY ON TOWN COURTHOUSE LAWN FOR USE BY ADIRONDACK NAUTILUS LTD. RESOLUTION NO.: 355, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION Regular Town Board Meeting, 07-25-2005, Mtg #35 33 SECONDED BY: Mr. Tim Brewer WHEREAS, Adirondack Nautilus, Ltd., has requested permission to place a canopy th on the Queensbury Courthouse Lawn, Glenwood Avenue, on August 13, 2005 for the conducting of its Open House and Annual 5K Race, and WHEREAS, Adirondack Nautilus, Ltd., has provided a certificate of liability insurance naming the Town as an additional insured party, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Adirondack Nautilus, Ltd., to place a canopy on the Queensbury Courthouse Lawn, Glenwood Avenue, th on August 13, 2005, and BE IT FURTHER, RESOLVED, that the Town Board further directs that Adirondack Nautilus, Ltd. shall have the responsibility to clean and/or repair the site to the satisfaction of the Town’ Facilities Manager after such event. th Duly adopted this 25 day of July, 2005 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT : None RESOLUTION AUTHORIZING ENGAGEMENT OF ROBERT COTE TO PROVIDE APPRAISAL IN CONNECTION WITH ARTICLE 7 ASSESSMENT PROCEEDING – SALVADOR V. TOWN OF QUEENSBURY RESOLUTION NO.: 356, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, John and Kathleen Salvador commenced Article 7 Real Property Tax Assessment Proceedings in 2002 and 2003 against the Town of Queensbury challenging the assessments on parcels comprising their marina property located at Dunham’s Bay on State Route 9L in Queensbury, and Regular Town Board Meeting, 07-25-2005, Mtg #35 34 WHEREAS, in 2004 they similarly commenced Article 7 Real Property Tax Assessment Proceedings challenging the assessments on the marina parcels and on their nearby residence on Alexy Lane, and WHEREAS, the Town is required to file appraisals with the Warren County Supreme Court in order to defend the assessments, and WHEREAS, fee quotations for appraisal preparation were obtained, and WHEREAS, the Town Assessor has recommended that the Town Board engage the services of Robert Cote to prepare the needed appraisals, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Robert Cote to furnish Court-ready appraisal reports in connection with Article 7 Real Property Tax Assessment Proceedings commenced by John and Kathleen Salvador concerning assessments on parcels comprising their marina property located at Dunham’s Bay on State Route 9L in Queensbury for the 2002/03 through 2004/05 tax years, including a separate appraisal report their residential property on Alexy Lane for the 2004/05 tax year, at a total cost of $4,000, to be paid from the appropriate account, with the Lake George School District to bear at least $1,750 of the expense and the Town no more than $2,250, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Assessor, Town Supervisor and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of July, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO.: 357, 2005 Regular Town Board Meeting, 07-25-2005, Mtg #35 35 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 stth presented as the Abstract with a run date of July 21, 2005 and a pay date of July 26, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a stth run date of July 21, 2005 and pay date of July 26, 2005 numbering 25-311300 through 25-337900 and totaling $791,642.93, 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 25 day of July, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None ATTORNEY MATTERS TOWN COUNSEL HAFNER-Most of the things that I had to report on have already been discussed. I was going to mention the letter that I did for John Strough, and if you give us your comments… TOWN BOARD agreed with letter… TOWN COUNSEL HAFNER-We’ve received the contract from Cost Control and we’ll be reviewing it shortly. Would like to know if you want an executive session to discuss the personnel matter? TOWN BOARD agreed to address matter in executive session. TOWN COUNSEL HAFNER-One other question, last week you all talked about the waivers connecting to the sewer and our current code gives people either a chance to apply a temporary or a permanent. There was a lot of discussion last week that you weren’t comfortable with permanent, is this something that you want us to work on down the line of changing the code to just allow temporary? TOWN BOARD held discussion, agreed to get Mr. Shaw’s recommendation and then discuss further. Regular Town Board Meeting, 07-25-2005, Mtg #35 36 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 358, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn from Regular Session and enter Executive Session to discuss a personnel matter involving the CSEA grievance. th Duly adopted this 25 day of July, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None (Councilman Brewer left meeting) RESOLUTION TO RECONVENE RESOLUTION NO.: 359, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn from Executive Session and enter Regular Session of the Town Board. th Duly adopted this 25 day of July, 2005, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION TO ADJOURN REGULAR TOWN BOARD MEETING RESOLUTION NO.: 360, 2005 Regular Town Board Meeting, 07-25-2005, Mtg #35 37 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their Regular Town Board Meeting. th Duly adopted this 25 day of July, 2005, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Stec, Mr. Boor NOES: None ABSENT: Mr. Brewer No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY