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1970-01-22 305 RESOLUTION TO ACCEPT TRUCK BIDS RESOLUTION No. 36, Introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Demboski. WHEREAS, Carl A. Garb, Superintendent of Highways for the Town of Queens- bury has recommended that bids be accepted for the purchase of three (3) new 1970 gasoline driven dump trucks with V-8 engines, and the County Highway Superintendent has approved same and WHEREAS, three (3) bids were received and read aloud at a regular Town . Board meeting held on January 8, 1970, and WHEREAS, it appears that Parsons of 'Glens Falls Inc. , Town of Queensbury, is the lowest bidder for the three (3) trucks as advertised, therefore be it RESOLVED, that the bid of Parsons of Glens Falls Inc. , is hereby accepted for a net delivered price of $14,437.36 as bid with equal rear locks. Duly adopted by the 'following vote: Ayes - Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes - None RESOLUTION TO APPROVE AUDIT .OF BILLS RESOLUTION NO. 37, Introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Robillard. RESOLVED, that the Audit of Bills as listed in Abstract 70-1 numbered f #1 through #136 inclusive and totaling $15,665.98 is hereby approved. Duly adopted by the following vote: Ayes - Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes - None On motion the meeting adjourned. Respectfully submitted Donald A. Chase Town Clerk Regular Meeting January 22, 1970 Present: Gerald B. Solomon Supervisor Lloyd Demboski Councilman John D. Austin, Jr. Councilman Harold Robillard Councilman Absent: Hammond- Robertson Jr. Councilman Mr. Robertson was home ill with the flu. �_. Attorney Harold Katz was also present. The meeting was called to order at 8:10 P.M. The following visitors were greeted by the Supervisor: Harwood Beaty Carl Garb, Superintendent of Highways Thomas Flaherty, Water Superintendent Florence Mcllvane, Reporter - Post Star Edward Waters, Dog Warden 666 Charles Ogden, Visitor Chet South, Visitor Harold LaRose, Visitor George Liapes, Visitor Allen Dufour, Visitor Arthur Seney, Visitor Ralph Chambers, Visitor John Flower, Visitor Glenn Gregory, Visitor James Delaire, Visitor Elwood Greene, Visitor Lowell Combs, Visitor James Canavan, Visitor Robert Kelly, Visitor Neal Schoonover, Visitor James Schoonover, Visitor Karl Lashway, Visitor Percy Denton Jr. , Visitor Jack Barrett, Visitor Jerry Greenberg, Visitor Pliney Tucker, Visitor The public hearing was declared open on the proposed contracts with the five fire companies and three emergency squads in the Town of Queens- bury. Proof of publication was presented and read aloud by the clerk. of the contract Copies/were given to the President of the five fire companies for them to review. RESOLUTION FOR FIRE PROTECTION CONTRACTS RESOLUTION No. 38 , Introducted by Mr. Robillard, who moved its adoption, seconded by Mr. Solomon. WHEREAS, there has been duly established in the Town of Queensbury a fire protection district known as "Town of Queensbury Fire Protection District" embracing all of the territory of said Town, and WHEREAS, it is proposed that contracts be entered into with Bay Ridge Volunteer Fire Company, Inc. ; West Glens Falls Volunteer Fire Company, Inc. ; North Queensbury Volunteer Fire Company, Inc. ; South Queensbury Volunteer Fire Company, Inc. ; and Queensbury Central Volunteer Fire Company, Inc. for the furnishing of fire protection to such district, and WHEREAS, due notice has been given of a public hearing to be held at the Town Office Building, Bay and Haviland Roads in said Town, on the 22nd day of January, 1970 at 8 :00 o'clock P.M. , E.S,T. , to consider such contracts, the notice duly specifying the time and place of the hearing as aforesaid and giving in general terms the proposed contract, and WHEREAS, said hearing having been held and all persons interested and q)pearing having been heard, it is hereby RESOLVED, that this Town Board contract with the said Bay Ridge Volunteer Fire Company, Inc. ; West Glens Falls Volunteer Fire Company, Inc. ; North Queensbury Volunteer Fire. Company, Inc. ; South Queensbury Volunteer Fire Company, Inc. ; and Queensbury Central Volunteer Fire Company, Inc. for the furnishing of fire protection to such district in such form as shall be approved by Harold W. Katz, Esq. , Counsel ^, to the Town Board, and incorporating the terms as set forth in general in the notice of public hearing, and it is further RESOLVED, that the said contracts be executed in behalf of this Board by the members thereof. Duly adopted this 22nd day of January, 1970 by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard , and Mr. Solomon. Noes: None Absent : Mr. Robertson As required by law, Councilman Robillard stated that he was President of West Glens Falls Volunteer Fire Company when he voted on this Resolution. 36 During the public hearing Supervisor Solomon pointed out that the total expenditure to be raised by taxes for fire protection for 1970 was $47,600 as compared to $42,600 for 1969. He said the tax rate is eight cents more than last year, rising from $1.28 to $1.36 per thousand. He congratulated the firemen on the protection they are giving the Town and indicated that the cost to the taxpayers was extremely low considering the 66-square-mile area covered and the population and land values involved. Councilman Robillard also commended the fire companies and said he felt we had a good working contract for the next three years. Supervisor Solomon commented that the new contracts with the fire companies and rescue squads differ from those of the past in that they provide for escalated payments over the contract period. Each fire company will re- ceive $9,000 for the year 1970, $9,500 for 1971, and $10,000 for 1972. The rescue squads will receive $1,000 for 1970, $1,250 for 1971 and $1,500 for 1972. There were only a few questions about the phrasing of the contract which Attorney Katz explained. The public hearing was closed at 8 :30 P.M. Resolution No. 38 was duly adopted as prior stated. RESOLUTION FOR AMBULANCE SERVICE CONTRACTS RESOLUTION N0, 39, Introduced by Mr. Robillard, who moved it adoption, seconded by Mr. Solomon. WHEREAS, pursuant to due notice, a public hearing was held by the Town Board of the Town of Queensbury on January 22, 1970 at the Town Office Building, Bay and Haviland Roads in said Town, on the matter of entering into contracts with West Glens Falls Volunteer Fire Company, Inc. ; North Queensbury Volunteer Fire Company, Inc. ; and Bay-Ridge Volunteer Fire Company, Inc. for providing ambulance service for the fiscal years 1970, 1971 and 1972 at the annual consideration and upon the general terms as set forth in said notice of public hearing, and WHEREAS, no one has appeared in opposition to said proposition and it is deemed in the public interest of the residents of said Town to enter into such contracts for ambulance service, it is hereby RESOLVED, that the Town Board of the Town of Queensbury enter into contracts with each of West Glens Falls Volunteer Fire Company, Inc. ; North Queensbury Volunteer Fire Company, Inc. ; and Bay-Ridge Volunteer Fire Company, Inc. for the furnishing of general ambulance service in the Town of Queensbury during the fiscal years 1970, 1971 and 1972 in such form as shall be approved by Harold W. Katz, Esq. , Counsel to the Town Board and incorporating the terms as set forth in general in the notice of public hearing, and it is further RESOLVED, that the Supervisor be and he hereby is authorized to execute contracts with each of said companies on behalf of the Town Board. Duly adopted this 22nd day of January, 1970, by the following vote: . Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, and Mr. Solomon Noes: None Absent: Mr. Robertson As required by law, Councilman Robillard stated that he was President of West Glens Falls Volunteer Fire Company when he voted on this Resolution. The five Presidents of the fire companies came forward and signed the contracts. Supervisor Solomon read the following letter received from the Queens- bury Fire Chiefs, Officers Association: ` Supervisor Gerald B. Solomon Queensbury Town Hall Bay Rd. , Glens Falls, N.Y. Dear Jerry: At a meeting of the Town of Queensbury Fire Chiefsand Officers Association on Monday, Jan.19, at the 'Bay-Ridge firehouse, the subject of color coding the fire hydrants in the town to denote gallonage was discussed at length. The Association went on record as favoring a color code system to be implemented as soon as possible. At the present -� time there are hydrants that produce flows of 500, 750 and 1,000 gallons per minute and it was felt that the amount of water flow should be determined by the color of the hydrant. It was also noted that steamer connections on some of the hydrants in the Ridge and Bay Rds. area are not equipped with national standard thread, thus creating difficulty for fire companies which have national standard thread on steamer hard suction lines. It was- urged that this situation be corrected as soon as possible. The placing of 10-foot posts at all hydrants in the town and equipped with a reflector was also recommended. The need for posts to show the location of hydrants was displayed during the recent snow storm when all of the hydrants were buried. Discussion also took place on the subject of hydrants not in working order. It was noted that when a hydrant is found out of order by the water department that the fire company in which district it is located should be notified over the fire phone and when the hydrant is repaired the fire company should again be notified. It was the feeling of the association that when new hydrants are installed that maps should be provided to the fire company in which the area of responsibility lies and that any previous maps that have been updated by the water department on the hydrant system should be provided to the fire service in the town. Queensbury Fire Chiefs, Officers Assoc. CC: Thomas Flaherty Supervisor Solomon stated that these recommendations would be con- sidered. The following proposed amendment to the Town Zoning Ordinance was read by Councilman John Austin: The following proposed amendment to the Town Zoning Ordinance is placed before the Town Board with the request that it be referred to the Planning Board for -its recommendation: 5.505 Uses b. Garages and Filling Stations. In a C-1. C-2 pr C-3 District or in an M-1 or M-2 Manufacturing District, plans for the erection or structural alteration of any garage for more than five motor vehicles, or of a filling station, shall be approved by the Board of Appeals, only when said plans are accompanied by the written consent of sixty (60) per cent in number of the owners and mortgagees of all property within three hundred (300) feet of any portion of the lot or plot on which said garage of filling station is, or is proposed to be, located. Said Board may require such change therein in rela- tion to yards, locations of pumps and buildings and construction of buildings to minimize traffic difficulties and to safeguard adjacent properties. Comment: The proposed change, requiring consent of 60% of the nearby property owners, is suggested in response to the dilemma 369 posed last fall by the mandated approval of plans for the filling station on the southeast corner of Ridge and Quaker Rds. , despite objections from both residential and manufacturing interests nearby. Such a provision as the one here recommended has been upheld in the courts: Epstein v. Weisser, 278 App. Div. 668, aff'd. 302 N.Y. 916 (1951) ; Matter of Sena v. Gallagher, 11 Misc2d 718 (Sup.Ct. 1957) ; Matter of Centro Building Corp. v. Bd. of Zoning Appeals, 21 Misc.2d 964 (Sup.Ct. 1960) . John Austin Town Councilman Supervisor Solomon read the following memorandum from Gilbert Schlierer, Chief of Police: To: Town Board From: Chief of Police Date: 12-18-1969 Dept: Police Ref. to: George Stannard Recommend the appointment of one full time regular patrolman to the Queensbury Police Dept. George G. Stannard, 427 Canada St. , Lake George, N.Y. Recommended by Chief Dewey Sims and Tropper George Head. G. A. Schlierer From: Police Department To: The Hon. Town Board: Request approval for the appointment of William Murphy as a regular full time Patrolman to the Queensbury Police Dept. . Mr. Murphy is 23 years old, married and lives at 312 Hudson Drive in South Glens Falls. He has completed the Municipal Traning School for Police Patrolmen and has served as a Policeman for the City of Glens Falls for one year. He also served for two and one half years in the Air Police in the U.S. Air Force. G. A. SCHLIERER Gilbert Schlierer, Chief of Police RESOLUTION APPOINTING PATROLMO RESOLUTION No. 40, Introduced by Mr. Robillard, who moved its adoption, seconded by Mr. Demboski. WHEREAS, There is a need for two Patrolmen in the Police Department, and WHEREAS, Gilbert Schlierer, Police Chief, has made known to this Board that William Murphy and George Stannard are both qualified to fill such position, therefore be it RESOLVED, that this Board does hereby appoint William Murphy of 312 Hudson Drive, South Glens Falls, and George Stannard of 427 Canada Street, Lake George, to the position of Provisional Patrolman effective immediately. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, and Mr. Solomon Noes: None Absent: Mr. Robertson 370 Supervisor Solomon presented an application of Eileen Thorpe for a temporary permit to locate a mobile home on Sunset Avenue. Councilman Robillard said he had investigated the case and found that a hardship did exist in that it would be very difficult to move the trailer because of the heavy snowfall. He suggested that a temporary three month permit be granted effective February 1st and that the trailer should be removed by May 1st. RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION No. 41, Introduced by Mr. Robillard, who moved its adoption, seconded by Mr. Demboski. WHEREAS, Eileen Thorpe, Sunset Avenue, Town of Queensbury, has made application in accordance with paragraph 2 (a) Section 4, of an ordin- ance of the Town of Queensbury entitled ORDINANCE FOR THE REGULATION OF MOBILE HOMES and MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside a duly licensed mobile home court at property situated Sunset Avenue, Town of Queensbury, New York, and WHEREAS, it is hereby determined that the facts presented in said appli- cation are sufficient to authorize the issuance of the permit requested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordin- ance, temporary permission is hereby given to Eileen Thorpe of Sunset Avenue, Town of Queensbury, New York, to locate a mobile home outside of a licensed mobile home court for a period of three months at property situated at Sunset Avenue, Town of Queensbury, New York, and that the Town Clerk is hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard and Mr. Solomon Noes: None Absent: Mr. Robertson Supervisor Solomon opened the meeting to the public and asked if anyone cared to speak on any subject. Robert Kelly of 340 Ridge Road thanked the Town for the good job it did in removing the snow from the sidewalk along Ridge Street between Quaker Road and the City limits as it was dangerous for school children who were forced to walk in the road. Supervisor Solomon stated it was a combined effort of State, County and Town to get the job done and thanked Mr. Kelly for stopping in to say "thank you" officially. Pliney Tucker asked what salaries the patrolmen would receive and was told the starting salary is $6,300 with an increase to $6,500 after completion of training. Someone asked if this meant the purchase of more vehicles for the Police Department. The answer was no. RESOLUTION FOR THE ISSUANCE OF CAPITAL NOTES TO REFINANCE THE PURCHASE OF HIGHWAY MACHINERY RESOLUTION No. 42, Introduced by Mr. Austin, who moved its adoption, and seconded by Mr. Demboski. WHEREAS, the Town Board of the Town of Queensbury, New York, after due public notice, by a resolution duly adopted on the 17th play of October, 1968, authorized the Town Superintendent of Highways to purchase certain machinery for highway construction and maintenance at a total cost of $42,686.00, subject to the approval of the County Superintendent of Highways, and provided that $41,250.00 of such cost was to be paid from the proceeds of obligations to be issued pursuant to the Local Finance Law, and WHEREAS, a contract of purchase for such machinery was duly entered into by the Town Superintendent of Highways on the 14th day of November, 1968, which contract has been duly 371 approved by the County Superintendent of Highways, and WHEREAS, pursuant to Resolution No. 41 dated January 1631 1969 , this Board authorized the Supervisor to issue a Capital Note in the amount of $41,250.00 to finance the cost of said machinery, and .WHEREAS, the Supervisor did issue a Capital Note in the foregoing amount which matured on January 16 , 1970, and WHEREAS, this Board desires to pay the sum of $8,250.00 of principal, together with accrued interest, and to finance the balance by the issuance of Capital Notes in the amount of $33,000.00 to mature equally annually over the remaining period of probable usefulness of said machinery, NOW, THEREFORE, BE IT RESOLVED: 1. The specific object or purpose for which obligations are to be issued pursuant to this resolution is to finance the cost of the purchase of three (3) model 2010A International Dump Trucks. 2. The maximum cost of such machinery is $42,686.00, and the plan of financing such cost is as follows: $1,436.00 is to be provided by machinery traded in pursuant to Section 142 of the Highway Law of the value of $1,436.00 together with the sum of $8,250.00 from the Town Highway account. The balance of the cost is to be provided by the issuance of capital notes in the amount of $33 ,000.00 pursuant to this resolution. 3. 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. 4. That the Town of Queensbury issue its capital notes in the amount of $33,000.00 to finance such cost in accordance with the financial plan set forth above. Such notes shall be dated approximately as of the date of this resolution and the power to fix and determine the exact date of such notes is hereby delegated to the Supervisor. 5. Such capital notes shall be numbered 1, 2, 3, and 4 and shall mature in numerical order in four (4) equal install- ments in the years 1971, 1972, 1973 and 1974 respectively. The power to fix and determine the dates upon which such notes shall become due and payable is hereby delegated to the Supervisor. The notes 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 five (5%) percent per annum payable annually. Such notes shall be in substantially the followhg form: UNITED STATES OF AMERICA STATE OF NEW YORK No. County of Warren $89250.00 Town of Queensbury Capital Note of 1970 The Town of Queensbury, in the County of Warren, a municipality of the State of New York, hereby acknowledges itself ti indebted and for value received promises to pay to the bearer of this note the sum of $8,250.00 on the 17th day of January, 19 , together with interest thereon from the date hereof at the rate of five (5%) percent 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 The Glens Falls National Bank and Trust Co. , Glens Falls, New York. This note may not be converted to registered form. This note is one of an authorized issue, the aggregate principal amount of which is $33,000.00, the notes of which are of like tenor, except as to number and maturity. 372 This note is issued pursuant to the provisions of a resolution entitled "Capital Note Resolution" duly adopted by the Town Board of such Town of Queensbury on January 22, 1970. 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 conditons, 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 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 corporate seal to be hereunto affixed and attested by its Town Clerk and this note to be dated as of the 22nd day of January, 1970. Town of Queensbury, New York (Town Seal) by its Supervisor Attest: Town Clerk of the Town of Queensbury, New York 6. The Supervisor is hereby delegated the power to prepare such notes and to sell such notes 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 notes to the purchaser thereof. The powers delegated to the Supervisor by this resolution shall be exercised in conformity ,_j with the provisions of the Local Finance Law. 7. This resolution shall take effect immediately. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, and Mr. Solomon Noes: None Absent: Mr. Robertson RESOLUTION FOR THE ISSUANCE OF CAPITAL NOTES TO REFINANCE THE PURCHASE OF HIGHWAY MACHINERY RESOLUTION NO. 43, Introduced by Mr. Robillard, who moved its adoption, seconded by Mr. Austin. WHEREAS, the Town Board of the Town of Queensbury, New York, after due public notice, by a resolution duly adopted on the 14th day of November, 1968, authorized the Town Superinten- dent of Highways to purchase certain machinery for highway con- struction and maintenance at a total cost of $22,825.00, subject to the approval of the County Superintendent of Highways, and provided that $20,750.00 of such cost was to be paid from the proceeds of obligations to be issued pursuant to the Local Finance Law, and I WHEREAS, a contract of purchase for such machinery was duly entered into by the Town Superintendent of Highways on the 15th day of November, 1968 , which contract has been duly app-roved by the County Superintendent of Highways, and WHEREAS, pursuant to Resolution No. 40 dated January 162 1969, this Board authorized the Supervisor to issue a Capital Note in the amount of $20,750.00 to finance the cost of said machinery, and WHEREAS, the Supervisor did issue a capital note in the foregoing amount which matured on January 16, 1970, and WHEREAS,- this Board desires to pay the sum of $4150.00 of principal, together with accrued interest, and to finance the 3?3 balance by the issuance of capital notes in the amount of $16 ,600.00 to mature equally annually over the remaining period of probable usefulness of said machinery, HOW, THEREFORE, BE IT RESOLVED: 1. The specific object or purpose for which obligations are to be issued pursuant to this resolution is to refinance the cost of the purchase of one (1) 1969 Trojan Tractor Shovel. 2. The maximum cost of such machinery is $22,825.00, and the plan of financing such cost is as follows: $2,075.00 is to be provided by machinery traded in pursuant to Section 142 of the Highway Law of the value of $2,075.00, together with the sum of $4,150.00 from the Town Highway account. The balance of the cost is to be provided by the issuance of capital notes in the amount of $16,600.00 pursuant to this resolution. 3. 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 sub- division "28". (c) The proposed maturity of the obligations authorized by this resolution will not be in -excess of five (5) years. 4. That the Town of Queensbury issue its capital notes in the amount of $16,600.00 to finance such cost in accord- ance with the financial plan set forth above. Such notes shall be dated approximately as of the date of this resolution and the power to fix and determine the exact date of such notes is hereby delegated to the Supervisor. 5. Such capital notes mall be numbered 1, 2, 3 and 4 and shall mature in numerical order in four (4) equal install- ments in the years 1971, 1972, 1973 and 1974 respectively. The power to fix and determine the -dates upon which such notes shall become due and payable is hereby delegated to the Supervisor. The notes 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 five percent (5%) per annum payable annually. Such notes shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF NEW YORK No. County of Warren $49150.00 Town of Queensbury Capital Note of 1970 The Town of Queensbury, in the County of Warren, a municipality 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 $4,150.00 on the 17 day of January, 19 , together with interest thereon from the date hereof at the rate of five percent (5%) 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 form. This note is one note of an authorized issue, the aggre- gate principal amount of which is $16,600.00 , the notes of which are of like tenor, except as to number and maturity. This note is issued pursuant to the provisions of a resolution entitled "Capital Note Resolution" duly adopted by the Town Board of such Town of Queensbury -on January 22, 1970. The faith and credit of such Town of Queensbury are hereby irrevocably pledged for the punctual payment of the principal 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, to- gether with all other indebtedness of such Town of Queensbury, 374 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 corporate seal to be hereunto affixed and attested by -its Town Clerk and this note to be dated as of the 22nd day of January, 1970. (Town Seal) Town of Queensbury, New York By Attest: Its Supervisor Town Clerk of the Town of Queensbury, New York 6. The Supervisor is hereby delegated the power to prepare such notes and to sell such notes 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 limitationsset forth in this resolution. The Supervisor shall deliver such notes to the purchaser thereof. The powers delegated to the Supervisor by this resolution shall be exercised in conformity with the provisions _of the Local Finance Law. 7. This resolution shall take effect immediately. Duly adopted by the following vote: Ayes - Mr. Demboski, Mr. Austin, Mr. Robillard and Mr. Solomon Noes - None Absent - Mr. Robertson The following letter was read by the Town Clerk: JOSEPH A. KESTNER, JR. Consulting Engineer One Kestner Lane, Troy, New York 12180 January 13 , 1970 Mr. Gerald B. Solomon, Supervisor Town of Queensbury Town_ Office Building Bay at Haviland Road, R.D. 1 Glens Falls, New York 12801 South Queensbury Water District Dear Mr. Solomon: Enclosed are four (4) copies of the petition to the Water Resources Commission for approval of completed works for the water works system . constructed in the South Queensbury Water District. A copy of the petition is being sent also to Harold W. Katz, Esquire, Attorney for the Town, and we request that you and Mr. Katz review the petition and let us know of any changes that need to be made. It is necessary that the Town Board pass a resolution authorizing you to submit this petition to the Water Resources Commission. The date of the resolution must be entered under "Sixth" found on the second page of the petition. Please send one fully executed copy of the petition to- 3 ( 5 Fiero F. DeMa.si, Senior Engineer Water Resources Commission Department of Conservation State Campus Site Albany, New York 12226 Please return one signed copy to this office. Very truly yours, OTTO E. KUHL Otto E. Kuhl `— Associate Engineer cc : Harold W. Katz, Esquire RESOLUTION No. 44, Introduced by Mr. Demboski,' who moved its adoption, seconded by Mr. Austin. WHEREAS, the Water Resources Commission made an order on July 25 ,- 1969, approving the plans and specifications for the construction of a water works system in the South Queensbury Water District and such water works system has now been completed, be it RESOLVED, that an application be made to the Water Resources Commission for approval of the completed works in the South Queensbury Water District and that Gerald B. Solomon, Supervisor, be and he hereby is authorized and directed to execute such petition on behalf of the Town Board aE the Town of Queensbury. Duly adopted this 22nd day of January, 1970 by the following vote: Ayes - Mr. Demboski, Mr. Austin, Mr. Robillard- and Mr. Solomon Noes - None Absent - Mr. - Robertson RESOLUTION No. 45, Introduced by Mr. Robillard, who moved its adoption, seconded by Mr. Demboski. BOND RESOLUTION DATED JANUARY 22, L970 A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS NOT EXCEEDING $23,500 TO PAY THE COST OF CAST IRON PIPE FITTINGS USED IN THE RELOCATION OF WATER LINES ALONG ROUTE 9 IN THE QUEENSBURY WATER DISTRICT. WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York, by proceedings duly had and taken pursuant to Article 12-A of the Town Law, has duly established the Queensbury Water District in the Town of Queensbury, and WHEREAS, part of said Queensbury Water District is crossed by Route 9 and said Route 9 has been widened by the State of New York and such widening has required the relocation of existing water transmission lines, and WHEREAS, by Resolution No. 195 dated September 11, 1969 the bid for supplying certain cast iron pipe fittings required by said relocation was awarded to Warren Pipe and Foundry Company, and 376 WHEREAS, said Warren Pipe and Foundry Company has delivered said materials in accordance with the terms of said bid, and WHEREAS, it is now desired to provide for the financing of the cost of said materials used in said Queensbury Water District, be it RESOLVED.by the Town Board of the Town of Queensbury, Warren County, New York, as follows: Section 1. The cost of said materials used in the Queensbury Water District in the Town of Queensbury, Warren County, New York, is hereby authorized at a maximum estimated cost of $23,500.00. Section 2. The plan for the financing of such maximum estimated cost is by the issuance of not exceeding $23,500.00 serial bonds of the Town of Queensbury, hereby authorized to be issued therefor pursuant to the Local Finance Law. Section 3. 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 of said Town, 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 4. It is hereby determined that the period of probable usefulness of the aforesaid object or purpose is forty (40) years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, provided, however, that such bonds shall mature over a period not in excess of thirty years. It is hereby further determined that such bonds will mature over a period in excess of five years. Section 5. It is hereby further determined that no down payment- is required in connection with the aforesaid object or purpose, pursuant to the provisions of Section 107.00 of the Local Finance Law. Section 6. The faith and credit of said Town of Queens- bury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same become due and payable. There shall -annually be assessed upon all the taxable real property in said Water 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 rate or amount sufficient to pay the principal of and interest on said bonds. Section 7. The validity of such bonds may be contested only if: 1. Such brands are authorized for an object or purpose of 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 substantial- ly complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 37 3. Such bonds are authorized in violation of the pro- visions of the Constitution. Section 8. This resolution, which takes effect immedi- ately, shall be published in full in Post Star and Glens Falls t Times, together with a Clerk' s certificate in substantial con- formity with Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolu- tion was duly put to a vote on roll call, which resulted as follows: Councilman Lloyd Demboski voting Yes Councilman Harold Robillard voting Yes Councilman John D. Austin, Jr. voting Yes Supervisor Gerald B. Solomon voting Yes Councilman Hammond Robertson was absent RESOLUTION TO AUTHORIZE STUDY COURSE FOR ASSESSORS RESOLUTION No. 46, Introduced by Mr. Austin, who moved its adoption, seconded by Mr. Solomon. WHEREAS, the New York State Assessors Association is giving a six lesson course of study "Appraisal Principles and Practices" which is offered to the Town Assessors for the sum of $18.00. , and WHEREAS, it is deemed adviseable that the assessors avail themselves, if they so desire, of this course, therefore be it —" RESOLVED, that the three assessors of the Town of Queensbury are authorized to sign for the course, and that it be a proper town charge. Duly adopted.. by the following vote: Ayes - Mr. Demboski, Mr. Austin, Mr. Robillard and Mr. Solomon Noes - None Absent - Mr. Robertson RESOLUTION TO TRANSFER FUNDS AND CLOSE ACCOUNT RESOLUTION No. 47, Introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Robillard. WHEREAS, Resolution #177 of August 27, 1969 called for the consolidation of South Queensbury Lighting District and South Queensbury Lighting District Ext. #1 and WHEREAS, a public hearing was held on September 11, 1969, and the time period calling for a permissive referendum has elapsed, therefore be it RESOLVED, that the two districts are combined and the Supervisor is hereby authorized totransfer the funds of the South Queensbury Lighting District Ext. #1 to the South Queensbury Lighting District thereby closing the account of the South Queensbury Lighting District Ext. #1. Duly adopted by the following vote: Ayes - Mr. Demboski, Mr. Austin, Mr. Robillard and Mr. Solomon Noes - None Absent - Mr. Robertson 378 RESOLUTION TO AUTHORIZE CONTRACTS RELATING TO Y E S PROGRAM FOR 1970. RESOLUTION No. 48, Introduced by Mr. Austin, who moved its adoption, seconded by Mr. Demboski. RESOLVED, that the Town of Queensbury continue joint participation in the Y E S Program during 1970 with the City of Glens Falls and the Village of South Glens Falls, and that the Supervisor is hereby authorized and directed to apply for State Assistance under such pro- gram and be it further RESOLVED, that the Supervisor is hereby authorized to execute contracts _ with the City of Glens Falls and the Village of South Glens Falls, to provide for the joint municipal sponsorship of the program, under which arrangement the City of Glens Falls would be the disbursing municipality for all three communities. Duly adopted by the following vote: Ayes - Mr. Demboski, Mr. Austin, Mr. Robillard and Mr. Solomon Noes - None Absent - Mr. Robertson RESOLUTION No. 49, Introduced by Mr. Robillard, who moved its adoption, seconded by Mr. Solomon. WHEREAS, the Youth Employment Service Program (YES PROGRAM) has submitted a proposed amended budget showing an increase of $786.00 and WHEREAS, the Yes Program funds are supplied by three municipalities and the United Fund of Greater Glens Falls-, and WHEREAS, the State of New York matches the funds of the three municipalities less 5%, now be it RESOLVED, that the Share of the Town of Queensbury for the year 1970 for the Yes'-Program be amended to $835.00 (increase - $135.00) and be it further RESOLVED, that a copy of this Resolution be forwarded to the City of Glens Falls, and be it RESOLVED THAT this Resolution take effect immediately. Duly adopted by the following vote: Ayes - Mr. Demboski, Mr. Austin, Mr. Robillard and Mr. Solomon Noes - None Absent - Mr. Robertson RESOLUTION TO AUTHORIZE CONTRACT WITH CRANDALL LIBRARY RESOLUTION No. 50, Introduced by Mr. Daatnboski, who moved its adoption, seconded by Mr. Austin. WHEREAS, the 1970 budget of the Town of Queensbury provided for an item of $141000.00 to be paid to the Trustees of Crandall Library for library services furnished to the residents of the Township , and WHEREAS, Town Counsel, Harold W. Katz, has approved such a contract between the Town of Queensbury and Crandall Library, RESOLVED, that this contract between the Town of Queensbury and Crandall Library for furnishing library service to the residents of the Town of Queensbury for the fiscal year of 1970 is hereby approved, , and be it further RESOLVED, that the Supervisor is hereby authorized and directed to execute the contract on behalf of the Town, and that a copy of such contract duly signed shall be filed with the Town Clerk. Duly adopted by the following vote: Ayes - Mr. Demboski, Mr. Austin, Mr. Robillard and Mr. Solomon Noes - None Absent - Mr. Robertson 3?9 RESOLUTION TO AMEND AUDIT OF CLAIMS RESOLUTION No. 51, Introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Solomon. WHEREAS, Audit #113 under Abstract 70-1 dated January 8 , 1970 was audited in the amount of $16.60 and Audit #136 was audited in the amount of $76.31 and WHEREAS, Audit #113 payable to Whiteman Chevrolet Inc. had previously been audited and paid and Audit #136, payable to Mannis Oilheat, should have shown a discount of $4.17, therefore, be it RESOLVED, that the amount allowed under Audit #113 be deleted and the amount of Audit #136 be decreased to $72. 14, thereby decreasing the total abstract 70-1 by the sum of $20.77, resulting in a corrected -- total for Abstract 70-1 of $15 ,645.21. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard and Mr. Solomon Noes: -None Absent : Mr. Robertson RESOLUTION TO FILL VACANCY ON PLANNING BOARD RESOLUTION No. 52, Introduced by Mr. Austin, who moved its adoption, seconded by Mr. Solomon. WHEREAS, a vacancy now exists on the Planning Board of the Town of Queensbury, due to the resignation of Fred W. Austin, therefore be it RESOLVED, that Robert D. Monahan, RD #1, Lake Sunnyside Road, Glens Falls, Town of Queensbury, New York, be and he hereby is appointed a member of the Planning Board of the Town of Queensbury effective this date, and to serve for the remainder of the term of Fred W. Austin, said term to expire on September 30, 1974. Duly adopted by the following vote: Ayes - Mr. Demboski, Mr. Austin, Mr. Robillard and Mr. Solomon Noes - None Absent - Mr. Robertson RESOLUTION TO FILL VACANCIES ON RECREATION COMMISSION RESOLUTION No. 53, Introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Robillard. WHEREAS, two vacancies now exist on the Recreation Commission due to the resignation of Joseph A. Lughes, and Donald Chase, therefore be it RESOLVED, that James Porter, 67 Glenwood Avenue, Town of Queensbury, be and he hereby is appointed a member of the Recreation Commission of the Town of Queensbury effective this date, and to serve for the remainder of the term of Joseph A. Lughes, said term to expire on February 27, 1970, and be it further RESOLVED, that Frank Bly, 12 River Street, Town of Queensbury, be and he hereby is appointed a member of the Recreation Commission of the Town of Queensbury effective this date, and to serve for the remainder of the term of Donald Chase, said term to expire on February 27, 1970. Duly adopted by the following vote: Ayes - Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Solomon Noes - None Absent - Mr. Robertson Supervisor Solomon warned violators of the town ordinance requiring garbage and trash collectors to use covered trucks. A.number of arrests have been made and the Police Department and zoning enforee- ment officer have been alerted. 380 Attorney Harold Katz reviewed the recent decision of the Appellate Division with respect to the Warren-Washington County line between Queensbury and Fort Ann. Mr. Katz said: "We are back where we were some years ago, without any true clarification of the -line." The latest development in the long-standing uncertainty stems from the petition of a number of persons who, on the basis of their deeds, had presumed their properties to be in the Town of Fort Ann and asked for a review of the line as established by an engineering survey authorized by the State Legislature. That survey placed their properties in Queensbury. The court subsequently ruled that the state survey was- in error and that the petitioners were correct in their presumption that their properties were in the Town of Fort Ann. On appeal, the Appellate. Division agreed with the finding with --' respect to the petitioning property owners, but eliminated a paragraph that would have established another line determined by an engineer for Washington County. As a result, neither the line established by Washington County nor the line established by the state survey has been recognized. Any further steps the town may take will be a matter of consultation between both county and town. Supervisor Solomon appointed Richard Van Dusen Jr. to complete the unexpired term of his late father on the Committee for Community Beautification. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION No. 54, Introduced by Mr. Austin, who moved its adoption, seconded by Mr. Solomon. RESOLVED, that the Audit of Bills as listed in Abstract 70-1A numbered #137 and #138 and totaling $586.49 is hereby approved. Duly adopted by the following vote: Ayes - Mr. Demboski, Mr. Austin, Mr. Robillard and Mr. Solomon Noes - None Absent - Mr. Robertson On motion the meeting was adjourned. Respectfully submitted Donald A. Chase Town Clerk t