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.
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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
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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.
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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
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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
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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
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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
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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,
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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
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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
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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
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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