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2013-02-11- Mtg 9 REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 870 REGULAR TOWN BOARD MEETING MTG 9 FEBRUARY 11, 2013 RES # 103-119 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR RONALD MONTESI COUNCILMAN ANTHONY METIVIER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS DR. MARILYN VANDYKE, HISTORIAN PRESS POST STAR, LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER SUPERVISOR MONTESI-Opened meeting. 1.0 PRESENTATION—BICENTENNIAL PINS — TOWN HISTORIAN DR. MARILYN VAN DYKE TOWN HISTORIAN, DR. VAN DYKE-We have entered the year 2013 and we are now celebrating the Bicentennial of Warren County. If you want to know about what is happening this year you can go to warrencountyny200 and you can see all the activities. On March 12t1i, 2013 at noon for five minutes all the Church bells in the County will be rung. There is a Bicentennial Magazine which was prepared by all of the Historians in the County and is available. Presented the official pin of the Bicentennial to the Town Board and to the Town Clerk. 2.0 RESOLUTIONS RESOLUTION AMENDING RESOLUTION NO.: 93,2013 REGARDING APPOINTMENT OF PATRICIA BURNARD,PART-TIME SCHOOL TRAFFIC OFFICER RESOLUTION NO.: 103, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 93,2013 the Queensbury Town Board authorized the appointment of Patricia Burnard as a School Traffic Officer(Crossing Guard), and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives, and REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 871 WHEREAS, the Town Board wishes to amend such Resolution to disclose that Patricia Burnard is the wife of Scott Burnard, an employee in the Town's Water Department, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 93,2013 to disclose that Patricia Burnard is the wife of Scott Burnard, an employee in the Town's Water Department, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 93,2013 in all other respects. Duly adopted this 11th day of February, 2013, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING EXTENSION OF EMPLOYMENT TERM FOR NICHOLAS GEORGE- TEMPORARY,PART-TIME ACTIVITIES CENTER COORDINATOR RESOLUTION NO.: 104,2013 INTRODUCED BY Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, by Resolution No.: 250,2012, the Queensbury Town Board authorized the hiring of Nicholas George as a temporary, part-time Activities Center Coordinator at the Queensbury Activities Center on an "as needed" basis while a full-time employee was out pursuant to the Family Medical Leave Act or until January 31St,2013, and WHEREAS,the full-time employee remains out on an extended medical leave and therefore the Town Board wishes to authorize an extension of the term of employment for Mr. George through March 15th, 2013, NOW, THEREFORE,BE IT REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 872 RESOLVED, that the Queensbury Town Board hereby authorizes an extension of the term of employment for Nicholas George to work as a temporary, part-time Activities Center Coordinator at the Queensbury Activities Center on an"as needed"basis through March 15th, 2013, at the same terms as set forth in Resolution No.: 250,2012, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or temporary Activities Center Coordinator to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this I Ith day of February,2013,by the following vote: AYES : Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier NOES None ABSENT : None RESOLUTION APPOINTING KYLE NOONAN AS MEMBER OF TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 105,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, a vacancy exists on the Zoning Board, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Kyle Noonan as a member of the Zoning Board, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby appoints Kyle Noonan to serve as a member of the Queensbury Zoning Board of Appeals, such term to expire on December 31 st, 2019. Duly adopted this 11th day of February, 2013, by the following vote: AYES : Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 873 NOES : None ABSENT: None RESOLUTION APPOINTING HARRISON FREER AND JOHN HENKEL AS ALTERNATE MEMBERS OF TOWN OF QUEENSBURYZONING BOARD OF APPEALS RESOLUTION NO. 106,2013 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, vacancies for two (2) alternate member positions exist on the Zoning Board, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Harrison Freer and John Henkel as alternate members of the Zoning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Harrison Freer and John Henkel to serve as alternate members of the Queensbury Zoning Board of Appeals, such terms to expire on December 31St, 2019. Duly adopted this 11th day of Febivary, 2013, by the following vote: AYES : Mr. Brewer, Mr. Montesi, Mr. Metivier,Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF TOWN HALL ROOF REPAIRS CAPITAL PROJECT FUND#188 RESOLUTION NO.: 107, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 874 SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with Resolution No.: 309,2011, the Queensbury Town Board established the Town Hall Roof Repairs Capital Project Fund 9188 which established funding for expenses associated with the purchase of materials and repair of the Queensbury Town Hall Roof (Project), and WHEREAS, the Town's Facilities Manager has advised that the Project is complete and the Fund can be closed, and WHEREAS, the Town's accounting records show that there is approximately $164.86 remaining in Capital Project Fund#188, and WHEREAS, the Town Board wishes to close this Capital Project Fund and transfer the Fund's remaining fund balance back to Capital Reserve Account #64, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Town Hall Roof Repairs Capital Project Fund 4188 and transfer the Fund's remaining balance back to Capital Reserve Account #64, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer, Accountant and Facilities Manager to take such other and further action as may be necessary to effectuate all terms of this Resolution. Duly adopted this 11th day of February,2013, by the following vote: AYES : Mr. Montesi, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF: 1) UNDERDRAIN REHABILITATION FOR FILTERS CAPITAL PROJECT FUND 4180; AND 2)UNDERDRAIN REHABILITATION FOR FILTER#1 CAPITAL PROJECT FUND#187 RESOLUTION NO.: 108, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with Resolution No.: 334,2010, the Queensbury Town Board established the Underdrain Rehabilitation for Filters Capital Project Fund 9180 which established REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 875 funding for expenses associated with the purchase of materials and labor associated with the installation of the underdrain rehabilitation for Filters#3 and#5, including new cell dividers,porous plates and filter media and two (2) new Programmable Logic Controllers (PLC) for Filters #1 and #2 at the Town Water Department(Project#1), and WHEREAS, in accordance with Resolution No.: 295,2011, the Town Board established the Underdrain Rehabilitation for Filter #1 Capital Project Fund #187 which established funding for expenses associated with the purchase of materials and labor associated with the installation of the underdrain rehabilitation for Filter 91, including new cell dividers,porous plates and filter media at the Town Water Department(Project#2), and WHEREAS, the Town's Water Superintendent has advised that the Projects are complete and the Funds can be closed, and WHEREAS, the Town's accounting records show that there is approximately $4,759.67 remaining in Capital Project Fund#180, and approximately $44,557.41 remaining in Capital Project Fund#187, and WHEREAS, the Town Board wishes to close these Capital Project Funds and transfer the Funds' remaining fund balances back to the Water Department's Fund Balance, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Underdrain Rehabilitation for Filters Capital Project Fund #180 and Underdrain Rehabilitation for Filter 91 Capital Project Fund 9187 and transfer the Funds' remaining balances back to the Water Department's Fund Balance, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer, Accountant and Water Superintendent to take such other and further action as may be necessary to effectuate all terms of this Resolution. Duly adopted this 11th day of February, 2013, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT 27M ANNUAL SHAMROCK SHUFFLE ROAD RACE RESOLUTION NO. 109, 2013 INTRODUCED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 876 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury Town Board to conduct its 27th Annual Shamrock Shuffle Road Race as follows: SPONSOR The Adirondack Runners Club EVENT 27th Annual Shamrock Shuffle Road Race DATE Sunday, March 24th 2013 PLACE Beginning and ending at Glens Falls High School and going through the Town of Queensbury (Letter depicting course is attached); NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Runners Club and therefore authorizes the Adirondack Runners Club to conduct its 27th Annual Shamrock Shuffle Road Race partially within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 11th day of February, 2013, by the following vote: AYES : Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier NOES : None ABSENT: None RESOLUTION REQUESTING LAKE GEORGE PARK COMMISSION TO INSTITUTE PROGRAM FOR MANDATORY INSPECTION OF TRAILER BOATS PRIOR TO LAUNCH INTO LAKE GEORGE RESOLUTION NO.: 110,2013 REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 877 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, aquatic invasive species infestations pose a serious threat to the ecological health of Lake George and the economic future of the Lake George Region, and WHEREAS, millions of dollars have been spent to remove and control aquatic invasive species in Lake George and the efficacy and cost-effectiveness of aquatic invasive species spread prevention have been found to far exceed eradication and containment efforts of introduced species, and WHEREAS, aquatic invasive species spread prevention in Lake George currently relies exclusively on public education and voluntary compliance to check for visible plants and animals, and WHEREAS, Lake George faces a threat of aquatic invasive species in the microscopic form that are spread within boat engine water, bilge water, ballast water, live wells, as well as anchors and other accessories, and WHEREAS, viable mandatory boat inspection and decontamination programs have been successfully established in other parts of the country, and WHEREAS, a centralized comprehensive program is needed for Lake George, which is bordered by eight towns, one village and three counties, and WHEREAS, the Lake George Park Commission has been conveyed special authority and responsibility by New York State to regulate boating activity on Lake George and preserve the unique resources of the Lake George Park, NOW, THEREFORE,BE IT RESOLVED, to proactively prevent the introduction of new aquatic invasive species and conserve the water quality and public enjoyment of Lake George, the Queensbury Town Board hereby calls upon the Lake George Park Commission to institute a program for mandatory boat inspection and potential decontamination to ensure that all boats launched into Lake George are free of aquatic invasive species, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 878 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to send a certified copy of this Resolution to the Lake George Park Commission and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 11th day of February, 2013, by the following vote: AYES : Mr. Strough, Mr. Brewer,Mr. Montesi, Mr. Metivier NOES : None ABSENT: None RESOLUTION ADOPTING REVISED YEAR 2013 SALARY AND WAGE SCHEDULES FOR CERTAIN PART-TIME HOURLY CLERICAL AND LABOR,NON- MANAGEMENT,NON-UNION FULL-TIME AND MANAGEMENT STAFF EFFECTIVE FEBRUARY 11TH,2013 RESOLUTION NO.: 111,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to adopt a revised Year 2013 Salary and Wage Schedules for certain part-time hourly clerical and labor, non-management, non-union full- time and management staff, and WHEREAS, such Schedules shall supersede all previously adopted Salaries and Schedules for these positions, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and adopts the Year 2013 Salary and Wage Schedules for certain part-time hourly, non-management, non-union full-time and management staff, effective February 1 lth, 2013 as follows: Part-Time Hourly Wale and Annual Stipend Schedule Year 2013 Wage/Stipend Position Clerk-Assessor's Office,Part-time $15.32/per hour REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 879 Cemetery Secretary $14.15/per hour Assistant Court Clerk $13.26/per hour Court Officer—Hourly Rate $15.00/per hour Court Officer-Service Fee $25.89/per service Recycling Supervisor $24.45/per hour Laborer, Part-time Transfer Stations $13.26/per hour Historian $12,164/annually Wastewater Consultant $39.12/per hour School Traffic Officer(two hour guarantee) 14.67/per hour Clerks,Temporary and Part-Time $12.00/per hour Laborer, Seasonal $10.00/per hour Dog Enumerator $3,000/annually Wastewater Director $6,000/annually Tax Receiver $7,859/annually Deputy Supervisor $ 1,685/annually Purchasing Agent $ 5,572/annually Fair Housing Officer $ 1,114/annually Planning &Zoning Board Chairman $ 80 per meeting Secretary $ 75 Member $ 70 Board of Assessment Review Member $ 70 per session Recreation Program Attendant* $ 7.25-10.50/per hour Recreation Maintenance* 8.00 -12.00/per Recreation Program Specialist* hour Recreation Program Official/Instructor* 10.00-15.00/per hour *Seasonal Hires Individual Wages determined by Recreation 20.00-25.00/per Commission game Non-Management-Non-Union REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 880 Position Grade OT Salary OT ELIGIBLE Hourly Rate GIS Administrator 7 Ex 60,769 Senior Planner 7 Ex 58,143 Accountant 7 Ex 48,561 Code Compliance Officer 7 Ex 48,561 Legal Assistant 6 Ex 53,583 Fire Marshal 6 Ex 50,275 Deputy Town Clerk I 6 Ex 46,971 Assistant Director of Parks&Rec. 6 Ex 42,448 Land Use Planner 6 Ex 43,350 Court Clerk 5 Ex 48,225 Court Clerk 5 Ex 48,225 Confidential Secretary to Town Supervisor 5 Ex 35,700 Confidential Sec. to Highway Superintendent 5 Ex 35,700 Aquatics Supervisor 5 Ex 36,691 Recreation Program Assistant 5 Ex 34,942 Deputy Town Clerk II 5 Ex 38,250 Records Clerk 4 Ex 36,461 Parts Shop Foreman Ungraded 44,512 21.4000 Data Collector/Appraiser 6 56,564 27.1942 Bldg&Zoning Enforcement Officer 5 50,777 24.4120 Assistant to Assessor I 5 46,841 22.5197 Senior Account Clerk 5 45,082 21.6740 Billing Supervisor 5 46,293 22.2563 Deputy Receiver of Taxes 5 43,055 20.6995 Bldg&Zoning Enforcement Officer 5 42,414 20.3913 Assistant to Assessor II 5 38,893 18.6986 Deputy Fire Marshal 5 38,668 18.5904 Senior Citizen Program Coordinator 5 31,752 15.2654 Clerk of the Court 5 39,390 18.9375 REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 881 Account Clerk 4 38,970 18.7356 Deputy Tax Receiver 4 32,549 15.6486 Management Positions Position Grade Salary Water Superintendent lOM 78,676 Assessor 9M 64,733 Budget Officer 9M 62,757 Director of Parks&Recreation 9M 58,238 Engineer 9M 72,420 Code Compliance Officer/Zoning Adm 8M 59,598 Deputy Highway Superintendent 8M 56,244 Director Building& Codes 8M 65,712 Director of Information Services 8M 61,200 Director of Building and Grounds 7M 57,219 Cemetery Superintendent 7M 52,077 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to replace the current Salaries and Schedules with such new Salaries and Schedules, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 882 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 11th day of February, 2013 by the following vote: AYES : Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Strough NOES : None ABSENT : None RESOLUTION APPROVING YEAR 2012 SERVICE AWARD PROGRAM RECORDS FOR EMERGENCY MEDICAL SQUADS RESOLUTION NO.: 112,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS,the Queensbury Town Board previously authorized engagement of PENFLEX, Inc., to provide the 2012 Standard Year End Administration Services for the Town's Volunteer Fire Companies and Volunteer Ambulance Workers Service Award Programs, and WHEREAS, as part of the Service Award Program(s), it is necessary that the Town Board approve the Fire Companies' and Emergency Squads' Year 2012 Service Award Program Records, and WHEREAS,the Town Supervisor's Office has received and reviewed the records from each of the Town's three(3)Emergency Squads and found them to be complete, and WHEREAS,the Town Board wishes to approve these records, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 883 RESOLVED, that the Queensbury Town Board hereby approves the 2012 Volunteer Ambulance Worker Service Award Program Records for each of the Town's three (3) Emergency Squads, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Assistant and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 11th day of February, 2013,by the following vote: AYES Mr. Montesi,Mr. Metivier,Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING EXTENSION OF UNPAID MEDICAL LEAVE OF ABSENCE FOR RICHARD WHITMORE RESOL UTION NO.: 113, 2013 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Richard Whitmore, an employee in the Town of Queensbury Parks and Recreation, is recovering from serious work-related injuries, and WHEREAS, Mr. Whitmore requested Town Board approval to take an unpaid medical leave of absence as set forth in Warren County Civil Service Rule XIX and submitted medical documentation supporting a need for medical leave, and WHEREAS, by Resolution No.: 231,2012, the Town Board granted Mr. Whitmore an unpaid medical leave extending through the earlier of February 12th, 2013 or certification of his physical qualification for return to work documented by his physician in form satisfactory to the Town, and REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 884 WHEREAS, by letter dated January 30th, 2013, Mr. Whitmore has requested an additional 90 day extension of his unpaid medical leave and has provided the Town Board with medical documentation supporting such request, and WHEREAS, the Town's Parks and Recreation Director has recommended that the Town Board grant Mr. Whitmore such 90 day extension of his unpaid medical leave with an effective date of February 13th, 2013 extending through the earlier of 1. May 13th, 2013, with the opportunity to extend such leave at 90 day increments; or 2. Certification of his physical qualification for return to work, documented by his physician in form satisfactory to the Town; and WHEREAS, in accordance with Warren County Civil Service Rule XIX, Town Board approval is discretionary and necessary before an employee may take such leave, and WHEREAS, the Town Board has carefully considered the circumstances of Mr. Whitmore's request and the recommendation of the Parks and Recreation Director, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants an extension of the unpaid medical leave of absence to Richard Whitmore with an effective date of February 13th, 2013 extending through the earlier of 1. May 13th, 2013; or 2. Certification of his physical qualification for return to work, documented by his physician in form satisfactory to the Town; and BE IT FURTHER, REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 885 RESOLVED, that Mr. Whitmore shall provide the Town with a status report from his physician regarding his ability to return to work and must notify the Town Board in writing by April 13th, 2013 of his intention to return to work or request further unpaid medical leave and supply supporting documentation if he wishes to request additional unpaid leave beyond May 13�', 2013, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Town Budget Officer to take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution will not have any impact or create any inference as to any determination of entitlement to Disability or Workers' Compensation Benefits. Duly adopted this 11th day of February,2013,by the following vote: AYES : Mr. Metivier, Mr. Strough,Mr. Brewer,Mr.Montesi NOES : None ABSENT : None RESOLUTION AUTHORIZING PURCHASE OF PROPERTY OWNED BY JAY AND LISA KAPOOR AND/OR EVEREST ENTERPRISES FOR TOWN PURPOSES RESOLUTION NO.: 114,2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to purchase a one (±) acre parcel of land carved from an approximately 4.14 acre parcel of land referred to as tax map parcel no.: 296.17-1- 46.1, owned by Jay and Lisa Kapoor and/or Everest Enterprises located along Montray Road in the Town of Queensbury, as the Town Board has determined that such property is of historical significance as located on that parcel is the historic Blind Rock which is the legendary place of Native American rendezvous, ambushes and English-French frontier boundary colonial landmark and crossroads, or for any other lawful purpose as the Town Board may designate, and REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 886 WHEREAS,the Town Board may purchase the Property for$45,000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves and authorizes the purchase of the one (�) acre parcel of land carved from an approximately 4.14 acre parcel of land referred to as tax map parcel no.: 296.17-1-46.1, owned by Jay and Lisa Kapoor aka Everest Enterprises located along Montray Road in the Town of Queensbury for$45,000, and BE IT FURTHER, RESOLVED, that in order to facilitate the purchase of such parcel, the Town Board authorizes the Town Budget Officer to amend the Town Budget to allow use of unappropriated undesignated Fund Balance in the amount of $45,000 and further authorizes an increase of appropriation 001-1940-2799 Purchase of Land for$45,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any and all documents necessary to complete this transaction in form acceptable to Town Counsel, including, without limitation, any needed real estate contract, Real Property Transfer Report and Capital Gains Affidavit and the Town Supervisor, Town Counsel 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 1 lth day of February, 2013, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF ROBERT BOWMAN AS TEMPORARY,PART-TIME WATER METER SERVICE WORKER IN TOWN WATER DEPARTMENT REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 887 RESOLUTION NO. :115,2013 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire Robert Bowman as a temporary, part-time Water Meter Service Worker to assist the Town Water Department while two (2) Water Meter Service Workers are out of work due to illness, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Robert Bowman to work as a temporary, part-time Water Meter Service Worker in the Town's Water Department to work on an "as needed" basis up to 30 hours per week, starting on or about February 12t'and continuing through on or about August 12', 2013, and BE IT FURTHER, RESOLVED, that Mr. Bowman shall be paid at the hourly rate of pay for the Water Meter Service Worker position as specified in the Collective Bargaining Agreement for the year 2012, to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water 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 1 1th day of February, 2013, by the following vote: REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 888 AYES Mr. Strough, Mr. Brewer, Mr. Montesi,Mr. Metivier NOES None ABSENT: None RESOLUTION DECLARING ANTIQUATED,RETIRED VOTING MACHINES AS OBSOLETE RESOLUTION NO.: 116,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Clerk has advised the Town Board that the Town has approximately 26 antiquated,retired voting machines that are no longer needed or are obsolete, and WHEREAS, in accordance with New York State Town Law §64(2), the Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town Clerk has requested Town Board authorization to declare such retired voting machines as obsolete, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby declares the Town's approximately 26 antiquated, retired voting machines as obsolete, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take such further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this I Ith day of February, 2013, by the following vote: REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 889 AYES : Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS— WARRANT OF FEBRUARY 12TH,2013 RESOLUTION NO.: 117,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of February 7 ',2013 and a payment date of February 12th, 2013, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of February 7t', 2013 and a payment date of February 12th, 2013 totaling $409,031.10, 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 11th day of February, 2013, by the following vote: AYES Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Strough NOES None REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 890 ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH VISION ENGINEERING,LLC FOR PROVISION OF ENGINEERING SERVICES RESOLUTION NO.: 118, 2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 52,2012, the Queensbury Town Board authorized the Town to enter into an Agreement with Vision Engineering, LLC for provision of professional engineering services through December 31St, 2012, and WHEREAS, the Town Board wishes to enter into an Agreement with Vision Engineering, LLC for the year 2013, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an Agreement with Vision Engineering, LLC for provision of professional engineering services through December 31St 2013 as described in Vision Engineering's February 7 th, 2013 letter-form agreement presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign such agreement substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that payment for such services shall be from the appropriate Town accounts as may be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 891 RESOLVED, that the Town Board and authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 11th day of February, 2013, by the following vote: AYES : Mr. Montesi, Mr. Metivier,Mr. Strough, Mr. Brewer NOES : None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR JOHN SALVADOR,NORTH QUEENSBURY-Asked for an update regarding the abandonment of Dunhams Bay Road. COUNCILMAN METIVIER-We are working on it no official update for you, but we are going to get it done will contact the Highway Superintendent. MR. SALVADOR-Thinks that a Town Board resolution authorizing investigation, preparation is in order. SUPERVISOR MONTESI-To answer your question Mike would like to abandon the road according to Tony we are working on it. MR. SALVADOR-Spoke to the board regarding boundaries asked if progress was being made regarding the Ward boundaries. SUPERVISOR MONTESI-There are some other prorities right now. MR. SALVADOR-Other boundaries that still need to be settled is the Town boundary bordering Lake George between the Town of Bolton and the Town of Queensbury also Fort Ann and Dresden. WARREN COUNTY SUPERVISOR, BILL MASON-Presented letter to Town Board. Spoke to the board regarding the no parking zone in Cleverdale. There are no parking signs that no one pays attention to no one likes it, it was a mistake has researched this on why it was put into place. It was only to handle a problem at the end of the point where the Church is on Sundays. By the time we got through we made the entire point no parking except for Sundays when the Church was in session. Spoke to a lot of people everyone I have spoken to I have not received one negative response to this request among the residents including the Fire Chief asked the board to have all the no parking signs in Cleverdale removed. COUNCILMAN METIVIER-They do need to be removed. WARREN COUNTY SUPERVISOR, MR. MASON-Spoke to the board regarding the storm water drainage on Cleverdale Road. In conjunction with this we can solve the problem of the very dangerous situation regarding pedestrians and bicycles along the Cleverdale Road in the summertime. Spoke with Chris Navitsky, Fund for Lake George regarding the idea for this. Asked the board if he should talk to Chris, when I described this he said he would like to do some engineering on it thinks he could get grant money for it. COUNCILMAN BREWER-Asked what it is they would like to do. REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 892 WARREN COUNTY SUPERVISOR,MR. MASON-Is take the ditch on the east side of Cleverdale Road dig it deeper and put in infiltration devices that are not very expensive along it so that all of the fresh water that is coming off the upland the hill goes into this infiltration device. Instead of just routing it under the road and heading it to the lake as quickly as possible so that it picks up pollutants and ends up down at the lake it would go through these devices. COUNCILMAN BREWER-Asked if they did not get grants would they want the Town to buy these devices and put them in. WARREN COUNTY SUPERVISOR, MR. MASON-I want to start looking at this. Let's say we are going to get grants I don't want to see Mr. Navitsky do the engineering until we get an idea I know you don't want to commit to anything. In addition to this we would get a benefit that when we are all through we would end up with a permeable surface that would be a bicycle path and a foot path without increasing the footprint of the road and the ditch. We end up with a better treatment of surface water and a safe walking path. SUPERVISOR MONTESI-Recommended if he gets Mr.Navitisky that you also get Jim Lieberman from the Soil and Water and let both of them deal with it. WARREN COUNTY SUPERVISOR, MR. MASON-Asked if he should tell them to go ahead and then try and get some grants then come back to the board. SUPERVISOR MONTESI-Sure. WARREN COUNTY SUPERVISOR, MR. MASON-Spoke to the board regarding the Aquatic and Invasive Species fight on Lake George and all the water bodies in the Town of Queensbury. I represent Warren County I am concerned about this throughout the County as well as throughout the State this is a big problem and is well beyond the Town of Queensbury. I am thankful for your support for this fight in the past you funded last year some money towards this fight hopes that this continues appreciates the resolution that was passed tonight in support of this. There is a Memorandum of Understanding that is going around that the Town of Bolton and the Town of Lake George recently approved as of last week. Tony has a rough draft I can get more of them for you I would like the board to reconsider this maybe at the next month's meeting it goes a little beyond and spells it out a little more clearly. COUNCILMAN STROUGH-It needs to be a full hearted effort halfhearted efforts only lead to deterioration of the lakes water quality. WARREN COUNTY, SUPERVISOR, MR. MASON-Feels that we have an opportunity right at this moment things are aligning with the Federal and State Governments we might get some serious funding but now is the time for all of us to show resolve with this issue and demonstrate to them how important this is to all of us. 3.0 TOWN BOARD DISCUSSIONS COUNCILMAN STROUGH • Spoke to the board regarding Jim Underwood's dedicated service to this community. I appreciate his service he served on the Zoning Board of Appeals and was also Chairman. He helps at cross country ski races, bike rallies, school efforts, college efforts. He will even be the tour guide on the Hudson River or any other body of water. I know a few other people who serve this community as earnestly as Jim Underwood. I know a few who worked selfishly to protect the environment as Jim Underwood does. Most recently he helped engineer and build our first bridge on Rush Pond Way Trail. The beautiful Adirondack style railings were of his mind and his hand he asks nothing for himself. He helps to build hiking trails and stream crossings all through the Adirondacks for the DEC and others. If we had one I would give Jim Underwood our gold star for community service, Jim would not ask for it, but I am going to give it anyways it is from the deepest part of my heart,thank you. REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 893 COUNCILMAN METIVIER • I too, had a note to thank Jim for his countless years on the Zoning Board of Appeals he has done a great job for the Town he has put in many hours and we certainly appreciate that. I look forward to working with our new members of the Zoning Board of Appeals although the Town Board does not get involved in those issues certainly we are involved so I welcome all of them hopefully they will do a good job I am sure they will. I was very impressed with the interviews of the three candidates. To think that we have three people that actually want to do a job like sitting on the Zoning Board of Appeals as Dan Stec would tell you in years past it is a thankless job. The fact that there are as qualified canidates to step forward and want to sit on the boards says a lot. I encourage other people to get involved it is thankless work, but in the end I found it to be very rewarding when I sat on the Planning Board hopefully other people will want to get involved as well. • Last week I spent many hours working with folks up in North Queensbury. Bill Mason, thank you very much. Bill has some wonderful ideas I went away from that meeting feeling pretty good in light of the fact that we have a lot of serious problems on the lake that we need to deal with. Later on in the afternoon I sat with a bunch of folks who live on Assembly Point who too have spent countless hours trying to improve the quality of the lake they, too have some great ideas. More importantly they have some major concerns about the lake the environment. Assembly Point that has been just beaten up in the last few years with storms lost almost a thousand trees. When you are up there now you can look across the peninsula and see the other side, which you were not able to do two years ago. Now you look at trees that are falling for no reason it is because they are weak and they have been weakened. There are a lot of environmental issues that we as a Town cannot deal with because it is private property, but as a Town we have to deal with it because it is our land that is in a mess. Hopefully we can figure some stuff out unfortunately money is the object and if we could get some grant money to fix some of these problems that would be great if not we are going to have to find another way. SUPERVISOR MONTESI • There was a serious fire in Queensbury last week a warehouse that stored paper I just want to give accolades to our Highway Department. They took the initiative when a ladder truck and there were four ladder trucks there when a ladder trucks gets stationed at a fire it is pretty hard to disconnect the hose and have them go to the gas station. Our Highway Department took their tanker truck and they keep those fire trucks filled with fuel forty eight hundred dollars' worth of fuel. At the point where the Highway Superintendent said do I bill West Glens Falls they were the first responder. I said it is taxpayer's dollars you tell me how your budget looks in terms of your fuel line. He said I am okay so I said let's let the taxpayers that have already paid once not have to pay twice so West Glens Falls thank you for the help in fighting that fire we will not be billing you for the gas. Incidentally the Water Department while the fire was on going pumped nine million gallons of water into that fire and we were able to stay with the six million to provide for the household that was a fifteen million gallon day that we stayed ahead of the water needs for the Town of Queensbury. The entire Town Board thanked all fire departments involved in fighting the fire. • Met with John Strough and Chazen and Company today we have initiated a study on South Queensbury and the Ciba Geigy site. It is going to be an extensive study what possibly can we do with the Ciba-Geigy site what about the neighborhood of South Queensbury is there some way that we can enhance that and bring that neighborhood together. There is a website that Chazen has put out it is www.queensburysouth.com . If you have an interest in that just take a look at it we started to formulate some ideas the study will be on going through the spring. CORRESPONDENCE REGULAR TOWN BOARD MEETING 02-11-2013 MTG 9 894 DEPUTY CLERK, O'BRIEN-The following reports are on file in the Town Clerk's Office. The Animal Control Officer Report for January 2013 and the Supervisor's Report for Community Development and Building and Codes for January 2013. SUPERVISOR MONTESI-There is no Executive Session. We are the only Municipal in Warren County to be televised thanked sponsors and Look TV. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 119,2013 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 its Regular Town Board Meeting. Duly adopted this 1 lth day of February, 2013, by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer,Mr. Montesi NOES: None ABSENT:None RESPECTFULLY, SUBMITTED DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY