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1970-06-11 440 RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 137, Introduced by Mr. Robillard who moved its adoption, seconded by Mr. Robertson. RESOLVED, that the Audit of Bills as listed in Abstract No. 70-5A numbered 665 through 666 inclusive and totaling $ 13,666.00 is hereby approved. Duly adopted by the following vote: AYES: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon NOES: None. Respectfully submitted, Donald A. Chase, Town Clerk Regular Meeting June 11, 1970 Present: Gerald B. Solomon Supervisor Lloyd Demboski Councilman John D. Austin, Jr. Councilman _Hammond Robertson, Jr. Councilman Harold Kati Attorney Harold Robillard, Councilman was absent .due- to a death in the family. The meeting was called to order at 8:00 P.M. The following visitors were greeted by the Supervisor: Mr. and Mrs. Michael Liddle, visitors Mr. and Mrs. Cecil Floyd, visitors Ed Waters, Dog Warden Mr. and Mrs. William Hart, visitors Mr. and Mrs. William Smith, visitors Blanche Smith, visitors Walter Robinson, visitors Mrs. Mary Marlow, League of Women Voters Mrs. Joan Braucht, " it if " Florence Mcllvaine of the Post Star Carl Garb, Superintendent afHighways Clifford Witham, visitor Bradford Witham, visitor Clifford Witham 111, visitor Thomas Flaherty, Water Superintendent Juliette Ellingsworth, visitor Mrs. Alton Bartholomew, visitor Mr. Granger, visitor George Liapes, Building Inspector Mary Lou Quinn, Tri County News The public hearing on the aplication of Stephen Granger to locate a Mobile Home on Howard Street, Town of Queensbury was declared open at this time. Proof of publication was shown by the Clerk. Mr. Granger was present and was asked by the Supervisor if the building which was on the lot was still there and he informed the board that it was not. This application was approved by the Building Inspector and no one spoke for or against the application. 441 RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION No. 138, introduced by Mr. Solomon, who moved its adoption, seconded by Mr. Robertson. WHEREAS, Stephen Granger of RFD #33, Howard Street, Glens Falls, New York, 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 HOME 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 Lot K. RFD #3, Howard Street, Glens Falls, New York, 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 application and at said public hearing are sufficient to authorize the issuance of the permit requested by said application, for the following reasons: There were no persons in appearance in opposition to the granting of the permit. There was sufficient hardship shown and the Building Inspector had approved the application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Stephen Granger of RFD #32 Howard Street, Glens Falls, New York, to locate a mobile home outside of a licensed mobile home court, at property situated at Lot K. RFD #3, Howard Street, Glens Falls, New York, and that the Town Clerk is here- by 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. Robertson and Mr. Solomon. Noes: None The following list of active members of the Bay Ridge Volunteer Fire Company, Inc. was placed on file: Bardin, Ben Martindale, Clayton Barrett, Jack Martindale, Floyd Blanchard, John Martindale, Francis Bombard, Carlos Martindale, Irving Bovair, Peter Melanson, Francis Bowman, L. John Mellon, Charles Catone, Patrick Mellon, William Chambers, Floyd Ogden, James Chambers, Ralph Porter, Don Coons, Kenneth Rathbun, Harold Cutter, William Riccio, Frank DiCiccio, James Robinson, Dave Dougher, Craig Robinson, Steve Elms, Clarence Sawn, Richard Evans, Gary Stewart, John Flower, John Stone, Richard Hennig, Richard Trombley, George Holley, Daniel Van Dusen, Sideny Landry, Douglas Van Vorst, Donald Lashway, Joseph Wagoner, Ellwood Licht, F. Divoux (Rev.) Webster, Gordon Loveland, Jay West, Gary Marcantonio, Alfred The following communication was read by Supervisor Solomon: Regular Meeting of the Water Board of the -City of Glens Falls, New York, held in the Council Chambers at City Hall in said City on the 8th day of June, 1970 at 4:45 P.M. Present: Mayor Cronin, Commissioners Hannan, Walsh and Barker. Absent: Commissioner Welcyng. On the motion of Commissioner Barker, seconded by Commissioner Hannan, all voting affirmatively, it was 442 RESOLVED that the Board of Water Commissioners of the City of Glens Falls express their warmest gratitude to the Water Department in the Town of Queensbury for their gracious cooperation and assistance on the occasion of the break in the main at Aviation Road on June 7 , 1970, and be it further RESOLVED that the Board of Water Commissioners also express their appreciation and gratitude to the Queensbury Police Department for its assistance on this critical occasion. RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION No. 139, introduced by Mr. Austin, seconded by Mr. Solomon. WHEREAS, Richard E. Kilmartin of R.D. #1, Bay Road, Lake George, N.Y. has made application in accordance with paragraph 2 (b) Section 42 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 East of Bay Road and North of Dream Lake Road, Town of Queensbury, New York, and WHEREAS, it is hereby determined that the facts presented in 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, temporary permission is hereby given to Richard E. Kilmartin of R.D. 1, Bay Road, Lake George; N.Y. to locate a mobile home outside of a licensed mobile home court for a period of one year at property situated at East of Bay Road and North of Dream Lake Road, Town of Queensbury, New York, and that the Town Clerk is hereby authorized and directed to issue such permit in accordance with the terms and condi- tions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robertson, and Mr. Solomon. Noes: None J RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION No. 140, introduced by Mr. Austin, seconded by Mr. Demboski. WHEREAS, William C. Hart of 11 Timberlane Forest Park, West Glens Falls, New York, has made application in accordance with paragraph 2 (b) Section 4, of an ordinace 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 North side of Luzerne Road between Miller and Conklin, Town of Queensbury, New York, and WHEREAS, it is hereby determined that the facts presented in 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, temporary permission is hereby given to William C. Hart of 11 Timberlane Forest Park, West Glens Falls, New York, to locate a mobile home outside of a licensed mobile home court for a period of one year at property situated at North side of Luzerne Road be- tween Miller and Conklin, Town of Queensbury, and that the Town Clerk 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. Robertson, and Mr. Solomon. Noes: None 443 RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION No. 141, introduced by Mr. Demboski, seconded by Mr. Austin. WHEREAS, William A. Smith of 4 Rhode Island Avenue, Glens Falls, New York, 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 QUEENS- BURY, WARREN COUNTY, NEW YORK to locate a mobile home outside of a duly licensed mobile home court at property situated Lots 249 251 inc. , Rhode Island Avenue, Glens Falls, New York, and WHEREAS, it is hereby determined that the facts presented in 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, temporary permission is hereby given to William A. Smith of 4 Rhode Island Avenue, Glens Falls, to locate a mobile home out- side of a licensed mobile home court for a period of one year at property situated at Lots 249 - 251 inc: Rhode Island Avenue, Town of Queensbury, with the stipulation that a neat and orderly yard be maintained and that no additions will be built on to the mobile home thereby creating a permanent residence, and that the Town Clerk 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. Robertson, Mr. Solomon. Noes : None • RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION No. 142, introduced by Mr. Solomon, seconded by Mr. Robertson. WHEREAS, Dr. and Mrs. Franklin Barber of 29 Hoffman Road, New Hartford, New York, have 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 East shore of Dunhams Bay, Town of Queensbury, bordered by Waldron property to the North and the Buchannan property to the South, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to authorize the issuance of the premit requested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, temporary permission is hereby given to Dr. and Mrs. Franklin Barber of 29 Hoffman Road, New Hartford, New York, to locate a mobile home outside of a licensed mobile home court for a period of one year at property situated at East shore of Dunhams Bay, Town of Queensbury, New York, bordered by Waldron property to the North and the Buchannan property to the South, with the understanding that this will be the last one year permit to be granted, and that the Town Clerk 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. Robertson, and Mr. Solomon. Noes: None RESOLUTION TO AUTHORIZE PERMIT TO IMPROVE OR SUBSTITUTE MOBILE HOME RESOLUTION No. 143, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. WHEREAS, Michael J. Liddle of 10 Luzerne Road, Glens Falls, New York, has made application to this board for a permit to: replace a 1955 Howard Trailer with a 1969 Monarch Trailer which is 12' x 50' at pro- perty situated at 10 Luzerne Road, Town of Queensbury, New York, and owned by Cecil A. Floyd, and WHEREAS, upon proper investigation it appears that the applicant has complied with all of the requirements of the ordinance regulations relating to mobile homes in the Town of Queensbury, therefore be it 444 RESOLVED, that the application of Michael J. Liddle as above described is hereby approved and that the Town Clerk is hereby authorized and directed to issue to Michael J. Liddle the proper permit. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION No. 144, introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Robertson. WHEREAS, Clifford B. Witham of 13 Ogden Street, Glens Falls, New York, has made application in accordance with paragraph 2 (c) Section 4, --� of an ordinace 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 New York State Highway Route 9L, opposite (approx) Dunhams Bay Fish and Game Club, Town of Queensbury, New York, 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 shall conduct a public hearing on said application on July 2, 1970 at 8:00 P.M. in the Queensbury Town Office Building, Bay Road, and that the Town Clerk is hereby author- ized 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. Demboski, Mr. Austin, Mr. Robertson, and Mr. Solomon. Noes: None The application of Mr. William Ryan of 24 Briwood Circle, Glens Falls, New York to locate a mobile home outside of a mobile home court was tabled until the next meeting. RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION No. 145, introduced by Mr. Demboski, seconded by Mr. Robertson. WHEREAS, Larraine Genier of P.O. Box 226, Glens Falls, New York, 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 Walker Lane, Town of Queensbury, New York, and WHEREAS, it is hereby determined that the facts presented in 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, temporary permission is hereby given to Larraine Genier of P.O. Box 226, Glens Falls, New York to locate a mobile home out- side of a licensed mobile home court for a period of one year at property situated at Walker Lane, Town of Queensbury, with the stipulation that the road remain a private road and not a town road, and that the Town Clerk 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. Robertson, and Mr. Solomon. Noesl None Councilman Robertson, calling attention to-the large number of one- year permits that had been granted, asked that the board and the building inspector set up a calendar so that whatever board exists 445 a year from now will know what permits are expiring. He warned that inaction at that time could set a dangerous precedent. The meeting was opened to the public. Mr. Clifford Witham took the floor to discuss alleged violations of the zoning ordinance and alleg- ed inaction .on the part of Mr. George Liapes, the building inspector. Mr. Witham said he had passed on to Mr. Liapes three complaints in witing and pointed out that the ordinance calls for immediate investi- gation of such complaints. He did not directly identify the construction projects to which he was referring but indicated that they were located on Lake George property in which he formerly had an interest. He men- tioned expansion of docks,- construction of a gasoline depot and prepara- tions for a sewage plant, charging that work was going on with no semblance of a permit and beyond the 50 per cent limit established by the ordinance for non-conforming uses. Clifford B. Witham III contrasted the handling of his father' s complaints with an incident in which he himself was involved concerning the fast action that was . needed to get a permit to install a swimming pool on which he was working. Mr. Solomon stated that the matters would be turned over to the Building Department. The Activity Reports of the Queensbury Police Department for the months of April and May were placed on record. A public referral to the department was made by Councilman Austin who asked for an investigation of unauthorized vehicles on town roads in the Cottage Hill area. Supervisor Solomon warned again that there are no licensed magazine salesmen in the town and suggested that the public be wary of un- licensed transiet septic tank cleaners reportedly charging by the cubic inch. RESOLUTION TO NAME MEMBER TO THE TOWN OF QUEENSBURY NARCOTIC GUIDANCE COUNCIL RESOLUTION No. 146, introduced by Mr. Demboski, who- moved its adoption, seconded by Mr. Austin. WHEREAS, their exitts a vacancy on the Town of Queensbury Narcotic Guidance Council due to the resignation of Harold W. Katz, therefore be it RESOLVED, that John S. Carusone of 9 Clark Street be- and hereby is appointed to fill the unexpired term of Harold W. Katz, and be it further RESOLVED, that John S. Carusone is- hereby designated by this- Town Board to act as Chairman of said Town of Queensbury Narcotic Guidance Council. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robertson, and Mr.- Solomon. Noes: Councilman Austin paid tribute to Mr. Katz, observing that Queensbury was a pioneering town in establishing such a body and that the council is functioning and active. The Highway Report for the Month of May 1970 was placed on file. The Town Clerk' s Report for the month of May 1970 was placed on file. The Monthly Statement of the Supervisor for May 1970 was placed on file showing total disbursements of $125,011.38 and total receipts of $1051,162.24. 446 Supervisor Solomon pointed out that water use is now regulated by directives from the Water Department which is currently restricting automatic sprinklers and soakers to the hours of 5 to 8 P.M. but that hand-held hoses could -be used anytime during the day or night. He stated that a public hearing was set for July 2 on an ordinance restricting use of automatic lawn sprinklers and soakers. Councilman Robertson referred to census figures published recently indicating an increase of more than 25% in the town' s population in the past 10 years. "This is showing up in our water system", he said. "We have been aware of this growth and are working as - diligently as we can to alleviate problems." The Town hopes to hear soon from its applications for federal grants to develop a source of supply from the Hudson River. In the meantime, we ask the cooperation of all in conserving water. We hope the restrictions do not have to become more severe. Adequate water for fire protection and domestic use must take priority. We think we can live with the present restrictions, but if we can' t we will have to take more steps. RESOLUTION No. 147 to set a public hearing on an ordinance restricting the use of lawn sprinklers within the Town is not available at this time but will be forth coming from Attorney Harold Katz and will be found on page_&Y,_. The public hearing will be set for July 2, 1970. RESOLUTION No. 148 to pay the installment notes for the trucks for the Highway Department is not available at this time but will be forth coming from Attorney Harold Katz and will be found on page - - RESOLUTION TO APPOINT DEPUTY TOWN CLERK RESOLUTION No. 149, introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Austin. WHEREAS, a vacancy exists due to the resignation of Francis X. Gilheany as Deputy Town Clerk and WHEREAS, Donald A. Chase, Town Clerk, has appointed Wanda Miner as Deputy Town Clerk, therefore be it RESOLVED, that the Deputy Town Clerk appointed by the Town Clerk shall have the power to perform all duties of the Town Clerk, and such further duties as the Town Board may determine, not incon- sistent with Law. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION TO RESCIND PORTION OF RESOLUTION NAMING ELECTION INSPECTORS RESOLUTION No. 150 , introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson. WHEREAS, it appears that there was an error in Resolution No. 134 of May 28, 1970, stating that two election inspectors, namely, Elizabeth Miller and Ingebjorg Lembke would be unable to serve on June 23, 1970, and WHEREAS, it appears that only Ingebjorg Lembke would be unable to serve, therefore be it RESOLVED, that that portion of Resolution No. 134 naming Virginia --- Prater to replace Elizabeth Miller be rescinded, and be it further RESOLVED, that the name of Elizabeth Miller be retained on the list of election inspectors to serve Primary Day in Election District No. 6. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robertson, and Mr. Solomon. Noev: None 44 RESOLUTION TO AUTHORIZE PERMIT FOR CARNIVAL OPERATIONS RESOLUTION No. 151, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. RESOLVED, that permission is hereby granted to conduct carnival operations, as follows: Sponsor - .West Glens Falls Fire Company Carnival - Buck-Page Expositions, Inc. Place - Fireman' s Field, West Glens Falls, N.Y. Date - June 22 - 27, 1970 inclusive and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to issue a permit to the aforesaid sponsor upon receipt of proof — of Liability Insurance in the amount of not less than $100,000/ $300,000 Bodily Injury Liability and $25,000 Property Damage Liability Insurance. Duly adopted by the following vote: Ayes: - Mr. Demboski, Mr. Austin, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION OF SORROW RESOLUTION No. 152, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson. WHEREAS, the members of the Town Board were saddened by the passing of Franklin B. Scoville, and WHEREAS, Mr. Scoville was the Superintendent of the PineView Cemetery for many years, and served the town faithfully as such, and WHEREAS, the Town of Queensbury has suffered a loss by his passing, be it RESOLVED, that the members of the Queensbury Town Board hereby record their profound sorrow on the passing of Franklin B. Scoville, and extend to his wife and family their sincere sympathy and be it further RESOLVED, that this resolution be entered in the minutes of this meet- " ing and that the Town Clerk be and he hereby is directed to transmit copies thereof to the members of his family. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION OF SORROW RESOLUTION No. 153, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Gerald B. Solomon. WHEREAS, the members of the Town Board were saddened by the passing of Lottie VanDusen McEchron and, WHEREAS, Lottie McEchron was a member of one of the old and respected families in the Town of Queensbury and believed to be the oldest known resident of the Town of Queensbury and, WHEREAS, the Town of Queensbury has suffered a loss by her passing, be it RESOLVED, that the members of the Queensbury Town Board hereby record their profound sorrow on the passing of Lottie VanDusen McEchron, and extend to her daughter, Sarah, their sincere sympathy and be it further RESOLVED, that this resolution be entered in the minutes of this meeting and that the Town Clerk be and he hereby is directed to transmit a copy thereof to her daughter. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION TO AUTHORIZE ATTENDANCE AT TRAINING SCHOOL RESOLUTION No. 154, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Solomon. RESOLVED, that the Superintendent of Highways, Carl Garb, is hereby authorized to attend the 1970 Highway School, sponsored by the Town 448 and County Officers Training School of the State of New York to be held on June 29, 30, July 1 at Cornell University in Ithaca, New York, and that the actual and necessary expense at such attendance be and the same is a proper town charge. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION No. 155 , introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Austin. I r RESOLVED, that the Audit of Bills as listed in Abstract 70-6 ---� numbered 667 through 775 inclusive and totaling $28 ,015.20 is hereby approved. Duly adopted by the following vote: Ayes: -Mr. Demboski, Mr. Austin, Mr. Robertson, and Mr. Solomon. Noes: None On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase Town Clerk RESOLUTION TO SET PUBLIC HEARING ON ORDINANCE TO REGULATE THE USE OF WATER IN THE TOWN OF QUEENSBURY DURING THE EXISTING OF EMERGENCIES. RESOLUTION No. 147, Introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. WHEREAS, warm weather and lack .of rainfall has created an increased demand upon the municipal water supply system, and WHEREAS, IT is deemed in the public interest to regulate the use of water in the Town of Queensbury, particularly during periods of emergency caused by a low water supply, be it RESOLVED, that a public hearing be held on the following proposed Water Use Regulations, on the 2nd day of July, 1970 and that the Town Clerk give notice of such hearing by publication of a notice thereof in the Glens Falls Post Staar and the Glens Falls Times once atleast ten days 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 Ordinance. ORDINANCE TO REGULATE THE USE OF WATER IN THE TOWN OF QUEENSBURY DURING THE EXISTENCE OF EMERGENCIES. BE IT ENACTED AND ORDAINED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, PURSUANT TO THE PROVISIONS OF SECTIONS 130(15) and 135 OF THE TOWN LAW, AS FOLLOWS: Section 1. The purpose and intent of this ordinance is to conserve and protect the water supply of the Water Districts in the Town of Queensbury, by limiting, restricting and/or prohibiting its use for certain purposes during periods of emergency as hereinafter defined, in the interest of public health, safety and welfare. Section 2. The word emergency as used herein shall cover and include an actual or threatened shortage of water caused by drought, by the breakdown of the pumping system or the filtration plant or any part of the distribution system, by a power shortage or failure, by the declaration of a Civil Defense alert, or by any other similar occurence deemed by the Town Board to justify its action as herein- after set forth. Section 3. Whenever, in the opinion of the Town Board, it becomes necessary because of the existence of an emergency as 448A hereinbefore defined, to conserve the water supplyof the -said districts by limiting, restricting, or prohibitingits use, the Town Board may at a regular or special meeting thereof, adopt a resolution declaring such emergency. Section 4. Such resolution may (a) Direct the Superintendent of the Water Department to prepare a proclamation prohibiting all users of saidwater supply from using the same or any part thereof for the sprinkling or irrigation of lawns, ornamental plants, shrubs or trees, or domestic gardens, washing motor vehicles,or limiting such use to certain hours of the day or certain days of the week, and/or (b) Direct the said superintendent to prepare a proclamation limiting, prohibiting or restricting the use of said water by a specified customer, by specified classes/or groups of customers, or by customers located within a certain specified area of the district, for the same purposes as set forth in clause (a) of this section, and/or for the purpose of filling swimming pools, operating air--conditioning installments, or in connection with theoperation of any commercial or manufacturing processes. Section 5. Said proclamation shall specify the duration of the limitation, prohibition or restriction, if practical; otherwise such limitation, prohibition or restriction shall continue in full force and effect until the Town Board shall by appropriate resolution declare that the emergency no longer exists. -Section 6. If such resolution declares a general emergency to exist, such proclamation shall be published in two or more newspapers having general circulation throughout the districts and copies thereof shall be posted on the Town Clerk' s Bulletin Board. Section 7. If such resolution declares a local of limited emergency to exist, within the purview of Section Four, Subdivision (b) of this ordinance, and but a small or limited number of customers are affected thereby, the preparation, publication and posting of such proclamation may be dispensed with, in which case the service upon the �! customers affected by such prohibition, limitation or restriction of a certified copy of the resolution declaring such emergency shall be sufficient notice thereof. Section 8. Upon the Town Board declaring that an emergency as to which a proclamation has been published and posted has ceased to exist, as provided in Section Five hereof, a copy of such resolution shall be published and posted in the manner provided in Section Six hereof.. Section 9. Upon the Town Board declaring by resolution that an emergency as to which a proclamation has not been published and posted has ceased to exist, as provided inSection Five hereof, a copy of such resolution shall be served upon the customers affected thereby in the mannerprovided in Section Seven hereof. Section 10. From and after the date of such publication and posting, or personal service, as the case may be, and during the period specified therein, or until the publication and posting, or personal service, of notice of the termination of the emergency previously declared, it shall be unlawful for any person, firm or corporation having the use of the said water supply of the said districts, to use any part of the water so supplied for the purpose or purposes described in said resolution and proclamation or notice in violation of the prohibitions, limitations, orrestrictions therein set forth. Section 11. Any person, firm or corporation violating and provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable for a first offense by a fine of $10.00, and for a second or subsequent offense by a fine of not more than $50.00, or if a person or firm, for a second or subsequent offense by imprisonment for not more than one year, or by both such fine and imprisonment. Section 12. If any provision of this ordinance or the application thereof to any person, firm, corporation, or circumstance shall be held invalid, ,the remainder of this ordinance or the application of such provision to persons,firms, corporations or circumstances other than those as to which it shall have been held invalid, shall not be affected thereby. 448B Section 13. This ordinance shall take effect ten days after its publication and posting in accordance with the provisions of Section One Hundred Thirty-Three of the Town Law. The foregoing Resolution was duly adopted the 11th day of June, 1970, by the following vote: Ayes: Demboski, Austin, Robertson and Solomon. Noes: None Absent: Robillard. RESOLUTION TO PROCURE MONEY TO PURCHASE HIGHWAY TRUCKS RESOLUTION No. 148 Introduced by Mr. Robertson, who moved its adoption Seconded by Mr. Demboski WHEREAS, The Town Board of the Town of Queensbury, New York after due public notice, by a resolution duly adopted on the 8th day, of January, 1970, authorize the Town Superintendent of Highways to purchase certain machinery for highway consVruction and maintenance at a total cost of $17,499.36, subject to the approval of the County Superintendent of Highways, andprovided that $14,437.36 of such cost was to be paid from the proceeds of obligations to be issued pursuant to the Local Finance Law, and WHEREAS, a contract of purchase for such machinery was duly entered into by the Town Superintendent of Highways on the 25th day of March, 1970 which contract has been duly approved by the County Superintendent of Highways, and WHEREAS, this board desires to finance the said sum of $14,437.36 by the payment of $137.36 from current funds and issuance of capital notes in the amount of $14,300.00 to mature equally annually over the remaining period of probable usefulness of said machinery, NOW, THEREFORE, BE IT RESOLVED: 1. The specific object or purpose for which obligations are to be issued pursuant to this resolution is to refinance the cost of the pur- chase of three (3) 1970 Ford Trucks with hoists andplows. 2. The maximum cost of such machinery is $17,499.36, and the plan of financin g such cost is as follows : $3,062.00 is to be provided by machinery traded in pursuant to Section 142 of the Highway Law of the value of $3,062.00, together with the sum of $137.36 from the Town Highway account. The balance of thecost is to be provided by the issuance of capital notes in the amount of $14,300.00 pursuant to this resolution. 3. The following determinations are hereby made: (a) The period of probable usefulness of such machinery is five (5) years. (b) The subdivision of paragraph a of Section 11.00 of the Local Finance Law which is applicable in the circumstances is subdivision "28". (c) The proposed maturity of the obligations authorized by this resolution will not be in excess of five(5) years. 4. That the Town of Queensbury issue its capital notes in the amount of $14,300.00 to finance such cost in accordance with the financial plan set forth above. Such notes shall be dated approximately as of the date of this resolution and the, 0ower to fix and determine the exact date of such notes is hereby delegated to the Supervisor. 5. Such capital notes shall be numbered 1, 2, 3, 4 and 5 and shall mature in numerical order in five (5) equal installments in the years 197131 197231 1973, 1974 and 1975 respectively. The power to fix and determine the dates upon which such notes shall become due and payable —' is hereby delegated to the Supervisor. The notes shall be issued in bearer -form, shall not contain a power to convert to registered form, ' and shall bearinterest at a rate not exceeding five and one-quarter percent(5.25%) per annum payable annually. Such notes chall be in substantially the following form: UNITED STATES OF AMERICA STATE OF NEW YORK No. County of Warren $29869.00 Town of Queensbury Capital Note of 1970 448C 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 $2,860.00 on the r?-1tA. day of June, 1970 , together with- interest thereon from the date hereof at the rate of five and one-quarter percent(5.25%) 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 Glens Fills National Bank and Trust Company, Glens Falls, New York This note may not be converted to registered form. This note is one note of an authorized issue, the aggregate principal amount of which is $14,300.00, the notes of which are of like tenor, except as to number and-maturity. This note- is issued pursuant to the provisions of a resolution entitled "Capital Note Resolution" duly adopted by the Town Board of such Town of Queensbury on June 11, 1970. ; The faith-and credit of such Town of Queensbury are hereby irrevocably pledged for the punctual payment of the principal and interest on this note according to its terms. It is hereby cergified 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, and that this note, together with all other indebtedness of such Town of Queensbury, is within every debt and other limit prescribed by the Constitution and laws of such state. IN WITNESS WHEREOF! the Town of Queensbury, New York, has caused this note to be signed by its Supervisor, and its corporate seal to hereunto affixed and attested by its Town Clerk and this note to be dated as of the gft4L_day of June, 1970. (Town Seal) Town of Queensbury, New York By Attest: its Supervisor Town Clerk of the Town of Queensbury, New York 6. The Supervisor is hereby delegated the power to prepare such notes and to sell such notes at private sale at not Aess than par and accrued interest, and at such sale to fix the interest rate to be borne by such notes within the limitations set forth in this resolution. The Supervisor shall deliver such notes to the purchaser thereof. The powers delegated to the Supervisor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 7. This resolution shall take effect immediately. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robertson, and Mr. Solomon Noes: None Absent: Mr. Robillard