2014-10-20 - Mtg 38 REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 1
REGULAR TOWN BOARD MEETING MTG#38
October 20, 2014 RES# 359-375
7:00 P.M.
TOWN BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN DOUG IRISH
COUNCILMAN WILLIAM VANNESS
PRESS
POST STAR
LOOK TV
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN WILLIAM VANNESS
SUPERVISOR STROUGH called meeting to order...
ECONOMIC DEVELOPMENT CORPORATION PRESENTATION: MARKETING
THE TOWN OF QUEENSBURY'S INDUSTRIAL SITES. PRESENTED BY: EDC
PRESIDENT, ED BARTHOLOMEW AND VICE PRESIDENT, JOHN WHEATLEY.
PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MINUTES)
RON BALL-Referred to Resolution 2.4 Authorizing Increase in Rush Pond Bicycle/Pedestrian
Path Capital Project #166 and stated concern with more construction, noting it's a dangerous
spot.
JOHN SALVADOR- Referred to Resolution 2.8 Setting Public Hearing on Town of Queensbury
2015 Preliminary Budget and questioned Supervisor Strough whether there will be someone to
answer questions or concerns during the public hearing.
SUPERVISOR STROUGH-Noted that Barbara Tierney, our Budget Officer will be present to
answer any questions.
MR. SALVADOR- Referred to Resolution 2.5 Authorizing Transfer of Funds from
Undesignated General Fund Balance to Replenish Capital Reserve Fund #64 and stated that last
year 1.5 million was transferred to the capital reserve. Questioned whether there are any capital
projects proposed for this year to use that money?
SUPERVISOR STROUGH-Noted that the Budget Officer explained to him that the Town didn't
transfer funds into the capital reserve last year and the Town is moving 1.2 million of the
unappropriated funds to a capital reserve so that it can be used for specific projects.
MR. SALVADOR- Spoke regarding the municipal underground charge on his National Grid bill.
Attempted to contact National Grid but was unsuccessful. Asked that the Board investigate the
total charge across the Town and report back to him at the next meeting.
RICK AARON- Referred to Resolution 2.4 Authorizing Increase in Rush Pond
Bicycle/Pedestrian Path Capital Project #166 and thanked Supervisor Strough who has been
involved with this project extensively. Supervisor Strough has done a lot of the work, a lot of the
manual labor. He has gotten people out there that have done a lot of work for free. It's a
valuable asset to the people of Ward III and they cannot wait until the work is complete. Hope
they pass this resolution tonight. Jim Underwood also had a very big part in this project; he did a
great job building the bridge. Referred to Resolution 2.14 Reappointing Roy Urrico as Member
of Queensbury Zoning Board of Appeals and noted that Mr. Urrico has basically been the
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 2
bedrock of the Zoning Board for many years and hopes that he is on the Board for many more.
Thanked the Town Board, as well as the previous Board for the roundabout, noted that it is a
much safer intersection.
1.0 RESOLUTIONS
RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM
NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES
RESOLUTION NO.: 359, 2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Town of Queensbury's Director of Parks and Recreation (Director) has
advised the Queensbury Town Board that the Town is again eligible to apply for funds from the
New York State Office of Children & Family Services (OCFS) relating to Town recreation
programs, and
WHEREAS, the Director has requested Town Board authorization to prepare a funding
application in the amount of $2,500 for youth recreation programs eligible for matching
reimbursement from OCFS through the Warren County Youth Bureau,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Director of Parks and Recreation to prepare the application for recreation funds from the New York
State Office of Children & Family Services and the Town Supervisor to execute such funding
application, and
BE IT FURTHER,
RESOLVED, that in the event that the Town does receive such recreation funds, the Town
Board further authorizes and directs the Town Budget Officer to amend the Town Budget by
increasing Revenue Account No.: 001-0000-53820 (Youth Program) and Operating Account No.:
001-7110-4824 (Recreation Programs)by the amount of$2,500, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Parks and Recreation Director and/or Town Budget Officer to take any other action necessary to
effectuate the terms of this Resolution.
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 3
Duly adopted this 20th day of October, 2014, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES None
ABSENT: None
RESOLUTION ACKNOWLEDGING AND ACCEPTING REQUIRED
AUDIT RELATING TO QUEENSBURY TOWN COURT RECORDS
RESOLUTION NO.: 360, 2014
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, by Resolution No.: 337,2011, the Queensbury Town Board engaged the
auditing services of Bollam, Sheedy, Torani & Co., LLP, CPA's (now known as SaxBST) to
provide cash receipts and disbursement auditing services to the Town of Queensbury for the years
ending December 31, 2011, 2012, 2013, 2014 and 2015, and
WHEREAS, the New York State Uniform Justice Court Act §2019-a and Town Law §123
set forth annual reporting, accounting and audit requirements for Town Courts, and
WHEREAS, in accordance with such laws, the Town Board reviewed the audit reports
pertaining to the Queensbury Town Court for the year ended December 31, 2013 and the Town
Board wishes to acknowledge and accept the audit as having fulfilled the Town Board's
responsibility to audit the Town Justices' records,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury hereby acknowledges and accepts the audit
of the Queensbury Town Justice Court's records for the year ended December 31, 2013 as
required by New York State Uniform Justice Court Act §2019-a and Town Law §123 as delineated
in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to
provide a copy of such audit and a certified copy of this Resolution to: Director of Internal
Audit, New York State Office of Court Administration, 98 Niver Street, Cohoes, NY 12047, and
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 October, 2014, by the following vote:
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 4
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ADOPTION OF
TOWN OF QUEENSBURY COMPREHENSIVE EMERGENCY
MANAGEMENT PLAN
RESOLUTION NO.: 361, 2014
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, New York State Executive Law §23 provides in part that in preparing a
Town Comprehensive Emergency Management Plan, the cooperation, advice and assistance
shall be sought from local government officials, regional and local planning agencies, police
agencies, fire departments and fire companies, local civil defense agencies, commercial and
volunteer ambulance services, health and social services officials, community action agencies,
organizations for the elderly and the handicapped, other interested groups and the general public,
and
WHEREAS, the Town of Queensbury's Fire Marshal received such advice and assistance
from local police, fire, public health agencies and other Departments within Warren County as
well as the State Emergency Management Office, Glens Falls Hospital and the American Red
Cross, and has now presented to the Town Board a proposed Comprehensive Emergency
Management Plan (Plan) for the Town of Queensbury, based upon such advice and assistance as
well as the State Emergency Management Sample Plan, and
WHEREAS, the Town Board wishes to adopt the proposed Plan substantially in the form
presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts the Town of Queensbury
Comprehensive Emergency Management Plan (Plan) substantially in the form presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the designated Town officials
and employees to act in accordance with the terms and provisions of such Plan and authorizes
and directs the Town's Fire Marshal to file such Plan with the Queensbury Town Clerk and
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 5
submit such Plan to the Director of the Warren County Office of Emergency Services and/or any
other appropriate state or local agencies in order to cause the Plan to be effective for all purposes
provided under law, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Town Fire Marshal to take any action necessary to effectuate the terms of this Resolution
and Plan.
Duly adopted this 20th day of October, 2014, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING INCREASE IN RUSH POND
BICYCLE/PEDESTRIAN PATH CAPITAL PROJECT #166
RESOLUTION NO.: 362, 2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, by Resolution No.: 178, 2007 the Town Board authorized establishment of the
Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166 (Fund #166) to fund expenses
associated with the Multi-Use Rush Pond Bicycle/Pedestrian Path(Project), and
WHEREAS, Resolution No.: 322, 2014 the Town Board authorized the closure of the
Riverside Park Capital Project Fund #158 and the transfer of its remaining $57,500 to Fund
#166, and
WHEREAS, the Town's Director of Parks and Recreation has presented the Town Board
with a Budget for certain improvements of the Rush Pond Trail for the amount of $57,500 as
follows:
• Trail Completion (cost to clear, grade and establish a connecting trail to complete the
system) - $35,000
• Trail Head Improvements (cost to establish proper signage for trail head, parking, etc.) -
$7,500
• Trail tags, maps and wayward signage (cost to produce hand held map/brochures, trail
markers and map signs) - $4,000
• Tree removal (cost to clear dangerous trees located near trail) - $2,000
• Trail Maintenance Equipment (cost to purchase an RTV with blower in order to properly
maintain trail surfaces) - $9,000
and
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 6
WHEREAS, the Town Board wishes to accordingly authorize the increase in the Project
costs and supplement Fund#166 in the amount of$57,500,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board authorizes the improvements of the Rush
Pond Trail and Budget as set forth in the preambles of this Resolution for an amount of$57,500 and
authorizes and directs the $57,500 increase in the Rush Pond Bicycle/Pedestrian Path Capital
Project Fund #166, such funding to be in accordance with Resolution No.: 322,2014, and
BE IT FURTHER,
RESOLVED that the Queensbury Town Board further authorizes and directs the Town
Budget Officer to take all action necessary to increase the following account for such
appropriations as necessary:
• Expense Acct No. — 166-8020-2899 (Capital Construction) $57,500; 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 Town Supervisor,
Director of Parks and Recreation and/or the Town Budget Officer to take any and all other actions
necessary to effectuate the terms of this Resolution.
Duly adopted this 20th day of October, 2014, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM
UNDESIGNATED GENERAL FUND BALANCE TO REPLENISH
CAPITAL RESERVE FUND #64
RESOLUTION NO.: 363,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 7
WHEREAS, by Resolution No.: 322 of 2001, the Queensbury Town Board established a
Capital Reserve Fund for the purpose of capitalization of the Town's Capital Improvement Plan
Policy or for future Town project developments, known as Capital Reserve Fund #64 (Fund #64)
which Fund established fund expenditures associated with the CIP, and
WHEREAS, the Town Budget Officer has recommended that the Town Board transfer $1.2
million from the Town's undesignated, unassigned Fund Balance to Fund #64 in order to fund
future capital projects, and
WHEREAS, the Town Board therefore wishes to authorize the Town Budget Officer to
replenish Fund #64 by appropriating $1.2 million of undesignated, unassigned Fund Balance and
transfer such amount to the Capital Reserve#64,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board authorizes and directs the Town Budget
Officer to transfer $1.2 million from the Town's undesignated, unassigned Fund Balance to the
Capital Improvement Plan Reserve Fund #64 and make any adjustments, budget amendments,
transfers or prepare any documentation necessary to establish appropriations and estimated
revenues and take all other actions necessary to effectuate the terms of this Resolution.
Duly adopted this 20th day of October, 2014, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT
MERCHANT MARKET LICENSE FOR WEST MOUNTAIN SKI
AREA/APEX CAPITAL LLC
RESOLUTION NO.: 364,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, West Mountain Ski Area/Apex Capital, LLC has submitted an application to
the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to
conduct its 1St Annual Harvest Festival &Haunted Hayrides on:
• Saturday, October l lth(12 pm-1 Opm), Sunday October 12th(12 pm-8pm);
• Saturday, October 18th(12 pm-1 Opm), Sunday, October 191'(12 pm-8pm);
• Saturday, October 25th(12 pm-1 Opm), Sunday, October 261'(12 pm-8pm);
• Friday, October 31St(5pm-IOpm), Saturday, November 1St(12pm-IOpm);
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 8
at the Ski West Mountain Ski Center, 59 West Mountain Road, Queensbury to bring approximately
30 vendors to sell various food items, drinks and certain merchandise and provide various activities
in accordance with the provisions of Town Code Chapter 160,
NOW, THEREFORE, BE IT
RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code
§160-8, the Town Board hereby grants, authorizes and ratifies the issuance of a Transient
Merchant/Transient Merchant Market License to West Mountain Ski Area/Apex Capital, LLC
(Applicant) to conduct its 1St Annual Harvest Festival & Haunted Hayrides at the Ski West
Mountain Ski Center located at 59 West Mountain Road, Queensbury, subject to the following:
1. Applicant must pay all fees as required by Town Code Chapter 160;
2. Applicant must submit a bond in the amount of$10,000 as required by Chapter 160;
3. Applicant must submit proof of authorization to do business in New York and
authorization of agent to receive service of summons or other legal process in New
York;
4. The License shall be valid only on:
• Saturday, October l lth(12 pm-1 Opm), Sunday October 12th(12 pm-8pm);
• Saturday, October 18th(12 pm-1 Opm), Sunday, October 19u'(12 pm-8pm);
• Saturday, October 25th(12 pm-1 Opm), Sunday, October 26u'(12 pm-8pm);
• Friday, October 31St(5pm-IOpm), Saturday, November 1St(12pm-IOpm);
and the license shall expire immediately thereafter;
5. The Transient Merchant License shall not be assignable; and
6. Applicant must comply with all regulations specified in Town Code §160-8;
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Town Code Enforcement
Personnel to rigorously enforce the terms of this approval.
Duly adopted this 20th day of October, 2014, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING REFURBISHMENT OF HIGH LIFT
MOTOR NO. 3 IN TOWN WATER DEPARTMENT
RESOLUTION NO.: 365, 2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 9
SECONDED BY: Mr. Doug Irish
WHEREAS, the Town of Queensbury's Water Superintendent has requested Town Board
approval for the refurbishment of the Water Department's High Lift No. 3 Motor, and
WHEREAS, the Water Superintendent requested quotes for such repairs and the lowest
received quote is in the amount of $14,819 from AAI Auburn Armature, Inc., and therefore the
Water Superintendent Director has recommended that the Town Board approve such work,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the refurbishment of the
Town Water Department's High Lift No. 3 by AAI Auburn Armature, Inc., for an amount not to
exceed $14,819 as delineated in AAI Auburn Armature Inc.'s quote dated September 18, 2014 and
presented at this meeting, such repairs to be paid from Water Plant Maintenance Account No.:
040-8320-4350, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Water Superintendent 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 October, 2014, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON
TOWN OF QUEENSBURY 2015 PRELIMINARY BUDGET
RESOLUTION NO.: 366, 2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town
of Queensbury and its Districts for the fiscal year beginning January 1, 2015, and
WHEREAS, the Town Board wishes to approve the Preliminary Budget and conduct a
public hearing,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 10
RESOLVED, that the Queensbury Town Board hereby approves the Town of Queensbury
Preliminary Budget for 2015, comprised of statements of appropriations and estimated revenues, a
copy of which is attached and made a part of this Resolution, and
BE IT FURTHER,
RESOLVED, that copies of the 2015 Preliminary Budget for the Town of Queensbury shall
be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall
be available for inspection by interested persons during regular business hours, and
BE IT FURTHER,
RESOLVED, that the Town Board will conduct a public hearing on Monday, November 3rd
2014 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all
interested persons will be heard concerning the Town's Preliminary Budget, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to publish and post a Notice of Public Hearing in the manner provided by Town Law §108,
such Notice to be substantially in the following form:
NOTICE OF HEARING ON PRELIMINARY BUDGET FOR THE
TOWN OF QUEENSBURY FOR THE YEAR 2015
NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury, County
of Warren, State of New York for the Fiscal Year beginning January 1, 2015, which includes the
S495 Exemption Impact Report, has been filed in the Queensbury Town Clerk's Office where it is
available for inspection by any interested person during normal business hours.
FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a public
hearing on Monday, November 3rd, 2014 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay
Road, Queensbury and that at such hearing the Town Board shall hear all interested persons
concerning the Preliminary Budget.
AND FURTHER NOTICE is hereby given in accordance with Town Law §108 that the
proposed salaries of Town of Queensbury elected officials for Year 2015 are as follows:
TOWN SUPERVISOR 67,276.
TOWN COUNCIL,PERSON(4) 18,000.
TOWN CLERK 66,442.
TOWN HIGHWAY SUPERINTENDENT 67,161.
TOWN JUSTICES (2) 42,969.
Duly adopted this 20th day of October, 2014, by the following vote:
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 11
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
AMENDMENT TO ORDINANCE NO. 28 ESTABLISHING THROUGH
HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF
QUEENSBURY, COUNTY OF WARREN, NEW YORK
RESOLUTION NO.: 367, 2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance
Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of
Warren, New York and this Ordinance lists the stop intersections and signs located within the Town
of Queensbury, and
WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a
stop intersection at the intersection of Broadacres Road and Ashley Place, and
WHEREAS, the Town Board wishes to set a public hearing concerning this proposed
Amendment to Ordinance No. 28,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing on
Monday, November 3rd, 2014 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury to consider the proposed Amendment to Town Ordinance No. 28, hear all interested
persons and take any necessary action provided by law, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish
and post the Notice of Public Hearing presented at this meeting in the manner provided by law.
Duly adopted this 20th day of October, 2014, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS-
WARRANT OF OCTOBER 21ST, 2014
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 12
RESOLUTION NO.: 368, 2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a
Warrant with a run date of October 1611i 2014 and a payment date of October 21St, 2014,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run
date of October 16t1i 2014 and a payment date of October 21St, 2014 totaling $724,041.58, 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 October, 2014, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY ADIRONDACK MANOR HOMES FOR ADULTS
RESOLUTION NO.: 369, 2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, Adirondack Manor Homes for Adults (AMHA) previously commenced
Article 7 Real Property Assessment Review cases for 2008 through 2014 against the Town of
Queensbury concerning certain property located off Bay Road, developed with residential care
facilities for older adults and identified as Tax Map No.: 296.7-1-12, with an assessment for
2008 - 2011 of$2,364,000 each year and for 2012—2014 of$1,950,000 for each year, and
WHEREAS, the Town Assessor has reviewed the cases with Town Counsel and the
Assessor has recommended a settlement proposal to the Town Board, and
WHEREAS, officials of the Queensbury Union Free School District have approved
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 13
settlement on the proposed terms,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the
pending Article 7 cases against the Town brought by Adirondack Manor Homes for Adults for 2008
through 2014 concerning the property identified as Tax Map No.: 296.7-1-12, in accordance with
the following and as shown on accompanying Table A:
1) AMHA shall discontinue the 2008, 2009 and 2013 cases with no changes in
assessment and no refunds of property taxes.
2) For the 2010, 2011 and 2012 Assessment Rolls, the assessed value of the parcel
shall be revised to be $1,750,000 (One Million Seven Hundred Fifty Thousand
Dollars) for each year.
3) AMHA, which did not pay property taxes based on the 2010, 2011 or 2012
Assessment Rolls, shall pay taxes based on the revised assessment of$1,750,000 for
each of those years.
4) For the Assessment Rolls for 2014 through 2018, the assessment shall be based upon
a full market value of $1,000,000 (One Million Dollars), which will produce a
revised assessment, after applying the current 82% equalization rate, of$820,000 on
the 2014 Assessment Roll.
5) The Full Market Value specified above shall apply even after the upcoming Town-
wide revaluation but shall be subject to adjustment if the residential facilities or
other improvements on the property are destroyed, damaged, renovated or replaced.
6) All pending cases on the parcel shall be discontinued by the property owner.
and
BE IT FURTHER,
RESOLVED, the Town Board authorizes and directs payment of reimbursements to
Warren County of any amounts advanced to the Town and/or any applicable Special Districts
over and above the amounts that would have been paid to the Town and the applicable Special
Districts if the assessments for 2010, 2011 and 2012 had been $1,750,000 for each year and such
reimbursements shall be paid without interest and shall be paid within sixty (60) days after
Petitioner serves a copy of the filed Court Order approving the settlement, with Notice of Entry,
on the Town and the Warren County Treasurer, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents on behalf of
the Town and take any additional steps necessary to effectuate the proposed settlement in
accordance with the terms of this Resolution.
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 14
Duly adopted this 20th day of October, 2014, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
TABLE A
TAX MAP NO.: 296.7-1-12 (ADIRONDACK MANOR HOMES FOR ADULTS
—653 BAY ROAD)
ASSESSMENT CURRENT REVISED
ROLL YEAR ASSESSMENT ASSESSMENT REDUCTION
2008 2,364,700 NO CHANGE 0
2009 2,364,700 NO CHANGE 0
2010 2,364,700 1,750,000 614,700
2011 2,364,700 1,750,000 614,700
2012 1,950,000 1,750,000 200,000
2013 1,950,000 NO CHANGE 0
2014 1,950,000 820,000 1,130,000
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7
REAL PROPERTY ASSESSMENT CASES COMMENCED BY
BROTHERS, YOUNG AND OTHERS
RESOLUTION NO.: 370,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, John Brothers, Mary Beth Young, Richard Young and owners of 65 other
parcels of residential property previously joined together and commenced joint Article 7 Real
Property Assessment Review cases beginning in 2005 against the Town of Queensbury
concerning certain parcels of shoreline property located on Lake George and Glen Lake, with
each parcel developed with a single-family home and other improvements, and
WHEREAS, most of the property owners involved participated in the cases for only a
few years, and the Assessor reached out-of-Court settlements with most of them during the
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 15
intervening years, and
WHEREAS, all of the cases have all been resolved or abandoned for all years except for
the challenges on the three parcels owned by John Brothers (Tax Map #239.16-1-26), Mary Beth
Young (Tax map #227.13-2-14), and Richard Young (Tax Map #239.12-2-14), and
WHEREAS, the Assessor has reviewed these remaining cases with Town Counsel and
the Assessor has recommended a settlement proposal to the Town Board, and
WHEREAS, the Lake George Central School District has approved the proposed
settlement terms,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Town Board hereby approves the settlement of
the pending Article 7 cases against the Town brought by John Brothers, Mary Beth Young and
Richard Young for 2005 through and including 2014 in accordance with the following:
1) Assessments on the parcels shall be revised as shown in accompanying Table A.
2) Instead of the approximately $51,076 in total tax refunds that would be due based
upon the assessment reductions shown in Table A, a total refund of$40,538.38 shall
be paid to the one law firm representing Mr. Brothers and the Youngs for
distribution as agreed between and among themselves. The total of refunds to be
paid by or on behalf of the Town and Special Districts shall not exceed $5,250.00,
and shall be based upon the proportions of tax rates for the Town, County, School
District and Special Districts for the years at issue. No other refunds shall be paid by
the Town.
3) For the 2014, 2015 and 2016 Assessment Rolls, the assessment on the parcel owned
by Mary Beth Young, Tax Map #227.13-2-14, shall be based upon a Full Market
Value of$600,000 (Six Hundred Thousand Dollars).
4) For the 2014, 2015 and 2016 Assessment Rolls, the assessment on the parcel owned
by Richard Young, Tax Map #239.12-2-14, shall be based upon a Full Market
Value of$925,000 (Nine Hundred Twenty-Five Thousand Dollars).
5) For the 2014, 2015, 2016, 2017 and 2018 Assessment Rolls, the assessment on the
parcel owned by John Brothers, Tax Map # 239.16-1-26, shall be based upon a Full
Market Value of $1,295,000 (One Million Two Hundred Ninety-Five Thousand
Dollars).
6) Each of the Full Market Values specified above shall apply even after the upcoming
Town-wide revaluation but shall be subject to adjustment if the house or other
improvements on the property are destroyed, damaged, renovated or replaced.
7) All pending cases on all parcels shall be discontinued by the property owners,
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 16
and
BE IT FURTHER,
RESOLVED, the Town Board authorizes and directs payment of a refund as set forth
above, and such refund shall be paid without interest, provided it is issued within sixty (60) days
after Petitioner serves a copy of the filed Court Order approving the settlement, with Notice of
Entry, on the Warren County Treasurer, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents on behalf of
the Town and take any additional steps necessary to effectuate the proposed settlement in
accordance with the terms of this Resolution.
Duly adopted this 20th day of October, 2014, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
TABLE A
TAX MAP NO.: 227.13-2-14 (YOUNG—9 FIELDING LANE)
ASSESSMENT CURRENT REVISED
ROLL YEAR ASSESSMENT ASSESSMENT REDUCTION
2005 700,000 550,000 10,000
2006 700,000 44 ,000 255,000
2007 700,000 454,250 245,750
2008 700,000 474, 00 225,500
2009 700,000 532,000 168,000
2010 700,000 513,000 187,000
2011 525,000 NO CHANGE 0
2012 525,000 500,000 2 ,000
2013 525,000 492,000 33,000
2014 525,000 492,000 33,000
TAX MAP NO.: 239.12-2-14 (YOUNG—47 ASSEMBLY POINT ROAD)
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 17
ASSESSMENT CURRENT REVISED
ROLL YEAR ASSESSMENT ASSESSMENT REDUCTION
2005 90 ,800 800,000 10 ,800
2006 90 ,800 712,000 193,800
2007 90 ,800 711,000 194,800
2008 90 ,800 730,000 17 ,800
2009 90 ,800 798,000 107,800
2010 90 ,800 722,000 183,800
2011 806,700 800,000 6,700
2012 806,700 700,000 106,700
2013 806,700 758,500 48,200
2014 806,700 758,500 48,200
TAX MAP NO.: 239.16-1-26 (BROTHERS-12 TALL TIMBERS ROAD)
ASSESSMENT CURRENT REVISED
ROLL YEAR ASSESSMENT ASSESSMENT REDUCTION
2005 1,349,200 1,300,000 49,200
2006 1,349,200 1,112, 00 236,700
2007 1,349,200 1,066, 00 282,700
2008 1,349,200 1,241,000 108,200
2009 1,349,200 1,140,000 209,200
2010 1,349,200 1,064,000 28 ,200
2011 1,200,000 1,120,000 80,000
2012 1,160,000 1,040,000 120,000
2013 1,160,000 984,000 176,000
2014 1,160,000 1,061,900 98,100
RESOLUTION APPOINTING ANDREW ALLISON AS ALTERNATE
MEMBER OF TOWN OF QUEENSBURY ZONING BOARD OF APPEALS
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 18
RESOLUTION NO.: 371, 2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Town of Queensbury previously established the Town of Queensbury
Zoning Board of Appeals in accordance with applicable New York State law, and
WHEREAS, a vacancy for an alternate member position exists on the Zoning Board, and
WHEREAS, the Town Board interviewed candidates and wishes to appoint Andrew
Allison as an alternate member of the Zoning Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Andrew Allison to serve as
an alternate member of the Queensbury Zoning Board of Appeals, such term to expire on December
31 st, 2020.
Duly adopted this 20th day of October, 2014, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION REAPPOINTING ROY URRICO AS MEMBER OF
QUEENSBURY ZONING BOARD OF APPEALS
RESOLUTION NO.: 372, 2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Town of Queensbury previously established the Town's Zoning Board of
Appeals in accordance with applicable New York State law, and
WHEREAS, Roy Urrico's term on the Zoning Board of Appeals will expire as of December
31St, 2014 and Mr. Urrico has expressed his wish for reappointment,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby reappoints Roy Urrico to serve as a
member of the Queensbury Zoning Board of Appeals until his term expires on December 31, 2021.
Duly adopted this 20th day of October, 2014, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 19
ABSENT: None
*DISCUSSION HELD BEFORE VOTE*
COUNCILMAN CLEMENTS: He worked with Mr. Urrico for eight (8) years on the Zoning
Board. He found him to be very reliable, conscientious; a person of integrity and fairness in
working with the citizens and the property owners of Queensbury. Thanked him for his service
and stated that he is happy to vote for him.
3.0 CORRESPONDENCE- The Supervisor's report for Community Development/Building
and Codes for the month of September is on file in Town Clerk's Office.
4.0 PRIVILEGE OF THE FLOOR(LIMIT- 4 MINUTES)
JOHN SALVADOR-Spoke to the Board about authorizing the Bay Road Sewer Corridor study.
Questioned the Board concerning the public hearing being left open on the prohibition of parking
on Alexy Lane.
SUPERVISOR STROUGH- There is no action that requires the public hearing to be closed. If
the Board wants to act on it, they will.
5.0 TOWN BOARD DISCUSSIONS
COUNCILMAN VANNESS (WARD IV)-
• The rezoning of Main Street is complete and they are open for business. Although they
encourage two (2) story buildings one (1) story buildings are permitted.
• Complimented the court on their recent audit. They have a great staff.
• At last workshop the Board met with a couple of different companies and the Engineer in
reference to the Dixon Road Culvert. It looks as though they have found a way to take
care of the issue pretty quickly.
COUNCILMAN IRISH (WARD III)-
• There will be a public hearing here on Thursday night at 6:30pm on another phase of the
Warren County Airport runway extension. There will be a presentation and a public
comment session.
• Met with Parks and Recreation and law enforcement concerning issues around the Rush
Pond area. The Town Board has addressed the use of ATV's on park property. They will
be placing new signs regarding the use of motorized vehicles and firearms on park
property. Vandalism will not be tolerated and the Board has decided that enough has
occurred in the last few months that they are stiffening the fines. Violators will be fined
as follows: first offense: $250, second offense: $500 and third offense: $950.
COUNCILMAN CLEMENTS (WARD II)-
• Wished everyone a safe and Happy Halloween.
COUNCILMAN METIVIER(WARD I)-
• Kudos to whoever did the roadwork/resurfacing project on 9L between Cleverdale and
Lake George Village, they did a great job.
SUPERVISOR STROUGH-
• Reviewed the Queensbury Post. There are plenty of activities to choose from. If you are
fifty-five (55) or older and interested in becoming a member of the Queensbury Senior
Citizens call (518) 761-8224.
• Thanked Harry Troelstra from Garden Time who does the Bay and Quaker Road corner.
He receives a lot of compliments on that corner.
• Lake George Community Band is playing a 2014 salute to Veterans on Sunday,
November 9th at the Glens Falls High School Auditorium at 3pm. There will be free
admission for Veterans, $12 for adults, and $8 for those twelve (12) and under. Free
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 20
transportation for Veterans will be made available through Warren County Veterans
Services.
• Spoke regarding the memorial to honor Tom Jacobs.
• According to the New York State Office of Comptroller, the Town's fiscal stress score is
zero. This is a good thing.
RESOLUTION ENTERING EXECUTIVE SESSION
RESOLUTION NO.: 373, 2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. William VanNess
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and moves into Executive Session to discuss current litigation.
Duly adopted this 20th day of October, 2014, by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION ADJOURNING EXECUTIVE SESSION
RESOLUTION NO.: 374, 2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Executive Session and moves back into Regular Session.
Duly adopted this 20th day of October, 2014, by the following vote:
AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES: None
ABSENT: None
NO ACTION TAKEN
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 375, 2014
INTRODUCED BY: Mr. Brian Clements
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. William VanNess
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its
Regular Town Board Meeting.
REGULAR TOWN BOARD MEETING, 10-20-2014, MTG #38 21
Duly adopted this 20th day of October, 2014, by the following vote:
AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES: None
ABSENT: None
Respectfully Submitted,
Caroline H. Barber
Town Clerk
Town of Queensbury