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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 LOOK TV 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