108.94
RESOLUTION DETERMINING TOWN OWNED PROPERTY TO BE
SURPLUS AND SETTING PUBLIC HEARING ON PROPOSED SALE TO QEDC
RESOLUTION NO. 108, 94
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Fred Champagne
WHEREAS, the Town of Queensbury is currently the owner of a
certain parcel of land, approximately 34 acres in size, bearing tax
map no. 146-1-6, and more specifically described in a Deed from
Helen M. Merritt and G. Robert Merritt to the Town of Queensbury,
dated July 28, 1968, and recorded at Liber 513, Page 226, a copy of
the same being presented at this meeting, and being intended to be
annexed to this Resolution and incorporated herein for all
purposes, and
WHEREAS, the Town of Queensbury is also the owner of a parcel
of land providing a right-of-way for access and egress to the
aforesaid parcel, as well as another parcel owned by the Town, the
aforesaid right-of-way being more specifically described in a deed
filed at Liber 781 Page 1, and
WHEREAS, the Queensbury Economic Development Corporation has
expressed an interest in purchasing the aforesaid parcel and a
right-of-way to the same, and
WHEREAS, the Town Board of the Town of Queensbury notes that
the Resolution originally authorizing acquisition of the
approximately 34 acre parcel, Resolution No. 111 of 1968, indicates
that the land was acquired for Landfill purposes, and
WHEREAS, the Town Board of the Town of Queensbury is generally
familiar with the requirements of establishing a landfill,
maintaining and same and, ultimately, closing the same, and
WHEREAS, Article 14 of the Not-for-Profit Corporation Law of
the State of New York provides that a local legislative body may,
by resolution, determine that specifically described real property
owned by the Town is not required for use by the Town and authorize
the Town to sell or lease such property to a local development
corporation, incorporated under the Not-for-Profit Corporation Law,
and
WHEREAS, the Town Board of the Town of Queensbury recognizes
the Queensbury Economic Development Corporation as a local
development corporation, incorporated under and by virtue of
Article 14 of the Not-for-Profit Corporation Law, and
WHEREAS, the Town Board of the Town of Queensbury has had the
34 acre parcel appraised and the appraised value of the property
has been determined to be $90,000.00, a copy of the Appraisal
Report having been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby
determines that all that piece or parcel of land, bearing tax map
no. 137-2-10 and, more specifically described in the Deed presented
at this meeting and referred to the preambles of this Resolution is
surplus property in that it would not be practical to situate a
landfill on the parcel in light of its proximity to the river and,
further, that it is not desirable in light of environmental
concerns, as well as familiarity with the rules and regulations
concerning the establishment, maintenance and closure of landfills
to use the aforesaid parcel as a landfill, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby
determines that the parcel is not needed for any other Town
purpose, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby
recognizes that the zoning designation of the surplus property is
Light Industrial and that the same is located near other similarly
zoned property and hereby further determines that it would be
appropriate for the Queensbury Economic Development Corporation to
utilize the property in connection with facilitating light
industrial development on the parcel as the same would benefit the
Town of Queensbury, as well as the people thereof, in providing
places of employment, further tax revenues and generally support
economic development in the community, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby
expresses its interest and desire to arrange for the sale of the
aforesaid property with a grant of right-of-way over the parcel
previously described in the preambles of this resolution to the
Queensbury Economic Development Corporation, at an amount equal to
its appraised value of $90,000.00, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury
acknowledges the requirement of Section 1411 of the Not-for-Profit
Corporation Law, that, before any sale or lease to a development
corporation shall be authorized, a public hearing shall be held by
the local legislative body and, therefore, sets as a public hearing
date the 21st day of March, 1994, at 7:00 p.m., said public
hearing to occur at the Queensbury Activities Center, 531 Bay Road,
Queensbury, New York, to hear all persons interested in the
proposal and to take such other and further action as may be
required or allowed by law, and
BE IT FURTHER
RESOLVED, that notice of the hearing provided for herein shall
be published at least ten (10) days before the date set for the
hearing, and that publication shall occur by way of the official
newspaper for the Town of Queensbury, and the notice of such
hearing shall be in a form substantially similar to the Notice
presented at this meeting.
Duly adopted this 28th day of February, 1994, by the following
vote:
AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne
NOES: None
ABSENT: Mrs. Pulver