1972-08-24 i0s
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 NO. 1.44, 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. $ 229200.00 Certified Check
Charles 0. Desch, Inc. 289620.00 Bid Bond
Fleetway Contracting Co. Inc. 16,300.00 Bid Bond
Gamco Development Inc. 24,500.00 Bid Bond
Wm. J. Keller and Sons Const. 189300.00 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. 161250.00 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
i
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.
109
WHEREAS, Maxie Kelly of Maine Ave. has made application with patagraph
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 Maine Ave. 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 ordinance
the town board shall conduct a public hearing on said application on
September 14, 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.
Noes : None.
Absent: Mr. Solomon,
The next mobile home application was also tabled from the last meeting.
RESOLUTION TO AUTHORIZE PUBLIC HEARING
RESOLUTION NO. 146, introduced by Mr. Streeter who moved its adoption
seconded by Mr. Demboski.
WHEREAS, Arthur Montemurro of Briwood Circle 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 Pinella Road 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 ordinance
the town board shall conduct a public hearing on said application on
September 14, 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.
Mr. Robillard stated that he would vote no because he did not like to see
Mobile homes move out of mobile home parks.
Dulyladopted by the following vote:
Ayes : Mr. Demboski, Mr. Barber, Mr. Streeter.
Noes: Mr. Robillard.
Absent: Mr. Solomon.
Next was an application for a one year permit for a mobile home from
Richard Bardin.
Mr. Demboski wanted the record to show the original ;application was from
Erwin Bardin and he hashad a mobile home located there for the past year
and now the new application is from his son who is working for him on his
farm and if the board approves it will approve with the understanding that
he builds or buys a home but that it is very possible we could ask you
to remove that trailer within one year from granting the permit which
could be as early as tomorrow.
Mr. Richard Bardin stated that it is his intention to build.
Mr. Robillard stated that he voted against the application two weeks ago
because the applicant was not going to be the occupant. Now that this
situation is changed he will vote in favor of the application.
RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME
RESOLUTION NO. 147 , introduced by Mr. Barber who moved its adoption
seconded by Mr. Streeter.
WHEREAS; Richard 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 atEast 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 Richard Bardin
to locate a mobile home 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. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter.
Noes: None.
Absent: Mr. Solomon.
Next was an application to extend for one year- the permit of-Regal
Realty.
John Rozell stated he was against the application-being renewed for
another year.
Mr. Roger Ruel who is the applicant was asked many questions by the
Board in regard to how it was going to be used.
Mr. Rozell gave the history of problems which have arisen because of
this mobile home. For example, the litter in the area and the noise
from the occupants, coming from a home which was used by many young
folks .near the mobile home.
The trailer will be used both as an office and a place to live.
Mr. Demboski asked Mr. Ruel to confirm that he would be the prime occupant
for the next twelve months. If ye can so state than he will approve the
application.
Mr. Barber stated that he recommends approval of this application on the
stipulation that the conditions surrounding the trailer at all times
be proper and no other occupant other than Mr. Ruel occupy this
trailer during the term of residency. If such happens I will recommend V
immediate revocation of the permit.
RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME
RESOLUTION NO. 148, introduced by Mr. Barber who moved its adoption
seconded by Mr. Demboski.
WHEREAS, Regal Realty 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 ODURTS
IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK t6 locate a mobile
home at property situated at Meadowbrook and Cronin Road and
WHEREAS, is 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 Regal Realty to locate a mobile
home at property situated at Meadowbrook and Cronin Roads, 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. Demboski, Mr. Barber, Mr. Streeter, Mr. Robillard.
Noes: None.
Absent: Mr. Solomon.
Next the Board reviewed an application for a mobile home from Michael and
Shirley Thompson
RESOLUTION TO AUTHORIZE PUBLIC HEARING
RESOLUTION NO. 149, introduced by Mr. Demboski who moved its adoption
seconded by Mr. Streeter.
WHEREAS, Michael and Shirley Thompson have made application in accordance
with paragraph 2 (c) Section 4 of an ordinance of the Town of Queensbury
l
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 Ave. 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 ordinance
the town board shall conduct a public hearing on said application on
September- 14, 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. Streeter-, Mr. Robillard.
Noes: None.
Absent: Mr. Solomon.
RESOLUTION TO TRANSFER MONEY TO THE HIGHWAY FUND
RESOLUTION NO. 150, introduced by Mr. Demboski who moved its adoption
seconded by Mr. Streeter.
WHEREAS, there are accumulated funds paid to the Town of Queensbury for
EEA services by the County of Warren in the amount of $1779.86 , and
WHEREAS, this amount was expended by the Highway Department , therefore
be it
RESOLVED, that the sum of $1779.86 be transferred from the General Town
Fund to the Highway Account as folious :
DM 5130.1 $ 1588.60 Personal Services
DM 9030.8 82.63 Social Security
DM 9040.8 39.39 Compensation Insurance
DM 9060.8 69.24 Hospitalization
thereby increasing these appropriations by said amounts.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Streeter, Mr. Robillard.
Noes: None.
Absent: Mr. Solomon.
A letter from Thomas K. Flaherty , Water Superintendent was read by
Mr. Robillard requesting permission to send two members of the Water
Dept. to a Plant Operator' s Training School to be held October 18 and
19 in Poughkeepsie, New York.
RESOLUTION TO AUTHORIZE ATTENDANCE AT TRAINING SCHOOL
RESOLUTION NO. 15131 introduced by Mr. Robillard who moved its adoption
seconded by Mr. Demboski.
WHEREAS, Thomas K. Flaherty, Superintendent of the Water Department has
requested the Board to allow two members of the Water Dept to attend a
Plant Operator' s Training School to be held in Poughkeepsie, New York on
October 18 and 18 , 1972 , therefore be it
RESOLVED, that two members of the Water Dept be allowed to go to the
above mentioned school at a registration fee of $50.00 per person and
that all other actual and necessary expenses incurred in such attendance
be a proper town charge.
-� Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Streeter, Mr. Robillard.
Noes: None.
Absent: Mr.' Solomon.
The meeting was declared open to the public.
Mr. John Rozell again took the floor and complained about the noise the
sewage disposal unit was making in his neighborhood. Building Inspector
George Liapes agreed with Mr. Rozell that this is a noisy unit and that
it would keep you awake at night and that this was a legitimate complaint.
This unit belongs to the Regency Apartments and the superintendent of
the Buildings Mr. Roger Ruel explained to the board that muffler units
are ready to be put on as soon as the construction staff is back from
vacation. He stated that they should be installed by Monday.
112
The Board moved to investigate the matter of the noise and report the
situation of the unit being 75 feet from the road to the New York State
Department of Health.
The Board received a letter from Coulter and McCormack Land Surveyors
requesting a zOning change in the Weeks Road area. The Board reminded
Coulter and McCormack that the Planning Board must approve the 47 lot
subdivision submitted by Moonbound property Co. before the Town Board
can change the zoning. If they approve the Board will hold the necessary
public hearing. The change will be fro. a C-1 to an R-1 zone.
A special meeting of the Town Board was set for September 7 to open k
bids for the South Queensbury Water Extension and also unveil P hase
2 of the new water treatment plant that will take water from the Hudson
River and filter it for use in Queensbury.
l'
1I a Q�
/ T
Introduced by-Mr.12a-v, �
who moved its adoption.
f
Seconded by Mr.
WHEREAS , divers and numerous complaints have been
0a received from residents of the Town of
Queensbury calling atten-
Lion to unfair business practices of transient or itinerant F
9 i
merchants, and
f
WHEREAS it is
provided by Article 9, Section 136 of
the Town Law and Article 5, 'Section '85 of the General Municipal
lLaw that the Town Board may enact ordinances'
rules and regula-
tions relating to the conduct of a transient
`re
tail busi.ness ,, and
WHEREAS , this Town Board deems it necessary to promote o
the public 'welfare and rotect the in
J
P habitants of the Town of i
1Queensbury :from unfair business practices of transient retail
� businesses ,`,.and
WHEREAS , Section 130 of the Town Law and related
statutes of of the .State of New York require a public hearing upon
all proposed ordinances ,` upon due notice as provided for therein,
be it
RESOLVED, that a public hearing upon the following
R
proposed Ordinance Regulating Transient or Itinerant Merchants
be held at the Town Office Building in the Town of Queensbur at
y
8:00 o'clock P.M. on the -� ay of September, 1972 , and that
" the Town Clerk give notice of such hearing by pub
lication y
'b a -
notice thereof in the Glens Falls Post-Star and Times and the Tri- !
i
County News once at least ten days prior to the date specified for
11such hearing, specifying the time
Y g when and place where such
k Jhearing will be held and in general terms describing g said proposed;
ordinance
S
i
i
"ORDINANCE TO REGULATE
TRANSIENT OR ITINERANT
MERCHANTS IN THE TOWN
OF QUEENSBURY. S
r
BE IT ENACTED AND ORDAINED BY
THE TOWN BOARD OF THE TOWN OF
QUEENSBURY, WARREN COUNTY, NEW s
YORK, AS FOLLOWS :
9
SECTION I. TRANSIENT OR ITINERANT'NiERCHAN,T'S LICENSE.
! A tax shall be levied upon all persons now conducting or
i who may hereafter conduct a transient retail business in a �►
a
the T04m of Queensbury. Such tax shall be based upon the
gross amount of sales , and shall be at the same aggregate
rate as other property, is taxed in the Town for Town, School, 1
dj ✓ ` � County and State purposes . If the rate for the current year
! has not been ascertained at the time the tax herein provided
for is to be paid., the same shall be estimated by the Town j
Clerk. Every_ applicant shall file with the Town Clerk an
application in writing which shall contain such information
as may be requested by the Town Clerk, and
a. The full name and address of each of such persons and
if a corporation, the state under the laws of which
organized, the exact location of its principal office 4
and place of business and the names and addresses of +
its officers .
i
b. The exact nature and location of business engaged in by
such person or corporation during the five (5) years
immediately preceding the filing of such statement, and
in the case of a corporation organized less than five (5) 1
years , since its organization.
s
c. The exact location within said Town where such transient
retail business is to be conducted.
d. The- date on which such person, firm or corporation intendo
to begin doing such business within said Town. S
R
}
i
y
9
_2_
i
i
� r
e. The name and address of the landlord from whom the x
premises are rented.
f. A detailed description of the type and kind of goods ,
wares and merchandise to be offered for sale to the
public , together with an itemized statement of the cost
price to the applicant of such goods , wares and mer-
chandise . 5
I g. The place where such stock or merchandise was or is to
be purchased, the manner in which the same was or is
li acquired and the place where such stock or merchandise
k was or is to be acquired.
h. The purpose of the business to be conducted, specifying
whether the same be for the sale only of a particular
' stock of goods , wares and merchandise already acquired
and on the premises , or to be acquired and delivered to
the premises for sale to the public , or whether the
same be for the sale of any particular type or kind of
goods , wares or merchandise to be continued only until
public demand for such merchandise is satisfied, stating
whether it is the intention of the applicant to estab-
lish a permanent place of business within the Town for
the continuing sale to the public of such merchandise .
i SECTION II. DEFINITION.
A,transient retail business , within the meaning of this
Ordinance, is one conducted in a store , hotel , house ,
building or structure , for the sale of retail goods, wares
' or merchandise , excepting food products and which is intended'
to be conducted for a temporary period of time and not
permanently. If the place in which a business is conducted
gyp. .
is rented or leased for a period of six (6) months or less ,
or for a period of six (6) months or more under a lease or t
agreement giving to the applic the option tocancel
such lease on ninety (90) days ' notice or less , to the landlord
with or without penalty; or for the purpose of the sale to the
ii public of a particular stock of goods already acquired and
l� on the premises or for the sale of any particular type or
kind of merchandise to be continued only until public demand
for such merchandise is satisfied, without the intention of !
�f establishing a permanent place of business in the Town for
' :the continuing sale to the public of such merchandise , such
r fact shall be presumptive evidence that the business carried
on therein is a transient business .
D,
Q SECTION III. LICENSE.
It shall be unlawful for any person to conduct a transient
retail business without obtaining a license therefor from
the Town Clerk. Said license shall state the place where
f
-3-
p
,E
P�
the business is conducted and the period of time
by the license. U covered
as a transient Upon filing the application for a
or itinerant merchant, the applicant license
Pay theTown Clerk a fee of Two Hundred Dollars $2 shall s
#
the first Ten Thousand Dollars ($200) for
of said goods , ;wares , and merchandi0se00a
of retail price
fee of One Hundred Dollars and an additional
Thousand Dollars ($100) for each additional Ten
($10 000) `of retail price thereof.
� . i
& SECTION IV. BOND.
Before any such license is issued the applicant
4 with the Town Clerk an approved surety bond inanshall file
less than One Thousand Dollars amount not
bonding company authorized ($1,000) to be executed b
ho a
usiness in r
ize
d
a of
New York, which bond shall be conditioned thathS State li
will faithfully comply with all the provisions such applicant'
Ordinance, of the General Municipal Law in relation this
tax-
ation of transient merchants a ion to tax-
law. Such bond shall be approved nd with all other provisions of,
• form and execution, and the Town ClY the Town Counsel as to
In lieu of any such surety bond erk as to its sufficiency
cash deposit with the Town Clerk ineanPamount may make a
the Town Clerk, which deposit shall be deemed to be fixed by
to the same extent as said surety bond, a surety
such bond shall be `that said transient merchant wition of
and truly perform any and al ill well
within the Town; and more' particulaacts or sales orders made
takes orders for merchandise to be delivered at said merchant
date and accepts payment in part or in full thereforture
deliver said merchandise in a satisfactory r, he will
a period of four (4) months from the date of�saidicontract;
COPY of which contract or sales or
� der with full particulars
is to be delivered to the purchaser at the time of sale.
There shall be no forfeiture in respect to
months limitation where : there is proof that tnon-deli e
due to strike or other extraordinary events very was
of said merchant; however, in such event the bmerchant eupontrol
demand shall promptly return in full the purchaser' Pon
and if he fails so to do the surety will be required to make
restitution under said bond.
SECTION V.
REPORT.
f
Every applicant to whom a license is granted shall each
make a verified written report and file the same with theeek
Town , Clerk, showing all additions to stock, all
during the period covered and at the terminationgOfss sales ,
business shall file a final verified report showing uch j
amount of 'stock and all gross sales . The tax hereintrequired
to be paid shall be made in weekly installments based upon
the gross sales of the revi
P ots week , and at the
terminationA
k
jj
I
i
-4-
i
f
i of such business such applicants shall forthwith pay the
4
balance of such tax computed as herein provided.
I SECTION VI
12 In case any such person, firm or corporation shall fail to
file such verified statements or files incorrect statements
a or fails to pay the tax when the same is due and payable as ?
4 above provided, or shall fail to comply with any and all 1
provisions of this Ordinance, the permit granted such person,
firm or corporation shall thereupon be revoked by the Town 1
Clerk and become null and void, and any person, firm or
corporation failing to pay said tax or failing to obey the
provisions of this Ordinance shall be guilty of a misdemeanor ;
and punishable according to law, as provided by Section 85-a
g of the General Municipal Law.
This Ordinance shall take effect immediately upon publication
gg' and posting as required by Town Law.
t Duly adopted this 24th day of August, 1972, by the j
1Ifollowing vote:
9 AYES : 1 L Q E F►t3 0 5 k) J`^ f� . i3 A R f3 �. N`f(. S"T R EC-
�E/C 4
It o r3
NOES :
. ABSENT:
(1 , foLnM �N
i
tl
f
4
,4 E
i
-5
The police report for the month of July was read by the Clerk and placed
on file.
Councilman Gordon Streeter conveyed a message from Fred Champagne, Director
of the Recreation Commission for the Board and the news media, that the
Gurney Lane Recreation area and pool would be open through the Labor
Day Holiday from 11:00 A.M. until 8:00 P.M.
On motion the meeting was adjourned at 9:15 P.M.
Respectfully submitted ,
Donald A. Chase
Town Clerk
Special Meeting August 31 , 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 called to order at 5 :00 P.M. with a salute to the
flag.
RESOLUTION TO ACCEPT BID ON CONTRACT 14 WATER TREATMENT PLANT SITE
WORK AND ACCESS ROADS
RESOLUTION NO. 153, introduced by Mr. Solomon who moved its adoption
seconded by Mr. Robillard.
WHEREAS, the Town Board of the Town of Queensbury did advertise for
sealed bids on Contract 14, Water Treatment Plant Site Work and Access
Roads and
WHEREAS, a total of 11 bids were received and opened at the August
24th meeting, therefore be it
RESOLVED, that upon the recommendation of Joseph Kestner, Consulting
Engineer of the above project, the Town Board accepts the bid of
Martin J. Rogers of Cambridge, New York, the bid price being $12,000.00.
Duly adopted by the following vote:
Ayes-: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon.
Noes: None.
RESOLUTION TO APPROVE MURRAY HILL LIMOUSINE SERVICE IN THE TOWN OF
QUEENSBURY
RESOLUTION NO. 154, introduced by Mr. Solomon who moved its adoption
seconded by Mr. Barber.
BE IT RESOLVED, that the Town of Queensbury through its Town Board on the
31st day of August, 1972 hereby endorse the application of the Murray
a Hill Limousine Service Ltd. , Montreal, Quebec, Canada to operate a motor
i coach passenger service between Montreal, Plattsburg, Queensbury, Lake
George, Albany and New York City.
RESOLVED, that during the past several years , public transportation in the
Queensbury area has declined, due to the demise of passenger service on the
D & H Railroad, cut backs in service by Mohawk Air Lines, etc. , and the
Queensbury Town Board unanimously vote to have quality service restored to
our area as we are certain the economy will be favorably affected and be
it further
RESOLVED, that approval is herevy given to Murray Hill Limousine Service
to operate in the Town of Queensbury for the purpose of picking up and
discharging passengers.
Duly adopted by the following vote: