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2012-11-19 Mtg 27 REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 638 REGULAR TOWN BOARD MEETING MTG#27 NOVEMBER 19TH, 2012 RES# 332-359 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS WASTEWATER DIRECTOR, MIKE SHAW PRESS POST STAR, LOOK TV 1.0 HEARING LAKE GEORGE CAMPSITE'S APPLICATION FOR FOURTH VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136-SEWERS AND SEWAGE DISPOSAL ATTORNEY CHARLES DUMAS PRESENT SUPERVISOR STEC-We have had a few of these variances at this property and others in the past they have been looking for another one year extension here. COUNCILMAN MONTESI-No, nineteen months. SUPERVISOR STEC-Eighteen months. COUNCILMAN BREWER-Is anyone here representing them Dan? SUPERVISOR STEC-I'm not sure. Do you want to come to the microphone sir and please state your name and address I presume you are the agent for the owner? ATTORNEY CHARLES DUMAS-from the law firm of Lemery Greisler. SUPERVISOR STEC-Does anyone have any questions? COUNCILMAN BREWER-I have a couple questions. Last year when you were in here probably not you, but there was an indication that they were going to REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 639 rework the property and do some different things on there is that still planned is that ever going to happen? ATTORNEY DUMAS-I appreciate the opportunity to present. This has been a difficult period of time for the RV business and campsites. I think that is probably the largest reason for the delay in being able to develop a plan. The property is a complicated property there are some two hundred campsites and the development of the engineering plan would require discerning the number of dumping stations that might be anywhere between three and five dumping stations. I think there was some discussion about some campsites having direct connect, but that hasn't been decided. One of the things the owner of the property has really been focused on is bringing it back to profitability after the abyss that we have been in. The question was whether to make the investment in designing a fairly complicated system for the property or maybe look to repurpose it in some other fashion. I think we're to the point now where we can focus on putting together a proper design for it and I think that is the request for the additional eighteen months. SUPERVISOR STEC-Other questions or comments from the Town Board? COUNCILMAN MONTESI-It says nineteen months. ATTORNEY DUMAS-I believe the application is for eighteen. SUPERVISOR STEC-It is a typo. ATTORNEY HAFNER-There must be a typo it is correct in the resolved. SUPERVISOR STEC-It is eighteen months. ATTORNEY HAFNER-In the second resolved it does says eighteen I read the application that is what it asked for. ATTORNEY DUMAS-The other item that I think that is appropriate to speak to there is a provision in the variance ordinance it is 136.44-1C5A, which speaks to the notion of paying sewer fees as if the property were connected that is a particular difficulty for this property in view of the fact that the system hasn't been designed. I think there would probably be some difficulty in calculating what those fees would be. This is a pretty unique property in that it is not a residence or an office building that lends itself to that calculation readily. So, I would ask that in your deliberation that you consider a waiver of that provision as well. COUNCILMAN MONTESI-Let me ask you a question how many campsites are there? ATTORNEYS DUMAS-There are approximately two hundred. COUNCILMAN MONTESI-Alright. Two hundred for four months we would be able to determine a flow on that. SUPERVISOR STEC-And somehow we have been treating this property this way for three years already. I think we understand what we mean when we say to REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 640 charge it as though it was connected and we have been doing this it isn't new and it won't change. ATTORNEY HAFNER-I see Mike Shaw nodding back there. SUPERVISOR STEC-Any other questions or comments? COUNCILMAN STROUGH-I think what you might be referring to because you are in a sewer district you have to pay a district fee. ATTORNEY DUMAS-Yes. COUNCILMAN STROUGH-You are not paying anything for the flow because you are not contributing. ATTORNEY DUMAS-Because there is no flow that is correct. COUNCILMAN STROUGH-So I am not quite sure what you are asking for. SUPERVISOR STEC-I think you just hit the nail on the head that is what these properties pay when they are not connected. COUNCILMAN STROUGH-So you don't pay a flow fee. ATTORNEY DUMAS-No there isn't. COUNCILMAN BREWER-Wait a minute Mike is shaking his head come on up. SUPERVISOR STEC-Four years of these this is the first time this has ever come up go ahead Mike. WASTEWATER DIRECTOR, MIKE SHAW-Just so everyone understands the way the calculations for these people today aren't connected to be on the variance request time. It is calculated as if they were connected so they do pay for the flows and they do pay for the taxing. In this situation with the property it is a benefit tax roll it takes into consideration acres and there is a multiplication for gallons a day so those two things we get from the water meter readings and from the Assessor's Department so he is paying on his tax and he is paying the quarterly bill. SUPERVISOR STEC-This has been the case since we through the switch on the sewer district years ago. WASTEWATER DIRECTOR, MR. SHAW-That is correct about six years ago. SUPERVISOR STEC-Six years? WASTEWATER DIRECTOR, MR.SHAW-Yes. COUNCILMAN BREWER-So he has been asking for this waiver for at least six years then or five years. REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 641 WASTEWATER DIRECTOR, MR. SHAW-Probably the last four years he has gotten a couple of waivers. SUPERVISOR STEC-Again we want these properties that are in the district to connect so we don't want to desensitize connection by making it financially other than the cost of avoiding a capital construction project. ATTORNEY DUMAS-The mitigating factor is that the system is functioning and I provided the maintenance records to the Clerk. SUPERVISOR STEC-Any other questions or comments; I will entertain a motion. RESOLUTION APPROVING LAKE GEORGE CAMPSITES, LLC'S APPLICATION FOR FOURTH VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136— SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 332,2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Daniel Stec WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue variances from §136-44 "Connection to sewers required" which requires Town property owners situated within a sewer district and located within 250' of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one(1)year from the date of notice, and WHEREAS, Lake George Campsites, LLC (Applicant) applied to the Town Board for a variance/waiver from §136-44 and an 18 month extension in which to connect its property located at 1053 State Route 9 to the Town of Queensbury's Route 9 Sewer District, as the Applicant states that it is still working towards completion of sewer connection plans and the property's on-site septic system is in full compliance with all Town and State regulations, and WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on Monday, November 19�', 2012, NOW, THEREFORE,BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 642 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Lake George Campsites, LLC's application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection to sewers required' and hereby grants Lake George Campsites, LLC an 18 month extension of time or until May 19tt', 2014 in which to connect its property located at 1053 State Route 9, Queensbury (Tax Map No.: 295.12-1-6) to the Town of Queensbury's Route 9 Sewer District, provided that if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that Lake George Campsites, LLC shall pay all charges due as if its property was connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2012 by the following vote: AYES : Mr. Metivier, Mr. Strough,Mr. Stec NOES : Mr. Montesi, Mr. Brewer ABSENT: None 2.0 RESOLUTIONS RESOLUTION AUTHORIZING AMENDMENT TO QUEENSBURY ACTIVITIES CENTER USE POLICY AND RULES RESOLUTION NO.: 333,2012 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 643 WHEREAS, by Resolution No.: 369.99, the Queensbury Town Board adopted the Town's Queensbury Activities Center Use Policy and Rules (Policy), and WHEREAS, by Resolution No.'s: 123,2000 and 186,2000, the Town Board amended the Policy, and WHEREAS, in light of the fact that it has been over 10 years since such Policy has been reviewed and updated, the Town Supervisor's Executive Assistant and Facilities Manager have reviewed the current Policy and recommended certain amendments, and WHEREAS, a copy of the proposed, amended Policy has been presented at this meeting and the Town Board wishes to adopt such Policy, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby adopts the amended Town of Queensbury Activities Center Use Policy and Rules and Building Use Fee Schedule as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to distribute copies of the amended Policy and Rules to the Activities Center Coordinator and all Town Departments. Duly adopted this 19th day of November, 2012 by the following vote: AYES : Mr., Montesi, Mr. Strough,Mr. Brewer, Mr. Stec, Mr.Metivier NOES : None ABSENT : None RESOLUTION SETTING PUBLIC HEARING ON D.J. MABB'S APPLICATION FOR PLACING A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT RESOLUTION NO.: 334,2012 REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 644 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, D.J. Mabb has filed a "Town Board Application for Placing a Mobile Home Outside of a Mobile Home Court" to seek Town Board approval to upgrade his 1978 mobile home with a 1989 mobile home on property owned by Steven Sumner and located at 28 Pasco Avenue in the Town of Queensbury(tax map no.: 301.19-1-19), and WHEREAS, the Town Board wishes to conduct a public hearing regarding this Application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, December 3rd, 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider D.J. Mabb's Application for Placing a Mobile Home Outside of a Mobile Home Court concerning property owned by Steven Sumner and situated at 28 Pasco Avenue in the Town of Queensbury(tax map no.: 301.19-1-19) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing as required by law. Duly adopted this 19th day of November, 2012,by the following vote: AYES : Mr. Strough, Mr. Brewer,Mr. Stec,Mr. Metivier,Mr.Montesi NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2012 AMENDING TOWN CODE PROVISIONS RELATING TO ESTABLISHMENT OF WATER USE RATES AND WATER CONNECTION FEES AND ADOPTING WATER RATES AND CONNECTION FEE SCHEDULE RESOLUTION NO.335,2012 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 645 WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2012 entitled, " A Local Law Amending Town Code Provisions Relating To Water Use Rates and Water Connection Fees" which Law is intended to amend §§ 173-17 and 173-27 of the Town Code, which set forth the requirements for the establishment of water connection fees and water use rates, and WHEREAS, adoption of this legislation is authorized by New York State Municipal Home Rule Law §10, and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law, and WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to revise and establish the schedule setting water rates and connection charges, and WHEREAS, in accordance with the proposed revised Town Code §173-27 being considered, fees may be amended from time to time by Town Board Resolution, and WHEREAS, in accordance with New York Town Law §198, the Town Board shall establish, from time to time, the water rates to be paid by consumers, and WHEREAS, if the proposed revised Town Code §173-27 is adopted, the Town Board is considering establishing the schedule setting water rates and connection fees, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, December 3' 2012 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: of 2012, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. of 2012 in the manner provided by law and to make a copy of the proposed Local Law available for public inspection in the Town Clerk's office following the adoption of this Resolution and until the Public Hearing is closed. Duly adopted this 19th day of November, 2012, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr.Metivier,Mr. Montesi,Mr. Strough NOES : None REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 646 ABSENT: None RESOLUTION ESTABLISHING PART-TIME DOG ENUMERATOR AND APPOINTING ANIMAL CONTROL OFFICER JAMES FITZGERALD TO SUCH POSITION RESOLUTION NO.: 336,2012 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREBY, by Resolution No.: 237,2009, the Queensbury Town Board appointed James Fitzgerald as Town Animal Control Officer, and WHEREAS, the Queensbury Town Clerk has requested Town Board authorization for the establishment of an additional part-time position of Dog Enumerator, and WHEREAS, the Town Board wishes to establish such position of Dog Enumerator and appoint Mr. Fitzgerald to such position, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby establishes the part-time position of Dog Enumerator as set forth in the New Position Duties Statement adopted by the Warren County Department of Civil Service, and BE IT FURTHER, RESOLVED, that the Town Board hereby appoints James T. Fitzgerald, Town Animal Control Officer, as Dog Enumerator effective January 1, 2013, and BE IT FURTHER, RESOLVED, that the Town Board hereby sets the stipend for such position at $3,000 annually, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Clerk, Animal Control Officer and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2012, by the following vote: REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 647 AYES : Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer NOES : None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF ENVIRONMENTAL CAPITAL LLC TO PROVIDE FINANCIAL ADVISORY SERVICES RESOLUTION NO.: 337, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to engage the services of Environmental Capital LLC to provide financial advisory services in conjunction with any bond issue as well as continuing disclosure submission and general financial advisory services as requested and directed by the Town, and WHEREAS, by Financial Advisory Engagement Letter dated October 26, 2012, Environmental Capital LLC has offered to render these services for the amount o£ • Financial advisory services in conjunction with any bond issues- $8,500 • Continuing Disclosure Submission-$1,500 per annum • General Financial Advisory Services—Rates as Set Forth in 10/26/12 Letter • Customary Reimbursable (Out-of-Pocket)Expenses, and WHEREAS, the Town Budget Officer recommends the engagement of Environmental Capital LLC to provide these services, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Environmental Capital LLC to provide the financial advisory services delineated in the preambles of this Resolution and as set forth in their October 26, 2012 Financial Advisory Engagement Letter, and REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 648 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and/or take any actions necessary to provide for payment of such services from the appropriate Town account(s), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Financial Advisory Engagement Letter and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2012 by the following vote: AYES : Mr. Metivier, Mr. Montesi,Mr. Strough, Mr. Brewer,Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING ESTABLISHMENT OF EQUIPMENT/ VEHICLE REPLACEMENT CAPITAL PROJECT FUND #195 RESOLUTION NO.: 338, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to establish a Capital Project for funding of equipment/vehicle replacement for General Fund Departments, and WHEREAS, such proposed Project is anticipated to cost approximately $175,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the Equipment/Vehicle Replacement Capital Project and the Capital Project Fund to be known as the Equipment/Vehicle Replacement Capital Project Fund 9195 which will establish funding for expenses associated with this Project, and REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 649 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer of$90,000 from Appropriations Account No.: 001-9010- 8010 NYS Retirement and $85,000 from Account No.: 001-9060-8060 Health Insurance to Appropriations Account No.: 001-9950-9030 Transfer to Capital Project, and authorizing transfer to Capital Project 9195, and establishing appropriations in the amount of $175,000 in Vehicles Account No.: 195-1640-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 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 and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 19th day of November, 2012, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : None RESOLUTION AUTHORIZING USE OF OCCUPANCY FUNDS TO REIMBURSE LAKE GEORGE REGIONAL CHAMBER OF COMMERCE & CVB TOWARD REIMBURSEMENT OF THE GREAT ESCAPE LARONDE IN MONTREAL PROMOTION RESOLUTION NO.: 339,2012 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 2012 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 REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 650 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$2,874 to reimburse the Lake George Regional Chamber of Commerce & CVB for its promotion expenses relating to The Great Escape LaRonde in Montreal(Promotion), and WHEREAS, such Promotion targeted Canadian residents whereby viewers of the LaRonde website could enter to win a complimentary stay at the Great Escape Lodge in Queensbury, passes to the Great Escape Theme Park and a complimentary dinner at a Queensbury restaurant, and WHEREAS, such Promotion attracted 4,000 clicks on the "Enter to Win" bar on the LaRonde website leading to more Canadians visiting the Town of Queensbury and entire region, thereby serving as an economic development tool for tourism in Queensbury and the surrounding area, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the expenditure of funds in the amount of$2,874 to reimburse the Lake George Regional Chamber of Commerce & CVB for its promotion expenses relating to The Great Escape LaRonde in Montreal (Promotion) 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, contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the 2012 Town Budget and/or take any actions needed to provide for such payment, and BE IT FURTHER, REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 6S1 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. Duly adopted this 19th day of November, 2012, by the following vote: AYES Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier, Mr. Montesi NOES None ABSENT: None RESOLUTION AUTHORIZING TRANSPORTATION AGREEMENT BETWEEN CITY OF GLENS FALLS- GREATER GLENS FALLS TRANSIT SYSTEM AND TOWN OF QUEENSBURY FOR 2013/2014 RESOLUTION NO.: 340,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the City of Glens Falls operates a public mass transportation system known as the Greater Glens Falls Transit System (Transit System) which provides transit bus service within portions of Saratoga,Warren and Washington Counties, and WHEREAS, the Town of Queensbury's current Transportation Agreement with the Transit System will expire December 31St, 2012 and the Transit System has submitted a new Transportation Agreement for January 1, 2013 through December 31, 2014 to the Town for approval, and WHEREAS, such Agreement provides for the continuance of an Advisory Transportation Committee consisting of two members from the Transit System and two members from each participating community, and historically the Town of Queensbury's two representatives have been the Town Supervisor and Senior Planner, and WHEREAS, the Town Board believes that this public transportation service benefits and serves the public interest of Town residents, and WHEREAS, a copy of the Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby approves the Transportation Agreement between the City of Glens Falls' Greater Glens Falls Transit System and Town of Queensbury presented at this meeting for an amount of$53,562 annually for 2013 and the amount REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 6S2 for 2014 will be set by the Advisory Committee in 2013 (on which the Town has two representatives),to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the appointment of the Town Supervisor and Senior Planner as the Town of Queensbury's representatives on the Greater Glens Falls Transit System Advisory Transportation Committee, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor, Senior Planner and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19`h day of November, 2012, by the following vote: AYES : Mr. Brewer, Mr. Stec,Mr.Metivier,Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING INCREASE IN BUY-IN RATE FOR TOWN OF QUEENSBURY PROPERTIES LOCATED OUTSIDE OF CURRENT TOWN OF QUEENSBURY SANITARY SEWER DISTRICTS RESOLUTION NO.341,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, properties located outside of the Town of Queensbury's current Sanitary Sewer Districts wishing to connect to the Town's Sanitary Sewer Mains, i.e., contract users, Sewer District Extensions and/or new Districts, must pay the Town a one-time buy-in fee at the rate of$1 per gallon for sewer capacity based on gallons per day average of the property(ies), and WHEREAS, the Town of Queensbury uses such buy-in monies to purchase additional capacity to the Glens Falls Wastewater Treatment Plant, and WHEREAS, such Town buy-in rates have not increased since their inception, and WHEREAS, the Town's Wastewater Director has recommended that the Town Board authorize an increase of such buy-in rate in order to cover the Town's costs with the City of Glens Falls, and REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 653 WHEREAS, after due deliberation, the Town Board wishes to increase its buy-in rate to $1.15 per gallon, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the increase in buy-in rates for properties located outside of the Town of Queensbury's current Sanitary Sewer Districts wishing to connect to the Town's Sanitary Sewer Mains, from $1.00 per gallon to $1.15 per gallon based on the properties' gallons per day average, such new rates to go into effect as of November 19th, 2012, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Wastewater Director to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2012, by the following vote: AYES : Mr. Stec,Mr. Metivier,Mr.Montesi,Mr. Strough,Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING 2013 RENEWAL CONTRACTS FOR EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH EMPIRE BLUE CROSS BLUE SHIELD AND DELTA DENTAL RESOLUTION NO.342,2012 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 WHEREAS, the Town Board, in conjunction with Capital Financial Group, has negotiated renewal contracts for the year 2013 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 2013 with Empire Blue Cross Blue Shield and Delta Dental with the 2013 monthly premiums to be as follows: REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 654 INDIVIDUA TWO FAMILY L PERSON PPO 733.84 2140.13 2143.71 EPO 676.52 1972.68 1976.26 DENTAL 32.84 79.20 MEDICARE 356.81 ADVANTAGE and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute future renewal contracts, including the July 1St, 2013 renewal, 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 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. Duly adopted this 19th day of November, 2012,by the following vote: AYES : Mr. Metivier, Mr. Montesi,Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AWARDING BID FOR SENIOR CITIZENS TRANSPORTATION TO WARREN-HAMILTON COUNTIES ACED, INC. - COMMUNITY ACTION AGENCY REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 655 RESOLUTION NO.: 343,2012 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury duly advertised for bids for the Transportation Services for the Queensbury Senior Citizens for the year 2013, and WHEREAS, the Warren-Hamilton Counties ACEO, Inc. - Community Action Agency has offered to provide such Transportation Services for the amount of$24,000, and WHEREAS, the Town's Purchasing Agent and Town Clerk have recommended that the Town Board award the bid to the Warren-Hamilton Counties ACED, Inc. - Community Action Agency, the only and therefore lowest,responsible bidder, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby awards the contract for the Transportation Services for the Queensbury Senior Citizens for the year 2013 to the Warren- Hamilton Counties ACEO, Inc. - Community Action Agency for the amount of$24,000 to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Town Budget Officer, Accountant and/or Purchasing Agent to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2012,by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer,Mr. Stec, Mr.Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES TO COMPLETE: 1) THE SOUTH QUEENSBURY BOA PRE- NOMINATION STUDY; AND 2) THE CIBA GEIGY MASTER REDEVELOPMENT PLAN RESOLUTION NO.: 344,2012 REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 656 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, by Resolution No.: 268,2009, the Queensbury Town Board authorized The Chazen Companies to submit a Local Waterfront Revitalization Program (LWRP) grant application to fund an evaluation of development and re-use opportunities for the Ciba Geigy site on Warren Street in the Town of Queensbury, and WHEREAS, by Resolution No.: 117,2011, the Town Board authorized: 1) acceptance of $55,000 in grant funds from the New York State Department of State; 2) the Town matching the $55,000 bringing the total available budget of$110,000; and 3) establishment of Capital Project Fund "LWRP Grant Fund 9183," which Fund established funding for expenses associated with the grant funds and WHEREAS, by Resolution No.: 287,2005, the Town Board authorized the Warren County Economic Development Corporation (WCEDC) to submit a Brownfield Opportunity Areas (BOA) Program Grant Application and by Resolution No.: 74,2010, the Town Board accepted $42,500 in grant funds from the New York State Department of State and establishment of the "BOA Program Grant Fund 9176," which established funding for expenses associated with the grant funds, and WHEREAS, by Resolution No.: 94,2012,the Town Board authorized a commitment to 10% match for the South Queensbury Brownfield Opportunity Area Project, and WHEREAS, the Town's Community Development Department issued a Request for Proposals (RFP) for consulting services on these projects on July 20 ', 2012, and WHEREAS, six(6)responses to the RFP were received by the Town and reviewed by a five (5)member committee, and WHEREAS, the review committee has recommended that the contract be awarded to the project consulting team led by The Chazen Companies, and REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 657 WHEREAS, the proposed contract has been reviewed by the NYS Department of State and the Town's Community Development staff, and WHEREAS, the Town Board wishes to engage the services of The Chazen Companies to assist in the completion of the South Queensbury BOA Pre-Nomination Study and the Ciba Geigy Master Redevelopment Plan for the Town, as delineated in Chazen Engineering's proposal dated October 19th, 2012 and presented at this meeting, for amounts not to exceed: • South Queensbury BOA Pre-Nomination Study —$38,800 • Ciba Geigy Master Redevelopment Plan for the Town - $94,000 NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of The Chazen Companies to assist in the completion of the South Queensbury BOA Pre- Nomination Study and the Ciba Geigy Master Redevelopment Plan for the Town, as delineated in Chazen Engineering's proposal dated October 19th, 2012 and presented at this meeting, for amounts not to exceed: • South Queensbury BOA Pre-Nomination Study—$38,800 • Ciba Geigy Master Redevelopment Plan for the Town - $94,000 and BE IT FURTHER, RESOLVED, that such services shall be paid for from Capital Project Funds: LWRP Grant Fund #183 ($94,000) and BOA Program Grant Fund#176 ($38,800), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation and the Town Supervisor, Senior Planner and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2012, by the following vote: AYES Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi NOES : None ABSENT: None REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 658 RESOLUTION TO AMEND 2012 BUDGET RESOLUTION NO.: 345,2012 INTRODUCED BY: Mr. Tim Brewer 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 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2012 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1620-1010 Wages 001-1620-4500-0029 Heating Fuel 2,000 Repair and 001-1620-1010 Wages 001-1620-4070 Maint 4,000 Misc. 001-7110-2070 Equipment 001-7110-4400 Contractual 1,750 Misc. 001-7110-2080 Pool Equipment 001-7110-4400 Contractual 525 Health Insurance 001-9060-8060 Premium 001-9730-6030 BAN Principal 47,000 Misc 002-9010-8010 NYS Retirement 001-8810-4400 Contractual 4,000 002-9060-8060 Health Insurance 002-8810-4410 Fuel 4,000 Paving 004-5130-4410 Fuel 004-5110-4620 Materials 6,000 040-8320-4300 Electricity 040-1680-2032 Comp Software 2,200 Increase Revenue 002-0000-52680 Insurance Recovery 703.18 Increase Appropriation REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 659 Misc. 002-8810-4400 Contractual 703.18 Duly adopted this 19th day of November, 2012, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT : None RESOLUTION SETTING PUBLIC HEARING ON BAY RIDGE VOLUNTEER FIRE COMPANY, INC.'S PROPOSAL TO PURCHASE A TRUCK AND TO USE TAX-EXEMPT FINANCING FOR SUCH PURCHASE RESOLUTION NO.: 346, 2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 WHEREAS, the Fire Company has advised the Town Board that it wishes to purchase a new 2013 Rosenbauer Rescue Apparatus (Truck) to replace one of its current apparatus, as previously recommended by the 2009 Fire Study Report issued for the Town by MMA Consulting Group, Inc., for the approximate purchase price not to exceed $156,000, 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, the Fire Company hopes to take advantage of a pre-pay discount which would lower the amount due and amount borrowed, and REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 660 WHEREAS, proceeds from the sales of the Fire Company's replaced apparatus 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 replaced apparatus from service and sell it, and will sell it after all potential warranty/service issues are resolved with the new Truck, and WHEREAS, the Fire Company plans on paying for the proposed,new Truck as follows: 1. $26,000 down payment from the Fire Company fundraising proceeds; 2. Approximately $130,000 maximum amount of tax-exempt financing (having a 10 year term)with a financial institution; and WHEREAS, the Town Board wishes to set a public hearing concerning the Fire Company's proposed purchase, as Town Board approval of such proposed purchase is required by the Fire Company's Agreement with the Town, and such proposed tax-exempt financing 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 at 1080 Bay Road in the Town of Queensbury,New York, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning Bay Ridge Volunteer Fire Co., Inc.'s proposed Truck purchase delineated in the preambles of this Resolution and the partial financing of such proposed purchase using tax-exempt financing on Monday,December 17th,2012 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. REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 661 Duly adopted this 19th day of November, 2012, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING WEST GLENS FALLS EMERGENCY SQUAD, INC. TO REFINANCE SQUAD BUILDING RESOLUTION NO.: 347, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for emergency services, which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment,vehicles,real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a"vehicles fund"without prior approval of the Queensbury Town Board, and WHEREAS, by Resolution No.: 77,2006, the Town Board approved the Squad's proposal to increase the Squad's new Building's total project cost from $1.7 million to $1.75 million and increase the amount financed from$1.55 million to $1.6 million, and WHEREAS, the Squad has advised the Town Board that it has an opportunity to refinance its mortgage at a lower interest rate, and WHEREAS, the Squad's current mortgage has a balance of$1,386,327.10 at 6.75% with a term of 183 months remaining with an approximate monthly payment of$12,255.16 and upon the end of such term, the mortgage rate will reset every five years beginning on December 1 Ith 2012 to the prevailing Adirondack Trust Company Base Lending Rate (currently 4.25%), and WHEREAS, the proposed new mortgage financing is for a term of 60 months at an interest rate of 4% fixed for five (5) years and on each subsequent fifth year anniversary, the rate to be reset to the prevailing Adirondack Trust Company Base Lending Rate (currently 4.25%), thereby reducing the monthly payment to $10,170.54, assuming 183 month amortization remains unchanged, such refinancing to occur with no closing costs, and REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 662 WHEREAS, the Town Board has determined that it is necessary, financially beneficial and in the public interest to authorize such refinancing, NOW, THEREFORE,BE IT RESOLVED, in accordance with §8(A) of the Town of Queensbury's Agreement with the West Glens Falls Emergency Squad, Inc. (Squad) for emergency services, that the Queensbury Town Board hereby authorizes the Squad's mortgage refinancing as generally set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Squad 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. Duly adopted this 19th day of November, 2012 by the following vote: AYES : Mr. Metivier, Mr. Montesi,Mr. Strough, Mr. Brewer,Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING JEFF AURELIA SCHOLARSHIP FUND 5K ROAD RACE RESOLUTION NO.348,2012 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 663 WHEREAS, the Jeff Aurelia Scholarship Fund has requested authorization from the Queensbury Town Board to conduct a 5k road race to benefit the Jeff Aurelia Scholarship Fund as follows: SPONSOR : Jeff Aurelia Scholarship Fund EVENT 5k Road Race DATE Tuesday, January 1St, 2013 TIME 10:00 a.m. — 11:30 a.m. (approximately) PLACE Beginning and ending at Glens Falls High School(Letter delineating course is attached) NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby approves the Jeff Aurelia Scholarship Fund to conduct a 5k Road Race partially within the Town of Queensbury to benefit the Jeff Aurelia Scholarship Fund on Tuesday, January 1St, 2013 subject to the Town's receipt of proof of insurance from the Jeff Aurelia Scholarship Fund, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to the Town Highway Superintendent's approval of the race, which approval may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 19th day of November, 2012, by the following vote: AYES : Mr. Montesi, Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING TOWN SUPERVISOR, COUNCILMAN JOHN STROUGH AND DIRECTOR OF PARKS AND RECREATION TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT RUSH POND WAY TRAIL DEVELOPMENT PROJECT RESOLUTION NO.: 349, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 664 SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury is creating the Rush Pond Way Trail (Project) to provide recreational opportunities to Town residents and the general public, and WHEREAS, Councilman John Strough, along with the Director of Parks and Recreation, have been very involved in this Project which is now moving forward, and WHEREAS, Councilman Strough has contacted local Boy Scout groups to help with parts of the Project and envisions other opportunities for community involvement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor, Councilman John Strough and/or the Director of Parks and Recreation to take all actions necessary to implement the Rush Pond Way Trail Project as detailed in the plans prepared by the Laberge Group, approve reasonable modifications to such plans and work with and direct volunteers who wish to help with this Project in accordance with Town policies and insurance requirements. Duly adopted this 19th day of November, 2012, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF VIRGINIA BATES AS FULL-TIME LABORER FOR BUILDING AND GROUNDS DEPARTMENT ON PERMANENT BASIS RESOLUTION NO.: 350,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Tim Brewer REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 665 WHEREAS, by Resolution No.: 410, 2008, the Queensbury Town Board appointed Virginia Bates to the position of full-time Cleaner on a permanent basis, and WHEREAS, by Resolution No.: 100, 2012, the Town Board authorized the temporary transfer of Virginia Bates from full-time Cleaner to full-time Laborer in the Town's Building and Grounds Department until such time that a current employee working in a Laborer position, who is out due to an unexpected illness,returns to work, and WHEREAS, the Facilities Manager has advised the Town Board that the employee who has been out due to illness will not be returning to work and therefore the Facilities Manager has requested Town Board authorization to hire Virginia Bates in the full-time Laborer position on a permanent basis, and WHEREAS, consistent with the Collective Bargaining Agreement, the Facilities Manager properly posted the position and Ms. Bates is the senior individual within the Department and is deemed qualified, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Facilities Manager to hire Virginia Bates as a full-time Laborer working for the Department of Building and Grounds on a permanent basis, to be paid at the hourly rate of pay listed for the Laborer position in the current CSEA Union Agreement, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Facilities Manager and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2012 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr.Metivier,Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF FRANCES COLVIN AS FULL-TIME, SECOND-SHIFT CLEANER FOR BUILDING & GROUNDS DEPARTMENT RESOLUTION NO. 351, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 183, 2012, the Town Board authorized the hiring of Frances Colvin to work as a temporary, part-time Cleaner in the Town's Building and Grounds REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 666 Department until such time that a current employee working in a Laborer position,who is out due to an unexpected illness,returns to work, and WHEREAS, the Facilities Manager has advised the Town Board that the employee who has been out due to illness will not be returning to work and therefore the Facilities Manager has requested Town Board authorization to permanently hire the former full-time Cleaner to the vacant, full-time Laborer position, and hire Frances Colvin in the now vacant, full-time Cleaner position, WHEREAS, consistent with the Collective Bargaining Agreement, the Facilities Manager properly posted the position and Ms. Colvin is the senior individual within the Department and is deemed qualified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Facilities Manager to hire Frances Colvin as a full-time, second-shift Cleaner subject to an eight (8) month probationary period, and BE IT FURTHER, RESOLVED, that Ms. Colvin shall be paid at the hourly rate of pay listed for the Cleaner in the current CSEA Union Agreement, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Facilities Manager and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2012 by the following vote: AYES : Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF PETER HESLIN AND KEITH HENDRY AS TEMPORARY, MOTOR EQUIPMENT OPERATORS IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO: 352, 2012 INTRODUCED BY Mr.John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury's Deputy Highway Superintendent has requested Town Board authorization to hire two (2) temporary Motor Equipment Operators (MEOs) to work REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 667 for the Town's Highway Department from on or about December 3rd, 2012 to on or about March 29 ', 2013, and WHEREAS, funds for such positions have been budgeted for in the 2012/2013 Town Budgets, and WHEREAS, the Deputy Highway Superintendent has advised the Town Board that such temporary,MEOs are Peter Heslin and Keith Hendry, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Peter Heslin and Keith Hendry to work as temporary Motor Equipment Operators (MEOs) for the Town Highway Department commencing on or about December 3rd, 2012 and concluding on or about March 29th, 2013, subject to the Town successfully completing pre-employment physicals and background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that such temporary, seasonal Laborers shall be paid $15.00 per hour to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Deputy Highway Superintendent, Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2012, by the following vote: AYES Mr.Metivier, Mr. Montesi, Mr. Strough,Mr. Brewer,Mr. Stec NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS- WARRANT OF NOVEMBER 20TH, 2012 RESOLUTION NO.: 353,2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of November 15t1i,2012 and a payment date of November 20t1i, 2012, REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 668 NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of November 15th, 2012 and a payment date of November 20 ', 2012 totaling$327,652.75, 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. Duly adopted this 19th day of November, 2012, by the following vote: AYES : Mr. Montesi, Mr. Strough,Mr. Brewer,Mr. Stec, Mr.Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION AGAINST RICHARD C. SEARS, RICHARD C. SEARS, INC. AND RICHARD SEARS LANDSCAPING CORP. RESOLUTION NO.: 354,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, Richard C. Sears, Richard C. Sears, Inc. and/or Richard Sears Landscaping Corp. own, occupy and/or controls property at 1 Harold Harris Road in the Town of Queensbury, Tax Map Parcel No.: 302.9-1-37, the Premises, and WHEREAS, the Town's Zoning Administrator, Craig Brown, (Brown) reports to the Town Board that he has received numerous complaints from the neighbors, including the Dixon Heights Home Owners Association III, regarding unreasonable noise and commercial activities at the Premises that have increased in number and amount of occurrences and that the Complaints indicate the activities often take place on weekends and disturb the repose of the residential neighborhood, and WHEREAS, Brown reports that the Premises have been expanded to include grinding and chipping activities that have not been approved by the Town, and REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 669 WHEREAS, Brown attempted to address this both with Richard Sears and with his attorney but the activity has not been abated but has increased, and WHEREAS Brown reports that the Premises are being used in violation of Town Code §179-13-101 in that there has been an unlawful enlargement and expansion of a pre-existing non- conforming use, and WHEREAS,the Queensbury Town Court lacks injunctive power to require compliance with the Town Code, and WHEREAS, the Town Board wishes to pursue preliminary and injunctive relief, that Richard C. Sears, Richard C. Sears, Inc. and/or Richard Sears Landscaping Corp., bring the property into compliance with the Town Code, and WHEREAS, the Queensbury Town Board wishes to also pursue fines and penalties against Richard C. Sears, Richard C. Sears, Inc. and/or Richard Sears Landscaping Corp., for the willful violation of the Town Code, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the commencement of a Warren County Supreme Court action to pursue preliminary and permanent injunctive relief against Richard C. Sears, Richard C. Sears, Inc. and/or Richard Sears Landscaping Corp. concerning the property located at 1 Harold Harris Road in the Town of Queensbury, Tax Map Parcel No.: 302.9-1-37, as referenced in the preambles of this Resolution, enjoin the unlawful use of the premises and bring the premises into compliance with the Town Code and pursue fines and penalties for the willful violation of the Town Code, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town's Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes Town Counsel to cause a title search to be made to assure that all necessary parties are named in the litigation, and BE IT FURTHER, REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 670 RESOLVED, that the Town Board authorizes and directs Town Counsel to file any necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel, Director of Building and Codes Enforcement, Code Compliance Officer and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 19th day of November, 2012,by the following vote: AYES : Mr. Strough,Mr. Stec,Mr. Metivier, Mr. Montesi NOES : None ABSENT : None ABSTAIN:Mr. Brewer RESOLUTION AUTHORIZING PURCHASE OF CAB AND CHASSIS FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 355,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Highway Superintendent has requested Town Board approval to purchase a 2013 International Model 7600 6x4 Cab and Chassis for use by the Town Highway Department, and WHEREAS, there are sufficient funds in the Town 2012 Budget for such proposed purchase, and WHEREAS, recently the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback" off an existing County Bid and therefore, the Town of Queensbury is "piggybacking"with Oneida County Bid#1571 in this instance, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, NOW, THEREFORE, BE IT RESOLVED, the Queensbury Town Board hereby approves of the Town Highway Superintendent's purchase of a 2013 International Model 7600 6x4 Cab and Chassis in the amount of$109,675 from Navastar, Inc., to be paid for from Vehicles Account No.: 004-5130-2020, and REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 671 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2012 Town Budget by transferring $109,675 from Health Insurance Account No.: 004-9060-8060 to Vehicles Account No.: 004-5130-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent, Deputy Highway Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2012, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier,Mr. Montesi,Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF 2013 FORD F350 CARGO VAN FOR USE BY ANIMAL CONTROL OFFICER RESOLUTION NO.: 356,2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Animal Control Officer(ACO)has requested Town Board approval to purchase a 2013 Ford F350 Cargo Van to replace the current ACO vehicle, and WHEREAS, there are sufficient funds in the Town 2012 Budget for such proposed purchase, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: 22539/PC65855, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 672 RESOLVED, that the Queensbury Town Board hereby approves of the Town Animal Control Officer's purchase of a 2013 Ford F350 Van in the amount of$25,226.17 from Van Bortel Ford, Inc., in accordance with New York State Contract # 22539/PC65855, to be funded from Equipment/Vehicle Replacement Capital Project Fund#195, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Animal Control Officer and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of November, 2012,by the following vote: AYES : Mr. Stec,Mr. Metivier,Mr.Montesi,Mr. Strough,Mr. Brewer NOES : None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR DJ MABB AND STEVE SUMNER-Spoke to the board regarding the placement of a mobile home on 28 Pasco Avenue asked the board to vote on this tonight. SUPERVISOR STEC-Explained that they have to set a public hearing for two weeks from tonight we have to have a public hearing it is set for December 3rd, the law requires it. JOHN SALVADOR, 37 ALEXY LANE NORTH QUEENSBURY-Spoke to the board regarding his concerns for the Dunham's Bay Resort application for the operation of an outdoor banquet patio and that the form of approval was that of a site plan review asked if Supervisor Stec spoke with Zoning Administrator, Craig Brown regarding this matter. SUPERVISOR STEC-Spoke with Zoning Administrator, Craig Brown he assured me that the path that this has taken was the correct one of the Town. MR. SALVADOR-Read Town Law Section 274A, Entitled Site Plan Review noting his concerns. 4.0 CORRESPONDENCE DEPUTY TOWN CLERK, O'BRIEN-Supervisor's Report for Community Development and Building and Codes for October 2012 on file in Town Clerk's Office. Memorandum To: Town Board and Town Clerk, Darleen Dougher From: Supervisor Daniel G. Stec Re: Appointment of Deputy Supervisor. I, Daniel G. Stec, do hereby appoint Ronald Montesi to the office of Deputy Supervisor to serve until such time as another person shall be duly appointed to such position. Respectfully, Daniel G. Stec, Town Supervisor Town of Queensbury. 4.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER • Spoke to the board regarding a cartoon clipping titled Mother Goose and Grim that was in his mailbox finding humor in Black Friday. If you do choose to shop on Thursday REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 673 please thank the clerks for being there for you. Happy Thanksgiving and congratulations Dan on victory. COUNCILMAN MONTESI • Spoke regarding the Building Inspectors Report for the year so far we are seventy eight permits and a million six on residential. Fifty eight permits and six million five hundred thousand on commercial. For commercial and industrial seven different permits twenty million. We are on kind of a small growth mode in our community that is a wonderful thing to have I will give a copy to our reporter. • Happy Thanksgiving to all. COUNCILMAN STROUGH • Spoke regarding the monthly report from the Fire Marshall, Mike Palmer. He is inspecting the new places in Town like the Recovery Sports Grill, Taco Bell, Queensbury Diner, the new housing at the SUNY Adirondack site. Fire Marshal, Mike Palmer has a warning going out to everyone that your carbon monoxide detectors are only good for five years and ten years for the smoke detectors and that you should have a replacement schedule for this. Also he talks about the commercial restaurants very critical is the proper cleaning of the kitchen exhaust system which they will be training for. • Spoke regarding a note from Marylee Gosline who is basically in charge of the landscaping on the corner of Bay and Quaker and at Hovey's Pond I want to thank her and all her helpers for that. Warren County has a Master Gardeners Training Program that will be available in 2013. The program is opened to anyone who has an interest in expanding their gardening experience and knowledge. Learn how you can improve your own gardens and landscapes. Learn scientifically based garden information in a relaxed supportive atmosphere. It is a great way to learn even more by sharing information with fellow master gardeners during the training. Following the training you can volunteer to participate in some of these communities based horticultural programs such as the one at the corner of Bay and Quaker and at Hovey's Pond. If this kind of training is of interest to you call 623-3291 that will take you to Cornell Cooperative Extension who is offering this program. COUNCILMAN BREWER • Asked Supervisor Stec if requests for speed limits get forward to the Highway Superintendent. Supervisor Stec is it a County or Town Road. Councilman Brewer, Town road. Supervisor Stec Mike Travis, Highway Superintendent would make a recommendation to us on what he thinks then we would pass a resolution that would go to the State DOT asking them to look at it. Councilman Brewer to contact the Highway Superintendent regarding this. SUPERVISOR STEC • Thanked the Town family for their support while he has been busy juggling the Town business, County business, the Town budget, County budget, an election and family. I want to thank the voters first and foremost Queensbury for the opportunity to serve these last thirteen years four years as a Councilman and nine years as your Supervisor. I want the thank the 114th Assembly District for their vote of confidence on Election day I look forward to the new challenges ahead. I do think that the experience that I gained here at the local level not only at the Town, but certainly at the County is a very valuable resource that I will be able to call on in the State Assembly in the future. I want to thank the Town Board for the work you have done this year. I think we did another good job with the budget this year that we adopted almost two weeks ago it has been a privilege working with you guys here the last several years so thank you. • Thanked sponsors and Look TV for televising the board meetings. REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 674 • www.ciueensbury.net RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 357, 2012 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 from Regular Session and enters into Executive Session to discuss personnel including discussions that could impact compensation rates for a couple of people. We will be talking about the history of specific individuals as we consider appointments for a few various personnel. Duly adopted this 10th day of November, 2012 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough,Mr. Brewer,Mr. Stec NOES: None ABSENT:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 358, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVES FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session no action taken. Duly adopted this 19th day of November, 2012 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Metivier NOES: None ABSENT:Mr. Stec (left Executive Session at 8:30 p.m.) RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 359, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVES FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 19th day of November, 2012 by the following vote: REGULAR TOWN BOARD MEETING MTG #27 11-19-2012 675 AYES: Mr. Strough, Mr. Brewer, Mr. Metivier, Mr. Montesi NOES: None ABSENT:Mr. Stec Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury