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2013-03-04- Mtg 12 REGULAR TOWN BOARD MEETING 03-04-2013 MTG#12 926 REGULAR TOWN BOARD MEETING MTG# 12 MARCH 4, 2013 RES 132-138 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR RONALD MONTESI COUNCILMAN ANTHONY METIVIER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR LOOK TV 1.0 RESOLUTIONS RESOLUTION REAPPOINTING ANDREW GARNER, M.D. AS 2013 TOWN HEALTH OFFICER AND AUTHORIZING HEALTH OFFICER AGREEMENT RESOLUTION NO.: 132,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, the term of the Town of Queensbury's Health Officer, Andrew Garner, M.D., recently expired,and WHEREAS, the Town Board wishes to reappoint Dr. Garner as Town Health Officer for 2013 and enter into an agreement with Dr.Garner to serve as the Town's Health Officer,and WHEREAS,a proposed agreement is presented at this meeting, NOW,THEREFORE,BE IT RESOLVED,that the Queensbury Town Board appoints Andrew Garner, M.D. as the Town's 2013 Health Officer,and BE IT FURTHER, RESOLVED, that the annual salary for Dr. Garner shall be $2,000,plus $100 per hour for any case work the Town assigns to him, to be paid for from the appropriate account as determined by the Town Budget Officer,and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting and 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. REGULAR TOWN BOARD MEETING 03-04-2013 MTG#12 927 Duly adopted this 4"'day of March,2013,by the following vote: AYES Mr.Metivier,Mr. Strough,Mr.Brewer,Mr.Montesi NOES None ABSENT: None RESOLUTION AUTHORIZING BANKING TRANSACTIONS AND INTERNET-BASED BANKING SERVICES FOR TOWN WATER AND WASTEWATER DEPARTMENTS RESOLUTION NO.: 133,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 4,2013, the Queensbury Town Board authorized certain banking transactions and internet-based banking services, and WHEREAS, the Town Board wishes to adopt a similar Resolution pertaining and granting authority to the Town's Water and Wastewater Departments, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the following actions: 1. The following individuals, in their official capacities, are authorized to transact the financial and banking business of the Town of Queensbury in accordance with all applicable laws and organization documents, and the specific authorities granted by this Resolution: Ronald Montesi, Town Supervisor John Strough, Deputy Town Supervisor Bruce Ostrander,Water Superintendent Chris Harrington, Civil Engineer/Acting Wastewater Director REGULAR TOWN BOARD MEETING 03-04-2013 MTG#12 928 2. TD Bank (Bank) has applied and consented to serve as a Depository of Town funds and has executed a Third Parry Custodian Agreement satisfactory to the Town Budget Officer/Accountant and Town Counsel and is hereby designated as an approved Depository. 3. The Town Supervisor, Deputy Supervisor, Water Superintendent and/or Civil Engineer/Acting Wastewater Director or any one of them, is/are hereby authorized to initialize opening a bank account or accounts from time to time with authorized banks and their affiliates for and in the name of the Town of Queensbury Water Department and/or Wastewater Department with such title or titles as he/she may designate, and to execute depository contracts that comply with Town Policy and operating procedures. To finalize any new account,the Town Supervisor, Deputy Supervisor, Water Superintendent and Civil Engineer/Acting Wastewater Director need to execute the appropriate documentation required by the financial institution, including,but not limited to, signature cards. 4. The maximum FDIC insured amount which may be kept on deposit at the Bank at any time is $250,000. The amount over and above FDIC insurance of $250,000 which may be kept on deposit at the Bank is limited the value of approved collateral, calculated in accordance with Regulations of the New York State Comptroller, pledged to secure Town deposits and deposited with the designated Third Party Custodian. 5. The Town Supervisor, Deputy Supervisor, Town Water Superintendent and/or Civil Engineer/Acting Wastewater Director and their successors and any other person authorized by statute, regulation or Court Order on behalf of these authorized persons, is/are hereby authorized to sign, by hand or by facsimile (including, but not limited to, electronically generated) signatures(s), checks, drafts, acceptances and other instruments. One signature shall be required on any checks, drafts, acceptances and other instruments. 6. The Town Supervisor, Deputy Supervisor, Water Superintendent and Civil Engineer/Acting Wastewater Director are hereby authorized without further action of the Town Board to execute bank forms establishing procedures for call-back verifications and written confirmations in connection with payment orders, thereby designating one or more individuals, whether or not such individuals be designated as "Authorized Persons" for the purpose of the verification of payment orders and issuance of written confirmations and the Billing Supervisor and Principal Account Clerks are authorized to have inquiry privileges for duly established accounts. 7. The Town Clerk and/or Deputy Town Clerk(s) is/are hereby authorized and directed to certify to the Authorized Bank Depository under the seal of the Town of Queensbury the effect of this Resolution,the names of the officials, authorized persons and other representative of the Town of Queensbury and any changes from time to time of these officials, authorized persons and representatives, and specimens of their respective signatures. REGULAR TOWN BOARD MEETING 03-04-2013 MTG#12 929 and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs that: 1. TD Bank (Bank) is designated to provide the computer-based financial accommodations indicated in this Resolution. 2. This Resolution shall continue to have effect until express written notice of its rescission or modification has been received and recorded by the Bank. Any and all prior Resolutions adopted by the Town Board and certified to the Bank as governing the operation of the Town's accounts are in full force and effect until the Bank receives and acknowledges an express written notice of its revocation, modification or replacement. Any revocation, modification or replacement of a Resolution must be accompanied by documentation, satisfactory to the Bank, establishing the authority for the changes. 3. The signature of an Agent named on this Resolution is conclusive evidence of his authority to act on behalf of the Town. Any Agent, so long as he acts in a representative capacity as Agent of the Town, is authorized to make any and all other contracts agreements, stipulations and orders which he may deem advisable for the effective exercise of the powers indicated above, from time to time with the Bank, subject to any restrictions on this Resolution or otherwise agreed to in writing. 4. All transactions, if any, by or on behalf of the Town prior to the adoption of this Resolution are hereby ratified, approved and confirmed. 5. The Town agrees to the terms and conditions of any Account Agreement, properly opened by any Agent of the Governmental Unit. The Town authorizes the Bank, at any time, to charge the Town for all checks, drafts or other orders for the payment of money that are drawn on the Bank so long as they contain the required number of signatures for this purpose. 6. The Town acknowledges and agrees that the Bank may rely on alternative signature and verification codes to or obtained from the Agents named in this Resolution. The term "alternative signature and verification codes" includes, but is not limited to, ID numbers and personal identification numbers (PIN) to be used by the Agents to access Internet REGULAR TOWN BOARD MEETING 03-04-2013 MTG#12 930 banking services. The Bank shall have no responsibility or liability for unauthorized use of alternative signature and verification codes unless otherwise agreed to in writing. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town of Queensbury's Accounting Office, Town Water Department and Town Wastewater Department to adopt a system of internal controls for the documentation and reporting of all transfers or disbursements of funds accomplished by electronic or wire transfer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, the Water Superintendent, Civil Engineer/Acting Wastewater Director, Billing Supervisor, Principal Account Clerk(s), and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 4"'day of March,2013,by the following vote: AYES : Mr. Strough,Mr.Brewer,Mr.Montesi,Mr.Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING EXTENSION OF EMPLOYMENT TERMS FOR NICHOLAS GEORGE - TEMPORARY, PART-TIME ACTIVITIES CENTER COORDINATOR RESOLUTION NO.:134,2013 INTRODUCED BY Mr.John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 REGULAR TOWN BOARD MEETING 03-04-2013 MTG#12 931 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, by Resolution No.: 104,2012, the Town Board authorized an extension of the employment terms for Mr.George through March 15th,2013,and WHEREAS, it is anticipated that the full-time employee will return to work on at least a part-time basis or about March 13'h,2013,and WHEREAS, the Town Board wishes to therefore authorize an extension of Mr. George's employment terms through March 31St, 2013 to allow him sufficient time in which to train the full-time employee on new software and procedures that have been implemented during her seven (7) month absence, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an extension of the employment terms set forth in Resolution No.'s: 250,2012 and 104,2013 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 31 st,2013,and BE IT FURTHER, 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 4th day of March,2013,by the following vote: AYES : Mr. Strough,Mr. Brewer,Mr. Montesi,Mr.Metivier NOES : None ABSENT :None RESOLUTION TO AMEND 2012 BUDGET RESOLUTION NO.: 135,2013 REGULAR TOWN BOARD MEETING 03-04-2013 MTG#12 932 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 $ 001-5132-4500 Heating Fuel 001-5182-4305 Street Lights 4,175 020-0000-0909 Unappropriated Fund Bal 020-5182-4305 Street Lights 20 Duly adopted this 4t"day of March, 2013, by the following vote: AYES : Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Strough NOES : None ABSENT:None RESOLUTION AUTHORIZING ACCEPTANCE OF $500 DONATION FROM THE ADIRONDACK SOCCER CLUB INC., FOR TOWN RECREATION DEPARTMENT SOCCER PROGRAM RESOLUTION NO.: 136,2013 INTRODUCED BY: Mr.Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Adirondack Soccer Club, Inc., has offered to donate $500 to the Town of Queensbury Recreation Department's Soccer Program toward the purchase of new soccer goal nets, and REGULAR TOWN BOARD MEETING 03-04-2013 MTG#12 933 WHEREAS,the Town Board is honored by this generous offer,feels that such donation will benefit Town residents,and therefore wishes to authorize such donation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the donation of$500 from the Adirondack Soccer Club,Inc.,for the Town Recreation Department's Soccer Program,and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to deposit the donation and then increase the Recreation Programs Expense Account No.: 001-7110-4824 by$500 and the Gifts and Donations Revenue Account No.: 001-0000-52705 by$500,and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town's Director of Parks and Recreation to send a certified copy of this Resolution to the Adirondack Soccer Club, Inc.,with a letter from the Town thanking the Club for its generosity. Duly adopted this 4"'day of March,2013,by the following vote: AYES : Mr.Montesi,Mr.Metivier,Mr. Strough,Mr.Brewer NOES : None ABSENT:None RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF MARCH 5TH, 2013 RESOLUTION NO.: 137,2013 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 February 28"',2013 and a payment date of March 5"',2013, REGULAR TOWN BOARD MEETING 03-04-2013 MTG#12 934 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of February 28h,2013 and a payment date of March 5t'',2013 totaling$228,591.18, 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 4h day of March,2013,by the following vote: AYES : Mr.Metivier,Mr. Strough,Mr.Brewer,Mr.,Montesi NOES : None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR JOHN SALVADOR-Asked the board what the current status is of the abandonment of Dunhams Bay Road. SUPERVISOR MONTESI-The current status is that we as a board we are not going to abandon the road it will stay open. There seems to be too many problems that could occur from that so we are going to leave the road open that was prompted by the Highway Superintendent. MR. SALVADOR-The road needs care, they just paved it, asked Councilman Metivier to advise all the people in that area that it is a Town road and it has to be taken in to care. COUNCILMAN METIVIER-They all know. MR. SALVADOR-They need signage and lighting asked if it is the Town Policy to have a street light at the intersection of a Town Road and State Highway. COUNCILMAN BREWER-That is not necessarily true. I won't say that we don't do it, but I do not know that it is required by law. MR. SALVADOR-Not required by law, but it has been a Town Policy. COUNCILMAN BREWER-We will look into it for you. COUNCILMAN METIVIER-We will check it out that is a good question. MR. SALVADOR-Spoke to the board regarding problems with wastewater in Dunhams Bay. The Dunhams Bay Association has formed a Water Quality Awareness Committee. They have an initial report that property owners that had no algae blooms along their shoreline as a result of our underwater investigation were only forty four percent. That is fifty six percent of the residential properties on Dunhams Bay that have shoreline algae blooms that can be accredited to organic in REGULAR TOWN BOARD MEETING 03-04-2013 MTG#12 935 nature. We are at the point that we are going to need help asked what can the Town do what is the goal for all of these neighborhood areas in North Queensbury. SUPERVISOR MONTESI-Last year we did put the fertilizer ban into effect, which is being enforced in essence by the neighborhoods. COUNCILMAN BREWER-What is it you want us to do? MR. SALVADOR-The Town has regulations and codes we know it is all coming from septic systems. COUNCILMAN METIVIER-I will be recommending to the board to hire a summer intern who will do a septic system inventory so we may determine what septic system have been updated and which have not. MR. SALVADOR-In Dunhams Bay we have already done this we have the inventory we have the survey, we have done the underwater inspection;we know what the magnitude of the problem is. SUPERVISOR MONTESI-You know the houses that are polluting do you want to share this with anyone? MR. SALVADOR-We have shared this with the homeowners. COUNCILMAN BREWER-Asked Mr. Salvador to share that with the board so they can enforce it. MR. SALVADOR-If we have to we are willing. COUNCILMAN BREWER-Give us the list we will validate it. MR. SALVADOR-Asked Councilman Strough the status of the marker for Edward Eggleston Library. COUNCILMAN STROUGH-It is on the list of to do things I will keep pushing the idea the Town Historian has her list of historic markers this is not near the top right now. MR. SALVADOR-Asked how they can get this near the top. COUNCILMAN STROUGH-If someone would offer to come through and fund it I think we could probably get it near the top. The Town Historian has her own budget and she has enough for one a year of the historical markers. MR. SALVADOR-Asked which one is scheduled for this year. COUNCILMAN STROUGH-It is the crossing that Burgoyne used in the Hudson River. MR. SALVADOR-Asked if they could be put on for next year. COUNCILMAN STROUGH-I will ask the Town Historian if we can't push it up to next year for you. 3.0 CORRESPONDENCE DEPUTY CLERK, O'BRIEN-Supervisor's Report for Community Development and Building and Codes for February 2013 on file in Town Clerk's Office. 3.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER • Spoke to the board regarding a company that would like to speak to the board regarding Compensation. It is a company that would go over our Compensation cases to see how REGULAR TOWN BOARD MEETING 03-04-2013 MTG#12 936 much we have paid out if they can recoup any of the cost then they go ahead and try to do that there is no cost to the Town would like to schedule them for a Workshop. Supervisor Montesi noted a meeting has been scheduled for March 18t1i, 2013. • Spoke to the board regarding the Peddler Law asked Supervisor Montesi if they could make a statement regarding Just Energy that they do not represent the Town of Queensbury in any way. They are going door to door asking people to give them their utility bills and telling them that the Town has suggested they go out and do this. Supervisor Montesi the company is called Just Energy they seem to use some high pressure tactics in dealing with folks. I guess the concept is sign up with me and not National Grid we will save you some money, which I am not sure if they are really going to be saving money. A couple of months ago we had a company that sent letters to homeowners in essence what they said you know your water line is out in the street,but from the street to your house that is not covered by the Town so if it breaks you would have a problem so buy insurance from us. These are all Peddlers they are not really Transient Merchants it is pretty difficult to get a handle on that especially if they are just mailing or these guys are going door to door. Councilman Brewer if someone from that company comes to your door the Town did not send them if there are any questions you can call the Clerk's Office or tell them to go away or you can talk to them whatever your choice is. We are not endorsing them going door to door having people buy power from them. COUNCILMAN STROUGH • Asked if anyone knew what happened two hundred years ago on March 12th at 2:00 p.m., it was the founding of Warren County. On March 12t1i, 2013 at 2:00 p.m. exactly two hundred years later bells of the Churches all through the County will be ringing in celebration of the 200 Hundredth Anniversary of the formation of Warren County also spoke about some of the history relating to Warren County. • Read an article from the Queensbury Post,which is the monthly magazine the Queensbury Senior Citizens put out the article is called, Being a Volunteer by Betty Spadaro. COUNCILMAN METIVIER • We made the Associated Press today South Glens Falls raised almost five hundred thousand dollars this weekend this is pretty impressive. Spoke to the students in the audience asking them if they are friends with anyone from South Glens Falls make sure you congratulate them they did a great job. I think next year make sure you guys get involved in it we don't want to steal their thunder because this is something that they have done for thirty four or thirty six years next year see what Queensbury can do to help them out. If you do not participate or go to it you should watch it next year on line it is pretty impressive to watch. They gave some pretty remarkable people a lot of money this year. SUPERVISOR MONTESI • Thanked Councilman Strough for stepping in as his Deputy while he was on a scheduled vacation that he planned last year also thanked Councilman Brewer and Councilman Metivier. • A meeting will be held tomorrow night on revaluation of property in Queensbury this noted this has not been done for seven or eight years. • Spoke regarding the building permits for the month and year in the Town of Queensbury. It appears that last year we had two million five in building permits and REGULAR TOWN BOARD MEETING 03-04-2013 MTG#12 937 this year four million eight so we are still in a growth mode in the Town of Queensbury regardless of what is happening nationally. • Thanked sponsors and Look TV for televising the meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 138,2013 INTRODUCED BY: Mr.John Strough WHO MOVED 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 4t'day of March, 2013 by the following vote: AYES: Mr. Strough,Mr.Brewer,Mr. Montesi, Mr. Metivier NOES: None ABSENT:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury