1972-04-27 RESOLUTION TO STANDARDIZE WATER METERS
RESOLUTION NO. 69, introduced by Mr. Robillard, who moved its adoption.
Seconded by Mr. Streeter.
WHEREAS, the Water Department of the Town of Queensbury, Warren County,
New York, presently owns water meters manufactured by Badger Meter
Manufacturing Company of Milwaukee, Wisconsin and has on hand a supply
of said meters and spare parts therefor, and
WHEREAS, to purchase different makes of water meters would be ineffecient
and uneconemicalsince alternate and additional supplies of spare parts
would have to be purchased which would not be interchangeable with those
already on hand, .and
_WHEREAS, for other reasons such as handling, economy of purchase and
'ffeciency ,of repairs and installation, it -is determined by this Board to
standardize the purchase of said water meters and the spare parts therefor,
"NOW, THEREFORE, BE IT RESOLVED, that for reasons of effeciency and economy
and pursuant to the authority conferred by Subdivision 5 of Section 103 of
the General Municipal .Law, it is determined by this Board that there is a
need for standardization in the purchase of water meters for the Town
Water Department, and
BE IT FURTHER RESOLVED, that the Superintendent of the Water Department
be and he hereby is authorized to purchase water meters and spare parts
therefor from the Badger Meter Manufacturing Co.of Milwaukee, Wisconsin
as the standard water meter to be -used exclusively by said Water _Department
of theTown of Queensbury.
Duly adopted bhit-13th day of April, 1972 by the following vote:
AYES: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon.
NOES: None.
Regular Meeting April 27, 1972
Members Present:
Gerald B. Solomon Supervisor
,Lloyd Demboski Councilman
Robert Barber Councilman
Harold Robillard Councilman
Gordon Streeter Councilman
Harold Katz Town Counsel
The meeting was opened with a salute to the flag at 8:25 P.M.
The Supervisor greeted the following persons:
Mr. and Mrs. Walter Robinson Dr. and Mrs. Huested Pliney Tucker
Harold Boynton George Liapes Mary Lou Quinn
Florence Mcllvaine Mr. and Mrs. Joe Murphy Sharon Greene
Ed Waters Floyd Martindale Francis Fish
Robert Waters Robert Nolan Geneva Elmore
Mrs. Donald Fisk Mr. and Mrs. Michael Thompson
The -following letter was read by the Supervisor:
TAKUNDEWIDE, INC.
Cleverdale, New York
January 20, 1972
Supervisor Gerald B. Solomon
Queensbury Town Office Bldg.
Glens Falls, New York
Dear Garry:
My term of office on the Recreation Commission expires on Feb 1. Please
do not consider my name for reappointment as I would be unable to accept.
Thank you for allowing me to serve on the commission for the past eight
years. I have enjoyed not only the association with the members of the
commission but also with the various members of the Town Board.
If the board is desirous of suggestions from this area of the town, I would
like to submit the same of Mrs. Marilyn Sanderspree.
cc: Mr. Fred Champagne Sincerely,
Jane Mason
66
A letter was also read from the Hudson River Valley Commission regarding
Project # 037-T72 approving the Town of Queensbury Water Filtration Plant.
signed by Carl J. Mays, Executive Director.
RESOLUTION TO APPROVE PURCHASE OF SECTIONAL STEEL SEWER RODS AND TOOLS
RESOLUTION NO. 73, introduced by Mr. Demboski who moved its adoption
seconded by Mr. Barber.
RESOLVED, that Carl Garb, the Town of Queensbury Highway Superintendent
be allowed to purchase Secional Steel Sewer Rods and Tools from Raymond
Foster of Hudson Falls, New York at a purchase price of $662.55.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter and Mr. Solomon. '
Noes: None.
Next was a Mobile Home application tabled from the last meeting for Mrs.
Verna Lavery. The board has a small discussion with Mrs. Donald Fisk, a
daughter.
RESOLUTION TO AUTHORIZE PUBLIC HEARING
RESOLUTION N0. 74, introduced by Mr. Robillard who moved its adoption
seconded by Mr. Demboski.
WHEREAS, Mrs. Verna Lavery of 89 1/2 Bay St. Glens Falls 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 INTHE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to
locate a mobile home outside of a duly licensed mobile home court -at property
situated at W. Ohio Ave. and
WHEREAS, it is hereby determined that said application complies with the
requirements of said ordinance, and
WHEREAS, is is hereby determined that the facts presented in said application
are sufficient to justify further consideration by this board, therefore be it
RESOLVED, that pursuant to the provisions of the above mentioned ordinance,
the Town Board shall aonduct a public hearing on said application on May 25,
1972 at 8:00 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 provisions of said ordinance.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon,
Noes: None.
Mr. Solomon stated .that if this permit is granted it will be subject to a
variance from the Zoning Board of Appeals. The location of the trailer does
not now meet the new setback requirements.
The next application for a mobile home was from Michael Thompson.
Mr. Robillard stated he would move for a denial of the request basically
because Mr. Thompson was moting from a Mobile home park and to grant this
application would open the way forma mass exodus from mobile home courts
and defeat the intent of the ordinance. Mrs. Geneva Elmore argued that
mobile homes are the only housing most people can obtain since banks refuse
home mortgages in the area. Much discussion was held by the board with Mr.
Thompson. Mr. Thompson is now renting a trailer in this park and he wants
a home of his own. That is why he wants to move from this park, stated Mrs.
Elmore.
RESOLUTION TO DISAPPROVE APPLICATION FOR MOBILE HOME
RESOLUTION NO. 75, introduced by Mr. Robillard who moved its adoption ..
seconded by Mr. Streeter.
WHEREAS, Michael Thompson has made application to this board for a permit to
locate a Mobile home at property situated at Dawn Drive and
WHEREAS, upon -proper investigation it appears that the applicant has complied
with ,all of the requirements of the Ordinance regulations relating to Mobile
homes in the Town of Queensbury, therefore be it
RESOLVED, that there was no hardship shown on the original application
therefore be it further
RESOLVED, that the application of Michael Thompson be and is hereby disapproved
and that the Town Clerk is hereby directed to notify him of the decision of
thie board.
Duly adopted by the following vote:
Ayes: Mr. Barber, Mr. Robillard, Mr. Streeter, -Mr. Solomon.
Noes: Mr. Demboski.
Next was a resubmitted application for a mobile home permit from Gary and
Sharon Greene. Mrs. Greene presented a petition from residents approving
that they may locate there, on Central and Massachusetts Ave. .
Mr. Joseph Murphy appeared against the application and talked to the Board
why he was in favor of disapproving the application.
Mr. Demboski stated that this application is very similar to the other which
we just turned down. I would like to have seen a public hearing on that
application. We have the same situation on this application of a trailer
moving out of another court. In Mr. Thompsons case there was no opposition
.—from the landowners. Based on the decision of the board in the Thompson
case I see no alternative but to turn down also the Greene application.
RESOLUTION TO DISAPPROVE APPLICATION FOR MOBILE HOME
RESOLUTION NO. 76, introduced by Mr. Robillard who moved its adoption
seconded by Mr. Barber.
WHEREAS, Gary and Sharon Greene of South Glens Falls, N.Y. has made application
to this board for a permit to locate a Mobile Home at property situated
at .Central and Mass. Ave. and
WHEREAS, upon proper investigation it appears that the application complies
with all the requirements of the Ordinance regulations relating to mobile
homes inthe Town of Queensbury, therefore be it
RESOLVED, that there was no -hardship shown.on the original application
therefore be it further
RESOLVED, that the application of Gary and Sharon Greene be and is hereby
disapproved and that the Town Clerk is hereby directed to notify them of
the decision of this board.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon.
Noes: None.
Copies of a Care and Control Law for Dogs were passed out to Board members
for future study at workshop sessions.
The Police Activity report for the month of March was read by the Clerk and
placed on file.
An announcement concerning Clean up weeki°°May 1st through the 5th was made
by the Supervisor.
A reminder was also issued for people over 65 who can file for their partial
tax exemption that Friday April 28 will be the last working day before the
1st day of May in which they can file.
Reminded the Board of the Loyalty Day parade on Sunday -April 30.
The meeting was declared open to the public.
Francis Fish raised a question about a subdivision on Wintergreen Road.
George Liapes, Building Inspector explained that the developer had submitted
revised plans for conforming lots. These were approved by the Town Planning
Board and the Dept. of Health.
7n regard to the landfill, Mr. Fish complained about the rubbish being left
utside of the gate on Sundays and why doesn't the board let Commercial trucks
_use the dump on Sundays. Mr. Fish also heard that the Board was considering
closing the landfill on Sundays.
Mr. Solomon replied that if we let Commercial trucks in on Sundays are ptoblem
in getting the material covered will magnify. We have considered putting a
container outside the gate for Sunday trash. We have considered closing the
landfill on Sundays because other landfill areas are also closed.
Mr. Fish asked about closing the landfill to all on Sundays and also the
possibility of opening up the landfill two .evenings a meek the same as the
Town of Moreau. Mr. Barber stated that the Board is considering this.
Pliny Tucker publicly thanked the Board and the Police Dept. for the
cleaning up. of Junk cars in the West Queensbury sections.
Dr. Huested asked about the appeal in regard to the Ski and Shore Corp.
which was tabled two weeks ago. Mr. Solomon stated that this matter would
be coming up a little later this evening.
RESOLUTION TO ISSUE JUNK YARD LICENSES FOR CALENDAR YEAR 1972
RESOLUTION NO. 77, introduced by Mr. Streeter who moved its adoption
seconded by Mr. Demboski.
WHEREAS, the following applicants have made application to the Town Board
of the Town of Queensbury- for the renewal of their Junk Yard Licenses for
the year 1972, and said applications have been accompanied by the proper
license fee of $25.00 in accordance with the Queensbury Junk Yard Ordinance
as adopted on June 9, 1966.
NAME ADDRESS
Pete Mosher Pasco Ave. Glens Falls, N.Y.
Roland.Mandigo Luzerne Road, Glens Falls, N.Y.
Robert Sanders Van Dusen Road. Glens Falls, N.Y.
Morgan Keith Combs Van Dusen Road, Glens Falls, N.Y.
West Side Auto Supply Inc. Corinth Road, Glens Falls, .N.Y.
WHEREAS, the applicants have agreed to comply with all of the provisions
of said ordinance, subject to certain conditions therefore be it
RESOLVED, that the renewal of the Junk Yard Licenses of the above listed
applicants for the calendar year 1972, be and the same are hereby approved.
RESOLVED, that the Supervisor is hereby authorized and directed to issue
said renewal licenses and deposit the fees in the General Fund of the Town.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon.
Noes: None.
Mr. Solomon noted that the Agreement regarding the expenditure of Highway
moneys between the Town Board and the County Superintendent of Highways
is on file in the office of the Town Clerk.
RESOLUTION TO AUTHORIZE AND APPROVE AGREEMENT REGARDING EXPENDITURE
OF HIGHWAY MONEY
RESOLUTION NO. 78, introduced by Mr. Demboski who moved its adoption
seconded by Mr. Robillard.
WHEREAS, in accordance with the provisions of Section 284 of the Highway
Lawan annual agreement has been reached between the Queensbury Town Board
and the Superintendent of Highways as follows:
1. General Repairs - Primary work and general repairs upon 121 miles of
town highways $97,940,00
2. Permanent Improvements - the sum of $27,000.00 for Meadowbrook Road
Sunset Trail and Pickle Hill Road, and
WHEREAS, a copy of the agreement is on file in the Town Clerk' s Office,
therefore be it
RESOLVED that this agreement shall be effective as of March 1, 1972.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Robillard, Mr. Streeter, Mr. Solomon.
Noes: Mr. Barber.
RESOLUTION TO MAKE APPLICATION TO THE NEW YORK STATE DIVISION FOR YOUTH
FOR APPROVAL OF- RECREATION PROJECT
RESOLUTION N0. 79, introduced by Mr. Streeter who moved its adoption
seconded by Mr. Barber.
WHEREAS, the 1972 town budget has made provision for a continuation of the
Town Recreation Program, and
WHEREAS, it is believed that the town is eligible -to receive State Aid
under the State of New York Division for Youth, therefore be it
RESOLVED, that the application to the New York State Division for Youth
for approval of the Recreation Project is hereby authorized and that the
Supervisor of the Town is hereby authorized and directed to execute such
application -on behalf of the Town of Queensbury.
Duly adopted by the following vote:
Ayes : Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon.
Noes: None.
Mr. Solomon read the following letter regarding the Ski and Shore Corp.
Hon. Gerald B. Solomon Supervisor
Town of Queensbury
Town Office Building
Bay Road RD #1
Glens Falls, New York, 12801
Re: Ski and Shore Corp. vs.
George P. Liapes, Building Inspector
Dear Gerry:
-Herewith please find copies of the following documents in the above
referenced matter:
1. Decision of Hon. John J. O'Brien, Supreme Court Justice
2. Order entered March 10, 1972
3. Notice of Appeal filed April 10, 1972
Copies of said documents are also being provided to each Town Board member.
We have been contacted by Louis M. Carusone, Esq. , as attorney for the residents
of Glen Lake and he indicated their desire to join in this appeal as interested
parties. They would have to receive permission of the Appellate Division to
do this.
We can discuss this further at -your convenience.
Respectfully yours
Harold W. Katz
Town Counsel
ThM se documents are on file in the office of the Town Clerk.
Mr. Solomon stated that in the courts opinion the Town Board acted iilegaly
when they rezoned the property R-3. Now the Town Board has two alternatives
and that is to pass a resolution to perfect the Appeal or to pass a
resolution to withdraw the appeal.
Mr. Robillard I believe the Town Board did act properly. I move that
-we perfect the appeal. We must make a stand. -We have the Infirmary a Health
camp and our Gurney Lane Recreation area there and this is not the place for
Commercial growth. I do not believe pollution is a factor but I do believe
it should stay residential.
Mr. Streeter - I would like to second the motion of Mr. Robillard. My belief
is that the Town Board did act properly and we would be remiss to not perfect
thi,J appeal.
Mr. Solomon - I have worked with both this Board and also with two other
Board members who are no longer on the Board and I still feel the same, that
this property should remain Commercial. The Motel operation would be a good
Buffer Zone from the Northway. My feelings have not changed. I have discussed
the matter with friends and some engineers and they say there is no possibility
of pollution of Glen Lake if this complex is built. We are now going through
a new Planning study and in this study they show that this property is
unsuitable for housing projects and should be zoned commercial to get the
best use out of it. I believe the Town Board has an obligation because of the
expanded residential growth in the Town. People are choosing Queensbury as
a good place to live. We are proud of the fact that we have kept our tax rate
down -the same as it was in 1968. To do this we has to fight to keep industry
►.re and also fight to bring more into the state. We have had to fight for -"
,_1ditional jobs. I feel that Judge O'Brien has made his ruling, I will vote
no to perfect the appeal. This will cost us at least another $2000.00 and it
may go even further.
Mr. Demboski - Two years ago I voted to continue the residential zoning of
this property. I donot think the pollution of Glen Lake was completely proven
at that time. Since that titef-there has been more construction along Route 9
with no problems. The Northway has proven to be a good Boundary line for
Residential and Commercial development. As time has gone on I have changed my
mind. The planners- Murphy and Krens have told us that properties along the
Northway exits should be zoned commercial. Therefore if Mr. Robillard does
introduce the motion to perfect the Appeal I will vote No.
Mr. Barber - I find that the decision on this matter now rests with me.
�o
Two years ago when I was sitting in on this discussion as a resident of
Glen Lake and a member of the Association I was an opponent to the Ski
and Shore Corp. Now I find myself sitting here as a Councilman of the Town
and I must make a decision as a councilman. I feel that this issue is
going to effect the entire town. When I was here before I acted emotionaly
rather than intelligently. It is difficult now to sit here and eat crow.
I object to the appeal on the basis that I believe that there will be no
pollution of Rush Pond or Glen Lake however the appeal before us is not
on the issue of pollution but on a point of law, whether the Town Board
acted in good faith. The Town Board made a decision, the Supreme Court
reversed the decision and now the Town Board has to make a decision on
a point of law not on pollution which was the original controversy.
There are other violaters along Route. 9 in which the Glen Lake Assoc. --�'
has not said anything. There is also a guarantee from the engineers
hired by the Ski and Shore Corp. that Glen Lake and Rush Pond will not be
polluted. On that basis in all good conscience I vote no on this appeal.
Mr. Robillard - I do not believewe should follow everything that Murphy
and Krens say. Gerry says that we are shirking our duty if we do not
approve this. I believe we are shirkinE our duty if we do approve it.
I do not go along with a lot of their z8nigg.
Mr. Barber - It seems that you do not accept commercial development in
this area. Your point is not whether it is going to pollute Rush Pond
or Glen Lake.
Mr. Robillard - I stated this, yes.
Mr. Barber - There are five men on this board all of different opinions.
Yours is that there will be no commercial development there.
Mr. Robillard - I think we also acted legally
Mr. Barber - This episode started on a point of ecology and now we are .
confronted with a point of law. .
Mr. Demboski - In looking at proper land usage, I am concerned in the lack
of Commercial growth in the town. We have to look at the Interstate and
Northway as a natural place for tourism. I think that it is time to put ,.
this issue to rest.
Mr. Robillard - I will still move that we perfect the appeal.
Mr. Streeter - the question before us is whether the action taken was legal
or not.
Mr. Robillard - I hope we do not take this route out on every case that
we have. I think we have a moral obligation to have this appeal perfected.
Mr. Barber - My thinking was that it was voted to residential two years ago
because of the ecological hazard to Rush Pond and the area. Therefore I do
not think that we have a moral obligation on that basis.
Mr. Robillard - No 150 people in this town can force me to do anything.
I did this with a clear conscience and I still say that this belongs R-3.
j Mr. Barbed - I am convinced that the board voted the way they did was that
they were worried about the pollution factor.
Mr. Robillard - We should forget that and just look at the parcel.
Mr. Solomon - if there were to be a residential development in this area '-
of about 50 homes there would be an equal pollution problem.
Dr. Huested - pleaded with the board to pursue the appeal. The board has
a moral obligation to do this.
of
Pliney Tucker - Asked Mr. Katz about the time involved in asking for
an appeal. Mr. Katz replied that it would take between 30 and 45 days
or perhaps 60 days. Mr. Tucker stated that it would be $2000.00 well
spent to find out if you are right or wrong.
Mr. Robillard asked Attorney Nolan if the decision went the other way would
he appeal it. Mr. Nolan replied that he would have to read the decision.
Mr. Robillard stated to Mr. Nolan that our Town Attorney has advised us
not to take Justice O'Brien' s decision.
Mr. Streeter - I guess I was the originator of the term "moral and ethical"
It did not pertain to anyone on this board as a personality. This is not
a game this is reality. Our Town Counsel told us that we had a chance to
win this appeal. This is what I meant when I said we had a moral and ethical
responsibility of perfecting the appeal.
Barber
Mr. Robillard - I move to table this becatus3d CouncilmaMhas indicated
that he does not wish to vote tonight, he would like more time to look into
this matter.
Mr. Barber - Morally there is more to this than a point of law. The only
reason I am abstaining is that I am not convinced that that property should
be residential or commercial.
Mr. Katz - At the request of Mt. Solomon Mr. Katz explained the course of
events. Justice O'Brien!s March 10 decision directed Building Inspector
George Liapes to issue a permit to Ski and Shore. The notice of Appeal
filed on March 30 was an automatic stay that will remain in effect indefinitel3
If within reasonable time the town does not perfect the appeal, Ski and
Shore may make a motion for dismissal. In that case the court can grant the
motion subject to the town's perfecting the appeal by a specified date.
If the appeal is not perfected in that time the action will be dismissed.
Katz pointe d out that action brought by Ski and Shore was against the
Building Inspector, not the Town Board. Our argument is that Mr. Liapes
acted correctly because the property was legally zOned R-3 and further
that his actions were not unreasonable because Ski and Shore had not
exhausted all its administrative procedures in asking for a variance before
the Zoning Board of Appeals.
The following resolution was introduced somewhere during the proceedings:
RESOLUTION DIRECTING PROSECUTION OF APPEAL TO THE APPELLATE DIVISION OF
THE SUPREME COURT
RESOLUTION NO. 80, introduced by Mr. Robillard who moved its adoption
seconded by Mr. Streeter.
WHEREAS, the Hon. John J. O'Brien, Supreme Court Justice, has made a
decision in the matter in the matter of Ski and Shore Corp. vs. George
P. Liapes, Building Inspector of the Town of Queensbury which directs the
said Building Inspector to issue a building permit to said Ski and Shore
Corp. , and
WHEREAS, said decision is deemed not to be in the best interests of the
residents of the Town of Queensbury, it is
RESOLVED, that the Supervisor of the Town be and he hereby is authorized
and empowered to retain Harold W. Katz, Esq. , as counsel in this matter to
prosecute an appeal to the Appellate Division of the Supreme Court upon
such terms as said Supervisor deems proper and advisable.
This resolution failed to come to a vote.
RESOLUTION TO TABLE RESOLUTION NO. 80 FOR TWO WEEKS
RESOLUTION NO. 81, introduced by Mr. Robillard who moved its adoption
seconded by Mr. Streeter.
WHEREAS, that due to the discussion held on the matter of Ski and Shore
it seems that more time is necessary to examine the situation, therefore
be it
RESOLVED, that resolution No. 80 be tabled for further study for a period
of two weeks.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon.
Noes None.
82
RESOLUTION TO ADVERTISE FOR BIDS FOR A CHIP SPREADER
RESOLUTION NO. 82, introduced by Mr. Demboski who moved its adoption
seconded by Mr. Robillard.
WHEREAS, Carl Garb, Highway Superintendent has recommended to the Board
that we purchase a new Chip Spreader, therefore be it
RESOLVED, that the Town of Queensbury solicit sealed bids four the purchase
of a new Chip Spreader and that the 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 Town of Queensbury will
receive sealed proposals for a new Chip Spreader for the Highway Dept.
A copy of the specifications will be available in the Town Clerk' s office.
Bids will be received up to 5 :00 P.M. on the 18th day of May, 1972 at
the Town Clerk' s office in the Queensbury Town Office Building, Bay and
Haviland Roads, Glens Falls, New York.
Bids must be submitted in sealed OPAQUE envelopes plainly marked Chip
Spreader Bid and there shall be included in such bid the Certificate of
Non-Collusion required by Section 103D of the General Municipal Law and
the bidder must state the approximate date of delivery.
The Town Board will meet at the Queensbury Town Office Building at 5:15 P.M.
on the 18th day of May, 1972 at which time the bids will be opened and
read aloud.
The Town Board reserves the right to reject any or all bids.
Duly adopted by the following vote:",
Ayes: Mr. Demboski, Mr. Barber, Mr. -Robillard, Mr. Streeter, Mr. Solomon,
Noes: None.
On motion the meeting was adjourned.
Respectively submitted,
Donald A. Chase, Town Clerk