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