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1972-07-13 Regular Meeting July 13,, 1972 -Members Present: Gerald B. Solomon Supervisor Lloyd Demboski Councilman Robert Barber Councilman Harold Robillard Councilman Harold Katz Town Counsel Councilman Gordon Streeter was absent from this meeting. - The meeting was- opened at 8 :35 P.M. with a salute to the flag. The Supervisor greeted the following visitors : Sharon Greene Kip Grant Dan Collins Lee Coleman Harold Hermance, Jr. Stan Granger and wife Mrs. Teal Mr. and Mrs. Joe Murphy Floyd Martindale George Liap es Harold Boynton Robert Waters John Lemery Mr. and Mrs. Leo LeClair Dr. Moore First on the agenda was a public hearing on the mobile home application of Robert Waters. Proof of publication was-presented by the Clerk. The application carried the Building Inspectors approval. Mr. Waters was represented by attorney John Lemery who briefly addressed the Board and presented them with pictures of the area stating it was populated with mobile homes now. No one spoke against the application. Mr. Robillard asked Mr. Waters if he was moving this mobile home from another park. His answer was "No". The public hearing was declared closed at 8:45 P.M. RESOLUTION TO APPROVE MOBILE HOME APPLICATION RESOLUTION NO. 120, introduced by Mr. .Barber who moved its adoption seconded by Mr. Demboski. WHEREAS, Robert Waters 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 at Dawn Drive 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 Robert Waters �to locate a mobile home at property situated at Dawn Drive 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. Demboski, Mr. Barber, Mr. Robillard, Mr. Solomon. Noes: None. Absent: Mr. Streeter. The mobile home application of Harold Hermance Jr. was next on the agenda. i_ The members asked Mr. Hermance many questions about his application. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 121, introduced by Mr. Robillard who moved its adoption seconded by Mr. Barber. WHEREAS, Harold Hermance, Jr. has made application in accordance with paragraph 2 (c) Section 4 of an ordinance of the Town of Queensbury entitled: ORDINANCE NOR 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 at Pasco Ave. and WHEREAS, 00 it is hereby determined that said application complies with the re- quirements 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 r , e ore be it RESOLVED, that pursuant to the provisions of the above mentioned or- dinance, the town board shall conduct a public hearing on said application on August 10, 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. Solomon. Noes: None. -- Absent: Mr. Streeter. Next on the agenda was the mobile home application of Leo Le Clair. Mr. Robillard stated that he did not want to see another street build up with mobile homes in the western end of town. He stated there are two mobile home courts now plus many streets that already have mobile homes. Mr. Robillard moved to deny the application. There was no second to his motion at this time. Mr. Demboski asked the applicant if he had any idea when he would be building a home on this lot. Mr. LeClair replied in about two or three years. This application carried a list of names of people in favor of and also some who were against the mobile home. Mr. LeClair stated to Mr. Robillard that he thought the trailer would improve the area. Mr. Solomon again spoke and stated that Mr. Robillard has moved to deny the application and asked if there would be a second. There was none. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION N0.122, introduced by Mr. .Demboski who moved its adoption seconded by Mr. Barber. WHEREAS, Leo LeClair 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 at Ogden Road and WHEREAS, is is hereby determined that said application eomplies 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 ord- inance, the Town Board shall conduct a public hearing on said application on August 10, 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. Solomon. Noes: Mr. Robillard. Absent: Mr. Streeter. Next was the application -of Gary and Sharon Greene of which a public hearing was already held on June 8 but no decision was made because some Board members were absent. Mr. Demboski asked the applicant how long a time it would be ,before they would have a home on this site. He stated that he did not want to pin Mrs. Greene down to any specific date. Mrs. Greene stated that .she would have a home up in approximately three years. This answer satisfied Mr. Demboski. Mr. Robillard stated that he was still the opp6tedtto•-the application because it was a mobile home coming from another mobile home. park and that he did not see -any hardship in this application. Mr. Robillard stated that he had no personal vendetta against mobile homes but that he was just trying to bring them under contbol. Mr. Solomon stated that he was going to introduce a resolution to approve the application but that it would carry the following stipulations. That the lot be kept clean with proper landscaping. The lawn should be put in properly, toys- and other matter be picked- up. The approval would be in the form of a revocable permit and if the property was not kept up the permit could be revoked. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 123, introduced by Mr. - olomon who moved its adoption seconded by Mr. Demboski. WHEREAS, Gary and Sharon Greene have 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 at Massachusetts Ave. 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 Gary and Sharon Greene to locate a mobile home at property situated at Massachusetts Ave. 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. Demboski, Mr. Barber, Mr. Solomon. Noes: Mr. Robillard. Absent: Mr. Streeter. The Town Clerk' s and the Building Inspector' s report for June were read and placed on file. RESOLUTION TO-APPROPRIATE MONEY TO THE QUEENSBURY WATER FUND RESOLUTION N0. 124, introduced by Mr. Solomon who moved its adoption seconded by Mr. Robillard. WHEREAS, there are accumulated funds paid to the Town of Queensbury for EEA services by the County of Warren and WHEREAS, the amount of $1936.85 is due the Queensbury Water Dept as of June 15, 1972, therefore be it RESOLVED, that the sum of $1936.85 be transferred to the Queensbury Water Fund as follows: - SWl 8340.1 Personal Services $ 1710400 SW1 9030.8 Social Security 88.93 SW1 9040.8 Compensation 34.20 SW1 9060.8 Hospitalization 103. 72 thereby increasing these appropriations by said amounts. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Solomon. Noes: None. Absent: Mr. Streeter. RESOLUTION TO ENTER INTO CONTRACT WITH THE LAKE GEORGE OPERA FESTIVAL RESOLUTION NO. 125, introduced by Mr. Robillard who moved its adoption seconded -by Mr. Demboski. — WHEREAS, the Town Board made an appropriation to the publicity fund of the Town for the fiscal year 1972, and WHEREAS, the Opera Festival Association Inc. , is located in the- Town of Queensbury and the publicity program of the Opera Festival will be of great benefit to the town, be it RESOLVED, that the Town Board of the Town of Queensbury enter into a contract with the Opera Festival Association Inc. , which will provide that the Opera Festival Association Inc. , promote the Town of Queensbury as a summer vacation area and cultural center for the lower Adirondack and Lake George section in consideration of the sum of $5000.00 to be paid from said appropriation, and be it further RESOLVED, that the Supervisor be and he hereby is authorized to execute such contract on behalf of the Town Board of the Town of Queensbury in . form approved by Town Counsel. Duly adopted by the following vote: Ayes: Mr. Demboski,- Mr. Barber, Mr. Robillard, Mr. Solomon. Noes: None. Absent: Mr. Streeter. RESOLUTION TO ISSUE JUNK YARD LICENSES FOR CALENDAR YEAR 1972 RESOLUTION NO. 126, introduced by Mr. Demboski who moved its adoption seconded by Mr. Robillard. 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 Herbert Anderson VanDusen Road, Glens Falls, N.Y. Howard Ladd VanDusen 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. Solomon, Noes: None Absent: Mr.. Streeter. RESOLUTION TO ACCEPT DEED FOR WET LAND AREA NEAR DUNHAM"S BAY RESOLUTION NO. 127, introduced by Mr. Barber who moved its adoption seconded by Mr. Robillard. This resolution is not available at this time but will be forthcoming from Attorney Harold Katz and will be found on Page„ 101 Mr. Katz wished that it be noted that this land is an unrestricted gift from Mr. John T. Garry II. There are no restrictions attached. The. total acreage is 171.3 and it covers about 15% of the Wet Land area. RESOLUTION FOR THE ISSUANCE OF CAPITAL NOTE TO FINANCE THE PURCHASE OF EQUIPMENT FOR PINEVIEW CEMETERY RESOLUTION NO. 128, introduced by Mr. Demboski, who moved its adoption seconded by Mr. Robillard. WHEREAS, the Town Board of the Town of Queensbury, New York, after due public notice,- by a resolution duly adopted. on the 15th day of June, 1972, authorized the Pineview Cemetery Commission. to purchase a certain 1972 Case Uniloader Model 1737 for cemetery purposes at a total cost of $8,889.00 and provided that $8800.00 of such cost was to be paid from the proceeds of obligations to be issued pursuant to the Local Finance Law, and WHEREAS, a contract of purchase for such machinery was duly entered into by the Pineview Cemetery Commission on the 15th day of June, 1972, now therefore be it RESOLVED, 1. The specific object or purpose for which obligations are to be issued pursuant to this resolution is to finance the cost of the purchase of a 1972 Case Uniloader Model 1737 with Davis 130 backhoe and 36" Bell Hoe Bucket. 2. The maximum cost of such machinery is $8,889.00 and the plan of fin- ' ancing such cost is as follows: $89.00 is to be provided out of funds of Pineview Cemetery Commission. The balance of the cost is to be provided by the issuance of a capital note in the amount of $8,800.00 pursuant to this resolution. 3. The following determinations are hereby made: (a) The period of probable usefulness of such machinery is five (5) years. (b) The subdivision of paragraph a of Section 11.00 of the Local Finance Law which is applicable in the circumstances is subdivision "28". (c) The proposed maturity of the obligations authorized by this res- olution will not be in excess of five (5) years. 4. That the Town of Queensbury issue its capital note in the amount of $8,800.00 to finance such cost in accordance with the financial plan set forth above. Such note shall be dated approximately as of the date of the delivery of such machinery and the power to fix and determine the exact date of such note is hereby delegated to the Supervisor. 5. Such capital note shall be numbered 1 and shall mature in the year 1973. The power to fix and determine the date upon which such note shall become due and payable is hereby delegated to the Supervisor. The note shall be issued in bearer form, shall not contain a power to convert to registered form, and shall bear interest at a rate not exceeding three and three- quarters ( 3. 74%) percent per annum payable annually. Such note shall be ` in substantially the following form: UNITED STATES OF AMERICA STATE OF NEW YORK No. 1 County of Warren $8800.00 Town of Queensbury Capital Note of 1972 The Town of Queensbury, in the County of Warren, a municipality of the State if New York, hereby acknowledges itself indebted and for value received promises. to pay to the bearer of this note the sum of $8800.00 on the day of July, 1973, together with interest thereon from the date hereof at the rate of % per annum, payable. annually. Both principal of and interest on this note will be paid in lawful money of the United States of America at the office of the Glens Falls National Bank and Trust Company, Glens Falls, New York. This note may not be converted to registered form. This note is the only note of an authorized issue in the amount of $8800.00. This note is issued pursuant to the provisions of a resolution entitled "Capital Note Resolution" duly adopted by the Town Board of such Town of Queensbury on July - 13, 1972. The faith and credit of such Town of Queensbury are hereby irrevocably pledged for theepunctual ,payment of the principal of and interest on this note according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this note, exist, have happened and have been performed, and that this note, together with all other indebtedness of such Town of Queensbury, is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Queensbury, New York, has caused this note to be signed by its Supervisor, and its corporate seal to be hereunto affixed and attested by its Town Clerk and this note to be dated as of the day of 1972. Town of Queensbury, New York (Town Seal) By its Supervisor Attest: Town Clerk of the Town of Queensbury, New York 6. The supervisor is hereby delegated the power to prepare such note and to sell such note at a private sale at not less than par and accrued interest, and at such sale to fix the interest rate to be borne by such note within the limitations set forth in this resolution. The supervisor shall deliver such note to the purchaser thereof only against cash or a certified check. The proceeds of sale of the note shall be deposited in the Highway Machinery Fund account. The powers delegated to the Supervisor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 7. This resolution shall take effect immediately. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Solomon. Noes: None. Absent: Mr. Streeter. -04 Mr. Solomon informed the Board that work on the 1973 budget will begin at future workshop sessions. The meeting was then open to the public. Dr. Moore spoke on vandalism in his area of the town which is around Montray Road, and Sweet Road and asked the Board to consider the possibility of more streetlights in the area. Mr. Solomon stated that a new lighting- district is being proposed for the Sweet Road district. Stan Granger asked how many tax dollars will the Town be losing by the donation of the 171.3 acres by Mr. Garry. Mr. Solomon replied that it would not be very much because it is taxed as open land. Mr. Robillard reported about numerous complaints of the delayed service of the Normandy Cable TV Co. and asked the board to investigate the matter. The Cable Co. was approved by the board for operation in the town. Mr. Barber stated that the company was aware of the delayed service which was the result of increased sales and that they were working on the matter. RESOLUTION TO ADVERTISE FOR BIDS ON USED 1971 POLICE CAR. RESOLUTION NO. 129, introduced by Mr:,.Rbbillard who moved its adoption seconded by Mr. Barber. This resolution is not available at this time but will be forthcoming from attorney Harold Katz and will be found on Page Ion, . RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 130 introduced by Mr. Demboski who moved its adoption seconded by Mr. Robillard. RESOLVED, that the Audit of Bills as listed on Abstract 72-7 numbered 834 through 973, totaling $26,731.43 is hereby approved. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Solomon. Noes: None. Absent: Mr. Streeter. On motion the meeting was adjourned. Respectively submitted, Donald A. Chase, Town Clerk