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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