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2012-04-16 Mtg 9 REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 200 TOWN BOARD MEETING MTG. # 9 April 16, 2012 RES. 127-144 7:00 PM TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR TOWN OFFICIALS MIKE GENIER, CEMETERY SUPERINTENDENT BRUCE OSTRANDER, WATER SUPERINTENDENT THOMAS VANNESS, DEPUTY HIGHWAY SUPERINTENDENT CHRIS HARRINGTON, TOWN ENGINEER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH SUPERVISOR STEC OPENED MEETING 1.0 PUBLIC HEARINGS PUBLICATION DATE: APRIL 6, 2012 NOTICE SHOWN PUBLIC HEARING- 2012-2014 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. SUPERVISOR STEC- Okay, and as I discussed when I set this public hearing a couple weeks ago, after some spirited negotiations over the last couple of months, right at the end here; and I want to thank again Councilman Strough and Councilman Brewer for the final meeting that they had with the Treasurer from West Glens Falls, where we arrived I believe at a set a figures that we're going to be able to support on the Town Board level for a three year contract 2012, 2013 and 2014. The grand total including paid staffing operations, their debt service for 2012 is actually down slightly from 2011, down less than one percent but it is down slightly and then 2013 the grand total will be up seven tenths of a percent from that, and 2014 will be up seven tenths of a percent from that. So, certainly more in line with the spirit of the tax cap law that the State has imposed and certainly more consistent with the rest of the Town departments and the rest of the, frankly, the other Town, not only fire companies and rescue squads but just in general the Town operations here within the Town, the water department. There all basically inflationary in nature, so we are very pleased that we're away from a one year contract and a fourteen percent, operation side, fourteen percent suggested increase. Again, I want to applaud both Councilman Strough and Councilman Brewer for punching the ball in the end zone at the end here, and again I think it's a reasonable contract for the Squad, it's a reasonable contract for the taxpayer, but we're going to have a public hearing on it so if there's any members of the public that would like to comment. We'll take any comment and if you come to the microphone please state your name and address for the record, the microphones not only amplify but they also record for the purpose of the record. (No public comment). Any discussion from Town Board Members? I'll close the public hearing and I'll entertain a motion. REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 201 RESOLUTION APPROVING 2012- 2014 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD,INC. RESOLUTION NO.: 127, 2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services 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, 2011, and WHEREAS, the Town and the West Glens Falls Emergency Squad, Inc., have negotiated terms for a new three(3)year Agreement for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement for emergency ambulance services, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the emergency ambulance services Agreement between the Town and the West Glens Falls Emergency Squad, Inc., substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreement, and REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 202 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 necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of April, 2012, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 2.0 RESOLUTIONS RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH THE 99 RESTAURANT RESOLUTION NO.: 128,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, 99 West, LLC d/b/a 99 Restaurants owns and operates The 99 Restaurant located at 578 Aviation Road, Queensbury, New York, and WHEREAS, 99 West, LLC has applied for a liquor license due to a change of ownership at the premises, and WHEREAS, 99 West, LLC has requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the issuance of its liquor license, and REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 203 WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before 99 West LLC's liquor license is issued, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the applicant, 99 West, LLC d/b/a 99 Restaurants to then notify the New York State Liquor Authority that the Town waives the 30 day notification period before the liquor license is issued to 99 West, LLC and that the Town Board has no objection to such license, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of April, 2012 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING PARTICIPATION IN WARREN COUNTY EMPLOYMENT AND TRAINING YOUTH EMPLOYMENT PROGRAM RESOLUTION NO.: 129, 2012 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 204 WHEREAS, the Warren County Employment & Training Administration (Warren County) has submitted information to the Queensbury Town Clerk requesting the Town's participation in Warren County's 2012 Youth Employment Program, which Program provides for eligible youth ages 14 — 24 to work with non-profit and public agencies that can provide a quality work experience, and WHEREAS, by participating in such Program, eligible youth is trained to be good employees so that they are better prepared for their future while the Program also helps to promote a better understanding of local government services and fosters a spirit of cooperation between local students and the Town, and WHEREAS, participating in such Program allows the Town to provide additional services to its citizens at no expense to the Town, and WHEREAS, the Program provides insurance coverage for participating students while working at the Town, and WHEREAS, participation in the Program will not impair any existing contract for services or collective bargaining agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Clerk to participate in the Warren County Employment & Training Administration's 2012 Youth Employment Program as delineated in the preambles of this Resolution and to execute a Worksite Agreement for each student participant, provided that the Town of Queensbury's Unit of the Civil Service Employees Association, Inc. concurs with such arrangement, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 205 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Clerk to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of April, 2012, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION TO AMEND 2011 BUDGET RESOLUTION NO.: 130, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2011 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-9730-6030 BAN Principal 001-9730-7030 BAN Interest 7,525. REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 206 Duly adopted this 16th day of April, 2012, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION TO AMEND AND RESTATE DEFERRED COMPENSATION PLAN FOR TOWN OF QUEENSBURY EMPLOYEES RESOLUTION NO.: 131, 2012 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the New York State Deferred Compensation Board (the "Board'), pursuant to Section 5 of the New York State Finance Law ("Section 5") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of the Town of Queensbury (the "Model Plan") and offers the Model Plan for adoption by local employers, and WHEREAS, the Town of Queensbury, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of the Town of Queensbury, and WHEREAS, effective August 26t1i 2011 the Board amended the Model Plan to adopt provisions: • Reorganizing and updating sections to improve the overall readability and eliminate unnecessary numerical references (annual limits) from the Model Plan document. • Including employer elections within the plan document including: suspension of deferrals following an unforeseeable emergency withdrawal, automatic distributions from small and REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 207 inactive accounts, loan design parameters and Roth deferrals and in-plan conversions are permissive. The Model Plan document includes a Schedule A where the employer may indicate the election of one or more of these provisions. • Clarifying the first date a participant may make deferrals in compliance with Code Section 457(b) and timing requirements for any subsequent changes to deferral rates or allocations between pre-tax and after-tax deferrals. • Clarifying compensation available for deferral for purposes of calculating contributions and recognizes that employers use various methods in determining the order of deductions taken before a deferral percentage is applied. • Including provisions related to HEART Act of 2008 regarding treatment of differential pay and qualifying distributions for active military service in compliance with the HEART Act, including suspension of deferrals for six months following distribution. • Making technical recognition of the waiver of RMDs for 2009. • Clarifying that a beneficiary form must be received in good order to be considered valid. • Clarifying that the Model Plan will only accept rollovers from Eligible Retirement Plans comprised of pre-tax amounts and amounts may be rolled in by participants, beneficiaries (other than inherited accounts) and alternate payees. Model Plans may roll account balances out to Eligible Retirement Plans that include post-tax amounts if the receiving plan separately accounts for them. • Clarifying that a beneficiary of a deceased participant may roll a distribution directly to a Roth IRA, in addition to plan participants. • Including language allowing for future delivery of participant communications through electronic means, where appropriate. • Codifying that periodic and lump sum payments must be a minimum of$100 per payment, unless the Committee selects a different minimum, and sets a maximum annual number of partial distributions. • Clarifying that the $50,000 loan limit includes the highest loan value in the last twelve months from the Model Plan and other employer plans. Regarding participants who have defaulted on a Plan loan, subsequent loans would not be allowed until defaulted loan is repaid. Removes requirement that a participant must wait until the term of the original loan expires before applying for a new loan, assuming the defaulted loan is repaid. • Providing guidance on the handling of the receipt of special proceeds such as SEC settlements payable to former participants. REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 208 • Allowing a surviving spouse beneficiary to name a beneficiary on their account. • Including the 5 year option for non-spousal beneficiaries to receive distributions and makes distribution rules consistent for pre- and post-age 701/2 deaths. • Allowing earlier distributions due to severance of employment as long as a balance of$500 remains in the account for 45 days after a severance from employment. • Providing that outstanding loans from another New York state 457(b) plan may be allowed to be transferred or rolled in with a full account transfer. • Removing the Power of Attorney Language since the acceptance of a power of attorney is governed by State law and not required in the Model Plan document. • Clarifying the requirement that Committee actions must be taken at a public meeting in accordance with Article 7 of the Public Officers Law. • Limiting indemnification to Committee Members only. and WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations, and WHEREAS, upon due deliberation, the Town of Queensbury has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of the Town of Queensbury by adopting the amended Model Plan, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends the Deferred Compensation Plan for Employees of the Town of Queensbury by adopting the amended Model Plan effective August 26t1i 2011, including the optional provisions in Schedule A, in the form attached hereto as Exhibit A, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Budget Officer to sign any documentation and take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of April, 2012, by the following vote: REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 209 AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF TWO (2)UTILITY TRUCKS FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 132, 2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Town Highway Superintendent has requested Town Board approval to purchase two (2) 2001 GMC 3500 HD Utility Trucks to replace two (2) vehicles (1990 truck VIN# 1GBHC34K2LE208982 and 1991 truck VIN#1GBHK34K2ME184705) with rotted/rusted out frames and beyond repair, for use by the Town Highway Department, and WHEREAS, there are sufficient funds in the Town 2012 Budget for such proposed vehicle purchases, and WHEREAS, the Town Board wishes to waive the Town Purchasing Policy's two (2) quotes and self-imposed bidding requirement in this instance, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 210 RESOLVED, the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2) written quotes for purchases over $2,500 and the need to competitively bid for purchases over$10,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves of the Town Highway Superintendent's purchase of two (2) 2001 GMC 3500 HD Utility Trucks to replace two (2) vehicles (1990 truck VIN# 1GBHC34K2LE208982 and 1991 truck VIN#1GBHK34K2ME184705) with rotted/rusted out frames and beyond repair, in the amount of $6,526 each ($13,052 total) from Upstate Auto Sales, Inc., to be paid for from Vehicles Account No.: 004-5130-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2012 Town Budget by transferring $13,052 from Snow Removal O/T Account No.: 004-5142-1020 to Vehicles Account No.: 004-5130-2020, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the 1990 and 1991 surplus vehicle(s) and deposit any sales proceeds into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 211 Duly adopted this 16th day of April, 2012, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING CYSTIC FIBROSIS FOUNDATION"GREAT STRIDES" WALK-A-THON RESOLUTION NO.: 133, 2012 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Cystic Fibrosis Foundation has requested permission to conduct its "Great Strides"walk as follows: SPONSOR: Cystic Fibrosis Foundation EVENT: GREAT STRIDES WALK DATE: Sunday, May 6th 2012 TIME: 11:00 a.m. PLACE: Beginning and ending at West Mountain(Letter regarding location of walk attached); REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 212 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Cystic Fibrosis Foundation to conduct its Great Strides walk 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 approval may be revoked due to concern for road conditions at any time up to the date and time of the event, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 16th day of April, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF JOSEPH QUINTAL AS SEASONAL LABORER TO WORK AT TOWN CEMETERIES RESOLUTION NO.: 134,2012 REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 213 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Joseph Quintal as a Seasonal Laborer under the direct supervision of the Town's Cemetery Superintendent, such employment proposed to commence in April 2012 and to continue through November, 2012, and WHEREAS, funds for such position have been budgeted for in the 2012 Town Budget, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board approve the appointment of Town employees' relatives, and Joseph Quintal is the son of Margaret Quintal, Court Clerk, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Joseph Quintal as a Seasonal Laborer under the direct supervision of the Town Cemetery Superintendent, for paid hours totaling no more than approximately 30 weeks, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER RESOLVED, that such Seasonal Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 365,2011 and payment shall be paid from Account No.: 002-8810-1010, and BE IT FURTHER REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 214 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of April, 2012, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF ANDREW HAY AND JEREMY WARD AS SEASONAL LABORERS TO WORK AT TOWN CEMETERIES RESOLUTION NO.: 135,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Andrew Hay and Jeremy Ward as Seasonal Laborers under the direct supervision of the Town's Cemetery Superintendent, such employment proposed to commence in May, 2012 and to end in August, 2012 (or for approximately 11 weeks), and WHEREAS, funds for such positions have been budgeted for in the 2012 Town Budget, and REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 215 WHEREAS, Town Policy requires that familial relationships be disclosed and that the Town Board must approve the appointment of Town employees' relatives, and Jeremy Ward is the nephew of Eugene Ward, a Heavy Equipment Operator in the Town Highway Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Andrew Hay and Jeremy Ward as Seasonal Laborers under the direct supervision of the Town Cemetery Superintendent, for paid hours totaling no more than approximately 11 weeks, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that such Seasonal Laborers shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 365,2011 and payment shall be paid from Account No.: 002-8810-1010, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of April, 2012, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 216 RESOLUTION AUTHORIZING HIRING OF GRANT CORNELL AND MARK DEMERS AS TEMPORARY, SEASONAL LABORERS IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 136, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Highway Superintendent has requested Town Board authorization to hire two (2)temporary, seasonal Laborers to work for the Town's Highway Department, WHEREAS, funds for such positions have been budgeted for in the 2012 Town Budget, and WHEREAS, the Highway Superintendent has advised the Town Board that such temporary, seasonal Laborers are Grant Cornell and Mark Demers, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Grant Cornell and Mark Demers to work as a temporary, seasonal Laborers for the Town Highway Department commencing on or about April 30t1i, 2012 and concluding on or about November 16th, 2012, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that such temporary, seasonal Laborers shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 365,2011 to be paid from the appropriate payroll account, and REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 217 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Deputy Highway Superintendent, Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of April, 2012, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF MATTHEW VARNEY AND STEVIN O'BRIEN AS SEASONAL LABORERS IN TOWN WATER DEPARTMENT RESOLUTION NO. : 137,2012 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire two (2) Seasonal Laborers to work during the summer for the Town's Water Department, and WHEREAS, funds for such positions have been budgeted for in the 2012 Town Budget, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 218 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Matthew Varney and Stevin O'Brien as Seasonal Laborers to work during the summer for the Town Water Department commencing on or about May 21St, 2012 and ending on or about August 31St 2012, subject upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that such Seasonal Laborers shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 365,2011, 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 16th day of April, 2012, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF JAMES ROBERT SMITH AS TEMPORARY LABORER IN TOWN WATER DEPARTMENT TO PERFORM INSPECTIONS FOR SHORE COLONY WATER DISTRICT RESOLUTION NO.: 138, 2012 INTRODUCED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 219 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy Brewer WHEREAS, the Town of Queensbury's Water Superintendent has requested Town Board authorization to hire a part time Laborer to work for the summer for the Town's Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements, and WHEREAS, funds for such positions have been budgeted for in the 2012 Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of James Robert Smith as a part time Laborer to work for the summer in the Town's Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements commencing on or about May 1St, 2012, and ending on or about October 31St, 2012 BE IT FURTHER RESOLVED, that Mr. Smith shall be paid $13.00 per hour as set forth in Town Board Resolution No.: 365,2011 to be paid from the appropriate payroll account, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, 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 16th day of April, 2012, by the following vote: REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 220 AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING ADIRONDACK PARTNERSHIP MEMORANDUM OF AGREEMENT AND NAMING TOWN SUPERVISOR AS TOWN OF QUEENSBURY DESIGNEE RESOLUTION NO.: 139,2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, many organizations within the Adirondacks have identified planning resources, a regional planning structure, and a strong regional voice as a need, and WHEREAS, the Adirondack Association of Towns and Villages (AATV) through a partnership with the Adirondack North Country Association (ANCA), was successful in creating a great deal of meaningful data and information through the Adirondack Park Regional Assessment Project (APRAP), and WHEREAS, it is important that the data created gets utilized and updated, and WHEREAS, one of the first planning priorities needs to be the development of successful economic strategies for the Adirondack Park, and WHEREAS, the local governments at the grassroots level are best equipped to lead this effort, and REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 221 WHEREAS, it has been determined that such a process must include; Towns, Villages, Counties, State Agencies and other partners, and WHEREAS, the Adirondack Partnership is structured to accomplish this, and WHEREAS, through the funding of Adirondack Community Trust this can be accomplished with no cost to the partners, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town of Queensbury to enter into the Adirondack Partnership Memorandum of Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to be named as the Town's Representative to the Adirondack Partnership, sign the Adirondack Partnership Memorandum of Agreement and any other needed documentation, and take any other needed actions to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a certified copy of this Resolution to the Adirondack Association of Towns & Villages at P. O. Box 777, 28 North School Street, Mayfield, New York 12117. Duly adopted this 16th day of April, 2012, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 222 ABSENT: None RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOT IN PINE VIEW CEMETERY FROM NEIL LAVIGNE RESOLUTION NO.: 140, 2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery lot in the Pine View Cemetery to Neil Lavigne—Plot No.: 32-D, Hudson No. 1 Section, and WHEREAS, by Memorandum dated April 4t1i 2012, the Cemetery Commission has recommended re-purchase of the lot and requests approval of the re-purchase from the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re-purchase of a lot in the Pine View Cemetery from Neil Lavigne —Plot No.: 32-D, Hudson No. 1 Section, for the amount of$700, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such amount to Neil Lavigne and properly account for the sales in the Town's books and records. Duly adopted this 16th day of April, 2012, by the following vote: REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 223 AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVANCE PAYMENTS TO NORTH QUEENSBURY RESCUE SQUAD,INC. RESOLUTION NO.: 141, 2012 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, general emergency ambulance services are provided to the Town of Queensbury by the Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., in accordance with Agreements between each Rescue/Emergency Squad and the Town, and WHEREAS, the Town's Agreement with the North Queensbury Rescue Squad, Inc. (Squad) expired on December 31, 2011, and WHEREAS, in such Agreement the Town and Squad agreed that the terms and provisions of the existing agreements may continue during the interim period pending execution of a new Agreement, and WHEREAS, by Resolution No.: 54,2012, the Town Board authorized payment vouchers constituting 1/12th of the 2011 Contract Amount for January and February to the Squad under the current Agreement and by Resolution No.: 92,2012, the Town Board again authorized payment vouchers constituting 1/12th of the 2011 Contract Amount for March and April to the Squad under the current Agreement, all of which payments constituted advance payments on the new general emergency ambulance services 2012 Agreement, and REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 224 WHEREAS, the Squad and Town Board continue to negotiate a new Agreement, and WHEREAS, the Squad may face cash flow shortages before the new Agreement can be executed and therefore the Town Board wishes to again authorize advance payments under the current Agreement, which after a new Agreement is entered into, will constitute advance payments on the 2012 agreement to the Squad, such advances to be deducted from contract payments to be paid after the 2012 contract is ratified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to approve payment vouchers for 1/12th of the 2012 Contract Amount(s) during May to the North Queensbury Rescue Squad (Squad) under the current Agreement, which payments will constitute advance payments on the new general emergency ambulance services 2012 Agreement if such Agreement is entered into, with the further understanding that the Town shall also approve payment vouchers for 1/12th of the Squads' paid daytime service costs, and BE IT FURTHER, RESOLVED, that should a new emergency ambulance services 2012 Agreement not be entered into by May 31St, 2012, then the Town Board authorizes the Town Supervisor to approve additional payment vouchers constituting 1/12th of the 2011 Contract Amount to the Squad during June, 2012, again with the understanding that the Town shall also approve payment vouchers for 1/12th of the Squads' paid daytime service costs, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Budget Officer to make the necessary arrangements to make such payments which are authorized under the current Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 225 Duly adopted this 16th day of April, 2012, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS— WARRANT OF APRIL 17TH,2012 RESOLUTION NO.: 142,2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of April 12th 2012 and a payment date of April 171h, 2012, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of April 12t1i 2012 and a payment date of April 1711i, totaling $954,595.86, 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 16th day of April, 2012, by the following vote: REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 226 AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF MOWER FOR USE BY TOWN CEMETERY DEPARTMENT RESOLUTION NO.: 143, 2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy Brewer WHEREAS, the Town of Queensbury's Cemetery Superintendent and Town Cemetery Commission have advised the Town Board that a mower used by the Cemetery Department recently caught on fire and sustained major damage, and WHEREAS, in order to ensure that the Town's cemeteries will be properly groomed, prepared and maintained by Memorial Day weekend, the Cemetery Superintendent and Town Cemetery Commission have requested Town Board approval to immediately purchase a new mower, and WHEREAS, the Town Cemetery Superintendent acquired three (3) bids for the purchase of a new mower, and WHEREAS, the Town Cemetery Commission has offered to fund such purchase, and WHEREAS, the Town Board hereby determines that such purchase is an emergency procurement needed to best serve the Town's residents and such purchase should be made as soon as possible in order for the Town's cemeteries to be ready by Memorial Day weekend, REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 227 NOW, THEREFORE, BE IT RESOLVED, due to the emergency nature of the above-described procurement, the Queensbury Town Board hereby approves of the Town Cemetery Superintendent and Cemetery Commission's purchase of a mower in an amount not to exceed $13,000 from Moores Corners, Inc., and BE IT FURTHER, RESOLVED, that the Town Board hereby accepts payment in an amount up to $13,000 from the Town Cemetery Commission to fund such purchase, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2012 Town Budget by: • Increase Appropriation—Misc. Equipment — 002-8810-2001 by $13,000; • Increase Revenue—Misc. Revenue— 002-0000-52770 by $13,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Cemetery Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of April, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 228 3.0 PRIVILEGE OF THE FLOOR(LIMIT 4 MINUTES) RONALD BALL- Owns property near the water tower on West Mountain Road. He is here tonight representing the residents in the immediate area of the water tower that signed a petition. He stated that there are approximately forty signatures on the petition. (This petition was not submitted to Town Board or the Clerk to be filed in the Town Clerk's Office). Mr. Ball spoke of concerns of erosion on that property, erosion that he said started when the water tower was built in 1963. Asked Supervisor Stec at a previous meeting if there was some way they could lower the water table on the tank for the safety of the people that live nearby because we are coming into our rainy season. Wants the Army Corp of engineers to go in there and look at the water tower to see if it is safe. Does not think a cell phone tower in back of the water tower should even be discussed because it is on only four and a half acres. His concern is that if trees are taken down and a cell phone tower is placed on that property it will only create more erosion against that water tower. COUNCILMAN STROUGH- We had our engineers look at it. JOHN SALVADOR- • Spoke regarding the water tower and asked the Board if a periodic report will be made available to the public on the progress of this project. Concerned that the Town is in a conflict situation, not only is the Town the owner of the property and going to be a benefactor of the project, but the Town is issuing the permits for it. SUPERVISOR STEC-Explained that this is a matter that is appropriately in front of the Town's Planning Board and there is a process to be followed, we have professional staff not only on board here but professional staff that we contract with that are competent, they are reviewing this, they are honest. They are going to make sure that we do the right things. I have the upmost confidence in our Water Department's capabilities and professionalism and the consultants that the Town Water Department and the Planning staff hire. The periodic updates that are being requested would be best brought forth by the Planning Board. COUNCILMAN STROUGH- The engineering report when completed would be available to the public. COUNCILMAN BREWER- Do have anybody looking at the existing tower to make sure it is safe? SUPERVISOR STEC-We do • Mr. Salvador asked the Board for an update on EMS service to the Town of Fort Ann. COUNCILMAN METIVIER- There is nothing yet, we still haven't met with North Queensbury. • Questioned the Board on the status of the community storm water program, inspection of the Town Highways in North Queensbury with regard to storm water SUPERVISOR STEC- I believe that work is underway now. I don't have anything to report tonight. REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 229 • Noticed a wet paint sign on the railing in front of the building, what is the plan? SUPERVISOR STEC- Chuck Rice and his staff are out there getting our housekeeping in order. MR. SALVADOR- Asked how much time before the Town's anniversary celebration? SUPERVISOR STEC-May 20th on Quaker Road and on August 25th it will be in front of the Town. MR. SALVADOR- Something has to be done with regards to the walls of this building. The blocks can be patched COUNCILMAN MONTESI- They have been. The one that was falling apart in the front has been patched and matched the paint pretty good. 4.0 CORRESPONDENCE DEPUTY TOWN CLERK, MELLON- • Supervisor's report for Community Development-Building and Codes for the month of March is on file in the Town Clerk's Office • The following letter was read into the record: April 9, 2012 TO: TOWN BOARD FROM: DANIEL G. STEC, TOWN SUPERVISOR RE: APPOINTMENT I, Daniel G. Stec, do hereby make the following appointment for the position of Deputy Town Supervisor commencing on April 9, 2012 and expiring on December 31, 2012: Councilman Ronald Montesi Respectfully, Daniel G. Stec Town Supervisor Town of Queensbury 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER- • Just a reminder that last year a law was passed in Queensbury that follows a law in the State that you cannot apply any fertilizers within fifty feet of any lake front. Received a few calls over the weekend about some companies around the lake applying fertilizers and pesticides. These companies are required to put signs up. I called the Town and they went up there to check it out. It is going to be difficult to enforce but if you do see people applying fertilizers within fifty feet REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 230 of any lakefront know that it is illegal to do so and they should be reported. Also, between fifty and two hundred feet you can apply fertilizers but they cannot contain phosphorus. If you do see somebody doing this you can always call the Town Building and Codes Department and they will go up and check it out. Signs are going to installed going into Assembly Point and Cleverdale that reminds people that you cannot apply fertilizer within fifty feet of the lake shore. We want to do the same for Pilot Knob but we need permission from the County before we put any signs of their roads. In the meantime, education is probably best. There are some people interested in handing out fliers as an informational piece, so we may pursue that avenue as well. • There is still a burn ban in effect and it is very dry so please do not burn in your yards. COUNCILMAN MONTESI- • Reviewed the most recent Supervisor's report for Building and Codes. • The Highway Department did a good job with their purchase of their last two trucks. They spent a lot of time looking at these used trucks and saved the Town quite a bit of money. COUNCILMAN STROUGH- • Thanked the Highway Department for the effort their going to do in helping the Town celebrate its 250th Anniversary. They are going to be placing the pole banners along Quaker Road. • With regards to the upcoming 250th Anniversary celebration of the Town, a brochure has been developed that promotes not only the 250th Anniversary but it also promotes Queensbury as a Town, the quality of life, our history, which we are very proud of These brochures will be available at Town Hall for anyone who is interested. Our first public event for the 250th Anniversary is going to be at the corner of Quaker Road and Bay Road, atop the Quaker Cemetery on May 20th • Thanked New York's Heritage weekend, they have these fliers that they are putting out helping Queensbury celebrate its heritage. It announces that the Founders Day of May 20, 2012 because it was May 20th, 1762 that the patent was officially signed and we came into existence. Mr. Stec and the Board Members will all be there and the public is invited and we hope to make it a grand event. • Reminder: Memorial Day is coming up. Memorial Day is to memorialize those who have sacrificed in protecting our liberties and protecting our Country. It's a holiday, it's a day off but a lot of times people forget why we have that holiday; it's important to realize why we have it. • Spoke regarding Queensbury Senior Citizens. If you are fifty-five or older and interested in joining, please call 761-8224. COUNCILMAN BREWER-Nothing to report SUPERVISOR STEC- • We are excited about our 250th Anniversary coming up. I appreciate all of the work that Dr. Marilyn VanDyke and her team have put in, in particular Councilman Strough. REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 231 • Thanked Councilman Strough and Councilman Brewer with all their work on the West Glens Falls Emergency Squad contract. • Thanked all of the volunteers, the Town of Queensbury is blessed with a couple of hundred volunteers that give of their time. Volunteers spend countless hours training just to be trained to be eligible to serve. It's like taking on a job, the amount of hours that they have to train to become a firefighter or a rescue squad person. For the most part they don't get any compensation other than when they retire they may have a small length of service package that the State has authorized towns to offer. In the case of the rescue squads there is a mechanism for paid staffing now, which I think is making it a reality these days. It is now the exception to the rule for rescue squads to not have a paid staff component. Again, paid staffing makes the response times reasonable and of course time is success in the area of fire and EMS. So, I think that has been a good move. They are very professional organizations on the scene, they are very good at what they do and we are lucky to have them. They are well funded, we strive not to overfund but we certainly want to make sure that they have all the tools to make their job successful and I think that we've accomplished that. Money aside and contract bickering aside, we do appreciate the work that they do for us. • Wished everyone a happy summer, it's here. • Asked Bruce Ostrander, Water Superintendent to come up to the microphone and inform the public on the water tower. Is our water tank system safe, do we actually maintain these tanks? BRUCE OSTRANDER, WATER SUPERINTENDENT-We do have a maintenance program that is ongoing, always has been. Each year we visually look at all our tanks not just that one. Every other year we go to the top of the tanks, open the hatches and do a visual, and then every ten years we take them down and we have someone come in, we hire someone else to come in and generally they will assess the coating that's in the tank, which is the most important part of keeping the integrity of the tank, and also check the integrity of the tank. Those tanks will be due, that one and the South Queensbury tank. For this to come down we cannot take the water levels down in the tanks at this time of year because the demand goes up and that's when you need storage. So, either this fall or next fall that tank will be taken down and we will take a look at that. But, there is nothing up there that would indicate to us that there is any problem with that tank. That ring wall, concrete ring wall that goes around that tank, that's five and a half feet into the ground, there is no indication that it has moved at all anywhere. The road that Mr. Ball talks about that went up, was put up for easier access and that zigzags to go up so we can get to it. Yes, it's on a steep slope but most places put elevated storage tanks so you can have pressure. It's normal to have them on a side of a hill or a mountain. COUNCILMAN MONTESI- You also paint within that ten year cycle too SUPERINTENDENT OSTRANDER- Oh, they are coated like I said. That keeps them safe from the types of things, you know the mechanical failures. It's more common if a tank does fail, and they are infrequent, they're not that frequent, but when they do it's more frequent because in the winter you will get an ice lens in the tank, and that ice lens will attach to the wall. On top of the tank there's an overflow and what happens when that ice attaches to the wall it makes a seal. If you get a large demand at that period of time it will draw down and create a vacuum and actually collapse the sides of the tank. We've always had an ongoing, REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 232 we've been aware of this for years, we've always had and ongoing program to make sure, and the way to prevent this is to vary the levels in the tanks during the course of the day. One of the easiest ways to do that is to set your drives so that your flows go at the average demand of your system for the day. So, during the day the flow, the level in the tank will go down and at night it will fill back up. That prevents that ice from adhering to the sides. It keeps it like and ice cube moving up and down to prevent that type of thing from happening. We do not want, obviously, anything to happen to our tanks, as I'm sure you don't. If we thought that was a problem we would act on it immediately. SUPERVISOR STEC-Now if I could, all right so if I can try to put words in your mouth or get to the heart of the question, do you have any reason to, or aware of any deficiency on that tank that would give you any cause for alarm? SUPERINTENDENT OSTRANDER-No SUPERVISOR STEC- Okay, now in the context though, we are asking the Planning Board and others are looking at the site, and again this is all Planning Board business, but this is why I'm going to do this once and one time only and then the Town Board is not going to discuss it again. The Planning Board is going to pick this up, but since questions were raised on camera, we'll answer them on camera. You've engaged C.T. Male from your perspective to do a review of the site? SUPERINTENDENT OSTRANDER- They are assessing if the proposed future tank can co-exist with the proposed Verizon cell tower. SUPERVISOR STEC- Okay, have they completed that analysis? SUPERINTENDENT OSTRANDER-No, they have not SUPERVISOR STEC- Okay, but they are in the process? SUPERINTENDENT OSTRANDER- Yes SUPERVISOR STEC- Okay COUNCILMAN STROUGH- I also want to verify that I have shared Mr. Ball's concerns with you all along SUPERINTENDENT OSTRANDER- Yes SUPERVISOR STEC-Bruce, certainly if anything that will be a public document when it's finished right? It will be part of the Planning Board record, but it's a public document, they paid for it SUPERINTENDENT OSTRANDER- Yes SUPERVISOR STEC- So, we've got nothing to hide, when the reports done it will be available SUPERINTENDENT OSTRANDER-No, like I said we're interested in public safety. We're not trying to hide that. We don't want anything to happen. COUNCILMAN MONTESI- Bruce, you guys run a pretty professional operation and I guess one of the things that now the Town Board has all, we've all been up on the mountain looking at this tank and we saw that erosion and we've decided that that shouldn't be part of the Town of Queensbury so we're going to be doing, fixing that and hydro seeding it. REGULAR TOWN BOARD MEETING 04-16-2012 MTG#9 233 SUPERINTENDENT OSTRANDER- That's correct and I'm not so sure, that's no erosion, I believe when that road, and this is going back before my time, when that road was constructed I think they pulled some of that bank out so I don't think that really has changed significantly since that time period and I think that was in the early nineties. COUNCILMAN MONTESI- So, we're going to try to address it SUPERINTENDENT OSTRANDER- And we're going to clear that up yes SUPERVISOR STEC- All right, good, all right well that ought to do it. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 144, 2012 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 16th day of April, 2012, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None Respectfully Submitted, Darleen M. Doughier Town Clerk Town of Queensbury