2012-12-17 Mtg 30 REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 1
REGULAR TOWN BOARD MEETING MTG#30
DECEMBER 17TH, 2012 RES#385-395
7:00 P.M.
BOARD MEMBER PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN COUNSEL
ROBERT HAFNER
PRESS
LOOK TV, POST STAR
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER
SUPERVISOR STEC-Opened meeting.
1.0 PUBLIC HEARING—ON SEWAGE DISPOSAL VARIANCE APPLICATION OF
DAVID WILCOX AND VICTORIA ZELDIN
PUBLICATION DATE: DECEMBER 7, 2012
SUPERVISOR STEC-We had scheduled a Board of Health Meeting to entertain a public hearing
on a Sewage Disposal Variance Application of David Wilcox and Victoria Zeldin today the
applicant's contacted Dave Hatin via email and asked to withdraw their variance application for
consideration so we do not need to go into the Board of Health.
2.0 PUBLIC HEARINGS
PUBLIC HEARING—BAY RIDGE VOLUNTEER FIRE COMPANY, INC.'S
PROPOSAL TO PURCHASE TRUCK AND AUTHORIZING INCURRENCE OF TAX-
FREE FINANCING/DEBT FOR SUCH PURCHASE
PUBLICATION DATE: NOVEMBER 30, 2012
SUPERVISOR STEC-We had set this public hearing a little over I think it was five weeks ago in
order to make sure that they had adequate time to make sure that we met all notice requirements
for the purpose of the tax free financing. As, I explained before there is an advantage to the fire
companies and rescue squads that take advantage of tax exempt financing when they buy things
like apparatus, ambulances, fire trucks and whatnot. Certainly it is a financial advantage to them
it is also a financial advantage to the Town taxpayer who covers the majority of their operating
costs. That does require a public hearing and certain notice so that was the purpose of setting the
public hearing. In addition to that not necessarily requiring a public hearing, but certainly Town
Board resolution anytime any of the Town's fire companies or rescue squads ask to take on new
debt they need to get permission via Town Board resolution from the Town. Tonight's public
hearing will entertain any comment for the purpose of the tax exempt financing and on the
purchase. They are looking to purchase a new 2013 Rosenbauer Rescue Apparatus it is
consistent with the Town's commissioned 2009 Fire Study commissioned by the MMA
Consulting Group. The purchase price is not to exceed a hundred and fifty six thousand dollars.
It is already in the company's five year capital plan and the funds to cover the financing is
already part of their budget so they are not asking for an increase in any of their budget. In fact
they have a relatively flat three year contract that is in place already we are appreciative of them
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 2
keeping their funding level with the Town consistent or fairly consistent going forward. One of
the whereas talks about the fire company's replaced apparatus it will be replaced the proceeds
from their sale once they acquire the new piece of apparatus and its gotten its shake down it is
either going to go against the principal of the new truck or towards other fire company debt. In
other words whatever debt makes the most sense or has the highest interest rate. Their financing
plan is that they are going to put twenty six thousand down from fire company funds then they
are going to finance approximately a hundred and thirty thousand dollars maximum having a ten
year term with a financial institution.
COUNCILMAN MONTESI-It was fund raising.
SUPERVISOR STEC-That twenty six thousand yeah it was from their fund raising proceeds.
With that said, I will open this public hearing if there are any members of the public that would
like to comment I will just call on you one at a time. Any discussion from the Town Board, I
will close the public hearing?
PUBLIC HEARING OPENED
NO PUBLIC COMMENT
PUBLIC HEARING CLOSED
RESOLUTION APPROVING BAY RIDGE VOLUNTEER FIRE COMPANY,
INC.'S PROPOSAL TO PURCHASE TRUCK AND AUTHORIZING
INCURRENCE OF TAX-FREE FINANCING/DEBT
FOR SUCH PURCHASE
RESOLUTION NO.:385,2012
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
WHEREAS, the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc. (Fire
Company)have entered into an Agreement for fire protection services,which Agreement sets forth a number
of terms and conditions including a condition that the Fire Company will not purchase or enter into any
binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any
improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a
,'vehicles fund"without prior approval of the Queensbury Town Board,and
WHEREAS, the Fire Company advised the Town Board that it wishes to purchase a new 2013
Rosenbauer Rescue Apparatus(Truck)to replace one of its current apparatus, as previously recommended
by the 2009 Fire Study Report issued for the Town by MMA Consulting Group, Inc., for the approximate
purchase price not to exceed $156,000, such purchase already included in the Fire Company's five (5)
year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles,
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 3
equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic
purposes, and
WHEREAS, the Fire Company hopes to take advantage of a pre-pay discount which would lower
the amount due and amount borrowed,and
WHEREAS, proceeds from the sales of the Fire Company's replaced apparatus would be placed
either: 1)against the principal of the new,proposed Truck;and/or 2)toward other Fire Company debt; and
WHEREAS, once the new Truck is placed into service, the Fire Company will remove the replaced
apparatus from service and sell it, and will sell it after all potential warranty/service issues are resolved with
the new Truck,and
WHEREAS,the Fire Company plans on paying for the proposed,new Truck as follows:
1. $26,000 down payment from the Fire Company fundraising proceeds;
2. Approximately$130,000 maximum amount of tax-exempt financing (having a 10 year term)
with a financial institution;
and
WHEREAS, the Town Board wishes to set a public hearing concerning the Fire Company's
proposed purchase, as Town Board approval of such proposed purchase is required by the Fire Company's
Agreement with the Town, and such proposed tax-exempt financing requires a public hearing under the
Internal Revenue Code,and
WHEREAS,the Truck will be owned and used by the Fire Company to provide fire protection to the
Town and maintained at its firehouse located at 1080 Bay Road in the Town of Queensbury,New York,and
WHEREAS, on Monday, December 17"', 2012,the Town Board held a public hearing concerning
the Fire Company's proposal and tax-exempt financing as required by the Fire Company's Agreement
with the Town and the Internal Revenue Code, and heard all interested persons, and
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 4
WHEREAS, the Town Board believes that this new Truck will provide additional safety protection
for the Town while eliminating an aging apparatus from the Fire Company's fleet and wishes to abide by the
recommendations of MMA Consulting Group,Inc.,and
WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Truck
purchase and the Fire Company's corresponding incurrence of tax-exempt debt,
NOW,THEREFORE,BE IT
RESOLVED,that the Queensbury Town Board hereby approves of the Bay Ridge Volunteer Fire
Company, Inc.'s proposal to purchase a new 2013 Rosenbauer Rescue Apparatus(Truck)to replace one of
its current apparatus as set forth in the preambles of this Resolution for an amount not to exceed $156,000,
such purchase already included in the Fire Company's five (5) year capital plan that forecasts future
capital needs and expenditures, including anticipated vehicles, equipment,tools, other apparatus, facilities
or improvements to facilities to be used for firematic purposes, and
BE IT FURTHER,
RESOLVED, that the Town Board further approves of the Fire Company's incurrence of
approximately $130,000 maximum amount in debt for such purchase with the understanding that the Town
Board is relying upon the Fire Company's assurance that the Truck is serviceable and suitable for its long-
term intended use,and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial
institution on behalf of the Fire Company nor does the Town Board create or intend to create any
assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or
Town Budget Officer to take any action necessary to effectuate all terms of this Resolution.
Duly adopted this 17"'day of December,2012 by the following vote:
AYES : Mr.Metivier,Mr.Montesi,Mr. Strough,Mr.Brewer,Mr. Stec
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 5
NOES : None
ABSENT: None
PUBLIC HEARING—FIRE PROTECTION SERVICE AGREEMNT BETWEEN TOWN
OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.
FOR 2013-2015
PUBLICATION DATE: DECEMBER 7,2012
SUPERVISOR STEC-We set this public hearing two weeks ago the Town is current through the
end of the year with all of the fire companies. Actually with this public hearing and execution of
this contract all five fire companies will be in multi-year contracts with the Town some of them
good through 2014 a couple of them including West Glens Falls would be good through 2015. I
feel good that part of my turnover here at the end of the year does not include delinquent or
expiring fire company contracts. All the fire company contracts that we have done to date have
been in the post text tax cap era that we are living in now. I am pleased to say that all of the fire
companies have negotiated contracts with the Town that are consistent and mindful of the tax
cap including the one that we have in front of us tonight. West Glens Falls has proposed
increasing their contract from 2012 to 2013 by two percent, which would bring the total for 2013
to five hundred and fifty eight thousand eight hundred and seventy nine dollars, then for 2014 an
additional two percent to five hundred and seventy thousand fifty seven dollars, then for 2015 an
additional two percent for a total of five hundred and eighty one thousand four hundred fifty
eight dollars. So three years two percent a year, which is exactly what we have in mind for tax
cap. Like, I said some of the other companies weren't exactly two percent some were a little
under in some years and a little over in other years, but by and large all five fire companies have
come in right around that two percent per year average. I certainly appreciate efforts of all the
fire companies and tonight the purpose of our exercise here tonight in this public hearing is for
West Glens Falls Fire Company. It is a three year contract so they did communicate to us we
have shared with them that we understand at some time later on in this contract they are going to
likely want to come in and talk to us about apparatus replacement of one specific vehicle. Again
their financing plan in their budgeting factors that are in so they should be able to make that
work. Again just put that on the public record the board already knows this, but put it on the
record so that the company knows that we are aware of that we appreciate them working with the
Town on this. With that said I will open the public hearing if there are any members of the
public that would like to comment on this public hearing, any discussion by board members?
PUBLIC HEARING OPENED
NO PUBLIC COMMENT
COUNCILMAN BREWER-I would just like to thank them they did a good job and hardly any
discussion at all. I think they knew what we needed or we needed to have done and they did it I
commend them for it.
SUPERVISOR STEC-I, too would like to say thank you. I know there are actually members of
both Bay Ridge here from the previous public hearing, but then also I see the Chief and
Treasurer for West here and a couple of the leadership from West as well. Thank you very much
for not only working with us on the financial end, which is a large part of our charge, but we also
need you to know that we recognize and appreciate that the flip side of that coin is in addition to
dealing with us and worrying about the money, which we want you too that you are also the ones
that are doing the work, volunteering the time, going out there putting yourself in harm's way to
protect us and our property here in Town. I will have a little more to say on my recap later, but
since we have the fire companies here tonight not to belabor the point too much, but the public in
Queensbury and the surrounding communities need to know just how professional our five fire
companies and three rescue squads are they are all excellent on the scene. Anyone of them roll
up to your house where your love ones are in need of care or your property is in need of attention
from an emergency standpoint they know what they are doing they are professionals. They don't
get paid to do this work so they are not paid professionals, but they are volunteer professionals.
They know their stuff I would like to think the Town does a good job giving them the equipment
that they need to do their job. I also understand that more always makes its easier, but the Town
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 6
is blessed to have hundreds when you add them up the five fire companies and three rescue
squads you are probably talking about three hundred individuals plus their families that sacrifice
for our well-being they do a good job of it. They become the point of controversy and criticism
in the newspaper that is not to fault the newspaper that is their job to keep the public apprise of
what is going on. Occasionally sometimes they get a little zealous in their coverage of that and
occasionally their criticisms are warranted. With that said no relationship is perfect, but I want
to say on my way out the door after thirteen years of service on this board and that probably
means dozens and dozens of fire company contracts some easy and some hard that I think that
for the five fire companies they are in very good shape right now with their contracts. I like to
think that the MMA Study that we did a few years ago that they are getting their fleet size in line
with standards in the industry of how long apparatuses shall last. It is also getting right sized
with the realities of call volume and how many volunteers you have. They are struggling for
volunteers I know that Tony has made this part of his mission over the last couple of years so I
will say it now. These fire companies and rescue squads are always looking for volunteers so if
you are somebody that wants to find a way to give back to the community and you want to learn
about firefighting or you want to learn about emergency medical assistance we've got eight
companies that can help you there if you want to. I want to thank you guys it has been an honor
to work with you guys over the years on these. I know that these negotiations these two that we
had tonight were pretty easy I wish they always were that easy. I feel like on a lot of fronts like I
finally got everything nice and calm now and I'm leaving, but it should be easy to take over.
You guys have been great to work with over the years like I said contract strife aside I know that
if my family needs help and you guys roll up to the scene I know that my family is in good hands
and that is what is important to me it is from the bottom of my heart thank you guys.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING FIRE PROTECTION SERVICE
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS
FALLS VOLUNTEER FIRE COMPANY, INC. FOR 2013 -2015
RESOLUTION NO.: 386,2012
INTRODUCED BY: Mr.Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge
Volunteer Fire Co.,Inc.,North Queensbury Volunteer Fire Co.,Inc.,Queensbury Central Volunteer Fire Co.,
Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in
accordance with agreements between each Fire Company and the Town,and
WHEREAS,the Town and the West Glens Falls Volunteer Fire Co.,Inc.,have negotiated terms for a
new three(3)year Agreement for fire protection services,and
WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town
Board conducted a public hearing on Monday, December 17'h, 2012 and heard all interested persons
concerning the proposed Agreement,and
WHEREAS,a copy of the proposed Agreement has been presented at this meeting,
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 7
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby
approves the Fire Protection Service Agreement between the Town and the West Glens Falls Volunteer Fire
Co.,Inc.,substantially in the form presented at this meeting,and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such
Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to
effectuate the terms of this Resolution.
Duly adopted this 17th day of December,2012,by the following vote:
AYES Mr.Montesi,Mr. Strough,Mr.Brewer,Mr. Stec,Mr.Metivier
NOES : None
ABSENT: None
3.0 RESOLUTIONS
RESOLUTION SETTING 2013 TOWN BOARD MEETING SCHEDULE
RESOLUTION NO.:387,2012
INTRODUCED BY: Mr.Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS,the Queensbury Town Board wishes to establish its 2013 meeting schedule,
NOW,THEREFORE,BE IT
RESOLVED, in accordance with New York State Town Law §62, the Queensbury Town Board
hereby establishes its 2013 meeting schedule as follows:
1. Regular meetings shall occur on the 1St and 3rd Mondays of each month at 7:00 o'clock p.m. at the
Queensbury Activities Center, 742 Bay Road,Queensbury,with the exception that the Town Board's
regular meeting dates shall be changed as set forth below for the following months:
A. January— 1St at 10:00 a.m.; 14th and 28th
B. February—11th and 25th
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 8
C. September—9`h and 23ra
At regular meetings, public hearings will be held, Resolutions and motions will be proposed and/or
adopted, miscellaneous matters will be discussed and the general public will typically be provided
with a privilege of the floor comment session. The privilege of the floor session will be limited to
Town matters only and will be run at the discretion of the Town Supervisor.
2. The Town Board shall schedule other special meetings for any purpose established by Town Board
Resolution and/or in accordance with the New York State Town Law. The Town shall notify the
media of the special meeting accordingly as required by the New York State Open Meetings Law.
3. If the Town Board decides to alter its regular meeting schedule, it will do so by Town Board
Resolution and will notify the public and media by appropriate public notice.
Duly adopted this 17th day of December,2012,by the following vote:
AYES : Mr. Strough,Mr.Brewer,Mr. Stec,Mr.Metivier,Mr.Montesi
NOES : None
ABSENT:None
RESOLUTION AUTHORIZING PETER SMITH TO CARRY OVER
UNUSED VACATION TIME
RESOLUTION NO.: 388,2012
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
WHEREAS, Town Highway Department Foreman Peter Smith was out for a period of time on
Workers' Compensation leave and therefore accumulated 10 vacation days that he will be unable to use
before December 31 st,2012,and
WHEREAS, the Town Highway Superintendent has therefore requested that the Town Board
authorize the carry-over of Mr. Smith's 10 vacation days beyond December 31St,2012,and
WHEREAS, the Town Board wishes to approve such request with the understanding that such
approval shall not be considered as a precedent for approval of any future requests,
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 9
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes Peter Smith to carry over 10
vacation days beyond December 31St,2012 such time to be utilized by December 31St,2013,and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Highway
Superintendent and/or Town Budget Officer to take any actions necessary to effectuate the terms of this
Resolution.
Duly adopted this 17th day of December,2012,by the following vote:
AYES: Mr.Brewer,Mr. Stec,Mr.Metivier,Mr.Montesi,Mr. Strough
NOES : None
ABSENT :None
RESOLUTION APPOINTING MEMBERS TO SERVE ON TOWN OF
QUEENSBURY-CITY OF GLENS FALLS JOINT SEWER COMMITTEE
RESOLUTION NO.:389,2012
INTRODUCED BY:Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS,by Resolution No.: 315,2012,the Queensbury Town Board authorized the settlement of
certain litigation between the Town of Queensbury (Town) and City of Glens Falls (City) concerning bills
associated with wastewater treatment, and
WHEREAS, as part of such Resolution, the Town and City agreed to establish a Joint Sewer
Committee to be comprised of three (3)appointees of the Town and three (3)appointees of the City to meet
on at least a quarterly basis to discuss Town and City sewer-related issues and report back to the Town and
City, and
WHEREAS,the Town Board wishes to appoint its members to the Joint Sewer Committee,
NOW,THEREFORE,BE IT
RESOLVED,in accordance with Resolution No.: 315,2012,that the Queensbury Town Board
hereby appoints the following three(3)members to the Town of Queensbury—City of Glens Falls Joint
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 10
Sewer Committee:
• Chris Harrington
• Ronald Montesi
• John Strough
and
BE IT FURTHER,
RESOLVED, that such Committee members shall serve at the direction of the Town Board with
their terms to begin immediately,and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Counsel
and/or Town Clerk to take any necessary actions to effectuate the terms of this Resolution.
Duly adopted this 17'h day of December,2012,by the following vote:
AYES: Mr. Stec,Mr.Metivier,Mr.Montesi,Mr. Strough,Mr.Brewer
NOES: None
ABSENT:None
RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM
UNDESIGNATED, UNAPPROPRIATED FUND BALANCE TO
CAPITAL RESERVE FUND #64
RESOLUTION NO.: 390, 2012
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS,the Queensbury Town Board wishes to authorize a transfer of$250,000 in funds from
undesignated, unappropriated Fund Balance to the Capital Reserve Fund 964 to help ensure that funds be
reserved for future capital improvements and upgrades to Town buildings, grounds and equipment,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the transfer of
$250,000 in funds from undesignated,unappropriated Fund Balance to the Capital Reserve Fund 464, and
BE IT FURTHER,
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RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any
documentation necessary and the Town Supervisor 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 17`h day of December, 2012,by the following vote:
AYES Mr.Metivier,Mr.Montesi,Mr. Strough,Mr. Brewer, Mr. Stec
NOES None
ABSENT: None
RESOLUTION AWARDING BIDS FOR SODA ASH, LIQUID ALUM
AND SODIUM HYPOCHLORITE
RESOLUTION NO.391,2012
INTRODUCED BY:Mr.Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS, the Town of Queensbury duly advertised for bids for Soda Ash, Liquid Alum and
Sodium Hypochlorite in accordance with the Town Water Department Bid Specifications,and
WHEREAS, the Town's Purchasing Agent, Water Superintendent and Water Engineer have
reviewed the bids and recommended that the Town award the bids to the lowest responsible bidders,
NOW,THEREFORE,BE IT
RESOLVED,that the Queensbury Town Board hereby awards the following bids:
LOWEST RESPONSIBLE
ITEM BIDDER BID AMOUNT
Soda Ash Astro Chemicals,Inc. $.2635 per pound
Liquid Alum Holland Company,Inc. $339.00 per dry ton
Sodium Hypochlorite Surpass Chemical Co. $0.798 per gallon
to be paid from the appropriate Town Water Department Account(s),and
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 12
BE IT FURTHER,
RESOLVED,that all such bid awards shall be effective through December 31St, 2013 with an option
at such time to extend such bid awards for a period of 12 months or through December 31St, 2014, with any
extended bid award to be subject to the same terms and conditions of the original bid, with no surcharges,
add-ons or tariffs to be added, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent,
Water Engineer,Water Superintendent and/or Town Budget Officer to take all actions necessary to effectuate
the terms of this Resolution.
Duly adopted this 17th day of December,2012,by the following vote:
AYES : Mr.Montesi,Mr. Strough,Mr.Brewer,Mr. Stec,Mr.Metivier
NOES : None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS -
WARRANT OF DECEMBER 18TH, 2012
RESOLUTION NO.: 392,2012
INTRODUCED BY: Mr.Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant
with a run date of December 13th,2012 and a payment date of December 18th,2012,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of
December 13th,2012 and a payment date of December 18th,2012 totaling$355,433.44,and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 13
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 17th day of December,2012,by the following vote:
AYES: Mr. Strough,Mr. Brewer,Mr. Stec,Mr.Metivier,Mr.Montesi
NOES: None
ABSENT:None
RESOLUTION TO AMEND 2012 BUDGET
RESOLUTION NO.: 393,2012
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and
are deemed compliant with Town operating procedures and accounting practices by the Town Budget
Officer,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Accounting Office to take all action necessary to amend the 2012 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
001-1990-4400 Contingency 001-3620-4410 Fuel 900
001-1990-4400 Contingency 001-1620-4070-0027 Bldg. Repairs 3400
001-1355-1010 Wages 001-1345-4080 Legal Ad 500
004-9010-8010 NYS Retirement 004-9040-8040 Workers' Comp 15,000
032-1650-4100 Central Communications 032-1680-2032 Software 327
040-8320-4300 Electricity 040-8340-4400 Misc.Contractual 7,000
040-9010-8010 NYS Retirement 040-9040-8040 Workers' Comp 5,100
Duly adopted this 17th day of December, 2012, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 14
NOES: None
ABSENT:None
RESOLUTION AUTHORIZING PURCHASE OF NETWORK STORAGE
SOLUTION FROM CAROUSEL INDUSTRIES OF NORTH AMERICA,
INC.
RESOLUTION NO.: 394,2012
INTRODUCED BY: Mr.Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, the Town of Queensbury's Director of Information Technology has requested Town
Board approval to purchase a Network Storage Solution to replace obsolete hardware,and
WHEREAS, New York State Bidding is not required as the purchase is in accordance with New
York State Contract No.: PT60953 pricing,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Director of Information
Technology's purchase of a Network Storage Solution to replace obsolete hardware from Carousel Industries
of North America, Inc., in accordance with New York State Contract No.: PT60953 pricing for an amount
not to exceed$14,404 to be paid for from Misc. Equipment Account No.: 001-1680-2001, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the
Town Budget to transfer $14,404 from Health Insurance Premiums Account No.: 001-9060-8060 to Misc.
Equipment Account No.: 001-1680-2001 and take all other actions necessary to effectuate the purchase,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any
necessary Agreement and any other needed documentation, and the Town Supervisor, Director of
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 15
Information Technology 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 17`h day of December,2012,by the following vote:
AYES : Mr. Stec,Mr.Metivier,Mr.Montesi,Mr. Strough,Mr.Brewer
NOES : None
ABSENT: None
4.0 PRIVILEGE OF THE FLOOR
JOHN SALVADOR, ALEXY LANE,NORTH QUEENSBURY-Spoke to the board regarding
the new committee to abate algae blooms in Lake George and his concerns with the algae blooms
in Sandy Bay noted they are finding that the source of the algae a greater part of it is septic tank
residue this is the purpose for these committees. Will be attending the Lake George Park
Commission meeting to see if they can resurrect their wastewater regulations noting forty years
ago a survey of septic systems was completed along the east side of Lake George at that time
five percent of those systems surveyed were considered to be failing. Asked since then how
many of the known failures have been corrected and how many of those, which were in good
shape forty years ago are now failing. Spoke to the board regarding a number of items of
unfinished business that still need to be resolved one of the items is the issue of the Queensbury
Bolton Town boundary whether or not the Town has jurisdiction on the navigable waterway
someday this has to be settled.
CHRISTOPHER SCHMIDT-AUTUMN LANE, QUEENSBURY-Student at SUNY Adirondack
and the President of a new organization called the Justice and Development Party. Spoke to the
board regarding the Ward System in the Town of Queensbury if you look at voter registration it
is about equal noting the Ward system was put into place in the early 1980's it hasn't been
updated since then noting the lines need to be redrawn we have spoken with Councilman
Montesi, Councilman Strough and Councilman Metivier regarding this. Recommended moving
from a four Ward System to a six Ward System asked the board make a motion for a resolution
for a referendum after this has been studied for people to vote on, asked the board members for
their opinion.
COUNCILMAN STROUGH-If you look at voter registration Ward One is about thirty five
hundred. Ward Two is about thirty six hundred. Ward Three is about thirty nine hundred. Ward
Four is about six thousand six hundred and twenty as of December 2011. If you use voter
registration as an indicator you are right and as a result I've asked George Hilton our GPS person
when he gets free time to try and look at the most recent census to see what the numbers actually
are not using register voters,but using actual population figures coming out of wards and
districts hopefully this will be sometime in the early part of 2013. It is something we need to
look at there is nothing by State Law that obligates us to do anything, but ethically, morally,
maybe you should do something.
SUPERVISOR STEC-If the board wants to pursue this three people I would strongly
recommend you consult with first would be our Attorney, Board of Elections, Mary Beth Casey,
Bill Montfort, and George Hilton.
COUNCILMAN MONTESI-One of the things that would be pressing upon us is that I don't
want to make this simple, but it is easier to move the lines that it would be to hire two new
council people and add that payroll to the Town. With the way it is obviously Ward One, Two
and Three would have to move we could redraw the lines with the help of Mary Beth Casey and
George and come up with an idea that this might be the way we should go and keep the four
Councilmen it is just a matter of function of economics.
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 16
SUPERVISOR STEC-It would be highly unusual for a Town to go to seven board members it is
not prohibited by law it is also unusual for a Town to have a Ward System. I think out of nine
hundred and thirty something Towns in the State I remember hearing at the Association of
Towns one year that there were less than a dozen Town's in the entire State that have a Ward
System. One other option and I don't know what the mechanism for that would be would be to
abandoned the Ward System completely. I understand that there are pros and cons and
arguments for and against a Ward System, but that is another option that would be available.
COUNCILMAN MONTESI-One of the reason when I first got involved in politics there wasn't
a Ward System. I think three of the board members were all within a three block area of one
another it just didn't make sense for representation of a Town of our size. The Ward System
kind of solved that problem, but when you solve one you get some other problems, too.
COUNCILMAN STROUGH-If you go to some kind of equalization in terms of population that
geographically is going to become even bigger.
COUNCILMAN MONTESI-This will be a nice challenge for your new group.
MR. SCHMIDT-We will try to stay involved thank you.
DAVE KLEIN,NORTH COUNTRY ENGINEERING-Represents a Group of property owners
from the Assembly Point area that are concerned with development around the wetlands. Spoke
to the board regarding a second application on a piece of property at the end of Forest Lane. It is
a very small lot that is part of the Shore Colony Subdivision, which was established in 1957 they
are concerned with the road that is going to be extended beyond where it is currently approved
also concerned with the applicant building a stormwater infiltration basin on public property
presented map to board of proposed development.
COUNCILMAN BREWER-Questioned if this is legal.
TOWN COUNSEL, HAFNER-We do not know all of the facts we couldn't have them put
stormwater controls on our property if it was just to benefit their property. This is something
that we should speak to Craig Brown and Mike Travis about.
SUPERVISOR STEC-I am surprised to hear that we are building a road I am not sure we have
all the facts here asked Councilman Metivier to speak to Mike Travis and Craig Brown regarding
this.
KATHLEEN MALONEY-Spoke to the board noting her family owns the property right next
door to the property Mr. Klein referred to in his presentation. They are the abutting neighbor on
Forest Road concerned with what has been presented to the Planning Board and to the Zoning
Board to date they are presenting a little at this time a little at that time. There are some very
big questions as to where the stormwater trenches are going to be. Who is going to take care of
them, where they are located? Are they properly going to be maintained or are they being built
properly so that it will not impact my family's property and wastewater go into the wetlands the
wetlands go into Lake George.
SUPERVISOR STEC-They are all appropriate issues for the Planning Board to look at. The
concern I have from the Town Board perspective is where is the Highway Superintendent on this
we will make sure we have a conversation with Craig Brown to see where this is in their process
and the Highway Superintendent.
5.0 CORRESPONDENCE
DEPUTY CLERK, O'BRIEN-Read the following letter into the record. Letter to Town Board
From: Michael Travis, Highway Superintendent Re: Appointment of Mark De Mars
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 17
I hereby recommend the appointment of Mark De Mers to Confidential Administrative Secretary
for the 2012-2013 calendar years. Respectfully, Michael F. Travis, Highway Superintendent
Town of Queensbury Supervisor's Report for November from Community Development and
Building and Codes on file in Town Clerk's Office.
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER
• Extended his sincere condolences to everyone in Sandy Hook and Newtown, Connecticut
for everything that transpired on Friday.
• It's been a pleasure to work with you for five years. I've known you for a few more than
that being on the Planning Board. I didn't know you very well when I started to get on
the board, I think I know you pretty well now I've got to say it's been a pleasure. You
are a good guy I wish you well hopefully we can still chat once and a while.
• Merry Christmas to everyone.
COUNCILMAN MONTESI
• My feelings and sentiments are the same as Tony's. I, guess I would say thank god we
have a chance to hug our children this Christmas. I say let's make an effort to say a
prayer for those families that can't in Newtown, Connecticut.
• Dan it has been a pleasure working with you. I've always enjoyed you even when you
played football for Queensbury. You are onwards and upwards to some bigger stuff the
only thing that you are not going to be able to use when you get down there is that gavel
you might as well give it to me.
• Merry Christmas
COUNCILMAN STROUGH
• I,too wish everybody a Happy Holiday knowing that it will be deeply dampened by the
Newtown, Connecticut tragedy.
• I want to thank working with you Dan, congratulations. I had you for a student way back
when. I can remember you and I sitting on my living room couch many years back your
first run for office, which I encouraged and helped you with. It is gratifying seeing you
moved up to the next level. Sorry to see you go now when we need some grant funding I
know just where to go good luck to you.
COUNCILMAN BREWER
• I feel the same I want to wish everybody a Merry Christmas and a Happy New Year and
to congratulate Dan on your new position I am sure you are going to do well I just wish
you luck.
SUPERVISOR STEC
• One of the things I was asked I think it was Dave Blow did an interview a Q & A a
couple weeks back. He asked me about being a parent and how that has changed how I
do my job I told him it gives me a longer view. Before you start having kids and all that I
think it is very easy to just focus on what's next as a couple the next vacation the next
promotion the next whatever. When you start having kids you start thinking about
twenty years from now where is this little guy going to be. What kind of world is he
going to live in what kind of community is he going to come home to? Is he going to
want to come home here is he going to be able to come home here. Is he going to be able
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 18
to have the option the job opportunities be able to afford it and what about when he starts
having kids children get you thinking long term. Certainly the events of Friday are just
absolutely staggering you start hoping that your kid isn't paying attention to the
television when it's not on the cartoon network. You look at having a son in the second
grade and you start thinking about how crazy the world is and certainly three things I
think the Governor hit the nail on the head today as far as what the three areas that are
going to be discussed out of what has come from Connecticut. Certainly gun control is
going to be a hot button issue again anytime a tragedy likes this occurs that is going to be
something that is going to get brought to the forefront. Likewise in this instance as in
many other instances the question of mental health and what we as a State and we as a
Country are doing in the area of mental health as that relates to public safety. Then
certainly I am glad that the Governor pointed this out and I think a lot of other people
have I really think that this is at the route of a lot of the Country problems that it is a
different Country then it was when I was seven years old. It is certainly a different
Country when my Dad was seven years old I'm not sure that they had the combustion
engine no they had the combustion engine when Dad was seven years. The values of
what is valued in our Country are different today than it was thirty years ago, forty years
ago. Service used to be valued and now somehow as we saw in the political campaign it
somehow experiences a negative when it comes to public service, which is to me
absolutely ass, a nine. You know everything is okay there seems to be no social limits
anymore. Violence on television. Violence in the movies. Violence on video games.
You can say anything and get away with it; you can say things that are bold face lies.
You come and sit at that microphone and say things that are flat out untrue about the
goings on in your community or your neighbors no one is ever held accountable it makes
you scratch your head. There seems to be an increasing problem with violence and
lawlessness in the Country. I know that the Governor touched on all three of those issues
and I am sure somewhere there is enough to go around and discuss on all three of those
fronts. It certainly puts things into perspective and it makes you like Ron said thank god
you count your blessings you hug your kids a little tighter everyone wants everybody to
be safe. Everyone wants a guarantee of safety are we heading towards a world where
going to pick your kid up after school is like going to get on an airplane and everyone
knows how much we hate getting on an airplane are we going to be living in that kind of
world. We deal with smaller issues here at the Town, but it is these kinds of issues what
kind of Town do we want to live in what kind of community do we want to help develop
that prompted certainly the five of us to run for office. It's that desire to serve and try to
make the world a better place a safer place a place where your kids can come home too
and choose to raise their family so you don't have to drive to North Carolina to see the
grandkids because that's where the job is for your son or daughter so that is what
motivates I think the five of us. I think it has been one of my deepest privileges and life
honors to serve this Town Board for the past thirteen years the past nine as a Supervisor.
We have had some very good boards we have had some very bad boards. I think these
last five years we have really been firing on all cylinders as a Town Board. I tell
everyone that will listen when we disagree the nice thing is one it is civil. Two it's polite
and not loud. Three it is confined to the issue at hand and does not spill over
automatically and needlessly to the next issue. Fortunately it is on the relatively small
stuff so it is stuff they you don't necessarily have to dig your heals in on. This board has
been very good I think in the big picture items in the last several years I think a lot of that
is the five of us our doing our jobs, but I also think frankly that a lot of that is the
environment that we are in the economy. A lot of what we deal with is just simply
dealing with the post two thousand eight recession the economy and we are just trying to
hang on to what we have here in Queensbury. As, I leave we are still one of the lowest
taxed Towns in New York State. I believe in benchmarking I've looked periodically as
you guys know and have seen. I have compared us to surrounding municipalities of
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 19
similar size from here to Albany. Our taxes are on the low side our per mile maintenance
cost for highway is the lowest. Our per gallon water production costs are among the
lowest. I won my election I am not trying to toot my own horn as I leave office here to
say ring the bell and spike the football and say that I have done a good job. I think that
the people of Queensbury need to know that this board and your Department Heads your
Elected Officials, Highway Superintendent, Town Clerk, Judges, four Town Board
Members, the employees of the Town have all done everything they can to control cost
and to provide topnotch service. I get compliments all the time on our Recreation
Department, Animal Control Officer on the ease of getting information from the Town
Clerk's Office. The thoroughness of our Planning and Zoning review the thoroughness
of our Planning and Zoning Regulations. I cannot think of an area of the Town other than
perhaps where our boundary line is with the Town of Bolton where we haven't been all
over it and on top of the issue. You four guys have made my job easy you guys have
made me look good when I needed to look good. You have helped me get elected and I
appreciate the work that each and every one of the four of you have done. I am deeply
honored and thankful to the voters not only of Queensbury, but of the entire Assembly
District for the faith and confidence that they have put in me. I do believe it is well
placed, but it is up to me now to prove it and I am willing and able and ready to go do
that and I am looking forward to the challenges at hand. I will do my best to represent
the interest of the district and their will. New York has some challenges ahead we are not
through the financial crisis yet. I am looking forward to working though with the
Assembly and certainly with the other house the Senate and our Senator Betty Little and
certainly Governor Cuomo as we first deal with how to pay for Sandy that is going to be
a big issue here in the next legislative session. I will do the best I can as I leave to
represent the district well and be a conduit for whatever certainly Queensbury, but Glens
Falls and all the Town's the forty other Town's besides Queensbury in the district. I just
want to say thank you. I wish that Darleen, Darleen is not feeling well Darleen would
have been here. Darleen she is the cement of the Town of Queensbury I don't worry
about my departure I worry about Darleen Dougher's departure. She has been a
wonderful partner to me a friend to me. She is tough she takes care of her people, but she
expects a lot out of her people. She has the corporate memory she doesn't take any guff
from anybody, but yet at the same time she provides a very very high level of service. If
there is a single elected official that I would say I think of deserves more praise and
recognition then they get is Darleen Dougher I know the Town Board knows that. I am
pleased to have been a part of this Town Board you guys are all outstanding public
servants I thank you guys for bearing with me not only for the last seven minutes, but for
the last nine years as Supervisor. I am truly honored to have been the Town Supervisor
for Queensbury. I would like to thank the residents of Queensbury again for giving me
that chance these last thirteen years. I want to wish everyone a Merry Christmas and a
Happy New Year. If you need to get a hold of me I will be easy to get a hold of.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 395, 2012
INTRODUCED BY: Mr. Ronald Montesi
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 17th day of December, 2012, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
REGULAR TOWN BOARD MEETING 12-17-2012 MTG3 30 20
NOES: None
ABSENT:None
Respectfully Submitted,
Darleen Dougher
Town Clerk
Town of Queensbury