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2009-11-16 MTG.#42 TOWN BOARD MEETING 11-16-2009 MTG. #42 331 TOWN BOARD MEETING MTG. #42 November 16, 2009 RES. 349-362 7:00 p.m. SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS Town Counsel Bob Hafner Representatives of Bay Ridge Vol. Fire Company Representatives of North Queensbury Vol. Fire Company PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI 1.0PUBLIC HEARINGS 1.1Bay Ridge Volunteer Fire Company, Inc.’s Proposal To Purchase Truck and Authorizing Incurrence Of Tax-Free Financing/Debt for Such Purchase NOTICE SHOWN PUBLICATION DATE: October 30, 2009 Supervisor Stec-We have two public hearings scheduled for this evening they are both relatively similar in that they both involve tax exempt financing and authorization of purchase and incurrece of debt of new fire apparatus. The first one is for Bay Ridge Volunteer Fire Company the second one will be for North Queensbury Volunteer Fire Company. Other similarities between the two public hearings, just so that I say this once and not again in a few minutes after the first public hearing. In both cases the fire companies have proposed replacing two vehicles with one vehicle and in fact the vehicles being considered for purchase are very similar to each other in both their design and operation. Also, I think they are both from the same manufacturer. We will get into the details of what they are replacing and the exact cost here in a minute for each one. But, anyways the first public hearing is Bay Ridge Volunteer Fire Company Inc. proposal to purchase truck and authorizing incurrence of tax-free financing and debt for such purpose. With that said, I will open the public hearing and will take comments I just ask that people raise their hand one at a time these microphones not only amplify but they record for the purpose of the record. In this case the two pieces of apparatus that will be replaced will be a 1987 Han engine and a 1991 Beck I believe the Beck is a tanker. The total cost would not to exceed $653,348. they can explain their own financing scheme, but essentially they have got a couple of small payments that are due next year and then following that they will end of financing this vehicle over the course of ten years. The reason why we have a couple of these tonight and there are a couple other companies that we have been talking too, is the Town commissioned about a year and a half ago and it took basically a year to get it done a study from MMA Consulting. A consulting company out of Massachusetts that we hired to come in an do a review of the Town, a high level review basically looking at thing like vehicle replacement schedules, how long apparatus should last the town or a company as a general rule of thumb. What the over all composition of the towns fleet should be among other things, but that is what is relevant to, tonight. We did over the summer get that completed. In the mean time though we had been telling the fire companies for the last few years that we did not want to buy any more apparatus until we had that study completed. So, the long and short of it was the last time that the town authorized any of the five fire companies to buy any apparatus was for Queensbury Central was the last truck, the new tower that they bought and that truck was delivered about a year after authorized. But, it was authorized in September 2005, so it has been four years, more than four years since the Town Board TOWN BOARD MEETING 11-16-2009 MTG. #42 332 has authorized any apparatus and depending on what the apparatus is that you are looking at the study suggests that something between again, depending the type of apparatus, between twenty and thirty years and average life span for these pieces of equipment. So, with that said I invite Bay Ridge to come to the microphone first and if they want to add or add any more details to what I just said and then we will take any public comment that there might be. Chief Mellon? Chief Pat Mellon-I am Pat Mellon Chief of the Bay Ridge Volunteer Fire Company. First Assistant Chief, Chip Mellon Bay Ridge Fire Company Supervisor Stec-Like I said I tried to give a broad overview but, correct anything that may not have got a hundred percent right or certainly add anymore detail that you would like to. Chief Pat Mellon-Ok, just a brief description of the truck that we plan on replacing, it is a, the new apparatus will carry two thousand gallons of water which is needed in our fire district due to the lack of hydrants in over half of the Bay Ridge District. Some of the components of the apparatus, it is multi functional it will have a foam system which you can use both on structure fires and hazardous materials fires incidents. Multi functional in the purpose of use it for fire attack as a supply engine, a rescue, as tanker for water supply. This piece of apparatus has a number of safety features, to include front impact protection with air bags a vehicle data recorder, side roll protection, and stability, side roll and frontal air bags, front independent suspension, scene lighting, rear chevrons on the back for anyone that is not familiar it is the reflective material on the back of a what you see on, like you see on the DOT trucks they come down at an angle like in a V shape. It has some lower cross lays so you are not climbing up on the apparatus as much. Rear and side view cameras, electronic stability controls, anti lock brakes, automatic traction control. Part of the replacement the Hahn will be put on the market immediately pending approval and the Beck and actually just a clarification, that is an engine not a tanker as was mentioned before. That will be put on the market within a few months of the delivery of the new engine tanker with a goal to sell it within a few months of the truck being placed in service and after our drivers are fully trained and it is operation. We will not be keeping this engine. This was reference in the MMA report both the 96’ and 2009 reports, both have the Hahns scheduled for replacement. In the 2009 report recommends down sizing the fleet by one engine which will we will be replacing two pieces with one. Replacement was originally scheduled for 2007 but at that time we agreed to put it off for three more years until the MMA report was completed. It is part of our five year capital replacement plan and since at least 2003 we have planned the replacement of 322 which is the Hahn. Again, with the MMA report will reduce our fleet by one by consolidating the features and functions of the two apparatus into one. This was approved by Mark Morse through MMA. First Assistant Chief Mellon-As far as the cost Supervisor Stec mentioned the bid price was $653,348. and Pierce offers a prepayment discount of $26,269. this basically means the cost of the truck is $627,079. which is the amount that we will be financing. We will still be protected, we will have a performance bond until the truck is completed and we have a penalty clause if the construction time is exceeded. During the construction phase and the bidding phase we did speak with seven different manufacturers. As far as some of the costs savings basically it breaks down to over ninty eight thousand dollars in savings. Pierce offers a multi unit discount and they also we have tried to avoid getting into having to obtain a 2010 Detroit Diesel engine, they do have a few of the 2009 they have some different standards so that is another twenty thousand dollar credit so between the twenty thousand dollar credit the Pierce multi unit discount of seventy eight thousand eight fifty two to result in a ninety eight thousand eight hundred and fifty two dollar discount. Basically what we are going to do is going to do a ten year tax exempt financing, through a local lender. Basically those payments as detailed I believe the Counsel obtained a copy of that our payments would be sixty nine thousand six hundred and seventy dollars annually. Basically as far as the loan itself it can be paid off without penalty you can make pre-payments or pay against the principal. Which means as far as the sale of the Hahn and the Beck engines we can put the proceeds from the sale directly onto this loan which could further reduce the time. What we did as of Friday we actually TOWN BOARD MEETING 11-16-2009 MTG. #42 333 finalized our payment so basically we can pay the truck off, that payment will go from nine full years to the tenth year we will owe eleven thousand three hundred and seventy two dollars. So, basically by applying the revenue from the two engines we anticipate we can sell, I am sorry, close out the loan into the ninth year. Supervisor Stec-I was just going to use that as an opportunity to interrupt you and just put two more pieces of information out there not necessarily new to you but for the publics benefit. As we discussed with the Town Board and the Fire Company in a couple of workshops that this was discussed and it was going to be written that it is required that whatever proceeds you get be applied, one; to this if there is no penalty or two; to some other form of debt. It was going to be restricted and ie. not go into a general use fund of the company. So, we wanted to let the public be aware that this will require that whatever sale revenue you get from those two older pieces of equipment goes against this purchase and then the other thing while we are talking a little bit more about money. One of the key concerns that the Town Board has had in buying, in buying new apparatus particularly now since we have not bought apparatus for four years and you are not the only company that has apparatus that at its end of life. We wanted to impress as much as possible on the company to find a way to incorporate this new debt the sixty nine thousand because certainly that, you know, that is going to be something, I saw Maury writing furiously, when you were saying sixty nine thousand six hundred and seventy dollars per year. But, that obviously and part of the rational that you use with the Town in putting together your proposal was that you have two pieces of old equipment that you are putting a significant amount of money into every year and between that and then the Town Boards other insistence or encouragement to find a way to tighten your belt where ever else you could within your budget to try to minimize the impact so that we didn’t just lump an additional sixty nine thousand dollars. I want to make sure that is clear that is not what is happening in this case or in you know for the future public hearing with North Queensbury. That is not what is going to be happening with North Queensbury’s proposed purchase. Through the evolution of this conversation the Town Board said we would feel more comfortable if we and this, your contract is not the subject of tonight’s public hearing, as we discussed we would be having that public hearing likely in December. But the conversation that where we landed in trying to fit all these pieces together at the same time is that the public hearing that we will be conducting in December for your contract will be a three year contract for 2010, 2011 and 2012 and we had originally been talking about a one year contract but as the, you know the Board was looking at the impact of the additional debt is going to have on your contact we encouraged and you went back to, whipped out the pencils and calculators and worked on a three year contract. So, the initial one year contract for 2010 that we had tentatively said yea that looks like something the Board could support and would set a public hearing was for a 3.6% increase approximately and then when we asked you to look at a three year contract you did come back with the second year would be zero and the third year by my math would be a one point seven percent increase. So, the three years would be three point six percent, then zero percent, then one point seven percent. And that incorporates this debt. Again, so I think it is important that we are looking at saying yes, to this apparatus and if we do it won’t be with an off the bat or in the immediate future a huge increase to cover this. So, I thought that, that was something worthwhile explaining I know that you two guys know this, because we have been talking about it for over a month now, but for the public that is here tonight that may want to comment or certainly anyone that is at home or reading their newspaper tomorrow is that we strongly encourage and this company was very receptive to committing to a three year financial plan with the Town so that there is less uncertainty or more confidence that we are not going to take a oh golly we got a double digit increase in your contract in one year. So, I thought now would be a good time to interject that. Councilman Strough-In addition to what Supervisor Stec has said by holding your feet to the fire and proving to us on the Town Board that you can afford this truck without significantly increasing your budget and doing so for at least three years, you also had a capital project for expansion that was on board to expand the building to accommodate other equipment that the current building could not accommodate, but this frees up a bay. So, that capital program I am assuming now doesn’t have to take place with the addition of an empty bay. TOWN BOARD MEETING 11-16-2009 MTG. #42 334 Assistant Chief Mellon-That is correct. Councilman Strough-So, there is a savings in that as well. Thank you. Supervisor Stec-Continue, I just thought it was a good time to interject that. Assistant Chief Mellon-No, thanks Dan and John. Basically, initially when we contacted the lenders we came back to the Town in one of the earlier workshops you will remember that we stated that we would probably have to ask from anywhere from thirty to ninety thousand dollar increase due to the, depending on the time of the loan period of time. But, since then we went back we looked at our operations and basically restructured our contract, our current 2010 operating budget by as we mentioned earlier by selling both engines that basically allows us to free up some money. We basically were going to take twenty thousand seven hundred dollars out of our repair and maintenance fund, a line in our operating budget, because we feel that our two oldest trucks we will not have anymore and we will not have to pay to maintain those. As Chief Mellon indicated pending approval we plan to market the Hahn very soon possibly tomorrow and then the Beck, probably mid way thorough the year once we get a delivery date, so that within a couple of months a few months after delivery and all the fire fighters are trained that will be gone. So, that is where the twenty thousand seven hundred dollars out of our line was going to come from basically because we will have one less truck, and we will not have to do annual service, pump service, engine service. There are some associated repairs that are needed on both engines and replacing them sooner rather than later we anticipate that we will not have to spend that additional money so that is how we come up with that figure. As far as that additional nineteen thousand dollars we will be taking out of our fire fighting equipment line because we will not have to buy as much new equipment to equip this truck we will be able use basically most of the existing equipment between the two new trucks. We have also talked about there are some sacrifices if you will, there are some new equipment that we decided we are just going to put on hold for a few years whatever it takes, because this truck is a priority to us for the reasons that we mentioned before. So, there are thirty nine thousand seven hundred there plus our current budget, we have a thirty thousand dollar fund from which is a carry over if you will from the last truck and if that continues into the next budget that adds up to sixty nine thousand seven hundred which is how we proposed to pay for this. Basically without any increase in our contact which results in a zero percent increase to our residents. Supervisor Stec-If I could just restate just because I think it is an important point and I wanted to, just more for Maury’s benefit I guess, is that the sixty nine thousand payment you did not cut sixty nine thousand you have there is a thirty thousand dollar payment from an existing piece of apparatus that you are not paying on any more that that thirty thousand will not be used obviously for a paid off piece of apparatus but that thirty thousand will carry forward to this payment. But, you did cut thirty seven thousand or thirty nine thousand dollars, about half of that is maintenance on the two older pieces of equipment and the other half of that is cutting other lines in your budget. Assistant Chief Mellon-Correct Supervisor Stec-All right, like I said I thought that was worthwhile to point out. Councilman Strough-The other thing I think is worthwhile pointing out that you and I had worked on Dan, was we took all five fire companies and laid out a program of vehicle replacement for the next ten years. We even looked a little beyond that. This vehicle pretty much, if I remember right pretty much satisfies your large vehicle and I am not talking about brush trucks and Chief’s vehicles but pretty much takes care of your large vehicle needs for probably the next decade. Chief Mellon-That being said by replacing the two for one essentially we will not have to be looking to replace the Beck in 2011 so that is going to take that right out of there. Supervisor Stec-That would have been down the line anyways. Again, we used the MMA report as a guide plus our own conversations that we had with you and the other fire companies over the last month and we are going, John is going to take the notes and TOWN BOARD MEETING 11-16-2009 MTG. #42 335 compile it and we are going to get it back to the fire companies so that you all have an opportunity to look at what we think the replacement schedule is and obviously we will take some feed back on that but we went off of our own conversations with the companies and the MMA reports as far as what they suggested these. At least the next eight or nine years it looked like, if this purchase goes through that large apparatus you would be covered for most of the next decade which by the time you got a new piece of apparatus coming due the one that we are talking about tonight will probably be paid for. Anything else though? Let me take some public comment now? Assistant Chief Mellon-If have any questions, fine, if not we will sit back. Councilman Montesi-Don’t go too far. Supervisor Stec-Is there any member of the public, yea don’t go too far. Is there anyone from the public that would like to comment on this public hearing? Anybody at all? (no one spoke) Does the Town Board have any more questions for either Mr. Mellon or Chief Mellon? Anybody from the public? Six hundred and fifty three thousand dollars not that I am trying to talk anyone out of it, I just, it is one of those if I were a preacher I would say speak now or forever hold your peace. I am sure we will hear about it in the paper but maybe not. Anybody. I will close this public hearing and entertain a motion. (7:25PM) Again, covered in the discussion and it will be, a lot of this is in the resolution and some of what is not in the resolution will certainly be in the resolution in contract that we are going to enter into next month but any proceeds from the sale of these two older pieces are going to go against the debt for this new vehicle and we have got, I do not have the numbers handy but I remember it was three point six percent, zero percent, one point seven percent that public hearing we will likely have that contract together I am hoping for setting a public hearing at our first meeting in December which will be thst December 7 and having that public hearing on December 21. So, if all goes as planned by Christmas you could have a signed contract in place for three years, but those numbers in that contract all are basically dependent on moving forward with the purchase that I think we about to move forward on. Is there any other discussion from Board Members? (No one spoke) RESOLUTION APPROVING BAY RIDGE VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE TRUCK AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT FOR SUCH PURCHASE RESOLUTION NO.: 349, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and TOWN BOARD MEETING 11-16-2009 MTG. #42 336 WHEREAS, the Fire Company has advised the Town Board that it wishes to purchase a new 2010 Pierce Pumper Tanker (Truck) to replace two (2) pieces of apparatus (1987 Hahn and 1991 Beck) thereby resulting in a permanent reduction of the Fire Company’s fleet size, as recommended by the 2009 Fire Study Report issued for the Town by MMA Consulting Group, Inc., for the approximate purchase price not to exceed $653,348, such purchase already included in the Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, the Fire Company hopes to take advantage of pre-pay discounts which would lower the amount due and amount borrowed, and WHEREAS, proceeds from the sales of the Fire Company’s replaced apparatus (Hahn and Beck) would be placed either: 1) against the principal of the new, proposed Truck; and/or 2) toward other Fire Company debt, and WHEREAS, once the new Truck is placed into service, the Fire Company will remove the Hahn from service and sell it, and will later sell the Beck after all potential warranty/service issues are resolved with the new Truck, or by one year after delivery date of the new Truck, and WHEREAS, the Fire Company plans on paying for the proposed, new Truck as follows: 1.$63,000 down payment from the Fire Company’s 2009 Restricted Vehicle Fund; 2.$30,000 from the Fire Company’s proposed 2010 Budget/Agreement with the Town; 3.Approximately $560,348 maximum amount of tax-exempt financing (having a 10 year term) with a financial institution; and WHEREAS, the Truck will be owned and used by the Fire Company to provide fire protection to the Town and maintained at its Firehouse located at 1080 Bay Road in the Town of Queensbury, New York, and th WHEREAS, on Monday, November 16, 2009, the Town Board held a public hearing concerning the Fire Company’s proposal and tax-exempt financing as required by the Fire Company’s Agreement with the Town and the Internal Revenue Code, and heard all interested persons, and TOWN BOARD MEETING 11-16-2009 MTG. #42 337 WHEREAS, the Town Board determined that there will be a substantial public benefit from the issuance of such bond in that this new Truck will provide additional safety protection for the Town while eliminating two (2) aging trucks from the Fire Company’s fleet and desires to abide by the recommendations of MMA Consulting Group, Inc., and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Truck purchase and the Fire Company’s corresponding incurrence of tax-exempt debt, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Bay Ridge Volunteer Fire Company, Inc.’s proposal to purchase a new 2010 Pierce Pumper Tanker (Truck) to replace two (2) pieces of aging apparatus as set forth in the preambles of this Resolution for an amount not to exceed $653,348, such purchase already included in the Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Fire Company’s incurrence of approximately $560,348 maximum amount in debt for such purchase with the understanding that the Town Board is relying upon the Fire Company’s assurance that the Truck is serviceable and suitable for its long-term intended use, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Fire Company nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 16 day of November, 2009 by the following vote: TOWN BOARD MEETING 11-16-2009 MTG. #42 338 AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : Mr. Brewer ABSENT: None 1.2North Queensbury Volunteer Fire Company Inc.’s Proposal to Purchase Truck and Authorizing Incurrence Of Tax-Free Financing/Debt for Such Purchase NOTICE SHOWN PUBLICATION DATE: OCTOBER 30, 2009 Supervisor Stec-Before we open the public comment on this, like I said for the other one this is also replacing two and this is where I got the tanker in my mind, from the two pieces of apparatus that will be replaced is a 1988 Ford engine and a 1985 Ford tanker and these two will be replaced by an engine tanker that is very similar to the one that we just authorized for Bay Ridge. It is also I think a Pierce and the dollar amount total dollar amount not to exceed is almost the same it is six hundred and fifty seven thousand three hundred and forty eight dollars. Unlike Bay Ridge whose contract expires at the end of this year and we just talked about a three year contract starting next year for Bay Ridge, North Queensbury is just finishing their first year of a three year contract so they have two more years on their current contact. But, they did, they are the one fire company of the five that is essentially debt free they do not have any apparatus or building mortgage payment anymore that is due and over the last few years in view of that the Town has allowed to continue essentially a restricted vehicle fund. So, they do have two hundred thousand dollars down payment that they are going to be making if we authorize this and so their amount that they could be borrowing is four hundred and fifty seven thousand three hundred and forty eight dollar it is also tax exempt financing. The term that they are talking about again, just to draw a parallel, Bay Ridge’s term is going to be ten years and you heard that they are going to be paid off in a little over nine years. The North Queensbury is proposing a six year term on this piece of apparatus. Again, so they have two more years in their contract that is essentially flat or I cannot remember if it is exactly flat, or it is within a thousand or two thousand dollars of their three hundred and twenty eight thousand dollar contract, it doesn’t change much over the next two years and they have indicated and we have no real reason to believe that upon contract renewal two years from now that this debt is going to require us to consider a large increase in their future contact. But, they do have two more years on this existing contact. So, with that said I will open this public hearing and ask if there is anyone from North Queensbury Fire that wants to first address the Board and then we will take any other public comment. Mr. Hodgkins and Mr. Davies Goodevening I am John Hodgkins Treasurer of the North Queensbury Fire Company Dan Davies First Assistant Chief from the Fire Department. Assistant Chief Davies-Basically to summarize the truck it is very similar to what Bay Ridge has proposed. It is going to be a two thousand gallon pumper tanker combo. The two thousand gallon pump will carry two thousand gallons of water have a six man crew cab, front and rear suctions, Detroit engine that is the same as Bay Ridge’s, twenty TW generator, ours is a little bit different in that our chassis is different than theirs. Theirs is a little bit longer than ours, and we will have a Class B Foam system and the reason that we did that was more for the marinas that we protective up in that area. They are very hard to put out without Class B foam. As far as in regards to the MMA study this is in line with the study, the MMA study stated to have one truck replaced in 2005 and the other one in 2011 we had been to the Town Board with our last budget and kind of TOWN BOARD MEETING 11-16-2009 MTG. #42 339 expressed that we would be coming but we waited for the MMA study to be completed. We are here at this time of year in fear that the engine pricing the 2010 emission standards are going to have a substantial price affect on what engines cost next year. We are replacing a 1985 tanker and a 1988 engine tanker, so, we will put those up, we will probably put the engine up for sale relatively quickly we will use the proceeds from that to pay down the debt and keep the towns liability or our debt as little debt as possible. Councilman Brewer-Can I interrupt you one second? Supervisor Stec-I will interrupt first, so your situation as far as prepayment there is no penalty or disincentive. Treasurer Hodgkins-Right now, what we are anticipating is that it is a lease system so pre-payment is in question if money comes available is what you are saying. But, there is a pre-payment discount allowed, with approval from the Board tonight we have agreement with a bank, Ballston Spa National Bank, they will loan us the difference between what we are going to need to borrow and the two hundred thousand dollars that we are going to put down from the company truck fund. Two hundred thousand dollars coming out of the Company Truck Fund and with that pre-payment then we reduce the cash payment for this by twenty six thousand dollars. Supervisor Stec-What will your annual payment be for the six years? Treasurer Hodgkins-It is a declining payment it starts off the first year at eighty eight thousand and declines down into the seventy four thousand. Councilman Brewer-For how many years? Treasurer Hodgkins-Six years. Councilman Brewer-Six year. Treasurer Hodgkins-Right. Supervisor Stec-I am sorry Tim, I interrupted you. Councilman Brewer-No, I just wanted, you mentioned to put the money you got from the previous engine you sell then onto the debt then you would not have a problem if we struck number three in the second whereas on the second page? Treasurer Hodgkins-Well, there is no provisions that we are aware of yet from the, this is a lease, we are anticipating, in a normal lease anticipation that you cannot put down in advance money coming on as it comes in. Councilman Montesi-It is a lease purchase. Treasurer Hodgkins-It is a lease purchase, correct. Councilman Brewer-I guess what my point is though, I would prefer that proceeds from anything that you sell go onto debt rather than put it in the bank. This is my point. Treasurer Hodgkins-This is a lease so there is not a, it is a lease type of a purchase. I do not know if we would be allowed to reduce the lease obligation mid stream, that is what I am saying. Councilman Montesi-As you paid your mortgage off so you do not have any debt there. Treasurer Hodgkins-So we do not have any other debt we have nothing else to reduce at this point. Councilman Montesi-So, you are asking what Timmy wants to get rid of this putting it into a restricted fund, truck fund. TOWN BOARD MEETING 11-16-2009 MTG. #42 340 Treasurer Hodgkins-We are willing to do that if it makes financial sense and the bank is willing to allow us to pay down the debt. We would definitely do that a hundred percent.. We are not trying to play any games we are not.. Councilman Brewer-I am not insinuating you are, I just, we have not ever had that in any resolution for any purchases before and I noticed it and I just struck me funny that is all. I understand the reasoning now, because if you cannot put it down on the debt you can’t. Treasurer Hodgkins-We want it in a truck fund, and we want to put it into a truck fund because obviously if you go through the MMA report all the companies if you really average it out every five or six years you have to replace a major piece of apparatus in every company just like we will have to do in another five or six years. Bay Ridge will have to and all the other ones are going to have to do the same thing. So, this is a cycle that we will go through according to the report. Councilman Strough-As a general rule is what you are saying. Treasurer Hodgkins-As a general rule, right, right. Supervisor Stec-You are going to get something in the mail from us next week. Treasurer Hodgkins-If they last twenty years and you got five pieces that’s you know. ..that is what I am looking at. Assistant Chief Davies-I just wanted to finish summarizing, the committee started working on the truck in 2005, we had in excess of fifty different meetings, we met with American LaFrance, E1, Geemax, Rosenbauer, Sufhens, Sea Grave, and then when the final bid proposal went out to Crimson. Our last truck was in 2002 and this has been a capital plan that has been in front of the Town Board since actually 1993. This truck the replacement the two for one, so, I mean we struck with our plan we are a little bit behind as far as the year we are here. But, we feel good about it and we are happy with it. I was going to turn it over to John for any more numbers that you guys might have. Treasurer Hodgkins-Basically we are going to able to take a, we did discuss this at the workshop meeting, but, there is a pre-payment discount approximately twenty six thousand dollars, twenty seven thousand so the finance number is going to be four hundred and thirty and again upon the approval at this meeting tonight. So, that is what, we also by taking a six year note we have a three point eight five percent rate which is a fairly low rate I think compared to what you can come out there by taking the shorter period of time, that covers. That makes a big difference a significant savings over a longer period which would add about another three thousand a year to the interest costs if you went for a longer period. We think it is a good plan it works for the company and as Dan said we are right now in the middle of a three year contract the numbers here work for our three year contract, and what are plans are it looks like, it looks like we are going to be able to continue on with a fairly responsible budget for the distant future. Councilman Strough-Now in the near vehicle replacement future, if my memory serves me well, we are looking at five or six years away for another vehicle replacement and then about two or three years from now a boat? Treasurer Hodgkins-We are looking at a may be Dan will …we are looking at a boat to replace a boat at any time. But, we understand there is a complexity of a boat and the town and different items that come up. We look to finance part of the boat through the town but we are also looking to get grant money, fund raiser money, anything we can put together for that. So, that is a program that we have just started to look at in more details. We realize our obligation to work that thorough. Again it is not going, we are going to work that through within the budget that we are looking at right now. Assistant Chief Davies-We want to hold the budget flat. TOWN BOARD MEETING 11-16-2009 MTG. #42 341 Councilman Strough-Now, the boat this is a little off the track that will have foam capability as well? Assistant Chief Davies-I do not know around the lake they may not like us using too much foam but it will have far more fire suppression capabilities then we currently have and a little bit safer, carries more people, more equipment. But, basically not. Councilman Strough-Ok. Thanks. Supervisor Stec-Ok. But that is in the future and before we start reading that we bought a Navy lets… Assistant Chief Davies-The big thing that the Town Board needs to understand is we have kept our budget fairly flat over the last few years and we want to continue to do that. Supervisor Stec-Your budget has been flat for the last several years and we appreciate that. The public hearing is opened if there is anyone that would like to address this public hearing, I would just ask that folks raise their hand. Mr. Tucker Mr. Pliney Tucker-41 Division Road, Queensbury What is the life service of these trucks? Supervisor Stec-I think the MMA report said for a tanker like this is 25 years. Mr. Tucker-Both of them? Supervisor Stec-They are almost identical vehicle, yes both of them. Mr. Tucker-Thank you. Supervisor Stec-You are welcome. Is there anyone else that would like to comment on this public hearing? Seeing none I will close this public hearing ( 7:37 PM) and entertain a motion. In both cases Bay Ridge who stuck around and I appreciate you guys sticking around, and North Queensbury is here and I see members from a couple of our other fire companies that are here observing. We appreciate the efforts that went into working with the Board to make sure that you know, as you prioritize your companies needs to serve and provide fire protection in the Town obviously you are mindful of the current economic conditions and you found a way to prioritize your needs within you budget to make sure that your budget did not take a huge hike. It was easier I think, for North to do because North has been debt free a little longer so we knew that they had some more money to play with in the down payment which is why they have a six year term than Bay Ridge. But, for Bay Ridge to find a way to cut almost forty thousand dollars out of their operations for the next few years you know, that makes it easier for the Town Board to approve a request like this. Not to say that it can always be done but certainly more so now than any other year in recent memory, I think it is important to do that. You guys are all taxpayers too sometimes I think people forget that as you come here looking for contract money or purchases that you also pay the same taxes that the next guy does for fire protection. But we appreciate the effort that went in both of the companies that brought these to us this evening. Councilman Strough-Point out some of the vehicles that they have been using and have gone beyond their life expediency are unsafe for these volunteers for using. Councilman Metivier-And costing a lot of money. Supervisor Stec-And we are not done yet, we are still working on plans and purchases with a couple other fire companies. (vote called 7:42 PM) RESOLUTION APPROVING NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE TRUCK AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT TOWN BOARD MEETING 11-16-2009 MTG. #42 342 FOR SUCH PURCHASE RESOLUTION NO.: 350, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury and the North Queensbury Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it wishes to purchase a new 2010 Pierce Arrow XT Tanker/Pumper (Truck) to replace two (2) pieces of apparatus (1988 Ford Engine 326 and 1985 Ford Tanker 425) thereby resulting in a permanent reduction of the Fire Company’s fleet size, as recommended by the 2009 Fire Study Report issued for the Town by MMA Consulting Group, Inc., for the approximate purchase price not to exceed $657,348, such purchase already included in the Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, the Fire Company hopes to take advantage of pre-pay discounts which would lower the amount due and amount borrowed, and WHEREAS, once the new Truck is placed into service, the Fire Company will remove the 1988 Ford Engine 326 and 1985 Ford Tanker 425 from service and sell them, with proceeds from the sales of the Fire Company’s replaced apparatus to be placed either: 1) against the principal of the new, proposed Truck; 2) toward other Fire Company debt; and/or 3) into a Restricted Vehicle Fund, and WHEREAS, the Fire Company plans on paying for the proposed, new Truck as follows: 4.$200,000 down payment from the Fire Company’s 2009 Restricted Vehicle Fund; TOWN BOARD MEETING 11-16-2009 MTG. #42 343 5.$457,348 maximum amount of tax-exempt financing (having a six year term) with a financial institution; and WHEREAS, the Truck will be owned and used by the Fire Company to provide fire protection to the Town and maintained at its firehouse located on Route 9L in the Town of Queensbury, New York, th WHEREAS, on Monday, November 16, 2009, the Town Board held a public hearing concerning the Fire Company’s proposal and tax-exempt financing as required by the Fire Company’s Agreement with the Town and the Internal Revenue Code, and heard all interested persons, and WHEREAS, the Town Board determined that there will be a substantial public benefit from the issuance of such bond in that this new Truck will provide additional safety protection for the Town while eliminating two (2) aging trucks from the Fire Company’s fleet and desires to abide by the recommendations of MMA Consulting Group, Inc., and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Truck purchase and the Fire Company’s corresponding incurrence of tax-exempt debt, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the North Queensbury Volunteer Fire Company, Inc.’s proposal to purchase a new 2010 Pierce Arrow XT Tanker/Pumper (Truck) to replace two (2) pieces of aging apparatus as set forth in the preambles of this Resolution for an amount not to exceed $657,348, such purchase already included in the Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Fire Company’s incurrence of approximately $457,348 maximum amount in debt for such purchase with the understanding that the Town Board is relying upon the Fire Company’s assurance that the Truck is serviceable and suitable for its long-term intended use, and BE IT FURTHER, TOWN BOARD MEETING 11-16-2009 MTG. #42 344 RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Fire Company nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 16 day of November, 2009 by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None 2.0PRIVILEGE OF THE FLOOR (LIMIT 4 MINUTES) Mrs. Rhianna Hogan-Cerro-33 Garrison Road (presented the Town Board with a written statement and Garrison Road Home Owner Sidewalk Extension Surveys placed on file in minute folder) Requested that the Town Board have an engineering study done in regard to the feasibility of having sidewalks on Garrison Road. Concerned about her child walking safely to school…noted there is a partial side walk on our side of the street…some are opposed to sidewalks, they are concerned about the cost, drainage, trees, maintenance, these could be addressed when an engineering study is completed. Councilman Strough-I understand your argument that sidewalks would provide a safer existence walking to and from school, you could also add it helps the elderly and others who want to take evening strolls, I am familiar with Garrison Road they charge down there pretty good and it has some really public safety issues. Why would anyone fight sidewalks? Mr. Cerro-We provided Councilman Montesi with a file of the original responses we performed a detailed survey I would like that entered into the record. (Part of minute folder as mentioned above) Councilman Strough-The Greater Glens Falls Transportation Council is always looking for safer transportation not only vehicles we are talking pedestrian … this board does make an effort to make this town safer for the pedestrian. Supervisor Stec-At this point you are encouraging is that we put a little effort and investment into exploring the options. Mr. Cerro-For us it is natural thing, we have a young daughter and another in the way, I think for some people they do not want to make this decision without the data and I applaud them for that, I think the engineer study will go a long way what is feasible and what is not feasible and the impact, that would allow them to make a more informed decision. Councilman Brewer-Did you happen to look into who owns the property would people have to give up property to provide these sidewalks? TOWN BOARD MEETING 11-16-2009 MTG. #42 345 Mr. Cerro-I do not know the distance from the right of way. Councilman Montesi-That would be part of the study. If we do a study we should do both sides of the street for the purposes of comparing. Mr. Mike O’Neil-Garrison Road – Concerns, we do have safety as the number one concern, it is a high volume for traffic, there are walkers…there are children that walk to school…I would not be here if there weren’t other options, there are other options; 1. school children in the neighborhood attend Sanford Street School is the same distance both ways why would you want your child to walk down the part of Garrison that doesn’t have sidewalks anyways, send them up to North, over to Glen down Glen to the crossing guard 2. Adults you cannot control them 3. You could place signs at the end of Bay Road encouraging them to walk on the next two streets that have complete sidewalks all the way to Glen. 4. Most concern-fragile area for drainage with the disruption of trees putting sidewalks and curbing would this further enhance the possibilities of drainage problems…5. concerned about the appearance of Garrison Road it is a canopy of beautiful trees that is why many of us moved to that area, the sidewalks could take a number of trees…trees can consume water taking down trees could cause problems… 6. Something needs to be done to put a sidewalk over the brook, will it impact the flow of water 7. The other end of Garrison that have sidewalks were put in before the trees and shrubs 8. concern over sidewalks being fifteen to twenty feet from the house there will need to be easement for placement of sidewalks 9. Liability and Upkeep Supervisor Stec-The town took on the responsibility of snow removal on sidewalks on County and State Highways. Town Counsel Hafner-Understate law if there is sidewalk put in by the State or County along State or County Roads the town has to maintain it. Councilman Strough-The State wanted mandatory program, to make sure the sidewalks were clear, the town could take it or they town could make the private owner adjacent to the sidewalk, we had the option. Mr. O’Neil-Who maintains the sidewalk? Supervisor Stec-There is a local law in place that says on Town Roads the local property owner has to shovel the walk. If it gets damaged the Town will do the work. Mr. O’Neil-Which for some is going to be an expense. What is somebody slips on a sidewalk? Town Counsel Hafner-The property owner… Mr. O’Neil-Safety of the kids and pedestrians is of up most concern to us, we feel there are other options. Before you spend money on a study take these concerns into consideration. Edward Kerr- 47 Garrison Lived there for thirty eight years the house has been there for seventy years…Many of our concerns are the same as Mr. O’Neil’s 1. Liability of having sidewalk 2. The maintenance 3. drainage, in the last eight years that we have had a drainage problem in our basement, we constantly have water in it. If we loose the tree out front or if the sidewalk is put in it could alter the drainage even more so, this is a big concern for us. 4. We are concerned about the safety of the children, but we raised three children in that house and they all walked to Sanford Street School. We would like to have a study done, but consider our considerations in this matter. Mr. Pliney Tucker-41 Division Road Queensbury, West Glens Falls - Any answer on what the County taxes are going to be? Supervisor Stec-Friday was the deadline for the budget officer Mr. Geraghty to submit his proposed budget. No amount set yet…public hearing will be in December … TOWN BOARD MEETING 11-16-2009 MTG. #42 346 Mr.Tucker-Mr. Metivier- At the workshop you were appointed to deal with the fire companies over insurance. Councilman Metivier-I have one I need four more. Mr. Tucker-Can’t the Town purchase the insurance and stuff like that for the fire companies. Supervisor Stec-We do not want to get in to that, they are a separate non profit. It is not the towns interest and it probably not lawful for the town to get involved at that level with the fire companies. Councilman Metivier-I will go over all the policies and see what they have and talk to the agents that have them and see what we can do about one set of criteria for everybody and make sure they are getting the best rate available. Mr. Tucker-There as a discussion about plowing, that is going to be kind of tough. Supervisor Stec-That is what we said to focus on one area first. Mr. Tucker-You have five fire companies that all want to be plowed out at the same time. Ms. Arlene Girard-43 Garrison If we agree to move ahead with the study perhaps the drainage would be corrected by sidewalks and curbs and also the liability end I think everybody would have a concern about liability if somebody was to fall on the sidewalks. If we look at all the sidewalks in Queensbury how often has that happened? Check to see how many lawsuits and issues have we had with people falling on sidewalks in Queensbury. Councilman Strough-Generally speaking a successful lawsuit is more likely to occur if there was negligence. If the homeowner had not taken care of the sidewalk in a reasonable period of time….then again you have home insurance someone could walk on your lawn and trip and fall and sue you…I do not think that there will be a significant increase in insurance because of sidewalks. I am concerned about the trees because for me that trade off is a tough one. Councilman Montesi-If the Board authorizes me I will talk to our engineering firm and try to get a handle on cost for the study and present it next week at the workshop. Ms. Girard-I am curious about the decision, should you go ahead with the study is it all or nothing? If you have residents that do not want sidewalks, is that enough for you to say no? Supervisor Stec-That is a question we get anytime we take on project like this, is there a magic number in my mind to say no, lets take the next step and explore and get more information…thanked Mr. Cerro for his summation of the sidewalk survey, very helpful to the Town Board… Ms. Tammie Sullivan-Homer Avenue-Spoke to the Board regarding the flooding on my property again. The letter to Mr. McCall is great and I did get your voice mail today and I am glad that the town wants to take a more aggressive approach on this. I need to get this problem corrected. Supervisor Stec-You have been more than fair with the town. Ms. Sullivan-I too would like to see a more direct approach and I think the process of eminent domain should be considered here (gave copy of law to the Town Clerk) Supervisor Stec-The Town Counsel is looking into that as well as the classification of the stream it may give the town more leverage. TOWN BOARD MEETING 11-16-2009 MTG. #42 347 Councilman Montesi-Reviewed for the Board the status as of this date on the drainage situation with Mr. McCall. Concerned that in the area in question there is a gas line in there he is dumping stone on that. 3.0RESOLUTIONS RESOLUTION AUTHORIZING CLOSURE OF LOCK BOX RELATED TO REMITTANCE PROCESSING AGREEMENT BETWEEN TOWN AND TD BANK (FORMERLY EVERGREEN BANK) RESOLUTION NO.: 351, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 472, 2004, the Queensbury Town Board authorized a Billing Service Agreement between the Town of Queensbury and Iliant Medbill, Inc. to provide for third party billing in an effort to reduce the Town EMS tax, and WHEREAS, such Billing Service Agreement stipulated that the Town of Queensbury open and maintain a lock box and bank account for the sole purpose of receiving checks, other forms of collections and explanation of benefits from government and third party payor entities for accounts receivables billed by Iliant, and WHEREAS, by Resolution No.: 538, 2004, the Town Board authorized such lock box and bank account at Evergreen Bank (now TD Bank) for such services, and WHEREAS, after a request for proposal (RFP) process, the Town Board, by Resolution No.: 179,2008, authorized and directed the acceptance of a proposal from Emergency Management Resources, LLC (EMR) for provision of the billing and collection of emergency services and associated services provided by the Glens Falls National Bank and Trust Company, and WHEREAS, the Town Board wishes to therefore authorize the closure of its lock box at TD Bank, NOW, THEREFORE, BE IT TOWN BOARD MEETING 11-16-2009 MTG. #42 348 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the closure of the lock box at TD Bank as referenced in the preambles of this Resolution, 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 necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of November, 2009, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF AUDIT MASTERS TO CONDUCT AUDIT OF FRANCHISE FEES RESOLUTION NO.: 352, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has been approached by Audit Masters, a company offering to audit the Town’s receipt of franchise fees from Time Warner Cable, Inc., in order to ensure the accuracy of fees made to the Town and which review could provide a possible recovery of unreported revenue to the Town, and WHEREAS, Audit Masters’ fee to the Town for such services is fifty-percent (50%) of actual refunded fees or credits the Town receives as a result of Audit Masters’ services, and if there is no such recovery, there is no fee for the services, and WHEREAS, the Town’s Budget Officer has have reviewed the proposal and has recommended that the Town engage Audit Masters, and WHEREAS, the Town Board would like Audit Masters to review and analyze the Town’s proposed cable TV revenue fee language and report to the Town their conclusions and any suggestion in improvements, and TOWN BOARD MEETING 11-16-2009 MTG. #42 349 WHEREAS, the Town Board wishes to authorize engagement of Audit Masters, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Audit Masters to review the Town of Queensbury’s receipt of franchise fees from Time Warner Cable, Inc., as more fully set forth in Audit Masters’ proposal presented at this meeting together with a provision in form agreeable to Audit Masters and Town Counsel concerning Audit Masters’ review and analysis of the Town’s proposed cable TV revenue fee language with their conclusions and recommendations, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed agreement or documentation and the Town Supervisor and/or Budget Officer to take any other actions needed to effectuate the terms of this Resolution. th Duly adopted this 16 day of November, 2009, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None Discussion held before vote: Councilman Strough-Thanked Town Counsel and Barbara Tierney for their help. These people are the experts in the area and if anybody can, I cannot get a straight answer from the Public Service Commission on what is a good definition for a Cable Franchise Revenue Agreement. I have been researching it and the other Member of the Board may want to know where the Cable TV Franchise and Members of the public, stands right now. We are in the down hill side of it and I have not shared it with Ron or Bob yet, but I have eight concerns that we are starting to see daylight here. One of the things that is holding us up is the definition for franchise revenue. Other communities have gotten into Court rooms and everything else over the issue and I would like to avoid that by having a good one. I have talked to other towns about the matter and they have suggested a few language suggestion, I have not shared them with Bob but I will. We are looking at the end I expect that we will close this up within the next three or four months. To have them review our language would be a big asset. (vote taken) RESOLUTION REAPPOINTING JOSEPH FUSCO AS MEMBER OF TOWN RECREATION COMMISSION RESOLUTION NO. 353, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier TOWN BOARD MEETING 11-16-2009 MTG. #42 350 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 Joseph Fusco has expired and Mr. Fusco wishes to be reappointed to the Commission, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Joseph Fusco to serve as a member of the Town of Queensbury Recreation Commission until his term st expires on December 31, 2016. th Duly adopted this 16 day of November, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES RESOLUTION NO.: 354, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Director of Parks and Recreation (Director) has advised the Queensbury Town Board that the Town is again eligible to apply for funds from the New York State Office of Children & Family Services (OCFS) relating to Town recreation programs, and WHEREAS, the Director has requested Town Board authorization to prepare a funding application in the amount of $6,000 for youth recreation programs eligible for matching reimbursement from OCFS through the Warren County Youth Bureau, NOW, THEREFORE, BE IT TOWN BOARD MEETING 11-16-2009 MTG. #42 351 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Director of Parks and Recreation to prepare the application for recreation funds from the New York State Office of Children & Family Services and the Town Supervisor to execute such funding application, and BE IT FURTHER, RESOLVED, that in the event that the Town does receive such recreation funds, the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget by increasing Revenue Account No.: 001-0000-53820 (Youth Program) and Operating Account No.: 001-7110-4824 (Recreation Programs) by the amount of $6,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of November, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING 2010 RENEWAL CONTRACTS FOR EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH EMPIRE BLUE CROSS BLUE SHIELD AND DELTA DENTAL RESOLUTION NO. 355, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously entered into agreements for employee group health insurance plans with Empire Blue Cross Blue Shield and for employee dental insurance with Delta Dental, and TOWN BOARD MEETING 11-16-2009 MTG. #42 352 WHEREAS, the Town Board, in conjunction with Capital Financial Group, has negotiated renewal contracts for the year 2010 with Empire Blue Cross Blue Shield and Delta Dental, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal contracts for the year 2010 with Empire Blue Cross Blue Shield and Delta Dental with the 2010 monthly premiums to be as follows: TWO MEDICARE MEDICARE MEDICARE INDIVIDUAL PERSON FAMILY INDIVIDUAL 2-PERSON FAMILY PPO 555.78 1619.96 1623.54 510.57 1017.53 1579.72 EPO 512.44 1493.34 1496.92 470.75 937.87 1456.51 DENTAL 30.61 73.81 and BE IT FURTHER, RESOLVED, that the health insurance cost-sharing formula(s) shall increase from 15% to 16% for PPO coverage and 7% to 8% for EPO coverage, while the dental cost- sharing formulas shall remain $7 monthly for individuals and $10.50 monthly for families, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute future renewal contracts with Empire Blue Cross Blue Shield and/or Delta Dental without the need for additional Town Board Resolution provided that such contracts do not provide for any changes to the percentage of employee contributions toward monthly premiums and/or copays, and BE IT FURTHER, RESOLVED, that should there be changes to future renewal contracts with Empire Blue Cross Blue Shield and/or Delta Dental concerning employee’s percentage of contributions toward monthly premiums and/or a change in copay schedule, then a Town Board Resolution will be required, and BE IT FURTHER, TOWN BOARD MEETING 11-16-2009 MTG. #42 353 RESOLVED, that since the Town of Queensbury’s Non-Union employees are charged the same percentage of health care contributions as the Town’s Union employees, then future Resolutions authorizing execution of renewal contracts will not be required unless there is a change of policy whereby Non-Union employee contributions would be charged differently than Union employees which would then create the need for additional Town Board Resolution, and BE IT FURTHER, RESOLVED, that in the event that surcharges or fees are mandated or imposed on the Town’s health insurance policies that are beyond the Town’s control, resulting rate changes may be passed on to all employees without further Town Board Resolution, although the Town will provide notice of any such rate changes to all employees and retirees, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of November, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION TO AMEND 2009 BUDGET RESOLUTION NO.: 356, 2009 INTRODUCED BY: Mr.Tim Brewer 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 TOWN BOARD MEETING 11-16-2009 MTG. #42 354 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2009 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-3510-4090 ACO Training 001-3510-1020 ACO Overtime 200 001-7020-1010 Salaries 001-7110-4823 Misc. Contractual 6,000 001-7020-1020 O/T 001-7020-4400 Misc. Contractual 375 001-3620-4090 Training 001-35510-4760 Vet Services 775 002-9040-8040 Workers Comp 002-9010-8010 NYS Retirement 1,340 004-5130-2040 Heavy Equipment 004-5110-4400 Misc. Contractual 3,500 th Duly adopted this 16 day of November, 2009, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION ACCEPTING DEDICATION OF EXTENSION OF GENEVA DRIVE RESOLUTION NO. 357, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 406,93, the Town Board accepted for dedication Geneva Drive, and WHEREAS, Larry W. Clute (Developer) has offered a deed to dedicate an extension of Geneva Drive to the Town of Queensbury, as more particularly described in a survey map prepared by VanDusen & Steves, Land Surveyors dated September 25, 2009 and presented at this meeting, and WHEREAS, the Town Highway Superintendent has recommended acceptance of the road, and WHEREAS, the Town Water Superintendent has confirmed that installation of water mains and appurtenances has been made in accordance with Town Water Department standards, and WHEREAS, the Town Wastewater Director has indicated that his Department has no issues with such road dedication, and TOWN BOARD MEETING 11-16-2009 MTG. #42 355 WHEREAS, the Town Community Development Department has confirmed that its requirements have been met, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed and approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves for dedication the continuation of Geneva Drive, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Developer to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the roads to the official inventory of Town Highways as follows: Name: Geneva Drive (First portion previously accepted) Road Number: 492 Description: Beginning at Geneva Drive and continuing in an easterly direction a distance of 1,043± feet and .20± hundredths of a mile and ending at Howard Street. Feet: 1,474 th Duly adopted this 16 day of November, 2009, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None TOWN BOARD MEETING 11-16-2009 MTG. #42 356 ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – WARRANT OF th NOVEMBER 17, 2009 RESOLUTION NO.: 358, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve an audit of bills th presented as a Warrant with a run date of November 12, 2009 and payment date of th November 17, 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of November 12, 2009 and payment date of November 17, 2009 totaling $797,026.52, 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 16 day of November, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY TRY-IT DISTRIBUTING COMPANY, INC. AND NDC REALTY, LLC RESOLUTION NO.: 359, 2009 TOWN BOARD MEETING 11-16-2009 MTG. #42 357 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Try-It Distributing Company, Inc. was a tenant at the property located on 319 Corinth Road, Queensbury (Tax Map No.: 308.16-2-4) and previously commenced Article 7 Real Property Assessment Review cases against the Town for tax years 2006/07, 2007/08 and 2008/09 concerning assessments on such commercial property, and WHEREAS, NDC Realty, LLC, the property owner, commenced an Article 7 Real Property Assessment Review case against the Town concerning the assessment on the property for tax year 2009/10, and WHEREAS, the Town Assessor has recommended settlement proposals to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, it is anticipated that the Queensbury Union Free School District will approve the proposed settlements at its next School Board meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 proceedings filed by Try-It Distributing Company, Inc., as follows: Tax Year Current AV Proposed AV Reduction 2006/07 2,690,100 2,195,457 494,643 2007/08 2,690,100 1,935,500 754,600 2008/09 2,690,100 1,788,500 901,600 and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 proceeding filed by NDC Realty, LLC, as follows: Tax Year Current AV Proposed AV Reduction 2009/10 2,690,100 1,900,000 790,100 and TOWN BOARD MEETING 11-16-2009 MTG. #42 358 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds, with interest if ordered by the Court, within sixty (60) days after service upon the Warren County Treasurer of the filed Orders approving the settlements, and BE IT FURTHER, RESOLVED, that the assessment on the property shall remain at $1,900,000 on the next three (3) assessment rolls unless the assessment is subject to revision in accordance with New York State Real Property Tax Law §727, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlements in accordance with the terms of this Resolution. th Duly adopted this 16 day of November, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before vote: Councilman Montesi-Every time we do one of these our Assessor makes a note that the equalization is wrong and I know she would like to have another reval. Councilman Strough-I hate doing these the assessment is the assessment and if it has been a fair assessment and we had it independently assessed and it agreed with the assessment then to cut the assessment puts the burden on the rest of us. I do not like doing that. She explained to me very eloquently that this is our best option given this, the school has approved it and they are most impacted by it. But for the purposes of other assessments it does put the impact on the rest of us. In all fairness, Teri Ross tries to do what she can do to resist this to the point where she doesn’t feel it is reasonable to resist any further so I have to support her in that. The best thing to do to avoid some of these Article 7 Law suits is to do an annual assessment. Councilman Montesi-We will never catch up on the equalization rate unless we do it. Supervisor Stec-Right. Councilman Strough-There is talk about doing it on a County wide basis. Supervisor Stec-That is what needs to happen, it needs to be done throughout the State. Councilman Strough-Looking at the Library budget, I look at us, Glens Falls and Town of Moreau and there is disparity between one side of the river and the other. Councilman Montesi-The best would be for the County to have one equalization rate. RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH THE DOUBLE D & M ENTERPRISES TOWN BOARD MEETING 11-16-2009 MTG. #42 359 RESOLUTION NO.: 360, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Double D & M Enterprises (Daniel & Ellen Nichols) owns and operates 1300 State Route 9, Queensbury, New York, and WHEREAS, Double D & M Enterprises has applied for a renewal of its liquor license, and WHEREAS, Double D & M has requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the permit, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30-day notification period for Double D & M Enterprises permit, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30-day notification period for the permit to Double D & M Enterprises and that the Town Board has no objection to waiving the 30-day period, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of November, 2009 by the following vote: TOWN BOARD MEETING 11-16-2009 MTG. #42 360 AYES: Mr. Montesi, Mr. Strough, Mr, Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING PARTICIPATION IN WARREN COUNTY-WASHINGTON-SARATOGA-HAMILTON-ESSEX BOCES CAREER EXPLORATION INTERNSHIP PROGRAM RESOLUTION NO.: 361 , 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Warren-Washington-Saratoga-Hamilton-Essex BOCES has submitted information to the Queensbury Town Clerk requesting the Town’s participation in CEIP (Career Exploration Internship Program) Training Program which provides work based learning internship designed to encourage students to develop and demonstrate skills at a supervised worksite, and WHEREAS, by participating in such Program, eligible youth are trained to be good employees so that they are better prepared for their future while the Program also helps to promote a better understanding of local government services and fosters a spirit of cooperation between local students and the Town, and WHEREAS, participating in such Program allows the Town to provide additional services to its citizens at no expense to the Town, and WHEREAS, the Program provides insurance coverage for participating students while working at the Town, and WHEREAS, participation in the Program will not impair any existing contract for services or collective bargaining agreement, NOW, THEREFORE, BE IT TOWN BOARD MEETING 11-16-2009 MTG. #42 361 RESOLVED, that the Queensbury Town Board hereby authorizes the Town Clerk to participate in the Warren-Washington-Saratoga-Hamilton-Essex BOCES as delineated in the preambles of this Resolution and to execute a Worksite Agreement for each student participant, provided that the Town of Queensbury’s Unit of the Civil Service Employees Association, Inc. concurs with such arrangement, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Clerk to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of November , 2009, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None 4.0CORRESPONDENCE NONE 5.0TOWN BOARD DISCUSSIONS WARD I COUNCILMAN ANTHONY METIVIER ? Thanked everyone for coming out last week to vote, the turn out was low the out come for me was pretty good so thank you everyone for that. I look forward to working for you another two years, hopefully it will go as well as the last two. WARD II COUNCILMAN RONALD MONTESI ? Questioned Mike Shaw on the number of sewer variance outstanding…believe to be nine … I see there is a letter going out from his office and our Code Enforcement one restaurant has not applied for a variance … ? Drainage on Homer Avenue-also noted a drainage issue on Cline Avenue, Mike Travis has been extremely helpful to me on these … we have addressed Cline Avenue there were broken pipes that had to be repaired. Town Counsel Hafner-We were asked to work on the Route 9 Variance/Waivers we had received direction from Mike Shaw and the Supervisor that you wanted a more aggressive approach and we wrote letters to nine properties that had not either gotten a variance or extension..those letters have been sent out, if no action is taken by the end of the year Mike Shaw be speaking to the Code Enforcement Officer. WARD III COUNCILMAN JOHN STROUGH ? Thanked the voters for getting out and voting, especially the Ward III voters, and especially the Ward III voters, that voted for me. I will continue representing all well. TOWN BOARD MEETING 11-16-2009 MTG. #42 362 WARD IV COUNCILMAN TIM BREWER ? Congratulate everybody on this Board I think we do work well together, we have accomplished a lot in the last two years and I think we can accomplish a lot in the next two. ? Nice to see the elections signs are almost all gone ? The Bids for Exit 18 Corridor have come in, and they are nearly what our engineer estimated, they came in a little bit under (Supervisor Stec-will be meeting with the engineer toward the end of the month) ? You see trailer parked on what used to be called Fireman’s field on Luzerne Road those trailers are construction trailers for Kubricky Const. will be doing the remediation of the landfill on Luzerne Road. Work should be starting in the next few weeks, asked residents to avoid that area if you can. SUPERVISOR STEC ? I would like to recognize and thank all the voters in the entire town. It was very pleasing to see that all the candidates for the most part have taken their signs down. ? Not only this entire Town Board and in fact every elected official in the Town of Queensbury were all re-elected. I just think when you see all the incumbents were returned to office that really says to me that the public thinks that although not perfect we are trying our best and we are generally doing a decent job. ? Thanked TV8 and our Sponsors for televising our meetings. st ? January 1 Organizational Meeting at 10:00 AM RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 362.2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns is Town Board Meeting. th Duly adopted this 16 day of November, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury