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2011-06-20- MTG#17 REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 1 REGULAR TOWN BOARD MEETING MTG# 17 TH JANUARY 20, 2011 RES#205-217 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS MIKE GENIER, SUPERINTENDENT OF CEMETERIES PRESS POST STAR, LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0PUBLIC HEARING RENEWAL OF CABLE TELEVISION FRANCHISE AGREEMENT – TIME WARNER CABLE RDTH PUBLICATION DATES: JUNE 3 10, 2011 OPENED TIME WARNER REPRESENTATIVE JOHN MUCHA SUPERVISOR STEC-Councilman Strough and Councilman Montesi the two of them were the negotiating committee along with our Town Counsel, Bob Hafner, I appreciate the work that these three guys did on this. John Mucha from Time Warner is present this evening as well John thank you for working with the Town on this. I will let John Strough go through the highlights here of it, but it is a ten year renewal of our agreement with Time Warner. COUNCILMAN STROUGH-After sometime I think the last time we negotiated it was a whole other company it wasn’t Time Warner. Some of the goals that we wanted to accomplished on behalf of the Town I want to thank John Mucha representing the management for Time Warner Cable. I mean it was a sit down and discussion and everything went pretty smoothly it was lengthy, but it went smoothly. What we wanted to see was a Franchise Agreement between the Town and Time Warner Cable that was consumer friendly and assured the fine quality of cable service that we currently enjoy I am sure it will get better, but we certainly don’t want it to be any less. After dealing with them I think we can feel assure that that is going to be the case. We are agreed, on a ten year contract with a five year open door if you will, to discuss amending to deal with unforeseen issues such as maybe changes in technology different needs on behalf of the cable company or the Town other unforeseen things. The future is changing in this digital world so quickly that sometimes neither Time Warner nor the Town nor the Public Service REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 2 Commission in Albany knew exactly where all this is going to go. I mean in the future and already Time Warner Cable I am not advertising for them I am just speaking to the new technologies. They are saying that you can use your I pad at home if you have a WIFI just turn your I pad and watch TV that’s at no charge you can download the application for that, but who knows what the future may hold. These doors that are going to be open some are foreseen some are not foreseen. Is Time Warner Cable going to start competing with Netflix’s I hear that’s a possibility we would certainly like and welcome the competition. We have improved Time Warner TV’s insurance coverage from what they originally did they readily went along with improving that. We worked and discussed franchise fees and gross revenue definitions. On behalf of the Town we had to assure that maximum benefits would come to the Town residents here I think we did a good job there. We certainly reserve the right to record our records and plans and audits in the future. We did get guarantee basic cable service to public buildings like our Schools our College, EMS and Fire Service Buildings. We have assured that the contract is streamlined and I don’t believe that we overly burdened it. On the Towns behalf we want to make sure that it is competitive because any kinds of burdens that we put on Time Warner we would have to put on any competitor should any occur in the future so we kept that in mind. When we talked about PEG channels and things like that Time Warner told us how we could hook up for two-way service both the SUNY Adirondack and Queensbury School Systems were both interested in some kind of a future educational channel where they might be able to have two-way broadcasting live broadcasting and such. We also discussed and offered an example of how the management team might work there. We also dealt with the logistics arrangements and we discussed with most schools what they would like to do in the future. Both SUNY Adirondack and Queensbury School systems are eagerly looking forward to the future possibilities. I mean streaming things live or not I mean you would be able to broadcast things that are issues for those two institutions and maybe issues for the community to enjoy. We wanted to make sure that those PEG channels; PEG channels by the way are Public Educational and Government, Peg. We want to make sure that they are prominent and remain the highest quality Time Warner Cable assured us that they would be. We worked with Time Warner Cable Management to reconfigure its regional setup so that communities that have similar interest such as the sister communities of Glens Falls and Queensbury would be in the same regional broadcast area and so forth that is off the top of my head. I just want to say again it was lengthy, but enjoyable process working with John Mucha representing Time Warner. I think we have a good product for both parties here. SUPERVISOR STEC-Thanks again John, Ron and Bob also John Mucha and Time Warner we appreciate working with you on this. I will declare the public hearing open if there are any members of the public that would like to comment on this I would just ask that you raise your hand and I will call on anybody one at a time. PUBLIC HEARING OPENED NO PUBLIC COMMENT SUPERVISOR STEC-Seeing none, I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 3 RESOLUTION AUTHORIZING FRANCHISE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND TIME WARNER CABLE RESOLUTION NO.: 205, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Time Warner NY Cable LLC d/b/a Time Warner Cable (Time Warner) applied under the provisions of Federal Law to the Town of Queensbury for a renewal of Time Warner’s Franchise Agreement, granting Time Warner the right to construct and operate a cable television system and provide cable service, and WHEREAS, the Town Board met many times with Time Warner to negotiate a Franchise Agreement and Time Warner presented the Town with a proposed Franchise Agreement which complies with New York State Public Service Commission standards, and th WHEREAS, on Monday, June 20, 2011, the Town Board duly held a public hearing and heard all interested persons concerning such proposed Franchise Agreement, and WHEREAS, the Town Board wishes to authorize such Franchise Agreement NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the renewal Cable Television Franchise Agreement between the Town of Queensbury and Time Warner NY Cable LLC d/b/a Time Warner Cable (Time Warner) substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to sign such Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Counsel to take such other and further action necessary to effectuate all terms of this Resolution. th Duly adopted this 20 day of June, 2011 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 2.0PRIVILEGE OF THE FLOOR REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 4 JOHN SALVADOR, NORTH QUEENSBURY-Read letter into the record regarding Sewage Disposal Variance Board of Health 15-2011 regarding Sharon Davies, Et. Al. noted his concern with correct ownership of property with regard to the application. PLINEY TUCKER-41 DIVISION ROAD, QUEENSBURY-Asked Councilman Brewer if they are getting ready to start paving? COUNCILMAN BREWER-Spoke with Mike Travis last week regarding a list he said he should have one ready shortly. MR. TUCKER-Questioned if they are going to do the park road? COUNCILMAN BREWER-I don’t know what he has on the list I know last year he told me he was going to do that this year. MR. TUCKER-Questioned the resolution regarding the renewal of insurance how much does that cost? SUPERVISOR STEC-Actually the cost went down. COUNCILMAN STROUGH-We are getting better coverage for less money twenty six thousand in savings and better coverage. TOWN COUNSEL, HAFNER-One forty three eight fifty seven. SUPERVISOR STEC-A hundred and forty three thousand. COUNCILMAN STROUGH-Twenty six thousand seven hundred and fifty three dollars in savings. MR. TUCKER-Questioned the Intermunicipal Agreement with Hudson Falls. SUPERVISOR STEC-What our Water Department wants to do is enter into a formal Intermunicipal agreement with the Village of Hudson Falls as far as if we have an issue requiring extra manpower or equipment that there is some structure already in place that would allow for that rather than just a phone call and someone going to it. MR. TUCKER-Questioned if this a financial agreement? TOWN COUNSEL, HAFNER-There is no cash up front it is as needed there will be reimbursement for it. COUNCILMAN BREWER-Reimbursement for the labor of the person. SUPERVISOR STEC-This is just something that will be in place for the future if one or the other ever needs to borrow a piece of equipment that one has that the other doesn’t have or is broken this formalizes it makes it legal. COUNCILMAN STROUGH-It will be a savings to both communities. TOWN COUNSEL, HAFNER-The Village has already approved this. REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 5 MR. TUCKER-Whenever money changes hands it changes hands between Water Departments? SUPERVISOR STEC-Yes. MR. TUCKER-Asked if he wanted to have a conversation with the Highway Superintendent so it’s on the record would it be possible to get him here for a meeting? SUPERVISOR STEC-I suppose or you can just tell us want you want. MR. TUCKER-I may not want anything I was just wondering if it could happen. COUNCILMAN BREWER-What is the issue paving? MR. TUCKER-No this is something else it may not even come about. Asked if the board reviews the Audit of Bills before they are paid? SUPERVISOR STEC-Yes. 3.0RESOLUTIONS RESOLUTION AUTHORIZING HIRING OF SEASONAL EMPLOYEES TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. :206, 2011 INTRODUCED BY Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Department of Parks and Recreation has requested Town Board authorization to hire Celia Brown, Meghan Dougher, Alyssa Flansburg, Michael McNally, Samantha Ramsey and Arinne Stiller to work part-time for the Department on a seasonal basis, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives and: ? Celia Brown is the daughter of Code Compliance Officer/Zoning Administrator, Craig Brown; ? Meghan Dougher is the daughter of Town Clerk, Darleen Dougher; ? Alyssa Flansburg is the daughter of Parks and Recreation Department Mechanic, James Flansburg; ? Michael McNally is the son of Town Justice, Robert McNally; ? Samantha Ramsey is the daughter of Department of Parks and Recreation Secretary, Simone Ramsey; ? Arinne Stiller is the daughter of Executive Assistant to the Town Supervisor, Leesa Stiller; NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 6 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of the above-named employees to work for the Town’s Department of Parks and Recreation on a part-time, st seasonal basis effective on or about June 21, 2011, to be paid at the appropriate hourly wage approved for seasonal recreation positions and subject to the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2011, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION REAPPOINTING DONNA PARTRIDGE AS MEMBER OF TOWN OF QUEENSBURY CEMETERY COMMISSION RESOLUTION NO. 207, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and WHEREAS, the present term of Cemetery Commission member Donna Partridge will expire as of th June 30, 2011 and the Town Board wishes to reappoint Ms. Partridge to the Commission for a new three st year term commencing July 1, 2011, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Donna Partridge as a member of st the Town of Queensbury Cemetery Commission to serve a three year term to commence July 1, 2011 th through June 30, 2014. th Duly adopted this 20 day of June, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 7 RESOLUTION APPROVING NEW FEE SCHEDULE FOR SERVICES PROVIDED AT PINE VIEW CEMETERY AND CREMATORIUM RESOLUTION NO.: 208, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury Cemetery Commission has requested Town Board approval for a pricing structure modification regarding the prices charged by the Pine View Cemetery and Crematorium as set forth in the Commission’s Memorandum to the Town Board, with proposed new fee th schedule, dated June 8, 2011 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the new fee schedule for services th provided at the Pine View Cemetery and Crematorium effective as of July 5, 2011, as presented at this meeting and as follows: Pine View Cemetery and Crematory Queensbury Resident Non Resident Lots: Per grave any multiple $ 600 $ 700 Urn Garden lots, any multiple 300 400 Grave Opening: Weekday $ 700** $ 800** Saturday $ 900** $ 1,000** Small Child (Vault) Weekday 270** 370** Small Child (Vault) Saturday 325** 425** Infant Weekday 180** 280** Infant Saturday 240** 340** Queensbury Resident Non Resident Cremation Interment: Weekday $ 225** $ 325** Saturday 345** 445** Cremation: Adult $ 350 $ 350 Children 13 mo. – 12 yrs 200 200 Stillborn thru 12 mo. 150 150 Overtime Cremations 200 Extra 200 Extra Mausoleum Interment: Weekday $ 245** $ 345** Saturday 300** 400** Disinterment: Mon. - Fri. $ 700** $ 800** Saturday 900** 1,000** Miscellaneous: Vault Rental $ 150 $ 150 Mailers 40 40 Refrigeration Rental Per Day 50 50 (Extended Storage) REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 8 Funerals after 3 pm 200 Extra $ 200 Extra Call – in’s 200 Extra 200 Extra Outside Cemetery Openings Weekday $ 800** $ 900** Saturday 900** 1,000** Sundays and Holidays $ 1,000** $ 1,100** Closed on Sundays. Holidays only if feasible and at the discretion of the Superintendent of Cemeteries stst ** WINTER BURIAL PERIOD is December 1 through March 31 if conditions allow. There is an additional charge of $150 during this period. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Cemetery Superintendent and/or Town Budget Officer to take any and all action necessary to effectuate the new fee schedule. th Duly adopted this 20 day of June, 2011 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ANNUAL ADMINISTRATIVE FEE REGARDING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND MANNIX MARKETING, INC. RESOLUTION NO.: 209, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 236, 2010, the Queensbury Town Board approved and authorized funding to Mannix Marketing, Inc. and an Agreement between the Town and Mannix Marketing, Inc., regarding Mannix Marketing, Inc.’s annual provision of marketing services to Queensbury, and WHEREAS, such promotion and marketing services promote the Town of Queensbury and its hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 9 WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to authorize its annual $1,000 administrative fee to Mannix Marketing, Inc., with occupancy tax revenues received from Warren County, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding of its annual $1,000 administrative fee to Mannix Marketing, Inc., as delineated in the preambles of this Resolution to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2011, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT:None RESOLUTION AUTHORIZING TOWN ASSESSOR AND DATA COLLECTOR/APPRAISER TO ATTEND NYS ASSESSORS’ ASSOCIATION’S ANNUAL SUMMER SEMINAR RESOLUTION NO.: 210, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Assessor and Data Collector/Appraiser have requested Town Board authorization to attend the NYS Assessors’ Association’s Annual Summer Seminar in th Cornell, New York during the week of July 17, 2011 at an estimated cost of $2,473, and WHEREAS, the Queensbury Town Board previously authorized allocation of funds for conference expenses within the Town Assessor’s 2011 Budget, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 10 RESOLVED, that the Queensbury Town Board hereby authorizes the Town Assessor and Data Collector/Appraiser to attend the NYS Assessors’ Association’s Annual Summer Seminar in Cornell, th New York during the week of July 17, 2011 at an estimated cost of $2,473, and BE IT FURTHER, RESOLVED, that incurred expenses in the estimated amount of $2,473 at the conference shall be deemed proper Town charges, and BE IT FURTHER, RESOLVED, that such conference expenses shall be paid for from Account No.: 001-11355- 4090, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the conference are proper Town charges. th Duly adopted this 20 day of June, 2011, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION AGAINST ROBERT SILVERNAIL RESOLUTION NO.: 211, 2011 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Robert Silvernail owns property located at 13 Stephanie Lane in the Town of Queensbury, and WHEREAS, the Town’s Director of Building and Codes Enforcement, David Hatin, reports that since at least June of 2006, Mr. Silvernail has failed and refused to maintain the exterior of his dwelling in compliance with New York State Property Maintenance Code §304, more specifically, Mr. Silvernail has not painted, sided or maintained the structure and the exterior of the house includes peeling, flaking and chipping paint and siding that is not water resistant and water tight and additionally, Mr. Silvernail repeatedly fails and refuses to maintain his yard and has allowed high weeds and grass to grow, and REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 11 WHEREAS, the Town pursued enforcement action in the Queensbury Town Court with the result that fines were issued in the total amount of $700, and WHEREAS, although Mr. Silvernail paid the fines, he nonetheless has failed and refused to bring his property into compliance with the Queensbury Town Code, and st WHEREAS, the Town Highway Department reported to the Town that on or about January 21, 2011, it received a Complaint that snow had been plowed from the Silvernail property into Stephanie Lane, blocking the roadway and creating a danger to the public, and st WHEREAS, the Town was required to remove the snow using Town equipment on January 21, 2011, and WHEREAS, the total cost to the Town of removing the snow placed in the street by Mr. Silvernail was $147.19, and WHEREAS, a demand was made that Mr. Silvernail reimburse the Town in the amount of $147.19, but he has failed and refused to do so, and WHEREAS, Queensbury Town Court lacks injunctive power to require compliance with the Town Code, and WHEREAS, the Queensbury Town Board wishes to pursue preliminary and permanent injunctive relief requiring that the property be brought into compliance with the Town Code and thereafter maintained in compliance with the Town Code, and WHEREAS, the Queensbury Town Board also wishes to commence action against Mr. Silvernail in the amount of $147.19, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs Town Counsel to pursue action in the Warren County Supreme Court: REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 12 1. seeking preliminary and permanent relief bringing the property located at 13 Stephanie Lane in the Town of Queensbury into compliance; 2. requiring that the property be maintained in compliance with the Town Code; 3. If the property owner fails to bring the property into compliance with the Town Code or fails to maintain the property in compliance with the Town Code, then allowing Town Counsel to seek an Order to have the property owner found in contempt of Court; and 4. seeking an award of attorneys fees and costs required by this action; and BE IT FURTHER, RESOLVED, that the Town Board authorizes the commencement of an action against Mr. Silvernail to recover the amount of $147.19 as set forth in the preambles of this Resolution, 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 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel, Director of Building and Codes Enforcement and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 20 day of June, 2011, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : None RESOLUTION AUTHORIZING TRANSFER OF $5,700 FROM HUDSON POINTE CAPITAL RESERVE FUND #145 TO GURNEY LANE RECREATION AREA CAPITAL RESERVE FUND #157 RESOLUTION NO.: 212, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 13 WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund to finance specific capital improvements and items of equipment to improve the Gurney Lane Recreation Area (Gurney Lane Capital Reserve Fund #157), subject to permissive referendum, and WHEREAS, the Town Board also previously established a Capital Reserve Fund to finance specific capital improvements and items of equipment for the Hudson Pointe Nature Preserve Expansion and Improvement Project (Hudson Pointe Capital Reserve Fund #145), and WHEREAS, the Director of Parks and Recreation has determined that the Gurney Lane Capital Reserve Fund #157 needs $5,700 to be able to complete its project, and WHEREAS, the Director of Parks and Recreation has determined that there are funds in the Hudson Pointe Capital Reserve Fund #145 in excess of those needed to complete the Project and totaling at least $15,700 more than needed, and WHEREAS, the Town Board wishes to transfer $5,700 in excess funds from the Hudson Pointe Capital Reserve Fund #145 to the Gurney Lane Recreation Capital Reserve Fund #157, and WHEREAS, in accordance with General Municipal Law §6-c(9), the Town Board may authorize the transfer of part of the unexpended balance of a capital reserve fund to another capital reserve fund, NOW, THEREFORE, BE IT RESOLVED, that in accordance with New York State General Municipal Law §6-c, as amended, the Queensbury Town Board hereby authorizes the transfer of $5,700 from the Hudson Pointe Capital Reserve Fund #145 to the Gurney Lane Capital Reserve Fund #157, and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum as provided by General Municipal Law §6-c and Town Law Article 7, and shall not take effect until such time as provided therein and the Town Clerk is hereby authorized and directed to post and publish the notice required for Resolutions subject to permissive referendum. th Duly adopted this 20 day of June, 2011 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT:None RESOLUTION AUTHORIZING PURCHASE OF INSURANCE FROM TRIDENT/ARGONAUT RESOLUTION NO.: 213, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 14 SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 238 ,2010, the Queensbury Town Board authorized engagement of Marshall & Sterling Upstate, Inc., to help the Town of Queensbury obtain insurance coverage for the Town stth effective July 1, 2010 – June 30, 2011, and WHEREAS, the Town Board wishes to authorize obtaining insurance coverage with stth Trident/Argonaut effective July 1, 2011 – June 30, 2012, in accordance with Marshall and Sterling Upstate, Inc.’s June 2011 proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer and Marshall & Sterling Upstate, Inc., to obtain insurance coverage for the Town of Queensbury from stth Trident/Argonaut effective July 1, 2011 – June 30, 2012 in accordance with Marshall and Sterling Upstate, Inc.’s June 2011 proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any agreements and any other documentation, and the Town Supervisor, Town Counsel and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT:None RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND VILLAGE OF HUDSON FALLS FOR SHARED WATER SUPPLY SERVICES, MACHINERY, EQUIPMENT, SUPPLIES AND SUPPORT PERSONNEL RESOLUTION NO.: 214, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, all municipalities have authority to contract with other municipalities for the purpose of renting, leasing, exchanging or borrowing machinery and equipment and to borrow or lend materials and supplies to other municipalities, and WHEREAS, the Town of Queensbury (Town ) and the Village of Hudson Falls (Village) each have water supply machinery and equipment which is idle at certain times and often have materials and supplies on hand which are not immediately needed, and REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 15 WHEREAS, by the renting, borrowing or exchanging of machinery, equipment and supplies, the Town and the Village may avoid purchasing certain needed water supply machinery and equipment or keeping a large inventory of extra materials and supplies, thereby saving their respective taxpayers’ money, and WHEREAS, the Town and Village have negotiated terms for an Intermunicipal Agreement for shared water supply services, machinery, equipment, supplies and support personnel, a copy of which is presented at this meeting, and th WHEREAS, the Village approved such Intermunicipal Agreement on May 9, 2011, and WHEREAS, the Town Board believes that such Agreement would be in the best interests of the Town, its residents, and its Consolidated Water District, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Queensbury Consolidated Water District, hereby approves of an Intermunicipal Agreement for Shared Water Supply Services, Machinery, Equipment, Supplies and Support Personnel with the Village of Hudson Falls, as delineated in the preambles of this Resolution, substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Intermunicipal Agreement and the Town Supervisor and/or Town Water Superintendent to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2011, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION TO AMEND 2011 BUDGET RESOLUTION NO.: 215, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the following 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 REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 16 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2011 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-1315-4401 Audit 4,000 001-1440-4720 Engineering 001-9950-9030 Trsfr to Capital Proj 30,000 Increase Revenue 001-0000-52705 Donation 1,265 Increase Appropriation 001-7110-4400 Misc. Contractual 1,265 Increase Revenue Trsfr fr Other 178-0000-55031 Fund Increase Appropriation 178-1620-2899 Capital Construction 30,000 th Duly adopted this 20 day of June, 2011, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS – ST WARRANT OF JUNE 21, 2011 RESOLUTION NO.: 216, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant thst with a run date of June 16, 2011 and payment date of June 21, 2011, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with the run date of thst June 16, 2011 and payment date of June 21, 2011 totaling $773,694.81, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of June, 2011, by the following vote: REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 17 AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None 4.0 CORRESPONDENCE DEPUTY CLERK O’BRIEN-Supervisors Monthly Report for May - Community Development and Building and Codes on file Town Clerk’s Office. 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER ? NONE COUNCILMAN STROUGH ? The Queensbury Senior Citizens presented an Achievement Award to Crystal Brown and Eric Lebel both seniors at Queensbury High School for outstanding community service. Update given regarding the Queensbury Senior Citizens Activities. ? Read letter into the record from Senator Betty Little to Jack LaBombard, Chairman of the Queensbury Recreation Commission regarding the Jenkinsville Town Park noting it is an outstanding facility. COUNCILMAN MONTESI ? Community Development and Building and Codes monthly report last year there was six million dollars worth of building permits this year seven million. The note Dave Hatin gave me was that last year was a reflection of eight or nine million dollars worth of building with Wal-Mart. Other than that we are running a little bit behind on building permits that is the nature of the beast with the way the economy is. COUNCILMAN METIVIER ? NONE SUPERVISOR STEC ? Thanked Look TV and sponsors for televising the Town Board Meetings. ? Towns website www.queensbury.net ? Program for Veterans in Warren County issuing of ID cards through Pam Vogel, Warren County Clerk. Bring your DD-214 to the County Clerk’s Office they will issue an ID card the ID card is good for discounts at several dozen of County businesses. The Town’s and Warren County itself have a property tax exemption for Veterans all you need to do is bring your DD-214 to your Town or City Assessor’s Office. REGULAR TOWN BOARD MEETING 06-20-2011 MTG#17 18 RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 217, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 20 day of June, 2011, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi Noes: None Absent:None RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY