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1973-04-18 SP 245 Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Streeter, Mr. Austin Noes : None RESOLUTION TO SET PUBLIC HEARING ON QUEENSBURY DRAINAGE DIST. - RIDGEDALE - RESOLUTION #128 forth coming from Town Counsel J. David Little to be found on page 246 RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 124, introduced by Mr. Harold Robillard who moved its adoption, seconded by Mr. Gordon Streeter: RESOLVED, that the Audit of Bills as listed on Abstract 73-4 numbered -- 418-through-566 totaling 59 ,538. 68 dollars is hereby approved. Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk SPECIAL MEETING APRIL 18 , 1973 Members Present Superivsor John Austin Councilman Daniel Olson Councilman Robert Barber Councilman - Harold Robillard Councilman Lloyd Demboski Harold W. Katz Assistant to Town Council Meeting Opened 9 :45 RESOLUTION TO AWARD THE BID TO THE S. G. PHILLIPS CORPORATION-WILLISTON, VERMONT FOR CONTRACT #12 INSTALLATION OF TRANSMISSION WATER MKIN AND APPURTENANCES IN THE QUEENSBURY WATER STORAGE AND DISTRIBUTION DISTRICT RESOLUTION NO. 125 , introduced by Mr. Gordon Streeter who moved its a option secon e y Mr. Harold Robillard : WHEREAS, the Town Board advertised for sealed bids for installation of transmission water main and appurtenances in Queensbury Water Storage and Distribution District according to plans and specifications prepared by Joseph A. Kestner, Jr. , professional engineer, and approved by the Town Board, and WHEREAS , it has been determined by the Town Board that the. bid of S. G. Phillips Corporation, of Industrial Park, Williston, Vermont 05495 in the amount of $880,013. 00 was the lowest of the several bids received by the Town Board and S .G. Phillips Corporation having executed and filed the non-collusion certificates required by Section 103-d of the General Municipal Law as amended, be it RESOLVED that the Town Board of the Town of Queensbury, acting for and in behalf of Queensbury Water Storage and Distribution District accept the I bid of S.G. Phillips Corporation in the Amount of $880,013. 00 and that the Supervisor be and he hereby is authorized to execute a contract on behalf of the Town Board of the Town of Queensbury with S.G. Phillips Corporation for the performance of the work and the construction of the improvement in accordance with said plans , specifications and bid, and be it further RESOLVED that the cost of such improvement in the Queensbury Water Storage and Distribution District be financed pursuant to the provisions of the Local Finance Law by the issuance of serial bonds and capital notes of the Town of Queensbury in the total amount of $880,013. 00, and that the proceeds of the sale of such serial bonds and capital notes when issued be appropriated to pay the cost of said improvement. Duly adopted by the following vote on the 18th day of April 1973: Ayes : Mr. Olson, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : Mr. Barber RESOLUTIONS 126 & 127 will be forth coming from Mr. Harold W. Katz, Assistant Town Counsel$ found on pages 247 and RESOLUTION FOR THE ESTABLISHMENT OF THE RIDGEDALE DRAINAGE DISTRICT IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN AND STATE OF NEW YORK, PURSUANT TO ARTICLE 12-A OF THE TOWN LAW RESOLUTION NO. 123, introduced by Mr. Robert Barber, who moved its adoption, secon ed by Mr. Gordon Streeter WHEREAS, certain residents of the Town have requested the establish- ment of a drainage district ; and WHEREAS, the boundaries of the proposed district are set forth on Schedule "A" hereto annexed, and WHEREAS , it is proposed that the cost of such improvement be financed by bond not � to exceed Twenty-seven Thousand Dollars ($27 , 000. 00) , now, therefore, be it RESOLVED AND ORDERED that the Town Board of the Town of Queensbury meet and hold a public hearing at the Town Office Building located at Bay Road, Town of Queensbury, Warren County, New York, on the 10th day of May, 1973, at 7 : 30 o' clock p .m. , eastern standard time, to hear all persons interested inthe subject thereof concerning the same and to take such action thereon as is required or authorized by law; and it is further RESOLVED AND ORDERED that a copy of this order, certified by the Town Clerk, shall be published at least once in the official newspaper of the Town, not less than ten (10) nor more than twenty (20) days before the date set for the hearing aforesaid, and that a copy thereof shall be posted on the sign board of the Town maintained pursuant to sub- division six of Section 30 of the Town Law not less than ten (10) nor more than twenty (20) days before the date designated for the hearing as aforesaid, and it is further RESOLVED AND ORDERED that this order be entered in the minutes of the proceeding of the Town Board. ALL THAT CERTAIN premises more particularly bounded and described as follows ; BEGINNING at a point in the easterly bounds of Meadowbrook Road where the same is intersected by the northerly bounds of the corporation line of the City of Glens Falls , running from thence in a westerly direction along the northerly corporation line of the, City of Glens Falls , to the southwesterly corner of lands of John Peck; thence running in a northerly direction along the westerly bounds of the said lands of Peck, and the westerly bounds of lands of Lawrence Segel, Marion McKenney and Joseph DeMeo to the northwesterly corner of the said lands -of DeMeo at an angle point in the southerly bounds of lands of George Rohrwasser; thence running in a westerly direction along a portion of the southerly bounds of the said lands of Rohrwasser, to the southwesterly corner thereof; thence running in a northerly direction along the westerly bounds of the said lands of Rohrwasser, to the northwesterly corner thereof in the southerly bounds of Cline Avenue; thence running in an easterly direction along the southerly bounds of Cline Avenue to the intersection of the same with the westerly bounds of Sargent Street ; thence running in a northerly direction perpendicular to Cline Avenue and crossing the same to the north- erly bounds thereof; thence running easterly along the northerly bounds of Cline Avenue to the westerly bounds of Meadowbrook Road; thence running easterly continuing the preceeding course and crossing Meadowbrook Road to the easterly bounds thereof; thence running northerly along the easterly bounds of Meadowbrook Road to the northwesterly corner of lands of Florence Maynard; thence running in a southeasterly direction along the northeasterly bounds of the said lands of Maynard to the northeasterly corner thereof„ thence running in a southerly direction along the easterly bounds of the said lands of Maynard, the easterly bounds of lands of Ida White, Joseph Vannier and Carol Vannier to the southeasterly corner of the said lands of Carol Vannier; thence running in a northwesterly direction along; the southwesterly bounds of the said lands of Carol Vannier to the South- westerly corner thereof in the easterly bounds of Meadowbrook Road; thence running in a southerly direction along the easterly bounds of Meadowbrook Road to the point and place of beginning. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None 24'x~ RESOLUTION AUTHORIZING THE CONSTRUCTION OF A' WATER SYSTEM TO SERVE QUEENSBURY STORAGE AND DISTRIBUTION DISTRICT IN THE TOWN OF QUEENS- BURY, WARREN COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST -OF $4,175 , 000 AND AUTHORIZING THE ISSUANCE OF $4,175 ,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. RESOLUTION NO. 127 , introduced by Mr. John Austin who moved its adoption, seconded y Mr. Robert Barber: WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-A of the Town Law, there has been established the Queensbury Water Storage and Distribution District in the Town of Queensbury, Warren County, New York; and WHEREAS, it is now desired to authorize the construction of the pro- posed improvements in and for said District and to authorize the financing of the costs thereof; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York, as follows : Section 1. The construction of a water system to serve QueensUury Water Storage and Distribution District in the Town of Queensbury, Warren County, New York, consisting of a water filtra- tion- plant, maintenance ?wilding and a water distribution system, including water mains , valves , hydrants and appurtenant facilities , together with`.-the acquisition of lands , and rights in land where necessary, and as more fully set forth and shown on the map and plans prepared in connection therewith and now on file in the office of the Town Clerk, is hereby authorized at a maximum estimated cost of $4, 175 ,000. Section 2. The maximum estimated cost of such specific object or purpose is X4, 175 ,000 and the plan for the financing thereof is by the issuance of $4, 175 , 000 serial bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law. Section 3. It is hereby determined that the period of pro- `— bable use u ness �of the aforesaid specific object or purpose is forty years , pursuant to subdivision 1 of paragraph a of Section 11. 00 of the Local Finance Law, It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years . Section 4. The faith and credit of said Town of Queensbury, Warren County, New York, are hereby irrevocably -pledged to the payment. of the principal of and interest on such bonds as the same respectively become due and payable. There shall annually be assessed upon all the taxable real property in said Queensbury Storage and Distribution District at the same time and in the same manner as other Town charges an amount sufficient to pay said principal and interest as the same become due and payable, but if not paid from such source, all the taxable real property within said Town shall be subject to the levy of ad valorem taxes without limitation as to amount sufficient to pay the principal Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms , form and contents , and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6 . In consideration of the purchase and acceptance of any an a o=the serial bonds herein authorized and of bond anticipa- tion notes issued in anticipation thereof by those who shall hold such bonds and notes from time to time, said Town of Queensbury covenants (a) that is will issue and deliver said bonds in accordance with the terms hereof prior to the last maturity date of any such bond anticipation notes, including renewals thereof, in a principal amount at least equal to the principal amount ,of said notes then outstanding and (b) that notwithstanding any other provisions of this resolution, (i) it will make no use of the proceeds of any such bonds or notes which, if such use had been reasonably expected on the date of issue of such bonds or notes , would have caused such bonds or notes to be "arbitrage bonds" within the meaning of Section 103 (a) of the Internal Revenue Code of 1954, as amended, and (ii) as long as any of such bonds or notes are outstanding, it will comply with the requirements of Section 103 (d) of the Internal Reevenue Code of 1954, as amended, and with applicable regula- tions of the Department of the Treasury promulgated thereunder. Section 7. The validity of such bonds may be contested only if: 1) Such bonds are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such bonds are authorized in violation of the provisions of the Constitution. Section 8. This resolution, which takes effect immediately, shall be pubTis-hed in full in -the Glens Falls Post Star and Times, and Tri-County News the official newspapers , together with a notice of the Town Clerk in substantially the form provided in Section 81. 00 of the Local Finance Law. Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None REGULAR MEETING APRIL 26, 1973 MEMBERS PRESENT Harold Robillard Pe xzt.,, -Supervisor Daniel Olson t;o'un c'i loran Robert Barber Councilman Gordon Streeter Councilman J. David Little Town Counsel John Austin -absent Supervisor Guests : Many Residents of Dunhams Bay, Lee Coleman, Thomas Keith,, , Kip Grant, Carl Garb, George Liapes, Harold Boynton, Richard iliciZ, Robert R. Sanders , Mr. Donald Borth-Park Commissioner First on the Agenda Mobile Home Application Richard Finch, Newcomb Street , to place a Mobile Home on Newcomb Street, owner of the land Richard Finch Sr. -Proof of Publication was shown-Mr. Finch was present- The hearing was opened at 7 :.31- no one spoke for or against the applica- tion-the hearing was closed 7 : 33- Mobile Home Application Mr. & Mrs. Robert R. Sanders, r. , to place a mobile home on Sanders Road, owner of the land Robert R. Sanders St. I Proof of publication was shown-the hearing was opened at 7 : 33-no one spoke for or against the application-Mr. Sanders was present- A question from the board was : was there :a lease-Mr. Liapes showed the lease to the Board- the hearing was classed 7 : 34 Public Hearing on Resolution to adopt ordinance number 37 entitled No- Parking on both sides of Sweet Road, Town Road No. 97, between Route 9 and Montray Road-an investigation of our traffic committee and police has shown the need for this resolution. -the hearing was opened-proof of publication was shown-no one spoke. -hearing closed. RESOLUTION TO ADOPT ORDINANCE NUMBER 37 ENTITLED "NO-PARKING ON BOTH SIDES OF S14EET ROAD TOWN ROAD NO. 97 , BEWEEN ROUTE 9 AND MONTRAY ROAD