1972-09-14 116
of in the town. At locations where there are 100 cars or more there will be
no charge. Other towns in Warren County are already under contract.
RESOLUTION TO ENTER INTO AGREEMENT WITH THE COUNTY FOR THE CLEANUP OF
JUNK CARS
RESOLUTION NO. 157, introduced by Mr. Demboski who moved its adoption
seconded by Mr. Streeter.
This resolution is not available at this time but will be forthcoming from
Town Counsel Harold Katz and will be found on Page, Q
RESOLUTION TO PURCHASE TORRINGTON PROPERTY
RESOLUTION NO. 158, this resolution is not available at this time but will
be forthcoming from Town Counsel Harold Katz and will be found on Page_....___.._
Mr. Solomon announced that September 14' would be the next Town Board meeting.
On motion the meeting was adjourned. 8:41.P.M.
Respectfully submitted,
Donald A.' Chase, Town Clerk
Regular Meeting September 14, 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 at 8:07 P.M. with a salute to the flag.
The Supervisor greeted the following persons:
Kip Grant Mary Lou Quinn Lee Coleman
Mr. Thompson Floyd Martindale Mrs. Teal
Karl Sands Mr. Kelly Mr. Montemurro
Patricia Black Debra Trombley Foster Wadsworth
Francis Fish Mrs. John Keipler
First on the agenda was -a public hearing on whether to adopt an ordinance
entitled: Ordinance to regulate Transient or Itinerant Merchants in the
Town of Queensbury. The hearing opened at 8:09 P.M. , proof of advertising
was shown by the Clerk, parts of the ordinance were read by the Clerk.
There was no one to speak for or against the ordinance. The hearing was
declared closed at 8:16 P.M.
/fu
RESOLUTION TO ESTABLISH AN ORDINANCE ENTITLED, " ORDINANCE TO REGULATE
TRANSIENT OR .ITINERANT MERCHANTS IN THE TOWN OF QUEENSBURY".
RESOLUTION NO. 159, introduced by Mr. Barber, who moved its adoption.
Seconded by Mr. Robillard.
WHEREAS, the Town Board deems it necessary to adopt the above listed
ordinance, and
WHEREAS, a proposed ordinance was presented to the Town Board, and after
due notice a public hearing was held thereon by the Town Board on the
14th day of September, 1972 at 8 :00 P.M. at the Town Office Building,
Bay and Haviland Roads, Glens Falls , New York, and that the Town Clerk
gave notice of such hearing by publication thereof in the official
�— town newspapers at least once_:prior to the date specified for such
hearing, specifying the time when and the place where such hearing
will be held and in general terms describing said proposed ordinance and
WHEREAS, all persons were heard both in favor of and opposed to, therefore
be it
RESOLVED, the above mentioned ordinance be adopted by the Town of
Queensbury as follows:
SECTION I. TRANSIENT OR ITINERANT MERCHAIRT'S LICENSE.
1 �
A tax shall be levied upon all persons now conducting or
� who may hereafter conduct a transient retail business in
the Town of Queensbury. Such tax shall be based upon the
gross amount of sales , and shall be at the same aggregate
ratd, as other property is taxed in thelown for Town School
County and State purposes . If the rate for the current year
I . has not been ascertained at the time the tax herein provided !
for is to be paid, the same shall be estimated by -the Town
Clerk. Every applicant shall file with the Town Clerk an
application in writing which shall contain such information 1
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
and place of business and the names and addresses of
its officers .
b. The exact nature and location of business engaged in by
�4 such person or corporation during the five (5) years '
1
immediately preceding the filing bf such. statement, and I
in the case of a corporation organized less than five (5)
years , since its organization.
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 intend
} 1 to begin doing such business within said Town.
I £ M
\ � 1
-2
, x tltl
f
i
` e. The name and address of the landlord from whom the
premises are rented.
t ' f. A detailed description of the type and kind of goods ,
r wares and merchandise to be offered for sale to the
public , together with an itemized statement of the cost °
S
price to the applicant of such goods , wares and mer-
' chandise `
r F
g. The place where such stock or merchandise was or is to
be purchased, the manner in which the same was or is
acquired and the lace where such stock or merchandise
q p
ra 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 i
{., stock of goods , wares and merchandise already acquired
and on the premises , or to be acquired and delivered to.`
Y ( 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- ? O"'
lish a permanent place of business within the Town for
public of such merchandise .
the continuing sale to the
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
is rented or leased for a period of six (6) months or less , 1
or for a period of ' six (6) months or more under a lease or,
' agreement giving to the applict the option to cancel
such lease on ninety (90) days ' lzotice or less , to the landlord
with or without penalty; or for the purpose of the sale to the
i public of a particular stock of goods already acquired and
lz
on the premises or for the sale of any particular type or
` kind of merchandise to be continued only until public demand
rt for such merchandise is satisfied, without the intention of
establishing a permanent place of business in the Town for
` the continuing sale to the public of such merchandise, such
' fact shall be presumptive evidence that the business carried "
on therein is a transient business .
t
SECTION III. LICENSE.
It shall be unlawful for any person to conduct a transient
retail business without obtaining a license therefor from
E the Town Clerk. Said licen�sshall state the place where {
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i, 4
In
4 4 4 Jt }
a t}
t ;
j' the business is conducted and the period Of by the license . Upon filing the application tfor covered
ias a transient or itinerant merchant, the applicantlshalse
1
IF
r + pay theTown Clerk a fee of Two Hundred Dollars ($200) for
the first Ten Thousand Dollars
j ' ($10,000) of retail price
u of said goods , wares , and merchandise a
fee of One Hundred Dollars nd an additional
' Thousand Dollars ($100) for each additional Ten `
' ,x
($10,000) of retail price thereof.
SECTION IV. BOND.
Before any such license is issued, the applicant shall file
with the Town Clerk an approved surety bond in an
less than One Thousand Dollars amount not
bonding company authorized to do business executed by a
C r,
in the State of
New York , which bond shall be conditioned that such applic
will faithfully comply with all the provisions of this ant '
h
Ordinance, of the General Municipal Law in relation to tax-
5 ^x ation of transient merchants and with all other provisions
• law, o f
may " Such bond shall be approved by the Thwn Counsel as
form and execution, and the Town Clerk as to its sufficienc Y.
In :lieu of any such surety bond, the applicant may make a
cash deposit with the Town Clerk �
in an amount to be fixed by
piaF
the Town Clerk, which deposit shall be deemed to be surety
r to the same extent as said surety bond. The r
r � Such bond shall be that said transient merchant will owell
and, truly perform any and all contracts or sales orders made
+ within the Town; and more particularly; that ifsa '
' id merchant
takes orders for merchandise to be delivered at a future
rf' date and accepts t p payment in part or in full therefor, he will ;
' ! deliver said merchandise in a satisfactory
a period of four (4) months from the dateofosaidlcontractn
copy of which contract or sales order with full particulars
is to be delivered to the purchaser at the time of sale.
There shall be no forfeiture in respect to the four (4)
months limitation where there is proof that non-delivery was
due to strike or other extraordinary events beyond the contro
1
fir ; a
of said merchant; however, in such event the merchant upon
demand shall
promptly return in full the purchaser's deposit;
and if he 'fails so to do the surety will be required to make z
restitution under said bond.
t t,
SECTION V. REPORT. '
Every applicant to whom a license is granted shall each week
make a 'verified written report and file the same with the
Town Clerk, i
showing all additions to stock, all gross sales ,
a p ' during;the period covered and at the termination of such
bu s
siness hall file a final verified report showing the total ;
amount of stock and all gross sales'. The tax herein re g aired
to be paid shall be made in weekly installments based 'uon
�...
the gross sales of the prevb week , and at the termination p a
+
in
a
x i
,
a
4
�y I
� t
i
r
3
of such business such applicants shall forthwith pay the
j babnce of such tax computed as herein provided.
�I SECTION VI.
In case any such person, firm or corporation shall fail to
file such verified statements or files incorrect statements
�i or fails to pay the tax when the same is due and payable as
above provided, or shall fail to comply with any and all
provisions of' this Ordinance , the permit granted such person, } '
firm or corporation shall thereupon be revoked by the Town
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 uilt of a misdemean
g Y or ,
and punishable according to law, as provided by Section 85-a
of the General Municipal Law.
This Ordinance shall take effect immediately upon publication;
and posting as required by Town Law. x
Duly adopted by the following vote:
AYES: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon.
NOES: None.
i
i
I
i7
Next was a public hearing on the mobile home application _of Michael
and Shirley Thompson. The hearing was opened at 8:17 P.M. Proof of
advertising was shown by the Clerk. There was no one to speak against
the application. The hearing was closed at 8:19 P.M.
RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME
RESOLUTION N0. 160, introduced by Mr. Barber who moved its adoption
seconded by Mr. Demboski.
WHEREAS, Michael and Shirley Thompson have made application in accordance
with paragraph 2 Section4(c) 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 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 Michael and Shirley Thompson to locate a
mobile home at property situated at Dawn 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. Robillard, Mr. Streeter, Mr. Solomon.
Noes: None.
Next was the mobile home public hearing for Marie Kelly. The hearing
opened at 8:20 P.M. Proof of advertising was shown by the Clerk. There
was no one to speak against the application. The hearing was closed at
8:24 P.M. The Board indicated to Mrs. Kelly that the application would
probably be approved with the stipulation that the existing cellar be
brought down to ground level
RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME
RESOLUTION N0. 161, introduced by Mr. Robillard who moved its adoption
seconded by Mr. Demboski.
WHEREAS, Marie Kelly has made application in accordance with paragraph
2 (c) Section 4 of an ordinance of the Town of_Queenvbury 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, 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 saaid 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 Marie Kelly to locate a mobile home at
property situated at Maine 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. Robillard. , Mr. Streeter, Mr. Solomon.
`J Noes: None.
Next was a public hearing on the mobile home application of Arthur
Montemurro. The hearing opened at 8:24 P.M. Proof of advertising was
shown by the Clerk. Robert Widrick appeared for the application. Francis
Fish stated that he was neither for or against the application but he
stated that he did not understand the Board' s decisions in granting
permits to some applicants coming from mobile home courts and by the
same token refusing others. There was no one else to speak against the
application. Mr. Robillard stated that in the past he was against this
application because it was a case of mooing from a mobile home park, but
after viewing the road and realizing it was all mobile homes he had
changed his feelings on this particular application. The hearing was
closed at 8:30 P.M.
RESOLUTION TO°AUTHORIZE PERMIT FOR MOBILE HOME
RESOLUTION NO. 162, introduced by -Mr. Demboski who moved its adoption
seconded by Mr. Barber.
WHEREAS, Arthur Montemurro 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 Pinello Road 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 Arthur Montemurro to locate a mobile home
at property situated at Pinello Road 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, Mr. Solomon.
Noes: None.
RESOLUTION TO AUTHORIZE PUBLIC HEARING
RESOLUTION NO. 163, introduced by -Mr. Robillard who moved its adoption
seconded by Mr. Barber.
WHEREAS, Patricia Black 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 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
October 12, 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.
RESOLUTION TO AUTHORIZE PUBLIC HEARING
RESOLUTION NO. 164, introduced by Mr. Robillard who moved its adoption
seconded by Mr. Barber.
WHEREAS, Debra Trombley 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 Rhode Island 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
October 12, 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.
49
RESOLUTION TO AUTHORIZE PUBLIC HEARING
RESOLUTION NO. 165, introduced by Mr. Robillard who moved its adoption
seconded by Mr. Streeter.
WHEREAS, Foster and Devere Wadsworth 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 INTHE TOWN OF QUEENSBURY_ WARREN COUNTY, NEW YORK, to locate a
mobile home at property situated at Rhode Island 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
October 12, 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.
Upon recommendation of Joseph Kestner, Consulting engineer the Board
accepted the bid of John Kubricky and Sons for the installation of mains
and appurtenances in South Queensbury District No. 2. The bid was
$2752788.50.
RESOLUTION TO ACCEPT BID ON CONTRACT NO. 10 SOUTH QUEENSBURY WATER
DISTRICT NO. 2 WATER MAINS AND APPURTENANCES
RESOLUTION NO. 166, introduced by Mr. Robillard who moved its adoption
seconded by Mr. Barber.
WHEREASx the Town Board of the Town of Queensbury did advertise for
sealed.bids on Contract No. 10, South Queensbury Water District No. 2
Water Mains and Appurtenances and
WHEREAS, a total of 10 bids were received and opened at the- September 7th
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 John
Kubricky and Sons of Glens Falls, New York, the bid price being
$275,788.50.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon.
Noes: None.
The monthly reports of the Building Inspector and the Supervisor were
read and placed on file.
The meeting was declared open to the public.
Mrs. John Keipler of Ames Place questioned - the board in relation to when
a dog restraint ordinance might be put into effect, stating that at border
line points in the town, animosity often existed between citizens of
Glens Falls and neighbors in Queensbury due to the different laws in effect
Supervisor Solomon stated that a dog ordinance is definitely under
consideration by the Board but that it could not be enacted on prior to
the necessary budget meetings making allocation for the administration
of the law. Mr. Solomon said that he understood her problem and assured
her the board would do its best to bring about further control.
Mrs. Keipler also expressed coneern of the dangerous situation which
exists at the exits and entrances to the Queensbury Plaza. On this matter
Mr. Solomon pointed out that the State Highway had turned down requests
for a traffic signal at the point of exit and entrance and that the Town
Board had no jurisdiction over the plaza because it is privately owned.
Mr. Solomon directed Mrs. Keipler to certain parties who could put her in
touch with the proper authorities.
Francis Fish made queries as to a piece of equipment being used at the
landfill.
120
Mr. Fish also complained about garbage burning in certain parts of
town. Mr. Solomon commended him. for being observant and assured him
that if the names of the people burning were given to. our Police Dept,
he would see that they would be checked on.
RESOLUTION TO AUTHORIZE ATTENDANCE AT CONFERENCE
RESOLUTION NO. 167, introduced by Mr. Streeter who moved its adoption
seconded by Mr. . Barber.
RESOLVED, that permission is hereby granted to Thomas K. Flaherty, Water
Superintendent, to attend the fall meeting of the American Water Works
Association to be held at Kiamesha Lake at the Concord Hotel, on
October 3, 4 and 5, and that the actual and necessary expenses incurred '
in such attendance is a proper town charge.
Duly adopted bythe following vote:
Ayes: Mr. Demboski, Mr, Barber,, Mr. Robillard, Mr. Streeter, Mr. Solomon.
Noes: None.
RESOLUTION TO TRANSFER IDEA FUNDS TO HIGHWAY AND QUEENSBURY WATER
RESOLUTION NO. 168, introduced by Mr. Demboski who moved its adoption
seconded by Mr. Robillard.
WHEREAS, there are. accumu'lated funds paid to the General Town Fund by
the County of Warren for EEA services and
WHEREAS, $885.85 was expended by the Highway Department and $2175.73
was expended by the Queensbury Water Department, therefore be it
RESOLVED, that these amounts be transferred as follows:
Highway .DM 5130.1 Personal Services $ 794.95
DM 9030.8 Social Security 41.33
DM 9040.8 Compensation 19.87
DM 9060.8,Hospitalization 29.70
Queensbury Water SW1 8340.1 Personal Service 1979.34
SW1 9030.8 Social Security 102.92
SW1 9040.8 Compensation 39.59 -
SW1 906Oo8 Hospitalization 53.88
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,
Supervisor Solomon announced that the Board expected to have contracts
prepared for bid for the transmission mains to be installed along Corinth
Road -and West Mountain Roads around September- 21st.
Also the Board will meet.-several evenings next week to discuss the 1973
budget with department heads.
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION NO. 169, introduced by Mr. Demboski who moved its adoption
seconded by Mr. Robillard.
RESOLVED, that the Audit of Bills as listed on Abstract 72-9 numbered
1101 through 1238 totaling $ 24,669.98 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
RESOLUTION NO. 141, Introduced by Mr. Robillard, who moved its 121
s4dpin. Seconded ; Qembn ski.,., -a a ,,
5 `i `wa's `reported to'"this hoard-'that `certain buildings situate
on West Howard Street in the Town of Queensbury, Warren County, New Work,
were in a condition dangerous and unsafe to the public , and whereas,-
Harold Boynton, Assistant Building Inspector for the Town of Queensbury
was duly appointed to make an inspection of such buildings and report
thereon to this Board, and
WHEREAS, such inspection was duly made and the said Harold Boynton,
Assistant Building Inspector for the Town of Queensbury, has reported
to this Board that the said buildings are in such dilapidated condition
and so situate that they or parts of them will fall in the near future
unless the same are removed or repaired, and said
WHEREAS, it appears from the report -of such person that the buildings
are unsafe and dangerous to the public and a public nuisance, and
WHEREAS, it appears that James Van Guilder and Clara Van Guilder, his
wife, are the owners of the said buildings, now,therefore, be it
RESOLVED AND ORDAINED, that the said James Van Guilder and Clara
Van Guilder, his wife, the owners of said buildings, either remove the
said buildings, or put the same in a good state of repair, and that
they commence such removal or repair within five days after the
receipt of the notice hereinafter mentioned, and that they thereafter
diligently continue with such removal or repair to the end that the
same be completed within two months after receipt of such notice; further
be it
RESOLVED AND ORDAINED, that the Town Clerk, pursuant to and in the manner
authorized by Town Law, Section 130, Subd. 16, subpar. b. , shall forthwith
cause to be served upon said owners a notice in writing containing a
description of the premises, a statement of the particulars in which the
buildings are unsafe or dangerous and a further statement ordering them
to make the same safe and secure or to move the same as hereinbefore
set forth; further be it
RESOLVED AND ORDAINED, that,in the event of the neglect or refusal of
the said owners to comply with the aforesaid notice, a survey of the
premises shall be made by George g. Liapes, Building Inspector for the
Town of Queensbury, and Hammond Robertson, Jr. , Engineer, -hereby appointed
and designated for such purpose, and by a practical builder, engineer, or
architect to be appointed by said owners, and that inthe event of the
failure or refusal of said owners to appoint such a person to act in
their behalf, or in the event of the failure of the person appointed
by them to;;act, the survey shall be made by persons appointed as
aforesaid by this Town Board; that the practical builder, engineer,
or architect to act for the said owners shall be designated by the
said owners within ten days after the service of the notice upon them
and such owners shall within such time notify the undersigned Town Clerk
of the name of the person so designated and such person shall at all times
be expected to cooperate with the -Inspector and engineer named by this
Town Board as aforesaid; be it further
RESOLVED AND ORDAINED, that the inspector and engineer named as aforesaid,
and the builder, engineer or architect named by said owners, if ra med
and acting, shall upon completion of such survey report in writing to
the said Town Board, and in the event that the said buildings are reported
unsafe or dangerous by said persons or a majority of them, an application
will be made at a -Special Term of the Supreme Court in the judicial
district in which the property is located, such term to be designated
by the Town Clerk, for an order determining that the said buildings are
a public nuisance and directing that they be repaired or secured or
taken down or removed as the Court may determine; be it further
RESOLVED AND ORDAINED, that a report of the survey on the buildings
signed by the persons making the report, and setting forth in full their
findings with respect to the buildings and the compensation of such
surveyors, be posted by the Town Clerk upon the said buildings within five
days after receipt of such report by the Town Clerk; and be it further
RESOLVED AND ORDAINED, that all costs and expenses incurred by the Town in
connection with the proceedings to remove or secure said buildings, includir
the compensation of the surveyors and the cost of repair or removal, shall
be assessed upon the land upon which the same stand; and be it further
RESOLVED AND ORDAINED, that notice of all the foregoing shall be given in
writing to the said owners by the Town Clerk.
Duly adopted this 10th day of August, 1972 by the following vote:
AYES: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon.
NOES: None.