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1972-08-10 103 Regular Meeting August 10, 1972 Members Present: Gerald B. Solomon SupervisoN Lloyd Demboski Councilman Robert Barber Councilman Harold Robillard Councilman ` Gordon Streeter Councilman Harold Katz Town Counsel The meeting was opened at 8:00 P.M. with a salute to the flag. Y The Supervisor greeted the following visitors : Kip Grant Lee Coleman Mrs. Teal Pliney Tucker Mrs. John Beale Harold Boynton George Liapes ° Leo LeClair -Mr. 'Bapp Rayola Mindock Floyd Martindale Tom Flaherty David Goodrich Foster James Mr. Gregory Marie Kelly Mr. 'Montemuro First on the agenda was a bid opening on a Used Police Car. Proof of publication was shown by the Clerk. There was one bid received from Robert Grahl of RD #22 Lake George, New York and the bid was $151.00 The Board decided to table the bid and discuss it with the Police Dept. Next was a scheduled public hearing on the Mobile hdme application of Leo LeClair. The hearing opened at 8:10 P.M. Proof of publication was shown by the Clerk. Attorney Foster James appeared for the LeClair' s and showed photographs of the area. There was no one else to speak for the mobile home. Mr. James indicated that the LeClair' s wanted to place a mobile home on their lot on Ogden Road to eliminate the problem of commuting each day from Corinth to their place of employment.- A petition with names of people in favor of the application was attached to the application. Pliney Tucker speaking against the application indicated to Mr. James that the Mobile homes which are in the area now were there prior to the ordinance. Mr. Tucker stated that the banks frowned on giving loans to residents who had mobile homes in their immediate area. He suggested that the Board come up with a more standard policy on granting mobile home permits. David Goodrich stated that his feelings were the -same as Mr. Tucker' s. Richard Bapp stated that he believed that he could not get a loan from the bank to build a new home if this trailer was placed on Ogden Road. Mr. Gregory stated that he was also opposed because of the bank' s feelings about mobile homes. Virginia Beale of Camp Jadamada also appeared in opposition. Mr. James stated that Mr. LeClair planned to build a home there in the future but could not do so within one year in which the ordinance states he should. Mr. Bapp said if the permit is granted he believes their sewage system would be too close to his well. The hearing was declared closed at 8:21 P.M. Mr. Robillard stated that Ogden Road is not the place for mobile homes. He stated that he does not see Mr. LeClair' s hardship. RESOLUTION TO DISAPPROVE APPLICATION FOR MOBILE HOME RESOLUTION NO. 138, introduced by Mr. Robillard who moved its adoption `— seconded by Mr. Barber. WHEREAS-, Leo LeClair has made application to this Board for a permit to locate a Mobile Home at property situated at Ogden Road 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 Leo LeClair be and is hereby disapproved and that the Town Clerk is hereby directed to notify him 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. The public hearing for Harold Hermance Jr. to locate a mobile home on Pasco Ave. was opened at 8:23 P.M. Proof of publication was shown by the Clerk. Mr. Hermance was not present. No one spoke for or against the application. , the hearing was closed at 8:26 P.M. Mr. Robillard stated that this is a reapplication and that the first one was turned down about four weeks ago. At the time of his first application he was already living in the trailer which was a violation of the zoning ordinance. The application was turned down for this reason. ' ' Mr. Robillard stated that there seems to be a hardship here but that he had investigated the site and did not like it. Mr. Barber -asked the Building Inspector if the lot was deeded to his mother. Mr. Liapes stated that the lot was his mother's. Mr. Barber stated that he would make a motion to deny the application Mr. Demboski stated that he would second the motion.. Mr. Solomon called for a discussion. Mr. Demboski stated that he could not see where the situation has changed since the first time we turned him down. He could not see any hardship. Mr. Solomon stated that he could see a hardship. the family are life long residents of the town and knowing the location and the circumstances he could not see turning the application down. Mr. Robillard stated that Mr. Hermance was receiving public assistance and he could not see how Mr. Hermance could live up to the Town's standards. Mr. Barber echoed Mr. Robillards comments. He believes that Mr. Hermance is certainly able to go out and get a job. To do what he has to do to get a permit certainly needs money and he is not going to get enough through public assistance. Mr. Solomon commented that before the permit was approved the water and sewage systems must be in proper order. Because the man is temporarily unemployed at this 'time is no reason to turn him down. Mr. Demboski asked Mr. Boynton about the circumstances in which he -was turned down before. Mr. Boynton stated that there was proof of Mr. Hermance living in the trailer and the reason no more was done on the sewage and water is that Mr. Hermance did not -want to do any more until the permit was granted by the Board. Mr. Robillard stated that if Mr. Hermance could meet the standards of the septic system and water he would be inclined to lean for approval. Mr. Solomon asked Mr. Demboski to withdraw his second and Mr. Barber to withdraw his motion to deny the application. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 139, introduced by Mr. Demboski who moved its adoption seconded by Mr. Streeter. 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 FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURYI WARREN COUNTY, NEW YORK to locate a mobile home at property situated at Pasco Ave. and WHEREAS, this town board has conducted a public hearing in connection with said application and ha's 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 granted to Harold Hermance, Jr. to locate a mobile home at property situated at Pasco Ave. and 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. Streeter, Mr. Solomon. Noes: None. Next on the agenda was an application for a renewal of a one year permit for a mobile home by Erwin Bardin of East Sunnyside Road. -jet; This application was tabled from the last meeting. Mr. Bardin was not present. Mr. Robillard stated that it should be denied the same as Mr. Covell' s was denidd because tha application is not made out correctly, it is made out in Mr. Bardin' s name who owns the farm and the occupant is to be his farm help. If Mr. Bardin' s farm hand wants to come in and apply on _his own hardship then I would entertain a motion. Mr. Solomon stated that it is permissable for a farm owner to come and apply for a home for his help. Farm help is considered a part of the family. Mr. Solomon stated that he would introduce a resolution to approve the application and if the resolution failed I would prefer the application be tabled and have Mr. Bardin' s farm help come in and apply. Mr. Robillard again stated that it is a violation of the ordinance to have Mr. Bardin apply for the permit and to have his hired hand occupy the -- mobile home. Mr. Demboski brought up the point that Mr. Bardin made at the last meeting that the mobile home would be occupied by his son and that this would be the last time that he would be applying for a one year permit because he believed that his home would be buile by that time. However he agreed with Mr. Robillard ' s comments. Mr. Streeter stated that we should try to decide each case on its merits. I did vote to disapprove Mr. Covell' s application but in this case the occupant is Mr. Bardin' s son and I do think that we do have to use a sense of judgement in each of these cases. I -am inclined to approve this application with the understanding that it be a one year extension and one year extension only. RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION NO. 140, introduced by Mr. Solomon -who moved its adoption seconded by Mr. Streeter. WHEREAS, Erwin Bardin has made application in accordance with paragraph 2 (b) 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 East Sunnyside Road and WHEREAS, it is hereby determined that the facts presented in said application 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, temporary permission is -hereby given to Erwin Bardin to locate a home at property situated at East Sunnyside Road, -Town of Queensbury 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. Streeter, Mr. Solomon. Noes: Mr. Demboski, Mr. Barber, Mr. Robillard. The resolution fails. The Board recommended to Mr. Solomon that he approach Mr. Bardin and ask him to have his farm help apply in their own name. The mobile home applications of Marie Kelly and Arthur Montemurro were tabled to the August 24 meeting for further investigation. A petition was presented to the Board by Mr. E. Winchip requesting NO PARKING SIGNS 6-h Sweet Road from Rt 9 to Montray Road, also increased patroling of the area and that the speed limit be 35 MPH for the protection of the children in the congested area. The petition had 213 names. Mr. Solomon refered the matter to Mr. Barber who is on the Safety Committee. The following letter from Normandy Cable TV was read by the Supervisor: NORMANDY TV CABLE CO. , INC. GLENS FALLS, NEW YORK, 12801 ,August 10, 1972 Hon. Gerald Solomon Members of the Town Council Town of Queensbury New York 10 V Dear Sirs: To bring you up to date. We are now completing construction of the system in Queensbury. You will recollect the eastern part of Queensbury was constructed eight or nine months ago. We have now completed everything east of Glen Street with the exception of certain pockets which will require underground installation - notably the Twicwood area. Westerly of Glen Street we are out Aviation Road as far as Mountainview Road and southerly therefrom as far as Sherman Ave. We are constructing each day and the major construction should be completed by,September 15th. Queensbury is difficult to string, as there are isolated pockets with no pole access. We are endeavoring to construct those portions of the system which will service the majority of the people first, then we will` attach the pockets where Cher are engineering problems. We appreciate your cooperation. We assure you of ours. -- Respectfully yours, Robert J. Nolan Secretary-Treasurer The Town Clerk' s, Building Inspector' s, Supervisor' s and Highway report for July were read and placed on file. The police report for June was read and placed on file. Mr. Boynton the Assistant Building Inspector in a letter to the board cited two unsafe structures owned by James and Clara Van Guilder of 25 Blvd, Glens Falls, N.Y. One home is occupied by the Hack family of 11 which is partially collapsed, doors and windows missing, open sewage system and a fire hazard. The other is occupied by Mr. Hay in which there are no sanitary facilities or water supply. The welling is in poor condition partially collapsed and decadent. Mr. oynton stated that these buildings are a public hazard and dangerous to tte public and must be demolished. Both of these dwellings are on W. Howard Street. The Building Department is unable to force the owners to do anything about repairing these buildings and under our Unsafe Building Ordinance it is our responsibility to direct the Building Inspector to order the property condemned or else placed in proper repair, including the sewage systems, quoted Mr. Solomon. I recommend at this time that we go ahead and do this. Mr. Robillard agrees. Mr. Katz stated that the removal of the buildings shall commence within 30 days of the serving of an official notice and must be completed within 60 days. Mr. Robillard said that the notice should be issued tomorrow and that action be taken immediately. RESOLUTION TO REPAIR OR -CONDEMN TWO BUILDINGS ON WEST HOWARD ,STREET OWNED BY JAMES AND CLARA VANGUILDER RESOLUTION NO. 1411, introduced by Mr. Robillard who moved its adoption seconded by Mr. Demboski. This resolution is not available at this time but will be forthcoming from Attorney Harold Katz and will be found on Page 121 . The meeting was opened to the public but no one desired to speak. Mr. Solomon reported on a new lighting district under consideration for Broad Acres, Queensbury school area, Twicwood and Old Orchard sections including Route 9 up to Round Pond Road, Bay Road to College Ridge Road to Rolling Ridge area. The board will be reviewing this in the next several weeks. Niagara Mohawk is working out the plans now. Also on August 24 bids will be opened for the site work and access roads for the filtration plant. Bids will be opened at 8:00 P.M. RESOLUTION TO ADVERTISE FOR BIDS FOR SOUTH QUEENSBURY WATER DISTRICT NO. 2, CONTRACT NO. 10, WATER MAINS AND APPURTENANCES RESOLUTION NO. 142, introduced by Mr. Solomon who moved its adoption seconded by Mr. Kobillard. WHEREAS, the Town Board of the Town of Queensbury has recommended that we advertise for bids for the construction of water mains and appurtenances for South Queensbury Water District No. 2 Contract No. 10, therefore be it RESOLVED, that the Town of Queensbury solicit sealed bids for the work as listed above and that the following notice by published in the official town newspapers in the following form: NOTICE TO BIDDERS (WATER PIPE CONTRACTORS) Town of Queensbury, Warren County, New York Owner Sealed bids for South Queensbury Water District No. 2, Contract No. 10, Water Mains and Appurtenances will be received at the Office of the Town Clerk, Town of Queensbury, Town Office Building, Bay and Haviland Road, RD #1 Glens Falls, New York, 12801 until 8:00 P.M. EDST, September 7, 1972. The Town Board will meet -in the Town Office Building at 8:00 P.M. EDST at which time the bids will be publicly opened and read aloud. The work consists of the furnishing and installing of about 3.5 miles of ductile iron pipe water mains, sizes 6 inch through 12 inch, together with valves, hydrants , services and other appurtenances. The Information for bidders, Form of Bid, Form of Contract, Drawings, Specifications and Forms of Bid, Performance and Payment Bonds may be examined at the following places,: Office of the Town Clerk, Town Office Building and at the Office of Joseph A. Kestner, Jr. , Consulting Engineer One Kestner Lane, Troy, New York, 12180 Copies of the above documents may be obtained only at the Office of the Consulting Engineer upon depositing the sum of $50. Upon deposit of $50, any unsuccessful Bidder upon returning the documents in good condition immediately following the public opening of said bids, shall be returned $40. Any non-bidder returning the documents in good condition will be refunded the sum of $25. All checks for the documents shall be made payable to Joseph A. Kestner, Jr. , Consulting Engineer. Documents must be returned within one week (7 days) after receipt of bids. The Owner reserves the right to waive any informalities and to reject any and all bids. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information for Bidders. Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract and to the Non-Collusion Certification. Under Section 1116 (a) (1) of the New York State Tax Law, the Town of Queensbury is exempt from payment of sales and compensating use taxes and such taxes shall not be included in the bid. No bidder may withdraw his bid within 45 days after the actual date of the opening thereof. Non-discrimination in Employment: Bidders on this work will be required to comply with the President' s Executive Order No. 11246. The requirements for Bidders and Contractors under this order, which concerns Non- discrimination in employment are explained in the specifications. - Bidders are required also to comply with the provisions of Article 15 of the Executive Law (Human Rights Law) of the State of New York. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard Mr. Streeter, Mr. Solomon. Noes: None. Mr. Robillard inquired about the progress being made to install new signal lights at the South Queensbury Firehouse and the West Glens Falls firehouse. Mr. Solomon stated that we do have approval to go ahead with the installat&nns and we are presently trying to get some costs analysis of what it is going to cost for the additional lighting. RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 143, introduced by Mr. Streeter who moved its adoption seconded by Mr. Barber. WHEREAS, it is the intention of this Board to issue a Capital Note to cover the cost of the Capital Improvement to Gurney Lane (Pool filtration etc) and WHEREAS, some expenses should be paid immediately, therefore be it RESOLVED, that the sum of $3,788.80 be transferred from surplus in the 0 O General Fund to the Capital Fund to be repaid upon issuance of the Capital Note. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION N_O. 144, introduced by Mr. Demboski who moved its adoption seconded by Mr. Robillard. RESOLVED, that the Audit of Bills as listed on Abstract 72-8 numbered 974 through 1100 totaling $50,157. 11 is hereby approved. 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. Respectfully submitted, Donald A Chase, Town Clerk Regular Meeting August 24, 1972 Members Present: Lloyd Demboski Councilman Robert Barber Councilman Harold Robillard Councilman Gordon Streeter Councilman Harold Katz Town Counsel The meeting was opened at 8 :05 P.M. with a salute to the flag and was chaired by Councilman Robillard. Mr. Robillard greeted the following persons : Mr. and Mrs. Montemurro Lee Coleman Tom Flaherty Otto Kuhl Floyd Martindale Felix Burch John Rozell Mary Lou Quinn Harold Boynton George Liapes Erwin Bardin Richard Bardin Mr. Ruel Michael Thompson First on the agenda eas a bid opening on Contract 14 - Water Treatment Plant site work and access roads. Proof of advertising was shown by the Clerk. Bids were received from the following: W. J. Bokus Excavating Inc. $ 22 ,200.00 Certified Check Charles 0. Desch, Inc. 2811620.00 Bid Bond Fleetway Contracting Co. Inc. 16 $ 00.00 Bid Bond Gamco Development Inc. 24$ 00.00 Bid Bond Wm. J. Keller and Sons Const. 18000.00 Bid Bond John Kubricky and Son, Inc. 14,999.99 Bid Bond Howard A LaRose 23,100.00 Bid Bond Maranville Excavating Co. 15 ,225.00 Certified Check Scott McLaughlin Cont. Inc. 162250.00 Bid Bond D.L. Paro, Inc. 17,100.00 _Certified Check Martin J. Rogers 12,000.00 Bid Bond The bids were turned over to Mr. Otto Kuhl of Joseph Kestner' s office for their consideration. They will make a recommendation to the Board some time next week. Tabled from the last meeting was the mobile home application of Marie Kelly. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 145, introduced by Mr. Demboski who moved its adoption seconded by Mr. Streeter.