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560.2005 RESOLUTION GRANTING APPEAL WITH LIMITATIONS AND AUTHORIZING DISCLOSURE OF UP TO TWENTY (20) COMPARABLE ASSESSMENTS RESOLUTION NO.: 560, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is considering an appeal by Peter Brothers to the correct decision by the Queensbury Town Clerk to deny his Freedom of Information Law (FOIL) th request for the disclosure of many hundreds of comparable assessments dated July 8, 2005and th amended by Mr. Brothers in his letter dated July 18, 2005, and WHEREAS, it has been established by Town Counsel with the unambiguous concurrence of Mr. Robert Freeman of the New York State committee for Open Government that the Assessor’s “comparable sheets” are not subject to FOIL, and WHEREAS, Queensbury Town Code §133-9, explicitly prohibits release of non-FOILable information but provides that following a written appeal made to the Town Board, the Town Board may grant such appeal, and th WHEREAS, at a Town Board Workshop meeting held on October 24, 2005, the subject of this FOIL request was discussed at great length and the Town Board instructed Mr. Brothers that he needed to submit a written appeal limited to 20 properties if he wished to pursue the matter, and th WHEREAS, a letter dated October 27, 2005 purporting to be an appeal of the Town Records Officer’s refusal of a FOIL request from Mr. Brothers was received by the Town Clerk on November th 7, 2005, and WHEREAS, the Town Board wishes to grant the appeal with limitations and authorize the disclosure of up to twenty (20) comparable assessments, and WHEREAS, Mr. Brothers filed with the Town Board and Town Clerk a written appeal with a list of properties for which he seeks comparable assessment sheets, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Assessor to release the comparable assessment sheets that are in the Assessor’s records for those th properties listed on Mr. Brothers’ appeal letter dated October 27, 2005 and received by the Town th Clerk on November 7, 2005, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Clerk to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Boor, Mr. Turner, Mr. Stec NOES : None ABSENT : None