2012-07-16 Mtg 16 REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 348
REGULAR TOWN BOARD MEETING MTG. # 16
July 15, 2012 RES. 206-220
7:00 PM BOH 14-16
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
PRESS
POST STAR
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PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER
SUPERVISOR STEC OPENED MEETING
1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 206, 2012
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the
Queensbury Board of Health.
Duly adopted this 16th day of July, 2012 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
QUEENSBURY BOARD OF HEALTH
ANTHONY DIBELLA SEPTIC VARIANCE APPLICATION
SUPERVISOR STEC- This is for property located at 88 Rockhurst Road in Queensbury. It's to
allow an absorption field one foot from the westerly property line in lieu of ten feet and three feet
from the northern property line in lieu of ten feet. This public hearing will be held on Monday
August 6t1i 2012 seven o'clock here in the Activities Center.
COUNCILMAN STROUGH- Can we
SUPERVISOR STEC- Yes
COUNCILMAN STROUGH- Dennis
SUPERVISOR STEC- Good evening Dennis
DENNIS MACELROY- Good Evening
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 349
COUNCILMAN STROUGH- Thanks for taking the proactive approach in using current
COUNCILMAN BREWER- John, they can't hear you
COUNCILMAN STROUGH- Yea, thanks for taking the proactive approach in giving us
something that's state of the art and will take up less space and is more efficient and everything
else. The only question I'm going to have when it comes to August 6th is soil type, depth of
ground water, those kinds of questions
MR. MACELROY- Yes
COUNCILMAN STROUGH- So, if you can get that
MR. MACELROY- Yes, certainly
COUNCILMAN STROUGH- You know, I was happy to see that you didn't try and squeeze in
the old traditional system in here and then we would have to ask you to come back again. Okay?
MR. MACELROY- Good
COUNCILMAN STROUGH - Thank you
MR. MACELROY- Thank you
SUPERVISOR STEC- Thanks Dennis
COUNCILMAN MONTESI- Dennis, I visited a site and obviously pretty tough working with
the conditions that exist there but at least it's an improvement over the old system. It almost
seems ludicrous at some points some of the houses the way that they're set up on Rockhurst but
what are we going to do?
MR. MACELROY- Right, it's a difficult site and really the mitigation is to use the advanced
treatment that's being proposed
COUNCILMAN STROUGH- Okay
SUPERVISOR STEC- All right, thanks. Any other discussion on setting this public hearing?
Again, it will be on August 6t1i 2012 seven o'clock here in the Activities Center. Let's go ahead
and vote
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF ANTHONY DIBELLA
RESOLUTION NO.: BOH 14,2012
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and
is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage
Disposal Ordinance, and
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 350
WHEREAS, Anthony DiBella has applied to the Local Board of Health for two (2)
variances from Chapter 136 to allow an absorption field to be located:
1. 1' from the westerly property line in lieu of the required 10' setback; and
2. 3' from the northerly property line in lieu of the required 10' setback;
on property located at 88 Rockhurst 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, August 611i 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay
Road, Queensbury, to consider Anthony DiBella's sewage disposal variance application concerning
property located at 88 Rockhurst Road in the Town of Queensbury (Tax Map No.: 227.13-2-40)
and at that time all interested persons will be heard, and
BE IT FURTHER,
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 16th day of July, 2012, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: None
MARY AND SHELDON EISENBERG SEPTIC VARIANCE APPLICATION
SUPERVISOR STEC- This is for property located down the road at 98 Rockhurst in Queensbury
and there's six variances being sought, septic tank four feet from a property line in lieu of ten feet,
pump tank four feet from property line in lieu of ten feet, a force main seven feet from the property
line in lieu of ten feet, absorption field one foot and five feet from the property line in lieu of ten
feet, an absorption field to be located fifteen feet from the dwelling in lieu of twenty feet and an
absorption field ninety five feet from Lake George in lieu of one hundred feet. Again, this will also
be on Monday, August 6th seven o'clock.
COUNCILMAN STROUGH- And same thing
MR. MACELROY-Yes, good
SUPERVISOR STEC- All right
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 351
COUNCILMAN MONTESI-Dennis, the only thing I have, I understand how difficult it is to park
cars on Rockhurst and I guess they did take up an extra space there by putting that driveway in. But,
I'm not sure that would have solved any of the problems that you
MR. MACELROY-No, not really. In regarding that we are proposing on both these projects to
have some sort of barrier, whether is a bollard type thing or a boulder or whatever
COUNCILMAN MONTESI- So they can't drive on it
MR. MACELROY- Correct
COUNCILMAN MONTESI- Thank you
MR. MACELROY- Okay
SUPERVISOR STEC- Any other discussion? Let's go ahead and vote, please Rose
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF MARY AND SHELDON EISENBERG
RESOLUTION NO.: BOH 15,2012
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and
is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage
Disposal Ordinance, and
WHEREAS, Mary and Sheldon Eisenberg have applied to the Local Board of Health for six
(6)variances from Chapter 136 to allow:
1. A septic tank to be located 4' from the property line in lieu of the required 10' setback;
2. A pump tank to be located 4' from the property line in lieu of the required 10' setback;
3. A force main to be located 7' from the property line in lieu of the required 10' setback;
4. An absorption field to be located 1' and 5' from the property line in lieu of the required 10'
setback;
5. An absorption field to be located 15' from the dwelling in lieu of the required 20' setback;
and
6. An absorption field to be located 95' from Lake George in lieu of the required 100' setback;
on property located at 98 Rockhurst Road in the Town of Queensbury,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 352
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public
hearing on Monday, August 611i 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay
Road, Queensbury, to consider Mary and Sheldon Eisenberg's sewage disposal variance application
concerning property located at 98 Rockhurst Road in the Town of Queensbury (Tax Map No.:
227.9-1-13) and at that time all interested persons will be heard, and
BE IT FURTHER,
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 16th day of July, 2012, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 16, 2012
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back
in regular session.
Duly adopted this 16th day of July, 2012 by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: None
REGULAR TOWN BOARD MEETING
2.0 RESOLUTIONS
RESOLUTION SETTING PUBLIC HEARING ON ROUTE 9 SANITARY
SEWER DISTRICT BENEFIT TAX ROLL FOR 2013
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 353
RESOLUTION NO.: 207,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning
adoption of the proposed Route 9 Sanitary Sewer District Benefit Tax Roll for 2013 as presented at
this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday,
August 6t1i 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to
hear all interested parties and citizens concerning the proposed 2013 Route 9 Sanitary Sewer
District Benefit Tax Roll, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of
Public Hearing not less than ten(10) days prior to the hearing date.
Duly adopted this 16th day of July, 2012, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SOUTH QUEENSBURY-
QUEENSBURY AVENUE SANITARY SEWER DISTRICT
BENEFIT TAX ROLL FOR 2013
RESOLUTION NO.: 208, 2012
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning
adoption of the proposed South Queensbury— Queensbury Avenue Sanitary Sewer District Benefit
Tax Roll for 2013 as presented at this meeting,
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 354
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday,
August 6t1i 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to
hear all interested parties and citizens concerning the proposed 2013 South Queensbury —
Queensbury Avenue Sanitary Sewer District Benefit Tax Roll, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of
Public Hearing not less than ten(10) days prior to the hearing date.
Duly adopted this 16th day of July, 2012, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON WEST QUEENSBURY-
SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2013
RESOLUTION NO.: 209, 2012
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning
adoption of the proposed West Queensbury Sanitary Sewer District Benefit Tax Roll for 2013 as
presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday,
August 6t1i 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to
hear all interested parties and citizens concerning the proposed 2013 West Queensbury Sanitary
Sewer District Benefit Tax Roll, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 355
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of
Public Hearing not less than ten(10) days prior to the hearing date.
Duly adopted this 16th day of July, 2012, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING USE OF OCCUPANCY FUNDS TOWARD
TOWN OF QUEENSBURY 250TH ANNIVERSARY CELEBRATION
RESOLUTION NO.: 210, 2012
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by prior Resolution and Agreement the Queensbury Town Board provided in
the 2012 Town Budget for the Town's receipt of occupancy tax revenues from Warren County in
accordance with the Local Tourism Promotion and Convention Development Agreement
(Agreement) entered into between the Town and Warren County, and
WHEREAS, the Agreement provides that specific expenditure of the funds provided under
the Agreement are subject to further Resolution of the Queensbury Town Board, and
WHEREAS, by Resolution No.: 122,2012, the Town Board authorized the expenditure of
funds in the amount of$6,000 for costs relating to the Town of Queensbury's 250th Anniversary
celebration, such funds to be from Warren County occupancy tax revenues received by the Town,
and
WHEREAS, the Town Board wishes to authorize additional provision of such funds in the
amount of$2,500 to be used toward additional expenses relating to the Town's 250th Anniversary
celebration, and
WHEREAS, the Town's 250th Anniversary celebration will attract a significant number of
people to the Town of Queensbury and the general community, thereby serving as an economic
development tool for tourism in Queensbury and the surrounding area,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 356
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
expenditure of funds in the amount of$2,500 for costs relating to the Town of Queensbury's 2501'
Anniversary celebration, such funds to be from Warren County occupancy tax revenues received by
the Town and to be paid for from Account No.: 050-6410-4412, contingent upon the Town Budget
Officer confirming that the Town has unallocated occupancy tax funds available from Warren
County, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget to amend the
2012 Town Budget and/or take any actions needed to provide for such payment, 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 161i day of July, 2012, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND CHAPMAN HISTORICAL MUSEUM
RESOLUTION NO.: 211, 2012
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury has received a request for $3,000 in occupancy tax
funding from the Chapman Historical Museum (Chapman)regarding sponsorship of the Chapman's
Town of Queensbury 250th Anniversary Exhibit to open in late September, 2012, which Exhibit will
explore Queensbury's history, and
WHEREAS, the Chapman helps to promote the cultural development of the community,
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 357
attracts many persons to the Glens Falls and Queensbury area and provides an economic boon to the
community, and
WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the
Town's receipt of occupancy tax revenues from Warren County in accordance with the Local
Tourism Promotion and Convention Development Agreement (Agreement) entered into between
the Town and Warren County, and
WHEREAS, the Agreement provides that specific expenditure of the funds provided under
the Agreement are subject to further Resolution of the Town Board, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Agreement between
the Town and the Chapman Historical Museum substantially in the form presented at this meeting
and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the
Agreement not exceeding the sum of $3,000 and to be provided by occupancy tax revenues the
Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget to amend the
2012 Town Budget and/or take any actions needed to provide for such payment, and
BE IT FURTHER,
RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer
confirming that the Town has unallocated occupancy tax funds available from Warren County.
Duly adopted this 16th day of July, 2012, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR
MILLING OF CERTAIN TOWN ROADS
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 358
RESOLUTION NO.: 212, 2012
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board wishes to authorize an advertisement for bids for
the milling of certain Town roads in accordance with bid documents and specifications to be
prepared by the Town Highway Superintendent and to be on file with the Town's 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 the milling of certain Town roads, 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 16th day of July, 2012, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND SKI WEST MOUNTAIN
EDUCATION FOUNDATION, INC.
RESOLUTION NO.: 213, 2012
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 359
WHEREAS, the Town of Queensbury has received a request for $10,000 occupancy tax
funding from the Ski West Mountain Education Foundation, Inc., (SWMEF) toward the hosting of
10 ski racing events at West Mountain during the 2012-2013 season, and
WHEREAS, such events are expected to draw over 1,000 families from outside the region
to Queensbury and the surrounding area's hotels and motels, restaurants, stores and other
businesses, thereby benefiting the general economy of the Town and all of Warren County, and
WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the
Town's receipt of occupancy tax revenues from Warren County in accordance with the Local
Tourism Promotion and Convention Development Agreement (Agreement) entered into between
the Town and Warren County, and
WHEREAS, the Agreement provides that specific expenditure of the funds provided under
the Agreement are subject to further Resolution of the Town Board, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Agreement between
the Town and the Ski West Mountain Education Foundation, Inc., substantially in the form
presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement,
with funding for the Agreement not exceeding the sum of$8,000 and to be provided by occupancy
tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-
4412, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget to amend the
2012 Town Budget and/or take any actions needed to provide for such payment, and
BE IT FURTHER,
RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer
confirming that the Town has unallocated occupancy tax funds available from Warren County.
Duly adopted this 16th day of July, 2012, by the following vote:
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 360
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
ABSTAIN: Mr. Metivier
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY PYRAMID COMPANIES
RESOLUTION NO.: 214, 2012
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Pyramid Companies (Petitioner) owns nine (9) parcels of property that
comprise most of the Aviation Mall and former Howard Johnson's Motel, located on Aviation
Road, Town of Queensbury, and
WHEREAS, Petitioner's nine (9) parcels are identified by the following Tax Map
Identification Numbers:
• 302.5-1-92.2
• 302.5-1-92.4
• 302.5-1-92.11
• 302.5-1-93.2
• 302.5-1-96.2
• 302.9-1-45
• 302.9-1-46
• 302.5-1-93.1
• 302.5-1-96.1
(hereinafter the"Parcels"), and
WHEREAS, Petitioner previously commenced Article 7 Real Property Assessment Review
cases in 2008, 2009, 2010 and 2011 against the Town of Queensbury concerning the assessments on
certain of the Parcels, 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, counsel for the Queensbury Union Free School District advises that District
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 361
officials will recommend that the School Board 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 Pyramid Companies such that the combined total of the
assessments on the above-referenced Parcels shall be reduced from the current amount of $31
million to $20.2 million on the Assessment Rolls for 2012, 2013, 2014, 2015 and 2016, subject
to the exceptions provided for in Real Property Tax Law §727, in exchange for Petitioner's
agreement to discontinue all pending litigation and withdraw all demands for refunds and
interest, 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 and take any
additional steps necessary to effectuate the proposed settlement in accordance with the terms of this
Resolution.
Duly adopted this 16th day of July, 2012 by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY TD BANKNORTH
RESOLUTION NO.: 215, 2012
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, TD Banknorth, (Petitioner) previously commenced an Article 7 Real Property
Assessment Review case in 2010 against the Town of Queensbury concerning the assessment on
two (2) parcels of property located at 54 Quaker Road, Town of Queensbury, further identified as
Tax Map No.'s: 302.6-1-64 and 302.6-1-65, (hereinafter the"Properties"), and
WHEREAS, the Town Assessor has reviewed the cases with Town Counsel and the
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 362
Assessor has recommended a settlement proposal to the Town Board, and
WHEREAS, counsel for the Queensbury Union Free School District advises that District
officials will recommend that the School Board 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 TD Banknorth, such that the assessment on the Properties
shall be revised as follows:
TAX MAP ID# ASSESSMENT ROLL CURRENT REDUCED
ASSESSMENT ASSESSMENT
302.6-1-64 2010 $966,000 $825,600
302.6-1-65 2010 $374,000 $272,600
and
BE IT FURTHER
RESOLVED, that such revised assessments on the Properties for the final 2010
Assessment Roll shall remain effective for the 2011, 2012 and 2013 Assessment Rolls, subject to
the exceptions provided for in Real Property Tax Law §727, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs payment of any and all refunds,
with interest if ordered by the Court, within sixty (60) days after Petitioner serves a copy of the
filed Court Order, with Notice of Entry, approving the settlement 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 and take any
additional steps necessary to effectuate the proposed settlement in accordance with the terms of this
Resolution.
Duly adopted this 16th day of July, 2012 by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 363
NOES: None
ABSENT: None
RESOLUTION ACKNOWLEDGING AND ACCEPTING REQUIRED
AUDIT RELATING TO QUEENSBURY TOWN COURT RECORDS
RESOLUTION NO.: 216, 2012
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 337,2011, the Queensbury Town Board engaged the
auditing services of Bollam, Sheedy, Torani & Co., LLP, CPA's (BST) 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 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 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 16th day of July, 2012, by the following vote:
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 364
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AMENDING RESOLUTION NO.: 39,2012 REGARDING
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND
QUEENSBURY LAND CONSERVANCY, INC.
RESOLUTION NO.: 217,2012
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, by Resolution No.: 39,2012 the Queensbury Town Board approved and
authorized a 2012 Agreement with the Queensbury Land Conservancy, Inc., with corresponding
funding in an amount not to exceed$13,000, and
WHEREAS, the Queensbury Land Conservancy has requested that the Town Board amend
such Agreement such that the Agreement would be for both 2012 and 2013, with corresponding
funding to be for amounts not to exceed$20,000 per year, and
WHEREAS, the Town Board wishes to authorize such changes and amend Resolution No.:
39,2012 accordingly,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 39,2012
such that the Agreement with the Queensbury Land Conservancy shall be for both 2012 and 2013,
with corresponding funding amounts not to exceed $20,000 per year, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute a
revised Agreement between the Town and the Queensbury Land Conservancy substantially in the
form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to
amend the 2012 Town Budget and/or take any actions needed to provide for such payment, and
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 365
BE IT FURTHER,
RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 39,2012 in
all other respects.
Duly adopted this 16th day of July, 2012, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION TO AMEND 2012 BUDGET
RESOLUTION NO.: 218, 2012
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the following Budget Amendment Requests have been duly initiated and
justified and are deemed compliant with Town operating procedures and accounting practices by the
Town Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Accounting Office to take all action necessary to amend the 2012 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
001-1990-4400 Contingency 001-3510-4400 Animal Control 3,000
001-1990-4400 Contingency 001-1620-4400 Bldgs & Grounds 3,750
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 366
Duly adopted this 16th day of July, 2012, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS-
WARRANT OF JULY 17T, 2012
RESOLUTION NO.: 219,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a
Warrant with a run date of July 12th 2012 and a payment date of July 17th, 2012,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run
date of July 12t1i 2012 and a payment date of July 1711i, totaling $641,985.35, 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 16th day of July, 2012, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: None
3.0 PRIVILEGE OF THE FLOOR(LIMIT 4 MINUTES)
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 367
JOHN SALVADOR- Spoke to the Board regarding the meeting of June 18, 2012 allowing Daine
Matthews to maintain the Port-A-John on her Dunham Bay site to support the activities of a
Class A Marina for this season. Read a letter he addressed to the Lake George Park Commission
noting his concerns on this subject.
PLINEY TUCKER-
• Spoke regarding a recent Highway project on Odgen and Division Roads. Mr. Tucker
asked Councilman Brewer to contact the Highway Superintendent for a cost analysis on
that project.
• Questioned Councilman Brewer regarding his own case.
4.0 CORRESPONDENCE
DEPUTY TOWN CLERK MELLON- The Supervisor's Report for Community
Development/Building and Codes for the month of June on file in the Town Clerk's
Office.
5.0 TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER-
• Spoke regarding an upcoming resolution to set a public hearing on the Lake Sunnyside
Aquatic Plant Control District.
• For Mr. Salvador, I think we will have North Queensbury EMS wrapped up Wednesday
night.
COUNCILMAN MONTESI- Spent some time with the Water Department discussing the future
of where Queensbury would grow with water distribution and what we would need to grow. One
of the matters discussed was perhaps someday another water tank will be needed on West
Mountain, specifically near West Mountain Ski area. An appraisal was done.
COUNCILMAN STROUGH-
• Reviewed the Fire Marshal's report for the month of June. Reminded everyone that
carbon monoxide are usually only good for about five years and smoke detectors are only
good for about ten years. Generally, outdoor burning is prohibited, although you are
allowed some recreational burning, especially if it's for cooking. Additional information
can be obtained by contacting the Fire Marshal at 761-8206 or going to www.dec.ny.gov
• We do have a 250th Anniversary this year and several events have been planned. The last
event is going to be Saturday, August 25t1i It's going to be here at the Town Office
Buildings from noon until 3pm. Supervisor Stec thankfully agreed to be Master of
Ceremony.
• Joan Aldous, Marilyn VanDyke and myself, in conjunction with Trampoline Design, put
together a poster of sixty-eight pictures of the Town of Queensbury available for
purchase. There is a limited supply so anyone interested should stop by the Town Clerk's
Office, $20 unframed and $150 framed. There is one on display at the Town Office
Building for viewing.
COUNCILMAN BREWER-Nothing to report
SUPERVISOR STEC-
• Thanked Look TV for televising these meetings.
• Town's website www.queensbury.net
• Congratulated the Cemetery crew as well as the Building and Grounds, and Parks and
Recreation Departments, the town's facilities have never looked better. Thanked
everyone for their hard work.
REGULAR TOWN BOARD MEETING 07-16-2012 MTG#16 368
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 220, 2012
INTRODUCED BY: Mr. Ronald Montesi
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 16th day of July, 2012, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT: None
Respectfully Submitted,
Darleen M. Doughier
Town Clerk
Town of Queensbury