2009-03-23 MTG#13TOWN BOARD MEETING 03-23-2009 MTG. #13
TOWN BOARD MEETING MTG. #13
MARCH 23, 2009 RES. 100-110
7:00 p.m.
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN METIVIER
Supervisor Stec -We changed the agenda around lunch time today, it looks like our
intentions are to complete the North Queensbury Volunteer Fire Company Contact Public
Hearing two weeks from tonight on April 6th and at that point quite possibly entertain a
resolution on that one as well as the resolution on the already closed public hearing for
the West Glens Falls Volunteer Fire Company contact.
1.0 PUBLIC HEARING
1.1 Public Hearing Approving Aeon News Corporation Request to Shift
Operations from Town of Queensbury to City of Glens Falls Located in
Warren County Empire Zone
NOTICE SHOWN
DATE OF PUBLICATION: 03-13-2009
Supervisor Stec-We were contacted by EDC Warren County awhile ago and the current
location for Aeon News is 14 Fort Amherst Road in Queensbury, basically there is just a
couple people that are operating out of their home and they want to grow their business
into an office. The office that they selected is located in Glens Falls. The rules
surrounding the administration of the Empire Zone requires that anytime a company
moves even within the County to another Town or City in the County they need a
supporting resolution from the Town that they are leaving. We have done this many
times before, and so certainly this is a good thing. They look like they are hoping to
immediately hire approximately six people to add to their current three employees. So, in
this economic time that is a good thing that we have got somebody that has been
fortunate in their endeavor to try and grow a business and we certainly want to encourage
that. But, this public hearing is part of the required process for the administration of the
Empire Zone Program at Warren County. With that said I will open the public hearing is
there any member of the public that would like to comment on this public hearing? (No
one spoke) I will close this public hearing.
Councilman Montesi-I would like to just ask a question.
Supervisor Stec-You may.
Councilman Montesi-Three employees would qualify for the Empire Zone?
Supervisor Stec-Jen do you want to maybe field that question? They are not currently an
Empire Zone Company are they or aren't they?
Ms. Jennifer Switzer-No. Jennifer Switzer, on 40 Brickoven Road Queensbury They are
currently not an Empire Zone Certified Business, that is one of the reasons that we need
the shift resolution. Where they are moving to in down town Glens Falls they are
required to have three new employees and at least an investment of fifty thousand dollars
and they do meet that requirement.
TOWN BOARD MEETING 03-23-2009 MTG. #13
Councilman Montesi-Thank you.
Councilman Brewer-Those are the only two requirements?
Ms. Switzer-No, those are not the, the property has to be located in an Empire Zone, it
has to meet our development plan, that is part of our development plan, it has to be the
type of business
Councilman Brewer-It has to be within that particular area.
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Ms. Switzer-Right, and it has to meet a cost benefit ratio so for every dollar of tax credit
that they are receiving they have to make an investment and or the salaries and benefits
have to be twenty to one for every dollar that they receive. They far exceeded that based
upon the type of investment that they are making and the type of salaries that they will be
paying to their employees.
Councilman Brewer-Great, I wish them luck.
Councilman Strough-Good luck.
Supervisor Stec-Thank you, Jen. Any other comment. (No Other Comments) All right
the public hearing is closed.
RESOLUTION APPROVING AEON NEXUS CORPORATION'S
REQUEST TO SHIFT OPERATIONS FROM TOWN OF
QUEENSBURY TO CITY OF GLENS FALLS LOCATED IN
WARREN COUNTY EMPIRE ZONE
RESOLUTION NO.: 100, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Aeon News Corporation (Aeon) is a company located on 14 Fort
Amherst Road in the Town of Queensbury and such Company is an IT products and
services company with their primary focus on spend management, and
WHEREAS, Aeon has recently purchased a building in downtown Glens Falls to
accommodate their current business plan to permanently locate their business in Warren
County, and
WHEREAS, Aeon expects to hire approximately six (6) employees to their
current three (3) employees in the current year, and
WHEREAS, relocation of its office will allow growth and increase visibility, and
TOWN BOARD MEETING 03-23-2009 MTG. #13
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WHEREAS, Aeon News has decided to relocate from its 14 Fort Amherst Road,
Queensbury site to the City of Glens Falls located in the Warren County Empire Zone,
this relocation meeting many of the goals and objectives of the Zone Development Plan
of Warren County, and
WHEREAS, in accordance with New York State General Municipal Law §959
(a)(iii), Barton must secure the approval of the Town of Queensbury in order to relocate
to the City of Glens Falls located in the Warren County Empire Zone, and
WHEREAS, the Queensbury Town Board duly conducted a public hearing and
heard all interested persons on Monday, March 23rd, 2009 concerning Aeon's proposed
relocation,
NOW, THEREFORE BE IT
RESOLVED, in accordance with New York State General Municipal Law §959
(a)(iii), the Queensbury Town Board hereby approves the proposal by Aeon News
Corporation to shift its operations from its 14 Fort Amherst Road, Queensbury site to the
City of Glens Falls located in the Warren County Empire Zone, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to
sign any documentation and take any action necessary to effectuate the terms of this
Resolution.
Duly adopted this 23rd day of March, 2009 by the following vote:
AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES :None
ABSENT :None
2.0 PRIVILEGE OF THE FLOOR
Mr. Pliney Tucker-41 Division Road Why were the two resolutions on the fire
companies were delayed.
Supervisor Stec-Last week the Town Board met with the two fire companies to talk about
essentially the language that pertained to their associations and how the town is going to
treat the associations what kind of contractual relationship we are going to have with
them to understand the operations of the association. It was my understanding there was
a tentative agreement in principal was reached but the attorney has not finalized the
TOWN BOARD MEETING 03-23-2009 MTG. #13 4
actual language itself. It is not ready for the public to view it is not ready for us to sign
tomorrow, so rather than try to put it together and say well we will just sign it at a later
date we figured we will wait two weeks and take care of it then. We are going to be
satisfied with a copy of their 990 tax form on the separate association 501-C3 and that
will have the financial data the Town is interested in.
Mr. Tucker-When did you and Tim come on the Board?
Supervisor Stec-January 1st 2000.
Mr. Tucker-What is the story on Exit 18?
Supervisor Stec-We have been working with the utility companies and property
acquisition companies to secure the easements that we need. The appraisals have been
done on all but one, of the eighty six properties that we needed, they are in the process of
making offers to acquire those easements. We have been working out the issues with the
utilities I expect sometime in April we will have some sort of Town Board action
regarding the underground utilities and who is paying for what in order to have that
project move forward.
Mr. Tucker-Has the County gone out to bid on road itself?
Supervisor Stec-No, because they are waiting for the utilities work agreements to be
finished. They are also in the process of acquiring their properties. They will hopefully
go out to bid in September.
Councilman Brewer-The first part of it will be water and sewer and utilities.
Mr. Tucker-Questioned if we would have a chance at the stimulus monies for this
project?
Supervisor Stec-Our consultant Barton and Loguidice is looking at that.
Mr. Tucker-Regarding the fire company public hearing one, will have a hearing, will we
be able to talk on both of them?
Supervisor Stec-One will be a resolution that can be commented on during Privilege of
the Floor the other during the public hearing.
Mr. John Salvador-Re: Fire Company Budgets and Contracts and the transfer and selling
of assets the question is who owns the assets.
Supervisor Stec-That has been answered.
Mr. Salvador-North Queensbury Volunteer Fire Company transferred assets quite some
time ago, a question came up if you sell the old fire house where does the money go?
The answer was we will put it on the mortgage for the new fire house. That is acceptable.
I looked into that, the old fire house was sold to related parties, all long standing
members of the North Queensbury Emergency Service. I have foiled this and have not
gotten an answer, that any appraisal was made on the property, the tax stamp shows the
sale price was $150,000. There is no record of any mortgage, it must have been a cash
sale. Where did the money go? I foiled the contract for North Queensbury Vol. Fire
Company for the year 1997. I got a document that covered a three year contract period,
1997-98-99. The situation that was in place for those three years but sometime after this,
this subject disappeared, it disappeared during the time that Mr. Stec and Mr. Brewer
came on to this Board as they just previously mentioned.
Councilman Brewer-Having said that John it did not have anything to do with us coming
onto the Board, let me just make that point because we were unaware of it.
Mr. Salvador-The contract lists payment made to the Fire Company for three years. The
point is the monies provided pursuant to this agreement shall be used in accordance with
TOWN BOARD MEETING 03-23-2009 MTG. #13
the budget that was submitted by the fire company. Any money that is left over in any
particular budget line shall be used for either one of two purposes. A, as an off setting
against expenses for next year and B, for the purposes of reducing any debt. Why isn't
that condition in our current contract?
Councilman Brewer-In my mind it is covered in the contact in that if any thing is sold
over a certain dollar amount they have to tell us that they are selling it. I have always
insisted that the money or proceeds be applied to debt.
Mr. Salvador-There are three parts to the contact, 1. Truck fund 2. Mortgage on building
3. Operating Expenses. At the present time all five companies have on their balance
sheet close to a million dollars in reserve funds, funds left over they are not being used to
reduce next years budget.
Supervisor Stec-That money is not being transferred into another 501-C3, they are in
restricted accounts that they have to come back to the town to use.
Councilman Strough-I think what John is saying, if a Fire Company has money left over
from a previous year that should at least be rolled over to this year budgets. Is there a
clause in this years contract that says that? I will check into that.
Councilman Brewer-I agree with that philosophy.
Supervisor Stec-We can look into that.
Mr. Mike Bardone-West Mountain Ski Center-I would like to commend the code
enforcers and fire marshal for all their help ... I want to do more activities in the summer
time, to help keep the West Mountain Grill open year round. ... Activities proposed
Mountain biking, ATV rides and also paint ball... what do I have to do
Supervisor Stec-Need to contact Community Development, Craig Brown, you may need
site plan review and you will need to get started as soon as possible to get on their
agenda.. .
Mr. Barbone- The ATV rides would be private runs bringing them to a certain spot and
lunches and stuff like that nothing crazy.
Councilman Metiver-I think the Paint Ball will be the biggest issue, keep it as far south as
possible.
Privilege of the Floor-Closed
3.0 RESOLUTIONS
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
EXTENSION TO QUEENSBURY CONSOLIDATED WATER
DISTRICT TO SERVE THE CERRONE SUBDIVISION
RESOLUTION NO.: 101, 2009
INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
TOWN BOARD MEETING 03-23-2009 MTG. #13
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WHEREAS, the Town of Queensbury wishes to extend the Queensbury
Consolidated Water District to serve a relatively small portion of the Cerrone Subdivision
(Subdivision) on the west side of Corinth and West Mountain Roads in the Town of
Queensbury in accordance with New York Town Law Article 12-A, and
WHEREAS, this small portion of nine (9) lots in the Subdivision is necessary
only to include all developable portions of nine (9) lots which already were in the
Queensbury Consolidated Water District and which already were benefited by the Water
District, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared
by Nace Engineering, P.C., concerning the proposed water district extension to include
this small portion of these lots and will connect the Subdivision to the existing
Queensbury Consolidated Water District water main along West Mountain and Corinth
Roads as more specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town
Clerk's Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries
of the proposed water district extension, a general plan of the proposed
system, a report of the proposed method of operation, the source of
water supply and mode of constructing the proposed water district
extension improvements, and
WHEREAS, this action is a Type II action per NYCRR §617.5(c)(11), so SEQRA
review is not required,
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The boundaries of the proposed Water District are as set forth in the Map,
Plan and Report and as follows:
All that certain piece or parcel of land situate, lying and being in the Town
of Queensbury, County of Warren and the State of New York, more particularly
bounded and described as follows: BEGINNING at THE NORTHEASTERLY
CORNER OF THE LANDS CURRENTLY OWNED BY Robert McDonald in
the southerly bounds of lands owned by Cerrone Builders Inc. by deed book 345
at page 173; thence running in a northerly direction through the lands of Cerrone
Builders Inc., North 06 degrees, 20 minutes and 56 seconds East, a distance of
2577.55 feet to a point in the northerly bounds of the lands of Cerrone Builders
TOWN BOARD MEETING 03-23-2009 MTG. #13
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Inc. by deed book 3435 at page 173 and the southerly bounds of lands of East
Slope Holdings, LP by deed book 1355 at page 272, said point also being located
in the westerly bounds of the existing Queensbury Consolidated Water District;
thence running in a southerly direction along the westerly bounds of the existing
Queensbury Consolidated Water District, 2700.00+/- feet to the place and point of
beginning, containing 10.6 acres of land to be the same more or less.
Bearings in the above description refer to magnetic of 1999.
SUBJECT to easements of record.
2. The proposed improvements consist of construction of infrastructure to
support the Subdivision in order to access the Town's water main along the West
Mountain and Corinth Roads. All individual water service connections from the water
main to the edge of the Town highway right-of--way including the corporation stop, the
copper service pipe, curb stop and curb box will be installed by the subdivision developer
during the construction of the road and water distribution system. The connection from
the property line to the individual houses will be done at the time of construction of the
individual houses. All new installations and taps will be coordinated with the Town of
Queensbury Water Department. Maintenance of the existing and new facilities will be
provided by the Town of Queensbury Water Department. The vast majority of these lots
were already in the Water District.
3. All capital costs associated with installation of the water distribution
facilities including labor, materials and equipment will be paid by the subdivision
developer. There will be no financing cost or tax increase in the existing Queensbury
Consolidated Water District.
4. The capital improvements necessary for this service area were provided
and paid for by the Subdivision developer and so there will be no debt service costs
related to this District Extension to the District. The estimated annual cost of the District
Extension is not relevant to this Extension as every lot which has property within the
Extension already was in the Water District and there are no new lots being served. The
typical property which has property included in the District Extension having assessed
value at $350,000, which typical property is a typical one family home, will have an
estimated annual cost for operation and maintenance and other charges (assuming an
average water usage) of $609. All individual water service connections will be installed
by the subdivision developer during the construction of the road and water distribution
system and such portion of the water service connection will be done at the expense of
the subdivision developer and there will be no cost to the individual homeowner or the
Queensbury Consolidated Water District. The connection from the property line to the
individual houses will be done at the time of construction of the individual homes and
TOWN BOARD MEETING 03-23-2009 MTG. #13 g
will be the responsibility of the individual homeowners. The cost of a typical 3/a" service
connection from the property line to the house will be in the range of $500 to $3,000
depending on the length of pipe required. All service connection construction shall be
done to Queensbury Water Department Standards and subject to their inspection.
5. A detailed explanation of how the estimated costs of the District Extension
were computed is included in the Map, Plan and Report which has been filed with the
Queensbury Town Clerk and is available for public inspection. The maximum estimated
cost of the improvements which actually only includes providing water to those portions
of such lots that were already within the bounds of the existing Water District, is
$125,000.
6. The developer of the Subdivision will pay all costs of the improvements so
there will be no financing required by the Town on behalf of the District.
7. The proposed improvements shall be constructed and installed as
specifically delineated in the Map, Plan and Report and in full accordance with the Town
of Queensbury's specifications, ordinances or local laws, and any State laws or
regulations, and in accordance with approved plans and specifications and under
competent engineering supervision.
8. In accordance with Town Law §206-a, all future expenses of the
Queensbury Consolidated Water District, including all extensions heretofore or hereafter
established, shall be a charge against the entire area of the District as extended.
9. The Town Board shall meet and hold a public hearing at the Queensbury
Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, April 6th, 2009 to
consider the Map, Plan and Report and to hear all persons interested in the proposal and
to take such other and further action as may be required or authorized by law.
10. The Town Board hereby authorizes and directs the Queensbury Town
Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty
(20) days before the public hearing date, as required by Town Law §209-d, and complete
or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2)
Affidavits of Posting of Notice of the Public Hearing required hereby and to file a
certified copy of this Order with the State Comptroller on or about the date of
publication.
Duly adopted this 23rd day of March, 2009, by the following vote:
AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
TOWN BOARD MEETING 03-23-2009 MTG. #13
NOES :None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS -
WARRANT OF MARCH 24~, 2009
RESOLUTION NO.: 102, 2009
INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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WHEREAS, the Queensbury Town Board wishes to approve the audit of bills
presented as the Warrant with a run date of March 19th, 2009 and a payment date of March
24th, 2009,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a
run date of March 19th, 2009 and payment date of March 24th, 2009 totaling $1,519,092.80,
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 23rd day of March, 2009, by the following vote:
AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR
MULTI-USE TRACTOR WITH SNOW BLOWER FOR
TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 103, 2009
TOWN BOARD MEETING 03-23-2009 MTG. #13
INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
10
WHEREAS, the Town of Queensbury Highway Superintendent wishes to advertise
for bids for the purchase of a new, unused, multi-use tractor with snow blower to remove
snow from State and County sidewalks as will be specified in bid specifications to be
prepared by the Highway Superintendent and/or Purchasing Agent, and
WHEREAS, General Municipal Law § 103 requires that the Town advertise for bids
and award the bids to the lowest responsible bidder(s) meeting New York State statutory
requirements and the requirements set forth in the Town's bidding documents,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town's Purchasing Agent to publish an advertisement for bids for a new, unused, multi-use
tractor with snow blower for the Town Highway Department, in the official newspaper for
the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Purchasing
Agent to open all bids received, read the same aloud and record the bids as is customarily
done and present the bids to the next regular or special meeting of the Town Board.
Duly adopted this 23rd day of March, 2009, by the following vote:
AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES :None
ABSENT: None
RESOLUTION AUTHORIZING AMENDMENT AGREEMENT WITH
WARREN COUNTY BOARD OF ELECTIONS REGARDING CARE,
CUSTODY AND CONTROL OF VOTING MACHINES, APPLIANCES
AND EQUIPMENT RELATING TO OR USED IN CONDUCT OF
ELECTIONS
RESOLUTION NO. 104.2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED FOR ITS ADOPTION
TOWN BOARD MEETING 03-23-2009 MTG. #13
SECONDED BY: Mr. Anthony Metivier
11
WHEREAS, by Resolution No.: 146, 2006, the Queensbury Town Board authorized
a Voting Machine and Polling Location Agreement (Agreement) with the Warren County
Board of Elections (Elections Board) to provide temporary assistance to the Elections Board
regarding the securing of polling sites, poll site setup, storage and delivery of lever machines
currently being used for all elections, and
WHEREAS, since the time that the original Agreement was executed, the Elections
Board Commissioners have requested that changes be made to the original Agreement to
clarify and address elections occurring after 2007 until new voting machines are acquired by
the County to replace the lever machines, and
WHEREAS, Warren County has presented the Town Board with an Amendment
Agreement and it has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
Amendment Agreement (Agreement) between the Warren County Board of Elections and
Town of Queensbury as described in the preambles of this Resolution, in substantially the
form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute the Agreement substantially in the form presented at this meeting and
in such form acceptable to Town Counsel and the Town Clerk, and consistent with the terms
and provisions of this Resolution, and
BE IT FURTHER,
RESOLVED, the Town Board further authorizes and directs the Town Supervisor
and/or Town Clerk to execute and deliver such other documents and take such other and
further action as maybe necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution shall take effect immediately upon its adoption
and all prior Resolutions or parts thereof inconsistent are herewith repealed.
TOWN BOARD MEETING 03-23-2009 MTG. #13
Duly adopted this 23rd day of March, 2009, by the following vote:
AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY MICHAEL CANTANUCCI
RESOLUTION N0.:105, 2009
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
12
WHEREAS, Michael Cantanucci previously commenced Article 7 Real Property
Assessment Review cases in 2005 - 2008 against the Town of Queensbury concerning the
assessment on certain property located at 39 Brayton Lane, Town of Queensbury -Tax
Map Nos.: 239.12-2-70 and 239.12-2-89.2, (hereinafter the "Property"), 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, it is anticipated that the Lake George Central School District will
approve the proposed settlement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of
the pending Article 7 proceedings filed by Michael Cantanucci as follows:
1. The assessments on the Property on the 2005, 2006, 2007 and 2008
assessment rolls shall be set as follows:
39 Brayton Lane, Town of Queensbury -Tax Map No.: 239.12-2-70:
TOWN BOARD MEETING 03-23-2009 MTG. #13
ASSESSMENT ROLL
2005
2006
2007
2008
CURRENT ASSESSMENT
$4,500,000
$4,500,000
$4,500,000
$4,500,000
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REDUCED ASSESSMENT
$3,900,000
$3,800,000
$3,700,000
$3,600,000
39 Brayton Lane, Town of Queensbury -Tax Map No.: 239.12-2-89.2:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $117,000 $117,000
2006 $117,000 $117,000
2007 $117,000 $117,000
The provisions of Real Property Tax Law Section 727 (RPTL §727) shall apply only to
that portion of the Property identified by Tax Map No. 239.12-2-70, meaning that subject
to the provisions of RPTL §727, the assessed valuation of the parcel identified by Tax
Map No. 239.12-2-70, appearing on the 2009, 2010 and 2011 assessment rolls, shall be
$3,600,000.
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs that any over-payment of
taxes based upon the assessments prior to reduction for the years 2005, 2006, 2007 and
2008 shall be refunded, without penalty or interest, by the Town (and School District) in
amounts proportionate to receipt and such refunds shall be paid within forty-five (45)
days after service upon the taxing authorities of the Order approving settlement with
Notice of Entry, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute
settlement documents and take any additional steps necessary to effectuate the proposed
settlement in accordance with the terms of this Resolution.
Duly adopted this 23rd day of March, 2009 by the following vote:
AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES None
ABSENT: None
TOWN BOARD MEETING 03-23-2009 MTG. #13
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY TOP OF THE WORLD GOLF RESORT, INC.,
JIM FEENEY; LOST CHALETS, LLC; TOP OF THE WORLD
WATER CO., INC.; AND
TOP OF THE WORLD SEWER CO., INC.
RESOLUTION NO.: 106, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
14
WHEREAS, Top of the World Golf Resort, Inc., Jim Feeney, Lost Chalets, LLC,
Top of the World Water Co., Inc., and Top of the World Sewer Co., Inc., (Top of the
World) previously commenced Article 7 Real Property Assessment Review cases in 2005
and 2006 against the Town of Queensbury concerning the assessment on certain
properties located at 441 Lockhart Mountain Road, Town of Queensbury -Tax Map
Nos.: 252-1-5.1, 252-1-6, 252-1-12, 252-1-13.1, 252-1-13.2, 252-1-15, 252-1-16, 252-1-
18, 252-1-19, 252-1-27 and 265-1-53, (hereinafter the "Property"), 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, it is anticipated that the Lake George Central School District will
approve the proposed settlement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of
the pending Article 7 proceedings filed by Top of the World Golf Resort, Inc., Jim Feeney,
Lost Chalets, LLC, Top of the World Water Co., Inc., and Top of the World Sewer Co.,
Inc., (Top of the World) as follows:
TOWN BOARD MEETING 03-23-2009 MTG. #13
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2. The assessments on the Property on the 2005 and 2006 assessment rolls
shall be set as follows:
441 Lockhart Mountain Road, Town of Queensbury -Tax Map No.: 252-1-5.1:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $459,700 $39,500
2006 $459,700 $39,500
441 Lockhart Mountain Road, Town of Queensbury -Tax Map No.: 252-1-6:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $185,500 $5,000
2006 $185,500 $5,000
441 Lockhart Mountain Road, Town of Queensbury -Tax Map No.: 252-1-12:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $94,200 $94,200
2006 $94,200 $94,200
441 Lockhart Mountain Road, Town of Queensbury -Tax Map No.: 252-1-13.1:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $369,600 $12,800
2006 $369,600 $12,800
441 Lockhart Mountain Road, Town of Queensbury -Tax Map No.: 252-1-13.2:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $27,600 $27,600
2006 $27,600 $27,600
441 Lockhart Mountain Road, Town of Queensbury - Tax Map No.: 252-1-15:
ASSESSMENT CURRENT REDUCED
ROLL ASSESSMENT ASSESSMENT
2005 $1,113,000 $865,000
2006 $1,323,000 $865,000
441 Lockhart Mountain Road, Town of Queensbury -Tax Map No.: 252-1-16:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $25,000 $3,800
2006 $25,000 $3,800
441 Lockhart Mountain Road, Town of Queensbury -Tax Map No.: 252-1-18:
ASSESSMENT ROLL CURRENT ASSESSMENT REVISED ASSESSMENT
2005 $227,300 $429,600
2006 $723,000 $429,600
441 Lockhart Mountain Road, Town of Queensbury -Tax Map No.: 252-1-19:
TOWN BOARD MEETING 03-23-2009 MTG. #13
ASSESSMENT ROLL
2005
2006
CURRENT ASSESSMENT
$75,500
$75,500
16
REDUCED ASSESSMENT
$5,000
$5,000
441 Lockhart Mountain Road, Town of Queensbury -Tax Map No.: 252-1-27:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $81,000 $9,000
2006 $81,000 $9,000
441 Lockhart Mountain Road, Town of Queensbury -Tax Map No.: 265-1-53:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $38,100 $5,000
2006 $38,100 $5,000
2. That, as part of the negotiated settlement of these proceedings, the
assessments of the following parcels, also owned by Top of the World but which were
not subject to these proceedings, shall be set as follows:
Lands of Lost Chalets, LLC -Tax Map No.: 252.39-1-8:
ASSESSMENT ROLL CURRENT ASSESSMENT REVISED ASSESSMENT
2005 $5,700 $142,400
2006 $242,400 $142,400
Lands of Lost Chalets, LLC -Tax Map No.: 252-1-9:
ASSESSMENT ROLL CURRENT ASSESSMENT REVISED ASSESSMENT
2005 $17,700 $17,700
2006 $17,700 $17,700
"Fischer Parcels" -Tax Map Nos.: 265-1-52 and 252-1-8, 10, 11, 14 and 54
(Combined total assessment after exemptions):
ASSESSMENT ROLL CURRENT ASSESSMENT REVISED ASSESSMENT
2005 $340,600 $340,600
2006 $340,600 $340,600
These parcels shall not be subject to refund of over-payment or demand for payment of
any under-payment of taxes caused by this reassessment.
3. The total taxable assessment for all prc
follows:
TOTAL ASSESSMENT CURRENT
ROLL ASSESSMENT
2005 $3,060,700
2006 $4,002,600
>perties of Petitioners shall be as
REDUCED
ASSESSMENT
$1,997,200
$1,997,200
TOWN BOARD MEETING 03-23-2009 MTG. #13 I7
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs that any over-payment of
taxes based upon the assessments prior to reduction for the years 2005 and 2006 shall be
refunded, without penalty or interest, by the Town (and School District) in amounts
proportionate to receipt and such refunds shall be paid within forty-five (45) days after
service upon the taxing authorities of the Order approving settlement with Notice of
Entry, however, there will be no refunds for the properties identified in paragraph 3
above, for which no Petitions were filed, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute
settlement documents and take any additional steps necessary to effectuate the proposed
settlement in accordance with the terms of this Resolution.
Duly adopted this 23rd day of March, 2009 by the following vote:
AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION AUTHORIZING PITNEY BOWES DIGITAL
MAILING SYSTEM EQUIPMENT MAINTENANCE AND
SUBSCRIPTION CONTRACT
RESOLUTION NO.: 107, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury's Town Clerk and Technology Coordinator
have requested Town Board approval to enter into a Digital Mailing System Equipment
Maintenance and Subscription Contract with Pitney Bowes, and
TOWN BOARD MEETING 03-23-2009 MTG. #13
Ig
WHEREAS, New York State Bidding is not required as the purchase price for such
Maintenance and Subscription Contract is in accordance with New York State Contract No.:
PC61730 pricing, and
WHEREAS, moneys for such proposed purchase are included in the 2009 Town
Budget,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Digital
Mailing System Equipment Maintenance and Subscription Contract with Pitney Bowes in
accordance with New York State Contract No.: PC61730 pricing for an amount not to
exceed $888 monthly for 51 months, to be paid for from the appropriate account(s) as will
be determined by the Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to sign any necessary Purchase and/or Maintenance Agreement and any other
needed documentation, and the Town Supervisor, Town Clerk, Technology Coordinator
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 23rd day of March, 2009, by the following vote:
AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES None
ABSENT: None
RESOLUTION AUTHORIZING SALE OF AND ACCEPTING BID
FOR SALE OF OBSOLETE VEHICLE IN WASTEWATER
DEPARTMENT
RESOLUTION N0.:108, 2009
INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
TOWN BOARD MEETING 03-23-2009 MTG. #13
19
WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury
Town Board may authorize the sale of items which are no longer needed by the Town or are
worn-out or obsolete, and
WHEREAS, the Town's Wastewater Director declared a 2001 Ford F-350 4x4
Truck as surplus, and
WHEREAS, the Wastewater Director advised Town Departments of the surplus
truck and did not receive any requests from the Departments for the truck, and
WHEREAS, by Resolution No.: 70,2009, the Town Board approved the sale of the
surplus truck and authorized the Town Purchasing Agent to publish an advertisement for
bids to sell the truck, and
WHEREAS, in accordance with Resolution No.: 70,2009, the Town's Purchasing
Agent published an advertisement for bids to sell the truck in the official newspaper for the
Town of Queensbury and nine (9) bid proposals were received, opened and reviewed by the
Town's Purchasing Agent, and
WHEREAS, General Services submitted the highest bid for the purchase of the
truck and therefore the Town's Purchasing Agent and Wastewater Director have
recommended that the Town Board accept such bid,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the sale of the
2001 Ford F-350 4x4 Truck used by the Wastewater Department that is no longer needed by
the Town or is worn-out or obsolete, and is sold in "as-is/where-is" condition, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby accepts the high bid of
$3,717.27 from General Services with funds received for the sale to be deposited into the
proper Town Wastewater Account, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor,
Wastewater Director, Purchasing Agent and/or Town Budget Officer to take any and all
action necessary to effectuate the terms of this Resolution.
TOWN BOARD MEETING 03-23-2009 MTG. #13
Duly adopted this 23rd day of March, 2009, by the following vote:
AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES None
ABSENT: None
20
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN
OF QUEENSBURY AND PARAGON ENGINEERING, P.L.L.C.
RESOLUTION N0.:109, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, by Resolution No.: 296,2007, the Queensbury Town Board authorized
an Agreement with Paragon Engineering, P.L.L. C., (Paragon) for engineering related review
of applications for site plans and subdivisions as deemed appropriate by the Town Planning
Board, and for civil engineering consultation services as requested by the Town Board on an
as-needed basis, and
WHEREAS, the Town Board wishes to enter into such an Agreement with Paragon
for the year 2009,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes an Agreement for
Consultant Services (Agreement) between the Town of Queensbury and Paragon
Engineering, P.L.L. C., (Paragon) and authorizes and directs the Town Supervisor to sign
such Agreement in form acceptable to the Town Supervisor, Code Compliance
Officer/Zoning Administrator and Town Counsel, and
BE IT FURTHER,
RESOLVED, that for the engineering related review of applications for site plans
and subdivisions as deemed appropriate by the Town Planning Board, Paragon shall provide
services for the amount of $110 per hour and for the civil engineering consultation services
requested by the Town Board on an as-needed basis, Paragon shall provide services at the
rate of $110 per hour, as generally described in Paragon's February 2"d, 2009 letter
presented at this meeting, and
TOWN BOARD MEETING 03-23-2009 MTG. #13
BE IT FURTHER,
21
RESOLVED, that payment for all such services shall be from the appropriate Town
accounts as maybe determined by the Town Supervisor and/or Town Budget Officer, 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 23rd day of March, 2009, by the following vote:
AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES None
ABSENT : None
4.0 CORRESPONDENCE
4.1 February Monthly Report Community Development on file
4.2 Petition signed by over fifty Queensbury Residents requesting a
light on Bay Road corner of Willowbrook and Bay Bridge Road
Supervisor Stec-Requested that the Town Clerk send a copy of the petition to Warren
County DPW, Stu Baker, Craig Brown and Queensbury Highway Dept.
5.0 TOWN BOARD DISCUSSIONS
WARD IV- Tim Brewer-no comment at this time
WARD III- John Strough
1. Noted last month's National Geographic had an article on spike in the use of
bicycles.
2. Queensbury Senior Citizens Monthly letter, full of events and activities for
area Seniors 55 or older, look into this program call Center Coordinator
Karen Bodenweiser 761-8224
WARD II- Ronald Montesi
1. I will be attending the APA Local Government Day tomorrow...the APA will
be working on our proposed Zoning, they have sent in some changes to be
made, we would like to be on the agenda for April to get this passed.
WARD I- Anthony Metivier - no comment at this time
SUPERVISOR STEC-
1. Thanked TV-8 and our sponsors for televising our meetings
2. Spoke on Open Meetings Week Thanked Darleen Dougher for her
work on FOIL requests, noted Queensbury was one of the first in the
TOWN BOARD MEETING 03-23-2009 MTG. #13 22
area with a first class web site ,also one of the few municipalities in
the area to televise our meetings. I am very proud of our openness
here.
3. Queensbury is in a fine position to weather the financial storm...we
have many wise decisions over the years.
4. We are hoping to hear from the APA in April and then we can adopt
the Zoning Code.
WARD I- Anthony Metivier -noted the passing of our former Councilman Dick
Merrill
SUPERVISOR STEC-Thank you Tony, to remind me the passing of a really wonderful
individual that everyone on this Board knew, a lot of people in this town a
an awful lot of people in Town Government, certainly like Pliney who was
on the Town Board in the past. But, Dick Merrill was a wonderful
gentleman, a good friend and dedicated servant to the public. He was in
an environment such as this that is dominated by colorful personalities and
frankly a little bit of showmanship from time to time and certainly ego's.
Dick Merrill was not one to beat his own chest or display a lot a self pride
or enthusiasm for the back and forth of politics. He was truly in it for
public service and doing the right thing in his mind, he was a nose to the
grindstone very factual and very methodical person. He just gave so much
of himself not just to the Town but to the Library, and to many other
organizations, the Historical Society and I know his loss is deeply
mourned by Marilyn VanDyke in particular. I know that they had a very
close bond. But, my heart goes out his widow Mary on his untimely
death, doing something that he loved. We will miss him, I know that I
speak for the whole Town Board when we say that Dick was a great
Queensburian and we will miss him and the contributions that he made
over the years to the town. He was a wonderful person, grandfatherly
figure if you will to a lot of activities in the Town.
RESOLUTION ADJOURNING TOWN BOARD MEETING
RESOLUTION NO. 110, 2009
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 Town
Board Meeting.
Duly adopted this 23rd day of March, 2009 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
Respectfully,
Miss Darleen M Dougher
Town Clerk-Queensbury