1970-02-05 SP 381
Special Meeting February 5 , 1970
Present: Gerald B. Solomon Supervisor
Lloyd Demboski Councilman
John D. Austin, Jr. Councilman
� llard Counc3man
J,arold mmoniertson, Jr. Coun �man
Attorney Harold Katz was also present.
The meeting was called to order at 4:20 P.M.
i
The following visitors were greeted by the Supervisor:
Thomas Flaherty, Water Superintendent
Fred Austin, Warren County Superintendent of Highways
Monthly report from the Building & Zoning Department was received and
placed on file.
Monthly Statement of Supervisor was received at this time. The total
receipts for the month of January were $307,317.64 and the total dis-
bursements were $109,361.70.
RESOLUTION REGARDING PUBLIC OFFICIAL BONDS
RESOLUTION No, 55, Introduced by Mr. Solomon, who moved its adoption,
seconded by Mr. Robertson.
RESOLVED, that bonds of the following town officers of the Town of
Queensbury are hereby approved as to form, amount, sufficiency of
surety and manner of execution, as follows:
NUMBER SURETY PRINCIPAL AMOUNT
08-09-45 Glens Falls Insurance Co. Norman Ferguson $49000.00
08-09-93 Glens Fails Insurance Co. Donald A. Chase $49000.00
08-09-92 Glens Falls Insurance Co. Patrick Catone $49000.00
and be it further
RESOLVED, that the members of the Town Board sign a certificate to that
effect upon each public official bond described.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr.
Solomon
Noes: Alone
Justice Court Fund Quarterly Statement was received and-placed on record.
RESOLUTION No. 56 will be found on page 382A as it is not available at
this time and will be forthcoming from Attorney Harold Katz. Tr-11-01— (-Ar-P `
�g7G<.S7
RESOLUTION TO APPOINT BUILDING INSPECTOR
RE_SO_LUTION No. 57, Introduced by Mr. Austin, who moved its adoption,
seconded by Mr. Robertson.
WHEREAS, Norman C. Ferguson, has resigned as building inspector for the
Town of Queensbury, therefore be it
RESOLVED, that George P. Lapes, be and he is hereby appointed Building
Inspector for the Town of Queensbury, Warren County, New York effective
immediately, for the year 1970.
Duly adoped by the following vote:
Ayes: Mr. Demboski,- Mr.- Austin, Mr, Robillard,SMr. - Robertson and
Mr. Solomon
Noes: None
Councilman John Austin commented on Resolution No. 57 stating that
the Town Board had received many applications from qualified people
and it had been a difficult choice for the Board but they were glad
to see that they had interested and qualified citizens anxious to
serve in Town positions.
RESOLUTION No. 58 will be found on page 382E as it is not available
at this time and will be forthcoming from Attorney Harold Katz.
Regarding the Warren-Washington County Line dispute Councilman Austin
volunteered to contact Assemblyman Corbett and Councilman Demboski
volunteered to contact Senator Stafford regarding legislation and
report back at the next meeting. --
RESOLUTION No. 59 will be found on page 3820 as it is not available
at this time and will be forthcoming from Attorney Harold Katz.
Vo "' Supervisor Solomon noted that residents of the Town eligible for
partial tax exemption for the elderly in school and town-county taxes
j�'�r must register annually. He pointed out that the deadline for appli-
cations is May lst and he advised persons with questions to contact
the Supervisor's Office or Leon Nassivera, Chairman of the Board of
Assessors.
RESOLUTION TO AUTHORIZE ATTENDANCE TO MEETING OF THE ASSOCIATION
OF TOWNS
REOLUTION No, 60, Introduced by Mr. Demboski, who moved its adoption,
seconded by Mr. Robertson.
RESOLVED, that a second official from the Building and Zoning Depart-
ment is hereby authorized to attend the annual meeting of the Associa-
tion of Towns of the State 'of New York to be held in New York City,
New York, on February 9th, 10th, and 11th, 1970, and be it further.
RESOLVED, that the actual and necessary expense of such attendance,
is a proper town charge.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and
Mr. Solomon.
Noes: None
Councilman Austin referred to the Town Attorney the situation of
encroachment from the shopping center on the cemetery property.
RESOLUTION No. 61 will be found on page 382D as it is not available
S�JC at this time and be forthcoming from Attorney Harold Katz.
Supervisor Solomon stated that February 12 is the date for the first
regular meeting in February but that it is a holiday but that a short
meeting will be held that night primarily to audit bills.
RESOLUTION TO APPROVE AUDIT OF BILLS _ ^— —
RESOLUTION No, 62, Introduced by Mr. Robertson, who moved its adoption, -
seconded by Mr. Austin.
RESOLVED, that the Audit of Bills as listed in Abstract 70-2
numbered #139 through 199 inclusive and totaling $8,195.66. is
hereby approved. ,
Duly adopted by the following vote:
Ayes: Mr. Demboski,. Mr. - Austin, Mr. Robillard,, Mr. Robertson. and
Mr. Solomon
Noes: None
382A
RESOLUTION Nos, 56, In by Mr. Robertson, who moved its adoption,
seconded by Mr. Austin,
RESOLUTION FOR THE ISSUANCE
OF A CAPITAL NOTE TO FINANCE
THE PURCHASE OF A DRILLING
MACHINE FOR THE WATER DEPARTMENT.
WHEREAS, the Town Board of the Town of Queensbury, New
York, as a result of emergency conditions, deems it necessary
to purchase a drilling machine for use by the Town Water Depart-
ment, and
WHEREAS, the Town Water Superintendent has recommended
the purchase of such a machine from Lee Hydraulic Company, Inc.
of Waterford, New York at a cost of $2976.57, and
WHEREAS, there is no provision in the Town Budget for
the purchase of said machine from current funds and the same must
be provided from the proceeds of obligations to be issued pursu-
ant to the Local Finance Law,
NOW, THEREFORE, BE IT RESOLVED:
1. The specific purpose or object for which obliga-
tions are. to be issued pursuant to this resolution is to finance
the cost of the purchase of a Mueller CC25 drilling machine and
attachments.
2. The maximum cost of such machine is $2976.57, and
the plan of financing such cost is as follows: $2976.57 is to be
provided by the issuance of a capital note in the amount of
$2976.57 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 "32".
(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
note in the amount of $2976.57 to finance such cost in accordance
with the financial plan set forth above. Such note shall be
dated approximately as of the date of the delivery of such
machine and the power to fix and determine the exact date of such
note is hereby delegated to the Supervisor.
5. Such capital note shall be numbered 1 and shall
mature in the year 1971. 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 five ^per cent
(570) per annum payable annually. Such note shall be in substan-
tially the following form:
UNITED STATES OF AMERICA
-- STATE OF NEW YORK
No. 1- 1 County of Warren $2976.57
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 $2976.57 on the 11th day of February, 1971,
together with int-,rest thereon from the date hereof at the rate
of five per cent (5%) per annum, payable annually. Both princi-
pal 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
382B
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 $2976.57.
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 February 5, 1970.
The faith and credit of such Town of Queensbury are
hereby irrevocably pledged for the punctual payment of the prin-
cipal and interest on this note according to its terms.
It is hereby certified and recited that all conditions, j
acts and things required by the Constitution and statutes of J
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 11th day of February,
1970.
Town of Queensbury, New York
(seal)- By
Attest: its Supervisor
Town Clerk of the Town of
Queensbury, New York
6. 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 account. 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,
Mr. Robertson, and Mr. Solomon
Noes: None
RESOLUTION No.584 Introduced by Mr. Demboski, who moved its
adoption, seconded by Mr. Robillard.
RESOLUTION DIRECTING PROSECUTION
OF APPEAL TO THE COURT OF APPEALS.
WHEREAS, the Appellate Division of the Supreme Court
has made a decision in the matter of Thomas C. Remsen et al. vs.-
The Board of Assessors of the Town of Queensbury, et al. which
modifies the decision of Hon. Michael E. Sweeney, J.S.C. , and
WHEREAS, said decision of the Appellate Division is
deemed not to be in the best interests of the residents of the
Town of Queensbury, and
WHEREAS, it is necessary to have a determination of
the boundary line between the Towns of Queensbury and Fort Ann,
it is,
RESOLVED, that the Supervisor of the Town be and he
hereby is authorized and empowered to retain Harold W. Katz, Esq.
as counsel in this matter to prosecute an appeal to the Court
of Appeals upon such terms as said Supervisor deems proper and
advisable.
382C
Duly adopted this 5th day of February, 1970 by the
following vote:
Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr.
Robertson, and Mr. Solomon.
Noes: None.
RESOLUTION No. 59, Introduced by Mr. Robertson, who moved its
adoption, seconded by Mr. Austin.
RESOLUTION FOR THE ISSUANCE OF SERIAL
BONDS TO REFUND CAPITAL NOTES PURSUANT
TO LOCAL FINANCE LAW SECTION 91.00.
WHEREAS, the Town Board of the Town of Queensbury, New
York, after due public notice, by a resolution duly adopted on
-- the 17th day 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 $410250.00 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 approved
by the County- Superintendent of Highways, and
WHEREAS, pursuant to Resolution No. 41 dated January
16, 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 $8250.00
of principal, together with accrued interest, and to refund the
balance by the. issuance of serial bonds in the amount of $33,000
to mature equally annually :.the. remaining ,period of probable
usefulness of such machinery as provided for in Local Finance
Law Section 91.00, and
WHEREAS, the Town Board of the Town of Quueensbury, New
York, after due public notice., by a resolution duly adopted on
the 14th day of November, 1968, authorized the Town Superintendent
of Highways to purchase certain machinery for highway construction
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
WHEREAS, a contract- of purchase for such machinery was
duly entered into by the Town Superintendent of- Highways on the
- 15th d4y, of November, 1968, which contract has been duly approved
by the County Superintendent of Highways, and
. WHEREAS, pursuant to Resolution No. 40 dated January
16, 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 refund the
balance by the issuance of serial bonds in the amount of $16,600
to mature equally annually over the remaining period of probable
usefulness of said machinery as provided for in Local Finance
Law Section 91.00,
NOW, THEREFORE, BE IT RESOLVED:
1. The specific object or purpose for which obligations
are to be issued pursuant to this resolution is to refund the
capital notes issued as aforesaid.
2. The maximum cost of such machinery is $65,511.00,
and the plan of financing such cost is as follows: $3,511.00 is
to be provided by machinery traded in pursuant to Section 142 of
the Highway Law of the value of $3,511.00 together with the sum
of $12,400.00 from the Town Highway account. The balance of the
382D
cost is to be provided by the issuance of serial bonds in the
amount of $49,600.00 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 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 serial bonds
in the amount of $49,600.00 to finance such cost in accordance
with the financial plan set forth above. Such bonds shall be
dated approximately as- of the date of this resolution and the
power to fix and determine the exact date of such bonds is hereby
delegated to the Supervisor.
5. Subject to the provisions of the Local Finance Law,
the power to authorize the issuance of and, to sell bond anticipa-
tion 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 thief 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.
6. The faith and credit of the- said Town of Queensbury
are hereby irrevocably pledged for the payment of the principal
of and interest on such bonds as the same become due and payable.
7. This resolution shall supersede resolutions Nos.
42 and 43 of this Board dated January 22, 1970.
8. This resolution shall take effect immediately.
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Duly adopted by the following vote:-
Ayes: Mr. Demboski, Mr. Austin,, Mr. Robillard,
Mr. Robertson, and Mr. Solomon
Noes: None
RESOLUTION No. 61,. Introduced by Mr. Austin, who moved its adoption,
seconded by Mr. Robertson.
WHEREAS, the Town Board has recommended the placement
of a street light at on or near Pole No. 32-140 on the Sunnyside
Road in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the said street- light is hereby auth-
orized and the Town Clerk is hereby authorized and directed to
request the Niagara Mohawk Power Corporation to install said
light.
Duly adopted this 5th day of February, 1970 by the
following vote:
Ayes; Mr. Demboski, Mr. Austin, Mr. Robillard,.
Mr. Robertson, and Mr. Solomon.
Noes: None