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2005-09-12 MTG 40 Regular Town Board Meeting, 09-12-2005, Mtg #40 724 REGULAR TOWN BOARD MEETING MTG #40 TH SEPTEMBER 12, 2005 RES. #408-443 7:07 P.M. BOH RES. #20-21 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER (arrived at 7:08 p.m.) TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Jennifer Switzer, Budget Officer Marilyn Ryba, Executive Director of Community Development Stuart Baker, Senior Planner Ralph VanDusen, Water/Wastewater Superintendent Bruce Ostrander, Deputy Water Superintendent PRESS: Glens Falls Post Star SUPERVISOR STEC called meeting to order….. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ROGER BOOR RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 408, 2005 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 from Regular Session and enters as the Queensbury Board of Health. th Duly adopted this 12 day of September, 2005, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer BOARD OF HEALTH Regular Town Board Meeting, 09-12-2005, Mtg #40 725 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MARY MILLER BOARD OF HEALTH RESOLUTION NO.: 20, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Mary Miller has applied to the Local Board of Health for a variance § from Chapter 136, 136-11, which requires an applicant to obtain a variance for a holding tank and the applicant has requested a holding tank, and WHEREAS, Ms. Miller has also applied to the Local Board of Health for additional variances to allow placement of the holding tank 18” from the property line in lieu of the required 10’ setback and 12” from the dwelling foundation in lieu of the required 10’ setback, on property located at 15 Snug Harbor Lane in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, September 26, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Mary Miller’s sewage disposal variance application concerning property located at 15 Snug Harbor Lane in the Town of Queensbury and bearing Tax Map No.: 290.05-1-28 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Stec NOES : None ABSENT: None Regular Town Board Meeting, 09-12-2005, Mtg #40 726 ABSTAIN: Mr. Brewer (Councilman Brewer entered meeting during vote) RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 21, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. th Duly adopted this 12 day of September, 2005, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None REGULAR SESSION CONTINUED PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY THE MICHAEL’S GROUP, LLC AND BAY MEADOWS CORP. NOTICE SHOWN 7:09 P.M. SUPERVISOR STEC-I’ll ask the applicant’s agent Mr. Lapper to come up and brief us on, brief the Board and the public on where we are now. This is a continuation of a public hearing that we had some time ago and with that, Mr. Lapper. COUNSEL JON LAPPER-For the record, Jon Lapper and Jim Miller. Since we were here, you refer us to the Planning Board and we presented the project last month to the Planning Board and they unanimously recommended approval. They asked us to look into a couple of engineering issues but they were very much in favor of it. As you recall, the PUD now calls for a total of ninety-seven units, residential units and what’s proposed would be to drop that to forty-nine residential units with the potential for some office space as well. Roger indicated to me tonight that he hadn’t received the packet with all of the changes that we’ve made in the process of working with staff and the Town Attorney and the Planning Board so if the Board feels that you need more time to go through, there’s certainly no urgency whether this happens tonight or two weeks from now if you’d feel more comfortable having more time to look at how we’ve changed the project, but we’re okay either way. COUNCILMAN STROUGH-Jon, are you saying you did submit the plans where we’ve got the property delineated where those, what eight apartments and one professional office is going in? COUNSEL LAPPER-Yes. COUNCILMAN STROUGH-Where the clubhouse is now? Regular Town Board Meeting, 09-12-2005, Mtg #40 727 COUNSEL LAPPER-Yes. COUNCILMAN STROUGH-And then, better defined exactly what the conservation area is? COUNSEL LAPPER-Yes, we did everything that you asked for, we went through the minutes. COUNCILMAN BOOR-Metes and bounds? COUNSEL LAPPER-Metes and bounds, everything has been submitted. COUNCILMAN BOOR-And the conservation easement? COUNSEL LAPPER-Yea, what we said with the conservation easement is that we would offer it to QEDC and if they didn’t want it, we’d dedicate it to the Town over the remaining golf course that it could never be developed. TOWN COUNSEL HAFNER-And it’s my understanding that they’re still working out the details between the staff and Jon and his colleagues. COUNCILMAN BOOR-Alright so that’s why we haven’t gotten it. COUNSEL LAPPER-Yes, and that’s fine, if it’s not ripe yet, we’ll come back in two weeks, no problem whatsoever. COUNCILMAN BOOR-That’s fine. COUNCILMAN BREWER-I’d feel more comfortable with that and then we can see everything all at once. SUPERVISOR STEC-We’ll go ahead and wait. Yea, there’s no reason, apparently no reason to worry about doing this tonight. COUNSEL LAPPER-Then we can present the full plan in two weeks. SUPERVISOR STEC-At this point, the public hearing is open, if there’s any members of the public that would like to take this opportunity to comment or ask questions about this. We won’t be acting on it tonight; we’ll leave the public hearing open for two weeks from tonight and then likely at that point, conclude the public hearing and act but if there’s anyone that’s here would like to address the Board on this particular public hearing, the public hearing is open, just raise your hand. COUNCILMAN BREWER-And Jon, we will receive those in time so we’ll have time to review it? COUNSEL LAPPER-I know the Planning Staff has everything now, so I’m sure they’ll get it to you. COUNCILMAN BREWER-Okay. COUNCILMAN BOOR-If we can get them within a week that would be great. TOWN COUNSEL HAFNER-I think they’re still working out details between us and Jon but we’re working on it. COUNCILMAN BREWER-Stu, do you have something to say to that? MR. STUART BAKER, Senior Planner-At this point, we’re still waiting revised plans showing the conservation area to be delineated. I believe there’s a couple of points that deserve discussion this evening between the applicants and the Board, the first being the Regular Town Board Meeting, 09-12-2005, Mtg #40 728 access to the four acre parcel to be deeded to the Town. At this point, the applicant still propose that access be via Cronin Road which I take to be parking on the edge of Cronin Road and the second point is, the amended PUD at this point includes proposed townhouse and office building development off of the Dreps Road and we have received information of the developer of the Dreps Road that that may not become a public road after all, that issue is still up in the air and then they preclude development off of that road, unless there’s some, there’s variances granted to this applicant and they have a private agreement for the use of that road. COUNCILMAN BOOR-Well, let me ask you this, is it reasonable to assume that we can be confident we’ll have the kind of answers we need within two weeks? It sounds like there’s some outstanding issues here. MR. BAKER, Senior Planner-Well I, the whole Dreps Road issue at this point, is a private matter that the Town has no control over. I can’t say whether that will be settled in two weeks for certain, but certainly the issue of public access to the four acre lot and parking for that access is something that the Board can discuss this evening. SUPERVISOR STEC-Anything else? Anyone, again from the public? Mr. Sears. MR. BOB SEARS-My name is Bob Sears, Realtor involved in marketing the John Dreps property. I was wondering if there was a site plan that could be available for us to look at, at least a preliminary site plan? COUNCILMAN BOOR-That’s one of the things that we’re asking for. MR. SEARS-At least some kind of a sketch plan. SUPERVISOR STEC-I think Mr. Lapper is pointing at this document at the end of the table here. MR. BAKER, Senior Planner-And we also have all the current information that’s been submitted available in the Community Development Department. SUPERVISOR STEC-Okay, so I’ll leave the public hearing open on this and we won’t take any action this evening. PUBLIC HEARING LEFT OPEN PUBLIC HEARING – QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE TOWER TRUCK NOTICE SHOWN 7:15 P.M. SUPERVISOR STEC-The Town Board had a workshop on this some time ago and actually, before that this was discussed in the contract slash budget discussions and negotiations at the tail end of last year. It’s been reported in the paper, they’re wishing to replace their 1989 Tower Truck with a hundred and thirty four foot Tower Truck for a sum not to exceed one million thirty-nine thousand dollars. I think that’s the highlights for now, with that, I’ll turn it over to Chief Duprey. MR. JOE DUPREY, Fire Chief-As you just stated Mr. Supervisor, we did approach the Town on the replacement of our 89 Maxia Tower Truck. We’ve been preparing the Town for quite sometime on the replacement of this piece of apparatus. We first got our truck committee together in I think it was around February, we first started to look at the options of what our trucks would be as far as our aerial piece. A number of trips to the Albany area, New Jersey, Long Island and a number of trips where we had actually the dealerships come to the station as well to demo certain units. We put out to bid in July, rd we opened the bids on August 3 at our station at six p.m. and from there we made a presentation to the Town Board in a workshop session. The figures as the Supervisor just stated, one million thirty-nine thousand for a hundred and thirty-four foot Tower Truck. Regular Town Board Meeting, 09-12-2005, Mtg #40 729 SUPERVISOR STEC-Quick question, the financing, I think we’re talking about financing over a period of fifteen years. MR. DUPREY, Chief-Fifteen years. SUPERVISOR STEC-Do you have financing lined up? What was the MR. JOHN KASSEBAUM, President-We’re looking with Glens Falls National Bank, depending on again, where we are, it’s going to be four percent, slightly less perhaps. SUPERVISOR STEC-Okay, tax free financing, do you qualify for that for this purchase? MR. KASSEBAUM, President-Right, 501C3. We qualify as a 501C3, to be over the lifetime or the life of fifteen years. So, you would be looking at that truck for fifteen years coming do. SUPERVISOR STEC-What was the principal and interest payment on that with the amount you’d be financing? MR. KASSEBAUM, President-Right now, it’s the total amount; we’re financing the total amount. SUPERVISOR STEC-An annual payment or whatever, do you have that available? MR. KASSEBAUM, President-I think our Treasurer, what was the annual payment we figured on? UNKNOWN, Treasurer-If I remember right, I think the annual payment is about ninety- seven thousand. SUPERVISOR STEC-Ninety-seven. MR. DUPREY, Chief-Yea, I believe that’s what it was. COUNCILMAN BOOR-Was there a discount available with any kind of a larger down payment? MR. KASSEBAUM, President-Yea, but the down payment that they were looking for at this point, was not going to make a huge difference in our percentage rate. MR. DUPREY, Chief-It was minimal Roger; we looked at that option as well. MR. KASSEBAUM, President-I mean, we looked at all the options as we have with the other engines as far as what would cost, it would save the most money in the long run and right now in the way that we would be doing it through a total financing, it’s just, it didn’t really make a difference that was going to show. So, fifteen years through Glens Falls National, that right now is the best offer we got. We went through the truck manufacturer; they couldn’t beat the percentage price that came up through Glens Falls. COUNCILMAN BOOR-Are you locked in at four? MR. KASSEBAUM, President-Once we sign up, yea, we pretty much, Glens Falls they’ve been very good with us, our last engine, Engine 315, once they’ve given us that number, they’ve never backed down from it. SUPERVISOR STEC-Any other questions? COUNCILMAN STROUGH-Well just, I know you guys have explained it to us, would you mind explaining the abilities of this particular ladder truck? MR. DUPREY-One of our concerns that we are faced with in our district that we have, our large portion of our district, a very large portion of it is in the commercial district. Regular Town Board Meeting, 09-12-2005, Mtg #40 730 Example being, six hundred and nine commercial businesses are in our district and the problem that we have now is with the setbacks. Not only the setbacks, taller buildings, I mean if we look at some of the construction that’s gone on in the Route 9 corridor, that’s self explanatory and some of the construction that’s proposed that the general population doesn’t see, fortunately we have the insight through the Town to have a heads up on the planning stage and what’s going into our district so we can prepare for it. This truck is a little bit larger then our other one, more maneuverable. What this truck will allow us to do is the last twenty foot section of it is what they call an articulating boom. If you look at a Niagara Mohawk truck, it’s similar to that. What that does, that allows us more capabilities as far as rescue. One of our primary concerns when we started specking out the truck, was the Great Escape, we’ve done ride evacuations up there in the past, maneuverability, able to get to the locations of the ride which some are very difficult and without actually physically taking our current truck down, setting it back up and moving it three or four times to accommodate removing all the victims from a certain ride, we decrease our evacuation time in half. It allows us more capabilities as far as the bucket option, with the bucket option we take and swivel in a forty-five degree angle right or left. The articulating aspect of it allows us to go over the top, underneath. Maneuverability, not even comparable to our current apparatus and with the manufacturing of this truck and the replacement schedule that we’re on, actually we’re actually two years over our replacement schedule as far as replacing the tower. That may be a good thing, with the opportunity for us to view this articulating truck. So, maneuverability wise, it’s a hundred percent better then what we currently have. Like I said, mentioned earlier, we did some road trips down to New Jersey, they currently operate one of these trucks, we had the opportunity to go up and actually physically work the truck. Knowing what we’re up against in our district, they had similar situations in theirs. We actually took the piece of apparatus out, set it up at the location and we were able to see how maneuverable it was as far as getting to certain places which we certainly wouldn’t be able to reach with our current truck. MR. KASSEBAUM, President-And the one point I think that needs to be reiterated that Joe touched on is, it’s been reported that this truck in letters have said that the truck was bought for the Great Escape. The truck is for the citizens and for the businesses of Queensbury. Joe has touched on a lot of the construction that’s gone on, has brought new challenges for us. It certainly is going to help the Great Escape as far as ride evacuations go, but first and foremost this truck is for the Town of Queensbury. It’s for Queensbury Central and it’s for the businesses and residents, it’s not just for the Great Escape. It’s going to, anything within that perimeter is going to be aided by this truck. COUNCILMAN STROUGH-And with mutual aid, like you say John will be able to use it throughout the town and the adjacent towns. MR. KASSEBAUM, President-Correct. MR. DUPREY, Chief-Absolutely. MR. KASSEBAUM, President-But there’s been a couple of things that it was just, we’re buying this truck for the Great Escape. COUNCILMAN STROUGH-Right. MR. KASSEBAUM, President-That’s one of the many reasons why the truck is being purchased. It’s being bought because of what’s going on within our district and within the Town. COUNCILMAN BOOR-John, I know that the previous truck you had I believe Mr. Wood purchased or greatly helped out with. MR. KASSEBAUM, President-Partly, he funded partly. COUNCILMAN BOOR-Has the Great Escape made any contact with you and inferred that they might help out? I have to believe that their insurance as a four story hotel is Regular Town Board Meeting, 09-12-2005, Mtg #40 731 greatly affected by the ability of this Town to protect them and maybe a little quid pro quo here might be appropriate. MR. KASSEBAUM, President-Six Flags had been approached, a letter had been sent. To this date, I don’t believe Joe have received, unless I’m wrong. MR. DUPREY, Chief-No, we address a letter to Mr. Collins at the Great Escape in soliciting, possibly soliciting some funding towards these piece of apparatus. We have yet to have a response from the Great Escape. COUNCILMAN BOOR-I think, I’m hoping that they will. I know that the Town is putting sixty-five thousand dollars worth of improvements at the Glen Lake Route 9 intersection and greatly to help them out. We’ve granted them Empire Zone status, I think that the Town has done a lot for them, so I’m hoping that they will see fit to reciprocate on this. MR. DUPREY, Chief-And I, honestly Roger, I could probably foresee that happening to be honest with you. COUNCILMAN BOOR-Good. SUPERVISOR STEC-Good. Any other Board Members right now or we can come back to Board Members. COUNCILMAN BREWER-I just have one little issue, it’s not a big issue but in the second page of the resolution, it just says the retired tower truck will be sold, last resolved, will be sold at fair market value and the proceeds will be used to reduce the amount of fire company debt. Can we just insert that that will go towards the new truck rather then any debt? SUPERVISOR STEC-The debt towards the COUNCILMAN BOOR-How about the debt with the greatest interest rate on it? SUPERVISOR STEC-The debt towards the greatest interest rate or the highest rate. MR. DUPREY, Chief-Yea, we would leave that in the hands of our Treasurer to COUNCILMAN BOOR-Well if we could put any bug in their ear, we’d like to reduce SUPERVISOR STEC-But it makes all the sense in the world that it should go against the highest interest. COUNCILMAN BREWER-Well didn’t they just refinance everything didn’t they? MR. DUPREY, Chief-We refinanced our building. MR. KASSEBAUM, President-The only thing that was done was our building, our building needed to be refinanced. COUNCILMAN BREWER-And you did that. MR. KASSEBAUM, President-Yes, we lowered the finance charges on that. COUNCILMAN BREWER-And you saved a lot of money by doing that. MR. KASSEBAUM, President-And we had discussed that this would go, if the monies for the sale of the current tower, there would be no penalty for any early payments. So, it will go to restructure. COUNCILMAN BREWER-So, you’ll apply it to the Regular Town Board Meeting, 09-12-2005, Mtg #40 732 MR. KASSEBAUM, President-Whatever we can do for it, absolutely. COUNCILMAN BREWER-Okay. SUPERVISOR STEC-Okay. At this point, I’ll open the public hearing and if there’s any members of the public that would like to express an opinion or ask any questions or ask for more information or concerns, just please come forward, state your name for the record and I’ll call on people that raise their hands. Anybody? MR. PLINEY TUCKER, 41 Division Road-Reading in the Post Star, the Fire Chief of Queensbury Central supposedly made the statement that to purchase this truck wouldn’t change the tax rate, is that true? SUPERVISOR STEC-Well, right now and Jennifer might be able to correct me if I’m wrong. For starters, the tax rate changes a great deal because of the reval but that’s a whole other issue. But I think, the way that I think the point was trying to be made was, in the negotiation process last year, the Town Board pressured, encouraged all three rescue squads, successfully all three rescue squads to eliminate the restricted vehicle fund from their annual contract amount. The wisdom of the Town Board at the time was that in that instance we were putting money away in a savings account for a future purchase and certainly for a rescue squad, an ambulance is a lot less expensive then a piece of apparatus like this. Similarly with the fire companies we made the same pitch, the same encouragement, after some protracted negotiations, some companies went along with what we were trying to do to a certain extent, some not as much. But what Central agreed to do is that they understood at the time that they were looking at better then ninety thousand dollars of principal and interest payment which is why I asked what that number might come in at and you know certainly, I can’t remember if they got sixty or ninety thousand in the restricted vehicle fund in the past but basically where we were coming from, is look, we’ve been putting this kind of money, similar kind of money to the mortgage payment in a restricted vehicle fund for years, and we’re going to be asked to finance almost an equal payment there, we basically negotiated the understanding with them that instead of continuing to give them the mortgage payment and a matching restricted vehicle fund that this new mortgage payment would replace the restricted vehicle fund. So, in the end, it’s approximately a wash that their contract amount for this purchase wouldn’t change as much because basically the color of the money would go from going into a restricted vehicle fund for future purchase into the debt for this purchase. So, I mean I don’t know if it works to the exact penny but its darn close that their operating budget is about five hundred and twenty or five hundred and forty thousand dollars and this purchase with that understanding would not change that. So, if the Chief said something similar that this won’t change the tax rate, you know I think that’s probably a fair statement. I don’t know if it works out exactly right but it’s darn close. MR. TUCKER-It won’t change it at the present moment. SUPERVISOR STEC-Correct. MR. TUCKER-But on down the road… SUPERVISOR STEC-Well I’m sure the Chief wasn’t trying to suggest, yea, right. MR. TUCKER-When they want to replace the Pumper because it’s fifteen years old and SUPERVISOR STEC-I’m sure that no one was trying to suggest that somehow this wasn’t going to cost a million dollars; it still costs a million dollars. MR.TUCKER-And you’re not going to pick it off a tree. COUNCILMAN BREWER-But at some time they have debt go away. MS. JENNIFER SWITZER, Budget Officer-No, but at the same time, you’re going to see a lot of debt in the fire companies in the next two to three years drop off. Regular Town Board Meeting, 09-12-2005, Mtg #40 733 SUPERVISOR STEC-Falling off, yea. MR. SWITZER, Budget Officer-You’re going to see a lot of the mortgages and a lot of the other trucks, so you’re going to see a swing from this, from debt going to other uses now. SUPERVISOR STEC-And Jennifer had done that analysis not solely for Central but if you look at the five companies as a whole, there is a great deal more debt falling off in the next few years then we would anticipate would be coming on. COUNCILMAN BOOR-Pliney, North Queensbury for example I think in two years, their mortgage is gone. COUNCILMAN BREWER-2007, right. SUPERVISOR STEC-They’re mortgage is paid for. I think South Queensbury is five or six years from their mortgage being paid for but besides those building mortgages, you do have several pieces of apparatus that are just about paid for. So, like I said, I think the net at the end here, you’re talking it’s going to be stable tax rates. So, it’s not like somebody is going to say, oh my God, the one point eight million dollars that the Town currently spends on fire contracts is going to jump to one point nine because of this, it turns out because of some other things that there won’t be an increase in the total contracts. And I’m not trying to say that it doesn’t cost a million dollars, it still costs a million dollars. MR. TUCKER-Yea, a million bucks is a lot of money and you’re spreading that out over, what fifteen years? SUPERVISOR STEC-Yea, that’s the life of the vehicle. MR. TUCKER-Any truth to the rumor that West Glens Falls and Bay Ridge are going to be in here next year looking for the same thing? SUPERVISOR STEC-I’ve heard the same rumors, I think that there’s some truth to one of those two looking to come in here. I haven’t heard anything about the other of those two in some time, so I don’t want to speak for any of the companies but I think that, I won’t be surprised if some time in the next twelve months, we have a similar kind of purchase to be asked to consider and whether or not the Board will act on that is COUNCILMAN BREWER-It will be a considerable amount less, I’ve been told. SUPERVISOR STEC-Yea, I don’t think that they’re looking at matching this piece but again, I don’t want to be speak for any of the other companies and they’re not here tonight so it wouldn’t be fair for me to speak to that. MR. TUCKER-Now, one more question. Why such a tower on such a truck, why does it got to be that size? SUPERVISOR STEC-That’s something, as we, when we’re done having the public makes some comments, that’s something that I would ask the Chief to explain and I’ll make sure that he answers that question after we take some more public comment. MR. TUCKER-I know we’ve had a lot of construction here and commercial construction in Queensbury Central’s district but these, all these buildings have sprinkler systems, they’re not like they used to be and you had to bring all the water with you, so. Okay. SUPERVISOR STEC-Alright, thanks Mr. Tucker. MR. TUCKER-You’re going to get him to SUPERVISOR STEC-Yes, I certainly will. Regular Town Board Meeting, 09-12-2005, Mtg #40 734 MR. TUCKER-Thank you. SUPERVISOR STEC-You’re welcome. Anyone else this evening, comment or question about this public hearing? Mr. Brower, good evening. MR. DENNIS BROWER-Good evening. I was a little late getting here this evening and I just wanted to ask what the proposal is for the current ladder truck that Central has? SUPERVISOR STEC-I’ll also make sure that they answer that, Dennis. Although it was my understanding that they were looking to sell it and then apply it and actually that was a question that Tim had asked in one of the resolves was that it says in the resolved that the money would go towards paying down debt. And then one of the questions was, well should it go against this debt or, and we were kind of saying it should go against whatever higher, you know higher then four percent, they’re going to borrow at four percent. But they explained to us that their intention was to sell this and I don’t know if you’re heading towards, what about using that truck elsewhere in the Town or not. MR. BROWER-Well, I wondered what the used value would be. I also wondered if there is, legitimately a need for an extra one for Bay Ridge, you’re not going to get a cheaper vehicle then a used ladder truck. SUPERVISOR STEC-Right, well I know that that crossed their minds, yea. MR. BROWER-And I remember we just repaired that a few years ago. SUPERVISOR STEC-This truck, the old truck, yea. MR. BROWER-The ladder truck they have that their replacing, it was down in Long Island, the hydraulics were an issue. SUPERVISOR STEC-Yea for a while, about twenty-five thousand or something. MR. BROWER-We put quite a bit of money toward that and they came in for a special request for that and it just seems like it was maybe three or four years ago tops. SUPERVISOR STEC-Right, well it was. MR. BROWER-So, I can’t imagine it’s in bad shape and I can’t imagine they’d be pulling that on a regular basis for regular drills, at least I hope it’s not being used that way. Thank you. SUPERVISOR STEC-Anything else? Alright, thank you Dennis. Anybody else this evening? Chief, why don’t we take that as an opportunity to answer those couple of questions a little bit. MR. DUPREY, Chief-Any particular order? SUPERVISOR STEC-Knock yourself out. MR. DUPREY, Chief-Okay. To address the comments on the last individual that was up here, we do pull that out on a regular basis to train, the truck, that only makes sense. It doesn’t make a whole lot of sense to have the truck and then SUPERVISOR STEC-Do you remember when that repair was done? It was about twenty-five thousand right? MR. DUPREY, Chief-We did that three years ago and that was, we came back to the Town for the lump sum of twenty-five thousand dollars and that was to repair the two hydraulic jacks on the truck itself and that was an unforeseen expenditure and part of the concern was negotiations prior to that year. We cut, we put our budget down to bare bones and that was obviously an unforeseen that we didn’t have planned for, otherwise Regular Town Board Meeting, 09-12-2005, Mtg #40 735 we wouldn’t have come back to the Town. But that was, Dennis was right, that was twenty-five thousand dollars and I think it was two maybe two and a half, three years ago now. SUPERVISOR STEC-Right, okay. MR. DUPREY, Chief-To Mr. Tucker, the reason for the hundred and thirty-four foot versus our current hundred foot if you will, the extra thirty-four foot, it does matter that the buildings are going taller now. Not that it’s so, not to the point that the buildings themselves but the setbacks, we can’t get up close to the building. One of the comments that I really wasn’t going to address but I feel obligated to do now was the one in the Post Star where we have a hundred and thirty-four foot truck; it’s going to go all the way to the top of the CNA Building. That works out well if you park the truck on the sidewalk or its front step going to CNA Building, doesn’t make a whole lot of sense when you really think about it. But for the person that’s not fire trained, that’s probably a good comment to make. Actually, if you look at the strategically placement of the truck, there’s a collapse zone you have to worry about. Pliney had mentioned that the buildings have sprinklers now. That certainly is true, a lot of the buildings are, some are still not, the older construction in the Town, its not. We have to also look at the construction of the buildings now, they’re lightweight constructions. A lot of the classes we attend now, and we do attend a number of classes both locally and out of state, they’re telling us now that roof truss construction the way it is now, is impingent upon from five to seven minutes with the lightweight trusses they’re using and the gusset plates. Five to seven minutes to me tells me, by the time I pull up on the scene, that’s questionable if I’m going to put anybody on that building and my main concern as the Fire Chief is to make sure that everyone that goes on a piece of apparatus comes back on an apparatus and if we can, by having this extra thirty-four foot allows me to take and do some maneuverability of some structural venting and so on and so forth rather then actually physically putting a firefighter on the roof, that’s all the better for me. So, that is the reason we went to a hundred and thirty-four footer. The setbacks now in the Town, I mean it’s quite obvious when you drive down Bay Road and look at the setbacks to get on one side of the building, that’s fine, you can pull up in the parking lot but if you have to get over on the other side of the building to do some type of fire activity on the other side of the building, from Bay Road to the building, you’re sixty feet away. So, you know, there’s a lot of things that go into consideration when we spec out this truck. It certainly wasn’t, let’s get the highest truck that we can possibly can because trust me, they make higher ones out there. We don’t have a justified need right now for our district. The hundred and thirty- four footer with our district we currently have and seeing what’s in the planning stages in the Town, I think will suit our district for a number of years. SUPERVISOR STEC-Before you go, I think you answered both questions and I’ll continue to look for public comment but I kind of answered a question that may have been about a quote that I think was attributed to you, it may have been John and maybe this is a more fair question for John or Chris but would you, did I fairly characterize what the game plan was as far as the restricted vehicle fund? MR. DUPREY, Chief-Absolutely. SUPERVISOR STEC-Alright, because I don’t want to put words in your mouth either, I don’t want you guys to go out there and say that guy, you know. MR. DUPREY, Chief-No, I would do that here Dan, I wouldn’t do it out in the hallway. SUPERVISOR STEC-Yea, sure. MR. DUPREY, Chief-But no, you’re right on target. The Town Board has the opportunity to see how we operate in the past and we continue to operate like that in the future, no question about it. SUPERVISOR STEC-Okay, any other public comment this evening on this? Mr. Tucker? Regular Town Board Meeting, 09-12-2005, Mtg #40 736 MR. TUCKER-I’ve got just one question. How many times have they been called to the Great Escape? SUPERVISOR STEC-How many times you’ve been called to the Great Escape? MR. TUCKER-You know, just a rough idea. I’ve heard all kinds of figures, I just wanted to ask. MR. DUPREY, Chief-That was another misquote I wasn’t going to get into but I will, Pliney, seeing how you mentioned that. The statement that I made to the Post Star was actually the number of ride evacuations that we had done, they’re actually times that we had gone in there with our truck and actually removed patriots from the ride itself. We go to the Great Escape on a daily basis for fire alarm activations of that type, Pliney where that truck is the second truck out of the station for any commercial fire alarm, that’s the second piece of apparatus out of the station. A couple of reasons, it’s not just a big tower, it’s not a big ladder like we have the misconception, that truck also carries ventilation, forcible entry tools, it has a number of smoke ejectors that we use for our large commercial buildings where we have to remove large quantities of smoke. So, every call that truck goes on is not going to be the glory call, the bells and whistles where you’re pulling people off and you’re going to see that on the news media and in the Post Star. We, last year, five hundred and fifty, around five hundred and fifty, five hundred fifty-two or five hundred fifty-six, I’m not sure what the exact figure is but five hundred and fifty fire calls actually last year where that truck stood the potential of being used. Was it used on all five hundred and fifty? Absolutely not. Did it stand the potential? Absolutely. MR. TUCKER-Did he answer my question? SUPERVISOR STEC-How many times have you taken, how many times have you used it to take people off the rides, off rides at the Great Escape? MR. TUCKER-How many times have they taken the ladder truck to the Great Escape? MR. DUPREY-I don’t know how many times I’ve gone to the Great Escape for fire alarms, fires, so on and so forth. If you’re asking me just for Great Escape, Pliney I can’t answer that, I’d have to research, I don’t have the exact number that we went to the Great Escape. MR. TUCKER-It isn’t something that happens every day is it? MR. DUPREY-Probably more often then you think. SUPERVISOR STEC-Anyone else this evening, public comment for this? Mr. Drellos. How are you doing, George? MR. GEORGE DRELLOS, 27 Fox Hollow Lane-On Pliney’s question, how many times was that vehicle actually used? Not how many times that it went because every fire station takes every vehicle they got to every call. How many times was that vehicle actually used? I need that number, I’d like that number. Now, do you have another one of these vehicles in the Town? SUPERVISOR STEC-Right now, well they’re, I’m sure they all are going to say they’re all a little different. COUNCILMAN BOOR-No, we don’t. We don’t, nobody has got one in the area, a hundred thirty-four feet with an articulating boom. SUPERVISOR STEC-Well, not one this size, I mean if you’re asking how many things that MR. DRELLOS-Well or close to it. What’s West Glens Falls got? Regular Town Board Meeting, 09-12-2005, Mtg #40 737 SUPERVISOR STEC-The one that they’re replacing at Central and then there’s a twenty- six year old one at West Glens Falls. MR. DRELLOS-How old is this one, Dan? SUPERVISOR STEC-Seventeen years. MR. DRELLOS-Seventeen and how old is the one at West Glens Falls? SUPERVISOR STEC-Twenty-six. MR. DRELLOS-Well, how come they’re getting there’s first? SUPERVISOR STEC-That’s a good question COUNCILMAN BOOR-Because they use it. SUPERVISOR STEC-I mean that’s a good question, I’ll have them answer it. MR. DRELLOS-We can’t share? We can’t share? What, are we one? What, West Glens Falls can’t go to the Great Escape? COUNCILMAN BOOR-There’s districts. Maybe they can answer that. MR. DRELLOS-So, I guess we’re all separate, we’re not a Town as one, we’re all separate then right, is what you’re saying. COUNCILMAN BOOR-No, no that’s what you’re saying. MR. DRELLOS-You can’t have my truck over here. SUPERVISOR STEC-No, I don’t think that’s, I’ll ask the Chief to answer that. I’ve got the gist of your question. MR. DRELLOS-Well, there’s a lot of questions, okay, like that. I haven’t heard too many good comments on buying a million dollar truck. And the other question is, why don’t you guys postpone this thing until after the election? I think there’s a lot of political ness in this, I think they put a lot of pressure on you. COUNCILMAN BOOR-They didn’t. MR. DRELLOS-I think they do, I think they do. SUPERVISOR STEC-I would disagree. COUNCILMAN BOOR-Well, they didn’t, this has nothing to do with MR. DRELLOS-I think they do, personally. COUNCILMAN BOOR-Well, I know you do but I can assure you we’ve been talking about this for years. COUNCILMAN STROUGH-George, trust me, the issues that we have, this is not a big one. COUNCILMAN BOOR-This is nothing. MR. DRELLOS-Well I understand, but you know what, to some people it is. Okay, to some people it is. How much is the new rescue squad going to cost in West Glens Falls? COUNCILMAN BOOR-We’re going to talk about that tonight, if you stick around. Regular Town Board Meeting, 09-12-2005, Mtg #40 738 SUPERVISOR STEC-We’re going to talk about that in a minute, tonight. MR. DRELLOS-Well, I’m just saying, you know there’s a lot more to it but have you looked at, like I said, all of the trucks, which ones are newer, which ones should we replace first? SUPERVISOR STEC-I’m just glad, I’m glad that there’s that many of them here witnessing you ask us these questions. COUNCILMAN BOOR-They have answers to every one of your questions. MR. DRELLOS-Well, you know what, I think in this Town people are sick and tired of it. I’m not afraid to say it, maybe you people are sitting up there, maybe you’ve got a, like I said, you’re a little scared. I’m not. They don’t want to come to 27 Fox Hollow Lane, they don’t have to, I don’t care. COUNCILMAN BOOR-Yea, they do have to. That’s what you need to understand. MR. DRELLOS-Okay, well then I’m just saying, if they, I don’t, I’m just saying. COUNCILMAN BOOR-They do have to. MR. DRELLOS-Alright. Then, you know, they’re not going to put the pressure on me to be scared. Alright, but those are questions you should be asking, have you looked at the whole Town as a wide? SUPERVISOR STEC-I assure you we do. MR. DRELLOS-You did? SUPERVISOR STEC-Yes. MR. DRELLOS-Then like I said, how come, just because West Glens Falls doesn’t use theirs as much, they don’t COUNCILMAN BOOR-I think they can give you really good answers if you want them to come back up. SUPERVISOR STEC-Yea, I’m going to let them answer your questions. MR. DRELLOS-And I’d like to know how many times that truck was actually used, actually used not on the site. SUPERVISOR STEC-Alright, thank you George. Anyone else this evening? Alright, Chief and Mr. President. MR. DUPREY, Chief-I’ll do my best to try and remember all those questions. SUPERVISOR STEC-I got the gist of them. MR. DUPREY, Chief-To answer the question why we don’t rely on West Glens Falls or some other neighboring department, number one, if you had the opportunity to go to the Great Escape and that’s just one, Target, these other places and look at the size of the truck that you need, if you were actually to do a study, as we have, you would find that West Glens Falls truck is, oh say twenty-five feet shorter then our current truck which really doesn’t serve the needs. I was trying to remember, what was one of the other? COUNCILMAN BOOR-How many times is it used? SUPERVISOR STEC-How many times have you actually COUNCILMAN TURNER-Used it. Regular Town Board Meeting, 09-12-2005, Mtg #40 739 MR. DUPREY, Chief-Have we used pieces of equipment, like I said, there’s a misconception out there that this truck is just a big ladder truck and all we do is just put it up and spray water. Well, that sort of isn’t true. SUPERVISOR STEC-Let me, how many of those five hundred and fifty fire calls did it roll on? MR. DUPREY, Chief-Actually that was our actual fire alarms, smoke conditions, those types of things. SUPERVISOR STEC-Right, but how many of those did this piece of apparatus roll out of the building? MR. DUPREY, Chief-I would probably say for the five hundred and fifty, probably three hundred, maybe a little less. SUPERVISOR STEC-So almost one a day, three hundred sixty-five days a year. MR. DUPREY, Chief-Yea, for the laymen we average between four to six calls a day. SUPERVISOR STEC-No, but I’m saying this piece of apparatus you said in a one year period it leaves the station on a non-drill situation about three hundred out of those five hundred and fifty. MR. DUPREY, Chief-That would be an estimate. That would be an estimate. SUPERVISOR STEC-Then, I think Pliney’s question is and you may not know but I think what he’s trying to get at is, how many times has this actually on a non-drill situation plucked people off a ride at the Great Escape? I think I remember the article; I just don’t want to quote the number for you. MR. DUPREY, Chief-I’m sorry, how many ride evacuations have we done? SUPERVISOR STEC-How many times have you needed to take, I mean, this is Pliney’s question but how many times has it taken, evacuated somebody from a ride? MR. DUPREY, Chief-I think we did five times but we’re concentrated on the Great Escape, this truck is not being bought SUPERVISOR STEC-Well, I know, I’m just, but that’s the question that he asked. MR. DUPREY, Chief-But that’s the question that I’m hearing, the Great Escape this, the Great Escape that. That’s just one, one avenue in which we’re going to be using this truck. I mean look at the commercial businesses that are in our district, then look at the insurance rating would be when you don’t have one of these trucks. That’s another situation. COUNCILMAN BOOR-That’s a good point I think, and you should mention MR. DUPREY, Chief-They don’t know that though Roger, they just like to come up here and say we’re spending a million dollars. COUNCILMAN BOOR-I know, I tried, I was at a meeting COUNCILMAN BREWER-Then I think what we should do, Joe COUNCILMAN BOOR-But I mean it’s an important point for the public to understand. MR. DUPRREY, Chief-Exactly Roger. COUNCILMAN BREWER-Is educate them. Regular Town Board Meeting, 09-12-2005, Mtg #40 740 SUPERVISOR STEC-I don’t want to make your argument for you but COUNCILMAN BOOR-Well, let them tell us. MR. DUPREY, Chief-That’s another consideration, you know the Town just did a study with the ISO and one of the speculations when the gentleman came in was, you know do you have a ladder truck? Yea, we do. How tall is it? Do you do your ladder testing every year? Is it certified? And so on and so forth, these are all things, factors that come into play. SUPERVISOR STEC-What does MMA say? Tell us what MMA is and what’s the last report that MMA said? MR. DUPREY, Chief-I actually have that with me and I’ll site it word for word. MR. KASSEBAUM, President-And a couple of the other comments, unfortunately we run into this more then not. People say, well there’s a lot of people that say they’re very unhappy about this truck and a lot of people don’t understand and the one thing that we’ve always tried to do is that, we’re taxpayers as well and there’s this always conception that somehow we put the squeeze on politicians or we do this and we do that and you get that everywhere, that’s not just here in the Town of Queensbury. You’re going to get that slight where ever. However, I have said on many occasions and I’ve said it to Town Board members that may take phone calls from angry constituents and people are going to ask questions when anytime that they think a purchase is out of bounds or they think it’s going to raise taxes, my home phone is published in the phone book, I have said to the Town Board members and to others that would ask, they can call my cell phone. I think Joe has put himself in the same situation. We’re more then happy to discuss this, have people look at the truck in the fire house, call us but yet we never get the phone calls. We’re more then open to talk about this and as far as the political season goes, we originally slated to replace this truck at an earlier date, due to contract negotiations; it was put off to at least get it on the table for 2005 because it’s going to be an eight to twelve month delivery time before it’s finished. I think the other misconception here is that we did this as part of the political season. The committee was formed many, many months ago and if we could have been here before the day before the Primary, great. We’re just looking at the fact that it’s an eight to twelve month lead time. It has nothing to do with primaries and I just think that that needs to be made. The gentleman up here, they can vote the way that they want to vote but I think the public thinks that we’re here to do it the day before the Primary on purpose, this is just where it fell. The bottom line is too, if you have a question and I can only speak for Queensbury Central but I think the other emergency services are the same way, ask us, there’s always somebody around the fire house, we’re more then happy to talk to the public because we are the public. COUNCILMAN STROUGH-And another thing is and I know you guys put hundredths of hours of training, service and thought about what are the best needs for the community. It has nothing to do with politics. MR. DUPREY, Chief-You’re a hundred percent right. COUNCILMAN STROUGH-In addition to that, something I almost never hear and you’ll probably be surprised, I had other people in other companies in our Town say this is a need in our Town. Okay, South Q, North Q, I heard other companies say this is right, Central needs it. I mean, and this is the assessment of these professionals from other companies. Usually you guys aren’t always in agreement about what company should get what equipment. MR. DUPREY, Chief-And that’s coming from someone John with an emergency service background, I would assume? COUNCILMAN STROUGH-Yes, yes it’s somebody Regular Town Board Meeting, 09-12-2005, Mtg #40 741 COUNCILMAN BOOR-The interesting thing is for the public and I don’t mean to interrupt but you know the public needs to understand that the way fire is setup now, all of you guys come in lobby for your budgets to get approved but, so for three other companies to come to me and say this ladder truck is absolutely necessary, they’re actually losing money in that big piece of pie because they understand that it’s appropriate that you get this truck. So, you know there’s always this notion out there that somehow people are profiting or there’s a power thing or there’s, you know it isn’t that. MR. DUPREY, Chief-One of many misconceptions. COUNCILMAN BOOR-It’s just not that. MR. KASSEBAUM, President-The last point I have before Joe gets the MMA study, for statement to be made and it’s been made in the past, in fifteen years at Queensbury Central I’ve heard it several times, one of the reasons why you come to a Town Board meeting is to speak your mind and that’s fine, everybody is allowed to speak their mind. You can make statements like, if I speak my mind and they don’t want to come to my house, that’s fine. First and foremost, Queensbury Central is a professional organization. I don’t care who you are, I don’t care what you’ve said at a meeting, this fire company responds to every call that we are toned out to and we will provide the utmost professional service each and every time regardless of who, what, why, when and where and if nothing else, I want that on the public record. SUPERVISOR STEC-Joe, do you have the answer to that question though? MR. DUPREY, Chief-Yea, Mr. Stec has asked me about the MMA study, this was a study that actually the Town paid for back in March in 96 and I don’t know who was the Town Supervisor at that point. SUPERVISOR STEC-Fred Champagne was. MR. DUPREY, Chief-Fred Champagne, okay Mr. Champagne. SUPERVISOR STEC-Who loves spending money. MR. DUPREY, Chief-Yea, and this was a part of the in-depth study that the Town had paid for was also incorporated a replacement schedule for the Town fire as well as the emergency EMS replacement schedule goes and if you were to look at the study, it tells Queensbury Central Tower 1 replacement year is 04 and projected price is one million eleven thousand ninety-three dollars. This is a study that was done back in 96. MR. KASSEBAUM, President-Projected at only eight thousand dollars less. MR. DUPREY, Chief-This tells us two things, either this guy that did the study in 96 is real smart or we’ve done a real good job in trying to keep down to where we needed the truck to be. SUPERVISOR STEC-Didn’t, does that report though say how many trucks of this nature should be in the Town? COUNCILMAN BOOR-Two. MR. DUPREY, Chief-It does. SUPERVISOR STEC-What is that number? COUNCILMAN BREWER-Well, why don’t you read that Joe so that everybody understands it. SUPERVISOR STEC-Yea, that’s what we’re waiting to hear. COUNCILMAN TURNER-Yea. Regular Town Board Meeting, 09-12-2005, Mtg #40 742 MR. DUPREY, Chief-It may not tell the general public what they want to hear. COUNCILMAN BOOR-How about just for your company? MR. DUPREY, Chief-It doesn’t mention anything in our company. It does mention providing; I’d have to actually look through it but I can tell you I read it from beginning to end, and it does not tell the general public what they may want to hear. It does tell you that you need at least one second aerial piece in the Town of Queensbury, perhaps a third. Again, this study was done in 96. Look at the growth that’s done in the Town since 96. SUPERVISOR STEC-We’ve had companies come, just not to interrupt too much, we’ve had companies come and point out that that study says we should have three of these and I’ve got to tell you all five of us have snarled at the companies that say that. MR. DUPREY, Chief-I think, strictly it’s my opinion alone but it would probably be a wise idea to make this public SUPERVISOR STEC-It is public. MR. DUPREY, Chief-So that they, residents of the Town can actually see it and read it and it may answer some of their questions and alleviate some of the comment that we’ve heard. COUNCILMAN STROUGH-And it was the last point I wanted to point out because you did bring it up Joe is the ISO rating. MR. DUPREY, Chief-ISO is a big factor. COUNCILMAN STROUGH-And the better our ISO rating because I asked this question, the better the insurance rates are, not so much are residents affected but by commercial enterprises, commerce, retail outfits, those are all affected by this, their rates go lower the better your ISO rating. MR. DUPREY, Chief-That’s correct. SUPERVISOR STEC-And just to add to what John just said, ISO is supposed to do this evaluation of our companies capabilities for the insurances purposes on a ten year basis. At my request last year, ISO which is an independent company, an insurance standards company came in an evaluated all five fire companies and it was eleven years since the last one so they did come in at my request, and all five fire companies in Queensbury either maintained or improved their ISO rating. I know that Central was a four and your still a four and given the kind of volume that you do, and that’s about and I’ve been told by several people COUNCILMAN BOOR-That’s as good as you can get for volunteer. SUPERVISOR STEC-not any Town residents that that’s about as good as a non-paid department and I hate saying paid in the same room as a dozen Queensbury Central firefighters but that rating of four is about as good as any volunteer organization can expect to get. So, I mean we’re good for ten more years so the good news is, is that we punched ISO ticket for ten years, we’re going to get ten more years of the lowest possible insurance rates for fire as possible. I mean a lot of work has gone into evaluating the five fire companies in this town, anyone that’s read the newspaper, we had a couple of guys here that have shouldered an extra burden in another company here this evening to improve things but we’ve been taking a very, very hard look. I think that, I won’t speak for anyone else but I’ll speak for myself, I’ve put an awful lot of effort making sure I know what I’m talking about with the fire companies. So, I know, I understand mutual aid, I understand the needs and the requirements, I understand what the MMA study says so, and I know that other Board members have put in similar, not to make an argument. But the other question I thought that I was hearing was you’ve got a seventeen, by the time this is replaced you’ve got a seventeen year old piece of apparatus versus, there’s another company out there and I’m not asking you to speak for the other company, but Regular Town Board Meeting, 09-12-2005, Mtg #40 743 the other company has a piece of apparatus of similar nature but certainly different capabilities, that’s significantly older, it’s twenty-six years older. The question I suppose could be why this one, not that one or why not wait another nine years or eight years on this one and I think you should answer that question, please. MR. DUPREY, Chief-As we do every time or every year or other every year or however it falls, we come to negotiations with the Town as far as our contracts and one of the biggest items is, you know what’s our replacement and we’ve held off on doing the tower. Like I say, this study here tells us to replace it in 04. It’s time to replace it. The amount of use the truck gets, whether, like I said earlier, it’s not all glory, it’s not the shots we had in the Post Star when we were in Hudson Falls or any of those glory shots but it does get used, it’s a variable, it’s a piece of apparatus that we need. ISO tells you that, anybody that comes in here that has any fire service background will tell you that you need a piece of, an aerial piece in our district the way the commercial business is. I think I said there’s six hundred and nine commercial businesses in our district alone. It’s time to replace the truck. SUPERVISOR STEC-Any other public comment or public input on this? Yes, sir. MR. DON KRUGER-I want to state categorically that I agree with the volunteer fire department, I think they all do a wonderful job. I agree that they need a tower, the only question I have is the methodology. I was in the concrete pumping business for twenty- five years, on a national basis with a concrete pumping operation, if each one of us had a different company in a different city, you could take five pieces of equipment, they go by meters and do any job commercially that you could do, they have maybe ten pieces that you can buy. One of them is a sixty-three meter pump which costs a million dollars. For a company to sit down and sign a contract to buy a million dollar piece of equipment, put it out on the street, five to six days a week and limited hours because you can’t travel it. For instance, that sixty-three meter pump you can not run in the State of New York on the New York Thruway because it would be illegal with the weight laws and the length and everything else. I don’t understand why a fire truck needs to be custom made on a one year contract, why it can’t be a generic. Every one of those pumps that I’m talking about would be put, built on a MR Mack. They work; they work because fleets use all of them. Why we can’t buy fire trucks on a state contract like they’re buying dump trucks for the Town, I own dump trucks and I can’t buy them for what the Town of Queensbury buys them for. I can’t buy a payloader for what the Town of Queensbury buys them for. SUPERVISOR STEC-I’ve got to tell you it breaks my heart to spend that kind of money on a dump truck but that’s a conversation for me and Rick Missita. MR. KRUGER-There’s, if I could buy a dump truck tomorrow for what the Town of Queensbury is paying at the highway department for, I’d buy it tomorrow. I’d love to match the deal but I can’t because it’s illegal in the State of New York. I don’t understand why we have to have custom made trucks, why five fire companies in one town has all different equipment, none of which can intermarry with the other. I’m sure they could learn how to use it but there’s not, everything all in the same spot so it’s user friendly from one company to the other to the other to the other. I don’t know why they can’t go with a state contract; have five pieces of equipment that it will do any fire company in the State of New York. I just think that, I remember the last pump that I bought for five hundred thousand dollars and I then the sleepless nights I had before I signed that contract and we’re talking about a million dollars, but we’re not talking, I want to make this clear, we’re not talking about one million dollar fire truck. We’re talking about five million because as sure as we’re all sitting here, everybody needed a new fire house; they’re all going to need a new million dollar truck. I just think that somehow they could shave that million dollar contract down. I think they ought to have it, I think we ought to have the safest and I think we have a wonderful fire company and I agree with the whole thing but I disagree with the amount of money that we’re spending for that equipment. I think we ought to look at it from a businesslike standpoint and I hope nobody gets insulted with what I just said. SUPERVISOR STEC-Thank you, Mr.Kruger. Regular Town Board Meeting, 09-12-2005, Mtg #40 744 COUNCILMAN BREWER-Not at all. SUPERVISOR STEC-Yup, not at all. Anyone else, public comment on this? Do you want to address the, as far as the methodology, of how you spec out a truck and are they available on state contract? MR. DUPREY, Chief-Yea, absolutely and no they’re not. SUPERVISOR STEC-I mean, it stands to reason that that makes some sense but MR. DUPREY, Chief-Absolutely. SUPERVISOR STEC-And I’m sure if it was available MR. DUPREY, Chief-If we can remember back in April when we sat in here to purchase another vehicle we looked at the option of going with state contract, that was a standard vehicle that we could get under state contract and we purchased under state contract and we’re still waiting for it under state contract, we haven’t received it yet so. It’s not a bad thing and trust me, if we could do this apparatus as the way the gentleman just explained, I’d be with you a hundred percent. SUPERVISOR STEC-Are they all custom then, I’m sorry Joe. MR. DUPREY, Chief-You have to. Though we are five fire companies in the Town of Queensbury, every one of our needs is unique. Example being, I have a hydrant every five hundred feet to a thousand feet in my district. When we go up to Bay Ridge and North Queensbury, now they’re running tankers, okay. So, they don’t need a hundred and thirty-four foot piece of, aerial piece because number one, you’ve got no water to supply to the truck with, their concern now is getting water. If you go over to some of the other districts, every district that we have in the Town five of them being are all unique in their needs. There is no set way where we can take and say, you know we’re going to pump five hundred yards of concrete today, and we’re going to pump five hundred yards of concrete tomorrow and one’s going to go on to the tenth floor and one’s going to go on to the twelve floor but everything is still the same. Well, fire service is very unique and I wish, trust me we tried, we got the truck down to the where we can work with the truck and still fulfill our needs. So, and I’m certainly not insulted by his comments, I actually am pleased. SUPERVISOR STEC-Okay, any other public comment on this public hearing tonight? Okay, I will close the public hearing. PUBLIC HEARING CLOSED 8:04 P.M. RESOLUTION APPROVING QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE TOWER TRUCK AND AUTHORIZING INCURRENCE OF DEBT FOR SUCH PURCHASE RESOLUTION NO.: 409, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection Regular Town Board Meeting, 09-12-2005, Mtg #40 745 services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it wishes to replace its 1989 tower truck with a new 134’ Tower Truck for a sum not to exceed $1,039,000 and that such purchase is already included in the scheduled Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, the Fire Company plans on paying for the Tower Truck by financing the truck with a tax-exempt loan over the estimated useful life of the Truck (15 years) at a rate to be determined, and th WHEREAS, on September 12, 2005, the Town Board held a public hearing concerning the Fire Company’s proposed Tower Truck purchase and tax-exempt financing and heard all interested persons, and WHEREAS, the Town Board feels that this new Tower Truck will provide additional, improved safety protection for the Town and therefore the Town Board wishes to adopt a Resolution authorizing the purchase of the Tower Truck and allowing incurrence of debt by the Fire Company, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Queensbury Central Volunteer Fire Company, Inc.’s proposal to purchase a new 134’ Tower Truck for a sum not to exceed $1,039,000 where such purchase is already included in the scheduled Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the incurrence of $1,039,000 in debt by the Queensbury Central Volunteer Fire Company, Inc. for such purchase with the understanding that the Town Board is relying upon the Fire Company’s assurances that the Tower Truck is serviceable and suitable for its long-term intended use, Regular Town Board Meeting, 09-12-2005, Mtg #40 746 BE IT FURTHER, RESOLVED, that the Fire Company’s retired tower truck will be sold or traded at fair market value and the proceeds will be used to reduce the amount of the Fire Company’s debt, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee the debt with the financial institution on behalf of the Fire Company nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 12 day of September, 2005 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None DISCUSSION BEFORE VOTE: COUNCILMAN BREWER-Just one question before we vote, I know the truck was mentioned Joe but how much did you approximate you might get for the old truck? MR. DUPREY, Chief-We’re looking between two hundred to three hundred thousand to recoup on that truck. COUNCILMAN BREWER-So, actually we’re talking about an eight hundred thousand dollar truck. SUPERVISOR STEC-The net cost over the trade-in, or over the sale. MR. DUPREY, Chief-And obviously as we stated earlier, that would go towards the largest debt that we have. (vote taken) PUBLIC HEARING CONCERNING PROPOSED INCREASE IN EXIT 18 CORRIDOR REALIGNMENT CAPITAL PROJECT NOTICE SHOWN 8:04 P.M. Regular Town Board Meeting, 09-12-2005, Mtg #40 747 MS. MARILYN RYBA, Executive Director-In conjunction with the Budget Officer, this amendment is being proposed to change the capital improvement plan project to add funds to the capital fund for the Main Street, Exit 18 Main Street project. There have been a number of purchase orders that have been approved in the past dealing with items such as continued work on looking at our underground utilities and some of the concerns and research we’ve had to do there as well as some other related work with the Exit 18 Main Street project. For example, hiring some consultants to work with us on the Connector Road project and Jennifer may have a few things to add but that’s all I have. MS. JENNIFER SWITZER, Budget Officer-Basically what we’re looking for tonight is this is a project that has progressively increased in additional work being done. The financing source was never recognized and much of what you’re seeing tonight is recognizing the financing source for the additional work that is being required for the Exit 18 Corridor. SUPERVISOR STEC-The summary here before I open the public hearing is that we’re going to increase the Capital Project by the amount of one hundred and twenty-three thousand nine hundred and sixty dollars for the Main Street project. Is that correct? MS. SWITZER, Budget Officer-That’s correct. SUPERVISOR STEC-Okay, I’ll open the public hearing, if there’s anybody that would like to ask any questions or make any comments regarding this public hearing, just raise your hand and come up to the microphone. MR. PLINEY TUCKER-Did I understand it correctly that the Connector Road is going to be done by the Highway Department? SUPERVISOR STEC-No. MR. TUCKER-No. It’s going out to bid, isn’t it? SUPERVISOR STEC-It’s going out to bid. MR. TUCKER-Okay, thank you. SUPERVISOR STEC-You’re welcome. Any other public comments on this public hearing? Any Town Board discussions that might stir public comment? COUNCILMAN STROUGH-Jen, I have one for you, a quick one. Now part of that hundred and twenty-three nine sixty, they’re going to transfer seventy thousand from the Queensbury Water Fund. COUNCILMAN BOOR-I don’t have to ask my question now. COUNCILMAN STROUGH-Was that the same question you had, Roger? COUNCILMAN BOOR-Yes. COUNCILMAN STROUGH-Can we do that? Doesn’t that belong to the district? MS. SWITZER, Budget Officer-No, what’s happening is because there will be water, there will be infrastructure there. When this was all originally proposed, some of the financing came from the general fund, some of it came from the water fund, some of it came from the sewer fund. So those additional funds that, those additional, the project costs that are related strictly to water, are being financed through water, are being financed through sewer and are being financed through the general fund or the CIP. SUPERVISOR STEC-Was that your question too, Roger? COUNCILMAN BOOR-Yes. Regular Town Board Meeting, 09-12-2005, Mtg #40 748 SUPERVISOR STEC-Okay, any other public comment on this public hearing? Okay, I’ll close the public hearing. PUBLIC HEARING CLOSED 8:08 P.M. RESOLUTION AUTHORIZING ESTABLISHMENT OF INCREASE IN EXIT 18 CORRIDOR REALIGNMENT CAPITAL PROJECT FUND #126 RESOLUTION NO.: 410, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board adopted the Town of Queensbury’s (revised) Capital Improvement Plan (CIP), which CIP included the Town’s proposed prioritized short and long-term Capital Projects, and WHEREAS, by Resolution No.: 482,2000, the Town Board authorized creation of the Exit 18 Corridor Realignment Project Capital Project Fund #126 and transferred into such Fund $100,000 from the 2000 General Fund Budget and by Resolution 251,2001 the Town Board authorized the transfer of $70,000 from Queensbury Water Fund #40, General Fund and the Contingency Account, and WHEREAS, the Town Board wishes to withdraw and expend additional moneys from the Capital Improvement Plan Reserve Account in the amount of $85,960 for additional services provided by Barton & Loguidice, P.C., Niagara Mohawk, Chazen Engineering & Land Surveying, P.C. that have been approved by previous Resolutions, and WHEREAS, the Executive Director of Community Development has requested additional funds to pay for underground utility coordination and other assistance with the Exit 18 Corridor Realignment Project Capital Project as outlined in a Memorandum by the Executive Director of Community Development to the Town Board dated June 13 and June 14, 2005, and WHEREAS, such additional costs shall not exceed the amount of $38,000 and are requested to be a part of the Exit 18 Corridor Realignment Project Capital Project and financed through the Capital Reserve Fund, and WHEREAS, in accordance with the CIP, the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP and the Town Board Regular Town Board Meeting, 09-12-2005, Mtg #40 749 th scheduled and duly held a public hearing on September 12, 2005 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the $123,960 increase in the Exit 18 Corridor Realignment Capital Project Fund #126, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be by funding through the Capital Improvement Plan, and BE IT FURTHER, RESOLVED, that the Town Board hereby increases appropriations and estimated revenues for Capital Project Fund #126 in the amount of $123,960, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to increase the following accounts for such appropriations and revenues as necessary: ? Revenue Account No. 126-0143-5031 – $123,960 ? Expense Account No. 126-1355-4400 – $123,960 and BE IT FURTHER, RESOLVED, that the Town Board 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 effectuate all terms of this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None Regular Town Board Meeting, 09-12-2005, Mtg #40 750 ABSENT : None PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY RUSSEL O’CONNOR AND JAMES O’CONNOR FROM LIGHT INDUSTRY (LI), WATERFRONT RESIDENTIAL – ONE ACRE (WR-1A) AND SUBURBAN RESIDENTIAL – ONE ACRE (SR-1A) TO MIXED USE (MU) NOTICE SHOWN 8:09 P.M. SUPERVISOR STEC-I’ll let Marilyn introduce this one. This is a very old, it was the Planning Board and the Town Board considered this rezoning back in July 2003, it was never acted on but it’s been dusted off again in essentially the identical form that it was in. Marilyn, do you have anything that you’d like to add? MS. RYBA, Executive Director-I would just like to note I did put up, or have Stuart put up the zoning map. This is a project off of Exit 18 Main Street primarily concerned with the Big Boom Road realignment. That realignment is needed to have a traffic signal at the intersection of Main Street, Big Boom Road and also the opposite intersection that will be created with the new Connector Road. So part of what had happened back in 2003 were discussions with property owners where the proposed Big Boom Road realignment would go and that discussion resulted in having a zone change. Zone change would go from some light industrial land, some suburban residential one acre and some waterfront residential one acre land to a mixed use zoning designation which would fit in with the Main Street, Exit 18 Main Street plan and it results, I think its going to be about twenty-three acres of land that is included in this proposal. SUPERVISOR STEC-Alright, Mr. Lapper, would you like to add anything before I open the public hearing? COUNSEL JON LAPPER-I think Marilyn summed it up very nicely. This has been pending for a while, the Planning Board looked at it, recommended it, the County Planning Board looked at it, recommended it and I know that this Board was very favorable about. The public hearing was left open and it just never got to a vote. At this point, with the Main Street project imminent obviously, as Marilyn said, it’s time that the Big Boom Road has to get relocated and part of this rezoning was the offer to dedicate to the Town the road bed for the relocation, that’s part of the property that the O’Connor’s own and that’s always been on the table as an offer to the Town. COUNCILMAN STROUGH-And that leads me to my first question. SUPERVISOR STEC-Go ahead. COUNCILMAN STROUGH-First of all, you know the whole concept ever since I was on the Planning Board, I think fits, it works, it’s a good plan, we’re lucky to have a landowner, it works for him, it works for us, everything works out well. The only thing is, as I read the resolution, I don’t see anything in there making the commitment on behalf of the landowner to convey that road bed to us. In other words, it is a commitment for us to rezone but I thought it was a quid pro quo. COUNSEL LAPPER-I think that’s only an oversight because it’s been so many years on behalf of whoever drafted the resolution. Certainly, that’s always been on the table and I would consent on behalf of the owners. COUNCILMAN BREWER-That’s how this ever, that’s how it began. COUNCILMAN STROUGH-Yea, but what I’m saying COUNSEL LAPPER-But John’s right, it ought to be a condition that the portion of the roadbed that’s owned by the O’Connor’s would be, everything up to the Mobil property would be conveyed. Regular Town Board Meeting, 09-12-2005, Mtg #40 751 SUPERVISOR STEC-Right. I think you just made the whereas, whereas the, do you want to say that again? Can you add that Bob? TOWN COUNSEL HAFNER-We certainly can add it. COUNSEL LAPPER-The portion of the roadbed owned by the O’Connor’s would be conveyed. TOWN COUNSEL HAFNER-Into the, because I think it is, that makes it more clear because that is exactly how we got to where we are tonight starting two years ago. COUNCILMAN STROUGH-And that roadbed is conceptually outlined in the conceptual subdivision plan for rezoning, CP-1. SUPERVISOR STEC-Is there a date on that? COUNCILMAN BREWER-Is that the official map, John? th COUNCILMAN STROUGH-It’s only conceptual, it’s all we have, it’s dated May 5, th 2002, its last revision was April 30, 2003. I just have some other minor comments when we catch up. COUNSEL LAPPER-I know that DOT is doing design work now, that’s now part of the Main Street project, so the exact location, if that changes because of final design drawings, that’s okay as well. MS. RYBA, Executive Director-Right, that’s what I was going to mention, it’s scheduled to be four hundred and sixty feet east of the current Big Boom Road and that conceptual map, I think I provided the Town Board members with an overlay and it is conceptual. I do have some final design plans that show the profiles and the engineering aspects of where this would go but even that is subject to some change but it’s closest that we have to date. COUNCILMAN STROUGH-Well I’m looking, all I’m looking for is, I know we may move it an inch or two or a foot or two one way or another but as long as I get a commitment from them that they are going to be legally obligated to give us what they promised to give us. And the other thing Marilyn is, did, I’m assuming by what you’re saying and reading in the lines that this four way intersection with Big Boom and the new Connector Road and traffic signal potentially is going to be incorporated into our Main Street scheme. MS. RYBA, Executive Director-It is already. COUNCILMAN STROUGH-Okay. Alright, and when you’ve got a minute, I’ve just got a comment, I don’t know how important it is but in the SEQRA, there’s just a few things in Part I, which is labeled 2 or 21, Part I of SEQRA, it says relocation of Big Bay Road. Isn’t it Big Boom? MS. RYBA, Executive Director-Big Boom, yes. SUPERVISOR STEC-That’s important. COUNCILMAN BOOR-Just while you’re on that because the other thing is, given that we don’t have the exact locations, I mean, I don’t think it’s a big deal but how do you do a negative SEQRA without really knowing exactly where this is going? MS. RYBA, Executive Director-Well, whenever we do a rezoning, rezonings don’t necessary include a plan, an exact plan, it’s based on, I mean sometimes you don’t even have a concept plan so it’s based on looking at all of the underlining information that we have. For example in our database Regular Town Board Meeting, 09-12-2005, Mtg #40 752 COUNCILMAN BOOR-Alright, I just wanted to make sure that we weren’t putting the cart before the horse. COUNCILMAN STROUGH-And Jon? COUNSEL LAPPER-Yes. COUNCILMAN STROUGH-Are we talking twenty-three acres or are we talking twenty- one point five? COUNSEL LAPPER-I think the whole property is twenty-three point five now, it will be smaller once the road is dedicated to the Town. COUNCILMAN STROUGH-Okay. COUNCILMAN BOOR-So that’s less the road? COUNSEL LAPPER-Yes. COUNCILMAN STROUGH-So that may account why I see different figures? COUNSEL LAPPER-Yes, I believe that’s the difference. SUPERVISOR STEC-Bob, do you have the whereas to read back to us? TOWN COUNSEL HAFNER-I was going to put in a resolved. SUPERVISOR STEC-Okay. TOWN COUNSEL HAFNER-And I’ll read it for you. Resolved, that the petitioners Russell O’Connor and James O’Connor agree as a condition of this rezoning to dedicate to the Town the real estate necessary for the relocated Big Boom Road and agree to provide such commitment in written form to the Town within two weeks of this resolution and prior to updating the official Town Zoning map. Just so that we get something in writing from you. COUNSEL LAPPER-Sure. SUPERVISOR STEC-Does that sound reasonable? COUNSEL LAPPER-Absolutely. COUNCILMAN BREWER-And that’s fine then. COUNCILMAN STROUGH-That’s fine, yea. SUPERVISOR STEC-Sound good to the Board? COUNCILMAN TURNER-Yea. SUPERVISOR STEC-Okay, I’ll open the public hearing on this proposed rezoning and if there’s any members of the public that would like to comment on this proposed rezoning at this public hearing, just raise your hand and I’ll call on you. Mr. Kruger. MR. DON KRUGER-Gentlemen, I’m Don Kruger and I own property within five hundred feet of Mr. O’Connor’s property there. We’re both under Light Industrial Zoning, we’ve each been marketing them a Light Industrial for over ten years with little or no bites on the land. His land would be far better mixed use as mine would. Light Industrial, I’m not allowed to put a motel on it, mine backs right up to the Northway there. I think for the town tax ratable, for the employment schedule, everything it would be far better to have a chain motel there then a warehouse. Now, I’m not going to be, either one of us are going to be able to market it for a warehouse because we’ve got to Regular Town Board Meeting, 09-12-2005, Mtg #40 753 compete with the City of Glens Falls, that’s a total other subject but I’m absolutely pro changing his zone because of the economic hardship it would create for him to keep paying taxes on land that’s unmarketable. COUNCILMAN BOOR-Don, how many acres is yours? MR. KRUGER-Mine is six acres and I’m from Big Boom back to the Northway, I own the only vacant piece of property. SUPERVISOR STEC-And Don, of course you should consider pursing the same. COUNCILMAN BOOR-Yea, I would SUPERVISOR STEC-Yea, because I agree with you, those two properties are very similar. MR. KRUGER-Oh, it’s, in my case, the best thing for the Town, for the employment, for tax rates, for everything, for my own pocketbook, for everything is for somebody to put a chain motel in there that would be visible from the Interstate. SUPERVISOR STEC-I’m guessing we could probably give you an answer in less time then two years. MR. KRUGER-Okay. Hey, great. SUPERVISOR STEC-This has been kicking around, no one’s been complaining. MR. KRUGER-I’ll be back next month, okay. SUPERVISOR STEC-Well, I don’t know if we’ll be that quick. MR. KRUGER-In all reality, it causes a hardship on a man, a man’s paying taxes on an unmarketable land. COUNCILMAN BREWER-Right. SUPERVISOR STEC-Yea. MR. KRUGER-I mean, I tried with mine, I paid Tom Nace to split it into three pieces because that was going to make it more marketable, according to a real estate agent. The only thing it did was take my taxes from twenty-eight hundred to sixty-eight hundred dollars. But that’s okay, Tim it’s in your ward but I haven’t chewed you out about it. I know you’ve got no control. COUNCILMAN BREWER-I didn’t have anything to do with it, Don. MR. KRUGER-You have no control over Queensbury School, I know that sir. COUNCILMAN BREWER-A lot of people don’t understand that though. MR. KRUGER-Anyway, that’s my point of it gentlemen. COUNCILMAN BOOR-Don, could you point out for me which one it is on here, yours. SUPERVISOR STEC-Yea, please. MR. KRUGER-This right here. This is me, these three pieces together. COUNCILMAN BOOR-Alright thanks. That way if you come back, I’ll know ahead of time about what we’re talking about. COUNCILMAN BREWER-It’s the only other Light Industrial right. Regular Town Board Meeting, 09-12-2005, Mtg #40 754 MR. KRUGER-The only other question I had was does anybody have any knowledge as to where they want to make the entry and egress to the southbound exit of the Interstate, Exit 18? SUPERVISOR STEC-The southbound exit? MR. KRUGER-They’re talking about relocating that, right now, it’s on the west side of Carl R’s. SUPERVISOR STEC-Right. MR. KRUGER-They were talking about making entry and exit onto Big Boom Road. SUPERVISOR STEC-On the northbound, on the northbound direction. COUNCILMAN BOOR-Southbound. MR. KRUGER-No. COUNCILMAN BOOR-Southbound. MR. KRUGER-On the southbound. UNKNOWN-No it’s northbound. MR. KRUGER-Okay, it’s northbound. Okay, you’re on northbound and you’re getting off, right now you get off by Carl R’s you come down by Joe Ramsey’s but they were talking about realigning that onto Big Boom Road. COUNCILMAN BREWER-I think the conversation as I remember is that, that was a few years ago and I don’t think there’s anything in writing Don, was to have an exit come off up past your property onto Big Boom and then eventually come out onto the new Connector Road. Am I right Marilyn? That was talked three, four years ago. MS. RYBA, Executive Director-That was discussed but there hasn’t been any action on that. COUNCILMAN BREWER-No, I think the State wouldn’t act on that probably for another MS. RYBA, Executive Director-It would be a while, there are a lot of projects in the pipeline and that’s COUNCILMAN BREWER-Five years, seven years. MR. KRUGER-I think we can all agree pinning the State down is like nailing jelly to a wall. Good night gentlemen. SUPERVISOR STEC-Thank you Mr. Kruger. Mr. Brower. MR. BROWER, 35 Algonquin Drive-Thank you. I thoroughly support the change in zone. As most of the Board Members know, this is consistent with a vision the Town Board supported some years ago with the realignment of Big Boom Road, the Connector Road going to Luzerne and a proposed Northway, new Northway Exit Ramp further south then where it is currently which would enable improved traffic flow, improve safety, and certainly the O’Connor’s are to be congratulated I think for buying into the plan. I think the Town and the Planning Department particularly and our engineers should also be congratulated for the efforts they’ve made to make economic sense out of this change so that it would not only benefit the current landowners but it would benefit the Town and the community in general and it’s a good thing for Queensbury and I’m Regular Town Board Meeting, 09-12-2005, Mtg #40 755 quite certain the Board will support it fully and I think that’s the proper thing to do. Thank you. SUPERVISOR STEC-Thank you, Dennis. Anyone else want to comment on this public hearing? Yes, sir. UNKNOWN – spoke regarding the possibility of combining his two parcels into one parcel, not about the opened public hearing for the proposed rezoning, Supervisor Stec recommended that he see the Town Assessor, that she will be able to help him with that process. PUBLIC HEARING CLOSED 8:24 P.M. MS. RYBA, Executive Director led the Town Board through the following: FULL ENVIRONMENTAL ASSESSMENT FORM, PART II IMPACT ON LAND NO 1. Will the proposed action result in physical change to the project site: Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table is less than 3 feet. construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more then 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction or expansion of a sanitary landfill. Construction in a designated floodway. Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, NO dunes, geological formations, etc.) Specific land forms: IMPACT ON WATER NO 3. Will proposed action affect any water body designated as protected? Examples that would apply Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body Regular Town Board Meeting, 09-12-2005, Mtg #40 756 Construction in a designated freshwater or tidal wetland. Other impacts: NO 4. Will proposed action affect any non-protected existing or new body of water? Examples that would apply A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: NO 5. Will proposed action affect surface or groundwater quality or quantity? Examples that would apply Proposed action will require a discharge permit. Proposed action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed action would use water in excess of 20,000 gallons per day. Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed action will allow residential uses in areas without water and/or sewer services. Proposed action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts:. NO 6. Will proposed action alter drainage flow or patterns, or surface water runoff? Examples that would apply Proposed action would change flood water flows. Proposed action may cause substantial erosion. Regular Town Board Meeting, 09-12-2005, Mtg #40 757 Proposed action is incompatible with existing drainage patterns. Proposed action will allow development in a designated floodway. Other impacts: IMPACT ON AIR NO 7. Will proposed action affect air quality? Examples that would apply Proposed action will induce 1,000 or more vehicle trips in any given hour. Proposed action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMPACT ON PLANTS AND ANIMALS NO 8. Will proposed action affect any threatened or endangered species? Examples that would apply Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: NO 9. Will proposed action substantially affect non-threatened or non-endangered species? Examples that would apply Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES NO 10. Will the proposed action affect agricultural land resources? Examples that would apply Regular Town Board Meeting, 09-12-2005, Mtg #40 758 The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) Other impacts: IMPACT ON AESTHETIC RESOURCES NO 11. Will proposed action affect aesthetic resources? Examples that would apply Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOCIAL RESOURCES 12. Will proposed action impact any site or structure of historic, pre-historic or NO paleontological importance? Examples that would apply Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed action affect the quantity or quality of existing or future open spaces or NO recreational opportunities? Examples that would apply Regular Town Board Meeting, 09-12-2005, Mtg #40 759 The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical NO environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14 (g)? List the environmental characteristics that caused the designation of the CEA. IMPACT ON TRANSPORTATION NO 15. Will there be an effect to existing transportation systems? Examples that would apply Alteration of present patterns of movement of people and/or goods. Proposed action will result in major traffic problems. Other impacts: IMPACT ON ENERGY NO 16. Will proposed action affect the community's sources of fuel or energy supply? Examples that would apply Proposed action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR IMPACTS 17.Will there be objectionable odors, noise, or vibration as a result of the proposed NO action? Examples that would apply Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed action will remove natural barriers that would act as a noise screen. Other impacts: IMPACT ON PUBLIC HEALTH NO 18. Will proposed action affect public health and safety? Regular Town Board Meeting, 09-12-2005, Mtg #40 760 Examples that would apply Proposed action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD NO 19. Will proposed action affect the character of the existing community? Examples that would apply The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed action will set an important precedent for future projects. Proposed action will create or eliminate employment. Other impacts: 20.Is there, or is there likely to be, public controversy related to potential adverse NO environmental impacts? MS. RYBA, Executive Director read through the following staff notes: 1. What need is being met by the proposed change in zone or new zone? The applicant desires the development potential of light industrial and residential zoned property for conversion to commercial property. The Town desires the use of a portion of these lands for road realignment. 2. What existing zones, if any, can meet the stated need? The Mixed Use (MU) Zone allows a variety of commercial and residential uses including single and multi-family dwellings, banks, convenience stores, day care centers, Regular Town Board Meeting, 09-12-2005, Mtg #40 761 galleries, motels, offices, parking garage facilities, personal service businesses, professional offices, restaurants, retail businesses, seasonal produce businesses, health facilities, cemeteries, schools, places of worship, and public or semi-public buildings. Gasoline stations are allowed only through the Special Use Permit review process. Other zones contain many of these uses, but are more intensive, containing additional commercial uses, and also may not be compatible with residential uses and associated service needs. 3. How is the proposed zone compatible with adjacent zones? Adjacent zones include MU, LI, SR-1A, and WR-1A. The MU zone can provide a transition between the LI and residential zones. 4. What physical characteristics of the site are suitable to the proposed zone? Physical characteristics of the site are indicated on the Long Form EAF and are suitable as indicated. No substantiating information has been submitted as part of the plan (e.g. topography, soils characteristics, etc.). A GIS search indicates no wetlands are located on site. 5. How will the proposed zone affect public facilities? Public Utilities; Sewer/Water The parcels to be rezoned are located within the Queensbury Consolidated Water District. A portion of the property is to be located within the proposed West Queensbury Sewer District. The sewer facilities are anticipated to be constructed as a component of the highway improvements planned for ‘04/’05, but we know that that’s gone beyond that time. Transportation; Highways/Traffic/Circulation No general traffic generation information has been submitted by the applicant. It’s anticipated that the potential trip generation rates will increase as a result of the mixed- use zone designation. The realignment of the Big Boom Road (as proposed) was included as a recommendation of Corinth Road Corridor Management Plan prepared as a precursor to the Main Street highway improvements under design. And of course I would mention, add on here that we have numerous studies about the traffic and the actual Main Street alignment with the Connector Road and with Big Boom Road and the traffic signal is to alleviate traffic concerns so that’s the reason for this project. Schools/Emergency Services/Town Facilities Additional commercial development will not directly add to the school population. Impacts on emergency services are not known. 6. Why is the current zone classification not appropriate for the property in question? Light industrial zoned property on this site amounts to 3.79 acres, less than one- quarter of the total acreage proposed for rezoning. The remainder is SR-1A and WR-1A. The parcel has not been developed for light industrial purposes nor for residential uses, despite the immediate proximity to the Northway. The publicly owned Veteran’s Field Industrial Park has been promoted for industrial activities, necessitating the Big Boom Road realignment. And that’s, as I said earlier, along with the proposed Connector Road. 7.What are the environmental impacts of the proposed change? A full EAF has been prepared for review. Much of this report was prepared back in 2003 and at that time it said, there should be traffic impacts addressed. However, we’ve had numerous studies since then that do address what the traffic impacts will be and the traffic signal there and the realignment are proposed to help alleviate from the traffic concerns along Main Street. Regular Town Board Meeting, 09-12-2005, Mtg #40 762 8. How is the proposal compatible with the relevant portions of the Comprehensive Land Use Master Plan? In addition to comments noted above, MU districts should be aesthetically pleasing and have safe pedestrian circulation. And I would add a comment here as well, that the Mixed Use District is also under the design guidelines so that would be part of what would be incorporated here. 9. How are the wider interests of the Community being served by this proposal? The rezoning may stimulate investment in Main Street resulting in a positive impact on the redevelopment of the Main Street corridor. Realignment of Big Boom Road is a stated goal of the Town and will have a positive impact on traffic conditions. RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY RUSSELL O’CONNOR AND JAMES O’CONNOR LOCATED ON BIG BOOM ROAD FROM LIGHT INDUSTRY (LI), WATERFRONT RESIDENTIAL – ONE ACRE (WR-1A) AND SUBURBAN RESIDENTIAL – ONE ACRE (SR-1A) TO MIXED USE (MU) RESOLUTION NO.: 411, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is considering a request by Russell O’Connor and James O’Connor to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.’s: 309.14-1-86 and 309.14-1-89 located on Big Boom Road, Queensbury from Light Industry (LI), Waterfront Residential – One Acre (WR-1A) and Suburban Residential – One Acre (SR-1A) to Mixed Use (MU), and nd WHEREAS, on or about July 22, 2003, the Queensbury Planning Board considered the proposed rezoning and adopted a Resolution consenting to the Queensbury Town Board being designated Lead Agency for the proposed rezoning and recommended approval of the rezoning, and th WHEREAS, on or about July 9, 2003the Warren County Planning Board considered and approved the proposed rezoning, and Regular Town Board Meeting, 09-12-2005, Mtg #40 763 WHEREAS, the Town Board duly conducted public hearings concerning the thth proposed rezoning on August 18 and September 8, 2003 and the hearing was left open, and WHEREAS, the Town Board agreed that it was in the public interest to re-advertise and continue the public hearing prior to acting on the petition, and so the Town Board th conducted another public hearing on September 12, 2005, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone property owned by Russell O’Connor and James O’Connor bearing Tax Map No.’s: 309.14-1-86 and 309.14-1-89 located on Big Boom Road, Queensbury from Light Industry (LI), Waterfront Residential – One Acre (WR-1A) and Suburban Residential – One Acre (SR-1A) to Mixed Use (MU), and BE IT FURTHER, RESOLVED, that the petitioners, Russell O’Connor and James O’Connor agree as a condition of this rezoning to dedicate to the Town the real estate necessary for the relocated Big Boom Road and agree to provide such commitment in written form to the Town of Queensbury within two weeks of this resolution and prior to updating the official Town Zoning Map, and BE IT FURTHER, Regular Town Board Meeting, 09-12-2005, Mtg #40 764 RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to forward a copy of this Resolution to the Town’s Zoning Administrator to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance and Town Law §265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk’s Office. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None CORRESPONDENCE DEPUTY TOWN CLERK BARBER noted that Executive Director of Community Development filed a building permit comparison report of July 2004 and July 2005 with the Town Clerk. INTRODUCTION OF RESOLUTIONS FROM THE FLOOR – NONE OPEN FORUM 8:35 P.M. MR. CHESTER SOUTH, 29 Parkview Avenue-Spoke to the Town Board requesting that a four way stop sign be placed on Parkview South and on Parkview North. We have Regular Town Board Meeting, 09-12-2005, Mtg #40 765 numerous children that come from Jerome, Lyndon, Bullard that travel to the Kensington Road School. There are hedgerows that obscure Park Place when you’re going south and a couple of big Maple Trees that obscure the vision on Park Place East. We also have numerous runners from the local YMCA, they run at all hours of the day and numerous folks with bicycles and it would hate to see an accident occur with the traffic that is on Park View Avenue, there’s an awful of cars that go through there every day. So, I would ask this Town Board to consider my comments and try to make it far more safe for the residents of Queensbury. MR. DENNIS BROWER-I didn’t want to miss this opportunity first of all thank and secondly congratulate Ralph VanDusen on his potential retirement this Friday. I’ve got to tell you as having been in your seat Mr. Stec, he was an invaluable resource for the four years I was there and more then willing to educate people and I just want to publicly think Ralph VanDusen for his dedicated service to the Town of Queensbury and to his staff and to the Town Boards he served under for thirty-three years. I wish him well in his retirement and hope he enjoys the hell out of it. Of course he doesn’t leave us stranded, he was wise in selecting Bruce Ostrander and Mike Shaw and Chris Harrington as individuals that were capable and willing to lead their staffs come up to the plate and be able to replace him for the future. Ralph, I certainly wish you well… SUPERVISOR STEC-Dennis, I’d just like to add that I also echo your sentiments; I’m sure everyone on this Town Board, on your Town Board do… The succession planning that occurred I think worked wonderfully… MR. GEORGE DRELLOS-Referred to the ISO insurance and questioned if the Town had not purchased this truck, what would have been the difference? SUPERVISOR STEC-There’s a scoring system, would have been lower, they were barely a four, I can tell you they weren’t a solid four. They could have been a five. MR. DRELLOS-Questioned the difference in money. SUPERVISOR STEC-That’s between an insurance company and the person that uses them. MR. DRELLOS-Referred to Resolution 7.2 regarding the West Glens Falls new Squad Building and questioned the projected costs. SUPERVISOR STEC-Not to exceed one point seven million dollars. MR. DRELLOS-Questioned the number of ambulances. SUPERVISOR STEC-They now have two ambulances. MR. DRELLOS-Noted that he’s noticed Empire Ambulance around Town quite a bit and questioned why. COUNCILMAN BOOR-If we don’t respond within a certain amount of time, they have the ability and authorization to pick up clients. SUPERVISOR STEC-The facts are that those calls have gone down because of the bill- for-service which we have paid staff on five days a week now in three rescue squad companies. MR. DRELLOS-Questioned where the rescue squad is going. SUPERVISOR STEC-They’re going on the north end of the Connector Road. MR. DRELLOS-Referred to Resolution 7.9 regarding the Crandall Library and questioned whether the Town Board has the power to not put that on the ballot. SUPERVISOR STEC-It’s my understanding that we do not and yet we have to vote on it. Regular Town Board Meeting, 09-12-2005, Mtg #40 766 TOWN COUNSEL HAFNER-The library district was formed by State Statute, it has provision in there that says that you guys have to put it on each municipalities budget, each of the boards, the City Council, the Moreau Town Board and the Queensbury Town Board. It says you’ll put it on, you have to vote to pass a resolution to do so but that’s how it gets to be on the ballot. MR. DON KRUGER-I think we have a great many things in our area… I think the only thing we’re really lacking is vision. I see Adirondack Community College as a wonderful two year school and for the life of me, for the last thirty years, I don’t know why we didn’t make if a four year school and I think one of the things that would help that is if we had a library… I think we ought to take the money that we’ve put into Crandall Library and give it to ACC somehow and let the educators make a library for the people of the Town of Queensbury to use… They’re insistent on building and it’s our money and I say get us out of that thing before it goes… Get ACC expanded to where our children can go to college in Town and not have to commute to parts all over the world. I think we should have a little vision in this matter, and before we sign a thirty year contract to expand Crandall Library… Please get us out of Crandall Library. MR. PETE BROTHERS, Ward 1-Noted that he requested information from the Town of Queensbury Assessor’s Office regarding the comparable sheets that were given for each parcel owner during the revaluation and was denied that information. I was told that they were exempt, interagency materials and were not public under the FOIL requirements. I feel that’s nonsense and am requesting that information be released to me… TOWN COUNSEL HAFNER-Before you answer, this was a question that was asked of Counsel, we responded to the Town Clerk and Town Assessor and I would think that this isn’t something that you wouldn’t want to answer tonight, you might want to talk to Helen and assure yourself that the answer they gave was the appropriate one. COUNCILMAN BOOR-One of the concerns that I’ve had is, we spent three hundred and I guess a little bit of additional for appraisal consultants and one of the troubling things, apparently what we purchased we don’t really have on a disk because it keeps getting overwritten every time something changes. So in a strange way it’s odd that we could buy a product and yet not have it. I think in the future certainly when we buy something we ought to be able to analyze what we purchased, not have it edited repeatedly as each property owner comes forward… MR. STEVE THETFORD, 26 Pasco Avenue-Spoke to the Town Board regarding an unsafe and unhealthy neighborhood, speeding cars, junk yard problems, items wash down onto his property need storm water management nothing is getting resolved…noted town code states that the Board needs to review the letter from Building and Codes regarding the junk yards before licenses are renewed. MR. PLINEY TUCKER, 41 Division Road-Referred to Resolution 7.10 appointing Christopher Harrington, Civil Engineer and questioned his duties. COUNCILMAN BOOR-He’s an engineer already with the Water Department and as Ralph is leaving, he’s going to be moving up to replace Bruce who is moving up to Ralph’s position. MR. TUCKER-Referred to Resolution 7.9 regarding Crandall Library and questioned what the figures are. SUPERVISOR STEC-Noted that the figures are in resolution, the budget for Crandall Library is at two million, three hundred and fifty-seven thousand nine hundred and eleven and Queensbury’s share is eight hundred and eleven thousand, a hundred eighty-six and the bonding, up to thirty years through the City of Glens Falls IDA. This needs to go before all the voters in Moreau, Queensbury and Glens Falls and it needs to pass in all three. Regular Town Board Meeting, 09-12-2005, Mtg #40 767 MR. TUCKER-Questioned again the number of trips that the fire department stated that they go to the Great Escape. SUPERVISOR STEC-I believe they stated five times. COUNCILMAN BREWER-Was that this year? MR. TUCKER-I was told five times in ten years. COUNCILMAN STROUGH-I would hate to think if it was more frequent then that, I wouldn’t ride the rides. MR. TUCKER-Referred to the dispatch situation in Glens Falls and noted, if the city thinks they’ll be saving two hundred thousand dollars by using the county, what will the county be saving? SUPERVISOR STEC-Noted that he’ll clarify what he knows under Town Board Discussions. OPEN FORUM CLOSED TOWN BOARD DISCUSSIONS 9:00 P.M. SUPERVISOR STEC-Referred to discussions regarding the Glens Falls dispatching being taken over by the County and noted that this will have to be reviewed by the Shared Services Committee which is a newly formed committee, and that someone from the City needs to bring this to the County for consideration. The County is in the middle of their budget preparations, but certainly in the near future if they want the County to consider the financial impact of this proposed consolidation, they need to look at it. I know that the Sheriff mentioned last year, he could accommodate this request, he doesn’t think that it’s a significant impact on his operation or on his budget. But it wouldn’t save the County money but it certainly won’t cost us the kind of money that it will save Glens Falls. So, I think the County would like the City to get this done but I’m not aware that it’s been discussed at all lately at the County… Thanked TV-8 and Glens Falls National Bank for sponsoring and televising the Town Board Meetings…. Would like to point out the Town of Queensbury’s first class website, www.queensbury.net, there’s all kinds of information available on our website… Announced the Public Hearing on the Petition for East Lake George Village formation scheduled at the North Queensbury Fire House th on State Route 9L at 7 p.m. on Wednesday September 14 and the purpose of that hearing is statutory in nature and is geared towards the validity of the petition… Reminded everyone of the Primary being held tomorrow and the polls are open from noon to 9 p.m…. COUNCILMAN BOOR-Referred to the meeting scheduled for the proposed East Lake George Village Petition and noted that he has been meeting with many of the individuals who are in favor of the formation of the village. Certainly there’s issues that need to be addressed. I’m not sure that the village is the right way to go, I think a lot of it has to do with the reval and the exorbitant amount of taxes people pay. I would just caution the Board, we need to remember that it’s only two percent of the population that’s paying twenty-four percent of the taxes. Yes, it would be bad for the Town and maybe bad for the village, but they do have some legitimate concerns about what they pay and I’m hoping that regardless of the outcome of Wednesday’s meeting that we do keep a dialogue open. I’d like to focus on the effects of the reval and what can we do as a Board with regards to pressuring or at least letting our Senator and our Assemblywoman know that this is something that’s state wide, it’s not just here, certainly we feel it because we have such a discrepancy relative to property values but something needs to be addressed and I’m hoping we can put together a letter. SUPERVISOR STEC-Roger and I did discuss this and that is one of the things that we can do, is bring some pressure to bear to the powers that be that have authority to make the changes. Bob, I think this might even be beyond a letter but an out and out Town Regular Town Board Meeting, 09-12-2005, Mtg #40 768 Board Resolution that could get also forwarded to the County and as Chairman of the Inter-County Legislative Committee of the Adirondacks, an eleven county group, I’d be happy to bring that up to that Board as well. If certainly we don’t ask we won’t get anything, so I think as far as the property tax system in the State which I’ve been right up front from the beginning, I don’t make any defense of that system or it’s fairness at all, just like everyone else, we’re given a set of rules to try live by, we don’t write the rules, somebody in Albany writes them. So that maybe something that Queensbury could take a leadership role on, from our experiences of what we’re having here, that I agree with Roger, that there maybe several other options that could be considered. So, Bob and Jennifer, to give you a heads up, I think that’s something that we want to ask for, for somebody to figure out an alternative and come up with a better plan… COUNCILMAN BOOR-Certainly other states have been creative and affectively helping those that would be greatly over burdened. COUNCILMAN STROUGH-Noted that he’s still keeping track of the Cable TV Industry. There’s a lot happening in this field and most recently, FCC Chairman Kevin Martin has noticed a little notice provision in the 1992 Cable Act that might allow you’re regional Bells to get involved in the TV Industry. The Cable Industry is crying foul but the regional Bells is crying Internet TV. I think that the cable TV companies need some competition, I think there’s a serious problem when you’re paying fifty dollars a month for cable, five years ago it used to cost twenty-five and you’re getting the same thing. So, I am investigating ways of trying to get your cable bill down. RESOLUTIONS 9:10 P.M. RESOLUTION AUTHORIZING ACCEPTANCE OF PROPERTY FROM QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO.: 412, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has for many years contracted for the Queensbury Economic Development Corporation (QEDC) to provide economic development services to the Town of Queensbury, and WHEREAS, the Queensbury Town Board has determined that the proposed Connector Road between Main Street and Luzerne Road is an infrastructure improvement that will provide economic benefit to the Town as part of the Exit 18/Main Street Corridor improvements, and WHEREAS, as part of such Connector Road Project and Main Street Project, and as part of providing emergency medical services to the Town, the Town Board plans to Regular Town Board Meeting, 09-12-2005, Mtg #40 769 construct a park and ride facility and exchange certain property for the current West Glens Falls Emergency Medical Squad, Inc., property on Main Street, and WHEREAS, QEDC has agreed to transfer 3.3 acres of property located on Luzerne Road adjacent to the proposed Connector Road, and WHEREAS, the Town Board wishes to accept such property, and WHEREAS, QEDC has provided a proposed Warranty Deed for such property in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the transfer of the 3.3 acre parcel referenced in this Resolution contingent upon confirmation of title, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and Executive Director of Community Development to take such other and further action as may be necessary to effectuate the terms of this Resolution including the purchase of title insurance for the portion of the property the Town will own for its park and ride facilities, and execute any and all documents necessary to complete this transaction, including, without limitation, any agreement in form acceptable to Town Counsel, Deed, Real Property Transfer Report and Capital Gains Affidavit. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Stec, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Boor (Councilman Boor briefly left meeting room after introduction of resolution and prior to vote) RESOLUTION SETTING PUBLIC HEARING TO CONSIDER WEST GLENS FALLS EMERGENCY SQUAD, INC.’S CONSTRUCTION OF NEW SQUAD BUILDING RESOLUTION NO.: 413, 2005 Regular Town Board Meeting, 09-12-2005, Mtg #40 770 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. have entered into an Agreement for emergency services (services), which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has presented to the Town Board a proposal to construct a new Squad building on the west side of Luzerne Road in the Town of Queensbury for a principal amount not to exceed $1.7 million and proposes to finance the construction project by acquiring a mortgage, and WHEREAS, the Squad is in negotiations for a financing agreement for the amount of $1.7 million for 20 years at a at a rate to be determined, and WHEREAS, the Town Board has determined that it is in the best interest of the Squad and Town residents to conduct a public hearing concerning the proposed construction project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing on th September 26, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to consider approval of the West Glens Falls Emergency Squad, Inc.’s, proposed construction of a new Squad building on the west side of Luzerne Road in the Town of Queensbury for a principal amount not to exceed $1.7 million, and a corresponding amendment to theAgreement between the Town and the Squad, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish a Notice of Hearing in The Post-Star as required by statute, and BE IT FURTHER, RESOLVED, that after the public hearing, the Town Board will consider adoption of a Resolution approving the Squad’s incurrence of financial obligations for the Regular Town Board Meeting, 09-12-2005, Mtg #40 771 construction of the Squad building with the understanding that the Town shall not, by the adoption of any Resolution, create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for such financing and a corresponding amendment to the Agreement between the Town and the Squad. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None (Councilman Boor returned to meeting during introduction and discussion of resolution) RESOLUTION SETTING PUBLIC HEARING ON CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2006 RESOLUTION NO.: 414, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2006 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th September 26, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2006 Central Queensbury Quaker Road Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor Regular Town Board Meeting, 09-12-2005, Mtg #40 772 NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2006 RESOLUTION NO.: 415, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Route 9 Sewer District Benefit Tax Roll for 2006 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th September 26, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2006 Route 9 Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2006 RESOLUTION NO.: 416, 2005 Regular Town Board Meeting, 09-12-2005, Mtg #40 773 INTRODUCED BY: MR. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2006 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th September 26, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2006 South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None (Councilman Brewer briefly left meeting) RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2005 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136 “SEWERS AND SEWAGE DISPOSAL” ARTICLE VIII, “USE OF PUBLIC SEWERS REQUIRED” RESOLUTION NO.: 417, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2005 to amend Queensbury Town Code Chapter 136 entitled “Sewers and Sewage Regular Town Board Meeting, 09-12-2005, Mtg #40 774 Disposal,” Article VIII, “Use of Public Sewers Required,” to clarify provisions concerning requirements to connect to the Town of Queensbury public sanitary sewer district(s), and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th September 26, 2005 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2005, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2005 in the manner provided by law. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION SETTING HEARING ON DONNA SUTTON’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING THE “VILLAGE COLLECTION” PROPERTY LOCATED AT 1046 STATE ROUTE 9 RESOLUTION NO.: 418, 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 Regular Town Board Meeting, 09-12-2005, Mtg #40 775 sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Donna Sutton (Mrs. Sutton) has applied to the Local Board of Health § one-yearextension for a variance/waiver from 136-44 for a of the Town’s connection requirements to connect the Village Collection property to the Town of Queensbury’s Route th 9 Sewer District, as Mrs. Sutton just purchased this property on August 18, 2005 and the property currently has a properly functioning one-person facility in the building for employee use only, making water usage very minimal, and a one year extension would enable Mrs. Sutton to complete all work necessary to the connect the property to the Sewer th District, as more fully delineated in Mrs. Sutton’s August 19, 2005 application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold th a hearing on September 26, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Donna Sutton’s sewer connection variance/waiver Village Collectionproperty1048 State Route 9 application concerning the located at , Queensbury (Tax Map No.’s: 296.9-1-12 and 13), 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 Donna Sutton as required by law. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer RESOLUTION SETTING HEARING ON MARK MOSKOWITZ D.D.S.’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1092 STATE ROUTE 9 RESOLUTION NO.: 419, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION Regular Town Board Meeting, 09-12-2005, Mtg #40 776 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, Mark Moskowitz, DDS has applied to the Local Board of Health for a § one-year extension variance/waiver from 136-44 for a of the Town’s connection requirements to connect his property to the Town of Queensbury’s Route 9 Sewer District as he is unable to obtain a contractor by the Town’s deadline, as set forth in Dr. Moskowitz’ th August 24, 2005 application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold th a hearing on September 26, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Mark Moskowitz DDS’ sewer connection 1092 State Route 9 variance/waiver application concerning his property located at , Queensbury (Tax Map No.: 296.9-1-7.3), 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 Dr. Moskowitz as required by law. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Brewer DISCUSSION BEFORE VOTE: COUNCILMAN STROUGH questioned the length of extension? TOWN COUNSEL HAFNER-Noted that the Board has the authority to give a two year extension. SUPERVISOR STEC recommended a one-year extension and Councilman Strough and Councilman Turner agreed… (vote taken) Regular Town Board Meeting, 09-12-2005, Mtg #40 777 RESOLUTION AUTHORIZING PLACEMENT OF PROPOSITIONS ON BALLOT REGARDING CRANDALL PUBLIC LIBRARY DISTRICT RESOLUTION NO.: 420, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Laws of 1992, Chapter 456 authorized the establishment of the Crandall Public Library District for the City of Glens Falls in Warren County, the Town of Moreau in Saratoga County and the Town of Queensbury in Warren County, and WHEREAS, this legislation provides and the Board of Trustees of Crandall Public Library has authorized that the propositions relating to the Crandall Public Library District th be placed on the ballot at the General Election to be held on November 8, 2005, and WHEREAS, the propositions to be determined are as follows: 1.Whether the annual budget for 2006 as proposed by the Board of Trustees of the Crandall Public Library shall be approved or disapproved; 2.The election of one (1) trustee from the Town of Queensbury to the Crandall Public Library District Board; 3.Whether the Crandall Public Library District shall be authorized to levy and collect according to law, for a term of up to 30 years, a real property tax in the municipalities comprising the District in the amount necessary to pay the debt service on a borrowing through the City of Glens Falls Industrial Development Agency of up to $12,875,000 to finance renovation of the District’s existing building? and WHEREAS, the Crandall Public Library Board of Trustees has requested that the Town of Queensbury adopt a Resolution authorizing placement of these propositions on the th ballot of the November 8, 2005 General Election for the voters' approval or disapproval, NOW, THEREFORE, BE IT Regular Town Board Meeting, 09-12-2005, Mtg #40 778 RESOLVED, that the Town of Queensbury approves and authorizes the following three (3) propositions pertaining to the Crandall Public Library District and requests that they be placed on the ballot in all Town of Queensbury voting locations on the General th Election Day, Tuesday, November 8, 2005: [1] BUDGET The proposed 2006 budget of the Crandall Public Library District is $2,357,911.00 to be partially funded by the municipalities comprising the District. The share of the proposed budget to be raised by an ad valorem assessment upon the real property within the Town of Queensbury is $811,186.00. Shall the proposed budget be approved? [2] TRUSTEES TO BE ELECTED For one (1) vacancy upon the Board of Trustees of the Crandall Public Library District representing the Town of Queensbury to serve a term of five (5) years. Vote for one : Susan Putnam [3] LIBRARY RENOVATION PROJECT The Crandall Public Library District proposes to renovate the District’s existing library building and to levy and collect, according to law, for a term of up to 30 years, a real property tax in the municipalities comprising the District in the amount necessary to pay the debt service on a borrowing through the City of Glens Falls Industrial Development Agency of up to $12,875,000 to finance such renovation. Shall such renovation and real property tax be approved? and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to transmit a certified copy of the text of the propositions to the Warren County Board of Elections or other appropriate officials and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None Regular Town Board Meeting, 09-12-2005, Mtg #40 779 (Councilman Brewer returned to meeting room prior to vote) DISCUSSION BEFORE VOTE: (Mr. Ben Pratt, Trustee and Ms. Kathy Naftaly, Librarian were present representing Crandall Library) MR. PRATT-If there are any questions or comments, we would be happy to address those. The only thing I would like to say if I may, obviously the Town of Queensbury back when the district was created thought it was a very wise thing to do, to join the district and as you can see from the numbers tonight, Queensbury’s share of the annual budget is roughly eight hundred thousand dollars of a two million four hundred thousand dollar operating budget. It’s roughly a third, in that and in addition Queensbury has by far, the heaviest usage, the most population both respect to its families and its children with respect to the library. It’s a wonderful institution and we appreciate all the support that we’ve gotten over the years from you folks. SUPERVISOR STEC-It is a wonderful institution. You pointed out the numbers, historically myself, I always recall that we were roughly in the past fifty percent and the other two were twenty-five and twenty-five, roughly. This is a third, what’s different? MR. PRATT-You have to look at the total budget, and the total budget is, the library is financed not just by municipal contributions. Of the municipal contributions, you folks pay the largest share and that’s based on the formula in the statute which is a complicated formula using library cards, usage, population, all those things but when you look at the overall funding of the library, the library as a result of its endowment, as a result of the grants it receives and as a result of the other funding it gets, is able to provide services that far exceed what each municipality could provide in and of itself. And that’s why overall, the bang for the buck is so great and you for paying roughly a third of the total operating costs of the library, you get the best library in northern New York. COUNCILMAN BOOR-If I could ask one question. One of my concerns is, like I said I like the architecture, the looks of the building and I get nervous when we bond without really enough money to do what the project calls for so, what assurances do we have that we aren’t going to end up with T-111 siding on this thing? MR. PRATT-Our advisers tell us that in this community, we can expect to raise probably more then we have expected to raise. Like you, I’m always skeptical until I actually see what is going to happen and we have just begun at this time, the heavy fundraising activities that we’re going to proceed with during the period of time that the library is going to be developed and constructed. There’s a substantial period of time between the time, this November when we hope the bond issue is approved to the time when the bonds are actually sold and the project moves ahead. There will have to be additional construction drawings, there will have to be a bidding process, there’s a whole variety of things that have to be done and we anticipate that during that period of time we are going to be able to put together the package that will be necessary. If not, then we’ll deal with that and obviously we will deal with it in consultation with all of the municipalities because obviously that will be very important but it’s our intention to raise the money. COUNCILMAN BOOR-One more question, let’s assume that all three municipalities approve this and that different demographics with regard to each community changed and let’s say that Queensbury becomes ninety percent user three years from now, do we pick up that larger portion of this twelve, at any given point in time? MR. PRATT-The payment of the bond is an operating expense of the library so the annual payment for the bond will be included in the annual operating expense of the library and the municipalities will pay their proportionate shares. (vote taken) Regular Town Board Meeting, 09-12-2005, Mtg #40 780 RESOLUTION APPOINTING CHRISTOPHER HARRINGTON AS CIVIL ENGINEER ON PERMANENT BASIS RESOLUTION NO.: 421, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 423.2004 the Queensbury Town Board established the position of Civil Engineer in the Town’s Water Department and appointed Christopher Harrington to such position subject to Mr. Harrington’s successful completion of the Civil Service exam for the position and a six (6) month probation period, and WHEREAS, the Warren County Department of Personnel and Civil Service has advised that Mr. Harrington successfully passed the Warren County Civil Service exam for the position, and WHEREAS, the Town’s Water Superintendent has advised that Mr. Harrington has successfully completed his six (6) month probation period and therefore has recommended that the Town Board appoint Mr. Harrington on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Christopher th Harrington to the position of Civil Engineer on a permanent basis effective September 13, 2005, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Budget Officer to complete any forms necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of September, 2005 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None Regular Town Board Meeting, 09-12-2005, Mtg #40 781 RESOLUTION APPOINTING DIANE VON BRAUN AS DEPUTY COURT CLERK RESOLUTION NO.: 422, 2005 INTRODUCED BY : Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, by Resolution No.: 163, 2003, the Queensbury Town Board clarified and confirmed the Queensbury Town Court positions as follows: 1.Court Clerk to Justice Michael Muller; 2.Court Clerk to Justice Robert McNally; 3.Court Clerk (to serve needs of Court); and 4.Deputy Court Clerk; WHEREAS, one of the Court Clerks recently submitted her resignation and as a result of position changes following that resignation, the Town Justices wish to appoint an individual to fill the vacant position of Deputy Court Clerk, and WHEREAS, the Town Court Clerks and/or Town Justices advertised for the anticipated, vacant position, reviewed resumes, interviewed interested candidates and the Town Justices now wish to make the appointment of Diane VonBraun to fill the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town Justices’ appointment of Diane VonBraun as Deputy Court Clerk, a Grade 4 Non-Union position on the Town of Queensbury’s Salary Structure for 2005, and BE IT FURTHER, RESOLVED, that Ms. VonBraun shall be paid an annual salary of $23,999, and BE IT FURTHER, th RESOLVED, that this appointment shall be effective August 30, 2005 and shall be subject to a six month probation period, completion of the required Oath of Office and satisfactory completion of a pre-employment physical, and BE IT FURTHER, Regular Town Board Meeting, 09-12-2005, Mtg #40 782 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Budget Officer and/or Town Justice(s) to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF JON PELLINO AS FULL-TIME LABORER FOR DEPARTMENT OF BUILDING AND GROUNDS RESOLUTION NO.: 423, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Facilities Manager has advised the Town Board that a full-time laborer position is vacant in the Department of Building and Grounds, and WHEREAS, the Facilities Manager posted availability for the vacant position, reviewed resumes, applications, interviewed interested candidates and has made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Facilities Manager to hire Jon Pellino as a full-time Laborer working for the Department of Building and Grounds subject to an eight (8) month probationary period and the passing of a pre-employment physical, and BE IT FURTHER, RESOLVED, that Mr. Pellino shall be paid the hourly rate of pay listed for the Laborer position in the current CSEA Contract, and BE IT FURTHER, Regular Town Board Meeting, 09-12-2005, Mtg #40 783 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor , Facilities Manager and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of September, 2005 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF TEMPORARY EMPLOYEE IN TOWN COMMUNITY DEVELOPMENT DEPARTMENT RESOLUTION NO.: 424, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town’s Executive Director of Community Development has advised that one of the office employees in the Community Development Department will thth be out of work from September 26 through October 14 and therefore the Executive Director has requested the employment of a temporary employee to work in the Community Development Department during such time, and WHEREAS, the Town Board has considered the Executive Director’s request and agrees that such temporary employment is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Executive Director of Community Development to hire a temporary employee to work in the th Community Development Department from approximately September 26 through October th 14, and BE IT FURTHER, RESOLVED, that payment for such temporary employment services shall be paid by the Town of Queensbury directly to Heber Associates (or other temporary employee service) from Account No.: 001-3620-1070, and Regular Town Board Meeting, 09-12-2005, Mtg #40 784 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs 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 12 day of September, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING 5K ROAD RACE - ADIRONDACK RUNNERS V. BATTENKILL ROAD RUNNERS CLUB RESOLUTION NO.: 425, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury Town Board to conduct a 5K race/competition between the Adirondack Runners and The Battenkill Road Runners Club of Arlington, Vermont as follows: SPONSOR : Adirondack Runners EVENT : 5K Run/Competition Between Adirondack Runners and The Battenkill Road Runners Club th DATE : Saturday, November 5, 2005 TIME : 10:00 a.m. PLACE : Commencing at Oneida Community Church, around Lake Sunnyside and down Old Bay Road around the Bay Ridge Firehouse (Letter concerning Race and its course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Runners to conduct a 5K race/competition between Regular Town Board Meeting, 09-12-2005, Mtg #40 785 the Adirondack Runners and The Battenkill Road Runners Club of Arlington, Vermont th within the Town of Queensbury on Saturday, November 5, 2005, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event 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 event, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION OF SUPPORT AND CONCURRENCE WITH WARREN COUNTY EMPIRE ZONE RESOLUTION NO.: 426, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, New York State has created the Economic Development Zone program to encourage industrial and commercial development in selected municipalities across the State, and WHEREAS, Warren County, as an eligible municipality, received designation of an Empire Zone made up of sub-zones including portions of the City of Glens Falls, Town of Queensbury, Town of Lake George, Town of Warrensburg, Town of Chester, Town of Johnsburg, Town of Bolton, Town of Horicon, Town of Lake Luzerne and the Town of Thurman, and WHEREAS, the Town of Queensbury is committed to the development of new business within the proposed sub-zone, and Regular Town Board Meeting, 09-12-2005, Mtg #40 786 WHEREAS, the Town Board wishes to support and concur with the Empire Zone revision application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, in its capacity as governing body of the Town of Queensbury, does hereby support and concur with the Warren County Empire Zone revision application to include: ? The addition of 20.56 acres to include tax parcel number: 309.5-1-3.1 ? The addition of 2.81 acres to include tax parcel number: 297.8-1-26 ? The addition of 1.62 acres to include tax parcel number: 297.8-1-25 ? The addition of 1.23 acres to include tax parcel number: 296.19-1-3 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to inform the Warren County Board of Supervisors of this action and take any and all actions necessary to effect this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT : None DISCUSSION BEFORE VOTE: SUPERVISOR STEC-This is what we were presented with several months ago. MS. RYBA, Executive Director-This is what you were presented with one addition to a property next to the one that was presented in the Warren Washington Industrial Park, or actually the Adirondack Industrial Park. COUNCILMAN BREWER-The only difference is now that that one particular parcel is split into two pieces now so there’s a different tax map number. MS. RYBA, Executive Director-The parcel that is the Adirondack Sports Complex parcel that was subdivided. However, because all of the, these are 2004 and changes actually so we have to follow the old parcel information but for 2005, the tax map shows two pieces but we have to just use the old, the 2004 tax map number on it and that’s the Drellos property, the Adirondack Sports Complex or the Miller dome property as it’s known. COUNCILMAN STROUGH-But year after year after year, we’ve asked that the Marie and whoever come and talk to us before this resolution comes before us so that if we have any questions, you know like I see tax map numbers. Regular Town Board Meeting, 09-12-2005, Mtg #40 787 COUNCILMAN BOOR-Just so we know, I don’t have a problem with anything on here but once again, it would just be nice to hear where this is coming from that this is identical even though it’s not quite identical. COUNCILMAN STROUGH-And what I’m talking about is not tax map numbers, I want to know who, where, what is the enterprise and it doesn’t tell me what benefits that we’re gaining as a community from giving them those tax breaks and such with the Empire Zoning. What are we getting that we wouldn’t have gotten otherwise? COUNCILMAN BOOR-I mean its fine, I don’t have a problem with it but here again, a little communication would go a long way. SUPERVISOR STEC-I will be delighted to communicate that to Warren County EDC. (vote taken) RESOLUTION AUTHORIZING INCREASE IN CAPITAL PROJECT FUND #151 FOR DESIGN AND CONSTRUCTION OF CURBS AND SIDEWALKS RESOLUTION NO.: 427, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 348,2005, the Queensbury Town Board authorized the establishment of Capital Project Fund #151 for the Design and Construction of Curbs and Sidewalks on Fort Amherst Road and Sidewalk Repairs in the Broadacres Neighborhood and established funding in the amount of $123,597.30, and WHEREAS, an additional 505± linear feet of curbing needs to be constructed in such area at a cost not to exceed $9,950, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the construction of the additional 505± linear feet of curbing as set forth above in an amount not to exceed $9,950, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such additional work shall be by a transfer from Sidewalk Capital Construction Account No.: 001-5410-2899 to Transfer to Capital Project Account No.: 001-9950-9040 to the Sidewalk Capital Project Fund #151, and Regular Town Board Meeting, 09-12-2005, Mtg #40 788 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 take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT : None RESOLUTION AMENDING 2005 BUDGET TO INCREASE APPROPRIATIONS AND AMEND FUND BALANCE REGARDING MOTOR EQUIPMENT OPERATOR RESOLUTION NO.: 428, 2005 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury Highway Department’s 2005 original Budget mistakenly did not include a Motor Equipment Operator, and WHEREAS, the Highway Department has sufficient surplus fund balances and has met New York State Comptroller's requirements for the appropriation of fund balance during the fiscal year, and WHEREAS, the Town Board wishes to increase appropriations and appropriated fund balance in the Highway Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and directs that the 2005 Budget be amended by increasing appropriations and increase Regular Town Board Meeting, 09-12-2005, Mtg #40 789 Appropriated Fund Balance in the Highway Department – Motor Equipment Operator Account No.: 004-5110-1450 in the amount of $30,630, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town's Budget Officer to make any necessary adjustments, transfers, or prepare any necessary documentation to effectuate the terms of this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AMENDING 2005 BUDGET TO INCREASE APPROPRIATIONS AND AMEND FUND BALANCE – HIGHWAY FUEL COSTS RESOLUTION NO.: 429, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury Highway Department has incurred fuel costs greater than originally budgeted for due to the continued increase in fuel prices, and WHEREAS, the Highway Fund has sufficient surplus fund balances and has met New York State Comptroller's requirements for the appropriation of fund balance during the fiscal year, and WHEREAS, the Town Board wishes to increase appropriations and appropriated fund balance in the Highway Fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and directs that the 2005 Budget be amended by increasing appropriations and increase Regular Town Board Meeting, 09-12-2005, Mtg #40 790 Appropriated Fund Balance in the Highway Fund – Fuel for Vehicles - 004-5130-4410 in the amount of $30,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to make any necessary adjustments, transfers, or prepare any necessary documentation to effectuate the terms of this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner (Councilman Turner briefly left meeting after introduction of resolution and prior to vote) RESOLUTION AUTHORIZING TRANSFER OF FUNDS TO COVER COSTS OF MONITORING AND MAINTAINING CLOSED LANDFILL RESOLUTION NO.: 430, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Budget Officer has advised the Town Board that a transfer is needed in the amount of $28,510 from the Landfill Reserve Fund #63 to the Transfer Station Operating Fund #910 for the years 2001 to 2004 to cover the costs of monitoring and maintaining the closed Town landfill, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the transfer of $28,510 in funds from the Landfill Reserve Fund #63 to the Transfer Station Operating Fund #910 to cover the costs of monitoring and maintaining the closed Town Landfill, and BE IT FURTHER, Regular Town Board Meeting, 09-12-2005, Mtg #40 791 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to transfer funds and amend the 2005 Town Budget accordingly and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Strough NOES : None ABSENT: Mr. Turner RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BID FOR ROUTE 9 PEDESTRIAN LIGHTING INSTALLATION RESOLUTION NO.: 431, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No. 137, 2005 the Queensbury Town Board authorized engagement of C.T. Male Associates, P.C. for engineering services related to the Route 9 Pedestrian Lighting Installation Project ( Project), and WHEREAS, C.T. Male prepared bid documents and specifications to advertise for bids for the Project, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town’s bid documents and specifications, and WHEREAS, the Town Purchasing Agent and C.T. Male duly followed the proper procedures for bidding such work on behalf of the Town, and st WHEREAS, on August 31, 2005, the Purchasing Agent duly received and opened all bids, and WHEREAS, C.T. Male and the Purchasing Agent have recommended that the Town Board authorize awarding of the bid to the lowest responsible bidder, LaCORTE $, Companies, Inc., for an amount not to exceed 38,000 NOW, THEREFORE, BE IT Regular Town Board Meeting, 09-12-2005, Mtg #40 792 RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the Route 9 Pedestrian Lighting Installation Project ( Project) from the lowest $, responsible bidder, LaCORTE Companies, Inc., for an amount not to exceed 38,000 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Contract between the Town and LaCORTE Companies, Inc., in form acceptable to the Town Supervisor, Budget Officer and Town Counsel, and BE IT FURTHER, RESOLVED, that upon completion of work, the Town Board further authorizes payment for these services with such amounts to be paid from Account No.: 136-5182- 4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None (Councilman Turner returned to meeting during discussion of previous resolution and prior to vote) RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BID FOR WATER MAIN REPLACEMENT PROJECT IN MEADOW LANE AREA RESOLUTION NO.: 432, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer Regular Town Board Meeting, 09-12-2005, Mtg #40 793 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 ( Project), and WHEREAS, by Resolution No.: 349,2005, the Town Board authorized such Project, and WHEREAS, C.T. Male prepared bid documents and specifications to advertise for bids for the improvements authorized by Resolution No. 349,2005, such work to include, among other things, installation of 5,900 LF of 8-inch water main along with 54 copper services in the Meadow Lane Area, fire hydrants, valves, bedding, backfill, pavement and lawn restoration, with the existing water main to be kept in service until the services are moved to the new main, and such project requiring that the Meadow Lane water main be installed, tested and placed in service along with water services and restoration by the end of 2005, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town’s bid documents and specifications, and WHEREAS, by Town Board Resolution No.: 385,2005 the Queensbury Town Board authorized the bidding for the Project and the Town Purchasing Agent and C.T. Male duly followed the proper procedures for bidding such work on behalf of the Town, and nd WHEREAS, on September 2, 2005, the Purchasing Agent duly received and opened all bids, and WHEREAS, C.T. Male, the Purchasing Agent and the Water Superintendent have recommended that the Town Board authorize awarding of the bid to the lowest , responsible bidder, Trinity Construction, Inc., for an amount not to exceed $680,343 and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders in a total amount not to exceed $20,000 that he deems necessary or appropriate, NOW, THEREFORE, BE IT Regular Town Board Meeting, 09-12-2005, Mtg #40 794 RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for construction of the Meadow Lane Area Water Main Replacement Project from the lowest responsible bidder, Trinity Construction, Inc., for an amount not to exceed $680,343, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute a Contract between the Town and Trinity Construction, Inc., in form acceptable to the Town Supervisor, Water Superintendent, Budget Officer and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract in the total amount not exceeding $20,000 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that upon completion of work and/or in any necessary Change Order(s), the Town Board further authorizes payment for these services with such amounts to be paid from Account No.: 152-8340-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION REQUESTING SEQRA LEAD AGENCY STATUS IN CONNECTION WITHMAIN STREET GATEWAY PLAZA IMPROVEMENTS PROJECT PIN NO.: 1756.27 Regular Town Board Meeting, 09-12-2005, Mtg #40 795 RESOLUTION NO.: 433, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 587,2004, the Queensbury Town Board authorized engagement of the engineering services of Barton & Loguidice, P.C. (Barton) for the provision of engineering, planning and landscaping architecture services in connection with the proposed Main Street Gateway Plaza Improvements Project (Project) referred to as Project PIN No.: 1756.27, and WHEREAS, by Resolution No.: 606, 2004, the Town Board reaffirmed and authorized such Project, and WHEREAS, the proposed Project is an unlisted action in accordance with the rules and regulations of the State Environmental Quality Review Act (SEQRA), and WHEREAS, the Town Board is duly qualified to act as lead agency for compliance with the SEQRA which requires environmental review of certain actions undertaken by local governments and in accordance with the coordinated review procedures of SEQRA, the Town of Queensbury Town Board wishes to be designated as the SEQRA Lead Agency for the proposed Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby indicates its wish to be Lead Agency for SEQRA review of the proposed Main Street Gateway Plaza Improvements Project PIN No.: 1756.27 and authorizes and directs the Town Clerk and/or Executive Director of Community Development to send a copy of the Short Environmental Assessment Form Part I presented at this meeting, along with a certified copy of this Resolution stating the Town Board’s intention to be declared Lead Agency, to any and all communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Regular Town Board Meeting, 09-12-2005, Mtg #40 796 RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR CASE FILE #5069 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 434, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants up to 100% of the cost of rehabilitation, up to a maximum of $20,000 per unit whichever is less, and WHEREAS, a single family property, Case File # 5069, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, by Resolution No.: 242.2005, the Queensbury Town Board approved a rehabilitation grant in the amount of two thousand one hundred dollars ($2,100) for Case File #5069, and WHEREAS, property rehabilitation specifications have been revised to include additional work, and WHEREAS, the revised cost to complete the work specified is twenty eight thousand two hundred seventy-nine dollars and seventy two cents ($28,279.72) and is still the lowest acceptable cost, and WHEREAS, the owner is eligible to receive up to $5,000 in a deferred loan through the Town Housing Rehabilitation Program with a separate Loan Resolution presented at this meeting, and WHEREAS, the homeowner is making a contribution of $2,529.72 and the Warren County Office for the Aging will be contributing $750 toward the cost of the project, NOW, THEREFORE, BE IT Regular Town Board Meeting, 09-12-2005, Mtg #40 797 RESOLVED, that the Queensbury Town Board hereby approves additional grant funds for Case File #5069, Queensbury, New York, in the amount not to exceed seventeen thousand nine hundred dollars ($17,900) and approves a total grant in the amount not to exceed twenty thousand dollars ($20,000) and authorizes and directs the Town Supervisor and/or Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None RESOLUTION APPROVING HOUSING REHABILITATION LOAN IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 4352005 , INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Loan Program which provides a deferred loan to very low income eligible property owners for the owners cost of rehabilitation, and WHEREAS, a single family property, Case File #5069, has been determined to be eligible for a loan through the Housing Rehabilitation Loan Program and the owner of the property has requested such a loan, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty five thousand seven hundred fifty dollars ($25,750), and Regular Town Board Meeting, 09-12-2005, Mtg #40 798 WHEREAS, a total of $2,529.72 in repair costs has been incurred up to this point for a total rehabilitation cost of $28,279.72, and , WHEREAS the property has been approved for a grant for twenty thousand dollars ($20,000) through the Housing Rehabilitation Program, and WHEREAS, the homeowner is making a contribution of $2,529.72 and the Warren County Office for the Aging will be contributing $750 toward the cost of the project, and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant and loan process and has verified that it has been followed in this case and recommends approving this deferred loan, and WHEREAS, the property owner will enter into a Loan Agreement with the Town of Queensbury which will be recorded with the Warren County Clerk’s Office with the principal balance of the loan due in full upon the transfer of title of the property, NOW THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby approves a rehabilitation loan for Case File #5069 in an amount not to exceed five thousand dollars and eighty cents ($5,000.80) and hereby authorizes and directs either the Town Supervisor or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT: None RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT HILAND TH GOLF COURSE ON SEPTEMBER 25, 2005 RESOLUTION NO.: 436, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer Regular Town Board Meeting, 09-12-2005, Mtg #40 799 WHEREAS, Fantasy Fireworks on behalf of David Wurzberger has requested permission to conduct a fireworks display as follows: SPONSOR: David Wurzberger PLACE: Hiland Golf Course th DATE: Sunday, September 25, 2005 TIME: Dusk NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the § Town Clerk, in accordance with New York State Penal Law 405, to issue a fireworks permit to Fantasy Fireworks on behalf of David Wurzberger subject to the following conditions: 1.An application for permit be filed which sets forth: A. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. B. The date and time of day at which the display is to be held. C. The exact location planned for the display. D. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the display. G. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage Regular Town Board Meeting, 09-12-2005, Mtg #40 800 contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Bay Ridge Volunteer Fire Company, Inc., 4. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law §405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None Regular Town Board Meeting, 09-12-2005, Mtg #40 801 RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 437, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2005 Town Budget as follows: FROM: TO: $ AMOUNT: 001-1990-4400 001-1430-4154 650. (Contingency) (Personnel Recruiting) ASSESSOR: 001-1990-4400 001-1355-1002 9,000. (Contingency) (Misc. Payroll) 001-1990-4400 001-1355-1170-0002 6,087. (Contingency) (Overtime) ASSESSOR: 001-1990-4400 001-1355-4410 362. (Contingency) (Gasoline) 001-1990-4400 001-1355-4400 2,000. (Contingency) (Misc. Contractual) COMMUNITY DEVELOPMENT: 001-3410-1480 001-3410-4110 2,602.32 (Dep. Fire Code) (Vehicle Repair) th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Regular Town Board Meeting, 09-12-2005, Mtg #40 802 RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO.: 438, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Abstract with a run date of September 8, 2005 and a pay date of th September 13, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a thth run date of September 8, 2005 and pay date of September 13, 2005 numbering 25-394700 through 25-412500 and totaling $298,911.31, 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 12 day of September, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V. ALAN PERKINS RESOLUTION NO.: 439, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec Regular Town Board Meeting, 09-12-2005, Mtg #40 803 , WHEREAS in accordance with the Queensbury Town Code Chapter 60 and New York State Town Law § 130(16), the Town Board may by Resolution determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the structure must be demolished and removed, and th , WHEREAS by Town Board Resolution No. 297,2005 adopted on June 20, 2005, the Town Board found that property owned by Alan Perkins located at 52 Howard Street in the Town of Queensbury (Tax Map No.: 301.20-1-32.2) was dangerous and th unsafe, and scheduled a hearing on the unsafe structure for Monday, July 11, 2005, and , WHEREAS consistent with the authority granted by the Town Board, the Director of Building and Codes Enforcement served notice setting forth the Town Board’s determinations upon the property owner or its executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, and th , WHEREAS a hearing was duly held on July 11, at 7:00 p.m. and by Resolution No. 324,2005, the Town Board declared the structure to be unsafe and ordered its removal by no later than 5:00 p.m. on August 15, 2005, and , WHEREAS the Town Board further ordered, authorized and directed that upon th Mr. Perkins’s failure to remove the dangerous structure by 5:00 p.m. on August 15, 2005, the Director of Building and Codes Enforcement was to make all necessary arrangements to secure the structure and make it safe for children playing in the area, and , WHEREASMr. Perkins has failed to remove the dangerous structure from the property, and therefore the Town Board wishes to have the structure removed from the property in order to further the health and safety of the community, NOW, THEREFORE, BE IT , RESOLVED that the Queensbury Town Board hereby authorizes and directs Town Counsel to commence an action against Alan Perkins in the Warren County Supreme Court seeking removal of the structure and reimbursement to the Town for any and all costs of removal including, but not limited to, demolition expenses, attorney fees and Court costs, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and Regular Town Board Meeting, 09-12-2005, Mtg #40 804 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None RESOLUTION AUTHORIZING CLOSURE OF CAPITAL PROJECT FUND NO: 115 RESOLUTION NO.: 440, 2005 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board established Capital Project Fund #115 for the construction of a storage building in accordance with Resolution No. 417, 98,and WHEREAS, the storage building project was not completed as other storage facilities became available, and Whereas, the Town’s accounting records show that there is approximately $129,813 remaining in Capital Project Fund No. 115, and WHEREAS, the Town Board wishes to close this Capital Project Fund and transfer the Fund’s remaining fund balance to Capital Improvement Reserve Fund No. 64, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close Capital Project Fund #115 and transfer the Fund’s remaining balance to Capital Improvement Reserve Fund No. 64, and BE IT FURTHER, Regular Town Board Meeting, 09-12-2005, Mtg #40 805 RESOLVED, that this Resolution shall be 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, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF CAPITAL PROJECT FUND NO: 127 RESOLUTION NO.: 441, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has completed all construction and operation related to Baybridge Sewer Extension Capitol Project Fund #127, and WHEREAS, the final accounting shows that there is approximately $103,748 remaining in Capital Project Fund #127, and WHEREAS, the Queensbury Town Board wishes to close this Capital Project Fund and transfer the Fund’s remaining fund balance to Capital Improvement Reserve Fund No. 64, and Regular Town Board Meeting, 09-12-2005, Mtg #40 806 WHEREAS, in accordance with New York State General Municipal Law, if a Capital Project is completed and there are funds remaining in the Capital Project Fund, the funds may be transferred to a Capital Reserve Fund without such transfer being subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close Baybridge Sewer Extension Capitol Project Fund #127 and transfer each of the Fund’s remaining balance(s) to Capital Improvement Reserve Fund No. 64, and BE IT FURTHER, RESOLVED, that as Town Board Resolution No #131, 2001 established initial appropriations for the Capital Project Fund #127 in the amount of $206,100 with the source of funding to be an appropriation of fund balance from the Town’s General Fund to be refunded in full to the General Fund by future District Extensions along Bay Road, the Town Board authorizes and directs the Town’s Wastewater Director and/or Deputy Wastewater Director to notify the Town Budget Officer if and when these future District Extensions are added, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO.: 442, 2005 INTRODUCED BY: Mr. Theodore Turner Regular Town Board Meeting, 09-12-2005, Mtg #40 807 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a three-way stop intersection at the intersection of Carlton Drive and Greenway Drive, and WHEREAS, the Town Board wishes to set a public hearing concerning this proposed Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing th on Monday, September 26, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to consider the proposed Amendment to Town Ordinance No. 28, hear all interested persons and take any necessary action provided by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE ATTORNEY MATTERS – NONE RESOLUTION TO ADJOURN TOWN BOARD MEETING RESOLUTION NO.: 443, 2005 Regular Town Board Meeting, 09-12-2005, Mtg #40 808 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their Regular Town Board Meeting. th Duly adopted this 12 day of September, 2005, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY