1958-07-31 SP 464
Special Meeting, July 31, 1958
Present:H. Russell Harris Supervisor
Harold Akins Justice of the Peace
Curtis Lampson. Councilman
Stanley-B. Millar Councilman.
-Absent: `
Meredith Bentley Justice of the Peace
` 'The board convened at 7:30 p.m. .
•John Slack was also present.
;The following were presented to-the Town Board:
VANS OUTDOOR ADVERTISING, INC.
141. Guy Park-Avenue.
Amsterdam, New York.
- July 230 1958
Queensbury Zoning Board -
'Queensbury Township '
Glens Falls., N. Y: '
Gentlemen: `
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` Mfr: C. B. Witham was kind enough-to call us yesterday to advise
us of the Zoning meeting held last night.
The writer attended and •wss very much interested In -the meeting
and most disappointed to find that Outdoor Advertising is prohibited.
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We -would like-to ask that we be heard at a meeting with the
Zoning Board, before thdt Ordinance is finally passed:
! Will you please advise us where and when we may be heard?
-Your early attention will be appreciated.
Yours very truly,,
Evans Outdoor Advertising, Inc..
• J.
R. Evans, Pres.
•
• STATE OF RENT YORK
- DEPARTMENT OF LAW
Albany
July, 30, 1958
-Mr. Albert E. Beswick
Warren County Attorney >
-Colvin .lhxildir
Glens Falls , 'New York
Dear Six
This is in answer to your letter of July 29 wherein you ask
if a town board may properly submit a proposed zoning ordinance to
a referendum of the electors of the town.
The general rule is that in the absence of specific authority-
so to do, a town ordinance may not properly be submitted to referen-
dum (Mills Y. Sweeney, .*1 1& My WOO 'tearitakft f�43 N.Y.
4C1-413; Rlkind v. City of New" Rochelle) .Miise. 2d3, 296, aff1d 4
App, Div. 2d 741, aff'd 4 N. Y. 2nd 902 (Advance Sheet No.-125
6/18/58) . I can find no statute authorizing the submission of a
tower zoning ordinance to referendum. Accordingly, I believe such a
submission would be improper,
The Attorney General is authorized to render official opinions
to officers and departments of the State government only. Necessarily,
therefore, the foregoing must be understood to have been fur#ished to
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YOU- informally and unofficially,_ with the desire to be helpful to you.
It is not to be considered a formal opinion of the Attorney General..
Very truly yours,
LOUIS J. LEFKOWITZ
Attorney General..
by., Paul'C. Reuss
Second Assistant
Attorney General
The monthly statement of the Supervisor was read and placed on file:,
I MONTHLY ACA SUPERVISOR
{ June m .1958
Date . Amount
Received RECEIPTS Received
Source..
June 2 Lee Lavery 'Water Coll. N.G.F.W.D. & Ext. $4760.68
3' Earl- Jones Water Coll. W.G.F.W.D. & Eat« • 775.35
6 Lee Lavery Water Coll. N.G.F.W.D. & Ext. 1096.60
6 Earl- Jones Water Call. W.G.F.W.D. & Eat. 48.96
10 Pineview & Highway Ded. _on Payrolls for
Soo. Sec. 74.34
13 Earl Jones Water Coll. W.G.F.W.D. 95.52,
18 Pineview & Highway ded. .on payrolls for
noel Sec. 73.45
18 John Webster Penalties 793.57
18 Frances :Turner Town Clerk Fees 245.75
20 ; Fmk Cowles Cemetery ids 387.50
23 Earl Jones Water Coll. -W.G.F.W.D. 20.80
27 Earl Jones Water Coil. W.G.F.W.D. 10=40
Total Receipts $8282.92:
DISBURSEMENTS Amount
Fund or Account Paid
General 5098.84
Fine View 1010.43
RAJ* Water Di-strict 2181.92,
j • .#. Water District 74.00
Gleverdale Lighting District 41.08
Ft. Amherst-Lighting-District 168.46
W.G.F• Water-District-Ext, 33900
Highway 10792219
Total Disbursements gl74360,92,
/s/ H.- Russell 'Harris
Supervisor
Dated: July 8,. 1958 Town of Queensbury
Robert-, Xolans, District Attorney, representing several property owners
in the BroadAcres section was present and discussed with the Board the
establisht of a sewer district. for which a petition would-be presented
at an early date..
Lee Lavery$, Superintendent of the North Glens Falls Water District, was
Wesent- and -advised therL Board that four hydrants in the district were
out of order and than the city would not repair the same without author-
ization from the Town. Board.
Resol cn Na.
„ introduced by Justice Akins:, seconded by Councilman-
' Mil er�
Lamp Co r-
R SOLi� that Mr«:J �oon be and is hereby authorized and directed i
to and supervise such work and/or repairs as, are requirted in
th cte of the Town, of Queensbury until further notice.
Duly adopted by the following vote.-
Ayers w=, . Miller, Mr. Lampson, Mr:. Akins and Mr. Harris
Noes -► none
466
.Resolution No 74--introduced by Councilman Lampson, seconded by Justice
,Elkins
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RESOLVED that the Supervisor be and is hereby authorized and
directed to transfer from the Contingent Fund the sum of $500 to the
Employees' Social Security item of the General Town Fund. ,
Duly adopted by the 't'oll.owing vote:
Ayes - Mr. Miller, Mr. Lampson, Mr. Akins and Mr. Harris
Noes - none -
The Board generally discussed the proposed contracts for the supplying
of water to the various water districts in the Town of Queensbury that j
are to be entered into with the City of Glens Falls..
Resolution No-. 75
BONA R ,9OLuTION OF JULY 31, 1958
. AQJ M0R7.ZING THE ISSUANCE AND SALE
+ .OF;- SERIAI, BONDS OF THE: TOWN-OF -
,QLltMSBMIY., WART COUNTY,, NEW YORK,
IN THE AMMM OF $10,0100.00 FOR THE
COMpi=ION .OF AN ADDITION TO THE
.TCiWFt STOREROUSE. _ . . .
introduced by
Councilman. M ller, seconded by Councilman Lampsonz:
BE IT RESOLVED, this 31st day of July, 1958, by the Town Board
of the- Town of Queensbury,, Warren County, New York, as follows::.
Section 1. .The .ccmp etion of an addition to the town storehouse
is hereby authorized and for the object or purpose of providing funds
t�o defray the cost thereof,, $10,000.00 of general obligation serial
bonds of the Town of Queensbury, Warren County, New York, to be of the
terms,, form and contents hereinafter provided for, shall be issued
pursuant to the provisions of the Local Finance Law of the State of
New York.
Section- 2. The sum of $11.,000.00 is est,tmated as the maximum.
cost of the object. or purpose -for which such sar;L&I bonds are to be
issued, to wit: the completion of an addition to the town storehouse.
Section 3. The plan; for the financing of =ch object or purpose,
to wtt; the completion of an addition to the town storehouse, consists
of the issuance of, the serial bxonds of the said Town of Queensbury in
the principal sum of $1.0,000.009, thereby providing a portion of the
maximum estimated cost of such object or purpose, and the balance of
11,000.00 from funds appropriated in the current budget.,
Section 4. It is hereby determiped that the objectR or.,purpose
for which such serial b=onds are to be issued fall within sub-paragraph
11 of Sub-divisiorc. (a) o Section 11:00 of the Racal Finance Law and
that the period of probable usefulness of such object,-or purpose is
twenty years.
Sbeti on: 5. That the proposed maturity of the serial bonds here-
by, authorized will.not be in excess of five years.
Section 6. The said 110,000.00 in serial bonds shall be numbered
1 to 4. inclusive and shall be of the following denomination and.,
maturitiseq to ;It: the said bonds shall be of the denomination of
12,5001.00 each and shall mature in numerical order in the amount of
$2,500.00 annually the lst day of March, in..each of the gears 1959 to
1962, inclusive, shall bear interest at a rate not exceeding three per
cent per annum, payable annually on the lst day of March in each year.
That said bonds shall be signed in the name of the Town of Queensbury
by the Supervisor, sealed with the corporate seal of said town and
shall be attested by the Town. Clerk., and both the principal of and interp '
467
est on said bonds shall be payable in lawful money of the United States
of America at the office of the Town Clerk in the Town of Queensbury,
Marren County,, New York.
Section 7, The said serial bond& shall be issued in substantially
the. following form, to wit:.
,UNITED STATES OF AMERICA
State,,9-f-New_Yprk, .
County of...Warren
Town of
No. Serial Bond of 19
The Town of , in the County of Warren„ a muni-
cipality of the State of New York, hereby acknowledges itself to be in-
debted and for value received promises to pay to the bearer of this bond,
or,; if it be registered, to the registered holder,; on the day
Of 19 they sum of
and to pay interest on said sum at the rate of
"Per centum. ( ) per annum semi-annually on the I day of
and in each year from the date -of this bond until it matures,
upon presentation of this bond for notation of the payment of such interest
thereon, or, if this bond be registered, to the registered holder. Both
pri4cipal of and interest on this bond will be paid in lawful money of
thed States of America at the office of the
This .bond may be converted into a registered bond in accordance
with theprovisions of the Local Finance Law.
This bond is one of an authorized issue, the aggregate principal
amount of. which is $ , the bonds of which are of like tenor, except
as to number and maturity, and are issued pursuant to a bond resolution
entitled
The faith and credit of said Town of , Warren County,
New York, are hereby irrevocably pledged for the punctual payment of the
principal of and interest on said bond 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 h4ppened and to have been performed precedent to and
in the issuance of this bond, exist, have happened and have been performed,
and that the issue of bonds of which this is one , together with all other
indebtedness of the said Town of Warren County, New York,
is within every debt and other limit prescribed by the Constitution and
laws of the State of New York.
IN WITNESS WHEREOF, the Town of , Warren County,
New Yo . .mss caused this bond to be signed by its Supervisor, and its
corporate seal to be hereunto affixed and attested by its Town Clerk, and
this bond to be dated as of the day of 19
TOWN OF , Warren County,N.Y.,
By
SEAL Supervisor
ATTEST
Town Clem
Section S.. The Supervisor is hereby authorized a4d directed to I
still such bonds at. private sale. at a price of not less than par value
with accrued interest, if any, to the date of sale , and the proceeds of
such .sale ,shall. be applied solely for the purpose aforesaid.
,motion 9. -Upon due execution and sale- of said bonds,, the same
shall ba slivered. to the purchaser upon the payment by him of the purchase
price in cash to the Supervisor and the receipt of the Supervisor shall be
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a full acquittance to said purchaser who shall not be obliged to see
to the application of the purchase money.
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Section 10. The full faith and credit of the Town of Queens-
bury, Warren County, New York,, are hereby pledged to the punctual pay-
ment of the principal of and interest on such bonds shall be included
in the annual budget and levied as a part of the taxes for each fiscal
year to pay the principal and interest becoming due and payable in 'such
fiscal year.
Section 11. The foregoing resolution was duly put to a vote
which resulted as follows
Ayes - Mr.. Miller, Mr. LBm.pson, Mr. Akins and Mr. Harris
Noes, - none
The resolution having received at least two-thirds affirmative
vote of the members of the: Town Board was declared by the SUpervisgr to
be duly adopted.
Resolution No, 76 introduced by Justice Akins who moved its adoption,
seconded by Mr. Lampaons
WHEREAS,. the Torn. Board ;of the Town of Queensbury has authorized
the issuance .and sale of'. serial bonds. to the amount of $10,000.008, to
provide funds for thee. completion of the addition to the .town storehouse,
RESOLVED, that the Supervisor be and hereby is authorized and
directed to invest $10,000.00 of the funds in the Capital Reserve Fund
of the Town of Queensbury by purchasing said serial bonds.The foregoing resolution was duly ,put to a vote which resulted
as fallows: C
H. Russell Harris Supervisor aye :
Harold C. Akins Justice of Peace aye
Curtis Lampson Councilman aye _
Stanley-E. Miller Councilman aye
The following was read to the Board:
WEST GLENS FALLS FIRE COMPANY NO 1, INC.
West; Glens Falls, New York.
July. 299 1958
Town Board
Town -of Queensbury
Gentlemen:
We hereby make an application for a Bingo license covering the
dates o£ August 7�-8-9, 1958 to be held at our fire house during our
Tenth Annual Bazaar.
The games will be in charge of' Mr. James Rozell our 3rd Asst.
• Fire. chief,
We are enclosing our check in the amount of $30.00.
West Glens Falls Cire Co.
Isl R. -T, Lattimore
Treasurer
Resolution Not introduced by Councilman Miller, seconded by Coun.
man on::
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RESOLVED? that the West Glens Falls Fire Company No. .l, Inc. of
the: Town of Queensbury, be and is hereby granted permission to; show
a display ,of fireworks on August 9, 1:955 upon the expressed condition.
that it be issued for liability insurance policy and have issued to it
469
or its agents a certificate of insurance establishing such fact in
the following, amounts:
850,Q00.00 B.I., one person
$15,000.00 Property Damage, subject to
$100 deductible
$100,000.00 H.I. one accident, and
WHEREAS the West Glens Falls Fire Company No. 1, Inc. has exhib-
ited p-a4cy no, OLT 14-25►-14 of insurance of the Glens Falls Insurance
Comgarq. to thee lown Hoard shoviiig such coverage,
FURTHER RESOLVED that the Town Clerk be and is hereby authorized
1 - and directed to issue .such license.
Duly adopted by the following vote:
Ayes !.#._ Mr. Miller, Mr. Lampson, Mr. Akins and Mr. Harris
Noes - none
t On motion the meeting adjourned,
s
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Town Clerk
SpeeiaJ, Meeting August lg, 1958
Present: ,
,,H. Russell Harris
Supervisor
Msredtth Bentley Justice` of the Peace
Harold Akins Justice of the Peace
Curtis Lampson Councilman
StAnley-B. Miller Councilman
The board conveners at 7:,30 p.m..
The following commnication
was read to the Board.
LAPANN & REARDON
. -Attorne" at-Law _
Glens Falls New York
Supervisor H. Russell Harris and August 13, 1958: Y
Members of the Town Board
Town of Queensbury, Warren County,
New York.
Re: Bayhaven Subdivision
Dear Supervisor Harris and Gentlemen of the .Town
Board bf' the Town of Queensbury:
e].osed
please, find a
proposed deed to a street in Bayhaven
Subdivision: that our client, Diamond 4. Havens, wishes to give to the
Town of Queensbury for street-and highway pu oses.
The Subdivision
map has not been filed in the Warren County Cerkts Office.
If the Proposed deed is acceptable to you, our clisht shall take
the necessary steps to comply with state health regulations and shall
file Cher aforementioned map in the" County Clerk's- Office before the
deed JS- formally delivered to you for y°ur'formal acceptance.
With kindest personal "regards, we remain,
• - Very truly yours ,
LAPANN & REARDON
By: John W. Reardon
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98P I ep °n n hunt
"r Distract covering po'ions- tthe �sYi� - e eN ts..
The petition was received and filed=.
Resolution No. 74 introduced by Justice Akins, seconded by Justice
Bentley:
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