1976-04-27 Regular Meeting April 27, 1976
Members Present:
Michel Brandt Supervisor
Daniel Olson Councilman
Robert Barber Councilman
Harold Robillard Councilman
Hammond Robertson Councilman
Joseph Brennan Town Counsel
Town Officials resent: George Lia es
P g p Harold Boynton, Floyd Martindale,
Gilbert Schlierer.
Also present were residents of West Glens Falls who were appearing to
be heard in favor of or in opposition to the Adirondack Trailways Bus
Co. moving its depot to Rozell ' s Country Store in West Glens Falls.
Residents of the Gurney Lane area were present to voice their concern
regarding the George Weeks property rezoning.
The meeting was opened at 7: 32 P.M. with Councilman Robertson leading
the salute to the flag.
First on the agenda was a public hearing on the rezoning of. the George
Weeks property from an R-3 classification to a C-3 classification.
Proof of publication was read by the Clerk.
John Lemery an attorney representing Mr. Weeks presented a map of the
area .to be discussed about. He wished to make it clear that Mr. Weeks
is.only seeking rezoning of a portion of his property. He is proposing
a buffer zone of approximately 3 to 400 feet to protect the residents
in the rear. It was accepted by the Town Planning Board and Zoning Board
that an additional 50' buffer zone. in the east of the existing stream to
j protect it from run-off. Another buffer zone 100' for property owners
t.._j south of the Weeks parcel. Only wish to rezone the front portion of the
property and leave the rest in its natural state an R-3 Zone. An appraisal
of the property for its highest and best use was done by Robert VanDyke.
In' the report it stated that the properties highest and best use was
commercial land subject to contour limitations. A short history
of the land was that in 1969 the Warren County Supervisor' s authorized
the sale of lands owned by. the County, The property was unzoned .
property owned by the County. The Ski And Shore property that was purchased
from the County was zoned C-3. Mr. Weeks bought his property for commercial
purposes, and it was always assessed as commercial land. The Queensbury
Assessment Department said the land was assessed for $9800:00 dollars
for the 14 acre parcel the Ski- and Shore property was assessed for
$9300. 00 dollars for 17 acres. Mr. Weeks thought he purchased land for
commercial use and apparently the Queensbury Assessor thought the land
was commercial. When Ski`'and Shore property was zoned C-3 it created
a hardship for Mr. Weeks property noting that if homes were be igibuilt
in the area they were large homes and would not build across from a
Commercial Property. In further investigation we obtained a comprehensive
zoning plan by Candeub Flessig Associates given to the Town in 1965 noting
that in paragraph 2 concentration of commercial development, new commercial
development, should be encouraged in areas served by public utilities
particularly "water" and in close: proximity to developments of similiar
_nature, .with respect to commercial development the Town Planners envisioned
? that highway oriented commercial uses to be confined to existing locations
along major roads and at key interchange points. Heavy commercial uses
should be located in areas with good access to major road networks of the
Town—It is our position that the Town Planners originally envisioned
areas in close.,'proximity to the interchanges of the Northway .should be
zoned for commerical purposes. . .Noted that the VanDyke appraisal was
i*epth and revie il, to-handlA water and sewage treatment. . ,Town
Water is available.17 & Town Planning Board and 'the- Warren:.County Planning
Boards in addition to the approving of the application in the event that
the Warren County Sever district was .approved, and the lines placedd that
Mr. Weeks require that any person using that property for commercial
use 'hook up to the sewer system. Mr. Weeks has agreed to make that part of
the deed. Noted that sand and gravel extraction could not be done
in a R-3 Zone and not in a C-3 zone, it is not the intent to use this
property in that way. Asking. for rezoning now without plans because it
4 seems to be more reasonable to say to a purchaser that it is zoned
C-3 . We believe the request i.s reasonable and the buffer zones that
have been left are reaaonab_lv..
Councilman Robillard- How large is the tract?
Attorney Lemery-14 acres total.
Councilman Robillard- How much for a buffer?
Attorney Lemery-About 6 acres, as a buffer.
Councilman Olson- How much is usable land left when there is a r)kvine
there?
Attorney Lemery-1000ft by 200 feet deep. Li
Bob Roberts-How much on the southern end would be a buffer zone?
Attorney Lemery-200 feet. I-)
Charles Atwell-Is there any chance that it will be used for a sand
and gravel pit or other undersirable uses?
Attorney Lemery- The zoning ordinance would not permit it in either zone.
Charles Atwell- It could be a restaurantor something like that?
Attorney Lemery-A C-3 zone allowes those activities that setva highway
traffic. . . .
Cliff Lewis-Gurney Lane-questioned, are we opening up something that can' t
be stopped. . .couldn't it creep up the hill?
Bob Roberts-owner of property south of this property— it was zoned
residential when I bought my home and I am worried about the area. . .
opposed to the proposed buffer zone noting it is only 200' of unusable
ground. . . if you change it to Commercial then at some time. it can be
changed to a Sand and Gravel use. . .
Mr. Daley- Is it my understanding that the Town Garage is industrially
zoned right now?
Attorney Lemery- It is a county garage, that I presume, they do repair
work on vehicles there. . .
Mr. Daley- I would object to the rezoning.
Councilman Barber- Where do you reside? .
Mr. Daley- Gurney Lane
Bruce Rehm-Gurney Lane-Is there any reason why in the future the buffer
zones could not be changed? It seems faulty that the buffer zones be
used as a reason for rezoning, and why didn"t the person check the
zoning before he purchased the property.
Attorney Lemery- The County land is unzoned property and was sold as
commercial property,
Dave Hartmen-Gurney Lane- Why can' t the road be used as the buffer zone
between the Commercial on one side and the residential on the other. . .
I believe the assumption that houses Uould not be put there . is . faulty. . .
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Supervisor Brandt- Noted that there is a movement underway to reopen
the Children' s Health Camp. . . if this does not work out I have put in
a Bid to the County that the Town could use the land for their .recreational
purposes.
Mrs. Bailey-How long ago did Mr. Weeks buy this property?
How long was it before he knew it wasn't zoned commerical?
Mr. Weeks- I bought it in 1969. . .
Mrs. Walter Robinson-Gurney Lane-If Mr. Weeks puts in a commercial operation
then won' t the Ski and Shore, be justified in doing the same? .
Councilman Barber- They can do that now. . .they have had the opporunity to
do that for two or three years now. . .
r
Mrs. Walter Robinson- we live in this area and hope that it is kept
for,,,ever wild or residential.
Dr. Lester Huested-quoted parts of the Zoning Ordinance, and talked
about present home owners living there. He stated that the commercial
should be on the East side of the Northway on Route 9 only that it was
a mistake to rezone this parcel that the people living there now enjoy
the quite and nature around them. If it was changed to commercial the
Board would also have to consider the rezoning change for other owners
adjacent to this property. Ski and Shore opened wide the creeping
aspect of commercialism. . . I do not approve of the rezoning.
Mr. Robert VanDyke-Appraiser-Viewed this property obrjectively and appraised
it as such. . .appraised it as it's highest and best use. . .reviewed his
�i appraisal (on file)
Mrs. Ann Liedtke-Gurney Lane- unalterably opposed to the zoning change. . .
Mr. Bob Robertson- This is a wide right of way area -and the residential
houses in that area can view the commercial property.
Mrs. Huested- wished the Town Board could see how many residentsrode
through this area to see the beauty of it.
Councilman Robertson- Do I understand that you have no concrete proposal
for this property?
Attorney Lemery- Yes, The land has been for sale for over a year, and no
one has expressed an interest in it. Mr. Weeks hopes that if it was zoned
commercially there would be interest in the property. . .
Supervisor Brandt- Closed the Public Hearing. . .8: 35 P.M.
Councilman Robillard- requested that the action on the Hearing be tabled.
RESOLUTION TO TABLE ACTION ON WEEKS REZONING
RESO . TTON N0. ILL Introduced by Mr. Harold Robillard, who moved its
adoption, seconded by Mr. Daniel Olson:
RESOLVED, that in order to study the testimony given at the Weeks
Rezoning Hearing, the matter be tabled until May 11, 1976.
Duly adopted by the following vote:
Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt
Noes : None
Absent: None
Supervisor Brandt-re: Bus Terminal in West Glens Falls-noted that the
Board can take no action, the matter is in the hands of the Courts and
the Board is powerless to do anything. . .people's comments will be welcomed
in open forum. . .
Councilman Robillard- it is up to the Zoning Board of appeals to take
action they hear the case. . .The Town Board will take no action because
they can' t. . .
RESOLUTION TO ACCEPT BIDS ON LIQUID ALUM, LIQUID CAUSTIC SODA, AND LIQUID
CHLORINE FOR WATER TREATMENT PLANT
RESOLUTION N0, 114. Introduced by Mr. Hammond Robertson who moved its
adoption, seconded by Mr. Michel . Brandt:
WHEREAS, Thomas Flaherty, Water Superintendent did recommend that we
advertise for Liquid Alum, Liquid Caustic Soda, and Liquid Chlorine for the
Water Treatment Plant, and
WHEREAS, three companies bid on the above chemicals and the bids were
opened on April 13, ' 1976 at 7:30 P.M. and read aloud and then turned over
to Mr. Flaherty for his recommendation, now therefore be it
RESOLVED, that upon Mr. Flaherty's request the Town Board accept the
following bids:
Liquid Chlorine Ashland Chemical Company
South Street
$11. 65 per 100 lbs. Rensselaer, New York
Liquid Caustic Ashland Chemical Company
$10. 53 per 100 lbs. South $treet
dry basis Rensselaer, New York
Liquid Alum Holland Company, Inc.
Howland Avenue
$99.08 per net ton Adams, Mass. 01220
RESOLVED, that the financing of the chemicals was included in the 1976
Water Department Budget.
Duly adopted by the following vote:
Ayes: Mr. . Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt;
Noes : None
Absnet: None
Councilman Olson- The original van that the Dog Warden is now using
is a hand me down item that we obtained from the County when the program
of Dog Warden was first atarted, in my estimation it is beyond repair
from the amount of repair work that has been put into this van since the
beginning of the winter through the winter months.
Supervisor Brandt-I do not disagree with you the van that we have in use
is in apparently poor shape, and needs to be replaced, however, we are
advertising, as I read the specs,we are advertising for a half ton van.
I think we have to look at other possibilities, first of all we apparently
haadle about 30_ to 35 dog pick up per month an average dog, well I have
a Saint Bernardiit does weight over 200 lbs. , it does not seem that we
need that large. a vehicle. I would think we should be looking at an
economy class vehicle if we have to look at new, and I would like to see
us look at the used market, incluging the possibility of a small pick up
with a camper top, that seems to be readily available now days. It is
primarily a vehicle to make calls rather than to pick up dogs.
RESOLUTION TO ADVERTISE FOR BIDS FOR A NEW 1976 VAN FOR USE BY
I
THE DOG WARDEN
RESOLUTION NO. 115 Introduced by Mr. Harold Robillard who moved its
adoption, seconded by Mr. Daniel Olson:
WHEREAS, James A. Davison, Dog Warden for the Town of Queensbury,
has requested the Town Board to solicit for sealed bids for a new
1976 Van, and
WHEREAS, a considerable amount has been spent on the repair of
the present Van, Now, therefore be it
RESOLVED, that the Town Board of the Town of Queensbury solicit
e Bids for the purchase of a New 1976 Van and that the
sealed r p
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 Zown of Queensbury,
will receive sealed proposals on a New 1976 Van to be used by the
Queensbury Dog Warden. 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. 25th day of May, 1976
at the Town Clerk' s Office in the Town of Queensbwry Office Building,
Bay and Haviland Roads, Glens Falls, New York 12801.
Bids must be submitted in sealed OPAQUE efivelopeg marked "DOG WARDEN"
VAN BID" and there shall be submitted with such bid a certificate of
non-collusion as required by Section 103D of the General Municipal
Law and bidder must state approximate date of delivery.
The Town Board of the Town of Queensbury will meet at the Town Office
Building at 7: 30 P.M. on the 25th day of May, 1976 at which time the
bids will be opened and read aloud.
i
The Town Board reserves the right to reject any or all bids.
Dhly adopted by the following vote:
7
Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson,
Noes: Mr. Brandt
Absent: None
RESOLUTION TO CHANGE AGREEMENT BETWEEN LOUIS FISHER AND THE TOWN OF
QUEENSBURY REGARDING TRANSPORTATION FOR THE ELDERLY
RESOLUTION NO. 116 Introduced by Mr. Michel Brandt who moved its adoption,
- seconded by Mr. Ro ert Barber:
WHEREAS, the Town Board of the Town of Queensbury entered into an
agreement with Louis Fisher to providee;..for transportation for the
elderly citizens of the Town of Queensbury and
WHEREAS, Mr. Fisher has requested that the pick-up date be changed
from Tuesday to Thursday by a request of the citizens using hi's
service, Now, therefore be it
RESOLVED, that -said agreement be changed to read that transportation
will be provided on Thursday of each week rather than Tuesday.
Duly adopted by the following vote:
Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt
Noes: None
Absent: None
RESOLUTION TO AMEND SALARY' ,
RESOLUTION NO. 117 Introduced by Mr. Harold Robillard who moved its
adoption, secon a by Mr. Robert Barber:
u RESOLVED the Salary of the following Town Officers be amended
NAME POSITION SALARY
Michel Brandt Supervisor $ ,250.00
Donald A. Chase Town Clerk $ 0;'460. 00
John Carusone Town Justice 4, 750. 00
James A. Davidson Town Justice $4, 750.00
Carl Garb Highway Superintendent$12, 650.00
and be it further
RESOLVED, that :'bhe five Officials listed above be excluded from the
$250. 00 bonus along with the ones mentioned in the January 1st, 1976
Salary Schedule, and be it further
RESOLVED, the above changes are retroactive as of January 1, 1976.
Duly adopted by the following vote:
Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, "r . "._ 1 'a-
Noes: None
Absent: None
Abstain: Mr. Brandt
COMMUNICATIONS:
MEMO:
The Town of Queensbury Memorial Day Parade will be held on Sunday
May 30th, 1976. The parade will form at the Queensbury High School
at 12:30 P.M. and will move down the New Aviation Road to Pineview
Cemetery approximately 1:00 P.M.
Mr. George Daley, Commander of the V.F.W. Post 6196, has invited
the Town Board to participate by . leading the Parade. Speaker
for the ceremonies will be Michel R. Brandt, Supervisor, Town of
Queensbury.
Ltr.
Town Clerk
April 19, 1976
Michel Brandt, Supervisor
and tneckber of the Queensbury
Town Board
Dear Sirs:
As of this date this office will no longer be responsible for
the preparation and certification of the General Town Fund and
the Police payroll. --
Section 120 of the Town Law states that these payrolls must be V
certified by the Town Officer having direct supervision of the
claimants`.
This gives the responsibility to the Supervisor and the Chief of .�
Police.
I have also indicated to the Town Board members that the salary
schedule adopted by the ,Town Board at the January 1st. meeting is
not correct and that steps should be made to make these corrections
immediately.
Respectfully,
/s/
Donald A. Chase
Town Clerk
Supervisor Brandt- I personally have comments on that, First of all
I think it is a good idea that the payroll be handled directly by the
bookkeeper under the direct responsibility of the Supervisor and I don't
know when the present system was established, could you enlightened me
on that Don?
Mr. Chase, 1971 or 1972.
Supervisor Brandt-I have also read in the media, concerning this a
subject that I hadirequested a $1, 000 raise, and I think that is
absolute untrue misinformation. To my knowledge I have never re-
quested a $1, 000 raise. The $1, 000 raise in question, I believe,
was provided for in the preparation of the last budget. As a matter
of fact, ' I think I am the guy who kind of brought it out to the
public that it was in the last budget, during my eamagn .. There is
no question that when I took office, in informal discussions between
ourselves, I yielded to the sentiment of the Councilmen that the raise
was necessary, for the job of Supervisor, as Budget Officer, and did not
raise question and did not oppose it, however, I did not ask for it.
I think it should be on public record also, that I did not prepare
the salary schedule, and I think that should be public information,
that apparently there was an error in the preparation of the payroll,
and it did include the proposed $1, 000 for me although that was illegal
''be,auae that had never been approved in the organizational meeting. This
was' brought to my attention two weeks ago or there abouts, and we rectdfied
it in the payroll section. One thing that does coatera _ me very much
is that it is my information that Don, you knew of this some months ago,
that there was an error in which I was being paid at the rate of
$9, 000 instead of the legal rate of $8, 000 a year. I think that, that
speaks poorly for ourselves in that we have to have better information
between ourselves and better communications and I hope that in the future
when ever there is an error anywhere within the administration function
of this government that it be brought to the attention of the Supervisor;
or the bookkeeper, or anybody responsible that is involved in that error.
Since it wasn't one that I made, I feel that it was potential dgnomite
to me to have it on going for as tang as it went.
Mr. Donald Chase, Town Clerk-Weld., Mr. Merrill was here, I think I was
in discussion with Mr. Merrill, for- many weeks I told him that probAbly
the best thing I should do is to be putting these things in written g He
knew it was wrong, still in all someone told him to put the other 1000
in there, it wasn' t me that' s for sure. '
Supervisor Brandt It certainly wasn't me.
Mr. Donald Chase- Some reason or other your pay appeared $8,000 on the
salary schedule, and your payroll was $9, 000. If it was a directive from
I I
9
your office or where it came from, any payroll instructions that we
got out of my office came from bookkeeping. It is nothing that I do
on my own.
Mr. Theodore Merrill-I would like to make a comment on:that, Don,
In the course of our discussion you did bring out to me, and mentioned
a number of times the $250. 00 with the elected officials, but at no point
was the $1, 000 item brought to my attention. The first time that it came
to my attention and the first time it came to Mike's was when it was
revealed to him a couple of weeks ago. It was never a point of conversation,
- Councilman Robillard- I think that the Town Board though ,has drawn to
a conclusion to thisjI think that the matter just be better off left where
it is.
Councilman Barber- I am very satisfied with the matter in which you have
addressed yourself this evening Mr. Brandt, to this question and I think
it should be dropped, the minute the Town Board was alerted to it, we went
to you in confidence and we told you what the situation was and� it became
public only when you felt that the statement was made again in public,
that there is partisanship ,and that we huddle the Republican members of this
Board, huddle ,and we don' t come to you and communicate with you very often.
I do not find that to be true, particularly when the best interest of the
Town is at stake, and we felt that in this particular situation that this
was one of the interest of the Town that personnel was not communicating
with you satisfactorily, that you were unknowlingly collecting the money
and we advised you of. that and you took corrective action. And we stated
those facts on that basis. There is no intent to wash our la*ut yr or
we are not going to do it, we are going to cooperate as a whole board,
for the best interest of the Town. I think that has been exemplified
to you by what the Councilmen of this Board, when they came to you in
confidence and told you about the situation.
Councilman Robillard=Again, I think thematter should lie where it is and
I think we recd.ffl the pay schedule this evening, and I think we should
progrees with Town Business at hand.
ANNOUNCEMENTS:
Supervisor Brandt- Using various maps of the Queensbury Area including
Coles woods Mr. Brandt spoke to the public about a proposal with the
City of Glens Falls for a joint recreation project. This would comprimise
several parcels of land from City property to private property and
several right-of ways. . . If the proposal is accepted these lands could be
used for motorized vehicle trails both summer and winter also hiking trails
and bike trails. . .The City of Glens Falls has filed for a Federal Grant
for the funding of property but it is realized that the City- can not do
this project alone. . .The Town will have to participate. . .The Federal
Grant would be 507. funding—In filing for the funds, the application is
large but can' beRCUt down but if accepted,, cannot be made larger. . .
Noted that on the Coles Woods property Mr. LaPann and Reardon have been
contacted and are willing to sell it at a lesser price for recreation
purposes. . . if the property is sold at less than its value to the Town and
Federal Funding is used the Federal pays the full value and the owners
return, as a gift to the Town-,she difference. . . this has to be certified. . .
and the property has to be appraised by people approved by the Federal Gov-
ernment—that is a way to get more than 50% funding. . .Noted that several
other owners of lands are still being neg®tgateti�A for the property.
There is' the possibility that the County could get involved in this project,
that has only been discussed informally.
Councilman Olson- You mentioned that the City was placing a packaged plan
to the Federal Government for assistance dogs this include the Queensbury
property?
Supervisor Brandt- Yes. . .
Councilman Olsnn-What is your' program on action on this ,the end of the
month is pretty close.
Supervisor Brandt-We do not have to make our move at this point, the only
thing that had to be done was the application to be submitted.
OPEN FORUM 9: 10 P.M.
Unknown- How long will LePan and Reardon wait- before they accept
10
the other offer for Coles Woods?
Supervisor Brandt- I can' t tell you that, but I think that the commitment
is understood that they will hold our option open until we have formally
processed the application and take the decision one way or the other.
County Supervisor Thomas Murphy-Praised the concept of the trails but
cautioned the Town and City that the property whould not be purchased
until the State and Federal approval for the money grant is obtained. . .
Mr. Jim Coccia- noted that nine' months ago he presented the Town Board
with a petition regarding the placing of Water and Fire Hydrants in' the
Old Forge Park Area, at that time,.the Board said they would investigate
and we would probably have water this spring and no later than this
coming summer. . .where are we?
Supervisor Brandt- You are outside the district and a district has to
be created. Noted that the Board has discussed many areas were water
is needed in the town but noted that it cost money to form these distr_,.../
ricts. The Water Dept.. does not have the money at this time to invest
into the creati ,.on of new districts. We know very well that we have to
expand the water districts , I am sure it is the intent o£ the whole town
Board to expand this system as rapidly as we can responsibly,
Mr. Jim Coccia- I have been reading all winter long where you want to
expand and sell water to Kingsbury, not even the people who live here, how
about us first.
Supervisor Brandt- There we have a line that exists to the Town line it
is not a matter of building facilities that' do not exist. Noted hoped
to encourage other municipalities to use our facilities instead of building
other plants.
Mr. Glen Gregory-Voiced his concern of the City Landfill, questioned the
board on how much longer this would be going on. . .
Supervisor Brandt- We all see the thing growing, the base can' t be
expanded very much more, there has been discussions with the City
on this noting several workshop session with the city in the near
future. There is some progress being made and a lot of effort being
put in.
Councilman Robertson- The main problem is that once the Town and City
go together in a landfill, it is forever, there is no backing out. . .
We have problems with our own landfill, with capacity and life, before
we can really make progress with the City, we' have to come to some very
hard decisions of our own as to what we are going to do to solve our own
problems.
Supervisor Brandt- The main problem is to recycle and eliminate volume,
a lot of work has gone into the solving of' this problem.
Councilman .Barber-Noted that there have been many meetings with the city
and as a groups that until they have come to some concrete" solutions that
the press releases will be kept to a minimum and when they' are released.,
they will come from the group, the joint landfill committee, There
has been a great effort to solve the pro,-blems shortly. . .
H. Russell Har'ri's- The Grange has appointed a committee, as' a' community
service, to make a study of all the landfill in Queensbury' . .we
wish to have the backing of the Town and their help as to the use .✓
of statistics that the Town may have. . .and individuals that could help
assist us in that project.
Supervisor Brandt-We Welcome any participation in this Government. . .
The records are at your disposal. . .
Councilman Robertson- I will meet with your committee any time that I
can be of service to you. . .I am sure Mr. Barber will also go along with
that. . .
David Harvey-presented the Town Board with a petition and wished to go on
record opposing the bus terminal.
Mr. Brandt-We will forward the petition to the Zoning Board of appeals.
Mr. Harvey-questioned what would happen if the judge was in favor of the
terminal ?
1i
Mr. Brennan-The present situation that was returnable in the Supreme
Court this morning was for a preliminary injunction which will not
determine the issue finally. There is also under New York State Law,
in order to make an application for a preliminary injunction, you must
also commence a law suit by the service of a summons and complaint
for a permanent injunction. This matter was argued this morn-ing, Judge
Gibson, determined, I believe his total expression after hearing the
argument was that he would decide the application of the Town of
Queensbury for a preliminary injunction prior to the commencement -of
the next trial term in Warren County, which starts on Monday. Therefore
my interpretation of what he said was that he would decide the
preliminary injunction aspect of it as of Friday, this week. No matter
which way honestly that he rules on that question, it certainly may have
an effect on the intention of the people involved to continue the bus
operation. But there still will be the law suit for the permanent
injunction and Judge Gibson - asked the attornies this morning that were
involved in the case whether or not they would be willing to stipulate
to put this matter on trial on the permanent injunction aspect. That was
agreed upon. That will be heard, I assume.4pursuant to Judge Gibson' s
direction during this term in court. But if in fact, Judge Gibson should
grant the application for a preliminary injunction, it would not be
proper for me to comment on whether he will, or he will not cause, I can
not answer that question. That decision will be made by Friday. If he
grants the preliminary inunction, that will mean that pending he
ultimate disposition on the law suit for the permanent injunction, the
terminal can no longer be conducted at that facility. If he refuses the
preliminary injunction that will still not dispose of the case because
that will not determine the issue. It will be then as a result of the
trial determination on the application for the permanent injunction.
That is where- it stands at the present time. So the ultimate resolution
will be at trial:
Mr. Harvey asked for an explanation of his answer.
Mr. Harvey proceeded to file his petition with the Clerk.
Mr. Paul Wakely-Questioned that, when she opened the business, was it
j inspected for fire conditions and parking. Also it was in the paper that
the Building Inspector knew of the Potato Chip business which was there
for a couple of years. Is that any way to go about his job?
Mr. Liapes-Questioned, was there a need for a .variance to place Potato
Chip distributership there when there was a propane tank business there
before .
Mr. Olshak-voiced his concern about strangers now would be entering- the
area, asked for more protection while the injunction was going on.
Mr. Olson-We have increased Police protection at .the site presently.
Police have been instructed to be there in the morning whdn school buses
are loaded and when buses are going in and out of the terminal.They
can step up patrols.
Don Daniels-noted that there was a lot of business in that area and most
of the traffic was from out of town. I am for the terminal.
Mr. Olson- I am glad that Trailways moved to the Town of Queensbury. I am
opposed and the people here are opposed that they moved into a district
that is 99% residential. I would like to see them move closer to the
Northway.
� - Jane Harvey-We disputed the fact that the people did not go through the
proper channels.
i—' Mr. Brandt-By going through the proper channels, the parking, the sanitary
. facilities, the traffic could have been checked into.
Mr. Martindale-Noted a lot of different bus lines that went through the
area, the tractor trailers, the ambulances that are not heeding to the
speed limit and even though they have a red light that does not give
them a free ticket to break the speed limit- There is a lot of businesses
in the area. He noted a big problem at the intersection near Richardsons
store with congestion. I am for the bus station. This will help generate
more business.
Caroline Martindale-There has been a business in that building for quite
some time.
12
I personaly petitioned Main St. and thos*igning the petition I found
only two who were opposed to the bus sto# Mrs. Rozell possesses this
petition. This is definitely a commercial area. I am for the bus terminal.
Mr. Gregory-Noted that a business has been carried on therefor 17 years
and run very well, as far as the speed of .buses, they will probably go
about 5 miles per hour because they have to stop at the terminal.
Mr. Brandt-again noted that all of this testimon4hould come before the
Zoning Board which has to lgok at the Land Use pattern within the town.
Mr. Robillard-You do not want this Board to bring political pressure
against an independent agency of this government, I was accused of
this yesterday and probably lost 25 votes in West Glens Falls but
that is the way I feel. I am not going to pressure any agency of this
town to vote the way, I want them to vote.
Pete $ishop-Questioned the location of the bus stop noting that there
were no facilities for travelers, such as hotels, motels and taxis.
Ted Zoli-gave a report on the mechanics of the Lake Georgtpera Festival
and asked the board to- continue supporting the Festival with their
customary contribution. He listed the programs that will be put on this
year. Questions were asked Mr. Zoli by the Board regarding ticket, sales
and the amount of business generated into the Town by the festival,
Mr. Brandt-Noted that the Lake George Opera Festival was a terrific asset
to the own but in referring back to his campaign he noted that in - -
talking'many residents, they were concerned about their taxes and I think
it is my job to try and cut their taxes any way we can. It would be
interesting to me to see what your projections are in the future. Do you
think that it a permanent request of the town that we always fund this
and do you see it possible that the festi"val can be financial independent.
I think when the government can afford it,it does it,and when it gets to
tough times we have to tighten our belt. This is what I have said in the
case of the Opera Festival.
Mr. Barber-Two weeks ago a statement was misconstrued in the press !
about the position of Town Engineer. The Town Engineer, Mr. Raymond Li
Buckley is no longer with us and there was not adequate work for Mr.
Buckley in Town and Mr. Brandt saw fit through mutual discussion
to relieve the position because of budgetary reasons and I personaw
along with the members of the Board wish Mr. Buckley well and I am sure
he will be able to get a recommendation from any member of this Board.
There is no controversy relating to the Engineer' s position. There is no
controversy about his incompetence because there is no incompetence.
I would like to have that statement reported in the press. It is
unfortunate that Mr. Buckley has had' some difficulty because of some
bad press and I apologize because it was not the intention of myself
or any member of this board to have that kind of thought generated.
-Water Dept. Activiit Re or for M rch 1976 on file. . .
On motion the meet in wa adjourn.ed.
Respectfully submitted,
Donald A. Chase, Town Clerk
SPECIAL MEETING MAY 4, 1976 ,
MEMBERS PRESENT: —
4
Michel Brandt-Supervisor
Daniel Olsnn-Councilman --�
Robert Barber-Councilman
Harold Robillard-Councilman
Hammond Robertson-Councilman
Meeting Opened: 7:.30 P.M.
r}
c)
RESOLUTION AUTHORIZING CONTRACT WITH CSEA
RESOLUTION NO. 118 Introduced by Mr. Hammond Robertson who moved
its adoption, seconded by Mr. Harold Robillard:
RESOLVED, that the Town Supervisor be and he hereby is authorized to
enter into a contract with the Queensbury unit of -the Civil Service
Employees Association, which contract has been approved by J. David
Little, Counsel to the Town Board of the Town of Queensbury, and a
copy of which contract is attached hereto.
Duly adopted by the following vote:
Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt
Noes: None
Absent: None
On motion the meeting was adjourned.
Respectfully,
Donald A. Chase, Town Clerk
REGULAR MEETING MAY 11, 1976
MEMBERS PRESENT:
Michel Brandt-Supervisor
Daniel Olson-Councilman
Robert Barber-Councilman
. . . Harold Robillard-Councilman
Hammond Robertson-Councilman
Joseph Brennan-Town Counsel
Pressr,_, Lee Coleman, Tri County News
To*d Officials: Thomas Flaherty, Floyd Martindale, George Liapes,
Harold Boynton, Phyllis Joslyn
Guests: Mr. Weeks, John Lemery, Susan Goetz, Gerald Hammond, Chuck Thorn,
Joseph DeMeo, Bruce Lundgren, H. Russell Harris
Meeting Opened: 7: 35 P.M. Salute to the Flag.
BID OPENING- Notice Shown- 7: 35 P.M.
Rexford Pump & Supply Brass & Copper - $3409. 80 non-collusive
Blue Barns Road Cast Iron - $3447. 00
Rexford, New York 12148
Martisco Corp. Cast Iron - $3075. 20 non-collusive
3rd. Avenue Rd. Brass & Copper - $3514. 75
Rensselaer, New York 12144
Martisco Corp. 6" Ductile - $2765.00 non-collusive
3rd Avenue Road
Rensselaer, New York 12144
Robert D. Spence Inc. Cast Iron - $3532. 80 non-collusive
1 Airport Road Brass & Copper $3429.35
`—' Syracuse, New York 13209
LeValley McLeod, Inc. Ductile iron
128-140 VanGuysling Avenue pipe - $2945. 60 non-collusive
Schenectady, N.Y. 12305
LeValley McLeod, Inc. Curb Box & Rod - $3205.60 non-collusive
128-140 VanGuysling Avenue
Schenectady, N.Y. 12305
LeValley McLeod, Inc. Brass & Copper - $4002.20 non-collusive
128-140 VanGuysling Avenue
Schenectady, N.Y. 12305