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1974-07-11 1 "REGULAR MEETING JULY 11, 1974 MEMBERS PRESENT: John Austin Supervisor Daniel Olson Councilman Robert Barber Councilman Harold Robillard Councilman Gordon Streeter Councilman J. David Little Town Counsel Meeting Opened 7: 31 P.M. Salute to the Flag. . . i GUESTS : Members of Fire Companies, Dr. Frank Peters, Bill Gates, Paul Herring, Residents of Sandy Bay, Kattskill Bay, and the Lake George Area. . . .Kip Grant, Lee Coleman, Craig Johnson BID OPENING-Police Car- Supervisor Austin requested the reading of the bids. . . Town Clerk-no bids were received. . . Supervisor Austin-with no bids this will be referred to the Police Chief we can now buy under an emergency basis. . . AMENDMENT TO ORDINANCE FOUR WAY STOPS- LYNNFIELD DRIVE AND OWENSAVENUE, SUNSET DRIVE AND OWED AVENUE - PUBLIC HEARING - OPENED 7 : 31 P.M. Notice Shown. . . Mr. Frank Peters-in favor of the four way stops . . . Join Ash of Sunset and Owen Avenues in favor of the proposed ordinance. . . Bill Gates- in favor Paul Herrig-of Lynnfield and Sunset-noted the great nedd for the stop signs. . Gabriel Risco of Owen Avenue supported the proposed amendment. . . No communications were received in opposition to the stop sign ordinance. . . Closed: 7: 32 P.M. RESOLUTION TO AMEND ORDINANCE NO. %28 OF THE TOWN OF QUEENSBURY 6EHATSBGNSTOP SIGNS AT OWEN AND SUNSET AND OWEN AND LYN"IELD RESOLUTION NO. 168, Introduced by Mr.Harold Robillard who moved its adoption, seconded by Mr. Robert Baer: WHEREAS, the Town Board of the Town of Queensbury has received petitions from several residents of the Owen Avenue, Lynnfield, Sunset Drive area of the Town of Queensbury, requesting stop signs be placed at the intersection of Owen Avenue and Lynnfield and Owen Avenue and Sunset Drive so as to create a stop at those intersections and WHEREAS it is provided by Sections 1660 (a) (1) of the Vehicle and Traffic law of the State of New York that a town may create stop intersections and establish same within such town, and WHEREAS Section 130 of the Town Law provides that a public hearing be held upon all proposed ordinances and a*endments thereof to be held upon due notice as provided for therein and iw WHEREAS a proposed amendment was presented to the Town Board and after due notice a public hearing was held thereon by the Town Board on the 11th of July, 1974 at 7: 30 P .M. D.S.T. at the Town Office Building, Bay and Haviland Roads, Glens Falls, New York 12801, and that the Town Clerk gave notice of such hearing by publication thereof in the official town newspapers at least once prior to the date specified for such hearing, specifying the time when and the place where such hearing will be held and in general terms describing said proposed amendment and WHEREAS all persons were heard both in favor of and apposed to, now, therefore be it RESOLVED, that Ordinance #28 of the Town of Queensbury establishing through highways and stop intersections in the Town of Queensbury, County of Warren, and Statsoof New York be amended as follows : Section No. 1 Ordinance No. 28 of the Town of Queensbury establishing through highways and stop intersections in the Town of Queensbury, Qanney of Warren, and State of New York is hereby amended to include stop intersections at, the intersection of Owen Avenue and Lynnfield Drive and Owen Avenue and Sunset Drive with stop signs to be erected at these intersections. Section No. 2 All ordinance or parts thereof of the Town of Queensbury, inconsistant with the avisions of this ordinance are hereby repealed; provided, however, tha such repeal ahall be only to the extent of such inconsistency and in all other respects this ordinance shall be in addition to the other ordinances regulating and governing the subject matter covered by this ordinance. Section No. 3 This ordinance shall take effect immediately. Duly adopted by the following, vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes: None Absent: None MOBILE HOME-PUBLIC HEARING-HARDLD L. HERMANCE JR. - to locate a mobile 1 home on Pasco Avenue on property owned by Theresa Hermance-Building and Zoning"Harold Hermance given until June 14, 1974 to remove trailer. This is my understanding from Mr. Hermance. " Notice shown. . . Opened 7 :35 P.M. No one spoke Closed 7 : 36 P.M. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 169, Introduced by Mr. John Austin who moved its adoption, seconded by Mr. Gordon Streeter: WHEREAS, Harold L. Hermance Jr. has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury entitled; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home at property situated Pasco Avenue, and WHEREAS, this town board has conducted a public hearing in connection with said application and has heard all persons desiring to be heard in favor of or against said application, and WHEREAS, it is hereby determined that the facts presented in said applica- tion and at said public hearing are sufficient to authorize the issuance of the permit requested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Harold L. Hermance Jr. to locate a mobile home at property situated at Pasco Avenue and that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes: None Absent: None PUBLIC INFORMATION MEETING REGARDING- ORDINANCE #33 INCREASING ANCHORING TO 200 FEET FROM THE SHORE LINE SUPERVISOR AUSTIN: Next we have called a public information meeting and I think there are a number of people here in regard to this on a proposal which was formulated and presentoJto the Town Board by the Kattskill Bay Association and by many other residents along the lake property owners and summer residents with respect to questions of our ordinancennuinber-133 Regulating the operations of motor boats in the Town of Queensbury. A provision of this ordinance has to do `tith the regulation of anchorage and it states presently -No person shall anchor or moor a boat within 100 feet of any pri- yate;,dock or other improved property except in case of emergency or at the direction of any police officer or at the invitation of the owner or leasee of said dock or improved property. Essentially what this attempts to do is to deal with the problem of, I think it is a particular problem in Sandy Bay though it is not limited to that area, and that is the boater who is rather inconsiderate of his fellow citizens and docks his boat and spends the day or spends several hours swimming and perhaps throwing refuse into the lake and that sort of thing right off someones dock or in a place where perhaps people that are renting or owning the premises like to swim. It was felt by the Kattskill Bay Association particularly with respect with Sandy Bay that the 100 feet was not a terriblyylarge distance and they suggested an increase and we have suggested for purposes of discussion, 200 feet, we are open to suggestion on that. This is not a public hearing a public hearing would be required to amend the ordinance, this is a similiax sort of a meeting a public information meeting to get the ideas , pro or con any other suggestions as to this particular matter from those who might be effected, boaters or property owners or otherwise. I would ask if any dne has any comment what so ever on this proposal to increase the regulation of anchorage of boar8 within the Town of Queensbury. Yes, Sir. 135 WILLIAM SHERMAN: I have a petition here, I . . . .give it to you or read it is in reference to the two hundred feet? SUPERVISOR AUSTIN: Yes sir, If you would like to read it and then leave it with the clerk, that would be find. WILLIAM SHERMAN: We the undersigned, being land owners in Warner Bay, Lake George, New York, wish to go on record as being in favor of Boats being restricted from anchoring closer than 200 feet from the shore line. This is about 30 some odd names. SUPERVISOR AUSTIN: Fine, could I have your name for the record? WILLIAM SHERMAN: My name is William Sherman. SUPERVISOR AUSTIN: Thank you Mr. Sherman, and that will be made part of the record and I think could also be included in any record or public hearing we might have - WILLIAM SHERMAN: Thank you. SUPERVISOR AUSTIN: Is there anyone else who wishes . . .yes mam. HELEN GALLAGHER: My name is Helen Gallagher, I live on Sandy Bay, half way down, I now speak for myself and my husband, but any of us who live in that area of Sandy Bay invaded ever weekend, every Polida4.fFiet��hiere is a total lack of privacy the moors the bedlam the refuse,, romm anything from the docks would be appreciated. . . MRS. JANSON: I am Mrs. Janson. SUPERVISOR AUSTIN: Yes , Mam. MRS. JANSON: I live on Sandy Bay and I came to say A-men to everthing she just said. SUPERVISOR AUSTIN: Thank you. Yes Mam. REPRESENTATIVE OF KATTSKILL BAY ASSOCIATION: As a representative of Katt- skill Bay Association I would like to re-affirm our position..200 foot dockage. SUPERVISOR AUSTIN: Is there anyone else, thank you very much, Mrs . McMillian Does anyone else have any further. . . . UNKNOWN: We were a little confused on that, was it 100' from the dock or 100' from the shore? . . . SUPERVISOR AUSTIN: From the shore. UNKNOWN: From the shore, wh1l1I agree with them, I live on Sandy Bay and we do not have any privacy at all on the weekend, anything they do to keep them out is fine with me. I ROY BECKERLY: I am Roy Beckerly from Sandy Bay and I confirm and agree with the statements that you have made Mr. Austin, as well as the others who are present and have spokenzabout this matter. We like to see people enjoy the lake but we feel that we des*rve a little more privacy then we have with 100' limitation right now and I think 200' would be a great improvement. SUPERVISOR AUSTIN: Thank you Roy. Does anyone have any thoughts in respect to the figures of 200' this was not a magic number it was suited by the K.attskill Bay Association and I did not know if anyone had any thoughts on that? The lady in the back. please? JANE AUSTIN: I am Jane Austin, and I do not think 200' in the shallow end ii long enough there is a water line there, we have problems with boat anchoring right over our water line , . . . . I think were the water is shallow the line needs to be- brought out, our water line is 200' from shore. SUPERVISOR AUSTIN: 200' I see. Thank you. Anyone else, I did not mean to cut anyone off? Mrs. McMillian? r MRS . MCMILLIAN: I have another question which I would like to make public, but present it to you and the Town Board. Is there any reason why mooring of boats has to be in Sandy Bay? It is such a problem for people living there. There, water, bathing, anything goes. .-. . Is there anything that says that you have to let people moor there at all? Let' s say for more than an hour because they stay there all night and all weekend. SUPERVISOR AUSTIN: Sitting here I can not answer that question.. Our town attorney is meeting with our Board of Assessment Review. I will be glad to refer that to him. I think it would have some bearing on the width of the bay itself, which sitting here I just do not know off the top of my head. Mr. Borth is here. MR. BORTH: I might say also that any ordinance you pass regulating boats on waters of the state must be approved by Office of Parks and Recreation. Whether they would approve an ordinance forbidding any anchorage in the Sandy Say::, would be doubtful. COUNCILMAN OLSON: What would be the width of the bay? MR. BORTH: Jack Byrnes is here. What do you think about it Jack? JACK BYRNES : I could not give you a width on the bay. JOHN AUSTIN: Yes , I do not know either. MR. BYRNES:Now, that you have called on me, I would like to say one thing about refuge. I have been on patrol for nine years and I fail to find all the refuge in the bay. If you find or see anyone distributing refuge in the bay would you take the boat number down and swear out a warrant and I am sure we will get a good arrest. . . . Thank you. SUPERVISOR AUSTIN: Thank you. GEORGE CLINK: If it prohibits any anchorage 200 feet from shore, is that correct? SUPERVISOR AUSTIN: Within 200 feet from any private dock or other improved properties. GEORGE CLINK: What happens to all the boats that are presently moored within 200 feet of the docks? SUPERVISOR AUSTIN: They can remain there with permission from the owner. Are you talking about someone who has given someone permission to moor? GEORGE CLINK: Right. SUPERVISOR AUSTIN: That is not covered here.That would be permissible. Anyone could give a person permission to moor their boat in front of their . . . . . GEORGE CLINK: In other words, there are sailboats for instance in Warner Bay, probably 15 or 20 of them anchored and they are all within 100 feet of shore. SUPERVISOR AUSTIN: But they are there by permission of the owner, of the property I would imagine. If not then they are in violation. Is there anyone else who has anything that they might wish to tell the board about this matter? Does the board have any comment? Is there any action that you would like to take? Would you care to set a public hearing"'on a proposed amendment':2at this point on the basis of the information that we have? COUNCILMAN OLSON: I think we should go ahead with this public hearing. SUPERVISOR AUSTIN: Yes, Mam. MARJORIE CRONIN: I am from Sandy Bay also and I wonder if there is anything that could be done about the concentration, the number of boats in that very small area. Fifteen years ago there may have been to boats. . a d,,,,,,�yyo�,,��ii would think nothing of it but now they are so close ,Q -Man f them are t'Piey are there all day long they have no self contained-facil ties or anything 137 it just doesn' t seem a good thing. . . JOHN AUSTIN: My only response to that would be that with the increase of the area in which mooring is prohibited this will perhaps make a greater concentration t6ward the center but is would be so uncomfortable or unpleasent that perhaps this would reduce the population. MARJORIE CRONIN: Of course the water is deeper as you get out and it would not be as bad, I mean the people that are in the lower end of Sandy Bay with all those boats and the houses that are there, I just don't think that UNKNOWN: Mr. Austin, One other thought that I had in that regard is as far as health is concerned is I just wonder if it is possible to restrict people from anchoring there all night as some of the boats do that might — be a restriction that could be imposed. SUPERVISOR AUSTIN: That is a good point Roy and that is perhaps something we could inquire of the dividion of recreation of motor boats as to whether an all night restriction would be possible. I know that there is some such restriction at some of the State Campsites it seems to me some of my recol3ectior from reading the rules and regulations there. It woulU make some sense. We have had some late night accidents in Sandy Bay and they have been very unfortuna:3te and that has been a particular area. . Yes, Sir. UNKNO14N: Has the Town given any thought to designating anchorage where boats can go? COUNCILMAN OLSON: I do not quite understand your question sir? UNKNOWN: You are saying you cannot go into Sandy Bay and anchor, now your are talking about not anchoring over night, I am asking is there any anchorage area in Lake Geprge that has been designated as an anchorage? . . .and area where boats could go where they woul�q' t be in anybody' s way? SUPERVISOR AUSTIN: I do not know if we have -Ae authority to do thatAt is certainly a matter for consideration as to discussing it with the State as to what facilities are available no I don't know that there are such facilities. UNKNOWN: I don't think you have the authority anyways to . . .anchorage . . . SUPERVISOR AUSTIN: I think we do. . . COUNCILMAN STREETER: Well, the Bolton Town line comes close it is an oddity, it comes close to these areas we are talking about. . . SUPERVISOR AUSTIN: I do not mean to cut off discussion we do have one other fairly lengthly topic to take up with a number of other people tonight, again is there anyone else who wishes to be heard on this proposal? UNKNOWN: Just one other thing, It would be a terrible difficult type of restriction to enforce, if only those boats with the appropriate sealed tanks were allowed to dock for or moor for a limited period of time it might also eliminate some problems. . .perhaps we could have any comments from the enforcement officer if there is any way,-that any restrictions of that nature could be enforced. SUPERVISOR AUSTIN: I think that is another matter Mr. McMillian that could be discussed with the division for motor boats and I think that instead of setting a public hearing in two weeks that if it agreeable with the board I would have some communication with the Park Commission and with the division of motor boats as to some of these matters that have been raised tonight and then perhaps we could frame some sort of a proposed ordinance that -would be subject to public hearing within the perview of"what we can do under law, or at least one Gentleman here does not think we can limit anchorage at all, and I certainly would like to check that out, because we have been illegal for some time if we can't and also some of the other suggestions that have been raised tonight. I think that might be the way to percede unless the board has some other thoughts on it. Supervisor Austin: noted several letter that were received concerning the 5 mile per hour speed limit . . . (two small children showed picket signs in favor of keeping the 5 mile per hour speed limit) (letter from-F.W. Boucher, William C. Baldwin, R. A. Baldwin, Sallie and George Brooks, Albert S. and Neally Dardis, Mr. & Mrs. Allen Strack, Tricia C. Maksail, Richard W. Wardron) Petition Received and read regarding 5 mile per hour speed limit. . . Informational meeting Closed 7 : 56 P.M. Informational Meeting-Fire Code Adaption and Fire Marshal. Opened 8: 04 P.M. Supervisor Austin: opened hearing noting the work of the fire committee and asked Gary Evans to speak on the proposed Fire Code. . . GARY EVANS : noted the need for a fire code and what the public could expect from it . . . Alady from the group inquired to Mr. Evans about the status of Cinema I and II in regard to being a fire hazard. Mr. Evans stated that this theater pre existed Fire Codes and if she had a fear of the theater she should not patronize it. Mr. Austin stated that he would like to refer that to the Building Dept. immediately because there is some jurisdiction in our building code. Mr. Austin asked Mr. Liapes to refer the matter to the Town Attorney. Mr. Larry Trackey asked the question if this ordinance will supercede federal and state standards. Mr. Austin said this proposed ordinance will not supercede any Federal State, County ordinances. Supervisor Austin read parts of the proposed ordinance. Mr. Austin explained how the Board would take applications for the Fire Marshal and how the Marshal would be selected. Ed Waters stated that he heard that the man who was selected for Fire Marshal would have to resign from the fire co, if he was a member of one. Mr. Austin said that this is not a part of the specifications. J Mr. Leslie Hillis asked the Board to incorporate in the ordinance that the Fire Marshal also submit reports to the five fire chiefs in the Town of Queensbury. The Board thought this was a good point. Mr. Austin thanked Mr. Evans and the Fire Committees for their input in regard to this ordinance and also the Cool Insurance Agency for getting the Board some copies of the Fire Code. RESOLUTION TO SET PUBLIC HEARING TO ADOPT"9RDINANCE ENTITLED ORDINANCE ADOPTING A FIRE PREVENTION CODE, ESTABLISHING THE POSITION OF FIRE MARSHAL AND DEFINING HIS POWERS AND DUTIES RESOLUTION NO. 170 Introduced by Mr.Daniel Olson who moved its adoption, seconded by Mr .Harold Robillard: WHEREAS, pursuant to Section 130 of the Town Law of the State of New York, the Town of Queensbury has the authority to enact the ordinance for the purpose of fire provention, now, therefore be it, RESOLVED, that a public hearing on the following proposed ordinance be held on the 8th day of August, 1974 at 7 : 30 P.M. D.S.T. and that the Town Clerk give notice of such hearing by publication of notice thereof in the offic= e ial town newspapers once at least 10 days prior to the date specified for such hearing, specifying the time when and the place where such hearing shall be held and in general terms describing said proposed ordinance. The ordinance shall read as follows : ORDINANCE NO. 40 OF THE TOWN OF QUEENSBURY 1. There is hereby adopted by the Town of Queensbury for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1970 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Paragraph 10 and 14 of this Ordinance, 139 of which code not less than three (3) copies have been and now are filed in the office of the Town Clerk and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the Town of Queensbury. 2. The Fire Prevention Code shall be enforced by the Fire Marshal of the Town of Queensbury, which position is hereby established and who shall operate under the supervision of the Town Board of the Town of Queensbury. b. The Fire Marshal shall be appointed by the Town Board. The appointee shall have the following experience and training: Graduation from high school and one year of experience in building `— construction activities or four years as a volunteer fireman or two years as a paid fireman; or any equivalent combination of experience and training. He shall have a thorough knowledge of modern practices, materials and tools used in building construction; some knowledge of state and local building codes; thorough knowledge of local fire laws; ability to gain the cooperation of others; firmness with courtesy; tact; good judgement; good physical condition. He shall be a resident of the Town of Queensbury. His appointment shall continue during good behavior and satisfactory service, and he shall not be removed from office except for cause after public trial. c. The Fire Marshal shall make a written report monthly of his activities to the Town Board and Chiefs of all duly organized Fire Companies within the Town in a form to be determined by the Town Board. 3. Definitions: a. Whenever the word "Municipality" is used in the Fire Prevention Code, it shall be held to mean the Town of Queensbury. b. 1henever the term "Corporation Counsel" is used in The Fire Prevention Code, it shall be held to mean the Attorney for the Town of Queensbury. c. Whenever the term "Chief of the Bureau of Fire Prevention" T is used in the Fire Prevention Code, it shall belsheld to mean the Fire Marshal. d. Whenever the term "Chief of the Fire Department" is used in the Fire Prevention Code, it shall be held to mean the Chief of and duly organized Fire Company in the Town of Queensbury. e. Whenever the term "Bureau of Fire Prevention" is used in the Fire Prevention Code, it shall be held to mean the Town Board. 4. The limits referred to in section 12. 5b of the Fire Prevention Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows : All commercial and residential districts as shown on the Zoning Map of the Town of Queensbury. 5. a. The limits referred to. in section 16.22a of the Fire Prevention Code in which storage of flammable liquid in outside above- ground tanks is prohibited, are hereby establised as follows : All commercial and residential districts as shown on the Zoning Map of the Town of Queensbury. b. The limits referred to in section 16. 61 of the Fire Prevention Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows : All commercial and residential districts as shown on the Zoning Map of the Town of Queensbury. 6. The limits referred to in section 21. 6a of the Fire Prevention Code, in which bulk storage of liquified petroleum gas is restricted, are hereby established as follows : All commercial and residential districts as shown on the Zoning Map of the Town of Queensbury, 7. The routes referred to in section 12. 7m of the Fire Prevention Code for vehicles transporting explosives and blasting agents are hereby established as follows : All Interstate and State Highways within the Town of Queensbury. 140 8. The routes referred to in section 20. 14 of the Fire Prevention Code for vehicles transporting hazardous chemicals and other dangerous articles are hereby established as follows : All Interstate and State H*ghways within the Town of Queensbury. 9. The fire lanes referred to in section 28. 16 of the Fire Prevention Code are hereby established as follows : Those described in ordinance No. 38 of the Town of Queensbury and in any other such - ,fire lane ordinance hereafter adoptdd. 10. The Fire Prevention Code is amended and changed in the following respects: a. Section 1. 7 is deleted. b. Section 1.8 is deleted. c. Section 29. 1 is deleted and the following is substituted therefore: "Section 29. 1 Permit Required. No tent covering an area in excess of 300 square feet and intended for a use other than camping or residential purposes shall be erected, maintained, operated or used without a permit." 11. The Fire Marshal shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modifications when granted or allowed and the decision of the Fire Marshal thereof shall be entered upon the records of his office and a signed copy shall be furnished the applicant. 12. Whenever the Fire Marshal shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent And meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Marshal to the Town Board within 30 days from the date of the decision appealed. 13. The Town Boord, the chiefs of all duly organized Fire Companies within the Town and the Fire Marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials , processes , or occupancies , which shall require permits, in addition to those enumerated in said code. The Fire Marshal shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons . 14. The Fire Prevention Code shall be applicable only where consistent with Federal, State, County and Town Laws, ordinances and regulations. Where the Fire Prevention Code is inconsistant with such laws, ordinances and regulations, it shall be superseded by such laws, ordinances and regulations. 15. Any persons who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Town Board or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a viola- tion, punishable by a fine of not more than $50. 00 or by imprisonment for not more than 30 days or by both such fine and imprisonment. The impositio of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such vi6lations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. b. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions . 16. The Town Board hereby declares that should any section, paragraph, sentence or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the Town Board that it would have passed all other portions of 141 this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. 17. . The ordinance shall take effect and be in force from the after ten days after posting and publication pursuant to Section 133 of the Town Law. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mrs Robilard, Mr. Streeter, Mr. Austin Noes'-- None Absent: None Mobile Home Application of Terissa Rose of Illinois Avenue to locate a mobile home on Illinois Avenue property owned by Goldie Lopez-Building Goldie Lopez, and Terissa Rose were present. . . hardship shown Inspector recommended approval. . . RESOLUTION TO AUTHORIZE PUBLIC HEARING 1!4SOLUTION NO. 171, Introduced by Mr. Gordon Streeter who moved its adoption, seconded by Mr. Robert Barber: WHEREAS, Terissa Rose has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury entitled ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside at property situated at Illinois Avenue, and WHEREAS , it is hereby determined that said application complies with the requirements of said ordinance, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to justify further consideration by this board, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, the town board shal-I conduct a public hearing on said application on August 8, 1974 at 7 :30 P .M. in the Queensbury Town Office Building, Bay Road, and that the Town Clerk is hereby authorized and directed to give proper notice of said public hearing in accordance with the provisions of said ordinance. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber , Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent: None Mobile Rome Application of John H. Rothermel of West Mt. Road to locate a mobile home on West Mt. Road on property owned by Ethel and Dan :Croni:n- Building Inspector-approval-Mr. Rothermal was not present. . . Tabled for 2 weeks. . . MEETING OPENED: 8 :47 P.M. Councilman Robillard: The Town Board has received tonight the proposed constitution and by-laws from a represenative of the Police Department requesting that we recognize the Queensbury Police Association. . . referred to the Town Attorney. . . tabled for two weeks. . . -Town of Queensbury Residents : Clean-Up Week is conducted only during a specified period in the spring of each year. At present tax levels, the Town cannot afford a program for the regular pick-up of rubbish, brush, leaves , lawn clippings and other refuse deposited on or next to Town streets and highways . To litter the streets is unfair to neighbors who otherwise take care of their rubbish and refuse. If the taxpayers in a particular neighborhood wish to create a special tax district`'for regular refuse collection, they are a 142 encouraged to petition the Town Board for a quotation of the anticipated cost. In such a district, the cost would be assessed against those who own property in the district and receive the benefit of regular pick-up. In cases where refuse is regularly placed on the street other than during Clean-Up Week or for commercial pick-up, the Town intends to enforce the appropriate ordinances against littering. This letter is being distributed in areas where such street littering has been a problem. Its receipt by you does not necessarily indicate that you are an offender. Very truly yours, Carl Garb --j Highway Superintendent -Monthly Statement of the Supervisor-Month of June, 1974: Total Receipts-$141, 043. 89 Total Disbursements-$533, 675 . 05 Supervisor Austin: in accord with the F aderal Wage Hour law the Town will pay time and one half for hours worked in excess of a 40 hour week-hourly employees. . . retroactive to May 1st. , 1974 -Monthly report of the Dog Warden- Month of June, 1974 read and .filed. . . -Monthly report of the Town Clerk-Month of June, 1974, read and filed. . . -Highway Report on file June, 1974 -George P . Liapes-Building and Zoning Department to Town Board-The New York Board of Fire Underwriters have called my attention to electrical inspections being conducted by a competitor. Queensbury Ordinance #32, Section 1 specifically states that the New York Board of Fire Underwriters are authorized and deputized electrical inspection agents for the Town of Queensbury. This Ordinance was duly adopted in January 1971 by the Queensbury Town Board. George P. Liapes -Petition received from 9 residents of Bay road requesting a meeting re: the Bay Road expansion: Will have meeting on July 25th 1974 at 7: 30 P.M. -Supervisor Austin-noted on good authority that Commissioner James L. Biggane has withdrawn its application for Federal Funds for the acquisition of lands in the Wetlands . . . -June 24, 1974 Mr. John Austin Queensbury Supervisor R.D. 1 Bay Road Glens Falls, New York 12801 Dear Mr. Austin: It has come to our attention that a request is being made of the Queensbury Town Board for support in the amount of $10, 000 to be administered by the Neighborhood Opportunity Center for outreach and emergency food and housing. We would like to lend our support and are aware, from the view- point of our various agencies, of the need and heartily endorse this effort. Very truly yours, /s/ Doris C. Sands The Interagency Council By: Doris C Sand DCS_ cs Chairperson Members : Mrs. Bartlett - Bolunteer Action Center Mrs. Van Dusen - Volunteer Action Center. Mrs. Sullivan - Neighborhood Opportunity Center Mrs. Sand - Warren - Washington Community Mental Health Center Mrs . Ghrishkot - Public Health Nurses Mrs. Stokes - Nutrition ALdes 14:3 Mrs. Haggerty - Family Services Mrs. Anderson - American Red Cross Mr. Parry - Social Security Office Mrs. Perkett - Council of Churches Mr. Bird - First Presbyterian Church Mr. Bump - Warren County Board of Supervisors Boy Scouts Girl Scouts this will be con,sideA at budget time. . . -Notice of Tentative Railroad Ceiling on the Delaware and Hudson in the amount of$33, 153 -Notice from the Office of General Services regarding the application of Ellis J. Sharkey Jr. and Margaret J. Sharkey for a grant of easement in land under the waters of Lk. George-Boat dock adjoining the water line as shown on attached sketch. referred to the Building Department . . . -Councilman Streeter question equalization rate-Supervisor Austin following the re-appraisal there will be a change in the equalization rate. . . -The N.Y. State Dept. of Environmental Conservation has sent the discharge permit re: Municipal Facilities-Town of Queensbury. . . (Water Treatment Facilities) -Joseph A. Kestner Jr. Consulting Engineer gave final inspection on the Queensbury Water Storage and Distribution District Contract No. 12 Water Transmission Main and Appurtenances. . . -The Town Engineer will act as a liason between the Town and the Post Office re: The Town Highway Paving schedule and the approval of residential subdivisions. . . RESOLUTION REQUESTING ESTABLISHMENT OF 35 MILE PER HOUR SPEED LIMITS ON GLENWOOD AVENUE, BETWEEN BAY AND QUAKER AND WEST MOUNTAIN ROAD BET14EEN GURNEY LANP►.AND CORINTH ROAD RESOLUTION NO. 172, Introduced by Mr. Robert Barber who moved its adoption, seconded by r. aniel Olson: WHEREAS the high rate of speed of traffic on two county roads within the Towm.�of Queensbury: Glenwood Avenue between Bay Road and Quaker Road; and West Mountian Road between Gurney Lane and Corinth Road; poses a threat to the safety of motorists, pedestrians and residents of said streets; now, therefore, be it RESOLVED, that the Town Board of the -Town of Queensbury hereby petitions for the establishment of a 35 mile-per-hour speed limit on said streets; and be it further RESOLVED, that copies of this resolution be transmitted to the Town of Queensbury Highway Superintendent and the Warren County Superintendent of Public Works for their recommended approval;; and to the Traffic Control Division of the State Transportation 'Department for consideration. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr Robillard, Mr. Streeter, Mr. Austin Noes : None Absent: None RESOLUTION TO CHANGE NAME OF HIGHWAY RESOLUTION NO. 173, Introduced by Mr. Daniel Olson who moved its adoption, seconded by Mr. John Austin: WHEREAS confusion exists as to certain street names in the Town of Queens- bury because of multiple use of the same name; now, therefore be it RESOLVED, that the to highway presently known and designated as Brayton Road North, running from Brayton Road north to a deed end on Assembly Point, be and the same is hereby renamed Holly Lane. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent: None 144 RESOLUTION PETITIONING STATE TRANSPORTATION DEPARTMENT TO UNDERTAKE CORRECTIVE DRAINAGE WORK AT ROUTE 9 AND NONTRAY ROAD RESOLUTION NO. 174, Introduced by Mr. Harold. Robillard who moved its adoption, seconded by Mr. Gordon Streeter: WHEREAS a serious drainage condition exists at the intersection of U.S . Highway No. 9 and Montray Road; so that there results a traffic safety problem; and WHEREAS the pr imAty ftbblbbf inV61ves §rAfb highWAY dkAiriAge and there exists a secondary problem of town highway drainage; and WHEREAS the Town of Queensbury stands ready to undertake the necessary work to resolve its problem provided that the state will undertake its work; and WHEREAS the state shows no inclination to undertake such work; now, therefore, be it RESOLVED, that the Town of Queensbury hereby petitions the State Transportation Department to undertake corrective drainage work at said intersection so that safety conditions can be substantially improved there; and be it further RESOLVED that copies of this resolution be forwarded to Charles Carlson, regional engineer, and to William Lennin, resident engineer, of the State Transportation Department. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent : None RESOLUTION TO INCREASE JUSTICE APPROPRIATION A1110.4 RESOLUTION NO. 175, Introduced by Mr. Robert Barber who moved its adoption, seconded by Mr. Daniel Olson: WHEREAS, the sum of $41.85 has been received by the General Town Fund as a refund of a current appropriation expense for the Justice Account A1110.4, therefore be it RESOLVED, that the Appropriation A1110.4 Contractural Expense be in- creased by $41. 85, thereby increasing A1110. 4 from $1 ,600.00 to $1,641. 85. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent: None RESOLUTION APPOINTING MEMBER TO CEMETERY COMMISSION RESOLUTION NO. 176 Introduced by Mr. Gordon Streeter who moved its 'a doption, seconded by Mr. Daniel Olson: WHEREAS, Chapter 814, of the laws of 1948 provides that there shall be a Board of Cemetery Commissioners of the Town of Queensbury to consist of three members appointed by the Town Board for three year terms to expire on June 30 of each year, and WHEREAS it appears from the record of the Town Clerk that Frank L. Cowles was last appointed by the Town Board for a term which expires on June 30, 1974 and WHEREAS Frank L. Cowles has submitted his resignation to the Town Board and the Cemetery Commission now therefore be it _. RESOLVED Robert L. Edwards of Cleverdale be and he hereby is appointed a member of the Board of Cemetery Commissioners of the Town of Queensbury, replacing Mr. Cowles for a term commencing as of July 1, 1974 and to expire on June 30, 1977. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes: None Absent: None 145 RESOLUTION OF APPRECIATION RESOLUTION NO. 177, Introduced by Mr. Gordon Streeter who moved its adoption, seconded y Mr. Harold Robillard: WHEREAS, Frank L. Cowles has served as member and treasurer of the Board of Cemetery Cemmissioners of the Town of Queensbury since the inception of such board in 1948; and WHEREAS he has performed his duties in a diligent and congenial manner and has received therefore no compensation other than the esteem and gratitude of his fellow citizens; and WHEREAS , Frank L. Cowles is leaving said position because of retirement plans after nine consecutive terms on said board representing more than_ a quarter century of service to the Town of Queensbury; now, therefore, be it RESOLVED, that the Town Board bf the Town of Queensbury, on behalf of all the citizens and friends of the Town, hereby convey to Frank L. Cowles sincere appreciation for his service and best wishes for a long and happ� life. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Rbbillard, Mr. Streeter, Mr. Austin Noes : None Absent: None RESOLUTION`30 ACCEPT DEED FOR TOWN HIGHWAY RESOLUTION NO, 178, Introduced by Mr. Gordon Streeter who moved its adoption, seconded by Nit. Daniel Olson: WHEREAS, Easy Living Construction, Inc. , has executed and offered a deed for town roadways oot less than fifty feet (50' ) in, width, which are described in Schedule "A": ,hereto attached 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 J. David Little, Esq. , counsel to the Board, now, therefore, be it RESOLVED, that the aforementioned deed be and the same hereby is 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. 396, 337 Amy-Lane-beg. at Michael Dr. N/W to TR. 110 Description. Michael Drive- Amy Lane N/E to T.R. 110 Name: Amy Lane and a portion of Michael Drive Mileage: Amy Lane- . 20 mileage Michael Drive-. 10 mileage Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent : None Councilman Robillard-question Town Attorney on moratorium on Mobile Homes j Town Counsel stated that he had been on vacation and would have something `— on it at the next meeting. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 179, Introduced by Mr.Harold Robillard who moved its adoption, seconded byyMr--.-1;Eobert Barber: RESOLVED, that the Audit of Bills as listed in Abstract No. 74-7 om± tting number 827, numbered 808-948, totaling $410,8#0. 68. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None