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2010-10-04-MTG#37 REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 15 REGULAR TOWN BOARD MEETING RES# 329-338 TH OCTOBER 5, 2010 B.H. 26-27 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS CHRIS HARRINGTON, ENGINEER PRESS POST STAR, TV 8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER SUPERVISOR STEC-Opened meeting. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 329, 2010 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 the Queensbury Board of Health. th Duly adopted this 4 day of October, 2010, by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF TAVIS & ASHLEY LEOMBRUNO RESOLUTION NO.: BOH 26, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 16 SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Tavis and Ashley Leombruno have applied to the Local Board of Health for variances from Chapter 136 to allow placement of the: 1. existing 1,000 gallon septic tank and proposed new leach field 1’ from the front property line in lieu of the required 10’ setback; and 2. proposed new leach field 10’ from the residential basement in lieu of the required 20’ basement setback; on property located at 345 Glen Lake Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on th Monday, October 18, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Tavis and Ashley Leombruno’s sewage disposal variance application concerning property located at 345 Glen Lake Road in the Town of Queensbury (Tax Map No.: 289.9-1-62) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 4 day of October, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 27, 2010 INTRODUCED BY: MR. TIM BREWER WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 17 RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 4 day of October, 2010, by the following vote: Ayes: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier Noes: None Absent:None 2.0 PRIVILEGE OF THE FLOOR (LIMIT 4 MINUTES) BRIAN GRANGER, 41 OLD MILL LANE, QUEENSBURY-Spoke to the board regarding the fountains at the Tire Warehouse. SUPERVISOR STEC-Looked into this Mr. Brown told me that occasionally they do get calls regarding this he said it is in the County right-a-way. I called the Superintendent of Department of Public Works, Jeff Tennyson he said he would look into this. If they are in the right-a-way as staff believes that they are he will probably tell them to get their stuff out of the right-a-way. MR. GRANGER-Concerned that the last part of the problem the last time before the culvert pipe was fixed was the erosion from those pumps. There are two pumps down there and one of the lines is sticking right in the culvert pipe on County property. JOHN SALVADOR, NORTH QUEENSBURY-Spoke to the board regarding his foil request to the North Queensbury Fire Fighters Service Corporation. Spoke to the board regarding the Town Board Meeting of September 27, 2010 mentioned that the contract that the Town has entered into with the firm of Ross, Rigby and Patton for the Annual Audit of the expenditures of Town funds by the five Volunteer Fire Companies and three Emergency Rescue Squads has a provision included whereby the audit firm receives additional remuneration specially for the preparation of the eight companies federal income tax returns. These income tax returns for not-for- profit organizations are commonly referred to as IRS form 990. Prior to the 2009 contract the respective volunteer organizations must have financed the cost of preparing the nine ninety from their budgeted amounts in line item titled professional services. SUPERVISOR STEC-This is not true. The Town and their contracts prior to 2009 have also provided a similar compensation so we have been doing it longer than just 2009. MR. SALVADOR-Since the 2009 contract shifting the cost for the preparation of the nine nineties directly to the Town this has cost the Town in 2008 seventeen thousand one hundred eighty dollars. SUPERVISOR STEC-This is a conditioned that we negotiated into the contract because we thought that collectively the Town would be able to get a better rate by REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 18 hiring one accountant to do all eight companies. I explained this a week ago and its part of the consideration in the contract. MR. SALVADOR-Foiled the billings for the Audit years 2008 and 2009. The 2009 Audit year is not complete because it is done in 2010. According to the contract and based on the Audit Firms experience the total eight company audit was estimated to cost us twenty two thousand three hundred dollars whereas the total billings in 2009 for 2008 fire and emergency service year amounting to fifteen thousand three hundred and fifty five dollars for the Fire Service Company and nine thousand eight hundred and seventy dollars for the Emergency Squads for a total of twenty five thousand two hundred and twenty five dollars noting it is a sixty eight percent overrun in what the firm estimated based on their experience. Three of the five Fire Companies have requested extensions in time on filing their nine nineties. Two of the three Emergency Squads have filed for extensions on their nine nineties. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding the Fire Companies budgets asked if there are any itemized copies of how they spend the monies. SUPERVISOR STEC-We get a copy of their audit and when they request the following year the next contract budget part of that is to give us a detailed budget. Yes, I am sure for each fire company and rescue squad we have a more detail budget than what is in the contract. When they submit this work they do typically submit a more detail proposal. If we have it we will give it to you it is a public document. MR. TUCKER-Asked if North Queensbury has paid off their mortgage on their building, but is still getting paid the money for the mortgage. SUPERVISOR STEC-In their contracts there is language exactly on that, that says when that mortgage gets paid off they would continue on with that funding because of the recent vehicle that they purchased. The debt went from building debt to truck debt it is spelled out in the contract. COUNCILMAN MONTESI-Anyone of these it is usually a workshop that we are sitting down with the Fire Company or the EMS Company in reviewing that budget so every one of these is probably the subject of a workshop. GEORGE WINTERS, 4 JOHN CLENDON ROAD, QUEENSBURY-Asked Supervisor Stec how long he has been here. SUPERVISOR STEC-On the board this is my eleventh year as your Supervisor it is my seventh year. MR. WINTERS-Seven years we haven’t had a Town tax… SUPERVISOR STEC-Nine years we haven’t had a Town tax. MR. WINTERS-Noted his concerned with a Town tax when times are hard. REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 19 SUPERVISOR STEC-Reviewed the process on how they figure the budget noting if anyone would like a Tentative Budget it is available a public hearing on this will be held in about a month. MR. WINTERS-Asked if the Town has thought about eliminating some services. SUPERVISOR STEC-It is a bare bones budget the Town is frugal there is always room for improvement if you have a specific idea that you find share it with us. PAUL H. NAYLOR, 15 DIVISION ROAD, WEST GLENS FALLS-Complemented the board on a job well done keep up the good work. 3.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2010 TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER ENTITLED, “DOG CONTROL LAW” RESOLUTION NO. 330, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2010 to amend the Queensbury Town Code by adding a new Chapter entitled "Dog Control Law,” to ensure compliance with the New York State Agriculture and Markets Law Article 7 regarding the licensing, identification and control of dogs, and WHEREAS, this legislation is authorized in accordance with the New York State Agriculture and Markets Law Article 7 and the New York State Municipal Home Rule Law, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, October 18, 2010 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: __ of 2010 to amend the Queensbury Town Code by adding a new Chapter entitled "Dog Control Law,” 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 such proposed Local Law in the manner provided by law. th Duly adopted this 4 day of October, 2010, by the following vote: REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 20 AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE OR SURPLUS EQUIPMENT RESOLUTION NO.: 331, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town’s Parks and Recreation Director has declared certain equipment in his Department as obsolete as follows: Asset Tag Description Serial Number 3051 1990 Custom Trailer 5-Ton Rating, 16 x 7" 1YB32153XM1B1T240 3371 1993 Rhino Turf-Flex Mower 10261A/B/C 2007 John Deere Riding Mower, Model LA 0114 110 Hydro GX0110A044036 and WHEREAS, the Parks and Recreation Department advised Town Departments of such equipment and did not receive any requests from the Departments for such equipment, and WHEREAS, the Town Budget Officer therefore has requested Town Board authorization to sell the obsolete or surplus equipment by using auction companies: 1) Auctions International; and/or 2) GovDeals; to dispose of such surplus property, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the sale of the Town Parks and Recreation Department’s items that are no longer needed by the Town or obsolete as follows: Asset Tag Description Serial Number 3051 1990 Custom Trailer 5-Ton Rating, 16 x 7" 1YB32153XM1B1T240 3371 1993 Rhino Turf-Flex Mower 10261A/B/C 2007 John Deere Riding Mower, Model LA 0114 110 Hydro GX0110A044036 and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 21 RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction companies Auctions International and GovDeals to sell/dispose of the obsolete or surplus items and authorizes and directs the Town Supervisor to execute any needed Agreements with such companies in form acceptable to the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel, and BE IT FURTHER, RESOLVED, that all Town proceeds from the sales shall be deposited into the appropriate revenue accounts in accordance with the Queensbury Town Code and Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent, Director of Parks and Recreation and/or Town Counsel to take such further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of October, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN WARREN COUNTY ACTING FOR AND ON BEHALF OF WARREN-HAMILTON COUNTIES’ OFFICE FOR THE AGING AND TOWN OF QUEENSBURY RESOLUTION NO. 332, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Warren County, on behalf of the Warren-Hamilton Counties’ Office for the Aging, is authorized to establish, operate and maintain programs and services for the elderly in Warren County and is authorized to contract with public, private and non-profit and voluntary agencies to provide such needed services for adults 60 years of age and over, and WHEREAS, the Town of Queensbury is capable of assisting Warren County in fulfilling this responsibility, and REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 22 WHEREAS, Warren County has presented the Town Board with an Agreement for transportation for the elderly services for 2010, with Warren County to reimburse the Town up to fifty percent of the actual expenses incurred or up to the amount of $6,607 for the Town’s provision of these services, and WHEREAS, the proposed Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with Warren County on behalf of the Warren-Hamilton Counties’ Office for the Aging for the year 2010 substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement with insurance provisions consistent with Town Policy and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of October, 2010, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING TRANSFER OF MONIES FROM LANDFILL FUND #009 TO GENERAL FUND #001 RESOLUTION NO.: 333, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, from 2001 to 2004, the Queensbury Town Board authorized temporary investments totaling $268,900 of General Fund monies to the Landfill Fund, and WHEREAS, it has been recommended by the Town’s independent auditor that the Landfill Fund be treated as an Enterprise Fund and not as part of the General Fund, and WHEREAS, the General Fund has not yet been duly reimbursed and the Town Board now wishes to reverse this temporary investment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the transfer of $268,900 from the Town’s Landfill Fund #009 to the General Fund #001, such transfer to be accomplished as funds become available from the Landfill operation to allow for the transfer of monies as deemed appropriate by the Town Budget Officer and Town Accountant, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 23 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Accountant to take such other and further action necessary to effectuate the terms of this Resolution th Duly adopted this 4 day of October, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING ESTABLISHMENT OF CAPITAL PROJECT FUND #180 AND AWARD OF BID FOR MATERIALS FOR UNDERDRAIN REHABILITATION FOR FILTERS AND PROGRAMMABLE LOGIC CONTROLLERS AT WATER DEPARTMENT RESOLUTION NO. 334, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Water Department Civil Engineer requested that the Town Board authorize an advertisement for bids for the purchase of materials for 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 in accordance with bid specifications on file with the Town’s Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, and WHEREAS, by Resolution No.: 311,2010, the Town Board authorized the Town’s Purchasing Agent to advertise for bids and following such advertisement and receipt of bids, all received bids were th opened and reviewed on September 24, 2010, and WHEREAS, the Purchasing Agent, the Water Superintendent and Civil Engineer have recommended that the Town Board award the bid to the only, and therefore the lowest, responsible bidder, Infilco Degremont, Inc., for an amount not to exceed $397,669, with the Town’s Water Department to provide the labor for installation, and WHEREAS, the Town Board accordingly wishes to establish a Capital Project Fund related to the Project, and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 24 Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for Change Orders that he deems necessary or appropriate, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the “Underdrain Rehabilitation for Filters Capital Project Fund #180,” which Fund will establish 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, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase of materials for 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, from Infilco Degremont, Inc., for an amount not to exceed $397,669, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes expenses up to the amount of $35,000 toward costs associated with the installation of such materials, including the rental of any equipment needed for such Project, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a 5% contingency or in the total amount not exceeding $21,633.45 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be from Fund Balance, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #180 in the amount of $454,302.45, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish accounts for such appropriations and revenues as necessary, and REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 25 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2010 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Civil Engineer and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of October, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING FUNDING OF FUND #014 LAKE GEORGE PLAN FOR THE FUTURE RESOLUTION NO.: 335, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has Agreements with New York State related to the Lake George Plan for the Future Grant Programs, and WHEREAS, in order to receive the grant funding under this program, the Town of Queensbury has to advance monies to pay for expenses incurred, then request reimbursement of these expenditures under the grant program, WHEREAS, the Lake George Plan for the Future Grant Fund #014 is a Capital Project Fund, and appropriate funding for expenses incurred prior to reimbursement from the State of NY should have been from the Capital Reserve #64, and WHEREAS, in the past, the General Fund had advanced such monies, and WHEREAS, in order to show monies due to the Town for these capital projects from New York State should be associated with the Capital Reserve #064 not the General Fund #001, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 26 RESOLVED, that the Queensbury Town Board hereby authorizes re-allocation of $368,000 in monies expended to fund expenses for past Lake George for the Future, Fund #014 still subject to reimbursement under the grant agreements between the Town of Queensbury and NY State from General Fund to the Capital Reserve #064, and BE IT FURTHER, RESOLVED, that any future expenditures on Fund #014 shall be funded from Capital Reserve #064 and any reimbursements received under Grant Agreements with New York State for past and future expenditures shall be returned to the Capital Reserve #064, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Accountant to take all actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 4 day of October, 2010, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, MR. Montesi, Mr. Strough NOES: None ABSENT:None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF OCTOBER 5, 2010 RESOLUTION NO.: 336, 2010 INTRODUCED BY: Mr. Tim Brewer 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 thth with a run date of September 30, 2010 and payment date of October 5, 2010, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 27 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with the run date of thth September 30, 2010 and payment date of October 5, 2010 totaling $212,560.09, 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. th Duly adopted this 4 day of October, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON YEAR 2010 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. AND PURCHASE OF AMBULANCE RESOLUTION NO.: 337, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the agreement currently in effect between the Town and the West Glens Falls Emergency Squad, Inc., expired on December 31, 2009, and WHEREAS, the Town and the West Glens Falls Emergency Squad, Inc., have negotiated terms for a new one year Agreement for general emergency ambulance services, and WHEREAS, the Squad also wishes to purchase a new 2010 ambulance to replace one of its ambulances damaged in a motor vehicle accident, for the approximate purchase price not to exceed $127,000, and WHEREAS, the Squad plans on paying the total cost of the ambulance in cash as follows: 1. Up to $90,000 from monies paid to the Squad by the Town as part of the 2010 Agreement, with such maximum amount of $90,000 in funding from the Town to the Squad to come from unappropriated, undesignated EMS Fund Balance; and 2. All remaining amounts from funds already on deposit in an account of the Squad, including, REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 28 without limitation, approximately $31,000 from insurance proceeds, vendor discounts and trade-in amounts; and WHEREAS, the Town Board feels that this new ambulance will provide additional safety protection for the Town, and WHEREAS, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning the proposed 2010 Agreement for emergency ambulance service and ambulance purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed ambulance purchase and new emergency ambulance service Agreement between the Town of th Queensbury and the West Glens Falls Emergency Squad, Inc., on Monday, October 18, 2010 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 4 day of October, 2010, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 4.0 CORRESPONDENCE DEPUTY TOWN CLERK O’BRIEN-The Financial Audit of the Town of Queensbury ending December 31, 2009 is on file in the Town Clerk’s Office. 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER NO COMMENT COUNCILMAN MONTESI ? Received a call from Tammy Sullivan after the rain storm there was no water in the basement no water in the yard it is a great sign. We need to get rid of the fountains they are on the County right-a-way. REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 29 ? Received a letter from the Institute of Assessing Officer that Terri Ross, IAO has been awarded the IAO designation it represents the highest professional Assessor achievement that one can obtain in New York State. COUNCILMAN STROUGH ? Queensbury Senior Citizens newsletter the Queensbury Post listed activities for people who are fifty five years and older. COUNCILMAN BREWER NO COMMENT SUPERVISOR STEC ? Thanked TV 8 and sponsors for televising the Town Board Meetings ? www.queensbury.net ? Forwarded the Town Board regarding an email that I received this afternoon from the Attorney John Lapper the Attorney for Pyramid Mall. The Town has indicated to Pyramid that we are initiating the lawsuit that we threatened six months ago. The Town feels that the buildings demolition should not in any way be predicated on approval for a project. They forwarded a letter to me today and to Town Counsel and I shared with the board an effort to try to settle the litigation a settlement proposal. I am pleased to say that it promises a demolition immediately without tying it to any time line related to a closing on the property or a site plan approval by our Planning Board. It literally says that Wednesday, they need to start a clock with the Department of Labor there is asbestos in the building there is asbestos in most old building, but before they demolish the building they need to do an asbestos abatement. Before you can do an asbestos abatement the Department of Labor has to be involved there is a notice requirement. They are proposing to start that clock on that asbestos abatement notification requirement on Wednesday. It is not clear to me and one of the issues that needs to be worked out between their Attorney and our Attorney is we need to figure out exactly what is required of DOL is there an actual approval that needs to come from DOL or just a mere period of time that they need to notify, but whatever that is that is what they are offering upon that they will start within fourteen days following that time line the abatement and demolition. So we, have, I think a firmer proposed demolition time schedule that fortunately is not tied to action by the Planning Board or a closing. Recommended to the board to wait to find out what Town Counsel finds out as far as what exactly this DOL notice or approval entails I think it is a step in the right direction. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 338, 2010 REGULAR TOWN BOARD MEETING 10-04-2010 MTG#37 30 INTRODUCED BY: Mr. Ronald Montesi 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. th Duly adopted this 4 day of October, 2010 by the following vote: Ayes: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier Noes: None Absent:None RESPECTFULLY SUBMITTED DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY