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2000-12-28 SP SPECIAL TOWN BOARD MEETING DECEMBER 28, 2000 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL MARK SCHACHNER, BOB HAFNER PRESS POST STAR SUPERVISOR BROWER-Opened meeting. RESOLUTION AUTHORIZING ENGAGEMENT OF MILLER, MANNIX, SCHACHNER & HAFNER, LLC AS LEGAL COUNSEL FOR TOWN OF QUEENSBURY RESOLUTION NO. 530, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury requires legal representation in a wide variety of matters to deal with the numerous legal issues that come before and involve the Town, and WHEREAS, the Town Board wishes to engage legal counsel on a contractual basis for the 2001 fiscal year from January 1,2001 to December 31, 2001, and WHEREAS, a proposed Agreement for Legal Services has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Miller, Mannix, Schachner & Hafner, LLC as legal counsel for and on behalf of the Town for the year 2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement for Legal Services on behalf of the Town for the year 2001. Duly adopted this 28th day of December, 2000, by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Stec, Mr. Brower NOES None ABSENT: None ABST AIN:Mr. Martin RESOLUTION AUTHORIZING JOINT APPLICATION FOR PERMIT WITH NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND ARMY CORPS OF ENGINEERS CONCERNING WETLANDS AND PROTECTION OF WATERS FOR PROVISION OF WATER TO TOWN OF MOREAU RESOLUTION NO.: 531, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Water Superintendent has informed the Town Board that it is necessary to file a "Joint Application for Permit" with the New York State Department of Environmental Conservation and Army Corps of Engineers concerning wetlands and protection of waters within the Town of Queensbury for the provision of water to the Town of Moreau, including the crossing of wetlands along the access road to the Hudson River off Big Boom Road and crossing of a man-made canal with a 12" pipeline, and WHEREAS, the Town Board has determined that it is in the public interest to authorize the Joint Application for Permit, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the filing of a "Joint Application for Permit" with the New York State Department of Environmental Conservation and Army Corps of Engineers concerning wetlands and protection of waters within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Water Superintendent to sign the application and any other documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of December, 2000 by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Stec, Mr. Martin, Mr. Brower NOES None ABSENT:None RESOLUTION AUTHORIZING ACCEPTANCE OF HUDSON POINTE NATURE PRESERVE FROM OPEN SPACE INSTITUTE AND AUTHORIZING TOWN SUPERVISOR TO EXECUTE CONSERVATION EASEMENT AND ANCILLARY AGREEMENT RESOLUTION NO.: 532, 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Town Board Resolution No.: 205.95, the Queensbury Town Board authorized the Hudson Pointe P.U.D. Conservation Area Agreement between the Town, Hudson Pointe, Inc., and the Open Space Institute, Inc., concerning the preservation and maintenance of a conservation area known as the Hudson Pointe Nature Preserve (Preserve) located within the Hudson Pointe development by the Open Space Institute (OSI) and in accordance with the Agreement, OSI acquired the area and developed a nature preserve with trails on the property, and WHEREAS, as part of the Agreement, OSI was to develop the property as a passive recreation site and then after a three year period, transfer ownership of the property to another party, and if OSI could not find a third party, the Town of Queensbury would take title to the property, and WHEREAS, in accordance with the Agreement, OSI has invested more than $20,000 in the Preserve to create a parking lot, visitor information kiosk, wetland boardwalk, signboard and trails, and WHEREAS, OSI advised that it did not find a third party to take title to the property and therefore OSI advised the Town that it was prepared to convey title to the Preserve to the Town of Queensbury subject to a Conservation Easement restricting the property to outdoor recreational uses, and WHEREAS, the Town Recreation Commission evaluated the Preserve and advised the Town Board that it felt that the Preserve would be an outstanding addition to the Town's park system, and WHEREAS, the Town Board understood that by accepting the Preserve, the Town Department of Parks and Recreation would be responsible for the maintenance and up-keep of the Preserve and the Town Board also agreed that the Preserve would benefit Town residents and therefore, by Resolution No. 313.99, the Town Board authorized the transfer of the Preserve from OSI to the Town of Queensbury, and WHEREAS, at that time the Town Board also directed the Recreation Commission, in conjunction with Town Counsel, to review a draft Conservation Easement describing the guidelines for the public's usage of the Preserve, to ensure compatibility with other previously adopted agreements between the Town and Hudson Pointe, and WHEREAS, the Recreation Commission has now advised the Town Board that the revised Conservation Easement and ancillary Agreement between the Town, OSI and Hudson Pointe Inc., presented at this meeting are consistent with the previously adopted 1995 Hudson Pointe Management Plan and therefore recommends that the Town Board formally accept the Preserve and authorize the Town Supervisor to execute the Conservation Easement and Agreement, and WHEREAS, the Conservation Easement and Agreement are in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves and accepts the transfer of the 82.99 acre parcel known as the Hudson Pointe Nature Preserve located within the Hudson Pointe development (Tax Map No.: 148-1-2.3) from the Open Space Institute to the Town of Queensbury in accordance with the Hudson Pointe P.U.D. Conservation Area Agreement authorized by Town Board Resolution No.: 205,95, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Conservation Easement and Agreement between the Town of Queensbury, Open Space Institute, Inc., and Hudson Pointe, Inc., presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the purchase of title insurance for such parcel and directs Town Counsel to provide such title insurance to protect the Town's interest, with such cost to be set at the minimum title insurance fee allowed under New York State's insurance regulations, plus the cost of the title search update provided by Bay Street Abstract, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Conservation Easement, Agreement and any and all documents necessary to complete this transaction, including, without limitation, any further agreements in form acceptable to Town Counsel, Deed, Real Property Transfer Report and Capital Gains Affidavit and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of December, 2000, by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Stec, Mr. Martin, Mr. Brower NOES None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MARTIN-Recommended that this land be looked at by the land trust for acceptance. COUNCILMAN BREWER-Questioned how this would affect the agreement? TOWN COUNSEL, SCHACHNER-Believes the agreement does allow transfer ability as long as it's to an appropriate entity noting the Queensbury Land Conservancy would be an appropriate entity. COUNCILMAN BREWER-Questioned if the restrictions would still apply? TOWN COUNSEL, SCHACHNER-Is sure that any transfer would include those restrictions or would not be effectuated. Noted he is not a hundred percent certain that it is transferable. COUNCILMAN BREWER-Noted he would like to assure himself and whoever else might be interested that those restrictions must apply. COUNCILMAN MARTIN-Noted beyond passage of this resolution would like to formally request that Town Counsel investigate the transferability and layout a scenario by which it could happen. RESOLUTION AUTHORIZING TRANSPORTATION AGREEMENT BETWEEN CITY OF GLENS FALLS AND TOWN OF QUEENSBURY RESOLUTION NO.: 533, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Greater Glens Falls Transit has submitted to the Queensbury Town Board a Transportation Agreement providing for the delivery of regular, public transportation service to, through, and among the corporate limits and locations of the Town of Queensbury, City of Glens Falls and other adjacent municipalities, and WHEREAS, the Transportation Agreement is for a period from January 1,2001 through December 31, 2002 and provides for payment by the Town of Queensbury of $41,432 each yearfor two years for the period January 1, 2001 through December 31, 2002, and WHEREAS, the Town Board believes that this public transportation service benefits and serves the public interest of Town residents, and WHEREAS, a copy of the Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Transportation Agreement between the City of Glens Falls and Town of Queensbury presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that payment for the transportation services shall be paid for from the appropriate account. Duly adopted this 28th day of December, 2000, by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Stec, Mr. Martin, Mr. Brower NOES None ABSENT:None RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 534, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss two contractual matters, and potential enforcement action. Duly adopted this 28th day of December, 2000, by the following vote: Ayes: Mr. Turner, Mr. Brewer, Mr. Stec, Mr. Martin, Mr. Brower Noes: None AbsentNone RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 535, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 28th day of December, 2000, by the following vote: Ayes: Mr. Turner, Mr. Brewer, Mr. Stec, Mr. Martin, Mr. Brower Noes: None AbsentNone On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury