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