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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. i 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