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2008-12-15 MTG. #56 331 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 TOWN BOARD MEETING MTG.#56 DECEMBER 15, 2008 RES. 569 - 623 7:00 P.M. BOH 30-32 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER – ABSENT TOWN OFFICIALS WASTEWATER SUPT. MIKE SHAW SOLE ASSESSOR TERRY ROSS PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STEC RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 569, 2008 RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. th Duly adopted this 15 day of December, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer QUEENSBURY BOARD OF HEALTH 1.1SANITARY SEWER DISPOAL VARIANCE - JOHN HECKMAN - SUPERVISOR STECWe had concluded this public hearing previously, we will have the applicant come back and we can ask a few more questions of him. Essentially they decided rather than applying for a new application for us to consider that they wanted us to consider the one that was already before us that we previously closed the public hearing on. Mr. MacElroy did I correctly summarize? Engineer MacElroy-Correct, I am Dennis MacElroy with Environmental Design representing the owner, serving as agent for John Heckman. Mr. Joe Roulier is with me tonight he is also an agent for the owner, Joe being the contractor and unfortunately two weeks ago when we were here last time Joe was not able to be here, he was out of the area. So, there were a number of questions that would come up that Joe had better first hand knowledge of so we wanted to address some of those and continue with the consideration of the application. Dan, you indicated that we chose not to modify the application and that is accurate. What this situation is, is the proposal to improve the foundation of an existing structure and by doing so we are not affecting or we are not changing or adding to the existing wastewater system that is in place now, has been for a number of years. But, the construction of the perimeter foundation will create a situation that it makes it closer to the seepage pit then currently exists and thus requires a variance from standards of a horizontal setback to a septic system component, in this case the seepage pit. One thing I start of to clarify though is the septic tank portion of this which I think maybe someone may have confused or thought was part of the original or this 332 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 proposal. That was approved and constructed following permit that was granted in 2004, November of 2004. There was a new septic tank placed in there and there is a concrete slab that serves actually as a parking place as well. What you, John, what you saw was a concrete slab adjacent to the house there is an aluminum access hatch Councilman Strough-That is pretty new. Engineer MacElroy-Four years, well lets see, here is the CO and that was in, is there a date on there Joe? I know that the approval..January of Contractor Roulier-It goes back to ’06 inspected on .. Engineer MacElroy-I guess it was constructed in ’06 late of 2006 was when that work was done based on an approval that was granted by this Board prior to that. So, that septic tank portion there is a thousand gallon tank that was put in place in that location there is a slab over the top there is parking that is accommodated in that location as well. But, this variance involves is the relationship of the new foundation wall to the seepage pit, the existing seepage pit which is the second part of the wastewater system. Supervisor Stec-From that wall to the existing pit right now is the same distance as the variance being sought? The variance is three feet from the septic tank. Engineer MacElroy-No, right the new wall would create a three foot horizontal separation where it is Supervisor Stec-Where is the horizontal separation now? Engineer MacElroy-Now, Supervisor Stec-If you drop, you understand my question if you drop a plum if the wall you know you are just talking about building up a basement wall, right? Or foundation wall. Contractor Roulier-Mr. Stec, the proposed wall would be approximately thirty six inches from the existing seepage pit. Mr. Montesi has that diagram; you will see it is thirty six inches. We discovered also since this drawing was completed that there is an existing concrete block wall four foot in toward the lake from there. So, in the proposed area to be excavated there is also an additional concrete wall four feet in from the proposed one and the proposed wall right now there is just a concrete pier on the right hand corner and the balance of the house is actually resting on the ground. So, it turns out that we are not only looking for the expansion of the existing basement but for the structural integrity of the house. Councilman Montesi-Joe, the existing basement wall is twelve feet from the septic tank did I read that correctly? Contractor Roulier-No, that is not true Mr. Montesi, the existing rear basement wall is approximately nineteen feet from the road side of the house. That is the existing. Councilman Montesi-But, the square that you are building the proposed additional basement is presently Contractor Roulier-It is a crawl space area. Councilman Montesi-A crawl space, so is the seepage pit where it is right now is that existing? Contractor Roulier-Yes, it is. The seepage pit which is four foot by twelve foot by approximately forty two inches deep is in that exact location depicted on that plan. Councilman Montesi-So, what is the alternative if the Town felt really concerned that three feet was not good or three feet both ways seepage and septic what is the alternative. 333 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Contractor Roulier-First of all after consulting with Mr. Heckman we would not be putting in any perimeter drain around the proposed basement. So, therefore any effluent that would then come from the seepage pit down adjacent to that foundation will actually be further away from the lake than the situation currently exists now. Under the current scenario it can simply leach into that area and then further encroach out to the lake. By adding in the basement the basement wall tarring it and perhaps putting a rubber membrane on the outside of that we would actually be deterring any seepage from that pit from going horizontally toward the lake. So, I actually think that you are actually improving the situation you are actually removing some the seepage and moving it back further from the lake than you currently have. That in conjunction with eliminating any potential or any perimeter drain certainly does not make the situation it doesn’t make the situation any worse than it is or isn’t right now. Councilman Montesi-With this system we do not have any leaching fields, it is a seepage pit is the leaching field? Engineer MacElroy-Correct. Contractor Roulier-Can I just address one thing for Mr. Montesi. This is a very typical application up in that area Councilman Montesi-For Rockhurst Contractor Roulier-ok, I personally and I have a picture here and I would be happy to show it to you of the cover that is over the top of that seepage pit and actually I would like Mr. Strough to see it because he was concerned. Councilman Strough-That is fine but there is not supposed to be a cover over a seepage pit. Contractor Roulier-A concrete cover. Councilman Strough-Not over a seepage pit. An infiltration bed part of it is for, part of your seepage pit is going to go upward and part downward, not all of it goes down. Some of it is you know evapo transporation. So, I do not think and I have never seen it in any infiltration design a cover that creates a permeable layer between the upper level and the seepage pit. I have never seen it. Engineer MacElroy-There would be for a seepage pit. That type of configuration, granted it is old technology but it is not there would always be a cover over a seepage pit. What you are thinking of is more of an absorption field Councilman Strough-The absorption field is around the seepage pit ok, the seepage pit itself is probably a round five foot in circumference Engineer MacElroy-Some are Councilman Strough-Six foot in circumference with holes in the side and about three or four feet of number two or number four stone around it. So, it works on the same principal as an infiltration bed only a little bit different design. So, you know what I had suggested was that we go to a holding tank here like we have at other places on Rockhurst and you can have the kind of cover on a holding tank that would allow parking, because that is one of the issues with Mr. Heckman’s property. He only has one place to park and that is that ten foot area between the edge of the road and the back of his home and that where the seepage pit is. So, I suggested but I do not know if you have considered it but I suggested that we put a holding tank there that would solve all the problems. There was also concerns too that the seepage pit and the integrity of what might be jeopardized when you do the construction work. Now, Joe I know you are a great contractor and such but I am still concerned about that. 334 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Councilman Montesi-Once you put a pad on it a cement pad how do you, do you have to break the pad to fix, if the seepage pit gets contaminated or gets filled? Engineer MacElroy-No, there is an access port to it in Joe’s picture, it shows that. But, a seepage pit would always have a cover on it. Councilman Montesi-But this has a cement pad to park. Councilman Strough-There is a core to the seepage pit that does have a cover on it but the outside part of the seepage pit as you were acknowledging that is the infiltration part of the process. Ok. That is being pounded down by parking over it, that is not something that we generally consider be acceptable for infiltration systems which this is. Engineer MacElroy-But it is different than the absorption field and that is where we get into the concern about driving or parking over the top of the absorption fields. I think it is Councilman Strough-Would the owner be willing if you want to get me to get a clear conscience with this I do not have a problem with the expansion, but would the owner be willing to put in a holding tank in lieu of the seepage tanks seeing, the construction is going to be right there, and you can put the type of top on a holding tank that would be safe enough to accommodate vehicular parking above it. Engineer MacElroy-Which there is now. Councilman Strough-And yet we wouldn’t worry about compaction and we wouldn’t worry about the infiltration system failing because of compaction. Contractor Roulier-First of all I have discussed at length with Mr. Heckman the possibility of putting in a holding tank and he has told me that he would not go that route. Secondly, the concrete pad that is there acts as a barrier from obviously any cars or any trucks from collapsing into the system. Councilman Strough-Not to the infiltration part of the system. Contractor Roulier-But we are not over the infiltration part. Councilman Strough-Yes you are. Contractor Roulier-The infiltration portion of it Councilman Strough-The seepage pit is right under there and where is that number two stone that is around the seepage pit? Contractor Roulier-On the parameter of it. Councilman Strough-Right, exactly where they park. Contractor Roulier-So, the concrete is only over the concrete block portion of it that the effluent leaches out of into the seepage area. This system here has probably been in the ground for thirty years or so. In that thirty year time there have been trucks parked over it there has been cars parked over it and the system has never failed. Councilman Strough-Well it is thirty years old it is going to be close. You talk to any sewer expert and the expectation of these systems is about twenty years, thirty years you are on borrowed time. Contractor Roulier-But I think that at that point if the system fails that is the time to address that. Councilman Strough-Well, you know the time to address is it right now. Mr. Heckman is doing construction it is to his benefit to put in a holding tank it is going to be the most 335 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 cost effective thing for him to do it, he wants to park there I am fine with that, so you know the holding tank is really the best answer here in my mind. Contractor Roulier-Right now, Mr. Strough we have a system that is functioning we have no sign of failure nor have we ever put a truck down through the surface of it and they have been parking on it for years and years. I do not think it is reasonable to insist that a man all of a sudden go through the additional expenditure because we think it may or may not fail. Councilman Strough-Well, Joe, it is thirty years old. Contractor Roulier-I have personally have unearthed it ..it is all right. We are getting older too but it does not mean that they are throwing us out to the field. Councilman Strough-Anything near the lake I am going to be even doubly concerned. Contractor Roulier-I personally inspected the inside of this there was not evidence of any deterioration what so ever. It does not mean that it still can’t function properly. Engineer MacElroy-Let me just clarify again that the infiltration aspect of this and I know where your, the basis of what you are saying John and its from a trench system or a bed system your near the surface within twenty four to thirty inches at the surfaces where those systems typically are constructed. So, there is a greater reliance upon an oxygen transfer that occurs through the soil. So, that is why you do not want to compact that soil because that has an effect on that function of the absorption system. Now, a seepage pit is different. The seepage pit can be in this case forty two inches or forty eight inches deep or beyond the thirty two it may be in the range of six to seven feet deep. At that point, picture it, the effluent goes into that tank and goes to the bottom and it infiltrates in six or seven foot of depth. It is not up near the surface it is not relying on that oxygen transfer to occur as it does in an absorption trench system or bed. So, I just want to clarify that as far as, it is not as much of a point I think as your making it. Councilman Strough-Not only that, Dennis, you are talking singular. A singular seepage pit. Today the average house has three and sometimes four seepage pits this is one, this would not meet todays standards. Anyway shape, form you took at this with good conscience I got to ask Mr. Heckman please consider a holding tank it would be best for everybody involved. Supervisor Stec-I would invite any of the Board Members that might want to jump in right now with questions or comments? Anybody? I too think that this is a prime opportunity for a holding tanks. We have done a lot of holding tanks in the Rockhurst area in the past and you know those are very small lots and height density. We have done a lot of holding tanks there with success in hind sight from the ones we have done I would be more comfortable with a holding tank. Contractor Roulier-Let me ask you a question then, this is a year round residence right now, that has electric heat in it. If Mr. Heckman decided he wanted to go to the holding tank he would still at that point be able to use it as a residence? Councilman Strough-Yea. Contractor Roulier-You know where I am going with this. Councilman Strough-Year around residence rather than seasonally limited. I did not mention that. I would allow that myself to be used as a year round residence as we have Mrs. Beckerly and I shouldn’t mention names but other people on Rockhurst. Contractor Roulier-I just want to make sure that when I go back with a proposal to him that we are not precluding him from having Councilman Strough-We haven’t with the others Joe. 336 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Contractor Roulier-Under the scenario assuming that he did go down that avenue then you would at that point agree to putting in a basement wall back to that point? Councilman Strough-Yes. Supervisor Stec-That is what we are talking about. Councilman Montesi-The only other question that I have is when you put the number two stone or whatever stone you put around the seepage pit how far do you extend out to the seepage pit? Engineer MacElroy-A minimum of one foot but typically two. Councilman Montesi-So, you are almost abutting the foundation at three feet, ok. I kind of feel that for the sake of the lake that a holding tank would make a heck of a lot more sense if you are parking on it, you know you are going to be parking on it. Supervisor Stec-I think that the direction we are heading now unless you really want us to vote this up or down is take no action and you come back with an application for a holding tank. Contractor Roulier-Can I ask one other question. We have on the diagram that you have earlier which shows where the proposed basement area is, there is the back wall of the house which is the wall that we are currently considering, four feet in from there, there is another concrete block wall that goes across from right to left in the back of the house. I do not know the depth of that wall. Would it be possible to get a variance to at least bring the proposed wall back four feet to that and replace that existing wall. Supervisor Stec-You can apply for any variance you like, the short answer. We are trying to steer you toward a holding tank. I think if you are meeting us in that direction we would consider any reasonable request that you have got. Contractor Roulier-That would then put that area that wall then would be approximately seven feet from the seepage pit area. If you consider the seepage pit area lets say had stone around the peripheral area of three feet we are still further away from it. I just know, I agree with you I think holding tanks are great, I would never argue with that with you. But, I just, I have an existing system that is functioning right now ok, if I had a failed system that I could come in front of this board with a proposal for a holding tank, but I don’t have a failed system. Councilman Strough-But we do not want to get there either. Contractor Roulier-Yea, I don’t want to get there. Supervisor Stec-You do not want to get there in February. Contractor Roulier-I have to be fair to my client that when I go back to him to say look you can get the basement at this point with a holding tank but if we go back and replace any existing wall that you already have maybe we can keep the seepage pit area and just do the proposed basement just on the other side of that existing wall. Councilman Montesi-How big an expansion would that be then, eight feet or ten feet? Contractor Roulier-That would be, the proposed expansion right now is approximately eighteen feet by eighteen feet. It would cut it down into the area of approximately eighteen feet by twelve feet but it would keep that area from the seepage pit from three feet it would expand it out to seven feet. Councilman Strough-Joe, you are still going to need a variance and the issues that I brought up do not go away. 337 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Supervisor Stec-What you described is a smaller structure needing less relief and with a holding tank which is what we tell you we prefer. Contractor Roulier-No, not with a holding tank. Would the Board be more receptive to that type of proposal or is it all cast in stone at this point that it is a holding tank? Councilman Strough-As far as I am concerned Joe I do not want to waste your time. You need a variance the system is thirty years old it doesn’t meet todays standards it is next to the lake I could keep going on Joe. A holding tank. Supervisor Stec-A holding tank is the way to go there. Councilman Montesi-Yes. Supervisor Stec-We will not take any action on. 1.2 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DEBARON ASSOCIATES/ DEBRA DURANTE SCHEIBEL RESOLUTION NO.: 30, 2008 BOH INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Debaron Associates/Debra Durante Scheibel has applied to the Local § Board of Health for a variance from Chapter 136, 136-11, which requires applicants to obtain a variance for holding tanks and the applicant wishes to install a holding tank on property located on Dark Bay Lane, off Route 9L 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, January 5, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Debaron Associates/Debra Durante Scheibel’s sewage disposal variance application concerning property located on Dark Bay Lane, off Route 9L in the Town of Queensbury and bearing Tax Map No.: 239.18-1-47 and at that time all interested persons will be heard, and 338 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 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 15 day of December, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer 1.3 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JUDY NACUA RESOLUTION NO.: 31, 2008 BOH INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Judy Nacua has applied to the Local Board of Health for a variance from Chapter 136 to install a replacement septic system approximately 3’ from the property line instead of the required 10’ setback on property located at 8 Phillips Avenue 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, January 5, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Judy Nacua’s sewage disposal variance application concerning property located at 8 Phillips Avenue in the Town of Queensbury (Tax Map No.: 303.20-1-30) and at that time all interested persons will be heard, and BE IT FURTHER, 339 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 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 15 day of December, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Brewer RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 32.2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and the Town Board moves back into session. th Duly adopted this 15 day of December, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer TOWN BOARD MEETING 2.0PUBLIC HEARINGS 2.1PROPOSED LOCAL LAW ENTITLED “ESTABLISHMENT OF SEWER RENTS” TO INCREASE ANNUAL CHARGES FOR CENTRAL QUEENSBURY/QUAKER ROAD SEWER DISTRICT NOTICE SHOWN PUBLICATION DATE: 12-05-2008 Supervisor Stec-Before I will open the public hearing just go over the highlights here, I think that and I will have Mike Shaw come up here because he may want to add to this. I think Mike mentioned the other day there has been approximately ten years since these rates have been touched and there is just literally a couple in the local law there are a couple of places that we changed dollar amounts, and I will read them quickly. Again this is for the Central Queensbury/Quaker Road Sewer District for residential properties for the first zero to thirteen thousand gallons of metered water usage the charge shall be increased from fifteen dollars to twenty five dollars per quarter for each residential unit 340 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 plus three fifty which is an increase from three dollars and ten cents per thousand gallons for water usage in excess of thirteen thousand gallons. For non residential properties the rate will be increased from five dollars and forty five cents per thousand gallons of water to five dollars and seventy five cents per thousand gallons of water. Mike is there anything that you want to add? Wastewater Director Mike Shaw-Just correcting it has been twelve years since we have raised the rates. As of the last three years there have been two years we have fallen short on revenues on that side of the budget on the operation and maintenance side of the budget. This years proposed budget or budget going to be passed our revenues are going to be short there some seventy seven thousand dollars worth of sewer rents so it is time to increase. Supervisor Stec-It is time to increase the rate, twelve years is a good ride. I will open this public hearing if there any members of the public that would like comment on this public hearing I just ask that you raise you hand one at a time, come to the microphone and state your name and address for the record. These microphones not only amplify but they record for the purpose of the record. Is there anyone that would like to comment on this public hearing. Hearing none I will close the Public Hearing and entertain a motion. RESOLUTION ENACTING LOCAL LAW NO. 9 OF 2008 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS" TO INCREASE ANNUAL CHARGES FOR CENTRAL QUEENSBURY/QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 570, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 9 of 2008 to amend Queensbury Town Code Chapter 136, Article XXIV entitled “Establishment of Sewer Rents," which Local Law would modify the annual sewer rent rate in the Central Queensbury/Quaker Road Sewer District, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, Town Law Article 16 and General Municipal Law Article 14-F, and WHEREAS, the Town Board duly held a public hearing on Monday, December th 15, 2008 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT 341 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 9 of 2008 to amend Queensbury Town Code Chapter 136, Article XXIV entitled “Establishment of Sewer Rents," as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: Mr. Brewer LOCAL LAW NO.: 9 OF 2008 A LOCAL LAW TO AMEND CHAPTER 136, ARTICLE XXIV OF QUEENSBURY TOWN CODE ENTITLED "ESTABLISHMENT OF SEWER RENTS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Queensbury Town Code Article XXIV, entitled “Establishment of Sewer Rates,” subsection A, is hereby amended as follows: §136-137. Annual charges established. There is hereby established and imposed a scale of sewer rents for services rendered by the sewer system to the real property within the limits of the following sewer districts as set forth below: A. Annual charges pursuant to §136-135 hereof for the Central Queensbury/Quaker Road Sewer District: 342 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 (1) For residential properties: For zero to 13,000 gallons of metered water usage, the charge shall be $15 quarterly for $25 each residential unit, plus $3.10 per thousand gallons of $3.50 water consumption in excess of 13,000 gallons per quarter as indicated by the current water meter readings, billed on a quarterly basis. (2) For nonresidential properties: $5.45 per thousand $5.75 gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 3. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 4. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State. 2.2PUBLIC HEARING – LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 155, “TAXATION” TO ADD A NEW ARTICLE IV, “EXEMPTION FOR GOLD STAR PARENTS” NOTICE SHOWN PUBLICATION DATE: 12-05-2008 Supervisor Stec-Again before we open this public hearing the exemption for Gold Star Parents will read; The purpose of this article is to grant a real property tax exemption to Gold Star Parent as such term as provided herein in accordance with New York State Real Property Tax Law and in accordance with New York State Real Property Tax Law the Queensbury Town Board hereby expands the definition of qualified owner contained in the Real Property Tax Law Section 458-A to include a parent or parents of a child who died in the line of duty while serving in the United States Armed forces during a period of war hereinafter Gold Star Parent and hereby expends the definition of qualifying residential real property contained in the Real Property Tax law Section 458-A to include property owned by a Gold Star Parent provided that the same shall be the primary residence of the Gold Star Parent. The provisions of Real Property Tax Law Section 458- A shall be applicable to Real Property Tax Exemptions for Gold Star Parents. I mentioned it when we set the public hearing the County already has this program and you can apply at the Town in the Town’s Assessor’s Office for this exemption at the County. Currently the Town does not have a town tax so the financial benefit or impact how ever you choose to look at it if the town exacts this presently and for the foreseeable future shall continue to be zero. However, this would put this on the books in lieu of, in the case where we have Gold Star Parents that are qualifying in the future when the town does have a property tax. I think the good news is that we are blessed that I do not think we have very many people that are going to qualify for this exemption but for those that 343 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 do I think the general sentiment is that it is a very very minimal token that the Town is authorized by the State to offer to people that have suffered that kind of loss and sacrifice in the service of their country. With that said I will open this public hearing. If there are any members that would like to comment on this public hearing just ask that you raise your hand. Hearing none I will close the public hearing and entertain a motion. RESOLUTION ENACTING LOCAL LAW NO. 10 OF 2008 TO AMEND QUEENSBURY TOWN CODE CHAPTER 155, “TAXATION” TO ADD A NEW ARTICLE IV, “EXEMPTION FOR GOLD STAR PARENTS” RESOLUTION NO. 571, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 10 of 2008 to amend Queensbury Town Code Chapter 155, “Taxation,” to add a new Article IV thereof entitled, "Exemption for Gold Star Parents,” to provide for a real property tax exemption to a “Gold Star Parent,” a parent or parents of a child who died in the line of duty while serving in the United States Armed Forces during a period of war in accordance with New York State Real Property Tax Law §458-a, and WHEREAS, this legislation is authorized in accordance with New York State Real Property Tax Law §458-a and New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board duly held a public hearing on Monday, December th 15, 2008 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 10 of 2008 to amend Queensbury Town Code Chapter 155, “Taxation,” to add a new Article IV thereof entitled, "Exemption for Gold Star Parents,” as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance 344 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer LOCAL LAW NO.: 10 OF 2008 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 155 “TAXATION” to add a new article iv, “exemption for gold star parents” BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. The purpose of this law is to grant a real property tax exemption to a Gold Star Parent as such term is defined herein, in accordance with New York State Real Property Tax Law §458-a(7) to recognize the sacrifices made by parents of men and women who have died in the line of duty while serving in the armed forces during a period of war by extending the real property tax exemptions granted to veterans by New York State Real Property Tax Law §458-a to Gold Star Parents. This Local Law is adopted in accordance with New York State Municipal Home Rule Law Article 2, §10. Section 2. Chapter 155 of the Queensbury Town Code entitled "Taxation," is hereby amended to add a new Article IV thereof entitled “Exemption for Gold Star Parents,” as follows: ARTICLE IV Exemption for Gold Star Parents. The purpose of this Article is to grant a real property tax exemption to a Gold Star Parent as such term is provided herein in accordance with New York State Real Property Tax Law §458-a(7). § 155-12. Exemptions granted. In accordance with New York State Real Property Tax Law §458-(7), the Queensbury Town Board hereby expands the definition of “qualified owner” contained in Real Property Tax Law §458-a to include a parent or parents of a child who died in 345 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 the line of duty while serving in the United States Armed Forces during a period of war (hereinafter “Gold Star Parent”) and hereby expands the definition of “qualifying residential real property” contained in Real Property Tax Law §458-a to include property owned by a Gold Star Parent provided the same shall be the primary residence of the Gold Star Parent. The provisions of Real Property Tax Law §458-a shall be applicable to real property tax exemptions for Gold Star Parents. Section 4. Severability - The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 5. Repealer - All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local law are hereby repealed. Section 6. Effective Date - This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. 2.3PUBLIC HEARING - LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 9 ENTITLED, “COURT CLERK AND DEPUTY COURT CLERK POSITIONS” NOTICE SHOWN PUBLICATION DATE: 12-05-2008 Supervisor Stec-What this change would do is it would change the part time deputy court clerk position to a full time status. During a periodic review of personnel situations our accounting office discovered that we did have a situation in the court where a part time deputy clerk was essentially working a full time position and assuming that the Board agrees with the Judges that they want to continue to keep that person gainfully active as they have been and not make them be part time. The way to correct that would be through this local law to just change the definition from part time deputy court clerk to full time status. So, that is what this public hearing is about and if we pass this, that is what this would accomplish. With that said I will open this public hearing is there any member of the public that would like to comment on this public hearing? Seeing none I will close this public hearing and entertain a motion. RESOLUTION ENACTING LOCAL LAW NO. 11 OF 2008 TO AMEND QUEENSBURY TOWN CODE CHAPTER 9 ENTITLED, "COURT CLERK AND DEPUTY COURT CLERK POSITIONS" RESOLUTION NO. 572, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 346 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 11, 2008 to amend Queensbury Town Code Chapter 9 entitled, "Court Clerk and Deputy Court Clerk Positions," to change the part-time Deputy Court Clerk position to full- time status in order to be consistent with actual historical practice, and WHEREAS, such legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, the Town Board duly held a public hearing on Monday, December th 15, 2008 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 11 of 2008 to amend Queensbury Town Code Chapter 9 entitled, "Court Clerk and Deputy Court Clerk Positions," as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer LOCAL LAW NO.: 11 OF 2008 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE BY AMENDING CHAPTER 9 ENTITLED "COURT CLERK AND DEPUTY COURT CLERK POSITIONS” 347 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Queensbury Town Code Chapter 9 entitled, “Court Clerk and Deputy Court Clerk Positions,” §9-3 entitled, “Creation of Deputy Court Clerk Position”is hereby amended as follows: §9-3. Creation of Deputy Court Clerk Position. full-time The Town Board wishes to establish the part-time position of Deputy § Court Clerk in accordance with New York State Uniform Justice Court Act 109. The Deputy Court Clerk will assist the Court Clerk in the performance of his/her/their duties along with any other assigned duties, and in such duties, the Deputy Court Clerk will at times act for and in place of the Court Clerk. The Town Board’s intention is that the Deputy Court Clerk position be Civil Service exempt. Section 2. Severability. If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. Section 3. Repealer. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. Section 4. Effective Date. This Local Law shall take effect immediately upon its filing in the Office of the Secretary of State as provided in Municipal Home Rule Law §27. 2.4PUBLIC HEARING – LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 140, “SIGNS” RELATING TO DIGITAL BILLBOARDS NOTICE SHOWN PUBLICATION DATE: 12-05-2008 348 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Supervisor Stec-In this one actually our Code Enforcement Officer Craig Brown pointed this out to me about a month or so ago, maybe a little longer that his concern that our current code where it speaks to signs and particularly to billboards was silent on the question or the issue of electronic billboards ie what might be out in front of the Civic Center as a local example and literally the only change here that is proposed by this public hearing would be to insert language that reads; Signs known as digital billboards, electronic display panels and similar LED digital advertising display shall be prohibited. So, it would not allow them to come here. There are currently not many if any there might be one or two small marquee signs on Quaker Road that have gone this route but this would stop any further proliferation. I will open the public hearing if there are any members of the public that would like to comment on this public hearing? Mr. Doug Auer-Good evening, I heard mention of this at the last meeting. I am just curious, school districts I noticed in some areas are going to these types of things because of constant changes in activities especially big school district or at least a campus that has a lot of students on it. Would a municipality or would a government thing like a school be exempt from that if at some point in time they would consider doing something like that? Supervisor Stec-I know as a general rule that often times municipal projects or properties such as school are exempt from zoning I think it is on a situational basis depending on what the zoning issue is as to whether or not it qualifies and that is left to the Code Enforcement Officer. So, in this particular instance I am not sure if they would or they wouldn’t . Councilman Strough-Should they not be exempt they could still apply for a variance. Supervisor Stec-Any other comment or questions? Mr. Sipp Mr. Don Sipp-Don Sipp, Court House Drive In the heading on this we were ..the digital billboards, now in the beginning of this Chapter 140 is a description or a definition of a billboard which is greater than a hundred and fifty square feet it is not on the property which is advertising and it is a free standing or can be a free standing sign. Now, are you referring only to billboards in this change? Supervisor Stec-No, signs that are known as digital billboards, electronic display panels and similar LED digital advertising displays shall be prohibited. Councilman Strough-No, you are right Don, that headline might not be best worded that way but it is under the illumination part of the code. Mr. Sipp-I just wanted to be sure that it covered all digital type signs. Now, the next sentence beyond what you have inserted here says does not prohibit a time temperature signs. Supervisor Stec-A bank they are the ones that have it. Mr. Sipp-I agree that they probably should, I just wanted to make sure that it stays in there as such. Supervisor Stec-It is not proposed to be deleted. Mr. Sipp-As for digital signs or any sign we have got to be a little more careful of being less more than a hundred feet from stop lights which is another provision of this sign ordinance. You have no red, yellow or green sign within a hundred feet of a stop light or traffic control. If this covers all types of signs then it makes the Planning Boards work a lot easier. Thank you. Supervisor Stec-Is there anyone else that would like to comment on this public hearing? All right I will close this public hearing and entertain a motion. 349 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLUTION ENACTING LOCAL LAW NO. 12 OF 2008 TO AMEND QUEENSBURY TOWN CODE CHAPTER 140, “SIGNS” RELATING TO DIGITAL BILLBOARDS RESOLUTION NO. 573, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 12 of 2008 to amend Queensbury Town Code Chapter 140 entitled, “Signs," §140-5, to bring certain new technologies under regulation by the Town’s sign provisions to ensure continued achievement of their purpose and intent, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board duly held a public hearing on Monday, December th 15, 2008 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 12 of 2008 to amend Queensbury Town Code Chapter 140, “Signs,” §140-5, as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None 350 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 ABSENT: Mr. Brewer LOCAL LAW NO.: 12 OF 2008 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 140 “signs” BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Advances in digital technology have resulted in the creation of types of advertising displays not envisioned when the provisions of the Town Code regulating signs were originally adopted. This Local Law is adopted in order to bring certain new technologies under regulation by the Town’s sign provisions to ensure continued achievement of their purpose and intent. Section 2. Chapter 140 of the Queensbury Town Code entitled, "Signs," §140-5 entitled "General Standards and Regulations," is hereby amended by adding the following sentence to paragraph B entitled “Illumination”: B. Illumination. All illuminated signs shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent sequences or moving lights. No bare lamps, bare bulbs or fluorescent tubes over 40 watts shall be allowed. No bare lamps or bare bulbs on a string shall be allowed. The provisions of this subsection shall not be applied so as to prohibit a sign changing to show time or temperature. No sign shall use reflective material which sparkles Signs known as digital billboards, electronic display panels or glitters. and similar LED digital advertising displays shall be prohibited. Section 3. Severability - The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 4. Repealer - All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local law are hereby repealed. Section 5. Effective Date - This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. 351 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 3.0PRIVILEGE OF THE FLOOR Mr. Paul Naylor-RE: School Letter – no cost for all the things that they are proposing to do, they forgot that I am a State Taxpayer I guess. I put a road in there a few years ago why did they take it out John? Councilman Strough-I do not know. Mr. Naylor-They want to add on but they can’t because it is town, it belongs to them, John, it is a road by use, from the edge of the blacktop to their blacktop they own if they want to put another lane in. Councilman Strough-I do not think that is part of this project. Most of the program that they are doing, is for the Middle School renovation and it has nothing to do with the extra lane. Mr. Naylor-I still don’t know why they took the driveway out. Mr. Skip Stranahan-1343 Bay Road I would like to ask a couple of questions, mostly Mr. Montesi mentioned about the settlement last week, something about the Stranahan’s wouldn’t be willing to fix it. I would like to inform the Town Board we would be willing to make any remediation that the environment needed. We would not be willing to make a road up where the road doesn’t belong. What I would like to address here is that we wouldn’t proceed to make ditches or dig with track hoes when the road was posted by the Town. The other thing is I would also like to state that we would have an interest in the way that the settlement was handled not doing anything to remediate any of the problem on the road. The two lots that are designated in the settlement are not any part of Roger Boor posted. The green signs were never on these two lots, the green signs the posted signs were put out by you people were put out down closer to our mill and on the Bear Pond lot which are absolutely not in that agreement to my knowledge that seems kind of ludicrous, it should have been covered at least to protect the people. We would be willing absolutely to clarify anything that anybody wants to know about this and we absolutely have been good stewards of that land and we never would have built that road in the first place, if it was up to the Stranahan Brothers which were the original owners. Mr. Dan Daniels-Aviation Road I understand we are making some possible moves for the Court house to move up to the Jail area? Supervisor Stec-I would not get excited about that yet. That is barely on the drawing board a long way before a decision. Mr. Daniels-I understand the jail bars and a lot of the areas are covered with lead paint and asbestos, I am sure you will keep that all in mind as we pursue it. Supervisor Stec-We will need to do an analysis, engineering and environmental research before the first hammer is swung in there. Mr. John Salvador-Resident of North Queensbury I delivered to your attention a letter addressed to North Queensbury Fire Company concerning their audit report. The report pointed out a number of deficiencies that I really don’t know how they will take care of but I have asked for information, the FOIL request is directed to them. Related party transaction, in the report the Company purchases supplies for parties and meetings from a local business that is owned by a Board Member, in two successive years the total amount is twenty six, twenty seven thousand dollars. The contract that you have with that Fire Company has a provision in it that prohibits this sort of activity. Supervisor Stec-Noted that he asked that the Company expeditiously answer your questions and have been assured that they are going to be doing that. 352 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Mr. Salvador-One budget item last year was four thousand dollars for professional fees, they actually spent eighteen thousand seven hundred and six dollars. This is irresponsible that you budget on annual basis and exceed the budgeted amount by over four times. I have asked for an accounting of what kind of professional fees they are paying. They report interest income close to nine thousand dollars, do you know the kind of a bank account you have to have today to earn nine thousand dollars in interest in a year? That is our money and if that is being salted away up there then it should be used to reduce their budget. We are being over taxed for that operation. In the budget we are paying for a mortgage, and capital cost of equipment and then they show depreciation as an operating expense this is unheard of. This means we are paying for the building and equipment twice once in the budget and second time in depreciation. The fire house is due to be paid for this year how long is that depreciation going to go on? Mr. Pliney Tucker-41 Division Road, Queensbury Res. 4.49 and 4.50 Has that sewer district been established? Supervisor Stec-Res. 4.50 deals with issuance of Serial Bonds for the Sewer Dist. West Queensbury we did create it. Mr. Tucker-The bonding is going to be a charge of the district? Supervisor Stec-Yes. Mr. Tucker-Monday night workshop you had a hearing on Emergency Services or Fire Services. Supervisor Stec-We did not have a hearing we discussed briefly where we think we are heading with the contract for West Glens Falls EMS, their contract is due to expire this th year. We will set a public hearing tonight for January 5 to give them another one year contract. We did not meet with them we discussed this amongst ourselves. Mr. Tucker-Was the Post Star right that it was discussed in Executive Session? Supervisor Stec-We were talking about the engagement of a company for services and their history and compensation and our negotiation position, yes. Mr. Tucker-At the public hearing I will be able to talk about this? Supervisor Stec-Absolutely. Mr. Doug Auer-16 Oakwood Drive I am troubled to see Tim Brewer not here, I know he suffered an unfortunate accident and with someone who has a back problem myself I wish him all the best. It is an awful thing to happen. I am not running for any public office I won’t do that I ran twice and I learned that I am not electable for a lot of reasons. I think John Salvador is a patriot and you characterized him Dan, as a hobby litigist, I believe is that right? The Macchio thing which I guess it is a done deal is that right? Supervisor Stec-The final papers have not been signed. Mr. Auer-How is that there wasn’t a single violation brought by DEC when you had numerous stream contaminations, I forget the term that was used, stream disturbances and there was not a single DEC action brought against this? How is it that Mr. Macchio received no fine, nothing? Supervisor Stec-I will added though in addition to no DEC violations I think APA was also brought in there on more than one occasion and there was no APA violations either. 4.0RESOLUTIONS 353 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE LOCATED ON PROPERTY OWNED BY DANIEL SEARLES RESOLUTION NO. 574, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) inspected a demolished structure on property owned by Daniel Searles located at 16 Homer Avenue in the Town of Queensbury (Tax Map No.: 302.8-1- 26) and found that all demolition debris from the structure has not been cleaned up and a hole from the foundation has not been filled and leveled and so the structure and property is generally in disrepair, unusable and unsafe, and WHEREAS, the Director advised Mr. Searles to take appropriate measures to ensure that the demolition debris be immediately cleaned up/removed and any holes on the rd property be filled and leveled, as more specifically set forth in the Director’s November 3, 2008 letter to Mr. Searles as presented at this meeting, and WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the property is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owner fails to clean-up and remove the demolition debris and fill and level all holes, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion the property is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the demolition debris be removed and any holes be filled in and leveled, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board is of the opinion that the property owned by Daniel Searles and located at 16 Homer Avenue in the Town of Queensbury (Tax Map No.: 302.8-1-26) appears to be dangerous and unsafe to the public, and BE IT FURTHER, 354 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLVED, that the Town Board shall hold a hearing concerning such dangerous th and unsafe property on Monday, January 26, 2009 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or his executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law §130(16). th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Brewer RESOLUTION REAPPOINTING TIM CONBOY AS MEMBER OF TOWN RECREATION COMMISSION RESOLUTION NO. 575, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State Law, and WHEREAS, the term of Recreation Commission member Tim Conboy has expired and Mr. Conboy wishes to be reappointed to the Commission, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Tim Conboy to serve as a member of the Town of Queensbury Recreation Commission until his term st expires on December 31, 2015. 355 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: RESOLUTION AUTHORIZING ACCEPTANCE OF ARTWORK OF JIM PALMER FROM MARION PALMER RESOLUTION NO.: 576, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Marion Palmer, widow of Jim Palmer, has offered to donate to the Town of Queensbury her late husband’s paintings that are currently on display at the Town of Queensbury Office Building in memory of her late husband, and WHEREAS, the Town Board is honored by Mrs. Palmer’s generous offer and feels that the continued display of Mr. Palmer’s artwork at the Town Offices will benefit Town residents and therefore the Board wishes to authorize such donation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the donation of Jim Palmer’s artwork from his widow, Mrs. Marion Palmer, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to send a certified copy of this Resolution to Mrs. Palmer with a letter from the Town thanking Mrs. Palmer for her generosity in donating her late husband’s artwork to the Town. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer 356 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLUTION AUTHORIZING RENEWAL OF INTERMUNICIPAL AGREEMENT BETWEEN CITY OF GLENS FALLS AND TOWN OF QUEENSBURY FOR EMPLOYMENT OF ROSEMARY SILLERO RESOLUTION NO.: 577, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 457,2007, the Queensbury Town Board authorized an Intermunicipal Agreement between the Town of Queensbury and the City of Glens Falls to share the costs of employment for Rosemary Sillero, a food preparation worker for the Meals on Wheels Program, a program operated and administered by the Warren/Hamilton Counties Office of the Aging, and WHEREAS, the Town and City wish to authorize a renewal of such Intermunicipal Agreement substantially in the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the renewal of the Intermunicipal Agreement between the Town and City of Glens Falls to share the costs of employment for Rosemary Sillero, a food preparation worker for the Meals on Wheels Program, a program operated and administered by the Warren/Hamilton Counties Office of the Aging, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any and all necessary documents to effectuate this Resolution, including the Intermunicipal Agreement substantially in the form presented at this meeting, and the Town Supervisor and Town Budget Officer to take any actions necessary to effectuate the terms of the Intermunicipal Agreement. th Duly adopted this 15 day of December, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Brewer 357 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLUTION AUTHORIZING ENGAGEMENT OF C. T. MALE ASSOCIATES, P.C., FOR ENGINEERING SERVICES IN CONNECTION WITH WATER MAIN REPLACEMENT PROJECT IN BROADACRES, CARLTON DRIVE AND LYNNFIELD DRIVE AREAS RESOLUTION NO.: 578, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury’s Water Superintendent has requested a proposal for engineering services concerning the replacement of water mains in the Carlton Drive area, Broadacres in the Hughes Court area, and off Aviation Road in the Lynnfield Drive area in the Town of Queensbury (Project), and WHEREAS, the Water Superintendent has recommended that the Town Board authorize engagement of C.T. Male Associates, P.C., for engineering services related to such Project for a fee not to exceed $94,732.00 as delineated in C.T. Male’s Proposal dated th November 24, 2008 presented at this meeting, 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 up to a 5% contingency for Change Orders that he deems necessary or appropriate, and WHEREAS, the Town Board wishes to have the source of funds be Capital Fund #141, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates, P.C. for engineering services concerning the replacement of water mains in the Carlton Drive area, Broadacres in the Hughes Court area, and off Aviation Road in the Lynnfield Drive area in the Town of Queensbury (Project), for an amount not to exceed $94,732.00 as delineated in C.T. Male Associates P.C.’s Proposal th datedNovember 24, 2008 presented at this meeting, and BE IT FURTHER, 358 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a 5% contingency or in the total amount not exceeding $4,736.60 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to amend the budget as follows: Increase Appropriation 141-8340-4403 - Engineer/Surveyor - $94,732.00; Decrease Appropriation 141-9710-6010 - Serial Bond - $94,732.00; 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. 141-8340-4403, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all actions needed to transfer such funds and amend the 2008 Town Budget as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer 359 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLUTION AUTHORIZING EXTENSION OF APPOINTMENT OF BARBARA SEYMOUR AS TEMPORARY ANIMAL CONTROL OFFICER RESOLUTION NO.: 579, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 534,2008, the Queensbury Town Board authorized the hiring of Barbara Seymour as the Town’s Animal Control Officer on a temporary basis until such time that the full-time Animal Control Officer returned to work, such appointment expected to last less than 30 days, and WHEREAS, the Town’s Director of Building and Codes has advised that the full- time Animal Control Officer’s vacancy is expected to last indefinitely, and WHEREAS, the Director of Building and Codes Enforcement (Director) has therefore recommended Town Board approval to extend Ms. Seymour’s appointment indefinitely until such time that the Town’s full-time Animal Control Officer returns to work, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the extension of Barbara Seymour’s appointment as the Town’s Animal Control Officer on an indefinite basis until such time that the full-time Animal Control Officer returns to work, and BE IT FURTHER, RESOLVED, that Ms. Seymour shall be paid at the rate of pay delineated for the position in the Town’s Agreement with CSEA to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or 360 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT : Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK BALLOON FESTIVAL RESOLUTION NO.: 580, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has received a request for funding from the th Adirondack Balloon Festival to assist in funding its 37 Adirondack Hot Air Balloon Festival to be held in the Town of Queensbury in September, 2009, and WHEREAS, such event is expected to draw thousands of people to the Town of Queensbury and its surrounding area’s 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 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 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 provide funding to the Adirondack Balloon Festival in the amount of $1,300 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and the Adirondack Balloon Festival has been presented at this meeting, 361 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes th funding to the Adirondack Balloon Festival to assist in funding its 37 Adirondack Hot Air Balloon Festival to be held in the Town of Queensbury in September, 2009 and the Agreement between the Town and the Adirondack Balloon Festival substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with such funding not exceeding the sum of $1,300 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 001-6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK THEATRE FESTIVAL RESOLUTION NO. 581, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 484,2007, 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 WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and 362 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 WHEREAS, the Adirondack Theatre Festival presents numerous performances and events annually in the Town of Queensbury and the City of Glens Falls, thereby promoting the cultural development of the community, and WHEREAS, the Town Board wishes to provide funding to the Adirondack Theatre Festival in the amount of $3,000 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Adirondack Theatre Festival for the year 2009 for the promotion of performances and events to Town residents, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Adirondack Theatre Festival substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $2,500 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from the appropriate account as will be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 15 of December, 2008 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND AMERICAN LEGION POST 1797 RESOLUTION NO. 582, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi 363 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 WHEREAS, the Town of Queensbury wishes to enter into an Agreement with American Legion Post 1797, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and American Legion Post 1797 for the year 2009 with funding for the Agreement not exceeding the sum of $300 and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT : Mr. Brewer RESOLUTION AUTHORIZING BADGER METER INC. TO CONTINUE PROVIDING RADIO READ METERS AND ACCESSORIES TO TOWN WATER DEPARTMENT DURING 2009 RESOLUTION NO.: 583, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board previously authorized Badger Meter, Inc. to provide radio read meters and accessories to the Town Water Department, and WHEREAS, the Water Superintendent has recommended that the Town of Queensbury continue to use the Badger meter system and has therefore requested Town Board authorization to allow Badger Meter, Inc. to continue providing radio read meters and accessories to the Town Water Department during 2009 for a total sum not to exceed $125,000, NOW, THEREFORE, BE IT 364 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLVED, that the Queensbury Town Board hereby authorizes Badger Meter, Inc. to continue providing the Town of Queensbury Water Department with radio read meters and accessories during 2009 for a total sum not to exceed $125,000., to be paid for from Account No.: 40-8340-2300, as previously approved in the 2009 budget, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Budget Officer and/or Accountant to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BIG BROTHERS/BIG SISTERS RESOLUTION NO. 584, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury wishes to enter into an agreement with Big Brothers/Big Sisters for the year 2009, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Big Brothers/Big Sisters for the year 2009 with funding for the Agreement not exceeding the sum of $1,000 and authorizes and directs the Town Supervisor to execute the Agreement, with funding to be paid for from the appropriate Town account. 365 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND CARITAS, INC. RESOLUTION NO. 585, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to enter into an agreement with Caritas, Inc., for the year 2009, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Caritas, Inc., for the year 2009 with funding for the Agreement not exceeding the sum of $2,500 and authorizes and directs the Town Supervisor to execute the Agreement, with funding to be paid for from the appropriate Town account. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE CHAPMAN MUSEUM RESOLUTION NO.: 586, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION 366 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 484,2007, 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 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 provide funding to the Chapman Museum in the amount of $17,000 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Chapman Museum for the year 2009 for the promotion of performances and events to Town residents, and WHEREAS, a proposed agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Chapman Historical Museum substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $17,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from the appropriate account as will be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer 367 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLUTION AUTHORIZING CONTRACT WITH COUNCIL FOR PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE FOR PROVISION OF THE WARREN COUNTY YOUTH COURT PROGRAM RESOLUTION NO.: 587, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury wishes to contract with the Council for Prevention of Alcohol and Substance Abuse, Inc., for the provision, development and enhancement of the Warren County Youth Court Program for the year 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Council for Prevention of Alcohol and Substance Abuse, Inc., for the year 2009 with funding for the Agreement not exceeding the sum of $15,000 in the form substantially presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF CUSACK & COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT TOWN OF QUEENSBURY’S FINANCIAL STATEMENTS FOR FISCAL YEAR ENDING DECEMBER 31, 2008 RESOLUTION NO.: 588, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 368 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 WHEREAS, the Queensbury Town Board previously authorized engagement of the services of Cusack & Company, CPA’s (Cusack) to audit the Town of Queensbury’s financial statements for the fiscal year ending December 31, 2007, and WHEREAS, the Town Board has been pleased with the services of Cusack and wishes to continue engagement of its services, and WHEREAS, Cusack has offered to audit the Town’s financial statements for the fiscal year ending December 31, 2008 at a cost not to exceed $18,900 as more specifically th set forth in its letter dated November 17, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes continuation of the auditing services of Cusack & Company, CPA’s to provide auditing services to the Town of Queensbury for the year ending December 31, 2008 for an amount not to exceed $18,900 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and the Town Supervisor and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT WITH RICHARD H. DINOLFO, CERTIFIED PUBLIC ACCOUNTANT FOR PROVISION OF PROFESSIONAL ACCOUNTING AND CONSULTING SERVICES RESOLUTION NO.: 589, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 369 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 WHEREAS, the Town of Queensbury’s Budget Officer has recommended that the Town Board authorize engagement of Richard H. Dinolfo, Certified Public Accountant, to provide professional accounting and consulting services to the Town of Queensbury through st December 31, 2009 as more fully set forth in Mr. Dinolfo’s proposal to the Town dated th November 30, 2008 and presented at this meeting, and WHEREAS, the Town Board wishes to authorize such services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Richard H. Dinolfo, Certified Public Accountant for provision of professional accounting and consulting services to the Town of Queensbury, to be billed at the rate of $135 per hour st of service time provided through December 31, 2009, as generally described in Mr. th Dinolfo’s November 30, 2008 proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign such proposal substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that payment for such services shall be from the appropriate Town accounts as may be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board and 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 15 day of December, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE FEEDER CANAL ALLIANCE 370 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLUTION NO.: 590, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 484,2007, 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 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 provide funding to the Feeder Canal Alliance in the amount of $2,500 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Chapman Museum for the year 2009 for the preservation and promotion of the Feeder Canal and the historic towpath trail, and WHEREAS, a proposed agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Feeder Canal Alliance substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $2,500 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from the appropriate account as will be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 15 day of December, 2008, by the following vote: 371 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS ANIMAL HOSPITAL RESOLUTION NO. 591, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in the past the Town of Queensbury has contracted with the Glens Falls Animal Hospital (Animal Hospital) for the Animal Hospital’s board of animals and as necessary, euthanasia and cremation services and the Town has paid for services provided by the Animal Hospital in accordance with the schedule of fees established by the Animal Hospital, and WHEREAS, the Town of Queensbury wishes to enter into a written agreement with the Animal Hospital for the Animal Hospital’s boarding of animals and as necessary, euthanasia and cremation services, and WHEREAS, a proposed Agreement for the year 2009 has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the 2009 Agreement between the Town and Glens Falls Animal Hospital providing for the Glens Falls Animal Hospital’s boarding of animals and as necessary, euthanasia and cremation services, 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 the Agreement on behalf of the Town of Queensbury, and the Town Board further authorizes and directs the Town Supervisor, Animal Control Officer and/or 372 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 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 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS AREA YOUTH CENTER RESOLUTION NO.: 592, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to the Town to provide services and benefits such as career counseling and dinners to economically disadvantaged youths residing in the Town of Queensbury and therefore wishes to enter into an agreement with the Glens Falls Area Youth Center for the provision of these services and benefits, and WHEREAS, a proposed agreement for the year 2009 has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Glens Falls Area Youth Center for the year 2009 with funding for the Agreement not exceeding the sum of $11,000 and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer 373 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS HOSPITAL – CENTER FOR OCCUPATIONAL HEALTH - FOR SUBSTANCE TESTING SERVICES AND PHYSICAL EXAMS RESOLUTION NO.: 593, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to enter into an Agreement with the Glens Falls Hospital – Center for Occupational Health (Center) to provide such services as physical exams and substance testing in accordance with Federal Motor Carrier Safety Regulations (FMCSR) for the Town during 2009, and WHEREAS, the Center has offered to perform such services in accordance with the terms and provisions of the letter-form Agreement presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the letter-form Agreement between the Town of Queensbury and the Glens Falls Hospital – Center for Occupational Health (Center) substantially in the form presented at this meeting to provide such services as physical exams and substance testing with the costs for such services to be paid for from the appropriate accounts, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the letter-form Agreement and the Town Supervisor and/or Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer 374 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SOAP BOX DERBY RESOLUTION NO.: 594, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 484,2007, 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 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 provide funding to the Glens Falls Soap Box Derby in the amount of $5,000 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Glens Falls Soap Box Derby for the th promotion of the 7 Annual Soap Box Derby in the City of Glens Falls in June, 2009, and WHEREAS, a proposed agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Glens Falls Soap Box Derby substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $5,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from the appropriate account as will be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. 375 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SYMPHONY ORCHESTRA, INC. RESOLUTION NO.: 595, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 484,2007, 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 WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Glens Falls Symphony Orchestra, Inc., (Symphony) helps to promote the cultural development of the community, attracts many persons to the Queensbury area and provides an economic boon to the community, and WHEREAS, the Town Board wishes to provide funding to the Symphony in the amount of $3,000 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Symphony for the year 2009 for the promotion of performances and events to Town residents, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Glens Falls Symphony Orchestra, Inc., substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $3,000 and to be 376 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 provided by occupancy tax revenues the Town receives from Warren County, to be paid for from the appropriate account as will be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GREATER GLENS FALLS SENIOR CITIZENS, INC. RESOLUTION NO.: 596, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to provide social and recreational activities and programs to Town of Queensbury senior citizens and therefore wishes to contract with the Greater Glens Falls Senior Citizens, Inc. for senior citizen recreational and social activities and programs, and WHEREAS, a proposed agreement between the Town and the Greater Glens Falls Senior Citizens, Inc. has been presented at this meeting, and WHEREAS, this agreement is permitted and authorized by New York State General Municipal Law §95A, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Greater Glens Falls Senior Citizens, Inc., for the year 2009 with funding for the Agreement not exceeding the sum of $2,000 and authorizes and directs the 377 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Town Supervisor to execute the Agreement with funding to be paid from the appropriate Town account. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND HYDE COLLECTION RESOLUTION NO. 597, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 484,2007, 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 WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Hyde Collection helps to promote the cultural development of the community, attracts many persons to the Queensbury area and provides an economic boon to the community, and WHEREAS, the Town Board wishes to provide funding to the Hyde Collection in the amount of $10,000 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Hyde Collection for the year 2009 for the promotion of events to Town residents, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Hyde Collection substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with 378 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 funding for the Agreement not exceeding the sum of $10,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from the appropriate account as will be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING CONTRACT WITH LOWER ADIRONDACK REGIONAL ARTS COUNCIL (LARAC) RESOLUTION NO.: 598, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 484,2007, 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 WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Lower Adirondack Regional Arts Council (LARAC) helps to promote the cultural development of the community, attracts many persons to the Queensbury area and provides an economic boon to the community, and WHEREAS, the Town Board wishes to provide funding to LARAC in the amount of $1,500 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with LARAC for the year 2009 for the promotion of events to Town residents, and 379 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Lower Adirondack Regional Arts Council (LARAC) substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $1,500 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from the appropriate account as will be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LITERACY NENY RESOLUTION NO.: 599, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to the Town to provide remedial reading services to Town of Queensbury adult residents with reading difficulties and therefore wishes to enter into an agreement with Literacy NENY – Volunteers Serving Warren, Washington and Saratoga Counties for the provision of these services, and 380 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 WHEREAS, a proposed agreement for the year 2009 between the Town of Queensbury and Literacy NENY has been presented at this meeting, WHEREAS, in accordance with the Town Ethics Code, the Town Supervisor has disclosed that he is the current President of Literacy NENY, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Literacy NENY for the year 2009 with funding for the Agreement not exceeding the sum of $7,000 and authorizes and directs the Town Supervisor or Deputy Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mr. Brewer ABSTAIN: Mr. Stec RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE MOHICAN GRANGE #1300 RESOLUTION NO.: 600, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 484,2007, 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 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 provide funding to the Mohican Grange #1300 in the amount of $1,500 with occupancy tax revenues received from Warren County 381 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 and accordingly enter into an agreement with the Mohican Grange #1300 for the year 2009 for the promotion of the Lakes to Locks exhibits, and WHEREAS, a proposed agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Mohican Grange #1300 substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $1,500 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from the appropriate account as will be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Brewer ABSTAIN: Mr. Montesi RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND FRIENDS OF MOUNTAINSIDE LIBRARY RESOLUTION NO. 601, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Friends of Mountainside Library for the year 2009, and 382 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 WHEREAS, a proposed Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Friends of Mountainside Library for the year 2009 with funding for the Agreement not exceeding the sum of $1,500 and authorizes and directs the Town Supervisor to execute the Agreement, with funding to be paid for from the appropriate Town account. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING CONTRACT TO PROVIDE FUNDING TO LOCAL COMMITTEE ORGANIZING THE NEW YORK STATE HIGH SCHOOL BASKETBALL CHAMPIONSHIPS RESOLUTION NO.: 602, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 484,2007, 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 WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the New York State High School Basketball Championships for the year 2009 to be held in Glens Falls in March, 2009 attracts many persons to the Queensbury area and provides an economic boon to the community, and WHEREAS, the Town Board wishes to provide funding to the local committee organizing the New York State High School Basketball Championships in the amount of $5,000 with occupancy tax revenues received from Warren County and accordingly enter 383 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 into an agreement with the local committee organizing the New York State High School Basketball Championships for the year 2009, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the local committee organizing the New York State High School Basketball Championships substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $5,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from the appropriate account as will be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND SUPPORT SERVICES FOR 2008/2009 AND PROVISION OF 2008 STANDARD YEAR END SERVICES RESOLUTION NO.: 603, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to engage the services of PENFLEX, INC. Service Award Program Specialists to provide administration and support services during 2008/2009, the 2008 standard year end administration services for the Town 384 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 of Queensbury’s Volunteer Firefighter Service Award Program and the LOSAP Audit Package, as outlined in PENFLEX’s Service Fee Agreement presented at this meeting, and WHEREAS, PENFLEX will provide these services for the estimated cost of $11,795., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the engagement of PENFLEX, INC. to provide administration and support services during 2008/2009 and the 2008 standard year end administration services for the Town of Queensbury’s Volunteer Firefighter Service Award Program at the estimated cost of $11,795., to be paid from the appropriate account as determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the agreement with PENFLEX, INC. presented at this meeting and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2008 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LITTLE LEAGUE, INC. RESOLUTION NO. 604, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury wishes to enter into an Agreement with the Queensbury Little League, Inc., and 385 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 WHEREAS, a proposed Agreement for the year 2009 has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Queensbury Little League, Inc., for the year 2009 with funding for the Agreement not exceeding the sum of $15,000 and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY SENIOR CITIZENS, INC. RESOLUTION NO.: 605, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board believes it appropriate and beneficial to provide social and recreational activities and programs to Town of Queensbury senior citizens and therefore wishes to contract with the Queensbury Senior Citizens, Inc. for these types of activities and programs, and WHEREAS, a proposed Agreement between the Town of Queensbury and Queensbury Senior Citizens, Inc. has been presented at this meeting, and WHEREAS, this Agreement is permitted and authorized by New York State General Municipal Law §95A, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and Queensbury Senior Citizens, Inc. for the year 2009 with funding for the Agreement not exceeding the sum of $7,000 and authorizes and directs the Town 386 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING CONTRACT WITH SARATOGA MUSICAL UNION RESOLUTION NO.: 606, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 484,2007, 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 WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Saratoga Musical Union helps to promote the cultural development of the community, attracts many persons to the Queensbury area and provides an economic boon to the community, and WHEREAS, the Town Board wishes to provide funding to the Saratoga Musical Union in the amount of $6,230 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Saratoga Musical Union for the year 2009 for the promotion of performances and events to Town residents, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Saratoga Musical Union substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $6,230 and to be provided by 387 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 occupancy tax revenues the Town receives from Warren County, to be paid for from the appropriate account as will be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH WARREN SNOWMOBILE CLUB RESOLUTION NO.: 607, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 484,2007, 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 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 provide funding to the South Warren Snowmobile Club in the amount of $5,000 with occupancy tax revenues received from Warren County and accordingly enter into an Agreement with the South Warren Snowmobile Club for the year 2009 for the marking and grooming of snowmobile trails and promotion of events to Town residents, and WHEREAS, a proposed Agreement has been presented at this meeting, 388 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the South Warren Snowmobile Club substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $5,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from the appropriate account as will be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING CONTRACT WITH WARREN COUNTY HISTORICAL SOCIETY RESOLUTION NO.: 608, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 484,2007, 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 WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and 389 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 WHEREAS, the Warren County Historical Society (Historical Society), is a not- for-profit educational organization chartered in 1997 by the New York Education Department for the collection, preservation, and promotion of the heritage of Warren County, including the Town of Queensbury, and WHEREAS, the Historical Society has and will benefit the Town’s residents by continuing to contribute to the promotion and preservation of the Town’s history and heritage, and by preserving and promoting the historical significance of the former firehouse, and WHEREAS, the Town Board wishes to provide funding to the Historical Society in the amount of $2,500 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Historical Society for the year 2009 for general promotion purposes, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Warren County Historical Society substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $2,500 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from the appropriate account as will be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Stec NOES : None ABSENT: Mr. Brewer ABSTAIN: Mr. Strough 390 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLUTION AUTHORIZING AGREEMENT BETWEEN WARREN COUNTY ACTING FOR AND ON BEHALF OF WARREN- HAMILTON COUNTIES’ OFFICE FOR THE AGING AND TOWN OF QUEENSBURY RESOLUTION NO. 609, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Warren County, on behalf of the Warren-Hamilton Counties’ Office for the Aging, is authorized to establish, operate and maintain programs and services for the elderly in Warren County and is authorized to contract with public, private and non-profit and voluntary agencies to provide such needed services for adults 60 years of age and over, and WHEREAS, the Town of Queensbury is capable of assisting Warren County in fulfilling this responsibility, and WHEREAS, Warren County has presented the Town Board with an Agreement for transportation for the elderly services for 2009, with Warren County to reimburse the Town up to fifty percent of the actual expenses incurred or up to the amount of $6,607 for the Town’s provision of these services, and WHEREAS, a copy of the proposed Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with Warren County on behalf of the Warren-Hamilton Counties’ Office for the Aging for the year 2009 substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement with insurance provisions consistent with Town Policy and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Brewer 391 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLUTION AUTHORIZING AGREEMENT WITH WELLCHOICE, INC. / WELLPOINT HOLDING CORP. FOR PROVISION OF ADMINISTRATIVE SERVICES FOR RETIREE DRUG SUBSIDY PROGRAM ADMINISTERED BY CENTERS FOR MEDICARE AND MEDICAID SERVICES RESOLUTION NO. 610, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 45,2007, the Queensbury Town Board authorized an Agreement between the Town of Queensbury and Wellchoice, Inc., now known as WellPoint Holding Corp. (WellPoint), to provide services related to the Town’s participation in the retiree drug subsidy program administered by the Centers for Medicare and Medicaid Services, and WHEREAS, the Town of Queensbury has been satisfied with WellPoint’s services and therefore wishes to enter into a similar Agreement for 2009, and WHEREAS, a proposed letter-form Agreement dated December 1, 2008 between the Town and WellPoint is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement between the Town of Queensbury and Wellchoice, Inc., now known as WellPoint Holding Corp. (WellPoint) to provide administrative services for the retiree drug subsidy for the year 2009 as set forth in the letter-form Agreement dated December 1, 2008 presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such letter-form Agreement substantially in the form presented at this meeting and any other needed documentation and the Town Supervisor, Town Budget Officer and/or Accountant to take such other and further action necessary to effectuate the terms of this Resolution. 392 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING CONTRACT WITH WORLD AWARENESS CHILDREN'S MUSEUM RESOLUTION NO. 611, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 484,2007, 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 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 provide funding to the World Awareness Children's Museum in the amount of $2,000 with occupancy tax revenues received from Warren County and accordingly enter into an Agreement with the World Awareness Children’s Museum for the year 2009 for the promotion of performances and events to Town residents, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the World Awareness Children’s Museum substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $2,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from the appropriate account as will be determined by the Town Supervisor and/or Town Budget Officer, and 393 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AZIMUTH SURVEYING & CARTOGRAPHY TO CONTINUE SURVEYING SERVICES FOR WATER AND SEWER EASEMENT MAPS IN CONNECTION WITH MAIN STREET PROJECT RESOLUTION NO.: 612, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.’s: 251.2001 & 74,2008 the Queensbury Town Board authorized engagement of the engineering services of Barton & Loguidice, P.C. (Barton) for the provision of engineering, planning and landscaping architecture services in connection with the proposed Main Street Infrastructure and Redevelopment Plan, and WHEREAS, upon the recommendation of Barton and by Resolution 299.2004 the Queensbury Town Board accepted a May 2004 proposal for services from Azimuth Surveying & Cartography to provide surveying services for utility easement maps in connection with this Project, and WHEREAS, the resulting 2004 purchase order has been expended, and Azimuth Surveying submitted a proposal dated November 14, 2008 for the continuation of these services, and WHEREAS, the Senior Planner has recommended that the Town Board accept this proposal and budget an additional twenty percent (20%) for a total estimated fee of three thousand six hundred dollars ($3,600), 394 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Azimuth Surveying & Cartography for the continuation of surveying services referenced in the preambles of this Resolution and as delineated in Azimuth’s November 14, 2008 letter presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for these surveying services in an amount not to exceed $3,600 shall be from Account No.: 126-5020-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary contract or documentation and the Town Supervisor, Senior Planner and/or Budget Officer to take such other and further action necessary to effectuate all terms of this Resolution. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF LOFTUS ROSS LLP, CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT TOWN OF QUEENSBURY FIRE COMPANIES AND EMERGENCY SQUADS FOR YEARS ENDED 2008 AND 2009 RESOLUTION NO.: 613, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 165,2006, the Queensbury Town Board authorized engagement of the services of Loftus Ross LLP to audit the statements of financial position and related statements of activities, functional expenses and cash flows, of the Town of 395 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Queensbury’s Fire Companies and Emergency Squads records, and also prepare the Federal Return of the Organizations Exempt From Income Tax (Form 990) and appropriate State Tax Returns, for the years ended 2005, 2006 and 2007, and WHEREAS, the Town Purchasing Agent requested and received, and with the Town Budget Officer reviewed, proposals from four (4) accounting firms for such auditing services for the years 2008 and 2009, and WHEREAS, Loftus Ross LLP submitted the lowest proposal for provision of these services for a sum not to exceed $22,300 for the year ended 2008 and $22,700 for the year ended 2009, and WHEREAS, the Town Purchasing Agent and Town Budget Officer have recommended that the Town Board again authorize engagement of Loftus Ross LLP as they submitted the lowest proposal and the Town has been very pleased with the quality of their work, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of the services of Loftus Ross, LLP, CPA’s to audit the Town’s Fire Companies and Emergency Squads records and provide tax services for the years ended 2008 and 2009 for an amount not to exceed $22,300 for the year ended 2008 and $22,700 for the year ended 2009, and BE IT FURTHER, RESOLVED, that payment for these services shall be paid for from Account No.’s: 005-3410-4401-4980 and 005-3410-4401-4981, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement or documentation and the Town Supervisor, Budget Officer and/or Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None 396 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 ABSENT: Mr. Brewer RESOLUTION AWARDING BIDS FOR ALUMINUM SULFATE/LIQUID ALUM, SODA ASH AND SODIUM HYPOCHLORITE RESOLUTION NO. 614, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury duly advertised for bids for Aluminum Sulfate/Liquid Alum, Soda Ash and Sodium Hypochlorite in accordance with the Town Water Department Bid Specifications, and WHEREAS, the Town’s Purchasing Agent, Water Superintendent and Water Engineer have reviewed the bids and recommended that the Town award the bids to the lowest responsible bidders , NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the following bids: LOWEST RESPONSIBLE ITEM BIDDER BID AMOUNT Aluminum Sulfate/Liquid Alum Holland Company, Inc. $456. per ton Soda Ash Astro Chemicals, Inc. $429. per ton Sodium Hypochlorite Slack Chemical Co., Inc. $0.989 per gallon to be paid from the appropriate Town Water Department Account(s), and BE IT FURTHER, st RESOLVED, that all such bid awards shall be effective through December 31, 2009 with an option at such time to extend such bid awards for a period of 12 months or st through December 31, 2010, with any extended bid award to be subject to the same terms and conditions of the original bid, with no surcharges, add-ons or tariffs to be added, and BE IT FURTHER, 397 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Water Engineer, Water Superintendent and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Brewer RESOLUTION ADOPTING PART-TIME HOURLY WAGE AND ANNUAL STIPEND, NON-MANAGEMENT, NON-UNION FULL- TIME STAFF AND MANAGEMENT STAFF SALARY SCHEDULES EFFECTIVE JANUARY 1, 2009 RESOLUTION NO.: 615, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to adopt new salary and wage schedules for its part-time hourly, non-management, non-union full-time and management staff for 2009, and WHEREAS, these salary schedules shall supersede all previously adopted salaries for these positions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the new salary and wage schedules for its part-time hourly, non-management, non-union full-time and management staff, effective January 1, 2009 as follows: 398 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Part-Time Hourly Wage and Annual Stipend Schedule Year 2009 Position Wage/Stipend Clerk-Assessor’s Office, Part-time $15.02/ per hour Cemetery Secretary $13.60/ per hour Court Officer – Hourly Rate $14.42/ per hour Court Officer-Service Fee $24.88/ per service School Traffic Officer (two hour guarantee) $14.67/ per hour Clerks, Temporary and Part-time $12.45/ per hour Laborer, Part-time $13.00/ per hour Meals On Wheels Clerk $ 7.15/ per hour Tax Receiver $7,554/ annually Historian $11,462/ annually Deputy Supervisor $ 1,620/ annually Purchasing Agent $ 5,356/ annually Fair Housing Officer $ 1,071/ annually Planning & Zoning Board Chairman $ 75 per meeting Secretary $ 70 Member $ 65 Board of Assessment Review Member $ 65 per session $ 7.25 – 9.50/per hour Recreation Program Attendant* 8.00 -12.00/per hour Recreation Maintenance* 10.00-15.00/per hour Recreation Program Specialist* 20.00-25.00/per hour Recreation Program Official/Instructor* *Seasonal Hires Individual Wages determined by Recreation Commission 399 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Non-Management - Non-Union Position Grade OT Salary OT ELIGIBLE Hourly Rate GIS Administrator 7 Ex 57,264 Maintenance Supervisor – Water 7 Ex 56,997 Senior Planner 7 Ex 54,789 Accountant 7 Ex 45,760 Code Compliance Officer 7 Ex 45,760 Legal Assistant 6 Ex 50,492 Fire Marshal 6 Ex 47,375 Deputy Town Clerk I 6 Ex 44,262 Assistant Director of Parks & Rec. 6 Ex 40,000 Land Use Planner 6 Ex 38,480 Court Clerk 5 Ex 45,443 Court Clerk 5 Ex 45,443 Confidential Secretary to Town Supervisor 5 Ex 38,070 Confidential Secretary to Highway Supt. 5 Ex 38,070 Aquatics Supervisor 5 Ex 34,880 Recreation Program Assistant 5 Ex 32,926 Records Clerk 4 Ex 34,358 Deputy Town Clerk II 4 Ex 33,458 Computer Technology Coordinator 7 53,000 25.4808 Parts Shop Foreman ungraded 41,175 19.7957 Data Collector/Appraiser 6 53,302 25.6260 Bldg & Zoning Enforcement Officer 5 47,848 23.0038 Bldg & Zoning Enforcement Officer 5 45,237 21.7486 Assistant to Assessor I 5 44,140 21.2212 Senior Account Clerk 5 42,481 20.4236 Billing Supervisor 5 41,732 20.0635 Deputy Receiver of Taxes 5 40,572 19.5058 Bldg & Zoning Enforcement Officer 5 39,968 19.2154 Deputy Court Clerk 5 37,119 17.8457 Assistant to Assessor II 5 36,649 17.6197 Deputy Fire Marshal 5 36,438 17.5183 Senior Citizen Program Coordinator 5 29,921 14.3851 Account Clerk 4 36,723 17.6553 Deputy Court Clerk 4 33,458 16.0856 Deputy Tax Receiver 4 30,672 14.7462 Real Property Tax Service Assistant 4 27,775 13.3534 400 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Management Positions Position Grade Salary Water Superintendent10M 74,138 Assessor 9M 61,000 Wastewater Director 9M 67,787 Budget Officer 9M 58,000 Director of Parks & Recreation 9M 54,878 Code Compliance Officer/Zoning Adm 8M 56,160 Deputy Highway Superintendent 8M 53,000 Engineer 8M 64,392 Director Building & Codes 8M 61,923 Director of Building and Grounds 7M 53,919 Cemetery Superintendent 7M 49,074 and BE IT FURTHER, RESOLVED, that in addition to the afore-listed salaries and wages, the Town Board also authorizes and directs that all full-time permanent Non-Union employees shall be paid longevity in accordance with the most current CSEA Union Contract Longevity Schedule for Union employees, and such longevity for such full-time permanent Non-Union employees shall continue forward each year without the need for additional Town Board Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2008 by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT : Mr. Brewer RESOLUTION AUTHORIZING ADOPTION OF NON-UNION POSITION/GRADE SCHEDULE FOR 2009 RESOLUTION NO.:616, 2008 401 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously adopted and then revised a Non-Union Position/Grade Schedule (Schedule) as part of its Salary Administration Program in the Town’s Employee Management System Handbook, and WHEREAS, the Town Board wishes to revise the Schedule as proposed in the document presented at this meeting entitled, “Town of Queensbury 2009 Non-Union Position/Grade Schedule” effective January 1, 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and adopts the Non-Union Position/Grade Schedule effective January 1, 2009 as follows: 402 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Town of Queensbury Non-Union Position/Grade Schedule Effective January 1, 2009 Grade Job Title Ungraded Parts Shop Foreman – to be paid at CSEA Working Foreman Scale 1 None 2 None 3 None 4 Account Clerk Deputy Court Clerk Deputy Town Clerk II Deputy Receiver of Taxes Real Property Tax Service Assistant Records Clerk 5 Aquatics Supervisor Building & Zoning Enforcement Officer Confidential Secretary to Highway Superintendent Confidential Secretary to Town Supervisor Confidential Secretary to Community Development Director Senior Account Clerk Court Clerk Deputy Fire Marshal Senior Citizen Program Coordinator Assistant to Assessor I Assistant to Assessor II Computer Technology Assistant Billing Supervisor Deputy Tax Receiver Recreation Program Assistant 6 Deputy Town Clerk I Data Collector/Appraiser Principal Account Clerk Legal Assistant Land Use Planner Fire Marshal Assistant Director of Parks and Recreation 7 Accountant Senior Planner Code Compliance Officer Computer Technology Coordinator GIS Administrator Water Maintenance Distribution Supervisor 7M Cemetery Superintendent Director Building & Grounds (Facilities) 8M Director Building & Code Enforcement Deputy Highway Superintendent Engineer Code Compliance Officer/Zoning Administrator 9M Assessor Town Budget Officer Director of Information Technology Director Parks & Recreation Wastewater Director 10M Executive Director of Community Development Water Superintendent and 403 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to replace the current Non-Union Position/Grade Schedule with the new Non-Union Position/Grade Schedule in the Town’s Wage and Salary Administration Program in the Employee Management System Handbook. th Duly adopted this 15 day of December, 2009 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT : Mr. Brewer RESOLUTION AUTHORIZING ADOPTION OF NON-UNION SALARY STRUCTURE FOR THE YEAR 2009 RESOLUTION NO.: 617, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board previously adopted and then revised its Wage and Salary Structure (Structure) as part of its Salary Administration Program in Section IV of the Town’s Employee Management System Handbook, and WHEREAS, the Town Board wishes to revise the Structure as proposed in the document presented at this meeting entitled, “Town of Queensbury Non-Union Salary Structure,” effective January 1, 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and adopts the Non-Union Salary Structure effective January 1, 2009 as follows: 404 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Town of Queensbury Non-Union Salary Structure Effective January 1, 2009 Grade Minimum Scheduled Max Extended Max 1 19,760 28,651 28,938 2 22,131 32,091 32,412 3 24,787 35,942 36,301 4 27,761 40,255 40,658 5 31,092 45,085 45,536 6 34,823 50,492 50,997 7 39,002 56,552 57,118 8 43,682 63,337 63,970 9 48,924 70,940 71,649 10 54,795 79,453 80,248 7M 39,002 56,552 59,635 8M 43,682 63,337 66,789 9M 48,924 70,940 74,807 10M 54,795 79,453 83,784 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to replace the current Non-Union Salary Structure with this new Non-Union Salary Structure in the Town’s Wage and Salary Administration Program in the Employee Management System Handbook. th Duly adopted this 15 day of December, 2008 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT : Mr. Brewer RESOLUTION AUTHORIZING PURCHASE OF HP DESIGN JET T1100 MAP/COPIER/SCANNER RESOLUTION NO.: 618, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 405 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 WHEREAS, the Town of Queensbury’s Technology Coordinator has requested Town Board approval to purchase an HP Design Jet T1100 Map/Copier/Scanner to replace two (2) obsolete and poorly functioning devices, and WHEREAS, New York State Bidding is not required as the purchase price for the System is in accordance with New York State Contract No.: PT58424 pricing, and WHEREAS, moneys for such proposed purchase are included in the 2008 Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town’s Technology Coordinator purchase of the HP Design Jet T1100 Map/Copier/Scanner in accordance with New York State Contract No.: PT58424 pricing for a total amount not to exceed $17,268 to be paid for from Misc. Equipment Account No.: 001-1680-2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Technology Coordinator and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer RESOLUTION TO AMEND 2008 BUDGET RESOLUTION NO.: 619, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT 406 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2008 Town Budget as follows: To From CodeAppropriationCodeAppropriation$ 001-1990-4400Contingency001-1220-4400Misc. Contractual $ 3,000 001-1315-1020Overtime001-1315-4720Consultant $ 2,160 001-1420-4130Town Counsel Ret001-1430-4130Town Counsel Ret. $ 2,700 001-1680-1010IT Wages001-1680-2001Misc. Equipment $ 14,000 001-1950-4430-24Property Taxes001-1620-4110Vehicle Repairs $ 1,750 001-1950-4430-29Property Taxes001-1620-4110Vehicle Repairs $ 1,000 001-1950-4430-0022Property Taxes001-1620-4300Electricity $ 3,000 001-1990-4400Contingency001-5132-4300Electricity $ 5,000 001-5010-1020O/T001-5182-4305Street Lighting $ 1,500 001-5010-4500Heating Fuel001-5182-4305Street Lighting $ 2,500 001-5182-4400Misc Contractual001-5182-4305Street Lighting $ 2,000 001-8020-1010Salaries001-8020-4711Reimbursable Engineering $ 6,200 001-8010-1010Salaries001-1680-2001Misc. Equipment $ 8,000 002-8810-4200Insurance002-8810-1020O/T $ 750 004-9010-8010Retirement004-5130-4110Vehicle Repairs $ 11,500 032-1950-4430Property Taxes032-1650-4100Telephone $ 100 th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Brewer RESOLUTION SETTING PUBLIC HEARING ON YEAR 2009 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 620, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the agreement currently in effect between the Town and the West Glens Falls Emergency Squad, Inc., will expire on December 31, 2008, and 407 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 WHEREAS, the Town and the West Glens Falls Emergency Squad, Inc., have negotiated terms for a new one year Agreement for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning the proposed 2009 Agreement for emergency ambulance services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed 2009 emergency ambulance service Agreement between the Town th of Queensbury and the West Glens Falls Emergency Squad, Inc., on Monday, January 5, 2009 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 15 day of December, 2008, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: Mr. Brewer RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF DECEMBER 15, 2008 RESOLUTION NO.: 621, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of December 11, 2008 and a payment date of th December 16, 2008, 408 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of December 11, 2008 and payment date of December 16, 2008 totaling $288,402.95, 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 15 day of December, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $1,400,000 IN SERIAL BONDS OF THE TOWN OF QUEENSBURY TO PAY THE COST OF ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE WEST QUEENSBURY SEWER DISTRICT IMPROVEMENTS; AND AUTHORIZING THE ISSUANCE OF UP TO $1,400,000 IN BOND ANTICIPATION NOTES OF THE TOWN OF QUEENSBURY FOR THE SAME PURPOSE RESOLUTION NO.: 622,2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with New York Town Law, the Town of Queensbury (the "Town") Town Board has duly ordered that the West Queensbury Sewer District (the "District") be established and the improvements described in the Map, Plan and Report be constructed and the service within the District be provided upon the required funds being made available or provided for; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: 409 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Section 1. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is the acquisition, construction, and installation of a sanitary sewage disposal system for the West Queensbury Sewer District, including installation of a ten inch PVC gravity sewer main along Warren County Route 28 connecting to the City of Glens Falls sewer system approximately 150 feet east of the Town/City line and ten inch gravity sanitary sewers across Main Street to the north side of the roadway to allow for future growth outside of the proposed District, and further including related preliminary and incidental costs (the "Project"), and, as detailed in the Final Order establishing the District, such specific object or purpose is hereby authorized at a maximum estimated cost of One Million Five Hundred Sixty Thousand Dollars ($1,560,000). Section 2. The plan for the financing of such maximum estimated cost is as follows: (a) issuance of up to One Million Four Hundred Thousand Dollars ($1,400,000) in serial bonds or bond anticipation notes of the Town on behalf of the District, hereby authorized to be issued pursuant to the Local Finance Law; and (b) expenditure of up to One Hundred Sixty Thousand Dollars ($160,000) from the Town General Fund. The proceeds of the bonds or bond anticipation notes may be used to reimburse expenditures paid by the Town from other funds or otherwise on or after the date of adoption of this Bond Resolution. The Town may submit applications for grants and/or low interest loans from the New York State Environmental Facilities Corporation (EFC) and/or the United States Department of Commerce Economic Development Administration (EDA) and/or other funding source(s) and, to the extent that any such moneys are received, may apply such funds to the payment of principal and interest on the bonds or bond anticipation notes. Pursuant to Local Finance Law Section 107(d)(9), no down payment from current funds is required. Section 3. Consistent with the Final Order establishing the District, the Town Board hereby determines that it is in the public interest to acquire and construct the Project. Section 4. It is hereby determined that the period of probable usefulness of the specific object or purpose is forty (40) years, pursuant to Subdivision 4 of paragraph (a) of Section 11 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five (5) years. Section 5. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming 410 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 due and payable in such years. There shall annually be levied on all the taxable real property of the District a fee sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 6. For the purpose of paying the cost of the Project, including related preliminary and incidental costs, there are hereby authorized to be issued serial bonds of the Town up to a maximum amount of $1,400,000, the maximum maturity of which shall not exceed the forty (40) year period of probable usefulness set forth above, and which shall mature on or before the date of the expiration of the period of probable usefulness as measured from the date of the bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. The bonds may be issued in the form of a statutory installment bond. Section 7. There are hereby authorized to be issued bond anticipation notes for the specific object or purpose in an amount up to but not exceeding the $1,400,000 maximum amount of serial bonds authorized to be issued, in anticipation of the issuance and sale of the serial bonds authorized, including renewals of such bond anticipation notes. Section 8. Any bond anticipation notes shall be payable from the proceeds derived from the sale of the bonds or otherwise redeemed in the manner provided by Section 23.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the bond anticipation notes and the interest on them. Section 9. There are no bond anticipation notes outstanding which have been previously issued in anticipation of the sale of these bonds. Neither are the bond anticipation notes hereby authorized renewal notes. These bond anticipation notes will be issued in anticipation of bonds for an assessable improvement. These notes shall mature at such time as the Town may determine and may be renewed from time to time, provided that in no event shall such notes or renewals extend more than one (1) year beyond the original date of issue except as permitted in the Local Finance Law. Section 10. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of these notes, and the power to prescribe the terms, form and contents of the serial bonds and bond anticipation notes and the power to sell and deliver the serial bonds and bond anticipation notes issued in anticipation of the issuance of the bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds and bond anticipation notes issued in anticipation of the issuance of the serial bonds and bond anticipation notes issued pursuant to this Resolution by manual signature, and the Town Clerk is hereby 411 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 authorized to affix or impress or imprint a facsimile of the seal of the Town to any of the serial bonds or bond anticipation notes and to attest such seal by manual signature. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 11. The exact date of issuance of the bonds and/or notes and the exact date upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer, provided, however, that the maturity of the notes or renewals shall not exceed one (1) year from the date of issue except as permitted by the Local Finance Law. Section 12. The Chief Fiscal Officer shall prepare the bonds and/or notes and sell them in accordance with the provisions of the Local Finance Law including, but not limited to, the provisions of Section 169.00, if applicable, and at such sale shall determine the interest rate to be borne by such bonds and/or notes. The Town Board authorizes the Chief Fiscal Officer to establish substantiallylevel annual debt service for the repayment of such Bonds if he believes it is in the best interests of the Town. Section 13. If issued, the notes shall be in registered form, and shall bear interest at the determined rate. Section 14. The Chief Fiscal Officer shall deliver the bonds and/or notes to the purchaser only against a certified check or other immediately available funds. The proceeds of the sale of the bonds and/or notes shall be deposited and/or invested as required by Section 165.00 of the Local Finance Law, and the power to invest the proceeds of sale is hereby delegated to the Chief Fiscal Officer and the power to invest in any instruments described in Section 165.00 is expressly granted. Section 15. To the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended (the "Code"), the Town hereby designates the bonds and/or notes as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code. The Town hereby covenants that it will (i) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. Section 16. The Town of Queensbury is a town partially within the Adirondack Park. However, State lands subject to taxation within the Town's boundaries are assessed at less than thirty percent (30%) of the total taxable assessed valuation of the Town, so permission of the State Comptroller to issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3). 412 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 Section 17. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 18. The validity of these serial bonds and bond anticipation notes may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or (2) The provisions of law which should be complied with at the date of publication of this Resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 19. The full text of this Resolution or a summary thereof shall be published in the Glens Falls Post Star, which has been designated as the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 20. On November 17, 2008, the Town Board adopted a Resolution (the “Approval Resolution”) authorizing establishment of the District, which Resolution is subject to permissive referendum pursuant to Town Law Section 209-e(3). The serial bonds and bond anticipation notes hereby authorized shall not be issued unless and until no Petition for referendum is filed within the 30-day filing period or, if a Petition is filed, the Authorizing Resolution is approved by the affirmative vote of a majority of the owners of taxable real property situated in the proposed District, and (b) the Town Board adopts a final order establishing the District as required by law. Section 21. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: ROLL AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough CALL NAYS: None ABSENT: Mr. Brewer The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board. th DATED: December 15, 2008 4.0 CORRESPONDENCE 4.1Report – Building and Codes Dept. November 2008 413 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 5.0TOWN BOARD DISCUSSIONS COUNCILMAN JOHN STROUGH WARD III ? Wished everyone a Happy Holiday and wish all good health and wish you and yours harmony and happiness and wish Councilman Brewer a rapid return to good health COUNCILMAN RONALD MONTESI WARD II ? Tim Brewer is in my prayers he had a fall off a ladder I believe tomorrow he will have surgery, God speed to him. SUPERVISOR STEC ? I want to add my best wishes to my very good friend Tim Brewer, he is certainly a very dedicated public servant. We wish his family the best. ? Wish everyone the very best for a very Happy Holliday Season and Happy New Year in 2009 ? It has been a very pleasurable 2008, this is my fifth Town Board and no two Town Boards have been identical, no disrespect at all to any past Town Board Members I do think that this current Board as a group of five I think probably is the most talented or experienced Board that I have worked with. We have had our share of disagreements and I am sure we will have a few more but it has been a very enjoyable 2008 for me and I looking forward to a good 2009. We do have concerns about what is going to happen in the State Budget, in the next few weeks we will probably get some more bad news from the Governor, although the Governor has got good mess that he has been dealt but the beautiful position that he is in is that he has been dealt it. He did not ask for it he did not run for it again dumped in his lap. He is in the position that he can do whatever he thinks needs to be done to make New York State get back on track because he is beholden to nobody. I am more worried about what it might mean locally to the County than I am to the Town although the Town will probably feel its own pinch in our own ways. We have got changes coming, fire contracts to do hopefully in January and hopefully in the next few week we will get our Zoning Code to where we think it needs to be so that we can start thinking about getting it to the APA and in front of the public for public hearings in probably February or March. I think we will have a better zoning code for the future then our current zoning code. Queensbury is light years ahead of the surrounding communities for the sophistication and maturity of our zoning code, that is not to say that there is not always room for improvement. I think this Board can look back to a very successful 2008. Again we are all thinking about Tim and hoping that he has a speedy recovery. RESOLUTION ADJOURNING QUEENSBURY TOWN BOARD MEETING RESOLUTION NO. 623,2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. th Duly adopted this 15 day of December, 2008 by the following vote: 414 TOWN BOARD MEETING DECEMBER 15, 2008 MTG. #56 AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury