1977-07-12 rl t
REGULAR MEETING JULY 12, 1977
MEMBERS PRESENT
Michel Brandt-Supervisor
Daniel Olson-Councilman
Robert Barber-Councilman
Frances Walter-Councilman
Hammond Robertson-Councilman
Joseph Brennan-Town Counsel
PRESS: Tri Co. News, WBZA, G.F. Post Star
; GUESTS: Arthur Turnbull, Mrs . Sylvii Dougher, Glen Greeno
Meeting Opened 7 : 30 P.M. Salute to the Flag led by Councilman Barber
RESOLUTIONS
RESOLUTION TO AUTHORIZE CONTRACT WITH MOUNTAINSIDE FREE LIBRARY
RESOLUTION NO. 154, Introduced by Mr. Robert Barber who moved its adoption,
seconded by Mr. Hammond Robertson:
WHEREAS, the 1977 budget of the Town of 4aeeasbury provides for an
item of $325. 00 to be paid to the trustees of Mountainside Free Library
in return for which said trustees will furnish library services to the
residents of said town; NOW, THEREFORE BE IT
RESOLVED, that a contract between said town and said trustees for furnishing
such service during the year 1977 is hereby approved, and be it further
RESOLVED, that the Town Supervisor is hereby authorized and directed to
execute the contracts on behalf of the Town, and that a copy of such
contract duly exeeuted , shall be filed with the Town Clerk.
Duly adopted by the following vote:
'_j Ayes : Mr. Olson, Mr. Barber, Mrs. Walter, Mr. Robertson, Mr. Brandt
Noes : None
Absent: None
RESOLUTION TO TRANSFER MONEY FOR THE PURCHASE OF LINE DATA STATION
RESOLUTION NO. 155, Introduced by Mr. Hammond Robertson who moved its
adoption, seconded by Mr. Michel Brandt:
WHEREAS, Resolution #128 was passed on June 28 , 1977, 'resolving that
the Town of Queensbury solicit sealed bids for the purchase of an off
line Data Station, and that the bids would be opened on July 26, 1977,
therefore be it,
RESOLVED, to transfer $11,000 for the purchase of this off Line Data
System and related service and supplies from Contingency Account A1940.44,
to Buildings Equipment Account 1620.2.
Duly adopted by the following vote :
(Ayes: Mr. Olson, Mr. Barber, Mrs. Walter, Mr. Robertson, Mr. Brandt
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Noes : None
Absent: None
RESOLUTION TO HOLD PUBLIC HEARING CONCERNING POSSIBLE ADOPTION OF LOCAL
LAW AUTHORIZING CONDUCT OF GAMES OF CHANCE BY CERTAIN AUTHORICED ORGANIZATIONS
IN THE TOWN OF QUEENSBURY
RESOLUTION NO. 156 Introduced by Mrr MichelB9=ddt who moved its adoption,
seconded y Mr. Robert Barber:
WHEREAS , Article 9-a of the General Municipal Law grants to every municipality
8®
in the State of New York the right, power and authority to authorize the
conduct of games of chance by authorized organizations within the territorial
limits of such municipality in accordance with the provisions of Article
9-a and
WHEREAS, various organizations have requested consideration of adoption of
legislation authorizing the conduct of games of chance by authorized organiza-
tions within the Town of Queensbury and
WHEREAS, it appears that bona fide religious and charitable organizations
and bona fide educational and service organizations and bonafide organiza-
tions of veterans or volunteer firemen within the Town of Queensbury will
benefit from adoption of such legislation, thereby benefiting the Town ,
of Queensbury as a whole, and,
WHEREAS, such a proposed local law, a copy of which is hereto annexed
has been prepared and presented for consideration by the Town Board and
WHEREAS , a public hearing is mandated by law prior to consideration
for adoption of the proposed local law by the Town Board, and,
WHEREAS, the proposed local law is worthy of consideration for legislative
action.
NOW, THEREFORE
BE IT RESOLVED that a public hearing be held concerning the proposed
local law to authorize the conduct of games of chance by certain authorized
organizations in the Town of Queensbury and that slid public hearing be held
at &: 30 p.m. in the meeting room of the Town of Queensbury Office Building,
Bay and Haviland Roads , on Tuesday, August 9th, 1977 and that the Town Clerk
be directed to publish and provide notice of said public hearing in
accordance *thh' iuw.
Duly adopted by the following vote:
Ayes: Mr. Olson, Mr. Barber, Mrs. Walter, Mr. Robertson, Mr. Brandt
I
Noes: None
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Absent: None
RESOLUTION TO ADOPT A LOCAL LAW PROVIDING FOR TAX EXEMPTION TO ELIGIBLE
BUSINESS FACILITIES PURSUANT TO SECTION, .$85 OF THE REAL PROPERTY TAX
LAW AS LOCAL LAW NO. 4 OF 1977 OF THE TOWN OF QUEF.NSBURY
RESOLUTION NO. 157 Introduced by Mr. Robert Barber who moved its adoption,
seconded by Mr. Michel Brandt :
WHEREAS, Section 485 of the Real Property Tax Law authorizes the adoption,
by the Town Board of the Town of Queensbury of a local law providing for
exemption from taxation and special ad valorem levies imposed by the Town
of Queensbury for Town purposes to eligible business facilities certified
by the New York State Job Incentive Board and
WHEREAS, the purpose of Section 485 of the Real Property Tax Law is to
authorize certain designated .municipalities to provide tax exemption incentives
to eligible businesses in an attempt to increase and attract business
enterprises to said municipalities , and
WHEREAS, it appears that it would be in the best interest of the Town of
Queensbury to provide tax exemption incentives to eligible business
in order to attempt to increase and attract business. enterprises to the i
Town of Queensbury, and
WHEREAS, a proposed local law has been prepared and has been presented
for adoption in accordance with law, and
WHEREAS , apublic hearing has been held concerning the desirability of the
adoption of said local law, and
WHEREAS, recommendations have been made to the Town Board favoring the
adoption of the proposed local law, and
WHEREAS , it appears that the local law in its present form is in compliance
with 1 aw,
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NOW, THEREFORE, .
BE IT RESOLVED, that the Town Board of the Town of Queensbury adopt a
local law providing for tax exemption to eligible business facilities
pursuant to Section 485 of the Real Property Tax Law as Local Law No. 2
of 1977 of the Town of Queensbury and that all action be taken in accordance
with law to render the adoption of said local law effective as pCovided for
by Section 27 of the Municipal Home Rule Law.
Duly adopted by the following vote:
Ayes: Mr. Olson, Mr. Barber, Mrs. Walter, Mr.. Robertson, Mr. Brandt
Noes : None
I
Absent: None
Joseph Brennan- commented on the following: 1. Would the Town be
penalized through loss of federal or state aid. with regard to the
tax exemption on business facilities? NO
2. Could an owner of property lease to a company and the company
receive a tax exemption—YES
he further answered questioned on taxes and ownership of properties. . .
RESOLUTION TO AUTHORIZE ACTING POLICE CHIEF C. JUDKINS TO SUBMIT A
HIGHWAY SAFETY PROGRAM GRANT APPLICATION TO THE STATE OF NEW YORK,
TRAFFIC SAFETY COMMITTEE.
RESOLUTION NO. 15.L Introduced by Mr. Robert Barber who moved its
adoption, seconded by Mt. Hammond Robertson:
WHEREAS, the Queensbury Police Department has requested that an application
be made to the State of New York, Traffic Safety Committee, and
WHEREAS , this application is for the purpose of obtaining a State grant
in the amount of $41,272,$0, which will include the implementation of the
fringe benefits and salaries of two patrolmen, the purchase of two patrol
vehicles , uniforms and aseessories for the two patrolmen, for the purchase
of decreasing the number of authomobile accidents in the Town. of Queensbury,
and the purchase of related uniform traffic tickets , therefore be it
RESOLVED, to authorize Acting Chief C Judkins .to submit an application
to the State of New York, Traffic Safety Committee on behalf of the
Town of Queensbury.
Duly adopted by the following vote:
Ayes : Mr. Olson, Mr. Barber, Mrs. Walter, Mr. Robertson, Mr. Brandt
Noes: None
Absent: None
Councilman Olson- This is only for permission to submit an application?
Councilman Barber- Yes . . .Thanked the Acting Chief for all his efforts in
formulating the data necessary to present the application to the State.
RESOLUTION TO ADOPT CODE OF ETHICS AND RULES AND REGULATIONS
FOR THE QUEENSBURY POLICE DEPAR11MENT
�-- RESOLUTION N0, 159, Introduced by Mr. Robert Barber who moved its
adoption, seconded by Mrs. Frances Walter.:. .
WHEREAS, the need has arisin to modernize and update the rules and
regulations of the Queensbury Police Department and,
WHEREAS, Charles Judkins , Acting Chief has presented for review and
approval of the Board, a Law Enforcement Code of Ethics, together with
rules and regulations, and
WHEREAS, these rules and regulations have. been reviewed and are believed
to be in the best interest of the Police Department of the Town of Queensbury
and the Town, therefore be it
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RESOLVED, to adopt these rules and regulations as submitted.
Duly adopted by the following vote:
Ayes : Mr. Olson, Mr. Barber, Mrs. Walter, Mr. Robertson, Mr. Brandt
Noes : None
Absent: None
(Rules and Regulations on file in Town Clerk' s Office)
s
Councilman Barber- commended on the rules and regulations noting that
they have been modified and stream-lined. . .
RESOLUTION REQUESTING THAT QUAKER ROAD BECOME A FOUR LANE HIGHWAY
RESOLUTION NO. 160 Introduced by Mr. Michel Brandt who moved for
its adoption, seconded by Mr. Robert Barber:
Resolution forthcoming from Town Counsel and to be found on page �b�.
Supervisor Brandt: commenting on the increase traffic load on Quaker Road
noted that he is requesting the take over of Quaker Road by the State
to be. turned into a four lane highway. . .will ask for assistance from
Assemblyman Gerald Solomon and Senator Ronald Stafford in this effort. . .
Councilman Barber- RBgardless of how its built I hope that the County does
not build it.
Supervisor Brandt: I can go along with. that myself.
Petition the County for help in either rebuilding it in a Caunty project or
a trade off and the State takes over the road and builds it.
Councilman Barber-announced the resignation of Joseph Berry from the
Queensbury Police Dept. . . . his resignation will be effective July
28, 1977. . .
RESOLUTION MB APPRECIATION
RESOLUTION NO 161 Introduced by Mr. Robert Barber who moved its
a option, seconded by Mr. Daniel Olson:
WHEREAS, Joseph Berry, Patrolman, Town of Queensbury has turned in his
resignation and the resignation has been accepted as of July 28, 1977
by the Town Board, and
WHEREAS , Patrolman Berry has served the Town of Queensbury in an exemplary
manner, NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury wishes to express
their sincere appreciation for the six years of service to the residents
of the Town of Queensbury.
Duly adopted by the following vote:
Ayes : Mr. Olson, Mr. Barber, Mrs . Walter, Mr. Robertson, Mr. Bazhdt
Noes: None
Absent: None
Councilman Olson- requested the Supervisor to write to the City fathers
and request them to gise the Town an answer on when the Landfill on
Luzerne Road will be closed out. . .
Supervisor Brandt- I have discussed this problem with them formally and
informally. . .havt-, T been looking for a potential roadway to connect Sherman
Avenue to Luzerne Road— important for basis safety. . .will explore the problem.
Councilman Walter- announced the first of the mini meetings directed by the
Planning Board in regard to the surveys that were sent out to residents . . .
the First meeting will be for the Glen Lake Area on July 28th at the
Queensbury Town Office Building. . .urged all residents to attend and voice
their opinr.ene .on land use planning. . .
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Supervisor Brandt- commented that this is a very worth while project,
want public input so that the Planning Board can reconsider the Town
Plan. . .
Councilman Barber- the Assessment Committee met today at 4:00 P.M.
interviews will be conducted shortly for the job of Town Assessor. . .
Joseph Brennan-Town Counsel- in regard to the vandalism to the West Glens
Falls Cemetery. .noted that as far as can be determined the. Town Board
can appropriate funds to repair the stones that were damaged. . .the Cemetery
Commission has been advised of this . . .
— In the establishment of speed limit in the area of Heinrick Circle and
Midnight Drive. . .The Town Board and County Supt. of Highways can request
D.O.T. to establish a speed limit lower than 55 mi. per hour on these
`- roads. . . the only thing that the Town Boaddn°do is request D.O.T. to
conduct a study on the speed limit on these highways. . .
Councilman Barber- requested that a resolution be sent to our Assemblyman
to introduce to the Legislature a law reinst*t 6Ang the desecration of
cemeteries as a violation of the penal law . . .strict. enforcement with
severe penalities. . .
Councilman Olson- requested that the Board speak with the Cemetery
Commission and the BiCeneennial Commission in regard to the monies
needed to restore the cemetery. . .
Councilman Barber- withdrew his motion. . .noting that he will have the
resolution in writing for the next meeting. . .
Councilman Olson- waived the reading of the reports:
Town Clerk' s Monthly Report-June, 1977 on file.
Dog Warden' s Report-June, 1977 on file.
Building & Zoning Report-June, 1977 on file.
OPEN FORUM 8: 10 P.M.
Daniel Morrell- Lynnfield Drive Qab�y. - Are there any defined routes
,_.! that the Trucks use going from the Glens Falls Landfill to the Oueensbury
Landfill?
Supervisor Brandt- We have asked . . .
Councilman Olson- We have asked them to stay off the Ridge Road and
Bay Road Section. . .and use Route 9 or Farm to Market Roads. . .
Supervisor Brandt- The County Refuse Agency has asked that. . .
Glen Greeno- Questioned Mrs. Walter- regarding the Tn. Planning mini
meetings. .has this been mandated by the State?
Councilman Walter- No
Glen Greeno-Will this plan effect private or public properties?
Councilman Walter- It is a landuffe planjit will involve both private and
public lands . . .
Glen Greeno- Will this carry the force of law. . .?
_. Councilman Walter- The plan itself will not be a regulation but from the
!plan may derive some subdivisdnn regulations. . .want to get maximum use
from our resources. . .
Glen Greeno- questioned if someone owned farm bmd,and then wanted
to subdivide his property, could the plan stop him?
Councilman Olson- That would depend on the zone he is in.
Councilman Barber- commented that this is one of the firEtt times that
the people have been contacted and asked for their input in the planning
of the Town. . .
Supervisor Brandt-. commented on the present Zoning Law stating that this
is now a chance for the people to expeess their opiouens. . .it is laying the
ground work for a reexamination of the Town Plan. . .
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Glen Greeno- Basically this is ' a reorganization 66 the Zoning Ordinance.
Supervisor Brandt- Yes . . .
Councilman Walter- commenting on the survey noted that we know have an
idea of. what kinds of services the residents of Queensbury desire. . .
Arthur Turnbull- Thank the Board for looking into the problem of dumping
at the landfill. . .questioned under the reassessment of farm. property that
a farm could. not be classified as such, if it did not earn .$10,000 or more?
Supervisor Brandt- I do not know.
Arthur Turnbull- noted that. he had heard of some complaints where farm
land was assessed as per. building lot classifications thus raising their
taxes. . . —'
Councilman Robertson- I do not believe that is the case in the town of v
Queensbury, there may be such anState or Federal Regulation. . .
Councilman Barber- commented on the regulations on Agricultural Dist. which
do not exist in the Twwn of Queensbury.
Councilman Barber- announced that he will not run for election as a
Conncilman for the Town of Queensbury . . for either the RBpublic Ticket
or the Conservative Ticket. . . noted the d&fftu*1L* in making this
decision and wishes to thank all those from the Republican and Conservative
Committee for getting my petitions. in order to be a designated candidate.
RECESS 5 min.
Meeting Opened.
RESOLUTION TO HOLD PUBLIC HEARING CONCERNING POSSIBLE ADOrrION OF LOCAL
LAW REQUIRING PRIOR WRITTEN NOTICE OF DEFECTIVE CONDITION AS CONDITION
PRECEDENT TO MAINTENANCE OF CIVIL ACTIONS AGAINST THE TOWN
RESOLUTION N0, 162, Introduced by Mr. Robert Barber who moved its
adoption, seconded by Mr. Hammond Robertson:
WHEREAS , Town Law Section 65-a authorized the maintenance of civil
actions against Towns for injuries sustained as a result of the
existence of defective conditions where. the town had prior written
notice or constructive notice of said defective condition and
TMEREAS , the Town Board has been advised that a 1976 amendment to
the Municipal Home Rule Law empowers the town to supersede the
provisions of Town Law Section 65-a by the adoption of a local law
to eliminate constructive notice as a basis for the maintenance of
civil actions against. the town, and
WHEREAS, it would be beneficial to the Town of Queensbury to limit
civil action against the Town for highway and sidewalk defects to
those occasions where the Town had received actual prior written
notice of the existenance of the defective condition and to eliminate
constructive notice thereof as the basis for the maintenance of civil
actions , and
WHEREAS , such a proposed local law, a copy of which is hereto
annexed, has been prepared and presented for consideration by
the Town Board and
WHEREAS, a public hearing is mandated by law prior to consideration
for adoption of the proposed local law by the Town Board, and
WHEREAS , the proposed local law is worthy of consideration for
legislative actions.
NOW, THEREFORE,
BE IT RESOLVED, that a public hearing be held concerning the proposed local
law to require prior written notice of the existencn of a defective condition
as a condition precedent to the maintenance of civil actions against the
Town of Queensbury for injuries sustained as a result of said defective
condition and that said public hearing be held at 7: 30 p.m. in
the meeting room. of the Town of Queensbury Office Building, Bay and Haviland
Roads, on Tuesday, August. 9, 1977 and that the Town Clerk be directed to
publish and provide notice of siad public hearing in accordance with law.
85.
Duly adopted by the following vote :
Ayes: Mr. Olson, Mr. Barber, Mrs . Walter, Mr. Robertson, Mr. Brandt
Noes: None
Absent:. None
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION NO. 163 Introduced by Mrs . Frances Walter who moved for its
a option, sec— onded by Mr. Hammond Robertson:
RESOLVED, that Audit of Bills as listed on Abstract No. 77-7A. numbered
825 through 942 and totaling 55, 786. 13 be approved with the exception
of the pulling for two bills Numbered 867 for $1392. 70 and 891 for $266.00.
Duly adopted by the following vote:
`-- Ayes: Mr. Olson, Mr. Barber, Mrs. Walter, Mr. Robertson, Mr. Brandt
Noes: None
Absent: None
On motion the meeting was adjourned.
Respectfully,
Donald A. Chase, Town Clerk.
Special Meeting July 19, 1977
` Members present:
Michel Brandt-Sup ers*eer
Daniel Olson-Councilman
Robert Barber-Councilman
Frances Walter-Councilman
Hammond Robertson-Councilman
Town Counsel-Joseph Brennan was absent.
The Board opened the meeting with a salute to the flag.
RESOLUTION FOR ISSUANCE OF A $28,285 ,00 BONN ANTICIPATION NOTE TO FINANCE
THE PURCHASE OF HIGHWAY EQUIPMENT.
DATED: JULY , 1977
RESOLUTION NO. 164, introduced by Mr. Barber, who moved its adoption, seconded
by Mr. Olson.
WHEREAS, the Town Board of the Town of Queensbury on June 13, 1974 adopted a
bond anticipation note resolution in the amount of $70, 720. 00; and
"-�HBREAS, such a bond anticipation note was renewed and sold by the Supervisor
of the Town of Queensbury to the First National Bank of Glens Falls , New Yort;
�Id
HEREAS, said renewal bond anticipation note is due as of July 16, 1977;
NOW, THEREFORE BE IT
RESOLVED, that the Supervisor of the Town of Queensbury be and he hereby is
authorized to
(a) pay toward said renewal bond anticipation note the sum of $14, 145. 00 and
(b) to partially renew said bond anticipation note with a balance of $28,285. 00
with the Glens Falls National Bank, Glens Falls , New York for a period
running from July 16, 1977 to July 15, 1978 with interest at the rate of
3 7/8 per cent (3 7/8%) per annum. (A ct$py of the renewal bond anticipation