497.98
RESOLUTION AUTHORIZING INTERMUNICIPAL SETTLEMENT
AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE CITY
OF GLENS FALLS REGARDING COLE’S WOODS PROPERTIES
RESOLUTION NO.: 497, 98
INTRODUCED BY: Mr. Richard Merrill
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the City of Glens Falls is the owner of certain properties located in the Town of
Queensbury generally known as Cole’s Woods, which properties consist of several parcels constituting
approximately 90.4 acres which are generally utilized for public open space and recreational purposes,
and
WHEREAS, the City commenced formal, legal annexation proceedings to annex the Cole’s
Woods properties by modifying the municipal boundary line between the Town and the City such that
the Cole’s Woods properties would be located in and become part of the City and no longer be located
in the Town, and
WHEREAS, the Town of Queensbury opposed the annexation proceedings, and
WHEREAS, trial of the annexation proceeding began on September 14, 1998 before Appellate
Division Referees Dominic Viscardi, Charles Lewis and Arnold Proskin, and
WHEREAS, the Town and City share the common goal of preserving the public open space
and recreational use of the Cole’s Woods properties and preventing development of the properties or
uses inconsistent with public open space recreational uses, and
WHEREAS, during the trial and with the assistance of the Referees, the Town and City have
negotiated terms for settlement of the annexation proceeding including discontinuance of the
annexation proceeding by the City and the Town’s agreement to eliminate the City’s taxes on the
properties for forty (40) years, and
WHEREAS, an Intermunicipal Settlement Agreement has been proposed by the City and
presented to the Town Board before and at this meeting, and
WHEREAS, the Town Board wishes to authorize the Town Supervisor to execute the
Intermunicipal Settlement Agreement for the mutual benefit of constituents and residents of both the
Town and City, and
WHEREAS, the Intermunicipal Settlement Agreement is in form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the
Intermunicipal Settlement Agreement with the City of Glens Falls regarding the Cole’s Woods
properties substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs
the Town Supervisor to execute the Intermunicipal Settlement Agreement in form approved by Town
Counsel and to take such other and further action necessary to effectuate the terms of this Resolution.
st
Duly adopted this 21 day of December, 1998, by the following vote:
AYES : Mr. Merrill, Mr. Turner, Mr. Champagne
NOES : Mr. Irish, Mr. Tucker
ABSENT: None
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