2012-07-02 Mtg 15 Regular Town Board Meeting MTG#15 07-02-2012 325
REGULAR TOWN BOARD MTG #15
JULY 2, 2012 RES. 193-205
7:00 P.M.
BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN COUNSEL
ROBERT HAFNER
TOWN OFFICIALS
DIRECTOR OF WASTEWATER, MIKE SHAW
SUPERINTENDENT OF CEMETERIES, MIKE GENIER
PRESS
POST STAR
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH
1.0 RESOLUTIONS
RESOLUTION AUTHORIZING ADVANCE PAYMENTS TO
NORTH QUEENSBURY RESCUE SQUAD, INC.
RESOLUTION NO.: 193,2012
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
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; by Resolution No.: 92,2012, the Town Board again authorized payment vouchers constituting
1/12th of the 2011 Contract Amount for March and April; and by Resolution No.: 141,2012, the Town
Regular Town Board Meeting MTG#15 07-02-2012 326
Board again authorized payment vouchers constituting 1/12th of the 2011 Contract Amount for May and June,
all of which payments constituted advance payments on the new general emergency ambulance services 2012
Agreement,and
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 July 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 July 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 August, 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.
Duly adopted this 2nd day of July,2012,by the following vote:
AYES : Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec
NOES : None
ABSENT: None
RESOLUTION RESCINDING RESOLUTION NO.: 540, 1988
CONCERNING PRESERVATION OF TAPE RECORDINGS
RESOLUTION NO.: 194,2012
Regular Town Board Meeting MTG#15 07-02-2012 327
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
WHEREAS, by Resolution No.: 540,1988, the Queensbury Town Board authorized a policy with
respect to the length of time that tapes of recordings of public meetings and hearings will be retained,and
WHEREAS, the Town Clerk has advised the Town Board that all public meetings and hearings are
now recorded and retained digitalty, and therefore, Resolution No. 540, 1988 is obsolete and should be
rescinded,
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbun-Town Board hereby rescinds Resolution No.: 540,1988, and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or
Town Clerk to take any steps necessary to effectuate the terms of this Resolution.
Duly adopted this 2nd day of Jul`,2012,by the following vote:
AYES : Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING AMENDMENT OF SCOPE OF CAPITAL
PROJECT FUND #188 AND AWARD OF BID TO A. J. CATALFAMO
CONSTRUCTION FOR PURCHASE OF MATERIALS AND CONCRETE
REPAIRS OF TOWN OFFICE BUILDINGS
RESOLUTION NO. 195,2012
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 309,2011, the Town Board authorized and established the Town
Hall Roof Repairs Capital Project Fund#188, which established funding for expenses associated with the
purchase of materials and repair of the Queensbun-Town Hall Roof(Project),
WHEREAS, during the time of such roof repairs, it became apparent that the Town Office
Buildings are in need of concrete repairs, i.e.,to the exterior wall bricks, and
Regular Town Board Meeting MTG#15 07-02-2012 328
WHEREAS, such needed repairs are time sensitive due to planned events related to the Town's
Sestercentennial, and
WHEREAS,the Town's Facilities Manager attempted to obtain three (3)written quotes for the
needed concrete repairs, but was able to only obtain one, and
WHEREAS,the Town Board wishes to waive the Town Purchasing Policy's two (2) quotes, 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
RESOLVED, that for the reasons outlined above, in these circumstances 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, 00 and the need to competitively bid for purchases over $10,000,
and
BE IT FURTHER-
RESOLVED, that the Town Board further amends the scope of the Town Hall Roof Repairs
Capital Project Fund 4188, provide for $17,000 for expenses associated with the purchase of concrete
materials and concrete repairs of the Queensbury Town Office Buildings,and
BE IT FURTHER-
RESOLVED, that the Town Board hereby authorizes and accepts the quotation from A.J.
Catalfamo Construction to perform such repairs for an amount not to exceed$17,000,and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to take
all action necessary to amend accounts for such appropriations and revenues as necessary, and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
to amend the 2012 Town Budget, make any adjustments, budget amendments, transfers or prepare
any documentation necessary to establish such appropriations and estimated revenues and effectuate
Regular Town Board Meeting MTG#15 07-02-2012 329
all terms of this Resolution, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing
Agent,Facilities Manager and/or Budget Officer to take such other and further actions as may be necessary to
effectuate the terms of this Resolution.
Duly adopted this 2nd day of Jul`, 2012, by the following vote:
AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES None
ABSENT: None
RESOLUTION AUTHORIZING INSTALLATION OF
STREET LIGHTS ON BIG BOOM ROAD
RESOLUTION NO.: 196,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS, due to public safety concerns, the Queensbur-y Town Board wishes to arrange for
placement of five(5)street lights on Big Boom Road in the Town of Queensbur-y,and
WHEREAS, such lights are located outside the boundaries of any Town of Queensbun� Lighting
District,
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby approves installation of five (5)high pressure
sodium lamps on Big Boom Road in the Town of Queensbur-y, on National Grid Pole #'s: 19A, 26, 17'/2,
14'/2,and 14,and
BE IT FURTHER
RESOLVED, that the Town Board authorizes and directs that annual charges the lights (which
outside of an`v Town Lighting District) shall be billed from General Fund Account No.: 001-5182-4305 or
such Account to be determined bv the Town Budget Officer,and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to
make all necessary installation arrangements with National Grid Power Corporation and the Town Supervisor
and/or Town Budget Officer to take any other action necessai-v to effectuate the terms of this Resolution.
Regular Town Board Meeting MTG#15 07-02-2012 330
Duly adopted this 2nd day of July,2012,by the following vote:
AYES Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF STEPHEN BONAN AND
JAMES GREER AS PART-TIME, SEASONAL LABORERS
TO WORK AT TOWN CEMETERIES
RESOLUTION NO. :197,2012
INTRODUCED BY Mr.John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY : Mr. Tim Brewer
WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Stephen
Bonan and James Greer as Part-Time, Seasonal Laborers under the direct supervision of the Town's
Cemetery Superintendent, such employment proposed to commence on or about July 3rd, 2012 and to end on
or about in August,2012,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 Stephen
Bonan and James Greer as Part-Time, Seasonal Laborers under the direct supervision of the Town Cemetery
Superintendent subject to the Town successfully completing background checks as reasonably necessary to
judge fitness for the duties for which hired, with total combined hours worked not to exceed 285 hours,
and
BE IT FURTHER
RESOLVED,that such Seasonal Laborers shall be paid $10.00 per hour as set forth in Town Board
Resolution No.: 36 ,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 2nd day of July,2012,by the following vote:
AYES : Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer
NOES : None
ABSENT: None
Regular Town Board Meeting MTG#15 07-02-2012 331
RESOLUTION AUTHORIZING PROMOTION OF SCOTT RIVERS FROM
LABORER TO WATER METER SERVICE WORKER
RESOLUTION NO. 198,2012
INTRODUCED BY: Mr.John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS,the Town of Queensbury's Water Superintendent has advised that there is a promotion
available in the Water Meter Service Worker position at the Water Department and such position was posted
in accordance with the agreement between the Town and CSEA (Collective Bargaining Agreement) and
interviews were conducted,and
WHEREAS, Scott Rivers is currently a Laborer in the Water Department and applied for a
promotion and is eligible for promotion,and
WHEREAS, the Water Superintendent has recommended the promotion of Scott Rivers from
Laborer to Water Meter Service Worker and the Town Board wishes to authorize the requested promotion,
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes and directs the promotion of Scott
Rivers from Laborer to Water Meter Service Worker at the Town Water Department effective on or about
July 3rd, 2012 on a provisional basis until such time as Mr. Rivers meets all Civil Service requirements for the
position including Mr. Rivers placing successfully on the Civil Service Exam for such position, at the rate of
pay specified in the Collective Bargaining Agreement for the position for the year 2012,and
BE IT FURTHER-
RESOLVED,that the position is subject to a ninety(90) day trial period as set forth in the Collective
Bargaining Agreement,and
BE IT FURTHER-
RESOLVED,that this appointment is contingent upon: 1) a ninety (90) day trial period as set forth
in the Collective Bargaining Agreement; 2) drug and/or alcohol screening and a pre-employment physical as
required by Town Policy and/or as deemed necessary by Department Head; and 3) background checks as
reasonably necessary to judge fitness for the duties for which hired; and
BE IT FURTHER
Regular Town Board Meeting MTG#15 07-02-2012 332
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water
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 2nd day of Jul`,2012 by the following vote:
AYES : Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ESTABLISHMENT OF CAPITAL
PROJECT FUND #191 AND AWARD OF BID FOR 1) PURCHASE OF
MATERIALS FOR FILTER #4 REBUILD AND 2) PURCHASE AND
DELIVERY OF APPROXIMATELY 1,500 CUBIC FEET OF MEDIA FOR
FILTER #4 AT TOWN WATER DEPARTMENT
RESOLUTION NO. 199,2012
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury's Water Department Civil Engineer requested that the Town
Board authorize two (2)advertisements for bids for the Town Water Department as follows: 1)the purchase
of materials for the Filter 44 rebuild; and 2)the purchase and delivery of approximately 1,500 cubic feet of
media for Filter 44; as set forth in bid documents and specifications on file with the Civil Engineer and/or
Town 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.: 160,2012, 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
opened and reviewed on June 12th,2012,and
WHEREAS, regarding the bid for the purchase of materials for the Filter#4 rebuild, 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 $189,500, and
Regular Town Board Meeting MTG#15 07-02-2012 333
WHEREAS, regarding the bid for the purchase and delivery of approximately 1,500 cubic
feet of media for Filter#4, the Purchasing Agent, the Water Superintendent and Civil Engineer
have recommended that the Town Board award the bid to the lowest, responsible bidder, CEI,
for an amount not to exceed $14,500, 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 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,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbun- Town Board hereby authorizes and directs the establishment
of the "Rehabilitation for Filter 44 Capital Project Fund 4191," which Fund will establish funding for
expenses associated with the purchase of materials and labor associated with the installation of the
rehabilitation for the Filter 44 rebuild and the purchase and deliver, of approximately 1, 00 cubic feet of
media for Filter 44 at the Town Water Department,and
BE IT FURTHER-
RESOLVED,that the Queensbur-Town Board hereby accepts and awards the bid for the purchase
of materials for the rehabilitation for Filter 44,from the only,and therefore lowest,responsible bidder, Infilco
Degremont, Inc.,for an amount not to exceed$189, 00, and
BE IT FURTHER-
RESOLVED,that the Queensbur-Town Board hereby accepts and awards the bid for the purchase
and deliver, of approximately 1, 00 cubic feet of media for Filter 44, from the lowest, responsible bidder,
CEI,for an amount not to exceed$14, 00,and
BE IT FURTHER
Regular Town Board Meeting MTG#15 07-02-2012 334
RESOLVED, that the Town Board further authorizes expenses up to the amount of$60,000.00
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 $13,200.00 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 the Water Department's Fund Balance, and
BE IT FURTHER
RESOLVED, that the Town Board hereby establishes initial appropriations and estimated
revenues for Capital Project Fund 4191 in the amount of$277,200.00, 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
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
to amend the 2012 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.
Duly adopted this 2 nd day of July, 2012, by the following vote:
Regular Town Board Meeting MTG#15 07-02-2012 335
AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES None
ABSENT:None
RESOLUTION AUTHORIZING PURCHASE OF INSURANCE
FROM TRIDENT/ARGONAUT
RESOLUTION NO.: 200,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
WHEREAS, by Resolution No.: 213 ,2011,the Queensbury Town Board authorized engagement of
Marshall & Sterling Upstate, Inc., to obtain insurance coverage for the Town of Queensbury from
Trident/Argonaut effective Jul` 1St,2011 —June 30th,2012,and
WHEREAS, the Town Board wishes to authorize obtaining insurance coverage with
Trident/Argonaut effective Jul` 1St,2012—June 30th,2013,in accordance with Marshall and Sterling Upstate,
Inc.'s June 18th,2012 proposal presented at this meeting,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbun- Town Board hereby authorizes and directs the Town Budget
Officer and Marshall&Sterling Upstate,Inc.,to obtain insurance coverage for the Town of Queensbury from
Trident/Argonaut effective Jul` 1St, 2012—June 30th, 2013 in accordance with Marshall and Sterling Upstate,
Inc.'s June 18th,2012 proposal presented at this meeting, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
any agreements and any other documentation, and the Town Supervisor, Town Counsel and/or Town Budget
Officer to take any actions necessary to effectuate the terms of this Resolution.
Duly adopted this 2nd day of Jul`,2012,by the following vote:
AYES : Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi
Regular Town Board Meeting MTG#15 07-02-2012 336
NOES : None
ABSENT:None
RESOLUTION APPROVING AUDITS OF BILLS -
WARRANTS OF JUNE 22ND AND JULY 3RD, 2012
RESOLUTION NO.: 2012012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as
Warrants with run dates of June 22nd,2012 and June 28th, 2012 and payment dates of June 22nd,2012 and July
3rd,2012,
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby approves the Warrants with run dates of June
22nd, 2012 and June 28th, 2012 and payment dates of June 22nd and July 3rd, 2012 totaling $16,240.93 and
$43,023.68, respectively, 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 2nd day of July,2012,by the following vote:
AYES Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough
NOES :None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF ENVIRONMENTAL
CAPITAL LLC TO PROVIDE FINANCIAL ADVISORY SERVICES IN
CONNECTION WITH TOWN'S PROPOSED REFUNDING OF CUSIP
BOND #748250 ISSUED ON DECEMBER 15, 2003
Regular Town Board Meeting MTG#15 07-02-2012 337
RESOLUTION NO.: 202,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to engage the services of Environmental Capital
LLC to provide financial advisory services in connection with the Town's proposed refunding of its bond:
CUSIP 474820, issued on December lath, 2003 in the amount of$2,880,333, and
WHEREAS, Environmental Capital LLC has offered to render these services for the amount of
$8, 00 contingent upon the successful completion of the financing, plus customary reimbursable expenses,
and
WHEREAS, the Town Budget Officer recommends engagement of Environmental Capital LLC to
provide these services,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Environmental
Capital LLC to provide financial advisory services in connection with the Town's proposed refunding of its
bond: CUSIP 474820, issued on December lath, 2003 in the amount of$2,880,333, for an amount not to
exceed$8, 00,and
BE IT FURTHER
RESOLVED, that the payment for the financial advisory services shall be paid at or after the loan
closing and shall be charged to the appropriate account as a cost of debt issuance,and
BE IT FURTHER
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the
2012 Town Budget and/or take any actions necessary to provide for payment of such services,and
Regular Town Board Meeting MTG#15 07-02-2012 338
BE IT FURTHER
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to execute the
proposal, Agreement and/or any other needed documentation and take any action necessary to effectuate the
terms of this Resolution,and
BE IT FURTHER
Duly adopted this 2nd day of Jul`,2012 by the following vote:
AYES : Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $1,975,000
AGGREGATE PRINCIPAL AMOUNT REFUNDING BONDS OF THE
TOWN OF QUEENSBURY TO REFUND SERIAL BONDS ISSUED TO
PAY A PORTION OF THE COST OF THE ACQUISITION,
CONSTRUCTION, AND INSTALLATION OF WATER TRANSMISSION
SYSTEM IMPROVEMENTS WITHIN THE QUEENSBURY
CONSOLIDATED AND SHORE COLONY WATER DISTRICTS
RESOLUTION NO. 203, 2012
INTRODUCED BY: Mr Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, on December 15, 2003, the Town of Queensbury (the "Town") issued its
Public Improvement (Serial) Bonds, 2003 (Queensbury Consolidated and Shore Colony Water
Districts Project), in the aggregate principal amount of$2,880,333 (the "Bonds") to finance the
acquisition, construction, and installation of water transmission system improvements within the
Queensbury Consolidated and Shore Colony Water Districts (the "Project"); and
WHEREAS, the Bonds were duly offered for sale and sold to Roosevelt and Cross, Inc.
as Purchaser and Cede & Co. as registered owner with an issuance date of December 15,
2003; and
WHEREAS, the outstanding principal amount of the Bonds which mature on or after
September 1, 2013 may be redeemed in whole at any time and in part on any interest payment
date, at a redemption price of 101% of the principal amount to be redeemed plus accrued and
Regular Town Board Meeting MTG#15 07-02-2012 339
unpaid interest to the redemption date if redeemed on either September 1, 2012 or March 1,
2013; and
WHEREAS, the Town of Queensbury has been informed by Environmental Capital, LLC
that refinancing can result in a significant savings to the Town, which they estimate at
approximately $130,000, contingent upon the exact interest rates obtained at the time of sale of
the refunding bonds; and
WHEREAS, the Town of Queensbury hereby wishes to engage Environmental Capital,
LLC as its fiscal advisor for this refunding project for a fee of$8,500;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS:
Section 1. The specific object or purpose for which the obligations authorized by this
Resolution are to be issued is to refund the $1,850,000 outstanding principal amount of Town of
Queensbury Public Improvement (Serial) Bonds, 2003 (Queensbury Consolidated and Shore
Colony Water Districts Project), originally issued on December 15, 2003 in the aggregate
principal amount of$2,880,333 (the "Bonds") to finance the acquisition, construction and
installation of improvements within the Queensbury Consolidated and Shore Colony Water
Districts (the "Project"), together with the 1% early redemption premium and the costs and
expenses incidental to issuance of the refunding bonds; and such refunding is hereby
authorized in the maximum amount of One Million Nine Hundred Seventy-Five Thousand and
00/100 Dollars ($1,975,000) (the "Refunding").
Section 2. The maturity dates, interest rates and principal amounts of the Bonds to be
refunded are as follows:
MATURITY INTEREST PRINCIPAL
DATE RATE AMOUNT
9/1/2013 4.000% 135,000.00
9/1/2014 4.000% 140,000.00
9/1/2015 4.000% 150,000.00
9/1/2016 4.000% 155,000.00
Regular Town Board Meeting MTG#15 07-02-2012 340
9/1/2017 4.000% 160,000.00
9/1/2018 4.000% 165,000.00
9/1/2019 4.000% 170,000.00
9/1/2020 4.125% 180,000.00
9/1/2021 4.125% 190,000.00
9/1/2022 4.125% 200,000.00
9/1/2023 4.250% 205,000.00
TOTAL $1,850,000.00
Section 3. The plan for the financing of such maximum estimated refunding cost is by
the issuance of up to $1,975,000 in refunding bonds of the Town on behalf of such Districts (the
"Refunding Bonds"), hereby authorized to be issued pursuant to the Local Finance Law. The
Refunding Bonds will bear interest at a rate lower than that borne by the Bonds to be refunded.
The net present value of the total debt service savings anticipated, computed in accordance
with Local Finance Law Section 90.10(b)(2)(a), is estimated to be $132,890.91.
Section 4. Pursuant to Local Finance Law Section 90.00(g)(1), no down payment from
current funds is required.
Section 5. The period of probable usefulness of the specific object or purpose permitted
by law at the time of the issuance of the Bonds is forty (40) years, pursuant to Subdivision 4 of
paragraph (a) of Section 11 of the Local Finance Law. It is hereby determined that the
Refunding Bonds shall mature not later than such maximum period of probable usefulness
computed from the date of issuance of the Bonds or from the date at issuance of any prior Bond
Anticipation Notes which may have been issued. It is hereby further determined that the
maximum maturity of the Refunding Bonds herein authorized will exceed five (5) years.
Pursuant to Local Finance Law Section 90.00(g)(2), the authorization of the issuance of
refunding bonds is not subject to mandatory or permissive referendum.
Section 6. The faith and credit of the Town of Queensbury, Warren County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as they become due and payable. An annual appropriation shall be made in each
year sufficient to pay the principal of and interest on such obligations becoming due and
payable in such years. There shall annually be levied on all the taxable real property of the
Regular Town Board Meeting MTG#15 07-02-2012 341
District a fee sufficient to pay the principal of and interest on such obligations as they become
due and payable.
Section 7. For the purpose of refunding the Bonds, including the 1% early
redemption premium and related preliminary and incidental costs, there are hereby authorized
to be issued Refunding Bonds of the Town up to a maximum amount of$1,975,000, the
maximum maturity of which shall not exceed the remainder of the 40 year period of probable
usefulness as set forth above, and which shall mature on or before the date of the expiration of
the period of probable usefulness as measured from the date of the Bonds or the date of any
prior Bond Anticipation Notes that may have been issued previously.
Section 8. The Town Board hereby determines that they shall choose to use a
substantially level or declining annual debt service schedule for such Refunding bonds as
permitted in Local Finance Law Section 90.00(b-1). The proposed maturities of the Refunding
Bonds are as follows:
MATURITY INTEREST PRINCIPAL
DATE RATE AMOUNT
9/1/2012 0.600% $25,000.00
9/1/2013 0.600% $165,000.00
9/1/2014 0.800% $165,000.00
9/1/2015 1.000% $170,000.00
9/1/2016 1.250% $170,000.00
9/1/2017 1.500% $170,000.00
9/1/2018 1.750% $175,000.00
9/1/2019 2.000% $175,000.00
9/1/2020 2.200% $180,000.00
9/1/2021 2.400% $190,000.00
9/1/2022 2.550% $195,000.00
9/1/2023 2.700% $195,000.00
TOTAL $1,975,000.00
Regular Town Board Meeting MTG#15 07-02-2012 342
Section 9. Subject to the terms and conditions of this Resolution and of the Local
Finance Law, and pursuant to the provisions of Sections 50.00 and 56.00 to 60.00, and 90.00
inclusive, of the Local Finance Law, the power to prescribe the terms, form and contents of the
Refunding Bonds and the power to sell and deliver the Refunding Bonds is hereby delegated to
the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby
authorized to sign any Refunding Bonds by manual signature, and the Town Clerk is hereby
authorized to affix or impress or imprint a facsimile of the seal of the Town to any of the
Refunding Bonds and to attest such seal by manual signature. The Town Supervisor, as Chief
Fiscal Officer of the Town, is authorized to execute and deliver any documents and to take such
other action as may be necessary and proper to carry out the intent of the provisions of this
Resolution.
Section 10. The exact date of issuance of the Refunding Bonds and the exact date(s)
upon which they shall become due and payable shall be fixed and determined by the Chief
Fiscal Officer.
Section 11. The Chief Fiscal Officer shall prepare the Refunding Bonds and sell them in
accordance with the provisions of the Local Finance Law including, but not limited to, the
provisions of Section 169.00, if applicable, and at such sale shall determine the interest rate(s)
to be borne by such refunding bonds.
Section 12. The Chief Fiscal Officer shall deliver the Refunding Bonds to the purchaser
only against a certified check or other immediately available funds. The proceeds of the sale of
the Refunding Bonds shall be deposited and/or invested as required by Section 165.00 of the
Local Finance Law, and the power to invest the proceeds of sale is hereby delegated to the
Chief Fiscal Officer and the power to invest in any instruments described in Section 165.00 is
expressly granted.
Section 13. To the extent that it is permitted to do so under the Internal Revenue Code
of 1986, as amended (the "Code"), the Town hereby designates the Refunding Bonds as
"qualified tax-exempt obligations" under Section 265(b)(3) of the Code. The Town hereby
covenants that it will (i) take all actions on its part necessary to cause interest on the Refunding
Bonds to be excluded from gross income for purposes of Federal income taxes and (ii) refrain
from taking any action which would cause interest on the Refunding Bonds to be included in
gross income for purposes of Federal income taxes.
Regular Town Board Meeting MTG#15 07-02-2012 343
Section 14. The Town of Queensbury is a town partially within the Adirondack Park.
However, State lands within the Town's boundaries are assessed at less than thirty percent
(30%) of the total assessed valuation of the Town so permission of the State Comptroller to
issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3).
Section 15. Miller, Mannix, Schachner& Hafner, LLC, Glens Falls, New York, is hereby
designated bond counsel.
Section 16. The validity of these Refunding Bonds may be contested only if:
(1) These obligations are authorized for an object or purpose for which the Town is not
authorized to expend money, or
(2) The provisions of law which should be complied with at the date of publication of this
Resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty (20) days after the date of such
publication, or
(3) Such obligations are authorized in violation of the provisions of the State
Constitution.
Section 17. The full text of this Resolution or a summary thereof shall be published in
the Post Star, which has been designated as the official newspaper of the Town, together with a
notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
Section 18. The Town of Queensbury hereby engages Environmental Capital, LLC as
its fiscal advisor for this refunding project for a fee of$8,500.
Section 19. This Resolution shall take effect immediately.
Section 20. The question of the adoption of this Resolution was duly put to a vote on
roll call which resulted as follows:
AYES: NAYS: ABSENT:
ROLL CALL
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
Regular Town Board Meeting MTG#15 07-02-2012 344
NAYS: None
ABSENT: None
The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full
membership of the Town Board.
DATED: July 2, 2012
RESOLUTION AUTHORIZING AMENDMENT #1 TO WASTEWATER
TREATMENT AGREEMENT BETWEEN THE CITY OF GLENS FALLS
AND THE TOWN OF QUEENSBURY DATED APRIL 1, 2002
RESOLUTION NO.:204,2012
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
WHEREAS, the City of Glens Falls (City) owns a Publicly Owned Treatment Works Treatment
Plant for the treatment of wastewater and the Town of Queensbun� (Town) discharges wastewater to the
POTW in accordance with a Wastewater Treatment Agreement previously authorized by Town Board
Resolution No.: 168,2002,and
WHEREAS, by Resolution No.: 97,2010, the Queensbun- Town Board (Town) approved of the
Amendment 41 to Wastewater Treatment Agreement Between the City of Glens Falls and the Town of
Queensbun,Dated April 1,2002,and
WHEREAS, the City of Glens Falls (City) also approved such Amendment 41 but subsequently
rescinded its approval due to certain concerns,and
WHEREAS,the Town and City have continued to negotiate and are now close to agreement in terms
for an Amendment#1 to such Agreement,and
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Amendment 41 to
Wastewater Treatment Agreement Between the Citv of Glens Falls and the Town of Queensbun� Dated April
1,2002, substantially in the form presented at this meeting,and
Regular Town Board Meeting MTG#15 07-02-2012 345
BE IT FURTHER
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the
Wastewater Treatment Agreement and the Town Supervisor, Town Counsel and Town Wastewater Director
to take such other and further action necessary to effectuate the terms of this Resolution and to agree to
reasonable modifications as the Town Supervisor deems appropriate.
Duly adopted this 2nd day of Jul`,2012,by the following vote:
AYES : Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec
NOES : None
ABSENT : None
2.0 PRIVILEGE OF THE FLOOR
RON BALL, QUEENSBURY-Presented pictures to the board regarding different cell tower fires
noted his concern regarding this with the recent approval of the cell tower on West Mountain
Road. Asked the board to take another serious look at this it might be a big problem in the
future you have no way for a fire truck to get up to the cell tower.
COUNCILMAN MONTESI-Questioned if Mr. Ball owns property on West Mountain Road that he
leases a cell tower from?
MR. BALL-No, I don't own it.
MR. BALL-Questioned the size of the cell tower it is only forty one feet it should be fifty feet
they should have had a variance for that.
COUNCILMAN STROUGH-Where we are going to disagree is the approach you are taking John
Salvador and I have spoken about this as well. It is publicly owned property the watershed
where the water storage facility is it is in a residential zone they did get a use variance, which
allows a cell tower to be on that public property that is really the only variance I felt they
needed to get in terms of meeting the law. The law also says that cell towers can collocate on
properties in the Town if there is already a fifty foot structure or higher structure or another
telecommunication tower.
MR. BALL-Once this pole gets there then they could put another one there?
COUNCILMAN STROUGH-They would have to get a variance.
MR. BALL-Thought they were saying they could put another cell tower up.
MR. STROUGH-They can collocate.
JOHN SALVADOR-Spoke to the board regarding Mr. Ball property being looked at as a potential
site for this cell tower noting his property does not qualify it is in a residential zone and he does
not have the ability to collocate and a cell tower is expressly prohibited in a residential zone.
The only reason you are able to sight it where you are trying to is because of the presence of a
structure on the site, which is supposed to be fifty feet high.
COUNCILMAN MONTESI-It is Town owned.
Regular Town Board Meeting MTG#15 07-02-2012 346
MR. SALVADOR-The problem is the structure does not meet the code it is not fifty feet high
they need a variance from that aspect.
SUPERVISOR STEC-Questioned if Mr. Salvador spoke to Craig Brown today regarding this matter
and if Mr. Brown disagreed with what was said.
MR. SALVADOR-Yes. Spoke to the board regarding the Appellate Division issuing a decision
with regard to the issue of local government jurisdiction on Navigable Waterways. Spoke
regarding the many issues on Lake George regarding this decision. Our zoning code does not
match with what the court decision says we have to amend our zoning ordinance accordingly
the sooner the better.
SUPERVISOR STEC-Believes counsel is familiar with this issue and is going to advise the Town in
the near future.
CORRESPONDENCE
NONE
4.0 TOWN BOARD DISCUSSIONS
COUNCILMAN BREWER
• NONE
COUNCILMAN STROUGH
• Spoke regarding the 2501h Anniversary of the Town of Queensbury. The Committee has
put together a sixty some odd collage of pictures of the Town of Queensbury in various
stages of development over the last 250 years. We have two hundred copies it is for
sale $20.00 a copy and if you want it framed it is $150.00. We have it hanging in the
Town Hall opposite the Queensbury Patent as you go through the main entrance.
COUNCILMAN MONTESI
• Warren County Soil and Water one of the members of the Board Tim Costello from
Hague donated a bunch of trees for habitat renewal along Halfway Brook they have
been planted.
• The separator that we installed on the property across the street from Price Chopper on
the parking lot of Enterprise we have done some vacuuming we took 27 inches of slit out
of there in less than a year.
• DEC we need to file an MS Report for the year again Soil and Water helped us in that
endeavor we have filed that report.
COUNCILMAN METIVIER
NONE
SUPERVISOR STEC
• Wished everyone a Happy Fourth of July.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
Regular Town Board Meeting MTG#15 07-02-2012 347
RESOLUTION NO. 205, 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 2nd day of July, 2012, by the following vote:
AYES: Mr. Strough, Mr. Brewer, MR. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT-None
Respectfully Submitted,
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY