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2009-12-21 MTG #47 REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 406 REGULAR TOWN BOARD MEETING MTG #47 DECEMBER 21, 2009 RES. 390- 403 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER- ABSENT TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS PRESS TV 8 POST STAR PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC 1.0PUBLIC HEARINGS PUBLIC HEARING- FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE BAY RIDGE VOLUNTEER FIRE COMPANY, INC. FOR 2010-2012 PUBLICATION DATE: DECEMBER 11, 2009 SUPERVISOR STEC- We’ve been working on fire company contracts and some other fire company issues throughout the Town, the five fire companies that we have off an on for the last couple months. Not long ago with Bay Ridge, part of the work with Bay Ridge is we worked not only on their contract but also on apparatus replacement. That apparatus was approved last month and is, in fact, factored into the next three years budget that we are consider passing a contract for tonight. The 2009 budget for Bay Ridge was $397,000. The proposed three years for 2010 would be $411,504, which is a 3.65% increase over 2009, and then in 2011 it stays flat at that same number or 0% increase, and then the third year 2012 it will increase to $418,674 or a 1.74% increase from 2011 to 2012. So factoring in the new vehicle that they are going to be paying for they were able to come back and at least for the first three years, towards that vehicle, maintain a relatively flat budget and we appreciate the work that they did to try to get us there. COUNCILMAN MONTESI- Plus sell two trucks SUPERVISOR STEC- And they are going to get rid of the two old trucks, absolutely. So with that said, I will open the public hearing. If there are any members of the public that would like to comment on this public hearing, I ask that you just raise your hands one at a time. I will call on people to come to the microphone. These microphones not only amplify but they record for the purpose of the record. With that said is there anyone that would like to address the Board this evening. Mr. Mellon, President of the Fire Company. PUBLIC HEARING OPENED CHUCK MELLON, PRESIDENT BAY RIDGE FIRE COMPANY & DOUG COONS, VICE-PRESIDENT OF THE BAY RIDGE FIRE COMPANY REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 407 MR. MELLON- I guess we will keep this short and sweet. I would just like to say thanks to the Town Board for working with us on the three year contract. I think it’s just going to save us a lot of time as far as each year we go through quite a few hours of preparing budgets and then meeting with the Town Board. As Dan said, after this year we’re going to stay relatively flat in our budget. We’re satisfied and like I said we appreciate the Board working with us. The only thing I want to add is that as far as the selling of the pumpers contingent on our new engine tanker was the selling of the two apparatus and one we put right on the market and surprisingly we sold it in a week. SUPERVISOR STEC- That’s great MR. MELLON- It was delivered to the Johnsburg Fire Department last Thursday night. SUPERVISOR STEC- That’s good MR. MELLON- So, that’s a good thing. Next summer we’re anticipating the delivery of our engine tanker and after warranty issues are worked out and everything is worked out that will be going on the block too and hopefully we can sell it within a short period of time. The proceeds of that, of course, goes to debt just like we had talked to the Board about. Basically, that’s it for us. We’re satisfied if you’re satisfied. I think it’s a good contract and we had to definitely had to pull in here and there but we can do it. If there are any problems we will have to come back to see you I guess. Hopefully everything will be fine. SUPERVISOR STEC- Hopefully. Alright, thank you both, we appreciate it. MR. MELLON- Okay, thank you SUPERVISOR STEC- Thank you very much. Is there any other member of the public that would like to comment on this public hearing? Seeing none I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE BAY RIDGE VOLUNTEER FIRE COMPANY, INC. FOR 2010 - 2012 RESOLUTION NO.: 390, 2009 INTRODUCED BY: Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the Bay Ridge Volunteer Fire Co., Inc., have negotiated terms for a new three (3) year Agreement for fire protection services, and REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 408 WHEREAS, in accordance with Town Law §184 and General Municipal Law st §209(b), the Town Board conducted a public hearing on Monday, December 21, 2009 and heard all interested persons concerning the proposed Agreement, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the Bay Ridge Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of December, 2009, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer 2.0PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) TAMMY SULLIVAN- Spoke to the Board regarding ongoing flooding issues on her property on Homer Avenue. COUNCILMAN MONTESI- Has been in contact with DEC. Tomorrow an ECO Officer is scheduled to visit the McCall property where he has filled in his stream in front of his building, where the parking lot keeps eroding. He keeps putting stones in there and that’s a violation of the environmental law in terms of a trout stream. Received a call from residents on Garrison and Fort Amherst that have had unusual water in their basement. Has been in contact with the County to ask them to inspect the culvert that runs underneath Bay Road and the one that runs underneath Quaker. Would like to see if that has anything to do with the water backing up on Fort Amherst or Garrison or on Ms. Sullivan’s property. MS. SULLIVAN- Questioned the Board regarding what has been done with regards to Tyrrell’s moving some containers. SUPERVISOR STEC- Craig Brown, the Code Enforcement Officer, was pursing that a letter. Enforcement can be very difficult when people don’t want to comply. Will contract Craig tomorrow to see if he has heard anything back from them. MS. SULLIVAN- Has the Town Attorney looked into eminent domain on this? REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 409 SUPERVISOR STEC- They are looking into what the Highway Departments options might be to dig a trench and open it up. MS. SULLIVAN- I don’t feel like this is top priority SUPERVISOR STEC- We are dealing with private property. It is a lot more difficult when you are dealing with private property. MS. SULLIVAN- It’s been three and a half years. Would like to see something done. Does not want to go through another spring and summer of flooding. SUPERVISOR STEC- We understand that COUNCILMAN MONTESI- We did the engineering work and then the question was how do we do this so we don’t interrupt business for Time Warner, Minogues and McCall. Arrangements were made to help accommodate these businesses during this phase but when it came to sign easements they were notified by one business owner that they would sign the easement but didn’t have the money to contribute. That led us to ask our Attorneys how can we charge for that. MS. SULLIVA N- What was the outcome of that? Is that possible? COUNCILMAN MONTESI- I don’t think it is TOWN COUNSEL HAFNER- I can answer some of these questions. You did ask us to look into it. There is away that a district that could be formed which the charge would be charged to the people who are benefited. We understood that was not your first option. You would have to have a map, plan and report like you do with other districts. Because we were unable to get Mr. McCall to give us the easement with the funds at the same time, if we wanted to proceed with eminent domain that is something that we could do. We would have to pay them market value. There is a process that we have to go through. The cost would then be allocated amongst those who are benefited. There is a way that we can get there, but most municipalities are not that eager to do eminent domain unless they absolutely have to. If you do a district you have to charge those people who are benefited. COUNCILMAN MONTESI- Eminent domain would still put the burden on the Town. The Town wouldn’t be very fiscally responsible if we paid the portion that McCall’s isn’t willing to contribute. Minogues and Time Warner are still willing to pay their portion. TOWN COUNSEL, HAFNER- We don’t have a way to just charge him because he’s not the only person who is benefiting. There are a lot of properties that we understand would be benefitted from having this drainage fixed. It’s not just putting it the same place that it currently is, it’s fixing it so that it would be a better engineered drainage system. COUNCILMAN MONTESI- Ms. Sullivan originally started this with a lawsuit which we got to this point with. I don’t know what the percentage of who is paying what on it. SUPERVISOR STEC- That wasn’t relevant to her lawsuit that was something that the Town had worked out with the three owners. TOWN COUNSEL, HAFNER- We had an agreement on costs and Mr. McCall was part of it but he wouldn’t agree to give us the agreement at that time until worked out plans and then when he was willing to sign the easement he said he was no longer willing to contribute his share of the costs. The costs were allocated amongst the three businesses and the Town. COUNCILMAN MONTESI- We’ve already paid for the engineering MS. SULLIVAN- So he says he doesn’t have any money so therefore it doesn’t get done? REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 410 SUPERVISOR STEC- At this point we could sue him TOWN COUNSEL, HAFNER- Someone has to agree. There never was a fully signed agreement. SUPERVISOR STEC- Well, its private property TOWN COUNSEL, HAFNER- Right. We got to this stage where we had enough details that we could sign and he said he was not willing to contribute anymore. There is no law requiring him to contribute. MS. SULLIVAN- I thought legally you can not actually cause flooding to your neighbors property TOWN COUNSEL, HAFNER- If that is your claim than that is your individual claim against him that’s not the Town’s claim against him. You would have to talk with your attorney on that. That’s a private property right. SUPERVISOR STEC- All his approvals are conditioned on him fixing the drainage. He can’t get a building permit. COUNCILMAN MONTESI- He was told when he came in for a building permit and he was denied because he needs to tie into the renovated pipe with his storm water. MS. SULLIVAN- When was the last time he asked for a building permit? SUPERVISOR STEC- A month or two ago. We will follow up with Craig Brown and Mike Hill. COUNCILMAN MONTESI- Tomorrow someone from DEC will visit the site. TOWN COUNSEL, HAFNER- Will be in contact with Mike Hill to get attorney information for Mr. McCall. PLINEY TUCKER- Questioned resolution 3.6 Resolution Authorizing Use of Occupancy Funds Toward Reimbursement of Town Recreation Projects. SUPERVISOR STEC- Explained that the occupancy tax fund that the Town has gives us flexibility to use anytime we spend money on things that draw visitors to the area we can use occupancy tax funds as opposed to general funds. These reimbursements are in the area of programs that the Recreation Department had put like plays and things like that where they hired a company to come in and put on a show for the area. The idea being it could be bringing people to the area. We are going to take approximately $36,000 from the occupancy tax and reimburse the Recreation Department. MR. TUCKER- Questioned Resolution 3.7- Authorizing Transfer of $1,154,825 from Landfill Capital Reserve Fund #63 to General Fund Capital Reserve Fund #64. SUPERVISOR STEC- Explained that the State and DEC required years ago that the Town set up a reserve fund for the Ridge Road Transfer Station landfill cap to make sure that we can keep up with perpetual care. At the time the Town put a lot of money in there. We’ve used it to mow and sample and what not over the years. But, the funds still has grown and it has gotten to be significant. The research that Barbara and the Town Attorney did discovered that back when this was formed a certain amount was put into the fund, about seven or eight hundred thousand dollars and now there is 1.9 million dollars in the fund. We are going to take it from the solid waste reserve fund and take 1.1 million dollars of that and put it into the capital reserve fund. It’s staying in a reserve fund but it will be free for other uses other than the solid waste fund. COUNCILMAN STROUGH- Maintaining five hundred and sixty thousand for future water testing and two hundred thousand for unforeseeable REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 411 SUPERVISOR STEC- DEC was consulted in all this and DEC said we don’t have a requirement for how much money you keep in there as long as you keep something in there. We are about half way through that time period and we haven’t experienced any problems other than we had to mow it once or twice a year and do the sampling on it. MR. TUCKER- I was here when this was all done and it was three million bucks that we put into that fund and the State of New York required it. TOWN COUNSEL, HAFNER- We asked the Town Clerk to get us all of her file materials on it and we went through every piece of paper she provided us and we did not see a requirement of that amount of money. There was a requirement back in the late eighty’s where the Town had to start saving up money for the capping and the work involved with that. But when it was capped in 1998 or 1997 somewhere around there, they did not have a specific amount; at that time whatever was left was put in the capital reserve fund. It appears we had a copy of a letter that the Town Budget Officer had written to DEC and they wrote back saying “yes we require you to keep a certain amount of funds to be able to deal with the testing and possible contingencies that may occur, but no we do not have a set amount”. We looked at the regulations and the regulations had rules about having a reasonable amount to be able to pay the engineering for the testing each year for the remainder of the time and to have some sort of contingency amount. The amount that we chose was the amount that was chosen when the Board last faced this and the Board said at that time said this is a reasonable amount. It is now ten years later and we are still using that same exact amount even though one third of the thirty year period has now past. MR. TUCKER- Did you look at financial records? SUPERVISOR STEC- Yes, Darleen searched everything she could get her hands on. MR. TUCKER- Will this money draw interest? SUPERVISOR STEC- Yes, and it’s restricted, it’s a capital reserve just like where it’s coming from MR. TUCKER- Questioned resolution 3.11 Amending and Restating Resolution Authorizing Issuance of up to $3,050,000 in Serial Bonds of the Town of Queensbury to pay the cost of acquisition, construction and installation of Main Street improvements and authorizing issuance of up to $3,050,000 in bond anticipation notes of the Town of Queensbury for the same purpose. SUPERVISOR STEC- Explained this is the Main Street Project. We have been working on this. We’ve had some workshops on it including with Barton and Loguidice a few weeks ago. Now it’s at the point where the project is ready to move forward. Today there was a preconstruction meeting at Warren County on it with the contractor and all the involved municipalities and utilities. The project is going to get underground sometime early in 2010. In the meantime, for our local share we’ve got water, sewer and our own local share for undergrounding utilities and what not. What this resolution does is that it authorizes us to borrow, doesn’t actually borrow the money, we won’t do that until we actually have a dollar amounts in place as things get completed, but it will authorize up to $3,050,000 in borrowing for the Town’s local share of Main Street. MR. TUCKER- At the moment is that the total amount of the Town’s share? SUPERVISOR STEC- Yes, right now that would be the total amount that we haven’t already expended. We did by previous resolution about a year ago authorize up to a million dollars for property acquisition and we are just about through that entire process. Also, last December we also authorized the sewer portion borrowing, which again it’s been authorized but we haven’t borrowed yet. That was 1.4 million dollars. MR. TUCKER- The sewer borrowing will be charged to the district? REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 412 SUPERVISOR STEC- Absolutely. The water portion, water has cash in their reserve so the water district work won’t be borrowed at all. They are going to pay for it out of their fund. MR. TUCKER- Questioned why the resolution states “Amended and Restated” TOWN COUNSEL, HAFNER- At the time when we did the earlier resolution we only included certain costs because we didn’t have all the costs. We met Barton and Loguidice about three weeks ago MR. TUCKER- This includes the adjustments you made in that meeting? TOWN COUNSEL, HAFNER- Yes and it included numbers that we didn’t have before. We knew that the number was going to have to increase and that the time we weren’t sure whether we were going to do a separate resolution but looking at it it made sense to include all of them in one bond resolution. So we amended and restated the prior. MR. TUCKER- With regards to the workshop last week, you talked about the Attorneys fees SUPERVISOR STEC- We talked to our current firm about the terms that we might re- hire them for next year. MR. TUCKER- Did you settle on any figures? st SUPERVISOR STEC- I believe so yes. That resolution will be on for January 1. I think the Board is considering renewing them for a two year contract with terms pretty similar to what we currently have. MR. TUCKER- Questioned Supervisor Stec on surplus funds balance? SUPERVISOR STEC- Don’t know of the top my head. The number we have all been going around is zero. We are going to be borrowing money to make payroll in January. MR. TUCKER- Questioned Supervisor Stec if his position as Town Supervisor a full- time position? SUPERVISOR STEC- It is JEFF MORRISON- Spoke to the Board regarding a letter that was sent to Councilman Montesi regarding the mobile home park on Montray Road. After the meeting aired and reports in the Post Star neighbors were concerned about the mobile home park being shut down by the Town. Spoke on behalf of his neighbors stating there have been issues in the past, but contrary to what the Post Star has reported, there has not been a continuous flow of problems. SUPERVISOR STEC- Not aware of any current enforcement issues. MR. MORRISON- The gentleman that owns the park is not an absentee landlord. He ran a beautification and clean-up of the park this past spring. COUNCILMAN MONTESI- Made a visit with the Building inspector and noted that there are no current violations. Spoke with Dave Hatin who reported that things are much better now. In the past, there have been some violations that were corrected. NEIL LAVIGNE- Spoke regarding the family on Connecticut Avenue in West Glens Falls who lost their home to fire a few weeks ago. If anyone is interested in helping this family, donations can be made to TD Banknorth. REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 413 3.0RESOLUTIONS RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES RESOLUTION NO.: 391, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Accountant has advised the Town Board that the Town is eligible to apply for reimbursement funds from the New York State Office of Children & Family Services (NYS OCFS) relating to the support of the Warren County Youth Court, and WHEREAS, the Town’s Accountant has requested Town Board authorization to prepare a fund application in the amount of $5,000 of the total amount of support proposed for the Warren County Youth Court in 2010, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accountant to prepare the application for Youth Development/Delinquency Prevention Youth Services Funds from the New York State Office of Children and Family Services and further authorizes and directs the Town Supervisor, Town Budget Officer and/or Accountant to execute the funding application and take any other action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of December, 2009, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ACCEPTANCE OF PARCEL OF LAND LOCATED ALONG RIDGE ROAD IN THE TOWN OF QUEENSBURY FROM JACKSON AND BARBARA LAWRENCE RESOLUTION NO.: 392, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 414 SECONDED BY: Mr. Ronald Montesi WHEREAS, Jackson and Barbara Lawrence have offered to donate to the Town of Queensbury an approximately 3.34 acre portion of land located along Ridge Road, contiguous to the Jenkinsville Park Property in the Town of Queensbury, designated as Tax Map No.: 279.-1-33, to the Town of Queensbury, and WHEREAS, the Town’s Recreation Commission has reviewed such offer and have recommended that the Town Board accept such parcel to be used as green space and to remain undeveloped, and WHEREAS, the Town Board has evaluated the proposal and feels that acquisition of the parcel will benefit Town residents and therefore the Board wishes to authorize its acceptance, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the transfer of an approximately 3.34 acre portion of land located along Ridge Road, contiguous to the Jenkinsville Park Property in the Town of Queensbury (Tax Map No.: 279.-1-33), to the Town of Queensbury, such parcel to be used as green space and to remain undeveloped, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any and all documents necessary to complete this transaction including any required real property transfer forms in form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the cost of any recording fees shall be paid for from account(s) to be designated by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that the Town send a certified copy of this Resolution to the Lawrence family with a letter thanking them for their generosity in donating the parcel to the Town, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 415 RESOLVED, that the Town Board further authorizes and directs the Town Board, Town Budget Officer and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of December, 2009, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING CERTAIN EMPLOYEES TO CARRY OVER UNUSED VACATION TIME RESOLUTION NO.: 393, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, due to a change in the way the Town of Queensbury’s employees accumulate vacation days, certain employees have accumulated vacation days that they will st not be able to use before December 31, 2009, and WHEREAS, such employees have therefore requested that the Town Board st authorize the carry-over of vacation days beyond December 31, 2009 and the Town Board wishes to approve such requests with the understanding that such approval shall not be considered as a precedent for approval of any future requests, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the following st employees to carry over vacation time beyond December 31, 2009 not to exceed: 1.Peggy Quintal – 9 days 2.Karen Stockwell – 8.5 days 3.Diane Von Braun – 8 days 4.Tom Van Ness – 9 days 5.Pamela Whiting – 5 days 6.Craig Brown – 17 days 7.Mike Shaw – 5 days REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 416 8.Pete Smith - 1 day 9.Rick McFarlane - 2 days st such time to be utilized by December 31, 2010, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of December, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING BARTON & LOGUIDICE, P.C., TO PROVIDE ADDITIONAL ENGINEERING SERVICES RELATED TO THE MAIN STREET INFRASTRUCTURE AND REDEVELOPMENT PLAN RESOLUTION NO.: 394, 2009 INTRODUCED BY: Mr. Anthony Metivier SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board met with representatives of Barton & th Loguidice, P.C. (B&L) at a Town Board Workshop on November 30, 2009 to discuss the continuation of services by B&L relating to the Town’s Main Street Infrastructure and Redevelopment Plan (Project), and WHEREAS, B&L offered to provide needed additional engineering services related to such Project for an additional amount not to exceed $356,700 as delineated in a copy of th B&L’s letter to the Town Supervisor dated November 25, 2009, and WHEREAS, in accordance with the Town Ethics Code, §14-5. Standards of conduct, “elected Town Officials shall disclose campaign contributions of $100 or more from a person or entity who is specifically and significantly affected, positively or adversely, by an action of the Town Board. Such disclosure requirement applies to contributions made within the previous two years prior to the date of the relevant Town REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 417 Board Resolution and shall be made through inclusion within the relevant Town Board Resolution,” and the Town Supervisor has disclosed that Richard Straut, an employee of Barton, as an individual contributed $200 to the Town Supervisor’s campaign fund in the summer of 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.C. for the provision of the additional engineering th services described in this Resolution and delineated in B&L’s November 25, 2009 letter for an amount not to exceed $356,700, and BE IT FURTHER, RESOLVED, that the Town Board hereby increases appropriations and estimated revenues for Capital Project Fund #126 in the amount of $356,700, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the 2009 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed Agreements and/or documentation and the Town Supervisor and/or Town Budget Officer take such other and further action necessary to effectuate all terms of this Resolution. st Duly adopted this 21 day of December, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Brewer RESOLUTION ACCEPTING DEDICATION OF BAYBRIDGE DRIVE EXTENSION RESOLUTION NO.: 395, 2009 REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 418 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 363 of 1987, the Town Board accepted for dedication Baybridge Drive, and WHEREAS, Legacy Land Holdings, LLC (Developer) has offered a deed to dedicate an extension of Baybridge Drive to the Town of Queensbury, as more particularly described in a survey map prepared by Donald L. Pidgeon, Jr., Licensed Land Surveyor dated September 28,2009 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 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 extension of Baybridge 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, REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 419 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: Baybridge Drive (First portion previously accepted) Road Number: 441 Description: Beginning at Bay Road and continuing in an westerly direction a distance of 960± feet and .18± hundredths of a mile and ending at Baybridge Drive. Feet: 960± st Duly adopted this 21 day of December, 2009, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING USE OF OCCUPANCY FUNDS TOWARD REIMBURSEMENT OF TOWN RECREATION PROJECTS RESOLUTION NO.: 396, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by prior Resolution and Agreement the Queensbury Town Board provided in the 2009 Town Budget 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 accordingly authorize provision of such funds, in the amount of $36,773.58, to be used toward reimbursing the Town Recreation REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 420 Department for expenditures related to the Department’s special events, brochure production/distribution costs and recreational attractions, such events offered not only to Town of Queensbury residents, but also by the general public, who serve as an economic boon to the Town of Queensbury and entire area, as delineated in the Town Parks & th Recreation Director’s December 16 Memorandum to the Town Supervisor presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the expenditure of funds in the amount of $36,773.58 for reimbursement to the Town’s Recreation Department as delineated in the preambles of this Resolution, such funds to be from Warren County occupancy tax revenues received by the Town and to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to effectuate the following 2009 Budget Amendment: ? Increase Appropriations in Use of Occupancy Tax Account 050-6410- 4412 by $36,773.58; and adjust the expense codes as needed, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Director of Parks and Recreation to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of December, 2009, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING TRANSFER OF $1,154,825 FROM LANDFILL CAPITAL RESERVE FUND #63 TO GENERAL FUND CAPITAL RESERVE #64 REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 421 RESOLUTION NO.: 397, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board previously established a capital reserve fund to finance closure of the Town’s Landfill (“Landfill Capital Reserve #63”), subject to permissive referendum, and WHEREAS, the Town Board previously designated $560,000 of Landfill Capital Reserve #63 for future well testing and maintenance costs and $200,000 for quick response remediation, and , WHEREAS the amount of money currently in Landfill Capital Reserve #63 exceeds these amounts, and WHEREAS, the Town Board wishes to transfer the excess funds to General Fund Capital Reserve #64, and WHEREAS, in accordance with General Municipal Law §6-c(9), the Town Board may authorize the transfer of part of the unexpended balance of a capital reserve fund to another capital reserve fund, NOW, THEREFORE, BE IT RESOLVED, that in accordance with New York State General Municipal Law §6-c, as amended, the Queensbury Town Board hereby authorizes the transfer of $1,154,825 from Landfill Capital Reserve #63 to General Fund Capital Reserve #64; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum as provided by General Municipal Law §6-c and Town Law Article 7, and shall not take effect until such time as provided therein and the Town Clerk is hereby authorized and directed to post and publish the notice required for Resolutions subject to permissive referendum. st Duly adopted this 21 day of December, 2009 by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: Mr. Brewer REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 422 RESOLUTION SETTING PUBLIC HEARING ON 2010 – 2012 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH QUEENSBURY VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 398, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the South Queensbury Volunteer Fire Co., Inc. have negotiated terms for a new three (3) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning the proposed 2010-2012 Agreement for fire protection services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed 2010-2012 fire protection services Agreement between the Town of Queensbury and the South Queensbury Volunteer Fire Co., Inc., on Monday, January th 11, 2010 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. st Duly adopted this 21 day of December, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 423 NOES: None ABSENT: Mr. Brewer RESOLUTION SETTING PUBLIC HEARING ON SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE A TRUCK AND TO USE TAX-EXEMPT FINANCING FOR SUCH PURCHASE RESOLUTION NO.: 399, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury and the South 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 Engine Pumper Tanker (Truck) to replace a current piece of apparatus (E307), 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 $575,000, 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, proceeds from the sale of the Fire Company’s replaced apparatus would be applied to its highest rate debt, and WHEREAS, the Fire Company plans on paying for the proposed, new Truck by entering into an approximately $575,000 maximum amount of tax-exempt financing (having a 10 year term) with a financial institution, and REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 424 WHEREAS, the Town Board wishes to set a public hearing concerning the Fire Company’s proposed purchase, as such proposed purchase is required by the Fire Company’s Agreement with the Town, and such proposed tax-exempt financing also requires a public hearing under the Internal Revenue Code, 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 409 Dix Avenue in the Town of Queensbury, New York, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning South Queensbury Volunteer Fire Co., Inc.’s proposed Truck purchase delineated in the preambles of this Resolution and the financing of such proposed purchase th using tax-exempt financing on Monday, January 11, 2010 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 fourteen (14) days prior to the Public Hearing. st Duly adopted this 21 day of December, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Brewer RESOLUTION TO AMEND 2009 BUDGET RESOLUTION NO.: 400, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 425 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 $ 001-1355-1010 Wages 001-8010-1010 Wages 13,000 001-1355-1010 Wages 001-8020-1010 Wages 17,200 001-1620-4300-0027 Electricity 001-1620-1020 Overtime 1,500 001-1910-4200 P&C Insurance 001-1010-4400 Misc. Contractual 2,000 001-3620-4410 Fuel 001-3510-4410 Fuel 250 005-9040-8040-4981 Workers Comp Ins 005-3410-4400-4981 Misc. Contractual 15,000 040-8320-4300 Electricity 040-1680-2032 Software 14,000 040-1680-4800 Repairs and Supplies 040-1680-2032 Software 3,000 Increase Revenue 004-0000-52680 Insurance Recovery 764 Increase Appropriation 004-5130-4110 Vehicle Repair 764 Increase Revenue 126-0000-52401 Interest 21,390 Increase Appropriation 126-9730-7030 BAN Interest 25,000 Decrease Appropriation 126-5020-2899 Capital Construction 3,610 st Duly adopted this 21 day of December, 2009, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer AMENDED AND RESTATED RESOLUTION AUTHORIZING ISSUANCE OF UP TO $3,050,000 IN SERIAL BONDS OF THE TOWN OF QUEENSBURY TO PAY THE COST OF ACQUISITION, CONSTRUCTION AND INSTALLATION OF MAIN STREET IMPROVEMENTS AND AUTHORIZING ISSUANCE OF UP TO $3,050,000 IN BOND ANTICIPATION NOTES OF THE TOWN OF QUEENSBURY FOR THE SAME PURPOSE RESOLUTION NO.: 401, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board has determined that it is in the best interests of the entire Town of Queensbury to place public and private utilities below ground and to place ancillary utility facilities above ground along County Route 28 from REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 426 west of the intersection with Big Bay Road to the intersection with Hudson Avenue in the City of Glens Falls, and , WHEREASthe Town has many potential costs relating to the undergrounding of utilities certain of which must be paid in advance to Warren County, and , WHEREASthese costs includethe local share of the underground services, the local share of the remainder of the gateway enhancement improvements (Kiosk and Richardson Street trail) under PIN 1756.27, the underground conduit system for the private utilities and excess sewer capacity to accommodate future growth (the “Project”), and , WHEREASon June 29, 2009 the Town Board adopted a Resolution (the “Original Bond Resolution”) authorizing issuance of $1,600,000 in serial bonds and/or bond anticipation notes of the Town to pay a portion of the cost of the Project, and , WHEREAS since that time the Town Board has received estimates of additional costs required in connection with the Project, and , WHEREAS the Town Board wishes to amend and restate the Original Bond Resolution to authorize financing for the additional costs associated with the Project, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is the portion of the costs of placement of public and private utilities below ground and ancillary utility facilities above ground concurrently with a Warren County public project (PIN 1753.80) to reconstruct and widen approximately 2.9 kilometers of County Route 28 (also known as Corinth Road, Main Street and/or Broad Street), relating to the local share of underground services, the local share of the remainder of the gateway enhancement improvements (Kiosk and Richardson Street trail) under PIN 1756.27, the underground conduit system for the private utilities and excess sewer capacity to accommodate future growth, and further including related preliminary and incidental costs (the "Project"), and such specific object or purpose is hereby authorized at a maximum estimated cost of Five Million Fifty Thousand Dollars ($5,050,000.00). Section 2. The plan for the financing of such maximum estimated cost is as follows: (a) issuance of up to Three Million Fifty Thousand Dollars ($3,050,000) in serial bonds or bond anticipation notes of the Town, hereby authorized to be issued pursuant to the Local Finance Law; and REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 427 (b) application of up to Two Million Dollars ($2,000,000) generated by a surcharge based on kilowatt hour consumption assessed by National Grid on all of its customers within the Town to pay a portion of the cost of undergrounding National Grid’s transmission lines. 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 the Original Bond Resolution. Pursuant to Local Finance Law Section 107(d)(9), no down payment from current funds is required. Section 3. The Town Board hereby determines that it is in the public interest to underground utilities along such road and to pay all costs related to such Project, and that such Project is a public betterment which benefits the entire Town. Section 4. It is hereby determined that the period of probable usefulness of the specific object or purpose is fifteen (15) years, pursuant to Subdivision 35 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 due and payable in such years. There shall annually be levied on all the taxable real property of the Town 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 $3,050,000, the maximum maturity of which shall not exceed the fifteen (15) 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 $3,050,000 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 REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 428 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 not 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 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 or declining annual debt service for the repayment of such Bonds if he believes it is in the best interests of the Town. Section 13 . The bonds and/or notes may be sold at public or private sale in accordance with the provisions of the Local Finance Law. If the bonds and/or notes are to be sold at public sale, the Chief Fiscal Officer is hereby authorized to engage the REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 429 services of Fiscal Advisors and Marketing, Inc., or other qualified fiscal advisor to assist the Town in matters relating to such public sale. Section 14. If issued, the notes shall be in registered form, and shall bear interest at the determined rate. Section 15. 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 16. 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 17. 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 103.10(3). Section 18. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 19. This Resolution is subject to permissive referendum pursuant to Article 7 of Town Law and Section 35 of Local Finance Law, and shall not take effect until such time as provided. The Town Clerk is hereby authorized and directed to post and publish the notice required for Resolutions subject to permissive referendum. Section 20. 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 REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 430 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 21. 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 22. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: st Duly adopted this 21 day of December, 2009, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES: 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. RESOLUTION APPROVING AUDIT OF BILLS – WARRANT OF nd DECEMBER 22, 2009 RESOLUTION NO.: 402, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to approve an audit of bills th presented as a Warrant with a run date of December 17, 2009 and payment date of nd December 22, 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with thnd the run date of December 17, 2009 and payment date of December 22, 2009 totaling $361,646.52, and REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 431 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. st Duly adopted this 21 day of December, 2009, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: Mr. Brewer 4.0CORRESPONDENCE DEPUTY TOWN CLERK, MELLON- The Supervisor’s report for Community Development/Building and Codes for the month of November is on file in the Town Clerk’s Office. 5.0TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER- ? Thanked the Lawrence Family for donating the land on Ridge Road. It will be a nice asset to the Town. It is a beautiful piece of property. ? We are coming to a close on my first term on this Board and wanted to thank everyone on the Board as well as constituents. It has been a pleasure and looks forward to the next two years. 2010 is going to be an exciting year. ? In 2010 we are going to look to start promoting the Town of Queensbury. We have a lot to promote, we are very fortunate to live here. We have some money in the occupancy fund to do that. ? Thanked all the volunteers both fire and EMS for another great year of service. They certainly do a lot and get very little out of it so thanks to everybody there. ? Happy Holidays to everybody COUNCILMAN MONTESI- ? Read an article in the paper regarding the folks at Travelers have put together seventeen thousand pounds of food for the food pantry in Glens Falls. It is a nice that so many people feel the need to help the needy. If you are interested in helping, Hannaford sells boxes for ten dollars that have an assortment of canned good and packaged goods. It is a wonderful idea and they are doing very well with it. ? Wished everyone a Merry Christmas. COUNCILMAN STROUGH- ? In receipt of the Fire Marshalls report for November. So far this year Mike Palmer’s Department has done over two thousand one hundred and ninety eight inspections. Spoke regarding safety with regards to heating appliances and the need for routine maintenance and cleaning. Thanked his department for the good work ? With regards to the Queensbury Senior Citizens, their website is www.seniorsonthego.org . Reviewed the list of activities available to members. It you are fifty-five or older and interested in joining please call 761-8224. REGULAR TOWN BOARD MEETING 12-21-2009 MTG #47 432 ? Received a call from a concerned resident with regards to texting while driving. This gentleman is a former New Jersey police officer and will be visiting Queensbury School and discussing with students the dangers involved with texting while operating a motor vehicle. ? Wished everyone happy and healthy holidays. SUPERVISOR STEC- ? Spoke regarding the public hearing at the County a couple of weeks ago. Councilman Montesi and Councilman Strough both attended the meeting. Former Supervisor Dennis Brower came and spoke in opposition of raising the sales tax. In the end all five of the Queensbury Supervisors ended up opposing the sales tax increase. ? Thanked TV8 and its sponsors for televising our meetings. ? Town’s website www.queensbury.net There is a lot of good information available there. ? With regards to Mr. Lavigne’s comments concerning the fire victims. There have been several fires this heating season already in our area. The folks on Connecticut Avenue who lost their home a couple of weeks ago have been adopted by the Town to help provide a Christmas for their family. Every year Darleen Dougher, the Town Clerk and the employees at Town Hall adopt a family or two to help them out with gifts and things people need this time of year for the holidays. It is very encouraging to live in a community such as ours where people do pull together and help each other out in times of need. ? Wished everyone a Merry Christmas on behalf of Councilman Brewer who could not be here tonight due to illness. ? Wished everyone Happy Holiday, Happy Hanukkah and Merry Christmas ? There will be an Organizational Meeting on January 1, 2010 at 10:00AM in the Activities Center. After that, the next regular Town Board meeting will be held on January 11, 2010 RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 403, 2009 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 Regular Town Board Meeting. st Duly adopted this 21 day of December, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Brewer Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury