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1985-09-24 TOWN BOARD MEETING SEPTEMBER 24, 1985 TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. Daniel Olson-Councilman Dr. Charles Eisenhart-Councilman Mr. Daniel Morrell-Councilman Mrs. Betty Monahan-Councilman Mr. Wilson Mathias-Town Counsel PRESS: G.F. Post Star, WBZA, W WSC GUESTS: Mrs. Butler TOWN OFFICIALS: Mr. Paul Naylor, Mr. Rick Missita PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN MEETING OPENED 7:57 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINTUES RESOLUTION NO. 217, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of September 12th, 1985 and September 17th, 1985. Duly adopted by the following voter Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION DESIGNATING POLLING PLACES FOR VOTER REGISTRATION RESOLUTION NO. 218, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, the Warren County Board of Elections has requested that the Town Board of the Town of Queensbury designate the polling places for voter registration, and WHEREAS, it would appear that providing for three designated places for voter registration would be sufficient adequately to serve the public convenience for voter registration and would result in a monetary savings, NOW, THEREFORE BE IT RESOLVED, that the Town Board approve the designation of three polling places in the Town of Queensbury for voter registration on October 12, 1985 with four election inspectors at West Glens Falls Fire House, Four Inspectors at North Queensbury Rescue Squad and Six Inspectors at the Queensbury Town Office Building. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None j Absent:None DISCUSSION HELD: Urged the press to notify the public of voter registration... RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 219, Introudced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, to transfer $120.00 from A0951355.440 to A0951355.200 for purchase of a file cabinet. i Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter i Noes: None Absent:None RESOLUTION AUTHORIZING THE ISSUANCE OF $479,800.00 IN SERIAL BONDS OF THE TOWN OF QUEENSBURY, COUNTY OF WARREN, STATE OF NEW YORK ON BEHALF OF AND FOR THE CLENDON BROOK WATER DISTRICT IN THE TOWN OF QUEENSBURY TO PAY THE COSTS OF CONSTRUCTION OF THE IMPROVEMENTS FOR SAID WATER DISTRICT RESOLUTION NO. 220, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, by the Town Board of the Town of Queensbury, acting on behalf of and for the Clendon Brook Water District in the Town of Queensbury, Warren County, New York, as follows: SECTION 1. The improvements proposed for the Clendon Brook Water District, consisting of the construction of a water system to serve said district including original furnishings, equipment, machinery or apparatus required in connection therewith, and also including the acquisition of land and rights in land required in connection therewith, all as more fully described in the map, plan and report prepared in connection therewith, is hereby authorized and the specific object or purpose to be financed pursuant to this resolution is the payment of the costs of said improvement as above described. SECTION 2. The maximum estimated cost of the aforesaid specific object or purpose is $479,800.00 and the plan for the financing thereof is by the issuance of $479,800.00 in serial bonds of said Town of Queensbury maturing in annual installments over a period not exceeding thirty (30) years, which serial bonds are hereby authorized to be issued pursuant to the Local Finance Law. Such bonds are to be payable from amounts which shall annually be levied upon the several lots and parcels of land in the Clendon Brook Water District which the Town Board has determined and specified to be especially benefited thereby; but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes, without limitation as to the rate or amount, sufficient to pay the principal of and interest on said bonds as the same become due and payable and the faith and credit of the Town of Queensbury, Warren County, New York, are hereby pledged for the payment of said bonds and the interest thereon. The serial bonds issued will not have a maturity a maturity date beyond thirty (30) years. SECTION 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty (40) years, pursuant to Subdivision One of paragraph A of Section 11.00 of the Local Finance Law. SECTION 4. It is hereby determined that the proposed maturity of the obligation authorized by this Resolution will be in excess of five years. SECTION 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and the sale of the serial bonds herein authorized, including renewal notes, is hereby delegated to the Supervisor of the Town of Queensbury, the Chief Fiscal Officer. Such note shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor of the Town of Queensbury consistent with the provisions of the Local Finance Law. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None LEGAL NOTICE 14 NOTICE IS HEREBY GIVEN that the resolution published herewith has been adopted by the Town Boad of the Town of Queensbury, Warren County, New York, on the 24th day of September, 1985 and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for for an object or purpose for which said Town is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice or such obligations were authorized in violation of the provisions of the Constitution. September 24, 1985 Donald A. Chase Town Clerk DISCUSSION HELD:Supervisor Walter-This is authorizing the issuance of the total "f cost of the project, I want to make a note to the Board that we are not borrowing as of this resolution the entire amount of the project, we are going to be borrowing on the strength that you are going to allow the issuance of bonds for the entire amount of the project, we are going to only, this fall, borrow a portion. Because of the construction schedule we will only do a portion this fall, the first payment will have to be made next year, we do not want to pay on the full thing when we have not had use of it. discussion was held regarding notice of estoppel...it was decided to publish such notice... RESOLUTION TO AUTHORIZE APPLICATION FOR FUNDS FROM THE NEW YORK STATE DIVISION FOR YOUTH RESOLUTION NO. 221, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the Town of Queensbury is eligible for funds from the New York State Division for Youth, and WHEREAS, Harold R. Hansen, Recreation Director, has prepared application for the total amount of monies which the Town of Queensbury is applying for in the year 1986 for recreation funds in the amount of $26,700.00 for the administration, supervision and operation of year round recreation programs and activities, NOW, THEREFORE BE IT RESOLVED, that the Town Board authorize Frances J. Walter, Supervisor, to sign the funding application for submission to the New York State Division for Youth. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAY TO BE KNOWN AS LYNDON ROAD RESOLUTION NO. 222, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, Robert A. Reid and Margaret F. Reid has executed and offered a deed for a Town Roadway not less than fifty (50) feet in width and an easement agreement for drainage purposes which is more particularly described in the documents marked Schedule "A" and "B" annexed hereto and made a part hereof, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, and surface treatment and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, by his deputy, has advised that the proposed highway is not located within the geographical 4,35 boundaries of the Queensbury Consolidated Water District, and WHEREAS, the title to the land proposed to be conveyed has been approved by Wilson S. Mathias, Esq., Counsel to the Board, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor is hereby authorized to execute the aforesaid drainage easement agreement, and be it further. RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be 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 and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further RESOLVED, that this new road, be hereby added to the official inventory of Town Highways, to be described as follows: ROAD NO. 23 DESCRIPTION: East/West NAME: Lyndon Road 1220.92 feet Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None DISCUSSION HELD: Councilman Morrell-The Recreation Commission had a discussion regarding the proposed new playground at Queensbury School and it was barring certain conditions unanimous on the part of the members present that the Town should do anything if they can to help bring the project to its volition if it were legally possible. If a municipality can do such I would bring before the Board a resolution that we donate the use of the recreation truck on the weekend of October 12th to help complete the project....can we do that? Town Counsel-I do not think it is consitutionally permissible, the prohibition is clear, no public funds may be expended for private purpose or a loan to a private individual or group or association... Councilman Morrell- suggested that the Board support this project through a resolution...Supervisor Walter suggested that she declare the week of October 7-13 be declared Queensbury Recreation Week in honor of the Playground...and suggested that the Town Board volunteer their time and services on that weekend... RESOLUTION OF SUPPORT OF NEIGHBORHOOD PLAYGROUND RESOLUTION NO.,123, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board of the Town of Queensbury hereby officially applauds the efforts of the PTSA, children and area residents for their efforts in the development of the new playground at the Queensbury School, and be it further RESOLVED, that the Town Board wishes to encourage all the residents of the Town to support this recreational project with their expertise in the building of the playground on the weekend of October 11 through the 13th, 1985. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None ANNOUNCEMENTS Supervisor Walter-By the laws of the State of New York the Chief Fiscal Officer has to produce the budget by the 30th of September it has to be filed with the Town Clerk, he then has five days to turn it over to the Town Board...A Special Town Board Meeting will be held on October 2nd. at 4:00 P.M. to turn the Budget over ..f�� to the Town Board... TOWN CLERK-Requested that the Town Counsel prepare a legal notice by tomorrow regarding the new zoning of the Drellos property...questioned if Counsel had heard from the recording of the Deeds for Pinecroft and Thistlewood Roads... TOWN COUNSEL- Regarding the roads no...will have the legal ad ready for the newspaper... COUNCILMAN MORRELL-Questioned the status of the ATV law... TOWN COUNSEL-I have not finished that as of yet... COUNCILMAN MONAHAN-Noted that from the State of Wisconsin the Board has received an ATV law, many interesting concepts regarding registration, age of drivers and speed near residences... SUPERVISOR WALTER-requested that Counsel have a revision of our ATV law by the next meeting... TOWN COUNSEL-yes... SUPERVISOR WALTER-This afternoon I signed a deed for the Town to acquire land off Luzerne Road on the Mountain for the purpose of constructing a two million gallon water storage tank...Kestner Engineer are designing the tank and will be placing this out to bid in the fall... OPEN FORUM Mrs. Alma Butler-Questioned when the ATV law will come before the Board... Supervisor Walter- noted that Counsel is working on it and the Board hopes to have a draft by the next meeting.... RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO.124, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that Audit of Bills as appears on Abstract No. 85-9D and numbered 1795 and totaling $2,986.00 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk .�J