1976-04-13 REGULAR MEETING APRIL 13, 1976
MEMBERS PRESENT
Michel R. BrandtSugervisor
Daniel Olson-Councilman ' .
Robert Barber-Councilman
Harold Robillard-Councilman
Hammond Robertson-Couricilzan
J. David Little-Town Counsel
TOWN OFFICIALS= Floyd Martindale; Betty Eggleston, Phyllis Joslyn,
George Liapes, ,:Harold Boynton, Roger Hewlett
PRESS: Tri County News,Lee Coleman jW$EA
GUESTS : Mr. William Hermance, Mr. Robert McDonough, 8rR _ Ira, rd,
Mrs. Gates, Mr. James Dempsey, Mr. William Burns, Mr. Roger Howard,
Ms. Stewart, Mr. Rosenblum, League of Women .Voters-Mrs. Barker
OFFICIALS-,°Thoms 'Murphy,. County Supervisor ,
Meeting Opened: 7:32 P.M. Salute to the Flag Councilman Robiiiard
t1:7
BID OPENING- Notice Shown - Water Dept. Materials for Filtration Plant
N
Bids opened by Town Clerk:
Monarch- Chetucicals :
non-collusive attached
Utica, New York Liquid Chlorine $15.45 per hundred lbs.
Ashland Chemical Cdinpany
P.O. Box 2219 non-collusive attached
Columbus "Olio -Liquid Chlorine $11.65 per hundred lbs.
non-collusive attached
50% Liquid Caustic Soda $10. 53 per 100 lbs. dry basis
Holland 'Coapany Inc
Howland Avenue non-collusive attached
`— Adams, Mass. 01220 Liquid Aluminum Sulfate $99.08 per net ton
Councilman-Robertson requested that the -bids be turned over to .the Water
Superintendent, Thomas Flaherty.
Thomas Flaherty requested that the bids be tabled for his review. . .
Supervisor Brandt- bids will be tabled. . .
z, .
mobile home on Holden Avenue
PUBLIC =NMING-►Mobile Home A#plication of William J. Hermance to locate a
f+r.Opened 7:37 P.M. Notice Shown. . .
No one spoke for or against the application. . .Mr. Hermance was not present
At thAs .t3 . .
Councilman Robertson- noted that this -mobile home had existed for &. number
of years in thi=s location on Aevets rpesigciw ,
have a ;permatfeht mobile home permit. . .
Councilmnu Robtliard- wished the public to know that- these permits are not I
transferable if granted. . . the permit is issued in his name only if the
Mobile a h sb sold the new owners will have to :reapply for the mobile home
to 'stay: . . r
I
Councilman Olson- presented the board with a petition signed by several
residents of the: area noting that they 'have no objections to the mobile
home. .>. (ac► ire a
Supervisor Brandt- Hearing Closed. . .
ft. Hersdance °metered. .
RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME
RE§OLUTI 97, Introducedby Mr.. Daniel Olson who moved its adoption,
seconded by Mr Hammond Robertson:
WHEREAS, William J. Hermance has made application in accordance with
paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury j
240,
entitled; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE
HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to
locate a mobile home at property situated on Holden Avenue Ext. , 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, therefore
be it
RESOLVED, that pursuant to the provisions .of the above mentioned _
ordinance, permission is hereby given to William J. Hermance to
locate a mobile home at property situated at Holden Avenue Ext. and
that the Building Inspector is hereby authorized and directed to
issue such permit in accordance with the terms and conditions of
said ordinance. \
Duly adopted by the following vote:
Ayes : Mr. Olson, Mr. Barber, Mr.' Robillard, .Mr. Robertson, Mr. Brandt
Noes : None
Absent: None
RESOLUTIONS
Supervisor Brandt- as per the request of the Bonding ,Attorney the next resolu-
tion is offered. . .
RESOLUTION RESCINDING RESOLUTION NO. 881, OF MARCH 23, 1976
RE50 .UTION NO. 98 Introduced by Mr. Hammond Robertson who moved its
adoption, seconded by Mr. Michel Brandt:
RESOLVED, that Resolution no. 88 of March 23, 1976, Bay Road Consolidation
with the Queensbury Water District, be and the same is hereby rescinded.
Duly adopted by the following vote:
Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt
Noes : None
Absent: None
RESOLUTION PROVIDING FOR THE CONSOLIDATION OF THE BAY ROAD WATER DISTRICT
AND THE QUEENSBURY CONSOLIDATED WATER DISTRICT IN THE TOWN OF QUEENSBURY,
WARREN COUNTY, NEW YORK
RESOLUTION N0. 99. Introduced by Mr. Harold Robillard who moved its adoption,
seconded y M Michel Brandt:
WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York,
duly adopted a resolution on February-24, 1976, calling a public hearing
for the purpose of considering the consolidation of the Bay Road Water District
and the Queensbury Consolidated Water District in said Town, to hear all
persons interested in the subject thereof, concerning the same and specifying
the 23rd. day of March, 1976, at 7 :30 'o'clock P.M. , Eastern Standard Time,
at Queensbury Office Building, in said Town, as the time when and .the place ._
where said Town Board would meet; and
WHEREAS, notice of said public hearing was duly published and posted in
the manner provided by law, and proof thereof has been submitted to said
Town Board; and
WHEREAS, said public hearing was duly held at the time and place aforesaid
at which all persons interested were duly heard; and
WHEREAS, said Town Board has duly considered all of the evidence presented
at said public hearing, NOW, 'THEREFORE,. BE IT
RESOLVED, by the Town Board of the Town of Queensbury, Warren County,
New York, as follows :
i
4 1
Section 1. It is hereby found to be in the public interest to
consolidaate`t�fie Bay Road Water District and the Queensbury Consolidated
Water District in the Town of Queensbury, Warren County, New York, and
the same are 'hereby consolidated.
Section 2. Upon -such- consoLidat on becoming effective, the resulting
consolidat4d water district shall continue to be known as the Queensbury
Consolidated Water District-`,and all the property of said Bay Road Water
District shall become the property of such Queensbury Consolidated Water
District.
Section 3.. Any indebtedness of said Bair Road Water District out-
standing- 'as,
`the effective .date of such coniolication, 4hall be assumed
by and become the indebtedness of the Queensbury Consolidated Water District, and there shall annually be assessed upon all the taxable real
property in such Queensbury Consolidated Mater District at the same time
`--and in the same manner as other Town charges an amount sufficient to pay
the princip l and, interest of all sueh District..$ outstanding indebtedness
including the aforesaid indeb=tedness of the Bay Road Water District, as
the same become due and payable, but if not paid from such source, all
the taxable real property within said Town shall be subject to the
levy of ad valorem taxes without limitation as to rate or amount sufficient
to pay the principal of and interest on said outstanding indebtedness.
Section 4. The future assessments of all costs of operation, main-
u) tenane improvements of such Queensbury Consolidated W`ister District,
P4 including any such costs which were 1ormierly 'assessable by law upon the
Ct taxable real property in the aforesaid Bay Road Water District, shall be
assessed upon all the taxable -re&l :Vroperty °tn said
a Queensbury Consolidated
Water District at the same -ti=me and -inthez .saner bier as other Town
chargei,i,-
Section 5. The offices of all commissioners of such Bay Road Water
Distr �f any iiiaall be, abolished upon the aforesaid Consolidation
becomingeffecti :°
Section 6. This resolution is adopted subject to permissive referendum.
Duly adopted by the following vote:
—Ayes: Mr.. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt
Noes: None
Absent: None
RESOLU77ON` TO AVMRIZE :CONTRACT-WITH MOUNTAINSIDE FREE LIBRARY
RESOLUTION NO. 100 Introduced by Mr., banie3 Olson who moved its
adoption, secon a by Mr. Hammond Robertson:
WHEREAS, °=the 1976 budget of the Town of Queensbury provides for an
item of 1325.00 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 1976 is hereby approved, and
be it further s
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 .a' cuted°, shall be 'filed with ,the Town Clerk.
Duly adopted by the following vote:
Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt
Noes : None
Absents : None
RESOLUTION TO CONDUCT A CARNIVAL OPERATION
RESOLUTION NO 1,OL Introduced by Mr. Robert Barber who moved its
adop oa, seconded' by Mr. Hammond Robertson:
RESOLVED, that permission is hereby granted to conduct a carnival
24
operation as follows :
Sponsgr': Queensbury Plaza Assoc.
Carnival: Robert D. Kellogg Amusementsy, Inc.
Place: Queensbury Plaza Shopping Center
Date April 26 through May 8, 1976 .
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 $500;000..00/
$1,000,000.00 bodily injury liability and $50,000.00 property damage '
liability insurance.
Duly adopted by the following vote:
Ayes Mr., Olson, Mr. Barber, Mr. Robillard, Mr. $obertson, Mr. Brandt
Noes : None -
Absent: None
RESOLUTION TO SOLICIT SEALED BIDS FOR WATER DEPARTMENT MATERIALS
RESOLUTI_ai3 NQ, 102,. Introduced by Mr. Hammond Robertson who moved its
adoption, seconded by Mr. Daniel Olson:
WHEREAS-, Thomas Flaherty, Queensbury Water Superintendent has requested
that the Town Board solicit sealed bids for Water Department materials
to be used for- the installation of service lines during 1976, therefore
be it
RESOLVED, that, the Town of Queensbury solicit sealed bids for the purchase
of the above mentioned material and that the following notice be published
once in the official Town Newspapers in the following form:
NOTICE TO BIDDERS
Notice is hereby given thattthe Town Board of the Town of Queensbury will
receive sealed proposalsc;on materials for the- Water Dept. to be used in
the installation of service lines during 1976.
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 11th day of May 1976 at the
Town Clerk's Office in the Town of Queensbury Offee Building, Bay and
Haviland Roads, Glens Falls, New York,. 12801.
Bids must be submitted in sealed OPAQUE envelopes marked 'Water Department
Materials" 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 will meet at the Town Office Building at 7 : 30 P.M. on the
llth day of May, 1976 at which time the bids will be opened and read aloud.
The Town Board reserves the right to reject any or all bids, i
Duly adopted by the following vote:
Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt .
Noes: None
Absent: None y
RESOLUTION TO AMEND APPROPRIATIONS WITH THE GENERAL FUND
$ESOLUT�,, 1Q,3, Introduced by Mr. Michel Brandt who moved its adoption,
secnn a by Mr. Hammond Robertson:
WHEREAS, a deficit exists within the Registrar of Vital Statistics
z4 "y
Statistics contractual account, therefore be it
RESOLVED, to transfer $22. 62 from A4020.1 to A4020.4
Duly adopted .by the following vote:
Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt
Noes : None
Absent:- ,. None
RESOLUTION TO TRANSFER REVENUE SHARING FUNDS TO THE POLICE-HIGHWAY
BUILDING. CONSTRJCTItSN ACCOUNT
RESOLUTION NO. 104 Introduced by Mr. Harold Robillard who moved its
adoption, secon a ..,by- Mr.. ,Hammond Robertson.
WHEREAS, a Revenue. Sharing pAyment, of:.$20,,,117.00 has beets'' received
and such fun s, are 'allocated in the 'planned Use Report for the Police-
Highway—Building Construction Account, ,therefore be it
RESOLVED, that $20,117.00 be transferred from the Revenue Sharing
Account to the Police-Highway Building, Account.
Duly adopted by the following,' vote:
Ayes : Mr. Olson, Mr.. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt
0 Noes : None
Absent: None
RESOLUTION -TD SET PUBLIC HEARING ON DELET¢ING' SECTION 28.1 OF THE
ORDINANCE ADOPTING A FIRE PREVENTION CDDE, ESTABLISHING THE POSITION
OF FIRE MARSHAL AND DEFINING HIS POWERS -AND DUTIES
RESOLUTION NO. , Introduced by Mr. Michel Brandt whd moved its
adoption, seconded by Mr. Hammond Robertson:
`— The above resolution will be forth coming from Town Counsel and will
be found an pageii _.
Councilman Robillard- noted his concern over the par king''an Quaker Road
between Lafayette 'and Bay Road and submitted the following letter:
Chief of Police► "
To. Counclman. `Robillard:
Dear Harold
•In reference to',our recent<conversation about .parking on
Quaker Road. I talked with Fred Austino and he agrees that this is
a dangerous situation and he assured me :that if the Town passed a
resolution he would put up the signs.
I therefore suggest that we restrict parking on both sides
of Quaker Rd. from Lafayette St. to Bay Rd.
Yours
Gil Schlierer
i
RESOLUTION TO SET PUBLIC HEARING ON PROPOSED PARKING ORDINANCE
RESOLUTION NO, 106, Introduced by Mr. Harold Robillard who moved for its
adoption, seconded by Mr. Robert Barber:
WHEREAS, the 'fown' Board of the Town of Oueensbury received a communication
from Gilbert At Schlierer, Chief of Police, expressing his and Fred Austin's
Warren County D.P.W. Superintendent concern over the hazardous condition
created by the parking of Motor Vehicles on both sides of Quaker Road from
Lafayette Street to Bay Road, and
k WHEREAS, .it is 'provided by Section '130 Subdivision 7 of the Town Law that
the Town Board may make ordinances, rules and regulations regulating use
-244
of streets and highways, including the restricting of parking of all
vehicles thereon and
WHEREAS, Section 130 of the Town Law requires a public hearing upon
all proposed ordinances upon due notice as provided for therein,
NOW THEREFORE BE IT
RESOLVED, that a public hearing on the following proposed parking
ordinance be held on the 11th day of May, 1976 and that the Town
Clerk give notice of such hearing by publication of a notice thereof
in the official town newspapers, once at least ten (10) 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 describing said
proposed ordinance.
ORDINANCE TO ESTABLISH A NO-PARKING ZONE
OW TU NORTHERN AND SOUTHERN ,SIDE OF QUAKER
ROAD BETWEEN LAFAYETTE STREET AND,
BE IT ENACTED AND ORDAINED BY THE TOWN BOARD OF; THE TOWN OF (JEENSBURY,
WARREN COUNTY, NEW YORK AS FOLLOWS
Section No. 1 For the purpose of this ordinance the word "vehicle".
"park" and "standing" shall have the meaning defined in the Vehicle and
Traffic Law of the State of New York.
Section No. 2. No vehicle shall be parked 'or left standing on the
northern or sougherx side of Quaker Road in the Town of Queensbury
Warren County, New York, between Lafayette Street and Bay Road ` Town of
Queensbury.
Section No. 3 All ordinances or parts thereof of the Town of
Queensbury inconsistent with the provisions of this ordinance are
hereby repealed; provided, however, that such repeal shall be only
to the extent of such inconsistency and in all other respects this
ordinance shall be in addition to the other ordinances regulating
and governing the subject matter covered by this ordinance.
Section No 4. Any person violating any provisions of Section 2
of this ordinance shall upon conviction be punishable for a first
offense by a fine not to exceed TEN DOLLARS ($10..00) and for a second
offense by a fine not less than TEN DOLLARS ($10:00) nor more than
TWENTY FIVE DOLLARS ($25.00) or by imprisonment for not less than
TWO (2) nor more than TEN (10) days. The third or any subsequent offense
within one (1) year shall be punishable by a fine not to exceed ONE HUNDRED
DOLLARS ($100.00) or by imprisonment not to exceed THIRTY (30) days or by
both such fine and imprisonment. In addition to the aforesaid penalties, the
Town Board of the Town of Queensbury may institute any proper°action, suit
or proceeding to prevent, restrain, correct or abate any violation of this
ordinance.
Section No. 5. This ordinance shall take-effect immediately.
Duly adopted by the following vote:
Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt
Noes : None
Absent: None
COMMUNICATIONS
SUPERVISOR
PROCLAMATION
WHEREAS, The Grange works. for the benefit not only of the people engaged
in agriculture, one of our largest and most important industries, but also
serves to encourage education and to promote community betterment.
AND WHEREAS, the Grange is a great farm fraternity but its membership
includes people from every walk of life. Grange policies and programs
have helped to bring about substantial progressive changes in our way
of life. It has merited wide appreciation for its support of sound
legislation.
f
24-6
NOW THEREFORE, I Michel R. Brandt, Supervisor of the Town of Queensbury,
do hereby proclaim the creek of April 4-12, 1976 as
GRANGE WEEK
in the Town of Queensbury, County of Warren, State -of New York.
Given under my hand and privy
Seal of the office of Supervisor
of Queensbury on this Fourth
Day of April in the year of Our
Lord, one thousand nine hundred
and seventy-six
/s/
Michel rant
Supervisor
April 1, 1976
WHEREAS, our Casmnunity has a `continuing sense of gratitude to those
disabled Veterans who did so much to keep our way of life intact; and
WHEREAS,. the DAV has worked exclusively for 'the welfare of our
u'J disabled veterans; and
WHEREAS, the Marcelle & Noonan #158 of the Disabled American Veterans
x has been established to carry on this work in our community; and
WHEREAS, the DAV offers a free service to disabled veterans and
their families` in filling in and filing claims for government
benefits and also assists—in ,job, hospital, and other disabled
veterans problems; and
WHEREAS, the DAV meets emergency situations which may arise in the
family of a disabled Veteran; and
WHEREAS`, the Disabled American Veterans has chosen April 5-April 16
for its annual Forget-Me-Not camgaign in this community, and
announced that all funds contributed will be utilized -for disabled
veterans in this community;
NOW THEREFORE, I, Michel R. Brandt, Supervisor Town of Queensbury, do
hereby proclaim April 11, 1976 - April 16, 1976, as Disabled American
Veterans Forget-Me-Not week: and urge the support of all citizens,
interested groups and organizations for that day.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
great seal of the Town to be affixed.
SEAL Michel Wcaftandt
Supervisor
Ltr.
Dog Warden
March 24, 1976
Supervisor and
Members, of the. Town Board
;4 T.
Town of Queensbury
Dear Sirs :
I would like the members of the Town Board to advertise for bids
for a new Van to be used in carrying out my dutiesas Dog Warden.
The condition of the present van is very bad and the repair bills
during the past year have been very costly.
I would appreciate the Town Board' s help in this matter.
Respectfully,
/s/
James Davison
Dog Warden
249 E
Councilman Olson- requested that the Dog Warden have the specifications
ready for the next board meeting for the new van. . .
Ltr.
Counsel
April 13, 1976
Queensbury Town Board
Bay at Haviland Road
Glens Falls, New York 12801
RE: Town Attorney
Gentlemen:
In accord with my private conversations with you in the
past, I hereby tender my resignation as Town Counsel for the Town
of Queensbury.
Over the past year I- have found it increasingly difficult
to meet the demands of my private practice and provide the Town
position with the time it deserves. Circumstances have made it such
that I now find it impossible to continue in my appointed position.
I appreciate the opportunity to have served as Town Counsel
and wish the Board the best in it' s future endeavors.
Very truly yours,
/s/
J. DAVID LITTLE
JDL/prc Town Counsel
Councilman Robertson-It is with much regret om.vfiy part and I think I
speak for my fellow Board Members that Mr. Little has had to .take this
action . As he says he did not just come up and present his resignation
to us tonight because he knows how important it is to have continuity
of legal service available to the town. I want to thank Dave for all the
service he has given us and all of the advige and so forthlthat he has
but I also like to present the following resolution to appoint Joseph
Brennan as the Counsel to the Town. . .
RESOLUTION NAMING COUNSEL TO TOWN BOARD
RESOLUTION N0. 107 Introduced by Mr. Hammond Robertson who moved its
adoption, seconded- by Mr. Robert Barber:
WHEREAS, Town Counsel J. David Little, Blind Rock Road, Town of Queensbury
has resigned as Town Counsel, and
WHEREAS, the Board deems itself in need of legal counsel in the conduct of its
affairs,, and
WHEREAS, the office of Town Attorney has not been established or provision
for a salary therefor included in the 1976 budget; therefore be it
RESOLVED, that Josdph`Bremnan ESQ. an attorney, be employed by this Town
Board to render such legal services as may be required and that payment for
such service be by Town voucher audited by the Town Board.
Duly adopted by the following vote:
Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt
Noes : None
Absent: None
Councilman. Olson- ThankrjDave 'for his excellant work in the last three years
as Town Attorney that he has given to this Town.
Supervisor Brandt-as to the relationship with Mr. Brennan will this be on
the same terms . . .
Councilman Robertson-It is on the same terms as Mr. Little has bean on. . .
an hourly basis.
4T';
Supervisor Brandt-I would like to see us get to a position sometime where
we can define that to a yearly charge, I would like to see us work in that
direction.
Councilman Robertson-We know what you are saying' howeve'r the demands °we.°place
on any attorney ` ar'e such and the demands on his- time are such that I do not
think -that any person, any attorney or any group of us, can sit down and fairly
estimate the value of time or the number of hours that are going to be put
in. An attorney is like any other personnel person, time is knowledge, time
is the only thing he has to dispense. '"'
Supervisor Brandt- That is the only thing any of us have.
I LCouncilman Robillard- . . . I think in the case of the Town Attorney it is the
only fair way that we can actually ask anyone to serve in this Town in that
capacity. I feel that the bills that have been submitted by David Little
have been more than fair. He saw us throughra,trying time with our 're-
assessments which required many, many hours, and with the development of our
new master plan, I- think it is only fair that it is done on a fee basis.
I think it 'is to the benefit to the Town really.
Supervisor Brandt- Again, I think there can be a neggti$tUm-Vhece' many
attornies are willing to define-the -fee for the year it is a lot easier
to budget, it is an openirelationship where we have direct aaeess and I think
UZ we should try to negotiate for that however, I do not oppose Mr. Brennan
r"4 in any way. . .
C1t
x Councilman Robertson-Mike, I gave you yesterday some figures before I start
on them, I would like to say, that I have attempted to keep at least this
particular discussion within the Town Board. I feel basically this forum
in a meeting like tonight is a place to do all, and this Board should discuss
these issues. I know it is very, very easy to get into the habit of giving
something to the news media, it is a very effective way> of getting our story
acressw however the opposi oint of view itiaybe does not necessarily get
represented .vSo, I have in he past have been suppottad by my fellow councilmen
although quite frankly they do not agree with me, I have taken considerable
heat from them, they felt that I should go to the newspapers and make statement
I have not chosen to do that, whether, I can maintain that position in the
future or not I do not know. In presenting these figures and for the sake
of clarity I used the identical format used by the Supervisor and have
attached tupieerof his numbers really to the back of them. Therefore if the
final result is positive when his was negative then there is a surplus as
defined by the Supervisor. Not only have I used his fo=at but I have
used and agree with all of his basic data except all of. the amount of interest
due and payable on April 1st. 1976. The figure was stated in his second,
and I emphasis his second, set of figures,was $286,233.40 interest where this
figure we believe should read $143,116.72.. I developed the later figure
using the Bonded Indebtness which was taken from figures prepared Syr-thee
perspective for the sale of our bonds`. While it is correct to know which is
correct a deficit or a surplus for the year 1976 there is a more important
issue to me, it is more important to note that the Supervisor's Office has
issued two sets of figures showing different results each time. In my opinion
both sets *Show the gross inaccuracy,which, mentioned above the Supervisor is
the Chief Fiscal Officer of this Town andA a can't believe figures wht:h -.are
issued from his office, we are in serious trouble. I believe the people of the
Town of Queensbury have a right to correct and accurate figures which
accurately represent the financial picture of the Town. It is not important
whether 'I am `right or I am wrong, but we do have to insist on accurate
figures. That is my basic point in carrying this thing to this point.
Supervisor Brandt- l do not really understand what you are saying. I tried
_ several titles, to bring figures forth, the best information I had at the
time, as figures' develop . I tried to update them, I do not know if that is
what you are etitizing, or if you are critizing a gross Inacouvacy In
L___� my figures, I wish you would make it .
Councilman Robertson- This whole thing started on the lat. of March 1976
this interest was due on the lat. of April, 1976 and if your office ` did not
know how 'much interest was due in that period of time; I feel that we have
a real problem in your office, and it is as simple as that, $286,000 against
$143, 000 and we agree on all the rest of the numbers that is what I am saying.
That is the point I am trying to make
Councilman Barber-Councilman do we have a `deficit or a,°surplus?
Councilman Robertson- It shows by Mr. Brandt's figures, it shows, he shows
a deficit T show'a surplus. Now, we can argue all .night whether there is
I
z48,
a deficit or surplus in the total department. We are talking bond account
we have to look at operating revenues which haven't been brought into this
and I do not want to bring them into this. I am purely and simply talking
the accuracy of the figures that we can make decisions. If we have a deficit
if we have any problems in this Town Board if we have accurate figures
this Town Board is quite capable of addressing the problems what ever they
are and we will let the responsibility for them fall where they will. If there
is not accurate information we are lost. Absolutely lost.
Supervisor Brandt- Any other comments. All I can say, hell , it's a matter of
record.
Councilman Robertson- I agree.
Supervisor Brandt-We paid the amount, $286,233.48.
Councilman Robertson- In interest?
Supervisor Brandt- In interest, it was issued on the 1st. of this month as
per the budget you people prepared and as per the paying agent requested
as per the financial advisor, advised us.
Councilman Robertson- Mike, the bonds as were listed the debts that were listed ;
in the perspectus by Peat, Marwick and Mitchell ,just don't call for that. You
do not pay for a whole years interest in half a year.
Supervisor Brandt- I do not what your reason or where you are getting your
information, but it is not correct. The note was due, it was a one year
note, the total interest was due on April 1st. it was paid.
Councilman Robertson- Then we do not have another $286,000.00 dollar
on that same amount in November, you can' t pay that amount in a year.
Supervisor Brandt- You absolutely have an interest fee due on the bond
of $238,000.00 which is due and will be met and has to be met on October
10th.
Councilman Robertson- Are you telling me that we did not pay any interest
on that note in October of 1976 or 1975.
Supervisor Brandt- That is correct.
Councilman Robertson-It was not paid?
Supervisor 'Brandt- That's right, the note was .on a yearly basis, it was due
on a one year bataejthe note is here on record this is what I pointed out in
my campaign as a matter of fact.. During the time this budget was made after
the hUction I pointed out that we were not providing interest for a great
increase in interest rates that we could anticipate and as a matter of fact
my information is still very clears a hundred thousand dollars was not provided
for in this years budget and I still maintain my position, I think you are in
total error. That is all I can say. That is record, as a matter of fact,
I have a copy of the payment that was made as a transfer of monies to cover
that interest payment, which was made on April 1st.
Councilman Robertson- Its a matter of record.
Supervisor Brandt- It is a matter of record, and I also feel,by Jesus,this
Town government belongs to all of us , the Bookkeeper belongs to all of us,
the books are available to all of us, for God sakes come in and talk to
us, any time, I told you that before, the door is operake part, we love
to have you,we love to share what information we have, and I detest seeing
us sit here like a bunch of idiots in a Public Forum at each others
throat trying to make an ass of each other when in good faith -we have got
to run a government. I in good faith have tried to bring out figures
that truly reflect the finances of this town as best I have the information,
at the time. Not all of these figures are absolute, I said it and specified
it at the time, some of them could only be estimated I did my very best to
estimate them with the information that I had, and that is where I sit.
Any other discussion?
Councilman Robertson- All I can say, .Mike, is in terms of communications and
in terms of running the government, i, could not agree with you more.
I would like to keep it here at' the Town Board, that is what I started out to
say.
Supervisor Brandt-Well, I did too, you know the last meeting when this
„4
flared, I brought all this up and -i got pooh-poohed and everybody telling me
my God, there is a surplus when I am trying to show a deficit, ,in effect you
are trying to tell me I do not know what the hell I am saying. Now, by
Jesus , do I or don`t I. .now, it is a matter of record;Pl felt it was grossly
mis-leading to the public to have those statements made in a board meeting,
I thought they were totally irresponsible, I thought it was my duty to make
that public and I did it. I am not a bit ashamed of it, and I will do it
again, any time that I see inaccuracies coveyed during a board meeting.
Councilman Robertson- You -should.
Supervisor Brandt- I feel, that there has to be an attitude of cooperation
'mutual respect, within this Town Government and I think that we are going
Lto have to learn to work together and try and solve some of tkese problems,
as grown men.
Communications:
Supervisor Brandt:
-noted several letters from Contractors saying if you are going to restrict
the Building & Zoning to leaving their cars at the Town Office Building you
are going to hariii the relationship the Building Inspectors have had with
the Contractors, where utry often late in the evening.,after normal working
hours, or very early in the morning before normal working hours they have
Ul� gone out to make inspections. I think it has to be clearly understood that
r,4 I have told the Building and Zoning Department that they can take those cars
C'I home any time they know of such a request, but they. Dam;46ell better document
x it. If there is official business, any time there is official business
for this Town, use the car, and if they need to taRe the .car home to conduct
that business, by alL neaps do it, but document it. Because I do not want
cars to be used for persong� use, and I think it is the least the tax payers
can ask for is a documentation of the use of these yehicles,so that we can
easily see that they are being used for official business, just so there-' is
no mis-understanding on .it.
Councilmen Olson-WouldRaccept the documentation of the monthly report Mike, or
a daily report U'1kd 1fisp for makes
Supervisor Brandt-All he has to do is keep-a log saying when he went home
and what he tookhis car and I do not care what - ' #*Rmat or how it is.
as long as there is a way for us to go and check,or myself to go and check
periodically to see that there was official business being conducted.
Councilman Barber- called for a 5 min, recess. .
Supervisor Brandt- Recess. . .
Supervisor Thomas Murphy-noted his concern over there being no light at
Bay and Farm to Market Road. . .requested that the Town Board place themselves
on record noting the hazard that exists there. ,noted that he will presently
go before the County Board and request that the D.O.T. place a light at
Bay and Farm to Market Roads. . . . 0
Councilman -Barber-noted that 2 years ago the Town Board accepted a petition
from residents of that area to place a light at Bay and Farm to Market , the
Board recommended .to DOT. to place a light at that intersection, they made
a study and denied the application. Due to the increase in traffic I submit
the following resolution. . .
RESOLUTION REQUESTING DEPARTMENT OF TRANSPORTATION TO PLACE A TRAFFIC
CONTROL SIGNAL-AT BAY AND FARM TO MARKET ROADS INTERSECTION
RESO UTION NO. 108 Introduced by,Mr. Robert Barber who moved for
its adoption, seconded?by Mr. Michel Brandt:
WHEREAS, because of a poor traffic condition.- County Supervisor Thomas
Murphy has approached the Town Board to place a request to the Department
of Transportation for a Traffic Control Signal at the intersection of
Bay Road and Farm to Market Road and
WHEREAS, the Town Board continues to see a hazard. in this area because of
the increase traffic flog/ and has made a similiar request to the Department
of Transpfotation` on other occasions, Now, Therefore be it
RESOLVED, that the Supervisor, by authorisation of the Town Board,write a
letter to the Department of Transportation asking that department to
place a traffic control signal at the intersection of Bay Road and Farm to
Market Road. .
250 i
Duly adopted by the following vote: I
Ayes: Mr. Olson, Mr. Barber, Mry° Robillard, Mr. Robertson, Mr. Brandt
Noes : None
Absent: None
REPORTS :
Supervisor's Monthly report for- January, February, and March on file. . .
Building & Zoning Report for March, 1976 on file. . .
Highway Report- for period ending March 31, 1976. . .on file. . .
Highway Dept. report for January and February 1976 on file'. . .
Town Clerk"s -report for March, 1976 on file. . .
Fire Marshal' s report for March 1976 on file. . .
Report on Transportation Services-Louis Fisher for Senior Citizens. . .
OPEN FORUM
Robert McDonough-5, Sargent Street-Petition submitted- We, the undersigned
residents of Sargent Street in the Town of Queensbury petition the Town of
Queensbury Board to keep the promise made to us in 1975 to put in a storm
sewer system as was installed on Wilson Street last summer and to resurface
the street. (on file)
Councilman Barber-Sargent Street was to be done last year but due to the
inadeganies of the Highway Dept. it was not done. . .we will address ourselves
to it this spring.
Supervisor Brandt- we will have to look at the budget and the work that
will have to be done. . .
Councilman Olsnn- noted that Mr. Garb has been ill. . .noted that this is
a major problem. . .
Unknown- noted that pot holes in Sargent Street: . . street 'should be resurfaced. . ,
Robert McDouough- noted problem with swamp at end of Sargent Street. . .
creates a health hazard. . .
Supervisor Brandt- noted that a storm sewer dist. might have to be looked
into. . .
Mrs. Jack LaBombard-Dixon Road-being 'taxed for drainage . . . have water. . .
Councilman Barber- this is under study. . .
Supervisor Brandt- we will have to look at the .worst problems and tangle;..
with the worst problems
Councilman Robertson— that is a drainage district and the amount she is
paying pays: - for the bond issue. . . for work that was done 20 some years ago. . .
through proper budgeting improvements can be made in a district. . .
Unknown- What happened to the funds for Sargent Street. . .
Councilman Barber- I assume that they were put back in the General fund. . .
Mrs. Gates-presented petition and photos of the Queensbury Drainage District
#1 on file to investigate and remedy the cause of high ground water in
the vicinity of Dixon Road and Bullard Ave. . . .noted that there might be
possible sewage in the drainage tile. . .
Supervisor Brandt- samples have been taken from the discharge from the
storm sewers to check f+s ysewage. . . if there is sewage found this will be
checked out
Jim Dempsey- Commended the Queensbury Water Dept. on their help in regard
to a break in a water line in our driveway. . .questioned when his road would
be paved. . .Meadow Drive. . .
Councilman Barber- believed it was on the schedule. . . 1976
Supervisor Brandt- The paving schedule will be gone over to determine which
will be done first. . .Carl is ill and Floyd is doing both jobs. . .
251
I
Mr. Bill Burns-2 Cedarwood Dr. President of the Twicwood Association. . .
wished the Board to be aware of its existan.ce „purpoaes_to improve
the welfare of the community. . . .noted. that some in had not
gotten any satisfaction from some departments so that the association
was formed to bring this out. .
Supervisor Brandt is this' 'a formal, organization with a charter. . .what
percentage does it represent in the area. . .
Mr. Burns -it +does not have a charter JK this point in time. . .approximately
75 to 80%
Mr. Roger Howard- 1 Cedarwood Dr. - noted the sand and gravel 'in the road
at the school bus stop., .,.cars are unable to stop at the intersection and
have knocked down the mail box twice. . .have called the Highway, and Police
�- Depts. on this problem no calls' returned and no action over a three week
period. . . noted Highway crews cleaning up stones in field on Brayton Road
Councilman Barber-Its common knowledge that I am the chief offender that
resides on Montray Road that a 'petition was circulated in the Twicwood Area,
as a result of a private agreement that I have entered into with the Associatio
to resolve that problem, I must say that ,I have an appreciation of your
problems at that intersection. . .hopefully the highway committee will address
it—self to that problem. . .
Councilman Olson- using the sweeper on two shifts and an old sweeper to. . .
Councilman BARber- requested that .Mr. Martindale sweep the area. . .
Mr. Mattindale- we will try. . .
Mr. Jones-20 Twicwood Lane- questioned the drainage problem on Montray
Road. . .
Supervisor Brandt-noted that in talk-trig with the County the problem
was formed by the State in doing Route 9, noted that informal discussion
have taken place with the State of New York, the Dept_ of Transportation
so far I have hit a stone wall. . .just last week I put out a letter to the
Governor, to our Senator, to our Assemblyman, to the head of the Dept. of
Transportation, to the local engineer and I am trying to get their
attention. ..
Mr. Jones- Is this just a Route 9 problem?
Councilman Barber- not totally. . .we have two problems in that area, it is
a State problim drainage across the low land from the east side to the west
side, the drainage down from :the Twicwood level to Route 9 is a Town Problem
which the Town has not in-my, opinion addressed itself properly in the past,
we have to get Mr. Lennon here to achieve an agreement between the State
and ourselves to mutually solve the problem. . .
Ms. M. .Stewart- No. Queensbury, noted the bad condition of Assembly Point
Road and could the Town place guard rails on the Assembly Point Road
on the Harris Bay tide noting the narrow dangerous road. . .
Could the ,speed limit be dropped from 30 to 20 or 10 in the summer time?
Supervisor Brandt- It is state Law that 30 is the minimum I believe. . .
Mr. Thomas McDonough 28 Twicwood Lane. . .The reason Toamr�1 here tonight,
is a situation-with Sperry Trucks,, in wlich one pfi-your board members
is a princ pAL; . . .:.ob c4e dot fix in which certain property zoned
C-3 was being used by Sperry -trucks. . .noted 'that he felt *that Sperry trucks
was going to die-use the premises. . .wished that 'minutes reflect that the
; letter (on file) 'from Sperry Trucks is present. . .issue- is whether the
�Iproperty involved can continue to be used in the fashion that it has been. . .
noted that he objected to the fashion the property is being used. . .in the
recent past. . .
Councilman Barber- The firm Sperry trucks leases the property from
Lima Walzack. . .
Mr. Aanford Rosenblum- Attorney from Albany for Mrs. Walzack. . .noted that
Mrs. Walzack has lived on Montray since 1960 or 61. . .at- that time a commercial
use of, that .prpp:erty began. . .noted Mr. Walzack developed some of the roads.
in Twicwood. . '.tfi.e residents who moved in knew of the earthmoving equipment
on Montray Road. . .This property is the legacy to Lima and her son the only
legacy they have. . . it is her liveli—hood as of today. . .noted that a resistanc(
I
5
would be met if Mrs. Walzack' s livelyhood was put in jeaf tb
some compromise should be met. . .
Councilman Barb er-Thanked the residents for voicing themselves to
highway problems- . . . .noting the Town needs a D.P.W. should have the
Highway Dept. , Water Dept, Drainage and Engineering s: consolidated into
one. . . so the residents can have better service. . .
Unknown-do you have a detailed study on this practice of D.P.W. . . .
Councilman Robertson- we are looking for more efficient use of the dollars
that we have.. .
Councilman Barber- we have to look to proper planting, organizational
concepts and less duplication of machinery. . .
Councilaan Olson- noted receiving phone calls, petitions and letters from
Glens Falls School children, and teachers regarding Co-L Ss Woods where do
we stand on the joint venture with the City?
Supervisor Brandt-met with City and other plannerslto look at that proposal,
I am for the concept,howeverttI was totally against purchasing lands that
were not necessary or unusuAle and I felt that there had to be a close
evaluation of the lands themselves. . . .before we move ahead. . .proposed a
joint venture in receeation with the City . . .there is also the possibility
of purchasing land from that7-ttActiofh1i dtaver to the City `Farm which would
then tie into a proposed trail system that- goes up onto West Mountain all
city owned -lands. . .with proper planning we could take advantage of trails
that would tie into Niagara Mohawk property for bike trails and motorized
vehicles both summer and winter. . .
Councilman Barber-What is the cost?
Supervisor Brandt- I do not know yet. I have gone to the land owners
involved and asked what the bottom dollar is that they would take for
their land. . .it is important we make a committeent to this.,.there are
some federal monies available for this , the city has gone ahead with an
application for these monies. . .on their own.°.howeve#it is understood
that -they can not go through with it without cooperation and funding
from the Town. . .There is a fund in the town for purchase of land with
approximately #38,000. 00 in it. . .there is also talk in the County level
to take part. . .50% funded by the Federal and 50% Sett be bn rhd
City and Town and County
.. we are pursuing that. . .
Councilman Robillard- The 1976 Budget provided for two new patrolman, at this
time, I would like to present the names of Stephen W. Bott, R.D.#1 Valley Falls , `
N.Y. and Larry J. Cleveland of 28 Smith Street, Warrensburg, New York to
-begin May 1st. 1976. . .
RESOLUTION APPOINTING PATROLMEN
SOLUTION NO. 109 Introduced by Mr. Harold Robillard who moved its -adoption,
seconded by r. Robert Barber:
WHEREAS, there are openings for Patrolmen in the Police Department and
WHEREAS, Gilbert Schlierer, Police Chief has made known to this Board
that 'Steven W. Bott of RD#1 Valley Falls , N.Y. and Larry J. Cleveland
of 28, Smith Street Warrensburg, New York are both qualified to fill such
positions, therefore be it
RESOLVED, that this Board does hereby appoint Stephen W. Bott of RD#1
Valley Falls, N.Y. and Larry J. Cleveland of 28 Smith Street, Warrensburg,
New York effective May lst. 1976, and be it further
RESOLVED, thathe salaries of each shall �be set at $8,740.00 per year.
'Duly adopted by the following vote:
Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson; Mr. Brandt
Noes : None
Absent: None
Councilman Barber-Supervisor Brandt since the demise of the Town Engineer
what are your plans to reinstitute 110 t t the office with personnel
i
i
to answer the many problems of the Town?
rvisor Brandt- I am not sure they are engineering problems I first
wkint to make sure that they are. . . if they are we will have to re*ddress
ourselves to what we want to do as far as the position of the Engineer.
As, I guess that it is fairly well known, we let the Engineer go, it was
my decision, I 'felt that it was not' a good productive relationship the
way it was definec)hnd I. felt that we we're not accomplishing what we should. . .
there are no big engineering projectsgoing on,I think we can go without
an engineer for a while, however if that does not turn out then we have to
start interviewing. .. .
Councilman Barber- noted that because of the various problems facing the
Town in drainage, landfill etc. an engineer should be sought. . .
Councilman Robertson- I feel the DPW is the highest priority. . .
Councilman Barber- I will yield if we can go to mandAtory refto0uM and
sell the pp blic and sell the need of a DPW. . .Supv. Brandt-That may even call fo
an executive session-Councilman Barber-Mr. Brandt has a new stand on exec.sess
Supervisor Brandt- Where it serves the purpose to better resolve these
things in execffive sessions I will attempt to call an executive session. . .
personnel matters, basic orgahization,16f what we are going to do in structuring
parts of government that relate to personnel. . .
u-� RESOLUtM TO APPROVE AUDIT OF BILLS
CV RESOLUTION NO. 110 Intor'duced by Mr. Harold Rob llard who moved its adoption,
seconded q Mr. michal Brandt:
RESOLVED, that Audit of Bills as listed in Abstract No. 76-4 numbered 340
through 589 be accepted with the exception of numbers 457 and 461, Audit
totaling $124,646.26, and be it further
RESOLVED, that Audit Numbers 464 and 430 Mr. Michel Brandt abstains on
and be it further
RESOLVED, that Audit Number 511 Hammond Robertson' abstains on and be it further
RESOLVED, that Audit Number 465 Daniel Olson abstains on.
L Duly adopted bq the folloftng 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
RESOLUTION SCHEDULING PUBLIC HEARING TO CONSIDER REPEAL OF SECTION 28.1
OF QUEENSBURY FIRE CODE WHICH PERTAINS TO BONFIRES AND OUTDOOR RUBBISH
FIRES
RESOLUTT"ON 'NO;°105 Introduced by Mr. oMichel Brandt who moved its adoption
seconded by Mr. H";Q Robertson:
WHEREAS, Section "28'.1 of the Fire -Code, adopted by the Town Board of the
Town of Queensbury has been superseded by the -unactment of New York State
Environmental Conservation Law Sections 9-1105 and 9-1107 and
WHEREAS, the New York State Department of Environmental Conservation is
authorized by law to enforce the aforesaid provisions of law pertaining
to outdoor burning and to control the issuance of permits pertaining thereto,
NOW, THEREFORE BE IT
RESOLVED, that it appears that Section 28.1 of the Town of Queensbury
Fire Code is duplicative and unnecessary in view of the regulations and
control of the same conduct by the State of New York and that Section 28.1
should therefore be repealed from the Qu6ensbury Fire Code as being un-
necessary, be it
254
RESOLVED, that a public hearing be scheduled as provided by and in
accordance with law to consider whether Section 28.1 of the Fire Code
should be repealed and be it 'further
RESOLVED, that the Clerk of the Town of Queensbury be and hereby is
directed to post, publish and cause to be made all legal notices necessary
for the holding of said public hearing before the Town Board of the Town of
Queensbury on the 11th day of May, 1976 at 7:30 P.M. at the Town Hall.
Duly adopted by the following vote:
Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt
Noes: None
Absent: None
Special Meeting April 22, 1976
Members Present:
I
Daniel Olson Deputy Supervisor j
Robert Barber Councilman
Hammond Robertson Councilman
Joseph Brennan Town Counsel
T he meeting was called to order by Deputy Supervisor Olson.
Meeting was started at 4: 00 P.M.
i
A RESOLUTION AUTHORIZING THE ISSUANCE OF A $33,700.00 CAPITAL NOTE
OF THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK, TO RENEW IN I
PART A $70,000.00 CAPITAL NOTE OF SAID TOWN TO PAY PART OF THE COST
OF THE CONSTRUCTION OF A BUILDING FOR USE BY THE nUEENSBURY TMTN
HIGHWAY AND POLICE DEPARTMENTS OF SAID TOWN.
RrqOTJJTION NO- 11L introduced by Mr.Olson who moved its adoption
seconded by Mr. Barber.
R_
WHEREAS, the Town Board of the Town of Queensbury on February 26, 1975,
adopted a capital note resolution in the amount of $70,000.00; and
WHEREAS, such a capital note was sold by the Supervisor of the Town of
Queensbury to the First National Bank of Glens Falls, New York; and
WHEREAS, said capital note was renewed .on February 26, 1976 pursuant to
the adoption of a resolution by the Town Board on February 26, 1976; and
WHEREAS, said capital note is due as of April 23, 1976; NOW THEREFORE BE IT
RESOLVED, that the Supervisor of the Town of Queensbury or the Deputy
Supervisor and acting Supervisor of the Town of Queensbury in the absence of
the Supervisor be and he hereby is authorized to
(a) pay toward said capital note the sum of $16,300.00 plus interest `
toward said capital note, and
+ f
(b) to partially renew said capital note with a balance of $33, 700.00
with the First National Bank of Glens Falls, Glens Falls, New York
for a period running from April 23 , 1976 to July 22, 1976 with in
serest not to exceed the rate of six and one .half percent (6-170)
per annum. (A copy of the renewal capital note is attached hore
to.)
UNITED STATE OF AMERICA" E
i
STATEI`OF NEW YORK
COUNTY OF WARREN `
TOWN OF QUEENSBURY
CAPITAL NOTE, 1976
No. $33,700. 00