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1971-08-26 192 RESOLUTION TO ATTEMPT TO REMEDY THE TRAFFIC SITUATION AT STORYTOWN, USA, AND GURNEY LANE. RESOLUTION NO. 171 , introduced by Mr. Austin, who moved its adoption, seconded by Mr. Demboski. WHEREAS, the traffic signal at the intersection of Route 9 and the Story- Town,USA, entrances and exits operates in such a manner as to inhibit the normal flow of traffic on Route 9, a through highway, resulting in long back-ups of vehicles at many times during the summer season; and WHEREAS, the lack of a traffic signal at the intersection of Route 9 , Gurney Lane and the Warren County Municipal Center entrances and exits inhibits the normal and regular flow of traffic to and from the Adirondack Northway, 1ntOrstate 87, to and from the Warren County Municipal Center and Route 9, resulting in long back-ups of vehicles at many times throughout the year; and WHEREAS, the aforementioned situations result in public safety dangers to the Town of Queensbury and to the public generally; now, therefore, be it RESOLVED, that the State Department of Transportation be and hereby is requested to study the traffic problems at the aforesaid intersections and take the necessary steps to remedy same. Duly adopted by the following vote: Ayes: Mr. Austin, Mr. Demboski, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None. Regular Meeting August 26, 1971 Present : Gerald B. Solomon Supervisor Lloyd Demboski Councilman John Austin, Jr. Councilman Harold Robillard Councilman Hammond Robertson, Jr. Councilman Attorney Harold Katz was also present. The meeting was called to order with a salute to the flag. The following visitors were greeted by the Supervisor: Kip Grant Ed Waters Florence Mcllvaine At the opening of the meeting the Supervisor acknowledged receipt of a request from several residents of Barber Ave. asking to be included in the Sewer District. He said it -was one of several requests that cannot be acted upon until the District receives State approval. Supervisor Solomon presented to the Board a Mobile Home Application from Regal Realty for a one year permit to locate a Mobile Home on the site during the construction of the Regal Apartments. This trailer would be used by a watchman to provide on-site surveillance. _ RESOLUTION TO AUTHORIZE ONE YEAR PERMIT FOR MOBILE HOME RESOLUTION NO. 177, introduced by Mr. Robertson who moved its adoption seconded by Mr. Robillard. WHEREAS, Regal Realty of Merrimack, New Hampshire has made application in accordance with paragraph 2 (b) 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 of a duly licensed mobile home court at property situated at Meadowbrook and Cronin Road and 193 WHEREAS, it is hereby determined that the facts presented with said application 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 granted to Regal Realty of 'Merrimack, New Hampshire to locate a mobile home outside of a licensed mobile home court at property situated at Meadowbrook and Cronin Road 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. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. NOES: None. The request of Ralph Russo,Ill to locate a Mobile. Home near the site of the Gourmet Restaurant on Route 9 was brought up next. Mr. Robillard pointed out that an application for a similar site had been refused recently.Councilman Austin pointed out that there are no other Mobile Homes in the area and emphasized that the application was not related to the fire at the restaurant since it was received one week before the fire occured. RESOLUTION TO DISAPPROVE APPLICATION FOR MOBILE HOME RESOLUTION NO. 178 , introduced by Mr. Robillard who moved its adoption seconded by Mr. Austin. WHEREAS, Ralph Russo III, has made application to this Board for a permit to locate a Mobile Home at property situated at RD #1 Lake George and WHEREAS, upon proper investigation it appears that the applicant has complied with all the requirements of the Ordinance Regulations relating to Mobile Homes in the Town of Queensbury, therefore be it _RESOLVED, that there was no hardship shown on the original application therefore be it further RESOLVED, that the application of Ralph Russo III, be and is hereby disapproved and that the Town Clerk is hereby directed to notify him of the decision of this board. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None. The application of Stephen Hall to locate a Mobile Home was brought before the Board next. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 179, introduced by Mr. Austin who moved its adoption seconded by Mr. Robertson. WHEREAS, Stephen Hall of RD #2, Glens Falls, N.Y. 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 of a duly licensed mobile home court at property situated at Bennett Road and WHEREAS, it is hereby determined that said application complies with the requirements of said ordinance, and WHEREAS, it is hereby determined that said facts presented in the application are sufficient to justify further consideration by this board, therefore be it RESOLVED, that pursuant to the provisions of tha above mentioned ordinance, the town board shall conduct a public hearing on said application on September 9 , 1971 at 8:00 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. Duly7,adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None. Supervisor Solomon read a letter from Carl Garb the Highway Superintendent asking the Town Board to advertise for bids for a Used Crawler Tractor with FrontEnd Loader not to be older than a 1968 model. RESOLUTION TO ADVERTISE FOR BIDS FOR A USED CRAWLER TRACTOR WITH FRONT END LOADER FOR THE LANDFILL OPERATION RESOLUTION NO. 180, introduced by Mr. Demboski who moved its adoption seconded by Mr. Robertson. WHEREAS, Carl Garb, Superintendent of the Town of Queensbury Highway Department has recommended that we purchase a- Used Crawler Tractor. with FrontEnd Loader for our Landfill operation, therefore be it RESOLVED, that the Town of Queensbury solicit sealed bids for the purchase of a Used Crawler Tractor with FrontEnd Loader and that the following notice be published once in the official Town newspapers in the following form: NOTICE TO BIDDERS Notice is hereby given that the Town Board of the Town of Queensbury will receive sealed proposals on a USED CRAWLER TRACTOR WITH FRONT END LOADER, not to be older than a 19W model. A complete copy of the specifications will be available in the office of the Town Clerk. Bids will be received up to 5 :00 P.M. on the 23rd day of September, 1971 at the Town Clerk' s office in the Queensbury Town Office Building, Bay and Haviland Roads, Glens Falls, New York. Bids must be submitted in sealed OPAQUE envelopes plainly marked CRAWLER TRACTOR BID and there shall be included in such bid the certificate of Non-Collusion required by Section 103D of the General Municipal Law and the bidder must state the approximate date of delivery. The Town Board will meet at the Queensbury Town Office Building at 8 :00 P.M. on the 23rd day of September, 1971 at which time bids will be opened and read aloud. The Town Board reserves the right to reject any or all bids. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon Noes: None. RESOLUTION TO MAKE APPLICATION TO DEPARTMENT OF AUDIT AND CONTROL FOR APPROVAL OF THE PLANS FOR THE QUEENSBURY SEWER DISTRICT RESOLUTION NO. 181 , introduced by Mr. Austin who moved its adoption seconded by Mr. Demboski, WHEREAS, the Queensbury Sewer District has been established under Article 12-Aof the Town Law of the State of New York, and WHEREAS, approval of the plans for said Queensbury Sewer District by the New York State Department of Audit and Control are required, Now, Therefore, Be It RESOLVED, that the Supervisor of the Town of Queensbury be and he hereby is authorized and directed to make application to the New York State Department of Audit and Control for approval of the plans for the Queensbury Sewer District and to sign such petition and application on behalf of the Town Board of the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None. 195 RESOLUTION FOR THE ISSUANCE OF A CAPITAL NOTE TO FINANCE THE TREATMENT OF TOWN WELLS ,RESOLUTION NO. 182, introduced by Mr. Demboski who moved its adoption seconded by Mr. Robertson. WHEREAS, the water supply problem in the Town of Queensbury has become critical and a state of emergency is deemed to exist, and WHEREAS, Joseph A. Kestner, Jr. , licensed engineer, has recommended that the town water wells numbers 1, 2 and 4 must be chemically treated to restore the yield of water from said wells, and WHEREAS,' R. E. Chapman Co. of Oakdale, Mass. are specialists in the field of well treatment and water supply and has advised that the cos t of chemically treating, surveying and repairing said wells would cost $8510.32, NOW THEREFORE, BE IT RESOLVED that a state of emergency does exist and the Town Supervisor having entered into a contracts with R. E. Chapman Co. of Oakdale, Mass. to chemically treat , survey and repair town wells numbers 1, 2 and 4 for the sum of$8510.32 and said sum not being provided for in the current budget of the Town of Queensbury, the cost of said services shall be paid for by the issuance of a capital note of the Town of Queensbury, and be it further RESOLVED: 1. That the cost of said services be paid as follows : The sum of $510.32 to be paid out of current funds of said Town and the sum of $8000.00 by the issuance od a capital note of said Town pursuant to this resolution. 2. The specific purpose or object for which such obligations are to be issued pursuant to this resolution is to finance part of the cost of chemically treating, surveying and repairing town wells numbers 1, 2 and 4. 3. The followingdeterminations are hereby made. (a) The period of probable usefulness of such improvements is fifteen (15) years. (b) The subdivision of paragraph *a" of Section 11.00 of the Local Finance Law which is applicable in the circumstances is subdivision (a) (1) . (c) The proposed maturity of the obligations authorized by this resolution will not be in excess of one year. 4. That the Town of Queensbury issue its capital note in the amount of $8000.00 to finance such cost in accordance with the financial plan set forth above. Such note shall be dated approximately as of August 261 1971, 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 1972. The power to fix and determine thedate 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 Tonvert to registered form, and shall bear interest at a rate not ex- ceeding five per cent (5%) per annum payable annually. Such note shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF NEW YORK - No. 1 County of Warren $8000.00 Town of Queensbury Capital Note of 1971 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 $8000.00 on the day of August, 1972, together with interest thereon from the date hereof at the rate of % per annum, payable annually. Both principal of and interest on this note will be paid in lawful money of the United States of America at the office of the Glens Falls National 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 $8000.00. This note is issued pursuant to the provisions of a resolution en- titled "Capital Note Resolution" duly adopted by the Town Board of such Town of Queensbury on August 26, 1971. The faith and credit of such Town of Queensbury are hereby irrevocably pledged for the punctual payment of the principal of and interest on this note 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 happened and to have been performed precedent to and in the issuance of this note, exist, have happened and have been performed, andthat this note, together with all other indebtedness of such Town of Queensbury, is within every debt and other limit pre- scribed 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 day of August, 1971. TOWN OF QUEENSBURY, NEW YORK (Town Seal) BY Its Supervisor ATTEST: 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 Super- visor 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 Fund 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 folloang vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard Mr. Robertson and Mr. Solomon. Noes : None. RESOLUTION TO ADVANCE MONEY TO THEQUEENSBURY FIRE PROTECTION DISTRICT RESOLUTION NO. 183, introduced by Mr. Robertson who moved its adoption seconded by Mr. Robillard. WHEREAS, due to increased insurance costs the Queensbury Fire ProtectionDistrict' s account will be the short sum of $8.26 of meeting its obligations for the year 1971 , therefore be it RESOLVED, that the General Town Fund advance the sum of $8.26 to the Queensbury�F3N NPtection District, said amount to be repaid to the General Town Fund as early in 1972 as funds are available. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. . Robillard, Mr. Robertson and Mr. Solomon. Noes: None. The following letter from Frank Fuller of the Department of Transportation was read by the Supervisor: July 30, 1,971 Gerald B. Bolomon, Supervisor Town of Queensbury Glens Falls, New York Dear Mr. Solomon: Re: PIN .1475.00 Interstate Route 502 Access Control and Fencing Albany, Saratoga and Warren Counties � 9 With reference to the above mentioned project please refer to our letters of August 27, 1970, April 8, 1971 and April 15, 1971; concerning a policy of controlling access on crossroads adjacent to ramps from controlled access highways. Plans for the relocation of Big -Boom Road and (6) unekecuted copies of a resolution to maintain highways were forwarded to you with the aforementioned letters. Would you please inform this office as to the status of this resolution. Quick action along these lines would be appreciated. Very truly yours, Frank J. Fuller Regional Director of Transportation ,.__ Mr. Solomon stated that under its program of controlling access to the Northway the State Transportation Department plans to relocate the entrance of Big Boom Road to Corinth Road. Solomon said he and Councilman Robillard with County Highway Superintendent Fred Austin have made a study of the site and have concurred in recommendations. The state will pay for construction but since the highway will be a'Town Road the town will be responsible for its maintenance. STATE OF NEW YORK RESOLUTION BY MUNICIPALITY OR POLITICAL SUBDIVISION TO MAINTAIN HIGHWAYS, STREETS, OR ROADS CONSTRUCTED IN CONNECTION WITH INTERSTATE HIGHWAY RESOLUTION NO. 184, introduced by Mr. Robillard who moved its adoption seconded by Mr. Demboski. WHEREAS, Section 340-b of the New Yawk Highway Law as amended in 1960 provides, in part; that the Commissioner of Tranaportation shall have the "authority to combine, connect, alter, reconstruct, terminate, or relocate intersecting highways, streets, or roads to adjust traffic to grade separation structures or any portion of an interstate route or connection" and also that "The maintenance of any highway , road, or street which is affected by this section and which in the judgement of the Commissioner of Transportation is not deemed to be a part of the State Highway System shall be maintained by the --municipality or the municipalities in which all or part thereof is located:' and WHEREAS, the Commissioner proposes to improve the Interstate Route 502-3-1.2 Hudson River to Gurney Lane, an Interstate Highway, and in connection therewith to relocate the following highways, streets, or roads: Town Road No. 138, Big Boom Road from Station 9+75.0+ to Station 18+46.6+ at its intersection with Corinth Road, County Road 28 WHEREAS, the said highways, streets or roads are located within the Town of Queensbury and in the judgement of the Commissioner of Transportation will not be deemed to be part of the State Highway System, now therefore: IT IS RESOLVED that, upon completion of construction of the above described intersecting highways, streets, or roads, the Town of Queensbury will maintain such roads in accordance with the provisions of the highway law. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. goes: None. Looking forward to the new budget, Solomon said all department heads have been asked to submit their requests by September 30. He asked the Councilmen to attend an executive meeting next Thursday for preliminary work on the budget and another conference with Kestner on the proposed water supply system and the Western Queensbury Water District. Councilman Austin stated that the repaving of Aviation Road will start in about two weeks and reported that several streets in residential areas have been paved recently. The meeting was then open to the public and there were no comments. 108 RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 185, introduced by Mr. Demboski who moved its adoption seconded by Mr. Robertson. RESOLVED, that the Audit of Bills as listed on Abstract 71-8A numbered 1019, totaling $4330.58 is hereby approved. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None. On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase Town Clerk RESOLUTION TO REZONE BROUGHTON CORPORATION AND BROUGHTON INDUSTRIES, INC. FROM R-4 AND C-1 TO AN M-1, LIGHT INDUSTRIAL. RESOLUTION NO. 154 , introduced by Mr. Robertson, who moved its adoption. Seconded by Mr. Robillard. WHEREAS, application has been made by Broughton Corporation and Broughton Industries, Inc. for the rezoning of an area bounded on the west by Ridge Street; on the north by lands of Knoblauch, Broughton and Quist; on the east by lands of Niagara Mohawk Power Corp. ; and on the south by lands of Maurer, Crockwell, � and 0ltthers from an R-4 residential and a C-1 commercial to an M-1 light industrial district, and WHEREAS, the Zoning Ordinance of the Town of Queensbury, Section 11:00 and Sections 264 and 265 , Article 16 , Chapter 62 of the Consolidated Laws of the State of New York provide that any proposed amendment or change in the Zoning Ordinance by referred to the Planning Board for a report thereon and a public hearing be held thereon, and WHEREAS, the said application has been referred to the Planning Board and said Planning Board has rendered its report to the Town Board recommend- ing approval of the application; and WHEREAS, a hearing was held pursuant to notice duly given, at a meeting of the Town Board in the Town Office Building, Queensbury, New York on Thursday., July 8, 1971, at which all persons desiring to be heard in favor of said rezoning and also those desiring to be heard in opposition thereto were given an opportunity and were heard, and thereafter the public hearing was closed; NOW THEREFORE, BE IT RESOLVED, that the aforementioned property be and the same is hereby re- zoned from an R-4 residential and a C-1 commercial to an M-1 light industrial district, and be it further RESOLVED, that the necessary changes be made upon the Zoning and Departmental Maps of the Town of Queensbury so as to indicate the said property as being located in an M-1 light industrial district as defined and regulated pursuant to the provisions of the Zoning Ordinance of the Town of Queensbur - as amended; and be it further RESOLVED, that the Town Clerk be and he hereby is authorized and directed to give the necessary notice of such change in zoning to the departments and agencies having jurisdiction in the matter. Duly adopted by the following vote : AYES: Mr. Demboski. Mr. Austin. Mr. Robillard, Mr. Robertson, and Mr. Solomon. NOES: None. ABSENT: None.