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1 At 5:04pm: Motion to enter Executive Session to discuss matter of Settlement of Pending Article 7 Real Property Assessment cases filed by Samuel F. Vilas Home. By Councilor Armstrong; Seconded by Councilor Ensel ADJOURNED: 5:31 pm Mayor Read stated no actions were taken during Executive Session. A decision will be made later on in the agenda. REGULAR MEETING OF THE COMMON COUNCIL OF THE CITY OF PLATTSBURGH, NEW YORK April 27, :30 P.M. MINUTES Pledge of Allegiance (RC) Present: Mayor Colin Read, Councilors Rachelle Armstrong (W1), Mike Kelly (W2), Peter Ensel (W4), Becky Kasper (W5), Joshua Kretser (W6) Absent: Councilor Dale Dowdle (W3) 1. MINUTES OF THE PREVIOUS MEETING: RESOLVED: That the Minutes of the Regular Meeting of the Common Council held on April 20, 2017 are approved and placed on file among the public records of the City Clerk s Office. By Councilor Armstrong; Seconded by Councilor Kelly (All in Favor/opposed) 2. PAYROLLS OF VARIOUS DEPARTMENTS: RESOLVED: That the payrolls of the various Departments of the City of Plattsburgh for the week ending April 26, 2017 in the amount of $ 470, are authorized and allowed and the Mayor and the City Clerk are hereby empowered and directed to sign warrants drawn on the City Chamberlain for the payment thereof. By Councilor Kelly; Seconded by Councilor Ensel Common Council Meeting Minutes 04/27/17 1

2 (All in Favor/opposed) 3. REPORTS OF CITY OFFICES & COMMITTEE REPORTS: Report of Fire and Ambulance Responses for the weeks of April 20-26, 2017 Report from the Building Inspector s office April 17-21, 2017 RESOLVED: That the reports as listed are hereby ordered received and placed on file among the public records of the City Clerk s Office. By Councilor Kretser; Seconded by Councilor Kasper (All in Favor/opposed) 4. CORRESPONDENCE OR RECOMMENDATIONS FROM BOARDS: None 5. AUDIT OF CLAIMS: RESOLVED: That the bills Audited by the Common Council for the week ending April 28, 2017 in the amount of $ 2,173, are authorized and allowed and the Mayor and City Clerk are hereby authorized and directed to sign warrants drawn on the City Chamberlain for the payment thereof. By Councilor Armstrong; Seconded by Councilor Ensel (All in Favor/opposed) 6. PERSONS ADDRESSING COUNCIL ON AGENDA ITEMS ONLY: None 7. OTHER ITEMS: A. RESOLVED: In accordance with the request therefore the Common Council approves the City Chamberlain to increase the 2017 General Fund budget by a net $11, based on the list of adjusting entries in the revised budget transfer memo included as part of the documents for the meeting By Councilor Kasper; Seconded by Councilor Armstrong Discussion: None Common Council Meeting Minutes 04/27/17 2

3 B. RESOLVED: In accordance with the request therefore the Common Council approves the City Chamberlain to adjust the 2017 General Fund Budget by $43,000 equally in estimated revenue and appropriations for maintenance work to be accomplished on the two aircraft in the City park adjacent to US Avenue. The cost of the maintenance will be covered by a transfer of funds from the restricted fund established by the City through a grant from PARC for the transportation and maintenance of the donated aircraft. By Councilor Armstrong; Seconded by Councilor Kretser C. RESOLVED: In accordance with the request therefore the Common Council approves that the Mayor be authorized to sign Engineering Consulting Service Agreement with Atlantic Testing Laboratories for Former Highway Oil Gas Station at an estimated total cost not to exceed $3,070. Funding available through Capital project H Bridge Street Demolition. By Councilor Kretser; Seconded by Councilor Kasper D. RESOLVED: In accordance with the request therefore the Common Council approves the Superintendent of Recreation to implement the updated City of Plattsburgh Outdoor Sport Field Management Policy (attached). By Councilor Ensel; Seconded by Councilor Kasper E. RESOLVED: In accordance with the request therefore the Common Council approves a budget adjustment reducing Recreation Administration (Temporary Payroll) by $25,000 and Common Council Meeting Minutes 04/27/17 3

4 increasing (Technical and Special Equipment) by $25,000 to fund infrastructure upgrades and efficiency measures designed to reduce annual expenditures in City Parks. By Councilor Ensel; Seconded by Councilor Kasper Discussion: None F. RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES FILED BY SAMUEL F. VILAS HOME WHEREAS, Samuel F. Vilas Home ( Petitioner ), filed Article 7 Real Property Assessment Review Petitions against the City for assessment years 2014 through 2016 challenging the assessment on its property located at 61 Beekman Street in the City of Plattsburgh, more specifically identified as Tax Map Parcel No ; and WHEREAS, it appears to be in the best interests of the City to avoid the costs that would result if the litigation continues and goes to Trial; and WHEREAS, terms of a proposed settlement have been negotiated with Petitioner at the recommendation of the Assessor; and NOW, THEREFORE, BE IT RESOLVED, that the City of Plattsburgh Common Council hereby approves the proposed settlement of the real property assessment cases filed by Samuel F. Vilas Home for assessment years 2014 through 2016 for its property at 61 Beekman Street in the City of Plattsburgh, more specifically identified as Tax Map Parcel No , as follows: 1. The Proceedings for assessment years 2014 and 2015 shall be discontinued without reductions or refunds; and 2. The 2016 assessed value shall be reduced from $2,674,000 to $2,000,000 with refunds to be paid accordingly, but no interest shall be payable on such refunds if they are paid within sixty (60) days of the City s receipt of a filed Stipulation of Settlement and Order and a Demand for Payment from Petitioner; and 3. Real Property Tax Law Section 727 shall apply setting the AV at $2,000,000 for the 2017, 2018 and 2019 assessment rolls, unless one of the exceptions to Section 727 applies; and BE IT FURTHER, RESOLVED, that approval of this Settlement Agreement is contingent upon the Common Council Meeting Minutes 04/27/17 4

5 City s Special Counsel, MILLER, MANNIX, SCHACHNER & HAFNER, LLC, reviewing and approving the terms of the final Stipulation of Settlement and Order; and BE IT FURTHER, RESOLVED, that the Common Council further authorizes and directs the City Mayor and/or its Special Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Motion to waive the reading and move the resolution: By Councilor Kretser; Seconded by Councilor Armstrong 8. TRAVEL REQUEST: A. RESOLVED: In accordance with the request therefore the Common Council approves a Police Department employee to attend the New York State Fire Prevention and Control; Fire Behavior/Arson Awareness Principals Training in Montour Falls, NY from May 14-19, The total cost will not exceed $ and will be expensed out of the Asset Forfeiture Fund. By Councilor Ensel; Seconded by Councilor Kasper Discussion: None 9. RESOLUTIONS FOR INITIAL CONSIDERATION: None 10. NEW BUSINESS AND COUNCILOR REPORTS: Councilor Armstrong spoke about Snow Removal Committee. Councilor Kelly reminder after this meeting Public Administration department s reports. Spoke about Council Budge Committee monthly meeting on May 1 st. 5 year spending plan due by June 1 st. Councilor Ensel had a constituent ask about moving Community Garden at Penfield park to the old skate park area. Common Council Meeting Minutes 04/27/17 5

6 Councilor Kasper is opposed to that idea as it was a major undertaking to build the gardens where they are currently. It is definitely not something that could happen this year. Councilor Kelly agrees it couldn t happen this year. Soil is very important. Councilor Kasper thanked everyone who came out to help cleanup day. CP Rail doesn t clean up brush they cut down asked if Public Works could speak to them about it. Also, thanked Eric Durocher, good worker from city, who helped and did a great job. Commended new restaurant Our House Bistro on their flowers outside they did a great job. Superintendent of Public Works Mike Brodi said they would speak to them about it. Councilor Armstrong spoke about Strategic Planning Committee will be holding focus group of community leaders on Monday, May 1 st. Mayor Read spoke about Strategic Planning Committee and he read an excerpt from the City Charter regarding plan adopted and modified by June 1 st. He spoke about budget process, Infrastructure and Engineering Committee. Mayor thanked Public Works street cleaner they are going great job. Also, thanked Public Works employee, Steve, who is helping us out in City Hall cleaning each morning. He is doing great job and always has a smile and pleasant. 11. CLOSING PUBLIC COMMENTS ON ANY TOPIC: Chris Bleaux, Vice President of Plattsburgh City Retirees Association spoke about the case and the undertaking from retirees which shows their commitment. John Linney said next week he is planning on bringing a resolution to put this lawsuit to bed. Was going to bring tonight but the President of the Plattsburgh Retirees Association was out of town. Motion to Adjourn by Councilor Armstrong; Seconded by Councilor Ensel (RC) Roll call Councilors Armstrong, Kelly, Ensel, Kasper, Kretser MEETING ADJOURNED: 6:12 pm Common Council Meeting Minutes 04/27/17 6