1972-09-28 122
Regular Meeting September 28, 1972
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Membets present:
Gerald B. Solomon Supervisor
Lloyd Demboski Councilman
Robert Barber Councilman
Harold Robillard Councilman
Gordon Streeter Councilman
Harold Katz Town Counsel
The meeting was opened at 8:17 P.M. with a salute to the flag.
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The Highway Financial Report for an 8 month period was passed out to
the Board by the Supervisor.
The Supervisor greeted the following persons:
Carl Garb Dan Olson Kip Grant
Lee Coleman Mary Lou Quinn John Austin, Jr.
Michael O'Connor
RESOLUTION TO APPOINT DOG ENUMERATOR FOR 1973
RESOLUTION NO. 170, introduced by Mr. Demboski who moved its adoption
seconded by Mr. Barber.
WHEREAS, annually in September of each year the town board of each town
shall appoint a resident or residents or designate the police department
to prepare a list of persons in such town owning or harboring dogs,
therefore be it
RESOLVED, that Edward J. Waters be and he hereby is appointed Dog
Enumerator under the provisions of Section 108 of the Agriculture and
Markets Law for the year 1973.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon.;_ ,
Noes: None.
RESOLUTION TO AUTHORIZE TRANSFER OF FUNDS
RESOLUTION NO. 171, introduced by Mr. Robillard who moved its adoption
seconded by Mr. Streeter.
RESOLVED, that the Supervisor is hereby authorized and directed to
transfer the sum of $34,000.00from the General Town Fund to the Queensbury
Water District Account, said amount to be repaid to the General Town
Fund as • soon as such money is received from November billings, and in any
event prior to December 31, 1972.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon.
Noes: None.
Supervisor Solomon called attention to the fact that at the October 12
meeting of the board the new dog restraining ordinance will be presented
to the board for a final decision. It has been under consideration for
some time to effect a town ordinance with more control of the dog situation
in the town other than that mandated by the State. It has been necessary
to allocate funds in the forthcoming budget to cover the cost of additional
dog warden and supervision.
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RESOLUTION NO. 172,
Introduced by Mr. SrA4-y,� , who moved its adoption
Seconded by Mr.
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RESOLUTION FOR THE RENEWAL OF CAPITAL NOTE
TO FINANCE RELOCATION OF ROUTE 9 WATER LINES
WHEREAS , pursuant to Resolution No. 222 dated the 24th
day of September, 1970 , this Board authorized the Supervisor to
issue a Capital Note in the amount of $20 ,000.00 to finance the
cost of the relocation of water lines along Route 9 in said Town,
and
WHEREAS , theSupervisor did issue a Capital Note in the
foregoing amount which matured on the 24th day of September, 1971,
and
WHEREAS, by Resolution No. 197, September 23 , 1971, this
Board authorized the Supervisor to pay the sum of $1 ,000 on account
of principal, together with accrued interest, on said note and
to finance the balance of principal due by renewal of said Capital
Note in the principal amount of $19 ,000.00 to mature September 24,
1972, and
WHEREAS , this Board desires to pay $7,000 of principal
and the accrue d interest on said note and to finance the balance
of the principal due by the renewal of said'Capital Note in the
amount of $12,000.00 to mature on the 25th day of September, 1973,
NOW, THEREFORE, BE IT RESOLVED:
1. The specific purpose or object for which such obli-
gation is to be issued pursuant to this resolution is to finance
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the cost of relocating water lines along Route 9.
2. The following determinations are hereby made:
(a) The period of probable usefulness of such
improvements is forty (40) years .
(b) The subdivision of paragraph "a" of Section
1
'- - 11.00 of the Local Finance Law which is applicable
in. the circumstances is subdivision
(c) The proposed maturity of the obligation authorized
by this resolution will not be in excess of one
(1) year.
3. That the Town of Queensbury renew its capital note
in the principal amount of $12 ,000 .00 to finance ,such cost in
accordance with the financial plan set forth above . Such note �. .
shall be dated approximately as of September 25, 1972 , and the
power to fix and determine the exact date of such note is hereby
delegated to the Supervisor.
4. - Such capital note shall be numbered 1 and shall
mature in the year 1973. The power to fix and determine the
date upon which such note shall become due and payable is hereby
delegated to the Supervisor. The note shall be issued in
bearer form, shall not contain a power to convert to registered
form, and shall bear interest at a rate not exceeding three and
three-quarters percent (3. 75%) per annum payable annually. Such
note shall be in substantially the following form:
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UNITED STATES OF AMERICA
STATE OF NEW YORK
No. 1 County of Warren* $12,000.00
Town of Queensbury
Renewal Capital Note of 1972
The Town of Queensbury, in the County of Warren , a munici-
pality of the State of New York , hereby acknowledges itself
indebted and for value received promises to pay to the bearer of
this note the sum of $12 ,000.00 on the 25th day of September,
1973) together with interest thereon from the date hereof at the
rate of three and three-quarters (3. 75%) percentum per annum
payable annually. Both principal of and interest on this note
will be paid in lawful money of the United States ofAmerica at
the office of Glens Falls National Bank and Trust Company, Glens
Falls , New York.
This note may not be converted to registered form.
This note is the only note of an authorized issue in the
amount of $12,000.00.
This note is issued pursuant to the provisions of a resolu-
tion entitled "Renewal Capital Note Resolution" duly adopted by
the Town Board of such Town of Queensbury on September 28, 1972.
The faith and credit of such Town of Queensbury are hereby
irrevocably pledged for the punctual payment of the principal of
and interest on this note according to its terms .
It is hereby certified and recited that all conditions , acts
and things required by the Constitution and statutes of the State
of New York to exist, to have happened and to have been performed
precedent to and in the issuance of this note , exist, have hap-
pened and have been performed, and that this note , together with
all other indebtedness of such Town of Queensbury , is within
every debt and other limit prescribed by the Constitution and
laws of such State.
IN WITNESS WHEREOF , the Town of Queensbury, New York, has
caused this note to be signed by its Supervisor, and its corporat
seal to be hereunto affixed and attested by its Town Clerk and
this note to be dated as of the 25th day of September, 1972.
TOWN OF QUEENSBURY , NEW YORK
By
(Seal) its Supervisor
ATTEST:
a .
Town Clerk of the Town of
Queensbury, New York
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5. The Supervisor is hereby delegated the power to
prepare such note and to sell such note at private sale at not
less than par and accrued interest, and at such sale to fix the
interest rate to be borne by such note within the limitations
set forth in this resolution. The Supervisor shall deliver such
note to the purchaser thereof only against cash or a, certified
check. The proceeds of sale of the note shall be deposited in
the Water Department Fund account. The powers delegated to the
Supervisor by this resolution shall be exercised in conformity
with the provisions of the Local Finance Law.
6. This.. resolution shall take effect immediately.
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Duly adopted by the following vote this 28th day of September,
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1972.
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AYES : -1�w-Q Sri^-• 13�,G� w, n. 3�., SL y,+ . I
NOES:
ABSENT
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RESOLUTION NO. 173
Introduced by S�-4,ra� , who moved its adoption.
Seconded by
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RESOLUTION FOR THE RENEWAL OF CAPITAL NOTE
TO FINANCE PURCHASE OF A USED DIESEL CRAWLER TRACTOR
WHEREAS , pursuant to Resolution No. 199 dated the
23rd day of September, 1971, this Board authorized the Supervisor
to issue a Capital Note in the amount of $23,000.00 to finance the
cost of the purchase of a used diesel crawler tractor for use at
the Town sanitary landfill, and
a
WHEREAS , theSupervisor did issue a Capital Note in the ,.
foregoing amount which matured on the 23rd day of September, 1972 ,
and
WHEREAS , this Board desires to pay $5,000.00 of
principal and the accrued interest on said note and to finance
the balance of the principal due by the renewal of said Capital
Note in the amount of $18,000.00 to mature the 23rd day of
September, 1973,
NOW, THEREFORE, BE IT RESOLVED:
1. The specific purpose or object for which such
obligation is to be issued pursuant to this 'resolution is to
finance the cost of the purchase of a used diesel crawler tractor.
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2. The following determinations are hereby made :
(a) The period of probable usefulness of such
machinery is five (5) years .
(b) The subdivision of paragraph "a" of Section
11.00 of the Local Finance Law which is applicable in
the circumstances is subdivision "28".
(c) The proposed maturity of the obligation
authorized by this resolution will not be in excess
of five (5) years .
3 That the Town of Queensbury renew its capital note
in the* principal amount of $18,000.00 to finance such cost in
accordance with the financial plan set forth above. Such note
shall be dated approximately as of September 23, 1972 , and the
power to fix and determine the exact date of such note is hereby
delegated to the Supervisor.
4. Such capital note shall be numbered 1 and shall
mature in the year 1973. The power to fix and determine the
date upon which such note shall become due and payable is hereby
delegated to the Supervisor. The note shall be issued in bearer
form, shall not contain a power to convert to registered form,
and shall bear interest at a` rate not exceeding three and three-
quarters percent (3.75%) per annum payable annually. Such note
shall be in substantially the following form:
A' 4 ,'.
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UNITED STATES OF AMERICA
STATE OF NEW YORK
No. 1 County of Warren $18,000.00
Town of Queensbury
Renewal Capital Note of 1972
The Town of Queensbury, in the County of Warren, a muni-
cipality of the State of New York, hereby acknowledges itself
indebted and for value received promises to pay to the bearer of
this note the sum of $18,000.00 on the 23rd day of September,
1973, together with interest thereon from the date hereof at the
rate of three and three-quarters (3.75%) percentum per annum
payable annually. . Both principal of and interest on this note
will be paid in lawful money of the United States of America at
the office of Glens Falls National Bank and Trust Company, Glens
Falls , New York.
This note may not be converted to registered forma
This note is the only note of an authorized issue in the
amount of $18,000.00.
This note is issued pursuant to the provisions of a
resolution entitled "Renewal Capital Note Resolution" duly adopte
by the Town Board of such Town of Queensbury on September 28,1972. ,.
The faith and credit of such Town of Queensbury are
hereby irrevocably pledged for the punctual payment of the
principal of and interest on this note according to its terms .
It is hereby certified and recited that all conditions ,
acts and things required by the Constitution and statutes of the
�-- State of New York to exist, to have happened and to have been
performed precedent to and in the issuance of this note , exist,
have happened and have been performed, and that this note ,
together with all other indebtedness of such Town of Queensbury,
is within every debt and other limit prescribed by the Constituti n
and laws of such State.
IN WITNESS WHEREOF, the Town of Queensbury, New York, has
caused this note to be signed by its Supervisor, and its corporate
seal to be hereunto affixed and attested by its Town Clerk and
this note to be dated as of the 23rd day of September , 1972.
TOWN OF QUEENSBURY , NEW YORK
(Seal) By
its Supervisor
ATTEST:
Town Clerk
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5. The Supervisor is hereby delegated the power to
prepare such note and to sell such note at private sale at not
less than par and accrued interest, and at such sale to fix the
interest rate to be borne by such note within the limitations
set forth in this resolution. The Supervisor shall deliver such
note to the purchaser thereof only against cash or a certified
check. The powers delegated to the Supervisor by this resolution
shall be exercised in conformity with the provisions of the Local
Finance Law.
6. This resolution shall take effect immediately.
Duly adopted by the following vote this 28th day of
September, 1972. .
AYES: 'Ywq- 13 ,,t--,-
NOES : -
ABSENT:
a
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RESOLUTION NO. '7Y
Introduced by who moved its adoption.
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Seconded by
RESOLUTION FOR THE RENEWAL OF A CAPITAL NOTE
--- °TO FINANCE THE PURCHASE OF A HUBER ROLLER
FOR THE HIGHWAY DEPARTMENT.
WHEREAS , pursuant to Resolution No. 196 dated the 23rd
day of September, 1971, this Board authorized the Supervisor to
issue a Capital Note in the amount of $3,500.00 to finance the
purchase of a Huber roller for the Highway Department, and
WHEREAS , the Supervisor did issue a Capital Note in
the foregoing amount which matured on the 23rd day of September,
1972, and
WHEREAS , this Board desires to pay $1 ,750.00 of
principal and the accrued interest on said note .and to finance
the balance of the principal due by the renewal of said Capital
Note in the amount of $1,750.00 to mature the 23rd day of
September, 1973,
NOW, THEREFORE, BE IT RESOLVED:
1. The specific purpose or object for which such
obligation is to be issued pursuant to this resolution is to
finance the cost of the purchase of a Huber roller machine.
f
2. The following determinations are hereby made:
(a) The period of probable usefulness of such
machinery is five (5) years .
(b) The subdivision of paragraph "a" of Section
11.00 of the Local Finance Law which is applicable
in the circumstances is subdivision "28".
(c) The proposed maturity of the obligations
authorized by this resolution will not be in excess
of five (5) years .
3. That the Town of Queensbury renew its capital note
in the principal amount of $1,750.00 to finance such cost in
accordance with the financial plan set forth above. Such note
shall be dated approximately as of September 23, 1972 , and the
power to fix and determine the exact date of such note is hereby
delegated to the Supervisor.
4. Such capital note shall be numbered l and shall
mature in the year 1973. The power to fix and determine the
date upon which such note shall become due and payable is hereby
delegated to the Supervisor. The note shall be issued in bearer
form, shall not contain a power to convert to registered form,
and shall bear interest at a rate not exceeding three and three-
quarters percent (3. 75%) per annum payable annually. Such note
shall be in substantially the following form:
�j
UNITED STATES OF AMERICA
STATE OF NEW YORK
No.1 County of Warren $1 ,750.00
Town of Queensbury
Renewal Capital Note of 1972
The Town of Queensbury, in the County of Warren, a muni-
cipality of the State of New York , hereby acknowledges itself
indebted and for value received promises to pay to the bearer of
this note the sum of $1 ,750.00 on the 23rd day of September,
1973, together with interest thereon from the date hereof at the
rate of three and three-quarters (3. 75%) percentum per annum
payable annually. Both principal of and interest on this note
will be paid in lawful money of the United States of America at'
the office of Glens Falls National Bank aid Trust Company , Glens
Falls , New York.
This note may not be converted to registered form.
This note is the only note of an authorized issue in the
amount of $1 ,750.00.
This note is issued pursuant to the provigions of a
resolution entitled "Renewal Capital Note Resolution" duly
adopted by the Town Board of such Town of Queensbury on September .•
28, 1972.
The faith and credit of such Town of Queensbury are
hereby irrevocably pledged for the punctual payment of the
principal of and interest on this note according to its terms .
It is hereby certified and recited that all conditions ,
acts and things required by the Constitution and statutes of the
State of New York to exist, to have happened and to have been
performed precedent to and in the issuance of this note , exist,
have happened and have been performed, and that this note ,
together with all other indebtedness of such Town of Queensbury,
is within every debt and other limit prescribed by the Constitu-
tion and laws of such State.
IN WITNESS WHEREOF , the Town of Queensbury , New York, has
caused this note to be signed by its Supervisor, and its corporate
seal to be hereunto affixed and attested by its Town Clerk and
this note to be dated as of the 23rd day of, September, 1972.
TOWN OF QUEENSBURY, NEW YORK
(Seal) By
_ATTEST
Town Clerk
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5. The Supervisor is hereby delegated the power to
prepare such note and to sell such note at private sale at not
less than par and accrued interest, and at such sale to fix the
interest rate to be borne by such note within the limitations
set forth in this resolution. The Supervisor shall deliver such
note to the purchaser thereof only against cash or a certified
check. The powers delegated to the Supervisor by this resolution
shall be exercised in conformity with the provisions of the Local
Finance Law.
6. This resolution shall take effect immediately.
Duly adopted by the following vote this '28th day of
September, 1972:
AYES 'Y►+
-rAI. _jllklli
NOES :
ABSENT
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The following letter was received by Gerald Solomon from Town Counsel
Harold Katz.
September 27, 1972
Hon. Gerald B. Solomon
Supervisor, Town of Queensbury
Queensbury Town Office Building
RD #1 Bay Road
Glens Falls, New York, 12801
Re: D & H Railroad Tax Abatement
Dear Gerry:
Research indicates that Section 37 of the Town Law and Article 10
of the Real Property Tax Law control the cancellation and reduction
of tax penalties and interest and and cancellation and compromise
of unpaid taxes.
We have discussed these sections of law and the request of D & H
Railroad for a tax abatement with Robert Beebe, Counsel to the New
York State Department of Equalization and Assessment. He is familiar
with the problem and advises that his department takes the position
that any tax forgiveness would be unconstitutionaland considered a
gift of public funds. This position has been imparted to the D & H
representatives. In light of this, neither of us can understand the
D & H approaching the various municipalities on an individual basis.
In summary, the Town of Queensbury has no authority to forgive or
extend the D & H tax payments or the interest and penalties thereon.
Respectfully yours,
HWK:vh Harold W. Katz
cc: Leon Nassivera Town Counsel
Assessor, Town of Queensbury
A petition was received from William and Clara Aronson co-owners of
the Aronson farm property on Bay Road requesting a change from an
R-4 to an R-5 to allow construction of multiple family dwellings there.
The petition was referred to the Planning Board for their recommendations.
RESOLUTION TO ACCEPT DEED FOR TOWN HIGHWAY
RESOLUTION NO. 175, introduced by Mr. Demboski who moved its adoption
seconded by Mr. Robillard.
WHEREAS, Sherwood Acres Corporation has executed and offered a deed for
town roadways not less than 50 foot width, which are described in
Schedule A at hereto and made a part hereof and
WHEREAS, Carl A. Garb Superintendent of Highways, has advised that he
recommends to this Board that it accept this land for highway purposes
into the Town highway system, and
WHEREAS, the deed has been approved by Harold W. Katz, Esq. , Counsel
to the Board, NOW THEREFORE BE IT
RESOLVED, that the aforementioned deed be and the same is hereby
accepted and approved, and that the Town Clerk is hereby authorized
and directed to cause said deed to be recorded in the Warren County
Clerk' s. Office, after which said deed shall be properly filed in the
office of the Town Clerk, and be it further
RESOLVED, that these new roads are hereby added to the official
inventory of town highways, and described, as follows:
ROAD NO. :
DESCRIPTION:
NAME: NOTTINGHAM DRIVE and KINGS PLACE, (part of each)
MILEAGE:
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon.
Noes: None.
On motion the meeting was adjourned.
Respectfully submitted, Donald A. Chase
- OWM CLERK