1971-11-18 SP Special Meeting November 18, 1971
Members Present:
Gerald B. Solomon Supervisor
Lloyd Demboski Councilman
John Austin, Jr. Councilman
Harold Robillard Councilman
Harold Katz Town Counsel
The meeting was opened with a salute to the flag.
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RESOLUTION NO.
INTRODUCED BY MR. SOLOMON, who moved its adoption.
SECONDED BY MR. DEMBOSKI.
At a meeting of the Town Board of the
Town of Queensbury, Warren County, New
York held at the Town Office Building
in Queensbury, New York, in said Town ,
on the 18th day of November, 1971.
PRESENT:
Gerald B. Solomon, Supervisor
Lloyd Demboski, Councilman
'John Austin, Councilman
Harold Robillard, Councilman
In the Matter
of
The Establishment of the South Queensbury
Water District No. 2 in the Town of
Queensbury, Warren County, New York
.WHEREAS , the Town Board of the Town of Queensbury,
Warren County, New York, has duly caused a general map, plans and
report to be prepared and filed in the office of the Town Clerk
in said Town in relation to the proposed establishment of a water
district in said Town to be known as South Queensbury Water
District No. 2, to be bounded as described in Schedule A attached
hereto and made a part hereof, and
LlWHEREAS , the improvements proposed for said Water
District consist of the construction of a water distribution
system, including water mains , valves , hydrants and appurtenant
facilities , together with the acquisition of lands and rights in
land where necessary, all as more fully set forth and shown on
said map and plans ; and
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WHEREAS , the maximum amount proposed to be expended for
said improvements is $437 ,000.00 , and .
WHEREAS , the proposed method of financing said improve-
ments consists of the issuance of serial bonds to mature in
annual installments over a period not exceeding forty years ,
payable in the first instance from assessments levied and col-
lected from the several lots and parcels of land within said
proposed South Queensbury Water District No. 2 for such purpose
and in the same manner and at the same time as other Town
charges ; and
WHEREAS , said map, plans and . report are available for
public inspection in the office of the Town Clerk of. saidTown
during regular business hours; and
WHEREAS , it is now desired to call a public hearing in
connection with the establishment of said District pursuant to
Section 209-d of the Town Law; NOW, THEREFORE, IT IS HEREBY
ORDERED, by the Town Board of the Town of Queensbury,
Warren County , New York, as follows:
Section 1. A meeting of the Town Board of the .Town of
Queensbury, Warren County, New York, shall be held at the Town
Office Building, Bay and Haviland Roads in said Town, on the 9th
M day of December, 1971 at 8:00 o'clock P.M. , Eastern Standard
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Time , to consider .the establishment of the proposed District'
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described in the preambles hereof, and the general map, plans and
report filed in relation thereto, and to hear all persons inter-
ested in the subject thereof concerning the same, and for such
other action on the part of said Town Board as may be required
by law or proper in the premises .
Section 2. The Town Clerk is hereby authorized and
directed to give notice of such public hearing by publishing a
copy of this order once in the Glens Falls Post Star and Times ,
and the Tri-County News , the official newspapers , and by posting
a copy hereof upon the bulletin board in his office , all in
accordance with the provisions of Section 209-d of theTown 'Law.
Section 3. . This order shall take effect immediately.
Dated: November 18, 1971.
s/ Gerald B . Solomon
Supervisor
s/ Lloyd Demboski
Councilman
s/ John Austin
Councilman
s/ Harold Robillard
Councilman
STATE OF NEW YORK
COUNTY OF WARREN SS. :
I. the undersigned Town Clerk of the Town of Queens-
bury, Warren County, New York, DO HEREBY CERTIFY that I have
compared the preceding order with the original thereof on file
in my office at the Town Office Building in Queensbury, New York
on the 18th day of November, 1971, . and that the same is a true
and correct copy of said original and of the whole thereof.
1 IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed the seal of said Town this 18th day of November, 1971.
Town Clerk
(SEAL)
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SCHEDULE A
SOUTH QUEENSBURY WATER DISTRICT NO. 2
All that certain piece or parcel of land situate, lyin
and being in the Town of Queensbury, Warren County, N.Y. , more
particularly bounded and described as follows: BEGINNING at a
point on the boundary line between Warren County and Washington
County at the northeasterly corner of the present South Queens-
bury Water District, running from thence westerly and northerly
along the several courses of the said present water district to
an angle point therein at the southeasterly corner of lands now
or formerly of Thomas and Cleo Rogers , the said point being also
at an angle point in the bounds of the present Queensbury Water
District; thence running northerly in a straight line to the
southwesterly corner of lands of the Warren County Airport;thenc
running in a northerly, northeasterly and easterly direction along
the westerly, northwesterly and northerly bounds of the Airport
..lands , :crossing Hicks Road, to the northwesterly corner of lands
of the Torrington Construction Company; thence running in an
easterly direction along the northerly bounds of the said lands
of Torrington Construction Company, to the center of the County
Line Road on the said Warren-Washington County line; thence run-
ning in a southerly direction along the Warren-Washington County
dine to the point and place of beginning.
ALSO, all that certain piece or parcel of land situate,
lying and being in the Town of. Queensbury, Warren County, N.Y. ,
more particularly bounded and described as follows : BEGINNING
at a point in the easterly bounds of the City of Glens Falls at
a point distant northerly 200.00 feet from the northerly bounds
of Dix Avenue , measuring at right angles therefrom, running from
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thence in a southeasterly direction along a portion of the south-
erly bounds of the present South Queensbury Water District,
parallel to and 200 .00 feet distant from the northerly bounds of
Dix Avenue , measuring at right angles therefrom, to a point on
the easterly boundary line of lands now or formerly of Michael
and Helen Powhida and the westerly bounds of lands of P . A. and
John Sullivan; thence running in a southerly direction along the
westerly bounds of the present South Queensbury Water District
as the several courses and distances are described in the des-
cription of the said water district, to the center of the Hudson
River on the southerly bounds of the Town of Queensbury; thence
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running in a westerly direction in the center of the Hudson
River and following also the southerly bounds of the Town of
Queensbury, to the southeasterly corner of the City of Glens
Falls ; thence running in a northerly direction along the easterl
bounds of the City of Glens Falls to the point and place of
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beginning.
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RESOLUTION NO.
INTRODUCED BY MR. DEMBOSKI, ,who moved its adoption.
SECONDED BY MR. ROBILLARD.
RESOLUTION OF THE TOWN OF QUEENSBURY
- AUTHORIZING THE ACQUISITION OF LAND
FOR TOWN SANITARY LANDFILL PURPOSES ,
APPROPRIATING $32,735 TO FINANCE THE
COST OF SAID LAND, AND AUTHORIZING THE
ISSUANCE OF SERIAL BONDS OF THE TOWN OF
QUEENSBURY IN THE PRINCIPAL AMOUNT OF
$32,735 TO FINANCE SAID APPROPRIATION.
WHEREAS , Section 64(2) of the T cwn Law authorizes the
Town Board to acquire real property for town functions , and
WHEREAS , the Town Board has determined that it would
be in the best interests of the residents of the Town of Queens-
bury to acquire lands located in said Town and more particularly
described in SCHEDULE A attached hereto and made apart hereof,
and
WHEREAS , the owners of said land have agreed to convey
said land to the Town for the Sum of Thirty-two Thousand Seven
Hundred Thirty-five Dollars ($32,735.00) . and
WHEREAS , said Town Board deems said price to be reason-
able in the circumstances, NOW, THEREFORE, BE IT
RESOLVED;
Section 1. The acquisition for sanitary landfill
purposes of the residents of the Town of Queensb ury, of certain
lands in said Town of Queensbury, County of Warren and State of
New York known and described in SCHEIAILE A attached hereto and
made a part hereof is hereby authorized. The maximum cost of
said specific object or purpose is $32,735.00 which is hereby
appropriated, the same to be financed by the .issuance of serial
bonds of said Town in the principal amount of $32,735.00 and the
levy -of a tax upon all the taxable real property in said 'Town to
pay the principal of said bonds and the interest thereon, as the
same shall become due.
Section 2. Serial bonds of the Town in the principal
amount of $32,735.00 are hereby authorized to be issued pursuant
to the provisions of the Local Finance Law , constituting Chapter
33-a of the Consolidated Laws of the State of New York, as amended.
Section 3 . The following additional matters are hereby
determined and stated:
(a) The period of probable usefulness of the specific
object or purpose for which the bonds authorized by this resolu-
tion are to be issued within the limitations of Sec. 11.00a.31(a)
of said Local Finance Law, is thirty (30) years .
(b) The proposed maturity of the bonds authorized by
this resolution will exceed five (5) years .
(c) No part of the costs of. the said specific object
or purpose authorized by this resolution has been or shall be
specially assessed on property specially benefited thereby.
Section 4. Each of the bonds authorized by this resolu-
tion and any notes issued in anticipation of the sale of such bond
shall contain the recital of validity prescribed by §52.00 of said
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Local Finance Law and said bonds and any notes issued in anticipa-
tion thereof shall be general obligations of the Town of Queens-
bury, payable as to both principal and interest by general tax
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upon all the taxable real property within the Town without limita-
.tion as to rate or amount. The faith and credit of the Town are
hereby irrevocably pledged to the punctual. payment of the princi-
pal of and interest on said bonds and any notes issued in antici-
pation of said bonds , and prov.ision:. shall be made annually in the
budgets of the Town by appropriation for (a) the amortization and
redemption of the bonds and notes to mature in such year and (b)
the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution
and of the Local Finance Law, and pursuant to the provisions of
§30.00 relative to the authorization of the issuance of bond
anticipation notes and of §50.00 and §§ 56.00 to 60.00 of said
Law, the powers and duties of the Town Board relative to pre-
scribing the terms , form and contents and as to the sale and issu-
ance of the bonds hereby authorized and of any notes issued in
anticipation of said bonds are hereby delegated to the Town Super-
visor as the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by
this resolution, and of any ,notes issued in anticipation of said
bonds , may be contested only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to expend
money, or
(b) the provisions of law which should be complied
with. at the date of the publication of such resolution, are
not substantially complied with,
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and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication,
or
(c) such obligations are authorized in violation of
the provisions of the constitution.
Section 7. This resolution shall be subject to a
permissive referendum as provided in Section 209-e of the Town
Law.
Duly adopted by the following vote this 18th day of
November , 1971.
Ayes: Mr. Demboski,- Mr. Austin, Mr. Robillard and
Mr. Solomon.
Noes : None
Absent: None
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SCHEDULE A
PARCEL I
"ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of
Queensbury, County of Warren and State of New York, beginning
at the south west corner of the lot to be described, said corner
being about six (6) chains from the easterly side of the highway from
Ridge Road to Jenkinsville, in the line of the Wm. M. Bronk Coal &
Lumber Co. land. Thence northerly along Wm. M. Bronk Coal & Lumber
Co. land about three (3) chains and thirty (30) links to lands for-
merly owned by Byron Hubbell now owned by McKinney, thence easterly
along McKinney land about five (5) chains and thirty (30) links to
lands owned by Wm. M. Bronk Coal & Lumber Co. , thence southerly
along Wm. M. Bronk Coal & Lumber Co. 's land about three (3) chains
and thirty (30) links to lands of Wm. M. Bronk Coal & Lumber Co. ,
and thence westerly along Wm. M. Bronk Coal & Lumber Co. land five
(5) chains and thirty (30) links to the place of beginning, contain-
ing 1 3/4 acres of land and being three sides on Wm. M. Bronk Coal &
Lumber Co. land and one side bordering on McKinney land, on the
northerly side of so-called Scott Palmer gravel pit."
Being the same premises conveyed by Robbins J. Pingrey to
Wm. M. Bronk Coal & Lumber Co. Inc. , by deed dated July 10, 1942
and recorded in the Warren County Clerk's. Office on July 14, 1942
in Book 222 of Deeds at page 258.
PARCEL II
"ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of
Queensbury, Warren County, New York, bounded and described as
follows : Commencing at the point of intersection of the northerly
line of the road leading from Pattens Millswesterly to the East Lake
George Road and running thence easterly along the northerly line of
said first mentioned road, 450 feet to a corner, which point is
marked by a stone wall; thence northerly in a straight line along
said stone wall about 1350 feet and on a continuation thereof,
northerly to the lands of Scott Palmer; thence westerly along said
Palmer's southerly line 1050 feet to the easterly line of said road
leading from Jenkinsville to the East Lake George Road; thence
southerly along the easterly line of said road leading from Jenkins-
ville to the East Lake George Road about 1350 feet to the place of
beginning, containing 22 1/2 acres be the same more or less. To-
gether with all of the rights of the parties of the first part to
the center of said roads abutting said premises , excepting and re-
serving a right of way across the premi9es , herein described along
the edge of the property next to Palmers line not to exceed 10
feet for access to the timberlands of the parties of the first
part to the east.
"Being a portion of the premises described in a deed from
Frank Anderson to Howard Mason,. dated August 6th, 1920 and recorded
-- in Warren County Clerk's Office in Book 149 of Deeds at page 482."
Being the same premises conveyed by Henry K. Stillwell and
I William M. Stillwell to Wm. M. Bronk Coal & Lumber Co. Inc. , by
deed dated September 26, 1947 and recorded- in the Warren County
Clerk's Office on November 3, 1947 in Book 258 of Deeds at page 154.
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PARCEL III
"ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND situate in
the Town of Queensbury, Warren County and State of New York
bounded as follows: All that certain piece or parcel of land
j situate in the town of Queensbury, and bounded as follows : on
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the North by lands of Allen Clements ; on the East by lands of
Julius Burt; on the South by lands of William H. Seelye, on
the West by lands of Patrick Cronen, supposed to contain two
acres of land, more or less, Being the same premises contained
in a deed executed by Warren J. Smith to William A. Seelye by deed
dated February, 1882, recorded March 15th, 1892, in Liber 65,
Page 209, Warren County Clerk's Office.
"Also all the right, title and interest of the following
named minors, Charles Austin, Hattie S. Bentley. and Emma Bentley
of the town of Queensbury, conveyed by their Special Guardian,
John H. Austin, to William A. Seelye, by deed dated April 24th,
1884, Recorded in the Warren County Clerk's Office, March 15th,
1892, in Book 65 of Deeds, Page 210. Bounded as follows ; said
premises situated in the Town of Queensbury, Warren County, N.Y. ,
bounded and described as follows: on the North by lands of
Betsy Austin, now deceased, Frances E. Shutleff, Ruth A. Morris,
Julius R. Burt, Allen Clements and Warren J. Smith; on the East
by lands of Leonidas Howard and the Clark Colored Brick and
Terra Cotta Company; on the South and West by lands of Patrick
and Catherine Cronen, containing about eleven acres of land,
which .piece of land was formerly owned by Betsy Austin, deceased.
"Also all that piece bounded on the North by land of Allen
Clements ; on the East by land of Frances E. Shutleff; on the
South by the lot of land above described; on the West by land of
Ruth A. Harris, containing about one and one-half acres of land,
more or less.
"Being he
g same parcels as were conveyed by Louise Seelye to
Scott Palmer by deed dated February 17th, 1921 recorded in Warren
County Clerk's Office in Liber 147 of deeds page 331 February 26,
1921.
"Also being part of the same premises as were conveyed to
William M. Bronk by Clara E. Williams by deed dated April 5, 1938,
recorded in Warren Co4nty Clerk's Office in Liber 207"-of deeds
page 494 April 7, 1938."
Being the same premises conveyed by Ethel E. Bronk and
others to Wm. M. Bronk Coal & Lumber Co. Inc. , by deed dated
October 27, 1965 and recorded in the Warren County Clerk's Office
on October 2, 1970 in Book 527 of Deeds at page 50.
The premises above described consist ,of 36.372± acres of land,
as shown on that certain map entitled "Map of a Survey of Lands
of Wm. M. Bronk Coal & Lumber Co. , Inc. , Town of Queensbury,
Warren County, New York",prepared by John B. VanDusen, Licensed
f� Land Surveyor, dated April 30, 1971.
On motion the meeting was adjourned..
Respectfully submitted,
Donald A. Chase
Town Clerk
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