1972-12-28 182
Regular Meeting December 28 , 1972
Members Present:
Gerald B. Solomon Supervisor
Lloyd Demboski Councilman
Robert Barber Councilman
Harold Robillard Councilman
Gordon Streeter Councilman
Harold Katz Town Counsel
Supervisor Gerald B. Solomon opened the meeting at 8:00 P.M. with a salute
to the flag.
Supervisor Gerald B. Solomon greeted the following visitors:
Mrs. Edward Barrett, League of Women Voters John Lemery
William Smith Richard Lipps
Thomas Flaherty Carolyn Lipps
Case Prime Residents of Bayberry Ct.
Bob Stewart J. Arthur Norton
First on the agenda bid open for the Building & Zoning Car-proof of
publication was shown by the clerk.
Bids Opened:
Whiteman Chevrolet, Inc.
Glens Falls , New York
$ 3,760.90
Less Trade In. . . . . . . . . . . 858.90
Net. . . . . . . . . . . . . . . . . . . . . $ 2,910.00
Ford Garage Company, Inc.
Glens Falls , New York
$ 3,943.75
Less Trade In. . . . . . . . . . . 1,043. 75
Net. . . . . . . . . . . . . . . . . . . . . $ 2,9D0.00 -
Supervisor Gerald B. Solomon turned the bids over the the Assistant
Building Inspector, Harold Boynton for his consideration. The bids :. .i
will be tabled until a decision is made.
Next on the Agenda-the Mobile Home Application for William Smith,
proof was shown by the Clerk, no one appeared t.o speak for or against
this application. Public Hearing Closed.
RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME
RESOLUTION NO. 225 , introduced by Mr. Gordon Streeter who moved its
adoption, seconded by Mr. Lloyd Demboski.
WHEREAS, William Smith has made application in accordance with
paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury
entitled; ORDINANCE FOR THE REGULATION OF MOBILE HOMES and MOBILE
HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to
locate a mobile home at property situated Rhode Island Avenue, 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 =-y
ordinance, permission is hereby given to William Smith to locate a
mobile home at property situated at Rhode Island Avenue and that the
Building Inspector is hereby authorized and directed to issue such
permit in accordance withthe terms and conditions of said ordinance.
Duly adopted by the following vote:
Ayes: Lloyd Demboski, Robert Barber, Harold Robillard, Gordon Streeter
Gerald B. Solomon
Noes: None
Next on the Agenda-Public Hearing was opened for the rezoning of the
Bray premises.
R. Case _Prime representing Mr. Bray requested that the hearing be re-
scheduled to the January 11th meeting.
No one appeared to oppose the rezoning request at this hearing.
The Board tabled discussion on this hearing until the January 11th meeting.
Next on the Agenda-the Rezoning of the Aronson Property.
Mr. Solomon noted receiving a notice of Protest-
Harold Katz, Town Counsel explained the legal views on a protest noting
that four members of the Town Board are needed to pass such a rezoning.
R.Case Prime, representing the Aronson Property spoke- (6) -six photos
were entered to clarify the type of buildings that are proposed.
J. Arthur Norton spoke as a witness on behalf of the Aronson Property
giving the techinical views of the proposed architecture.
Mr. Solomon opened the meeting to the public on this matter only:
Mr. Robert Stewart, Clark, Bartlett and Caffry, represented the Bay-
berry Court Area- opposed to the Aronson Rezoning-Mr. Stewart submitted
an additional letter of protest for the Bayberry Court Residents.
Mr. Stewart questioned J. Arthur Norton bring out the following:
mostly two story apartments-there will be 200 apartments projected,
the density per acre would be 82 families the zoning allowes 15 families
per acre. 70-80% of the development will be (1) 15edrbgm apartments
approximately 140-160 apartments, Soil Condition study was done , Master
sewage system would be recommended for the area, 82.5 acres will be used
in the development.
Mr. Stewart reiterated his opposition thru the original petition, also
questioning the need for 160 (1) bedroom apartments in the area.
Mr. Stewart also stated his opposition to spot zoning, in this situation.
Charles Capler questioned the acreage versus number of apartments.
Mr. Solomon explained the first phase of the apartments-
Mr. Norton further explained that there would be (700) apartments in
822 acres.
Mr. Ron Anderson spoke-Being a local business man he could see no problem
for employees in the area finding apartments in the Town.
R. Case Prime-let it be noted that Mr. Norton and I were here at 6 :30
tonight to go over the plans with Mr. Hughes, Mr. Judge and Mr. Stewart
to give a clear view of the proposal-Mr. Prime felt that the cuoss examina-
tion of Mr. Norton was not needed- Mr. Prime noted that one bedroom"*'ill
be placed in the development as they are needed, this would be up to the
developer.
Mr. Solomon: requested that information given, not be repeated.
Mr. Stewart, would like evidence showing that the Town needs new apartments,
Mr. Streeter, do you have the recommendation of the Planning Board?
Mr. Solomon, the Queensbury Planning Board recommended disapproval-
commenting We see no need to change the zone, the present zone allows
the reasonable use of this property. The County Planning Board recommended
Approval, no comment.
Mr. Solomon, Called for recess-reopened meeting, The Town had made a study
of the soil conditions and the Board is not in favor of a housing development.
R-5 Zone seems to be the best use of the land.
RESOLUTION APPROVING THE REZONING OF THE ARONSON PROPERTY, R-4 TO R-5
RESOLUTION N0. 226, this resolution is not available at this time, but will
be forth coming from Attorney Harold Katz, and will be found on page If 7 .
Mr. Solomon-Mr. Prime your client is not here, we have rezoned this property,
further matters to be taken up with the Planning Board, the Town Board will
also meet with the Planning Board and discuss your project.
Mr. Stewart-may I respectfully request that this Town Board stay an issuance
of a building permit for a period of 30 days in order for me on behalf of
my client to file an Article 78 proceeding, to repeal the decision of this
Board for a Court proceeding.
Mr. Solomon-Does the Town Board have the power to stay a building permit?
Mr. Katz-stated that they are a long way from a building permit.
Mr. Solomon- Call for a Recess.
The Town Board decided to table bids for the Building & Zoning Car until
1-64
the new Town Board takes over after January 1, 1973.
Next on the Agenda the Mobile Home Application of Richard Lipps.
Attorney John Lemery represented Richard Lipps and explained the
application to the Board.
The Board explained to Richard Lipps that they would consider the
application, but it would be subject to a Variance of the Zoning
Board, the lot being non-conforming.
RESOLUTION TO AUTHORIZE PUBLIC HEARING
RESOLUTION NO. 227, introduced by Mr. Gerald B. Solomon, who moved
its adoption, snded by Mr. Gordon Streeter.
WHEREAS, Richard Lipps, has made application in accordance with para-
graph c) Section 4, of an ordinance of the Town of Queensbury entitled-
P h 2
ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN
THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home
outside at property situated at Ohio Avenue, and
WHEREAS, it is hereby determined that said application complies with the
requirements of said ordinance, and
WHEREAS, it is hereby determined that the facts presented in said applica-
tion are sufficient to justify further consideration by this board, there-
fore be it
RESOLVED, that pursuant to the provisions of the above mentinned ordin-
ance, the town board shall conduct a public hearing on said application
on January 25 , 1973 at 7:30 P.M. in the Queensbury Town Office Building,
Bay Road, and that the Town Clerk is hereby authorized and directed to
give proper notice of said public hearing in accordance with the pro-
visions of said ordinance.
Duly adopted by the following vote:
Ayes : Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon
Noes : None
The Town Board tabled Morgan Combs application for a Mobile Home,
because the application will be resubmitted.
The Town Board held a short discussion with Winston D. Tucker on his
Mobile Home Application.
RESOLUTION TO AUTHORIZE PUBLIC HEARING
RESOLUTION NO. 228, introduced by Mr.Gordon Streeter, who moved its
adoption, seconded by Mr. Lloyd Demboski.
WHEREAS, Winston D. Tucker, has made application in accordance with
f*ragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury
entitled ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME-
COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate
a mobile home outside at property situated at corner of Luzerne Road
and New Hampshire Avenue, and
WHEREAS, it is hereby determined that said application complies with -
the requirements of said ordinance, and
WHEREAS, it is hereby determined that the facts presented �in said
application are sufficient to justify further.-consideration by this
board , therefore be it
RESOLVED, that pursuant to the provisions of the above mentioned ordin-
ance, the town board shall conduct a public hearing on said application
on January 25 , 1973, at 7:30 P.M. in the Queensbury Town Office Building,
Bay Road, and that the Town Clerk is hereby authorized and directed to
give proper notice of said public hearing in accordance with the pro-
visions of said ordinance.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Streeter, Mr. Solomon
Noes : Mr. Barber, Mr. Robillard
The Mobile Home Application of Kenneth W. Wilson was withdrawn.
The Police Activity Report for the Month of November 1972 was 16
placed on file in the Town Clerks Office.
The following letter from Attorney Harold Katz was read by Supervisor
Solomon:
December 28, 1972
Hon. Gerald B. Solomon, Supervisor
Town of Queensbury
Town Office Building
i
Glens Falls, New York 12801
Dear Gerry,:
In reviewing my services performed as counsel
to the Town Board over the last five years, it is most
apparent that matters involving the Town Zoning Ordinance
have increased appreciably and will continue to increase.
Based upon the foregoing, I urge the Town Board
to consider the appointment of additional town counsel to
represent the Town Board, Planning Board, Zoning Board of
Appeals, and the Building and Zoning Inspector in all
zoning matters.
As you have requested, I will be pleased to
continue to service all pending litigation as well as
other matters now in progress such as the Queensbury Water
Storage and Distribution System; Intermunicipal Sewer
System;the refinancing of outstanding bond anticipation
obligations; and the various other matters now in process.
It has been a privilege to serve as counsel to
you and the Town Board, and I wish to take this opportunity
to express my appreciation to all of you for your many
courtesies and cooperation, and wish you all much happiness,
good health and success in 1973 and the years ahead.
Sincerely,
HAROLD W. KATZ
HWK:vh
cc: Hon. Lloyd Demboski
Hon. Robert Barber
Hon. Harold Robillard
Hon. Gordon Streeter
Mr. Solomon stated that "my recommendation is that the Board continue
the services of Mr. Katz." He thanked Katz for his past five years
service to the board.
The finicial report of the Highway Department for the month of
November, 1972 was placed on file in the Clerks Office.
RESOLUTION TO AUTHORIZE SIGNING OF CONTRACT
RESOLUTION NO. 229, introduced by Mr. Gordon Streeter who moved its
adoption seconded by Mr. Robert Barber.
WHEREAS, the engineering study for the South Queensbury Water District
No.. 2 has been completed, be it
RESOLVED, that the Supervisor is hereby authorized and directed to sign
said contract with Joseph A. Kestner, Jr. , contract being called,
Contract No. 10 - South Queensbury Water District No. 2.
1A S-6
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Robil.lar4, Mr. Streeter,
Mr. Solomon
Noes: None
RESOLUTION TO TRANSFER EEA FUNDS TO HIGHWAY AND QUEENSBURY WATER
RESOLUTION NO. 230, introduced by Mr. Lloyd Demboski, who moved
its adoption, seconded by Mr. Harold Robillard.
. WHEREAS, there are accumulated funds paid to the General Fund by the
County of Warren for EEA services and
WHEREAS, $693.89 was expended by the Highway Department and $1692.02
was expended by the Queensbury Water Department, therefore be it
RESOLVED, that these amounts be transferred from the General Fund 1
as follows: �J
Highway DM5130.1 Personal Services $ 630.50
DM9030.8 Social Security 32.78
DM9040.8 Compensation 15.76
DM9060.8 Hospitalization 14.85
Queensbury Water
SW1 8340.1 Personal Service $11553.27
SW1 9030.8 Social Security 80.75
SW1 9040.8 Compensation 31.06
SW1 9060.8 Hospitalization 26.94 and be it
further
RESOLVED, that these appropriations be increased by said amounts.
Duly adopted by the following vote:
Ayes : Mr. Demboski, Mr. Barber, Mr. Robillard , Mr. Streeter,
Mr. Solomon
Noes: None
RESOLUTION TO INCREASE APPROPRIATIONS IN THE GENERAL FUND
RESOLUTION NO. 231, introduced by Mr. Harold Robillard who moved
its adoption, seconded by Mr. Lloyd Demboski
RESOLVED, that the following appropriation of the General Town Fund be
increased as follows, such increases to come from the Contingent Fund in
the amount of $3,700.52 and from surplus unappropriated funds, in the
amount of $23,268.99.
Increase New Appropriation
A1110.4 Justice Contractual 1,010.00 $ 1,810.00
A1220.4 Supervisor Contractual 252.00 552.00
A1410.4 Town Clerk Contractual 1,740.00 4,190.00
A1420.4 Attorney Contractual 6 ,570.00 12,570.00
A1440.4 Engineer Contractual 490.00 4,190.00
A1450. 1 Elections , Personal 867.00 7,067.00
A1620.1 Shared Services, Personal 380.00 7,880=,00
A1620.2 Shared Services, Equipment 1,315.00 5 ,202.61
A1620.4 Shared Services, Contractual 2,750.00 12,550.00
A1910.4 Unallocated Insurance 912.00 5,139.13
A3120.1 Police Personal 800.00 54,400.00 _
A3120.4 Police, Contractual 610.00 8.610;00
A3310.4 Traffic Control, Contractual 1,517.00 5 ,517,00
A3510.4 Dog Warden, Contractual 440.00 1,440.00
A5182.4 Street Lighting, Contractual 177.00 15,997.00
A8010.4 Zoning, Contractual 658.00 1,858.00
A8020.1 Building/Zoning Personal 730.00 19,230.00
A8020.4 Building/Zoning Contractual 923.00 2,923.00
A3010.4 Public Safety Contractual 440.00 538.46
A8160. 1 Refuse & Garbage, Personal 104.00 18,304.00
A8160.4 Refuse & Garbage, Contractual 2,355.00 7,,821.92
A8510.1 Community Beautification
Personal Service 1,843.00 3,843.00 _ ___
A9740. 7 Capital Notes , Interest 86.51 969.66
RESOLVED, that the following transfers within appropriations be made as
follows:
From A1355. 2 Assessor Equipment, the amount of $400 be transferred
167
A1355.4 increasing .4 to $900.00 and decreasing . 2 to $600.00.
From A1450.4 Elections, Contractual, the amount of $47.34 to
A1450.2 increasing .2 to $47.34.
also $251.66 transferred to A1450. 1 Personal Service increasing .1 to
$7,318.66 and decreasing .4 to $501.00.
From A7310.2 Youth Program Equipment the amount of $1,370.00 to
A7310.4 Youth Program Contractual, also
From A7310.1 Youth Program, Personal to youth Program, Contractual
the amount of $1,362.00 thereby increasing A7310.4 to $5,582.00
and decreasing A7310.2 to $130.00
A7310. 1 to $14,888.00
r
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter,
Mr. Solomon
Noes: None
RESOLUTION TO APPROPRIATE GENERAL TOWN FUND SURPLUS FUNDS
RESOLUTION NO. 232, introduced by Mr. Lloyd Demboski who moved its
adoption, seconded by Mr. Gordon Streeter.
WHEREAS, there are surplus funds in the General Town Fund in the
amount of $100,000.00 deposited in the Glens Falls National Bank
and Trust under a certificate of deposit No. 911501, be it
RESOLVED, that this sum be appropriated to a Capital Reserve Fund
upon its due date of January 13, 1973.
Duly adopted by the following vote:
Ayes : Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter,
Mr. Solomon
Noes: None
Mr. Solomon announced that the Transmission, Lines and Filtration
Plant Public Hearings will be held some time in January.
RESOLUTION TO PURCHASE SITE ON COUNTY LINE ROAD FOR STORAGE TANK AREA
RESOLUTION NO. 233, this resolution is not available at this time, but
will be forth coming from Attorney Harold Katz, and will be found on
page
The Dog Warden application will be decided by the new Town Board,
reported Mr. Solomon.
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION NO. 234, introduced by Mr. Lloyd Demboski who moved its
adoption seconded by Mr. Robert Barber.
RESOLVED, that the Audit of Bills as listed on Abstract 72-12A
numbered 1614 through 1637, totaling $2,728.40 is hereby approved.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter,
Mr. Solomon
Noes: None
RESOLUTION TO AMEND APPROPRIATIONS IN THE QUEENSBURY AND SOUTH
QUEENSBURY WATER DISTRICTS
RESOLUTION'NO. 235, introduced by Mr.Gerald 'B. Solomon who moved its
adoption, seconded by Mr. Harold Robillard.
WHEREAS, due to unanticipated expense in the Queensbury Water District
it was deemed necessary to issue a budget note in the amount of $25,000.00
such money to be appropriated as follows:
SW1 8320. 1 $ 17,062.00
SW1 8320.4 7,938.00 and be it further
RESOLVED, to transfer $5 ,055. 19 from SW1 8340.1 to SW1 8320.4 contractual
55.42 from SW1 8340.1 to SW1 9040.8 compensation
604.66 from SW1 8430.1 to SWl 9060.8 hospitaliza-
tion
and be it further
RESOLVED, to appropriate to South Queensbury Water SW2 8320.4 - $9,322.00
from unappropriated surplus funds.
X68
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter
Mr. Solomon
Noes: None
RESOLUTION TO APPROPRIATE AND TRANSFER FUNDS IN THE HIGHWAY ACCOUNT
RESOLUTION NO. 236, introduced by Mr. Gerald B. Solomon who moved its
adoption, seconded by Mr. Harold Robillard.
WHEREAS, there remain unappropriated surplus funds within the highway
account be it
RESOLVED, that the following- transfers and appropriations be made
TRANSFER DE IMPROVEMENT MEADOWBROOK
$280.00 from DE5150.4 Contractual to DE5150.1 Personal 3
decreasing DE5150.4 from• $4,000.00 to $3 ,720.00 and in-
creasing DE5150.1 to $3,137.00
DE INPROVEMENT PICKLEHILL
$880.00 from DE5151.4 contractual to DE5151.1 Personal
thereby increasing DE5151.1 to $10,793.00 and decreasing
DE5151.4 Contractual to $12 ,620.00
DE INPROVEMENT SUNSET TRAIL
$202.00 from DE5152.4 Contractual to DE5152.1 Personal,
thereby increasing DE5152.1 from $1,028.00 to $1,230.00 and
decreasing DE5152.4 from $1,400.00 to $1,198.00, also trans-
fer for payment of machine hire to Item III DM5130 .4 from
the following:
$238.14 from DE5153.4
$474.93 from DE5152.4
$4,000.00 from DE5151.4 thereby increasing
DM5130.4 by a total of $4,713.07 to $28,122.32 be it
further
RESOLVED, to transfer unappropriated surplus funds in Item IV in the
amount of $1,174.26 to Item III DM5130.4 $1,168. 27 increasing to
$29,290.59
DM9030.8 $ 4.68 increasing to $ 645.86
DM9040.8 1.31 increasing to 436.74 _
and be it further
RESOLVED, to transfer from within Item III to DM5130.4 Contractual the
following
From DM5130. 1 $ 123. 12 decreasing DM5130.1 to $12,207.29
DM5130. 2 4$ 64. 78 decreasing DM5130. 2 to 52635.22
DM9010.8 168.47 decreasing DM9010.8 to 900.00
DM9060.8 151.45 decreasing DM9060.8 to 473.54
DM9730. 7 178.52 decreasing DM9730. 7 to 22817.63
DM9740. 7 10.59 decreasing DM9740.7 to 1,421.67 also
appropriated $662.55 in unappropriated funds to DM5130.4 thereby in-
creasing DM5130.4 to $34,950.07 and be it further
RESOLVED, that the sum of $448. 76 and $60 .21,,be transferred fvom
Item IV DS9030.8 and DS9060.8 decreasing DS9030.8 to $2,463. 24
DS9060.8 to $1,263.90 and
increasing DM5130.4 to $35 ,459.04. also be it
RESOLVED, to transfer the unexpended balance of $6 ,574.83 from Item
IV to Item I
from DS5140.4 $ 238,40 decreasing to $ 761.60
DS5142.1 3,761.43- decreasing to 47,118.57
DS5142.4 2 ,323.02 decreasing to 129676.98
DS9010.8 251.98 decreasing to 12725.00
appropriating $2,982. 14 to DR5110. 1 increasing DR5110.1 to $69,505.82
$3 ,592.69 and unappropriated surplus of $465.49 to DR5110.4 increasing
DR5110.4 to $39 ,558.18.
Duly adopted by the following vote:
Ayes : Mr. Demboski, Mr.Barber, Mr. Robillard, Mr. Streeter,
Mr. Solomon
Noes: None