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1995-03-27 SPECIAL TOWN BOARD MEETING MARCH 27, 1995 4:05 P.M. MTG #21 RES198-209 BH 8-9 BOARD MEMBERS PRESENT DEPUTY SUPERVISOR NICK CAIMANO COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CAROL PULVER BOARD MEMBER ABSENT SUPERVISOR FRED CHAMPAGNE TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS HIGHWAY SUPERINTENDENT, P AUL NAYLOR DIRECTOR OF COMMUNITY DEVELOPMENT, JIM MARTIN ASSIST ANT PLANNER, SUE CIPPERL Y DIRECTOR OF BUILDING & CODES, DAVE HATIN DEPUTY WATER SUPERINTENDENT, RALPH VANDUSEN COMPTROLLER, CATHY GEOFFROY PRESS: GF Post Star Deputy Supervisor Caimano called meeting to order... PRESENTATION - BANK OF NEW YORK Presentation was given by Mr. Jim Angley from The Bank of New York regarding financial advisory services for the town. DISCUSSIONS NAMING OF PRIVATE ROADS Dave Hatin, Director of Building & Codes submitted to the Town Board a compiled list of 96 private roads within the Town of Queensbury identified through the 911 numbering system. Noted, there maybe five or ten more added. Noted further, there are eight roads in here called private road number 1 through 8 because we couldn't get names for those and those will be subject to changes. But we were unable to reach the owners so this is what we decided to do to keep the project moving. Attorney Dusek noted that once the Town Board has settled on the names, the next step would be to adopt a resolution which authorizes the official names and also authorizes the expenditure of funds to post those roads with street signs. Recommended that the Town Board adopt a local law on the 911 system, the naming and numbering so that there's an enforcement of law behind it. Town Board held discussion, agreed that the signs should be marked either by different color or printed with the letter p or the word private so that there's no question that they're private roads. Town Board scheduled a public discussion to review the proposed list of private roads for the Town Board meeting of April 17th. Mr. Hatin noted that the Sheriff would like to speak with the Town Board regarding the people who do not want to change their addresses. PHONE SYSTEM Cathy Geoffroy, Comptroller spoke to the Town Board regarding a proposal for a new phone system. Noted, there's been numerous attempts to contact NYNEX for the current contract so that we can get a copy of it. No one in house seems to have a copy of this contract. Currently we're paying for eighty-two individual outside lines through this Centrex agreement and I've got information that could save the town money if we got a new system with voice mail twenty outside lines and completely new hardware, new phones. Submitted cost analysis for the Board's review. Noted further, this would only be if we can break the contract with NYNEX that we do or do not have, depending on whether or not we can get a copy of it but we've heard nothing. I'd like to know from the Board whether to pursue this. Noted, if there truly is a contract, there is a large buyout clause in it so we would not want to break it if they can come up with the contract, it would not be cost beneficial. But for planning purposes, even if we don't break the contract, this is something that should be in place when the other one expires so you're not locked into that agreement agaIn. Town Board held discussion, agreed to pursue whether a contract exists and then go from there to upgrade the existing system. EARLY RETIREMENT INCENTIVE LETTER Ms. Geoffroy noted that she spoke to the State again regarding the retirement incentive program and has been told a whole new story. They're saying and they apologize for being so vague but they're saying that this is not a volunteer retirement, this is a forced retirement policy. The State will be sending me a list of eligibles and then the Board has the right to eliminate positions to force people to retire. The Town Board has to pass a local law and give the retirement system the list of people that they're targeting. Then those people apply to the retirement system for the early incentive. Councilman Caimano-So, step one is for this Board to accept or reject the plan? Ms. Geoffroy-Right, whether or not you want to pass a local law accepting the incentive plan. Councilman Monahan-But we don't really know that until we see what kind of jobs are affected. Ms. Geoffroy-Noted that the deadline to pass the local law is May 5th and the Town can pass the law but target no one. Noted further, the employer that adopts the incentive must establish an open period during which eligible employees can retire and be entitled to incentive benefits. The open period must be no less then thirty days and no more then ninety days. Additionally, it can not begin before March 6th and can not extend beyond August 31st. Town Board held discussion, agreed to schedule public hearing for the local law on April 24th while waiting for the packet from the State regarding the list of eligible people, the information and guide lines regarding the plan. BASIC EMERGENCY PLAN FOR THE TOWN OF QUEENSBURY Councilman Monahan questioned why the plan was lacking the North Queensbury Fire Company, the Bay Ridge Fire Company and the emergency squads? Councilman Pulver questioned who put it together? Councilman Caimano noted that he's unaware of who put it together and will leave a note for the Supervisor that it's incomplete. PROPOSAL FOR WATERFRONT RESIDENTIAL ZONING Jim Martin, Executive Director of Community Development noted for the Board's information that this will be on the agenda of April 10th workshop for a detailed discussion. The discussion will be in regards to proposed amendments for the waterfront residential zoning in the town. Specifically, a new concept of a floor area ratio requirement, a reduction in the height of buildings and accessory buildings and the definition of habitable space. RESOLUTIONS RESOLUTION AUTHORIZING MODIFICATION TO BID SPECIFICATIONS RESOLUTION NO. 198,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury, by Resolution, previously authorized and approved the advertisement for certain machinery and/or apparatus to be acquired by the Highway Department, and WHEREAS, an amendment to the specifications for the aforesaid machinery and/or apparatus has been proposed, and the Town Board desires to indicate its approval of the same, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the amendment to the bid specifications for the machinery and/or apparatus to be acquired for the Highway Department, a copy of the same being presented at this meeting. Duly adopted this 27th day of March, 1995, by the following vote: AYES Mr. Turner, Mrs. Monahan, Mrs. Pulver, Mr. Caimano NOES None ABSENT: Mr. Champagne RESOLUTION AUTHORIZING APPROPRIATIONS RELATING TO MOVEMENT OF OFFICES IN TOWN OFFICE BUILDING RESOLUTION NO. 199,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury has authorized the movement of offices within the Town Office Building, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the appropriations of funds not to exceed the amount of $15,000.00, to cover expenses relating to the movement of offices within the Town Office Building, said expenses to be paid for from Account No.: 74- 1620-4400. Duly adopted this 27th day of March, 1995, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano NOES None ABSENT: Mr. Champagne RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 160 THEREOF, ENTITLED, "PEDDLERS/SOLICITORS, TRANSIENT MERCHANTS/ TRANSIENT MERCHANT MARKETS" RESOLUTION NO. 200, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1995, A Local Law to Amend the Code of the Town of Queensbury Chapter 160 Thereof, Entitled "Peddlers/Solicitors, Transient MerchantsITransient Merchant Markets," to amend the title, add a revocation of license provision, and add a penalty for violations of the law, and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law and Town Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.rn., on the 17th day of April, 1995 to consider said Local Law No. _, 1995 and to hear all persons interested on the subject matter thereof concerning the same, to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _, 1995 in the manner provided by law. Duly adopted this 27th day of March, 1995, by the following vote: AYES Mr. Turner, Mrs. Monahan, Mrs. Pulver, Mr. Caimano NOES None ABSENT: Mrs. Champagne RESOLUTION HIRING O'BRIEN & GERE ENGINEERS, INC. CONCERNING EVALUATION OF PRELIMINARY COST ESTIMATES FOR THE CAPITAL FACILITIES REQUIRED FOR THE TOWN OF QUEENSBURY TO PROVIDE WATER TO THE CITY OF GLENS FALLS RESOLUTION NO. 201, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, O'Brien & Gere Engineers, Inc., has provided services in connection with the Water Treatment Plant Expansion and has also previously provided services to the Town of Queensbury in connection with the Town's provision of water to the City of Glens Falls, and WHEREAS, the Town Board of the Town of Queensbury is desirous of evaluating preliminary cost estimates for capital facilities required for provision of water to the City of Glens Falls, taking into consideration the current authorized expansion of the Plant, and is desirous of having O'Brien & Gere Engineers, Inc., review and update the transmission system improvements recommended for servicing the City, as outlined in their report of 1991, as well as undertake certain other studies more specifically set forth in a letter by O'Brien & Gere Engineers, Inc., dated March 1, 1995, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of O'Brien & Gere Engineers, Inc., to perform those services that are outlined in the letter of March 1, 1995, at a maximum sum not to exceed $8,000.00, said services to be performed in accordance with the Miscellaneous Projects Agreement dated September 20, 1994, and the aforesaid letter dated March 1, 1995, a copy of said letter being presented at this meeting, and BE IT FURTHER, RESOLVED, that the cost of the services to be rendered in accordance with this authorization shall be paid for from the General Fund Account No.: 01-14-4400. Duly adopted this 27th day of March, 1995, by the following vote: AYES Mrs. Monahan, Mrs. Pulver, Mr. Turner, Mr. Caimano NOES None ABSENT: Mr. Champagne RESOLUTION AUTHORIZING SERVICES OF O'BRIEN & GERE ENGINEERS, INC. IN CONNECTION WITH THE WATER TREATMENT PLANT EXPANSION RESOLUTION NO. 202, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, authorized the retention of the services of O'Brien & Gere Engineers, Inc., in connection with the Queensbury Consolidated Water District Water Treatment Plant Expansion Project, and WHEREAS, engineering services provided by O'Brien & Gere Engineers, Inc., have included design of the Water Treatment Plant Expansion Project and the development of specifications and bid documents, which the Board has previously approved and authorized the advertisement of bids therefore, and WHEREAS, although during the initial development of design for the Water Treatment Plant Expansion, it was mutually agreed that the demolition of floor tile and existing operations would be performed by the Town directly, a recent sampling and additional investigation has revealed that there will be a need for the removal of asbestos containing materials, and the Town Board has heretofore authorized an amendment to the aforesaid bid specifications providing for such removal, and WHEREAS, the Town Board of the Town of Queensbury is desirous of amending its aforesaid agreement with O'Brien & Gere Engineers, Inc., to include a provision for pre-design asbestos survey, design phase services, and other appropriate action more specifically identified in a letter dated March 9, 1995 by Anthony 1. Geiss, P.E., and addressed to Mr. Tom Flaherty, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of O'Brien & Gere Engineers, Inc., to perform a pre-designed asbestos survey and design phase services and hereby further authorizes an amendment to the previous agreement for engineering services for the Water Treatment Plant Expansion Project, to include the services at the cost outlined in a letter from O'Brien & Gere Engineers, Inc., to Tom Flaherty, Water Superintendent, dated March 9, 1995, referencing Queensbury Consolidated Water District: Water Treatment Plant Expansion - Asbestos Services File: 512, and BE IT FURTHER, RESOLVED, that the additional costs of engineering services incurred by this amendment to the agreement shall be paid for from the same fund out of which engineering services for the Water Treatment Plant Expansion have been previously authorized. Duly adopted this 27th day of March, 1995, by the following vote: AYES Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Caimano NOES None ABSENT: Mr. Champagne RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO. 203, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, certain departments have requested transfers of funds for the 1995 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1995 budget: COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8010-4400 (Misc. Contractual) 01-8010-2001 900. (Misc. Equipment) 01-3620-1060 (Clerk, Full-Time) 01-3620-1060-0002 25. (Clerk, Projected Overtime) 01-3620-1370 (Asst. Bldg. & Zon. Officer) 01-8010-2001 750. (Misc. Equipment) LANDFILL: FROM: TO: $ AMOUNT: 910-8160-1400 (Lab A) 910-8160-1410 (Lab A - Part-Time) 15,000. 910-8160-1400-0002 (Lab A Overtime) 910-8160-1410-0002 (Lab A Part -Time Overtime) 2,000. WATER: FROM: TO: $ AMOUNT: 40-8340-1400 (Laborer) 40-8340-1570 (Water Maint. 2) 16,000. 40-8340-1570 (Water Maint. 2) 40-8340-1560 (Water Maint. 1) 60,000. 40-8340-1570-0002 WM II, OT 40-8340-1560-0002 (Water Maint. 1, OT) 6,000. and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 27th day of March, 1995, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano NOES : None ABSENT: Mr. Champagne RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 204, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session to enter as the Queensbury Board of Health. Duly adopted this 27th day of March, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Caimano NOES: None ABSENT: Mr. Champagne QUEENSBURY BOARD OF HEALTH RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCES OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR MR. RAY CHANDLER RESOLUTION NO.8, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and WHEREAS, Mr. Ray Chandler has applied to the Local Board of Health of the Town of Queensbury for two variances from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such standard providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Seepage Pit 150' and WHEREAS, Mr. Ray Chandler has indicated a desire to place the seepage pit 95' from his well and 100' from his neighbor's well, rather than placing it at the mandated 150' distance(s), NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on April 17th, 1995, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. Ray Chandler to place the seepage pit 95' from his well and 100' from his neighbor's well, rather than placing it at the mandated 150' distance(s), on property situated at 133 Tee Hill Road, Town of Queensbury, New York, and bearing Tax Map No.: Section 44, Block 2, Lot 29, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 27th day of March, 1995, by the following vote: AYES Mr. Turner, Mrs. Monahan, Mrs. Pulver, Mr. Caimano NOES None ABSENT: Mr. Champagne RESOLUTION TO ADJOURN THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO.9, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Queensbury Board of Health hereby adjourns to enter Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 27th day of March, 1995, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano NOES: None ABSENT: Mr. Champagne QUEENSBURY TOWN BOARD ATTORNEY MATTERS Attorney Dusek noted that he had one executive session matter. The other matter is a question posed by Bay Ridge Fire Company regarding the financial disclosure statement they're responsible for to the town. They thought from the contract, all they had to do was report to you on a financial disclosure statement the funds they receive from the Town of Queensbury and how they spend those. But when they were looking at the Statement of Activity which was generated by the auditors, they find things like fund raising, bingo, revenues, games and expenses. So, the question to the board is, do they have to report all of that or can they, in accordance with the contract report how they spend town funds? Town Board held discussion, agreed that the information would be helpful to the taxpayers and therefore is appropriate to request. Attorney Dusek agreed to draft letter to be approved by the Town Board. Attorney Dusek reviewed matters concerning the water treatment plant project with regard to land acquisition issues. Town Board held discussion, agreed all was explorable and to proceed further. RESOLUTIONS RESOLUTION APPROVING AGREEMENT BETWEEN TOWN OF QUEENSBURY HUDSON POINTE, INC., AND THE OPEN SPACE INSTITUTE CONCERNING CONSERVATION AREAS IN HUDSON POINTE PUD RESOLUTION NO. 205, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously enacted certain legislation which authorized the Hudson Pointe Planned Unit Development, and WHEREAS, prior to the time the Hudson Pointe Planned Unit Development legislation was enacted, the Town Board authorized and approved an agreement between the Town of Queensbury and Niagara Mohawk Power Corporation, which agreement provided for purposes of conservation, conveyance of certain land comprised of the river shoreline, the wetlands, the Pointe, the bluffs, and the buffer from the top of the bluff inland, together with five (5) archaeological sites to a third party, said third party to be approved by the Town Board, and WHEREAS, the Town Board of the Town of Queensbury is desirous of approving the transfer of the aforedescribed property to Open Space Institute by way of a deed presented at this meeting, so long as the Town Board of the Town of Queensbury has assurances that the said approval and conveyances will result in the aforedescribed areas being preserved and maintained in accordance with the understandings that have been reached by all parties, and WHEREAS, to assure preservation and maintenance of the aforedescribed areas in accordance with the understandings reached by all parties, an agreement concerning said preservation and management has been presented at this meeting, with certain revisions consisting of modifications to pages 4, 5, and 6 as indicated on three marked-up pages and one memo presented at this meeting, and WHEREAS, to assure access to the aforesaid land conservation area, Hudson Pointe, Inc., has agreed to provide a temporary easement, with certain obligations to be agreed to by the Grantee contained therein, a draft of said easement having been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized, directed, and ordered, to execute the temporary easement described in the preambles of this resolution and affix the seal of the Town of Queensbury on the same on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Management Plan as amended with approval also given to retype the Management Plan to reflect the approved revisions thereto, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves the agreement presented at this meeting and being between Hudson Pointe, Inc., the Open Space Institute, and the Town of Queensbury concerning the preservation and maintenance of the conservation areas of the Hudson Pointe Planned Unit Development, previously described above and more specifically described in the aforesaid agreement, and BE IT FURTHER, RESOLVED, that the Town Supervisor be and is hereby authorized and directed to execute the aforementioned agreement and affix the seal of the Town of Queensbury thereon, if necessary, on behalf of the Town of Queensbury and take such other and further steps as may be necessary to carry out the terms and provisions thereof, provided that the Town first receives the fully-executed temporary easement described in the preambles of this resolution. Duly adopted this 27th day of March, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Caimano NOES None ABSENT: Mr. Champagne BEFORE VOTE: Attorney Dusek reviewed resolution, management plan, conservation area agreement, deed, easement, and title with the Town Board. (on file in the Town Clerk's Office) RESOLUTION APPROVING OPEN SPACE INSTITUTE AS THIRD PARTY AND APPROVING DEED IN CONNECTION WITH THE HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO. 206, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, approved and authorized execution of an agreement known as the "Hudson Pointe Planned Unit Development Agreement," and thereafter enacted certain legislation which authorized the Hudson Pointe Planned Unit Development, and WHEREAS, in accordance with the aforesaid agreement and legislation, the developer proposes for the purpose of conservation, conveyance of an area of the Hudson Pointe Planned Unit Development comprised of the river shoreline, the wetlands, the Pointe, the bluffs, and the buffer from the top of the bluff inland, together with five (5) archaeological sites to the Open Space Institute, and WHEREAS, in accordance with the aforesaid agreement, the Town Board must first approve the deed proposed to effectuate the conveyance and the party to whom the property is to be conveyed, and WHEREAS, the proposed deed from Hudson Pointe, Inc., to the Open Space Institute has been presented at this meeting, together with a Management Plan developed by the Saratoga Associates and dated December, 1994, and WHEREAS, the Town Attorney has advised that the Town has received a copy of the certificate and report of title for title from Hometown Title Company and that he finds, upon review of the same, that the same indicates marketable title and that any issues concerning mortgages and other like liens or encumbrances have been cleared, except that he also notes that there are a number of easements and restrictions in title, which are not expected to be cleared, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves Open Space Institute as the third party to whom the developer shall dedicate the lands described hereinabove and in the deed, for purposes of conservation, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves the deed and the language contained therein and notes that the deed makes specific reference to the management plan developed by Open Space Institute, which is likewise approved by the Town Board of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the approvals set forth herein shall be conditioned upon the acceptance of the deed by the Open Space Institute and the recording of the same in the Warren County Clerk's Office, and all other such actions that may be necessary to fully effectuate a transfer of title from the developer to the Open Space Institute, and the issuance of a Title Policy insuring the title as marketable and free and clear of mortgages and like liens and encumbrances. Duly adopted this 27th day of March, 1995, by the following vote: AYES Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Caimano NOES None ABSENT: Mr. Champagne DISCUSSIONS Executive Director, Mr. Martin referred to Sherman Pines Subdivision, a subdivision approved with a rezoning with the understanding this would be for affordable housing. The resolution read that it would be limited to the median family income as reported by the Warren County Planning Office. They have supplied me with new numbers which are a representative of the median household income and there's a little bit of a difference. I would prefer to use these as these are subject to family size. They've been recorded by Warren County and updated since the 1990 figures for 1994. I wanted to get the Board's permission to use these. Town Board held discussion, agreed to use the new numbers from the Warren County Planning Office. Councilman Turner submitted Twicwood petition to Attorney Dusek. Councilman Caimano referred to a previous discussion held by the Town Board regarding staggered terms, extended terms, term limits and raises for Town Board members. Would like to request that this particular issue be put on the table and brought to a vote. Town Board held discussion and Councilman Caimano noted that he will be requesting the Supervisor to have this placed on the next agenda. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 207, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a litigation matter and a personnel matter. Duly adopted this 27th day of March, 1995, by the following vote: AYES: Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Caimano NOES: None ABSENT: Mr. Champagne RESOLUTION TO RECONVENE RESOLUTION NO. 208, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session. Duly adopted this 27th day of March, 1995, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Caimano NOES: None ABSENT: Mr. Champagne RESOLUTION TO ADJOURN RESOLUTION NO. 209, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns. Duly adopted this 27th day of March, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Caimano NOES: None ABSENT: Mr. Champagne RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY