Loading...
2012-06-04 Mtg 12 REGULAR TOWN BOARD METING 06-04-212 MTG #12 271 REGULAR TOWN BOARD MEETING MTG. # 12 June 4, 2012 RES. 166-179 7:00 PM BOH 10-11 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER- ABSENT COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI SUPERVISOR STEC OPENED MEETING 1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 166, 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 moves into the Queensbury Board of Health. Duly adopted this 4th day of June, 2012 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier QUEENSBURY BOARD OF HEALTH COUNCILMAN STROUGH- I'll move it and I just want to make, I think it's a correction SUPERVISOR STEC- Okay, moved by Councilman Strough with a correction. I'll second it and I know what John's correction is, go ahead John COUNCILMAN STROUGH- Yea, they're talking about a port-a-potty use in the resolution in the second whereas, "Diane Matthews has applied to Local Board of Health for a variance from chapter 136, 136-35, to allow temporary placement of a toilet facility (Porta-John) which is prohibited for permanent use by Town 136-35, on property located at 18 Cedar Point on Lake George in the Town of Queensbury. I believe that is Grey Ledges Drive. 18 Cedar Point is the permanent address of Ms. Matthews. SUPERVISOR STEC- Okay REGULAR TOWN BOARD METING 06-04-212 MTG #12 272 COUNCILMAN STROUGH- So I believe they meant on Grey Ledges Drive SUPERVISOR STEC- We can certainly maybe add that to the whereas, put in parenthesis after 18 Cedar Point property on Grey Ledges Drive and that way we are at least a little more clear where the property is. As John just pointed out, this is for a Porta-John located up there on Lake George for marina use, and I checked with Dave Hatin because it's the first time I can recall seeing this variance request of the Town Board of Health and apparently the Lake George Park Commission has recently decided that they want marinas or marina uses to have some sort of bathroom facility provision. Our code of course does not allow Porta-Johns, except for during temporary construction activity, which this is not, so this would promulgate the need for this variance request. I am going to ask our Town Counsel to be present for this public hearing in two weeks, which will be on June 18th at 7 o'clock here in the Activities Center, because I imagine there may be some discussion or questions about this because this is something that's a little different for the Town. All right, so that will be two weeks from tonight. Any other discussion? Let's go ahead and vote. RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DIANE MATTHEWS RESOLUTION NO.: BOH 10,2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Diane Matthews has applied to the Local Board of Health for a variance from Chapter 136, §136-35, to allow the temporary placement of a toilet facility (Porta-John) which is prohibited for permanent use by Town §136-35, on property located at 18 Cedar Point (Grey Ledges Drive) on Lake George 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 Monday, June 18th 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay REGULAR TOWN BOARD METING 06-04-212 MTG #12 273 Road, Queensbury, to consider Diane Matthews' sewage disposal variance application concerning property located at 18 Cedar Point (Grey Ledges Drive) on Lake George in the Town of Queensbury and bearing Tax Map No.: 239.16-1-2 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. Duly adopted this 4th day of June, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 11, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back in regular session. Duly adopted this 4th day of June, 2012 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Montesi NOES: None ABSENT: Mr. Metivier REGULAR TOWN BOARD MEETING 2.0 RESOLUTIONS REGULAR TOWN BOARD METING 06-04-212 MTG #12 274 RESOLUTION AUTHORIZING RENEWAL OF AGREEMENT WITH EMERGENCY MANAGEMENT RESOURCES, LLC FOR PROCESSING OF BILLING AND COLLECTION OF EMERGENCY SERVICES RESOLUTION NO.: 167,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 179,2008, the Queensbury Town Board authorized engagement of Emergency Management Resources, LLC (EMR) for provision of the billing and collection of emergency services, and WHEREAS, by Resolution No.: 250,2010, the Town Board authorized a renewal of the Agreement with EMR for 24 additional months by execution of a Memorandum of Understanding, and WHEREAS, the Town Purchasing Agent and Budget Officer have recommended that the Town Board renew its services with EMR for a one year period— from July 1St, 2012 —June 30t1i 2013, and the Town Board concurs with such recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a one year renewal of its current Agreement with Emergency Management Resources, LLC (EMR) for provision of the billing and collection of emergency services from July 1St, 2012 —June 30t1i 2013, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Memorandum of Understanding or Agreement with EMR for such services in form acceptable to the Town Supervisor, Purchasing Agent, Budget Officer and/or Town Counsel, and REGULAR TOWN BOARD METING 06-04-212 MTG #12 275 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Budget Officer and/or Town Counsel to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of June, 2012 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING HIRING OF SCOTT ROWLAND AS HEAVY EQUIPMENT OPERATOR(HEO) FOR CEMETERY DEPARTMENT RESOLUTION NO.: 168, 2012 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 184,2011, the Queensbury Town Board authorized and directed the hiring of Scott Jarvis as Heavy Equipment Operator (HEO) to fill a vacancy in the Town Cemetery Department, and WHEREAS, the Town's Chapter of the Civil Service Employees Association (CSEA) pursued a grievance and by Decision of February 4t1i 2012, it was determined by the Arbitrator that Scott Rowland should have been offered the promotion, and REGULAR TOWN BOARD METING 06-04-212 MTG #12 276 WHEREAS, the parties were unable to effectuate the Arbitrator's Decision because Scott Rowland suffered a non-work related injury that prevented his appointment to the position, and WHEREAS, on May 25th, 2012, Scott Rowland advised the Town that he was able to return to work and desired to be placed in the HEO position in the Cemetery Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Cemetery Superintendent to hire Scott Rowland as a full-time Heavy Equipment Operator(HEO) effective on or about June 5t1i 2012, contingent upon Mr. Rowland passing his pre-employment physical and the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that consistent with the current CSEA Contract, such promotion will be subject to a 90 day trial period, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs that Mr. Rowland be paid the hourly rate of pay listed for his new position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that upon Scott Rowland's assumption of his new duties, the Town Budget Officer is authorized and directed to review and audit payroll records to determine any wages Scott Rowland would have earned had he been appointed to the position of HEO on May 17th, 2011 and to pay any wages which might be determined to be due to Scott Rowland consistent with the Arbitrator's determination, and REGULAR TOWN BOARD METING 06-04-212 MTG #12 277 BE IT FURTHER, RESOLVED, that the Town Board hereby 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 4th day of June, 2012 by the following vote: AYES: Mr. Stec, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING HIRING OF SCOTT JARVIS AS MOTOR EQUIPMENT OPERATOR (MEO) FOR HIGHWAY DEPARTMENT RESOLUTION NO.: 169, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 184,2011, Scott Jarvis was promoted to the position of Heavy Equipment Operator(HEO) in the Town Cemetery Department, and WHEREAS, Scott Jarvis met the contingencies of his appointment and assumed the duties of such position, and REGULAR TOWN BOARD METING 06-04-212 MTG #12 278 WHEREAS, the Town's Chapter of the Civil Service Employees Association (CSEA) challenged the appointment and by Decision of February 411i 2012, the Town was required to place Scott Rowland in the position instead of Mr. Jarvis, and WHEREAS, Scott Rowland suffered a non-work related injury on or about February 22"d 2012, which prevented the Town from effectuating the Arbitrator's determination, and WHEREAS, Scott Jarvis remained in the position in the Cemetery Department, enabling that Department to function until the position transfers could be made, and WHEREAS, Scott Rowland has now been cleared to return to work and has expressed his desire to be placed in the Cemetery Department, NOW, THEREFORE, BE IT RESOLVED, that upon Scott Rowland assuming the duties of Heavy Equipment Operator (HEO) in the Cemetery Department, Scott Jarvis shall be reassigned to the position of Motor Equipment Operator(MEO) in the Highway Department, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that Mr. Jarvis be paid the hourly rate of pay listed for his position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that the Town Board thanks Mr. Jarvis for his service to the Cemetery Department and commends him for continuing to serve in that Department when Mr. Rowland was unable to work, and REGULAR TOWN BOARD METING 06-04-212 MTG #12 279 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent, 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 4th day of June, 2012 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING ACCEPTANCE OF$1,000 DONATION FROM COMMUNITY EXCHANGE FOUNDATION FOR TOWN RECREATION DEPARTMENT'S Q-CLUB SUMMER YOUTH PROGRAM RESOLUTION NO.: 170,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, The Community Exchange Foundation has offered to donate $1000 to the Town of Queensbury Recreation Department's 2012 Q-Club Summer Youth Program, and 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 REGULAR TOWN BOARD METING 06-04-212 MTG #12 280 RESOLVED, that the Queensbury Town Board hereby approves and accepts the donation of$1,000 from The Community Exchange Foundation for the Town Recreation Department's 2012 Q-Club Summer Youth Program, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to increase the Recreation Programs Expense Account No.: 001-7110-4824 by $1,000 and the Gifts and Donations Revenue Account No.: 001-0000-52705 by $1,000, 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 Community Exchange Foundation with a letter from the Town thanking The Foundation for its generosity. Duly adopted this 4th day of June, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING INCREASE IN GURNEY LANE RECREATION AREA IMPROVEMENT PROJECT#157 AND WITHDRAWAL FROM CAPITAL RESERVE FUND #61 RESOLUTION NO.: 171, 2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD METING 06-04-212 MTG #12 281 SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Reserve Fund No. 61 for future capital projects, and WHEREAS, the Town Board wishes to withdraw and expend moneys from such reserve account in the amount of $15,000 for specific capital improvements and certain maintenance projects for the Gurney Lane Recreation Area as set forth in the Town Recreation Commission's May 24t1i 2012 Memorandum presented at this meeting and as follows: • New picnic tables $ 1,500 • Front doors replaced $ 5,500 • Additional windows& doors replaced $ 3,000 • Diving board replacement $ 3,000 • Stonescaping(replacing existing stone wall) $ 2,000 TOTAL: $15,000 and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Fund #61 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the capital improvements listed in the preambles of this Resolution at the Gurney Lane Recreation Area and authorizes expenditures in the total amount of$15,000 for such work, and BE IT FURTHER, REGULAR TOWN BOARD METING 06-04-212 MTG #12 282 RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of $15,000 to fund such Project, such funds to be placed into the Recreation Area Improvement Project Fund#157 and the Town Board further directs that in the event there are funds remaining in such Fund #157 after completion of the Project or in the event that the Project is not undertaken, the moneys in Fund#157 shall be returned to the Recreation Reserve, and BE IT FURTHER, RESOLVED, that the Town Board hereby increases appropriations in Expense Account No.'s: 157-7110-2899 — Capital Construction and 001-9950-9030-0061 - Transfer to Capital Project in the amount of $15,000 and estimated revenues in Account No.: 157-0000-55031 in the amount of$15,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the Gurney Lane Recreation Area Improvement Project is an expenditure for a specific capital project and items of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks & Recreation Director and/or Town Budget Officer 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. Duly adopted this 4th day of June, 2012 by the following vote: REGULAR TOWN BOARD METING 06-04-212 MTG #12 283 AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Montesi NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING FREEDOM PARK RECREATION AREA IMPROVEMENT PROJECT#190 AND WITHDRAWAL FROM CAPITAL RESERVE FUND #61 RESOLUTION NO.: 172, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Reserve Fund No. 61 for future capital projects, and WHEREAS, the Town Board wishes to withdraw and expend moneys from such reserve account in the amount of$16,000 for specific capital improvements and certain items of equipment for the Freedom Park Recreation Area as set forth in the Town Recreation Commission's May 2411' 2012 Memorandum presented at this meeting and as follows: • New safety surfacing $12,000 • Play equipment repair or replacement $ 4,000 TOTAL: $16,000 and REGULAR TOWN BOARD METING 06-04-212 MTG #12 284 WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Fund #64 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the recreation project known as the Freedom Park Recreation Area Improvement Project and authorizes expenditures in the total amount of$16,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the establishment of a separate capital project fund for such Project — Freedom Park Recreation Area Project Fund #190, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of $16,000 to fund such Project, such funds to be placed into the Recreation Area Improvement Project Fund#190 to be established in accordance with this Resolution and the Town Board further directs that in the event there are funds remaining in such Fund#190 after completion of the Project or in the event that the Project is not undertaken, the moneys in Fund #190 shall be returned to the Recreation Reserve, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations in Expense Account No.'s: 190-7110-2899 — Capital Construction and 001-9950-9030-0061 - Transfer to Capital Project in the amount of $16,000 and estimated revenues in Account No.: 190-0000- 55031 in the amount of$16,000, and BE IT FURTHER, REGULAR TOWN BOARD METING 06-04-212 MTG #12 285 RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the Freedom Park Recreation Area Improvement Project is an expenditure for a specific capital project and items of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks & Recreation Director and/or Town Budget Officer 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. Duly adopted this 4th day of June, 2012 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING THE ARTHRITIS FOUNDATION OF NORTHEASTERN NY'S "JINGLE BELL 5K RUN/WALK" RESOLUTION NO.: 173, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD METING 06-04-212 MTG #12 286 SECONDED BY: Mr. John Strough WHEREAS, The Arthritis Foundation of Northeastern NY has requested permission to conduct its"Jingle Bell 5k Run/Walk" as follows: SPONSOR: The Arthritis Foundation of Northeastern NY EVENT: Jingle Bell 5k Run/Walk DATE: Saturday, July 21St, 2012 TIME: Approximately 7:00 a.m. PLACE: Beginning and ending at The Bavarian Palace (Letter regarding location of walk attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from The Arthritis Foundation of Northeastern NY to conduct its Jingle Bell 5k Run/Walk within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board 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, REGULAR TOWN BOARD METING 06-04-212 MTG #12 287 RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 4th day of June, 2012, by the following vote: AYES: Mr. Stec, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING HIRING OF SEASONAL EMPLOYEES TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO.: 174, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury's Department of Parks and Recreation has requested Town Board authorization to hire MacKenzie Baertschi, Celia Brown, Eileen Goralski, Michael McNally, Mackenzie Perkett, Samantha Ramsey and Arinne Stiller to work part-time for the Department on a seasonal basis, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives and: • MacKenzie Baertschi is the cousin of Recreation Program Supervisor, Jennifer Baertschi; • Celia Brown is the daughter of Code Compliance Officer/Zoning Administrator, Craig Brown; • Eileen Goralski is the daughter of Judy Goralski, Recreation Commission Member; REGULAR TOWN BOARD METING 06-04-212 MTG #12 288 • Michael McNally is the son of Town Justice, Robert McNally; • Mackenzie Perkett is the niece of Town Councilman, Anthony Metivier; • Samantha Ramsey is the daughter of Parks and Recreation Secretary, Simone Ramsey; and • Arinne Stiller is the daughter of Executive Assistant to the Town Supervisor, Leesa Stiller; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of the above-named employees to work for the Town's Department of Parks and Recreation on a part- time, seasonal basis effective on or about June 5t1i 2012, to be paid at the appropriate hourly wage approved for seasonal recreation positions and subject to the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of June, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SYMPHONY ORCHESTRA, INC. RESOLUTION NO.: 175,2012 INTRODUCED BY: Mr. Tim Brewer REGULAR TOWN BOARD METING 06-04-212 MTG #12 289 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury has received a request for $9,000 in occupancy tax funding from the Glens Falls Symphony Orchestra, Inc., (Symphony) regarding sponsorship of its Fourth of July Community Concert at Crandall Park to be held on July 4th, 2012, and WHEREAS, the Symphony helps to promote the cultural development of the community, attracts many persons to the Glens Falls and Queensbury area and provides an economic boon to the community, and WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Glens Falls Symphony Orchestra, Inc., substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of$9,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, REGULAR TOWN BOARD METING 06-04-212 MTG #12 290 RESOLVED, that the Town Board authorizes and directs the Town Budget to amend the 2012 Town Budget and/or take any actions needed to provide for such payment, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County, and BE IT FURTHER, RESOLVED, that should the Glens Falls Symphony Orchestra, Inc., cancel such July 4th concert and fireworks for any reason (i.e., due to inclement weather), then the Town of Queensbury will not provide the $9,000 in funding as authorized by this Resolution and coinciding Agreement. Duly adopted this 4th day of June, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier "DISCUSSION HELD BEFORE VOTE: COUNCILMAN BREWER- I would like to add a whereas somewhere in the contract or the agreement that if they cancel for whatever reason we don't have to pay for it. SUPERVISOR STEC- Yes, if we could add a resolve to that and what I'll do is make a note. If you see Pam before I do tomorrow just let her know we want to amend the agreement to say if the event doesn't happen then we don't pay. DEPUTY TOWN CLERK MELLON- Okay COUNCILMAN BREWER-Right, for whatever reason if it rains or whatever and they don't have the concert SUPERVISOR STEC- But it was brought to my attention last week and I think this was true last year as well Maury, although I don't recall, I don't think the Town necessarily helped out last year, REGULAR TOWN BOARD METING 06-04-212 MTG #12 291 but I think they had some with the July 4th concert and fireworks event at Crandall Park that they had some shifting around of their typical sponsors. They lost I think a major sponsor last year, the Glens Falls Symphony puts on that event so the cost involved is the fireworks and the musicians. I think they are trying to reorganize and find some more long term private sponsors, but they did reach out to the Town and ask if we could help them out this year, close their funding gap, their funding gap was $9,000. This will come from occupancy tax; we do have occupancy tax funds that we can apply to this. I told Suzanna Bernd, who I think is the Vice President of the Glens Falls Symphony Orchestra that I spoke with about this, that we would be happy to help this year but we also kind of made it clear that we're not sure that we want to be expected to support it at this level every year. We are happy to help out this year but we encourage them to continue with their game plan to try to generate other funding. Not to say that we wouldn't continue to fund it at some level in the future, but in the interest of telling the whole story, the current gap for this year, and July 4th will be here before we know it, was $9,000, and I go to this event almost every year and I can tell you that there's people from both Queensbury and Glens Falls and frankly all over the area that come to that concert and firework show. That firework show is a very good firework show and I think in the interest of being supportive and also I kind of rationalized it in my mind, our two hundred and fiftieth anniversary we wanted to make sure there were no hiccups. The Town does not do our own July 4th thing so we kind of have been piggy backing on this event with our neighbor. So, for those reasons we're going to support this funding level for this. Every year the Symphony does a great job not only with the music but also with the fireworks and it is a nice community event. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GREATER GLENS FALLS SENIOR CITIZENS, INC. RESOLUTION NO.: 176, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to provide social and recreational activities and programs to Town of Queensbury senior citizens and therefore wishes to contract with the Greater Glens Falls Senior Citizens, Inc. for senior citizen recreational and social activities and programs, and WHEREAS, a proposed Agreement between the Town and the Greater Glens Falls Senior Citizens, Inc. has been presented at this meeting, and WHEREAS, this Agreement is permitted and authorized by New York State General Municipal Law §95A, REGULAR TOWN BOARD METING 06-04-212 MTG #12 292 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Greater Glens Falls Senior Citizens, Inc., for the year 2012 with funding for the Agreement not exceeding the sum of$1,000 to be paid for from Senior Citizens Contracts Account #001-7620-4413, and authorizes and directs the Town Supervisor to execute the Agreement, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the 2012 Town Budget by transferring $1,000 from Contingency Account #001-1990-4400 to Senior Citizens Contracts Account #001-7620-4413 and take any actions needed to effectuate the terms of this Resolution. Duly adopted this 4th day of June, 2012, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Montesi NOES: None ABSENT: Mr. Metivier RESOLUTION TO AMEND 2012 BUDGET RESOLUTION NO.: 177,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD METING 06-04-212 MTG #12 293 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 $ Use of 050-0000-0909 Fund Balance 050-6410-4412 Occupancy 22,811.00 Increase Revenue 001-0000- Insurance 52680 Claim 11,785.36 Increase Appropriation 001-3410-4110 Vehicle Repair 11,785.36 Increase Revenue 050-0000- 53889 State Aid 3,461.00 Increase Appropriation Use of 050-6410-4412 Occupancy 3,461.00 Duly adopted this 4th day of June, 2012, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Montesi, Mr. Strough NOES: None ABSENT : Mr. Metivier RESOLUTION APPROVING AUDIT OF BILLS— REGULAR TOWN BOARD METING 06-04-212 MTG #12 294 WARRANT OF JUNE 5TH,2012 RESOLUTION NO.: 178, 2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of May 31St, 2012 and a payment date of June 5th 2012, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of May 31St, 2012 and a payment date of June 5t1i totaling $355,184.09, 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. Duly adopted this 4th day of June, 2012, by the following vote: AYES: Mr. Stec, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: Mr. Metivier 3.0 PRIVILEGE OF THE FLOOR(LIMIT 4 MINUTES) REGULAR TOWN BOARD METING 06-04-212 MTG #12 295 RONALD BALL- Spoke to the Board regarding the proposed cell phone tower off West Mountain Road near Leland Estates and fire dangers associated with cell towers in general. Also concerned about the access road to the proposed tower. JOHN SALVADOR- Questioned who drafted the August 21St contract the Town of Queensbury entered into with Cellco Partnership DBA Verizon Wireless and who on behalf of the Town has been assigned to administer the said contract? Also spoke regarding a use variance with regards to the cell phone tower. 4.0 CORRESPONDENCE- NONE 5.0 TOWN BOARD DISCUSSION COUNCILMAN MONTESI-Nothing to report COUNCILMAN STROUGH- • Received a lot of positive feedback regarding the Memorial Day Parade. Thanked the Board for their support, the Parade wouldn't happen without them. Thanked Jack Diamond and the City Council as well as the other Memorial Day Parade Coordinators, and the Glens Falls VFW and the Queensbury American Legion. Keynote speaker, Jim Hunt did a fantastic job. • Thanked the Mayor of Glens Falls and City Council Members for the use of the eagle for the Town's 250th anniversary. • Spoke regarding the Queensbury Parks & Recreation flyer for the summer of 2012, amazed at the number of activities available to adults and children. • Worked with some students during Student Give Back Day was last Thursday at the Warren County Historical Society and at Hovey Pond. Commented on how hard they worked and how proud he is of the young people today. Thanked Christina Orr, the Queensbury High School Principal, as well as Doug Huntley and the Board for supporting this cause. • The Queensbury Senior Citizens put out a monthly flyer with a variety of events available to anyone 55 years or older. If interested in becoming a member please call 761-8224, you do not need to be a Queensbury resident to join. COUNCILMAN BREWER- Commented on the 250 year anniversary signs around Queensbury, they look great. SUPERVISOR STEC- • In addition to the Memorial Day Parade and our Remembrance Ceremony, it was well attended and both Queensbury and Glens Falls did a great job putting it together. • Very pleased with how the Town looked for Memorial Day, the parks and cemeteries looked great. Thanks to Mike Genier, Cemetery Superintendent, and his crew for a great job. With regards to the eagle, the County has volunteered to lend us a piece of equipment to help move it into our entry way for the August 25th ceremony. • Announced that the Town's MS4 Stormwater Report for the period ending March 9, 2012 is complete and is available for review on both the Town's website and in the Town Clerk's Office. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 179, 2012 INTRODUCED BY: Mr. John Strough REGULAR TOWN BOARD METING 06-04-212 MTG #12 296 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 4th day of June, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier Respectfully Submitted, Darleen M. Doughier Town Clerk Town of Queensbury