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1972-06-27 SP Special Meeting June 27, 1972 Members present: Gerald B. Solomon Supervisor Lloyd Demboski Councilman Robert Barber Councilman Harold Robillard Councilman Harold Katz Town Counsel Councilman Gordon Streeter was absent. The meeting was opened with a .salute to the flag at 7:00 P.M. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 118, introduced by Mr. Demboski who moved its adoption seconded by Mr. Robillard. RESOLVED, that the Audit of Bills as listed on Abstract 72-6A numbered 769 through 833 totaling $18,883.95 is hereby approved. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard and Mr. Solomon. Noes: None. Absent: Mr. -Streeter. RESOLUTION TO SET PUBLIC HEARING ON TOWN ORDINANCE REGULATING SPEED OF MECHANICALLY PROPELLED VESSELS RESOLUTION NO. 119, introduced by Mr. Barber who moved its adoption seconded by Mr. Solomon. RESOLVED, that a public hearing be held on the following ordinance on the 27th day of July, 1972 at 8:00 P.M. at the Queensbury- Town Office Building, Bay and Haviland Roads , Glens Falls, New York and that the Town Clerk give notice of such hearing by publication of a notice thereof in the official town newspapers at least once 10 days prior to the date specified for such hearing specifying the time when and the place where such hearing will be held and in general terms describing said proposed ordinance. ORDINANCE REGULATING SPEED OF MECHANICALLY PROPELLED VESSELS IN THE AREAS OF SANDY BAY, WARNER BAY, ASSEMBLY POINT AND HARRIS BAY. The Town Board of the Town of Queensbury ordain and enact as follows: Section 1. No mechanically propelled vessel shall be operated at a speed exceeding five miles per hour on the waters of Lake George within the following described areas. The following areas are described in accordance with a chart entitled "Lake George 1970 Base Chart prepared for State of New York Department of Conservation by Dickerson, Czerwinski and Marneck" a. Sandy Bay. Bounded- northerly by. a line 1200 feet north of the southerly shore of Lake George in Sandy Bay, east by Rockhurst, south by the State Land at Sandy Bay, and westerly by Cleverdale. b. Warner Bay. Bounded northerly by a line 1800 feet north of the southerly shore of Lake George in Warner Bay, easterly by shore of Lake George, south by southerly line of Lake George in Warner Bay and Route 9L, west by the shore of Lake George c. Assembly Point.- Speaker Heck Island. Bounded northerly by the southerly line Town of Bolton, easterly by a line which is a projection southerly of the easterly division line between the Town of Bolton and Town of Queensbury, southerly a line parallel with the northerly line and 600 feet south thereof as measured at right angles, westerly by the j easterly line of Speaker Heck Island and easterly line of Long Island. ._J d. Harris Bay. Bounded northwesterly by line between "U8" obstruction buoy and black can buoy west of Happy Family Islands and bounded on the remaining sides by lines drawn between "U8" and the black can buoy to the nearest point on the shoreline and by the shoreline of Harris Bay. Section 2. A violation of this ordinance is hereby declared to be an offense punishable by a fine not exceeding one hundred dollars or by imprisonment for not exceeding thirty days or by both such fine and imprisonment for a conviction of a first offense; by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not exceeding ninety days or by both such fine and imprisonment for a conviction of a second offense committed within a period of eighteen months; by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for not exceeding one hundred eighty days , or by both such fine and imprisonment for conviction of a third or subsequent offense committed within a period of eighteen months. Section 3. This ordinance shall take effect ten days after its publication and posting as required by Section 133 of the Town Law. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Solomon. Noes: None. Absent: Mr. Streeter On motion the meeting was adjourned. Respectfully submitted Donald A. Chase, Town Clerk i RESOLUTION NO 104 INTRODUCED BY MR, ROBILLARD , WHO MOVED ITS ADOPTION SECONDED BY MR. DEMBOSKI RESOLUTION OF THE TOWN OF QUEENSBURY AUTHORIZING THE ACQUISITION OF LAND FROM NIAGARA MOHAWK POWER CORPORATION FOR LOCATION OF A WATER FILTRATION AND TREATMENT PLANT FOR THE QUEENSBURY WATER STORAGE AND DISTRIBUTION DISTRICT, APPROPRIATING $25,000.00 TO FINANCE THE COST OF SAID LAND AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE TOWN OF QUEENSBURY IN THE PRINCIPAL AMOUNT OF $252,000.00 TO FINANCE SAID APPROPRIATION. WHEREAS , the Queensbury Water Storage and Distribution District has been duly established by this Board, and WHEREAS , Section 64(2) of the Town Law of the State of New York authorizes the Town Board to acquire real property for town functions , and !t WHEREAS , the Town Board has determined that it would be in the best interests of the residents of the Town of Queensbury to acquire lands owned by Niagara Mohawk Power Corporation in said town and more particularly described in EXHIBIT "A" attached hereto and made a part hereof, and WHEREAS , by Resolution No . 63, dated March 6, 1969, this Board authorized the Supervisor to enter into an agreement with Niagara Mohawk Power Corporation for the acquisition of said land and to fix and determine the terms thereof, and WHEREAS , Niagara Mohawk Power Corporation has agreed to sell and the Town of Queensbury, by its Supervisor, has Y 9 AY { IA +1 j agreed to purchase said land for the sum of $25,000.00 as the location of a water filtration and treatment plant for the QUEENSBURY WATER STORAGE AND DISTRIBUTION DISTRICT, and WHEREAS , the Town Board deems said price to be reasonable in the circumstances , NOW THEREFORE BE IT RESOLVED: Section 1. The acquisition for the QUEENSBURY WATER STORAGE AND DISTRIBUTION DISTRICT purposes of the residents of the Town of Queensbury, of certain lands in said Town of Queensbury, County of Warren and State of New York known and described in EXHIBIT "A." attached hereto and made a part hereof is hereby authorized. The maximum cost of said specific object r or purpose is $ 25,000.00 which is hereby appropriated, the same to: be financed b the issuance of serial bonds of said �k y s i Town in the principal amount of $25, 000.00 and the levy of a tax upon s all the taxable real property in said Town to pay the principal !5+ �Rk of said bonds and the interest thereon, as the same shall become r Y due . Section 2. Serial bonds of the Town in the principal ;� a; _ R 5 . i }1x� �' amount of $25, 000.00 are hereby authorized to be issued pursuant ti; = to the provisions of the Local Finance Law, constituting Chapter ;k+ itY 33-a of the Consolidated Laws of the State of New York, as ��{k# k''i amended. Section 3. The following additional matters are4, hereby determined and stated SFr (a) The period of probable usefulness of the specifi object or purpose for which the bonds authorized by this resolu- 2. OR }° <<.. 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 exeeed 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 resolution and any notes issued in anticipation of the sale of such bonds shall contain the recital of validity prescribed by §52.00 of said Local Finance Law and said bonds and any notes issued in anticipation thereof shall be general obligations of the Town of Queensbury, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation as to rate or amount . The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of said bonds, and provision 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 said 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 3 . 60.00 of said Law, the powers and duties of the Town Board relative to prescribing the terms, form and contents and as to the sale and issuance of the bonds hereby authorized and of any notes issued in anticipation of said bonds are hereby delegated to the Town Supervisor 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 provisionv of law which should be complied with at the date of the publication of such resolution, are not substantially complied with, 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-a of the Town Law. Duly adopted by the following vote this 8th day of June, 1972. Ayes: Mr . Demboski, Mr . Barber, Mr . Robillard and Mr . Solomon Noes: None Absent: Mr . Streeter 4. 9 x , P�; 4 EXHIBIT "A." ALL THAT PART OR PARCEL OF LAND, situate in the Town of Queensbury, Warren County, New York, and being more particularly bounded and described as follows : Beginning at a point in the project boundary of the Grantor s Sherman Island Development licensed with the Federal Power Commission as a part of Project No . 2482, said point being N 38° 26' W 391.8 feet from Project Point 18, and running thence N. 45 40' E 191.8 feet along the southerly boundary of Corinth Road to a point; thence N 44° 32' E along the aforementioned boundary 592.7 feet to a point, said point being also the northeast corner of the parcel being conveyed; thence S 38° 35' E 507.1 feet to a point, said point being on the northerly boundary of the Project and being also the southeast corner of the parcel being conveyed; thence S 51° 25' W along the said boundary of the Project 780.3 feet to Project Point 18, said point being also the southwest corner of the parcel being conveyed; thence N 38° 26' W 416.8 feet to the place and point of beginning. The above described area contains 8.24 acres, more or less . Also a permanent right of way and easement across Grantor's premises for the purposes of constructing, operating,maintaining and repairing an effluent pipe extending from the above- described 8. 24j`1 acre parcel to the intake canal of Grantor's Sherman Island Hydro Plant . Being a strip of land 50 feet in width, the centerline of which is hereby described as follows : +� Beginning at a point in the project boundary said point being N 38° 26' W 391.8 feet from Project Point 18 and running thence S 00° 19 ' W 541.72 feet to a point . Also a permanent right of way and easement 100 feet in width across Grantor 's premises for the purposes of constructing operating, maintaining and repairing a pumping station and related facilities, the centerline of which being hereinafter described as follows : Beginning at a point situate S 00° 19 ' W from a point situate N 380 26' W 391.8 feet from Project Point 18, said point of beginning being also the point of termination of the above- described easement and running thence S 7° 53' W 106 feet to the waters of the Hudson River . Also a permanent right of way and easement 50 feet in width across Grantor's premises for the purposes of constructing, operating, maintaining and repairing an effluent pipe extending from the above-described 8.24 acre parcel to the intake canal of Grantor's Sherman Island Hydro Plant, the centerline of which being hereby described as follows: Beginning at a point in the Project Boundary said point being N 51° 25' E 386. 2 feet from Project Point 18 and running thence S 18° 14' E 311.4 feet to a point on the boundary or bank of Grantor's intake canal for the Sherman Island Hydro Plant . ".91- t" g C fi ' Excepting and Reserving to party of the first part, its successors and assigns a permanent right of way or easement 25 feet in width along and abutting the northeasterly boundary line thereof over and across the above-described 8. 24 parcel of land for the purposes of operating and maintaining its existing electric line and for the purposes of constructing, operating, maintaining, repairing and replacing future gas and electric facilities within said strip of land deemed necessary by party P of the first part, its successors and assigns . y. pY q 7 RESOLUTION N0. 108 INTRODUCED BY MR. DEMBOSKI, WHO MOVED ITS ADOPTION SECONDED BY MR. ROBILLARD RESOLUTION TO PURCHASE EQUIPMENT FOR PINEVIEW CEMETERY COMMISSION WHEREAS , the Pineview Cemetery Commission of the Town of Queensbury has proven need for grave-digging equipment and has recommended the purchase of such equipment, and WHEREAS , this Board has advertised for and receive bids to supply said Pineview Cemetery Commission with such equipment, and WHEREAS , it appears that the bid of South Hartford Equipment Company meets specifications and is the lowest bid received, THEREFORE BE IT RESOLVED, that the bid of South Hartford Equipment Company of Fort Ann, New York be and the same is accepted and approved for the purchase from said South Hartford Equipment Company of one (1) Case Uniloader Model 1737, Serial Number 9817768 with Davis 130 Backhoe and 36" Bell Hoe Bucket for the sum of $8,889 .00, and be it further RESOLVED, that $8800 of such cost be paid from proceeds of obligations to be issued pursuant to the Local Finance Law, and be it further RESOLVED, that the Supervisor be and he hereby is authorized to issue such obligations of the Town of Queensbury upon satisfactory delivery of such equipment upon such terms and such form as he deems in the best interests of said Town t Syr ,Y 4` yr Al! M1 w..,.., .a;. of Queensbury. Duly adopted this 15th day of June, 1972, by the following vote: AYES : Mr . Demboski, Mr. Barber, Mr . Robillard and Mr. Solomon NOES : None ABSENT: Mr. Streeter 4 x