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2013-05-20- Mtg 21 REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 80 REGULAR TOWN BOARD MEETING MTG. 421 May 20, 2013 RES. 231-247 7:00 PM BOH 8-9 TOWN BOARD MEMBERS PRESENT SUPERVISOR RONALD MONTESI COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR LOOK TV TOWN OFFICIALS ENGINEER, CHRIS HARRINGTON PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BRIAN CLEMENTS 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 231,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 20th day of May, 2013 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer,Mr. Montesi NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN AND CATHY HODGKINS RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN AND CATHY HODGKINS RESOLUTION NO.: BOH 8,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 81 SECONDED BY: Mr. Tim Brewer 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, John and Cathy Hodgkins (Applicants) have applied to the Local Board of Health for a variance from Chapter 136, ❑136-11, which requires applicants to obtain a variance for holding tanks, as the Applicants wish to replace an existing wastewater system with a new holding tank system, and WHEREAS, the Applicants have also applied for additional variances from Chapter 136 to allow placement of such holding tank system: 1. 7' from the dwelling in lieu of the required 10' setback; and 2. 2' from the property line in lieu of the required 10' setback; and 3. house sewer line to be located 2' from the property line in lieu of the required 10' setback; on property located at 41 Old Assembly Point Road in the Town of Queensbury, NOW, THEREFORE,BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, June 3rd, 2013 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John and Cathy Hodgkins' sewage disposal variance application concerning property located at 41 Old Assembly Point Road in the Town of Queensbury and bearing Tax Map No.: 239.12-2-4 and at that time all interested persons will be heard, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 82 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 20th day of May, 2013,by the following vote: AYES: Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi, Mr. Metivier NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 9,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back in regular session. Duly adopted this 20th day of May, 2013 by the following vote: AYES: Mr. Strough, Mr. Brewer,Mr. Montesi, Mr. Metivier, Mr. Clements NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 2.0 RESOLUTIONS RESOLUTION AUTHORIZING LEASE-PURCHASE AGREEMENT BETWEEN BAY RIDGE RESCUE SQUAD,INC.AND PHYSIO-CONTROL,INC. FOR LIFE-PAK 15 DEFIBRILLATORS RESOLUTION NO.: 232,2013 REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 83 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) have entered into an Agreement for emergency protection services,which Agreement sets forth a number of terms and conditions including a condition that the Squad 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 Squad 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 Squad has advised the Town Board that it wishes to enter into a 60 month Lease-Purchase Agreement with Physio-Control, Inc. (Lease-Purchase) for Life-Pak 15 Defibrillators (Life-Paks) for a total amount of approximately $90,079.25 or a monthly payment of approximately $1,688.99, with such payments to be made from the Squad's current operating budget, and WHEREAS, such Lease-Purchase will not increase the dollar amount in the Squad's 2013 and 2014 Budgets and the Town Board agrees that such Lease-Purchase would positively benefit the Squad, other EMS agencies and ultimately the citizens of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Bay Ridge Rescue Squad, Inc.'s 60 month Lease-Purchase Agreement with Physio-Control, Inc. for Life-Pak 15 defibrillators (Life-Paks) for the total amount of approximately $90,079.25 or a monthly payment of approximately $1,688.99, with payments for such Lease-Purchase to be made from the Squad's current operating budget as generally set forth in the preambles of this Resolution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 84 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of May, 2013,by the following vote: AYES: Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING LEASE-PURCHASE AGREEMENT BETWEEN WEST GLENS FALLS EMERGENCY SQUAD,INC.AND PHYSIO-CONTROL,INC. FOR LIFE- PAK 15 DEFIBRILLATORS RESOLUTION NO.: 233, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for emergency protection services, which Agreement sets forth a number of terms and conditions including a condition that the Squad 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 Squad to acquire a loan or mortgage or use money placed in a"vehicles fund"without prior approval of the Queensbury Town Board, and WHEREAS, such Agreement also provides that the Squad will use the monies provided in the Agreement in accordance with the budget submitted by the Squad and attached as Exhibit A, with the Squad to move funds as necessary between expense categories within the operating expenses; however,the Squad cannot move funds as necessary between restricted categories such as insurance, debt and vehicle funds without Town Board approval, and REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 85 WHEREAS, the Squad has advised the Town Board that it wishes to enter into a 60 month Lease-Purchase Agreement with Physio-Control, Inc. (Lease-Purchase) for Life-Pak 15 Defibrillators (Life-Paks) for a total amount of approximately $94,341.20 or a monthly payment of approximately $1,768.90, and WHEREAS, the Squad recently renewed its variable interest rate building loan and accordingly will save approximately $2,025 monthly and so although moneys for such Life-Paks are allotted in the Squad's 2013 and 2014 Budgets, the Squad requires Town Board authorization to transfer moneys from its mortgage debt service line to its operating expenses line to provide for its Lease-Purchase payments, and WHEREAS, such Lease-Purchase will not increase the dollar amount in the Squad's 2013 and 2014 Budgets and the Town Board agrees that such Lease-Purchase would positively benefit the Squad, other EMS agencies and ultimately the citizens of the Town of Queensbury, and WHEREAS, the Town Board has also determined that it is financially beneficial and in the public interest to authorize the request to move funds, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the West Glens Falls Emergency Squad, Inc.'s 60 month Lease-Purchase Agreement with Physio-Control, Inc. for Life-Pak 15 defibrillators (Life-Paks) for the total amount of approximately $94,341.20 or a monthly payment of approximately $1,768.90 and further authorizes that moneys shall be transferred from the Squad's mortgage debt service line to its operations expenses line to provide for such Lease-Purchase as generally set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 86 Duly adopted this 20th day of May, 2013, by the following vote: AYES: Mr. Montesi,Mr. Metivier,Mr. Clements, Mr. Strough,Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY,INC.,TO TRANSFER BUDGETED FUNDS FROM DEBT SERVICE TO RESERVE FUND RESOLUTION NO.: 234, 2013 INTRODUCED BY: Mr.John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury and the South Queensbury Volunteer Fire Co., 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 use the monies provided in accordance with the Agreement in accordance with the budget submitted by the Fire Company and attached as Exhibit A, with the Fire Company to move funds as necessary between expense categories within the operating expenses; however, the Fire Company cannot move funds as necessary between restricted categories such as insurance, debt and vehicle funds without Town Board approval, and WHEREAS, the Fire Company has advised the Town Board that the Fire Company has paid off its Chief's vehicle that was budgeted for a $500 monthly payment ($6,000 annually) and therefore, the Fire Company has requested Town Board approval to move such $6,000 annually from its Debt Service portion of its operating budget into its Reserve Fund commencing in January, 2014 (through December, 2015), and WHEREAS, the Town Board has determined that it is financially beneficial and in the public interest to authorize such movement of funds, REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 87 NOW, THEREFORE, BE IT RESOLVED, in accordance with the Town of Queensbury's Agreement with the South Queensbury Volunteer Fire Company, Inc., (Fire Company) for fire protection services, the Queensbury Town Board hereby authorizes the Fire Company's movement of$6,000 annually from its Debt Service portion of their operating budget to its Reserve Fund commencing in January 2014 through December, 2015 as generally set forth in the preambles of this Resolution, 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 20th day of May, 2013 by the following vote: AYES: Mr. Metivier,Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING INSTALLATION OF POLE AND STREET LIGHT AT FEEDER DAM PARK ENTRANCE RESOLUTION NO.: 235, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, due to public safety concerns, the Queensbury Town Board wishes to arrange for the placement of a pole and street light at the Feeder Dam Park entrance off of Richardson Street in the Town of Queensbury, and REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 88 WHEREAS, such proposed light will be located outside the boundaries of any Town of Queensbury Lighting District, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the installation of a pole and street light (one high pressure sodium lamp) at the Feeder Dam Park entrance off of Richardson Street in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that the annual charges for such light, which is located outside of any Town Lighting District, shall be billed from General Fund Account No.: 001-5182-4305 or such Account as may be determined by 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 necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of May, 2013,by the following vote: AYES: Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi, Mr. Metivier NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 89 RESOLUTION SUPPORTING AND AUTHORIZING PLACEMENT OF SIGNAGE ALONG WARREN COUNTY BIKEWAY AND FEEDER CANAL HERITAGE TRAIL RESOLUTION NO.: 236, 2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Warren County Safe & Quality Bicycling Organization (WCSQBO) has proposed adding signage along the Warren County Bikeway and Feeder Canal Heritage Trail to assist people in finding nearby services and attractions, as well as enhance the Bikeway and Trail's value as part of the area's local transportation system, and WHEREAS, the Adirondack/Glens Falls Transportation Council (A/GFTC) has provided technical assistance with associated outreach and mapping, and WHEREAS, this effort is also supported by Creating Healthy Places to Live, Work and Play (CHPLWP) of the Health Promotion Center at Glens Falls Hospital, and WHEREAS, the Warren County Department of Public Works has advised that grant monies will pay for the signs and posts and the Warren County DPW will install all signs along the County's Bikeway, and WHEREAS, the Town Board wishes to support and authorize the installation of such signage, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby supports and authorizes the Bikeway "exit" or "destination" signs to be installed along the Warren County Bikeway and Feeder Canal Heritage Trail to help people find nearby services and attractions and enhance the Bikeway and Trail's value as part of the area's local transportation system, with such Bike "exit" or"destination" signs to be posted at the following location: Warren County Bikeway: REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 90 • State Route 149—Factory Outlet Stores - .1 mi./2 min. • Glen Lake Road—Warren County Municipal Center - .90 mi./9 min. • Birdsall Road—Great Escape Fun Park- .50 mi./4 min. • Blind Rock Road—SUNY Adirondack - 1.4 mi./12 min. • Blind Rock Road—Queensbury Town Hall - .80 mi./7 min. • Sweet Road—Route 9 Commercial Center - .50 mi./5 min. *Feeder Canal Park Heritage Trail: • Lower Warren Street — Dix Avenue/Quaker Road Commercial Center - .50 mi./6 min. * The Feeder Dam sign is the only sign that the Town would have to install. and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Highway Superintendent to install the sign along the Feeder Canal Park Heritage Trail as set forth above, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Councilman John Strough to send a letter, along with a certified copy of this Resolution, to the Warren County Safe & Quality Bicycling Organization (WCSQBO), Warren County Department of Public Works and/or Adirondack/Glens Falls Transportation Council, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Councilman Strough, Town Highway Superintendent and/or Town Clerk to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of May, 2013, by the following vote: AYES: Mr. Strough,Mr. Brewer, Mr. Montesi,Mr. Metivier,Mr. Clements REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 91 NOES: None ABSENT: None RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING OF MUNICIPAL GOVERNMENTS BORDERING LAKE GEORGE REGARDING AQUATIC INVASIVE SPECIES PREVENTION AND MANDATORY BOAT INSPECTION AND DECONTAMINATION PROGRAM RESOLUTION NO.: 237, 2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Towns of Bolton, Lake George, Fort Ann and Queensbury and the Village of Lake George are some of the municipalities bordering Lake George (Municipalities), and WHEREAS, these Municipalities wish to work together in good faith to create an effective Program to prevent the introduction of aquatic invasive species in Lake George, including a mandatory boat inspection and decontamination program, and WHEREAS, the Municipalities wish to accordingly enter into a Memorandum of Understanding concerning such a Program, and WHEREAS, a proposed Memorandum of Understanding is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 92 RESOLVED, that the Queensbury Town Board hereby authorizes the "Memorandum of Understanding of Municipal Governments Bordering Lake George Regarding Aquatic Invasive Species Prevention" and the creation of a new mandatory boat inspection and decontamination program, substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Memorandum of Understanding and any other needed documentation, and take any other needed actions to effectuate the terms of this Resolution. Duly adopted this 20th day of May, 2013, by the following vote: AYES: Mr. Brewer,Mr. Montesi,Mr. Metivier, Mr. Clements,Mr. Strough NOES: None ABSENT: None RESOLUTION REAPPOINTING JENNIFER SWITZER AS MEMBER OF TOWN OF QUEENSBURY CEMETERY COMMISSION RESOLUTION NO.: 238, 2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 93 WHEREAS, the present term of Cemetery Commission member Jennifer Switzer will expire as of June 30th, 2013 and the Town Board wishes to reappoint Ms. Switzer to the Commission for a new three year term commencing July 1st, 2013, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Jennifer Switzer as a member of the Town of Queensbury Cemetery Commission to serve a three year term to commence July 1st, 2013 through June 30th,2016. Duly adopted this 20th day of May,2013,by the following vote: AYES: Mr. Montesi,Mr. Metivier,Mr. Clements, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING ESTABLISHMENT OF CAPITAL PROJECT FUND #199—TOWN ASSESSMENT REVALUATION PROJECT AND HIRING OF JESSICA LALUNA AS PART-TIME REAL PROPERTY CLERK RESOLUTION NO.: 239, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 152,2013, the Queensbury Town Board expressed its support of its Town Assessor in updating of the Town's 2015 Assessment Roll and the allocation of sufficient resources of Town staff and services to complete such Project, and REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 94 WHEREAS, such proposed Project is anticipated to cost approximately $100,000 and the Town Board wishes to accordingly establish a Capital Project Fund related to the Project, and WHEREAS, the Town Assessor has requested Town Board authorization to hire Jessica LaLuna as a temporary, part-time Real Property Clerk to assist the Assessor's Office staff during such Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the Town Assessment Revaluation Capital Project Fund 4199 which will establish funding for expenses associated with such Assessment Revaluation Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be from the General Fund's unassigned Fund Balance, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund#199 in the amount of$100,000, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: • Increase Appropriation 001-9950-9030 Transfer to Capital Project by $100,000; • Increase Revenue 199-0000-55031 Interfund Revenue by $100,000; • Increase Appropriation 199-1355-1010 Wages by $40,000 REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 95 • Increase Appropriation 199-1355-1020 O/T by $10,000 • Increase Appropriation 199-1355-4400 Misc. Contractual by $50,000; and BE IT FURTHER, 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 to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the hiring of Jessica LaLuna to work as a temporary, part-time Real Property Clerk to work up to 29 hours per week commencing on or about June 3rd, 2013 for the duration of the Project (through approximately July 1St, 2015), subject to Ms. LaLuna's successful completion of a pre-employment physical and drug and/or alcohol screening as required by Town Policy, and the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that such temporary, part-time Real Property Clerk shall be paid $16 per hour to be paid for from Capital Project Fund 9199, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor 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 201h day of May, 2013, by the following vote: REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 96 AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF JOHN HOLCOMB AS MOTOR EQUIPMENT OPERATOR IN HIGHWAY DEPARTMENT RESOLUTION NO.: 240, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, by Resolution No.: 218,2013, the Queensbury Town Board authorized the transfer of James LaFoy from his Motor Equipment Operator(MEO)position in the Town Highway Department to the vacant Laborer position in the Water Department and therefore the Town Highway Superintendent wishes to fill the vacant Highway Department Motor Equipment Operator (MEO)position, and WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and wishes to make an appointment, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of John Holcomb to the full-time Union position of Motor Equipment Operator (MEO) in the Town's Highway Department effective on or about May 28t1i, 2013, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 97 RESOLVED, that such appointment shall be contingent upon Mr. Holcomb's successful completion of a pre-employment physical as required by Town Policy, drug and/or alcohol screening, any applicable Civil Service requirements, an eight (8) month probation period, and the Town successfully completing a background check as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that Mr. Holcomb shall be paid the hourly rate for the MEO position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of May, 2013,by the following vote: AYES: Mr. Clements,Mr. Strough,Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF TROY BAPP AS TEMPORARY, SEASONAL LABORER IN HIGHWAY DEPARTMENT RESOLUTION NO.: 241, 2013 INTRODUCED BY: Mr.John Strough WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 98 SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Highway Superintendent has requested Town Board authorization to hire a temporary, seasonal Laborer to work for the Town's Highway Department, WHEREAS, funds for such position have been budgeted for in the Town Budget, and WHEREAS, the Highway Superintendent has advised the Town Board that such temporary, seasonal Laborer is Troy Bapp, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Troy Bapp to work as a temporary, seasonal Laborer for the Town Highway Department commencing on or about May 16th, 2013 and concluding on or about November 22"d, 2013, subject to the Town successfully completing a pre-employment physical and background check as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screenings, and BE IT FURTHER, RESOLVED, that such temporary, seasonal Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 53,2013 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Deputy Highway Superintendent, Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 99 Duly adopted this 20th day of May, 2013,by the following vote: AYES: Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier, Mr. Clements NOES: None ABSENT: None RESOLUTION AUTHORIZING WITHDRAWAL FROM CAPITAL IMPROVEMENT PLAN RESERVE FUND #64 FOR INCREASE IN RUSH POND BICYCLE/PEDESTRIAN PATH CAPITAL PROJECT #166 RESOLUTION NO.: 242,2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, the Queensbury Town Board previously established a Capital Improvement Plan Reserve Fund 464(Fund 464) for future Town project developments, and WHEREAS, by Resolution No.: 178,2007 the Town Board authorized establishment of the Rush Pond Bicycle/Pedestrian Path Capital Project Fund 9166 to fund expenses associated with the Multi-Use Rush Pond Bicycle/Pedestrian Path (Project) and authorized funding for such Capital Project Fund 9166 in the amount of$76,663, and such funds were transferred into such Fund 9166 from Capital Improvement Plan Reserve Fund 964, and WHEREAS, Resolution No. 178, 2007 also authorized engagement of the services of the Laberge Group(Laberge) for design of the Project and WHEREAS, by Resolution No.: 202,2008, the Town Board authorized an increase in the Project costs and supplemented Capital Project Fund #166 in the amount of$20,000 to cover such REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 100 increases as well as future expenses and reimbursables, bringing the total for the Capital Project Fund 9166 to $96,663, and WHEREAS, by Resolution No.: 349.2011, the Town Board authorized an increase in the Project costs and supplemented Capital Project Fund 4166 in the amount of$3,700 for additional professional services of the Laberge Group due to additional wetland delineation, bringing the total for the Capital Project Fund 4166 to $100,363, and WHEREAS, Councilman John Strough has presented the Town Board with a Final Design and Budget for construction of the southern part of the Rush Pond Trail(from Fox Farm Road to the bridge and walkways) for an amount of$38,000 as presented at this meeting, and WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of moneys from Fund#64 in the amount of$38,000 for such construction, 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 964 subject to permissive referendum, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board authorizes the Final Design and Budget for construction of the southern part of the Rush Pond Trail (from Fox Farm Road to the bridge and walkways) for an amount of$38,000 and authorizes and directs the $38,000 increase in the Rush Pond Bicycle/Pedestrian Path Capital Project Fund 9166 bringing the total for the Capital Project Fund 9166 to $138,363, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such construction shall be by a transfer from the Capital Reserve Fund 964 in the amount of$38,000 to transfer to Rush Pond Bicycle/Pedestrian Path Capital Project Fund#166, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 101 RESOLVED that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to increase the following accounts for such appropriations and revenues as necessary: • Revenue Acct No. — 166-0000-55031 (Interfund Revenue) $38,000; and • Expense Acct No. — 166-8020-2899 (Capital Construction) $38,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2013 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Councilman John Strough and/or the Town Budget Officer to take any and all other 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 20th day of May, 2013, by the following vote: AYES: Mr. Brewer,Mr. Montesi,Mr. Metivier, Mr. Clements,Mr. Strough NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 102 RESOLUTION TO AMEND 2013 BUDGET RESOLUTION NO.: 243, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2013 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-1950-4430 Property Taxes 1,810 126-8020-2820 Land Acquisition 126-9730-6030 BAN Principal 13,974.15 126-8020-4400 Misc. Contractual 126-9730-6030 BAN Principal 36,040.70 Capital 126-8020-2899 Construction 126-9730-6030 BAN Principal 57,390.00 Capital Transfer to other 126-8340-2899 Construction 126-9901-9128 Fund 69,935.32 Capital 126-8150-2899 Construction 126-9730-6030 BAN Principal 24,267.73 126-8020-2820 Land Acquisition 126-5020-4402 Town Attorney 58,577.34 126-8340-2899 Capital 126-5020-4402 Town Attorney 35,012.00 REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 103 Construction Capital 126-8150-2899 Construction 126-5020-4403 Town Attorney 27,480.21 Capital Capital 126-8150-2899 Construction 126-5020-2899 Construction 133,662.92 Duly adopted this 6t'day of May, 2013,by the following vote: AYES: Mr. Montesi,Mr. Metivier,Mr. Clements, Mr. Strough,Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING LEASE PURCHASE AGREEMENT WITH MUNICIPAL LEASING CONSULTANTS FOR GENERATOR IN TOWN WASTEWATER DEPARTMENT RESOLUTION NO.: 244, 2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, the Queensbury Town Board determined that a need exists for acquisition and installation of a new generator and ancillary equipment (the "Equipment") for the Wastewater Department, and WHEREAS, the Town Board has authorized the purchase of the Equipment under New York State Contract, and WHEREAS, the Town of Queensbury's Civil Engineer/Acting Wastewater Director ("Director") has negotiated lease/purchase terms for the Equipment and wishes to enter into a tax-exempt Lease Purchase Agreement with Municipal Leasing Consultants ("MLC") for the Equipment at a cost not to exceed $29,000, and REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 104 WHEREAS, the Director has advised the Town Board that he wishes to enter into such Lease Purchase Agreement because although the associated interest rate is higher than it would be with a purchase, the Lease Purchase Agreement's issuance costs are lower, and WHEREAS, a copy of the proposal from MLC for a lease purchase agreement (the "Proposal") has been presented at this meeting, and WHEREAS, the Town is authorized to enter into lease purchase agreements for financing equipment,machinery or apparatus under General Municipal Law §109-b, and WHEREAS, the Town Board has prepared an evaluation of financing alternatives as required by 2 NYCRR Part 39, NOW, THEREFORE, BE IT RESOLVED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS: RESOLVED, that after taking into account the evaluation of financing alternatives, the Town Board hereby determines that it is in the best interests of the Town to finance the capital improvements with MLC pursuant to the Proposal for the following specific reasons: In light of the uncertainty of appropriations for various Town purposes, the flexibility afforded by termination of a lease purchase agreement if the Town cannot appropriate funds to pay the amounts due thereunder could be significant at some time over the next 5 years, and BE IT FURTHER, RESOLVED, that the acquisition of the Equipment under the terms and conditions provided for in the Proposal is necessary, convenient, in furtherance of, and the Equipment will at all times be used in connection with, the Town's governmental and proprietary purposes and functions and is in the best interests of the Town, and no portion of the Equipment will be used, directly or indirectly, in any trade or business carried on by any person other than a governmental unit of the State on a basis different from the general public, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes financing the purchase of the Equipment pursuant to the provisions of a lease purchase agreement consistent with the Proposal and in form satisfactory to the Town Supervisor and Town Counsel (the "Lease Purchase Agreement"), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute and deliver the Lease Purchase Agreement and to execute and deliver such other agreements, instruments and other writings, and to take such further actions as he, in his sole REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 105 discretion, deems necessary or desirable to carry out the intent of this Resolution and the Lease Purchase Agreement, and BE IT FURTHER, RESOLVED, that the Town Board hereby certifies that the Town has not issued or effected the issuance of, and reasonably anticipates that it will not issue or effect the issuance of, more than $10,000,000 of tax-exempt obligations during the 2013 calendar year and, to the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended (the "Code"), hereby designates the lease of the Equipment to which the Lease Purchase Agreement pertains as a "qualified tax-exempt obligation" as defined by Section 265(b)(3) of the Code, and BE IT FURTHER, RESOLVED, that the Town Board hereby covenants that it will perform all acts within its power which are or may be necessary to ensure the maintenance of the Town's legal status as being a duly organized and existing entity under the Laws of the State, which status is the basis for the interest portion of the rental payments coming due under the Lease Purchase Agreement to at all times remain exempt from federal income taxation under the laws and regulations of the United States of America as presently enacted and construed or as hereafter amended , and BE IT FURTHER, RESOLVED, that the payments due under the Lease Purchase Agreement shall be paid from Installment Purchase Debt Account No.: 035-9725-6040, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to transfer $2,900 from Account No.: 036-8130-4131 to Account No.: 035-9725-6040 and amend the Town Budget accordingly, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Civil Engineer/Acting Wastewater Director and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution shall take effect immediately_ The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 106 AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NAYS: None ABSENT: None ROLL CALL AYES: 5 NAYS: 0 ABSENT: 0 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. Date: May 20th, 2013 RESOLUTION APPROVING AUDIT OF BILLS— WARRANT OF MAY 21sT,2013 RESOLUTION NO.: 245, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of May 16th, 2013 and a payment date of May 21St, 2013, NOW, THEREFORE,BE IT REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 107 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of May 16th,2013 and a payment date of May 21St,2013 totaling $590,365.80, 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 20th day of May,2013, by the following vote: AYES: Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi, Mr. Metivier NOES: None ABSENT: None RESOLUTION ADOPTING DETERMINATION AND FINDINGS AND SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING AVIATION ROAD INTERSECTION IMPROVEMENTS PROJECT PIN NO.: 1759.06 RESOLUTION NO.: 246, 2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to consider pursuing the Aviation Road Intersection Improvements Project, Town of Queensbury, Warren County, P.I.N. 1759.06 (Project), and REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 108 WHEREAS, the proposed Project is an unlisted action in accordance with the rules and regulations of the State Environmental Quality Review Act(SEQRA), and WHEREAS, by Resolution No.: 194, 2013, the Town Board indicated its wish to be Lead Agency for SEQRA review of the proposed Project and authorized and directed the Town's Senior Planner to send a copy of the Short Environmental Assessment Form Part I, along with a certified copy of the Resolution stating the Town Board's intention to be declared Lead Agency, to any and all agencies to which it must give written notice in accordance with New York State Town Law, including the New York State Department of Environmental Conservation, New York State Division of Environmental Permits, New York State Department of Transportation and New York State Office of Parks,Recreation and Historic Preservation, and WHEREAS, notice was provided to those agencies and over 30 days have passed and the Town has received no responses, and WHEREAS, the Town Board is duly designated to act as SEQRA Lead Agency and, in that capacity, has reviewed the SEQRA EAF for this Project, and WHEREAS, pursuant to the New York State Eminent Domain Procedure Law (EDPL Section 201) the Town held a properly noticed public hearing on March 18, 2013 at which it informed the public about the Project,reviewed the public use to be served by the Project and the potential impacts on the environment and the residents of the locality where the Project is to be located, and heard comment regarding the proposed Project, and WHEREAS, Section 204 of the EDPL requires that the Board make its determination and findings concerning the proposed Project within 90 days after the conclusion of the public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board determines that no significant adverse environmental impacts are likely to result from the Aviation Road Intersection Improvements Project, Town of Queensbury, Warren County, P.I.N. 1759.06 (Project) and such determination is reached after careful consideration and analysis of the proposed action and the EAF for the proposed action, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 109 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves a SEQRA Negative Declaration — Determination of Non-Significance and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts the document entitled "Determination and Findings Pursuant to Article 2 of the Eminent Domain Procedure Law Regarding the Acquisition of Property Rights Required in Reference to the Town of Queensbury Project No. 1759.06, Aviation Road/Dixon Road/Farr Lane Intersection Improvement Project, Town of Queensbury, County of Warren, State of New York"which is attached hereto, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes such further proceedings under the EDPL as may be necessary to effectuate acquisition by condemnation of the subject easements, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to publish a brief synopsis of these Findings and Determination which is attached hereto in at least two (2) successive issues of the Glens Falls Post Star as required by Section 204(A) of the EDPL, and REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 110 BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to serve notice as required by Section 204(C) of the EDPL upon each assessment record billing owner or his or her attorney of record across whose property an easement may be acquired, and BE IT FURTHER, RESOLVED, that this Resolution shall take effect immediately. Duly adopted this 20th day of May, 2013,by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements NOES: None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR(LIMIT 4 MINUTES) JOHN SALVADOR- Spoke regarding a public hearing held at the meeting of May 6th concerning the establishment of an extension to the existing sanitary sewer district running along Route 9 from the Sweet Road area and northward. The Route 9 section has been extended at least twice already and that there has been approximately a dozen extensions to the entire Quaker/Route 9 Sewer District. Concerned that a supplemental environmental impact study has not been undertaken on these, and therefore the cumulative impacts of these several extensions have never been quantified. Asked the Town Board to review resolution 210, 2013 regarding the need for a coordinated SEQRA Review of a project involving a sewer district extension and a 29 lot residential subdivision. Without a supplemental environmental impact study, you will never establish any negative environmental impacts that this project may cause. GEORGE WINTERS- Urged the Board not to contribute town funds to the Glens Falls Civic Center or the Crandall Library. PLINEY TUCKER- Spoke regarding the assessment revaluation project. CHRISTOPHER SCHMIDT-Has there been any progress as far as redrawing the ward districts? REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 111 COUNCILMAN STROUGH- Explained that George Hilton did begin looking into that but he was pulled away to work on other projects. As soon as we get through the busy season he will begin working on that again. MR. SCHMIDT- Questioned who decides whether to redraw the lines, is it a Town decision or the Board of Elections? SUPERVISOR MONTESI- Town, but the Board of Election gives us a lot of the facts and figures. COUNCILMAN STROUGH- There is nothing in the law that mandates this MR. SCHMIDT- Is there something in the local law? COUNCILMAN STROUGH- The local law says you should approximate the population, but it doesn't say you have to, and it doesn't say that if it becomes imbalanced you have to balance it. I think there is general agreement that we should, and I think we will work in that direction. 4.0 CORRESPONDENCE DEPUTY TOWN CLERK, ROSE MELLON- Supervisor's Report for Community Development/Building and Codes for April 2013 on file in Town Clerk's Office. SUPERVISOR MONTESI-Announced that the draft annual MS4 Report (storm water management report)was completed by Warren County Soil and Water, and we should have the final report by next week. 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD 1)-Nothing to report COUNCILMAN CLEMENTS (WARD 2)- Reminded everyone to vote on the school budget tomorrow. COUNCILMAN STROUGH (WARD 3)- • Just a reminder to residents that the Glens Falls/Queensbury Memorial Day Parade is next Monday, May 27th at 10:OOAM in downtown Glens Falls. It's going to be one of the biggest and best parades ever. • Thanked all of the committee members for all their hard work in putting the parade together. • Announced the following winners of this year's poster contest: QUEENSBURY WINNERS: lst Place: Brandon Moulthrop 2nd Place: Collin Signor GLENS FALLS WINNERS: 1st Place: Taylor Christopher 2nd Place: Allison Stanley • A special thanks to the following teachers who were involved in helping with the essay and poster contests: Donna Bates and Robin Brewer from Glens Falls, and Mary Tulley and Betsy Krebs from Queensbury • Congratulated this year's essay winners: Cambria Pratt of Glens Falls and Alex Bingham of Queensbury. • Announced that John Webster will be this year's Grand Marshall, Congressman, Bill Owens will be the Keynote Speaker, and John Girard, the Boys State Representative who will be reading the Lincoln/Gettysburg Address REGULAR TOWN BOARD MEETING 05-20-2013 MTG 421 112 COUNCILMAN BREWER(WARD 4)- Nothing to report SUPERVISOR MONTESI- • Attended a meeting, organized by Senator Little, at the Queensbury Hotel where State Comptroller, Thomas DiNapoli spoke with business and government leaders regarding the economy. • On June 12th the County Board with meet for a ceremonial meeting at the Lake George Courthouse regarding Warren County's upcoming Bicentennial. • Thanked Look TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 247, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 20th day of May, 2013, by the following vote: AYES: Mr. Brewer,Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES: None ABSENT: None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury