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1971-04-15 Regular Meeting April 15 , 1971 Present : Gerald B. Solomon Supervisor Lloyd Demboski Councilman John D. Austin, Jr. Councilman Harold Robillard Councilman Hammond Robertson, Jr. Councilman Attorney Harold Katz was present. The meeting was opened with a salute to the flag at 8 :06 P .M. The following visitors were greeted by the Supervisor: George Liapes Mr. William Richardson LeRoy Phillips Thomas Philo George Ladd Chris Liapes Mr. Pollock Henry Lalonde Robert Barber Frank Kenny Mr. & Mrs. O' Sick Pliney Tucker Mrs. Whiting Edward Waters Carl Garb Walter Baker Kip Grant Mr. & Mrs. Donald Hunt Florence McIlvaine Mr. Milton Lounsbury Joseph J. Whitlock John E. Einzigg Mr. & Mrs. Hubert Brewington The public hearing on a resolution to establish an ordinance entitled "Electrical Inspection Ordinance01 was opened to the public at 8 :07 P.M. Proof of publication was shown by the Clerk. The ordinance was read by the Clerk. Mr. Solomon introduced Mr. Milton Lounsbury, Chief Electrical Inspector of the Board of Fire Underwriters; Mr. Joseph J. Whitlock, Assistant Branch Manager; and Mr. John E. Einzig, Queens- bury Inspector. Several question were answered by Mr. Lounsbury from Mr. William Richardson and Mr. Thomas Philo. Councilman Robertson said the ordinance will be a protection against incompetent installa- tions and that wiring causes more problems tha p cqe care to admit. The hearing was closed at 8:18 P.M. The public hearing on a resolution to amend Sections 4, 5 and 7 of Ordinance No. 10 entitled "Ordinance Relating to the Use of the Town Dump and Licensing of Truckmen in the Town of Queensbury, Warren County, N.Y." was opened to the public at 8 :19 P.M. Proof of publication was shown by the Clerk. The ordinance was read by the Clerk. George Ladd of Ladd ' s Trucking said he had no complaints about the new fees as long as they were enforced fairly. He suggested a special area for truckers to avoid waiting time. Attorney Michael O'Connor thought demolition contractors should not be singled out for special regulation. Mr. Thomas Philo and Mr. Robert Barber also com- mented on the landfill problem. The hearing was closed at 8:50 P .M. The public hearing on the application of Howard O' Sick to locate a Mobile Home on Burch Road , Town of Queensbury was opened to the public at 8 :51 P.M. Proof of publication was shown by the Clerk. Mr. and Mrs. Howard O' Sick were present. No one spoke in favor of or against the appli- cation. The hearing was closed at 8 :53 P.M. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION No. 85 , introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robillard. 1l WHEREAS, Howard Ronald O' Sick of RD #3, Mallory Avenue, Glens Falls, New York, 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 outside of a duly licensed mobile home court at pro- perty situated Burch Road, Town of Queensbury, New York , 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, for the following reasons: There were no persons in appearance in opposi- tion to granting the permit, .there wa.s sufficient hardship shown, and the application had the approval of the Building Inspec-tor, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Howard Ronald O' Sick of RD #3, Mallory Avenue, Glens Falls, N.Y. to locate a mobile home outside of a licensed mobile home court, at property situated at Burch Road, Town of Queensbury, N.Y. and the Town Clerk 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. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes : None The public hearing on the application of Donald Hunt to locate a Mobile Home on Big Bay Road, Town of Queensbury was opened to the public at 8 :54 P.M. Proof of publication was shown by the Clerk. Mr. and Mrs. Donald Hunt were present. No one spoke in favor of or against the appli- cation. Councilman Robertson said the effect on surrounding pro- perty was his principal criterion for granting or denying applica- tions and he felt the Big Bay Road area, near the river, holds promise of desirable future development and to grant one mobile home permit would be to invite others and eventually to degrade values. Supervisor _Solomon said he agreed 100 per cent but felt that because of the condition of the present building the new Mobile Home would be a big improvement and therefore he would vote "no" on the resolution to disapprove the application. The hearing wasclosed at 9:00 P.M. RESOLUTION TO DISAPPROVE APPLICATION FOR PERMIT TO LOCATE MOBILE HOME IN THE TOWN OF QUEENSBURY RESOLUTION No. 86, introduced by Mr. Robertson, seconded by Mr. Robillard. WHEREAS, Donald Hunt of R.D. #3, Luzerne Road, Town of Queensbury, N.Y. has made application to this Board for a permit to locate a Mobile Home at property situated. at Big B,ny Road, Town of Queens- bury, N.Y. and owned by Donald Hunt, and WHEREAS, upon proper investigation it appears that the applicant has complied with all of the requirements of the Ordinance Regula- tions relating to Mobile Homes in the Town of Queensbury, therefore be it RESOLVED, that because it was felt that this area holds promise of 22 desirable future development and to grant one mobile home permit would be to invite others and eventually to degrade values, and because it had the disapproval of the Building Inspector, there- fore be it futher RESOLVED, that the application of Donald Hunt be and is hereby disapproved and that the Town Clerk is hereby directed to notify Donald Hunt of the decision of this Board. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard and Mr. Robertson. Noes : Mr. Solomon. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION No. 87, introduced by Mr. Robillard, who moved its adoption, seconded by Mr. Austin. WHEREAS, Edward F. Whiting, Jr. of R.D. #1, Sunnyside East, Glens Falls, N.Y. 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 outside of a duly licensed mobile home court at property situated Minnesota Avenue, Town of Queensbury, N.Y. , 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 April 29, 1971, at 8 :00 P.M. in the Queensbury Town - Office Building, Bay Road, and that the Town Clerk is hereby author- ized 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. .Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes : None The application of Hubert Brewington of Buttermilk Falls Road, West Fort Ann to locate a Mobile Home on Lot No. 9, Warren Lane, Town of Queensbury was tabled until this subdivision is approved. The Councilmen visited this area and said the road has come no- where near the specifications for acceptance. People on the road expect a town road and town services and- we can'.t provide services. They also found illegally placed trailers on the road and notified the Police Department and instructed the Building Department to ac- cept no more application for this area until the subdivision has been accepted. Mr. Brewington said he had already made a down payment on a mobile home and had signed a deed for the lot. RESOLUTION TO ADVERTISE FOR BIDS ON THE -INSTALLATION OF A NEW TRAFFIC LIGHT AT THE QUEENSBURY CENTRAL FIREHOUSE ON THE AVIATION ROAD - RESOLUTION No. 88, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Demboski. WHEREAS, the Queensbury Central Fire Department has recommended that a traffic light be installed in front of their firehouse on Aviation Road, therefore be it RESOLVED, that the Town of Queensbury solicit sealed bids for the installation of said light and that the following notice be published once in the official town newspapers to read in the following form: NOTICE TO BIDDERS Notice is hereby given that the Town Board of the Town of Queensbury will receive sealed proposals on the installation of a new Signal Light at the Queensbury Central Firehouse on Aviation Road, Glens Falls, New York, up to 5 :00 P .M. on the 29th day of April, 1971, at the Town Clerk' s Office in the Queensbury Town Office Building, Bay and Haviland Roads, Glens Falls, New York. Bids must be submitted in sealed OPAQUE envelopes plainly marked TRAFFIC SIGNAL BID and there shall be included in such bid the certificate of Non-Collusion required by Section 103D of the General Municipal Law and the bidder must state the approximate date of in- stallation. The Town Board will meet at the Queensbury Town Office Building at 8 :00 P.M. on the 29th day of April, 1971, at which time the bids will be opened and read aloud. A copy of the detailed specifications for the installation may be obtained during the office hours at the office of the Town Clerk in the Queensbury Town Office Building. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes : None The meeting was opened to the public. Walter Baker of Park Avenue informed the board of four problems in his area; A continuous flow of water that he said could be solved by a small ditch connecting to a catch basin, need for additional crushed stone covering the excavation for the water line, and a piece of steel protruding from the pavement in front of his house that is a menace to tires, and a sidewalk that was fractured by either a town or county plow. Supervisor Solomon said he would look into these problems. Mr. William Richardson said he was back with the same old complaint, the failure of Zayre development to plant a buffer zone. He com- plained that the planted buffer zone upon which, in his interpre- tation, rezoning was contingent, has not been planted as promised three years ago. Mr. Solomon maintained that no building has taken place on the area that was rezoned from residential to commercial and said no permits will be granted until the buffer is planted. There were a number of comments about unsightly litter in this area. Supervisor Solomon said he would check on this planted buffer and inform Mr. Richardson of his findings. Supervisor Solomon said anticipated cutbacks in state aid of between $40,000 and $50,000 will create serious budget problems for the Town of Queensbury this year. He indicated that aid reductions would hit at least three programs : Paving of new streets, beautification and recreation. The meeting was closed to the public. RESOLUTION TO ESTABLISH AN ORDINANCE ENTITLED "ELECTRICAL INSPECTION ORDINANCE". RESOLUTION No. 89, introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Robillard. WHEREAS, the Town Board deems it necessary to establish an Electrical Inspection Ordinance to go along with the newly adopted State Building Code, 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 15th day of April, 1971, 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, that following; Electrical Inspection Ordinance be adopted by the Town of Queensbury. t Section 1- ELECTRICAL INSPECTOR: The Chief Inspector, and each of the duly appointed Inspectors of the New York Board of Fire Under- writers are hereby authorized and deputized as agents of the install- ations heretofore and hereafter described, and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections and reinspections be a charge against the Town of Queensbury. Section 2- DUTIES OF THE ELECTRICAL INSPECTOR: It shall be the duty of the Inspector to report in writing to the Chief Building Inspector, whose duty it shall be to enforce all provisions of this Code, all violations or deviations from or omissions of the electrical provisions of the Building Code applicable to the Town of Queensbury and of all local laws, Ordinances and the Building Code as referred to in this Ordinance insofar as any of the same apply to electrical wiring. The Inspector shall make inspections and reinspections of electrical installations in and on properties in the Town of Queensbury upon written request of an authorized official of the Town of Queensbury, or as herein provided. The Inspector is authorized to make inspections, and reinspections of electrical wiring, installations, devices, appli- ances, and equipment, in or on properties within the Town of Queens- bury where he deems it necessary for the protection of life and pro- perty. In the event of an emergency, it is the duty of the Inspector to make electrical inspections upon the oral request of an official or officer of the Town of Queensbury. It shall be the duty of the Inspector to furnish written reports to the proper officials of the Town of Queensbury and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection. He shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with this Ordinance. He shall direct that a copy of the certificate of compliance be sent to the Town of Queensbury to the attention of the Building Inspector. Section 3- VIOLATIONS OF THE ORDINANCE: Itshall be a violation of this Ordinance for any person, firm, or corporation to- install or cause to be installed, or to alter electrical wiring for light , heat or power in or on properties of the Town of Queensbury until appli- cation for inspection has been filed with the New York Board of Fire Underwriters. It shall be a violation of this Ordinance for a person, firm, or corporation to connect or cause to be connected electrical wiring in or on properties for light, heat, or power, to any source of electrical energy supply, prior to the issuance of a temporary certificate, or a certificate of compliance by the New York Board of Fire Underwriters, Section 4- This Ordinance will take effect 10 days after publication and posting, in accordance with Section 133 of the Town Law. Duly adopted by the following vote: Ayes : Mr. Dembosl<i, Mr. .Austin, Mr. Robillard, Mr. Robertson & Mr. Solomon. Noes : None. it 125 RESOLUTION TO AMEND SECTIONS 4 5 and 7 OF ORDINANCE NO. 10 ENTITLED ORDINANCE RELATING TO TIE USE OF THE TOWN DUMP AND LICENSING OF TRUCKMEN IN THE T014N OF QUEENSBURY, WARREN CO. , N.Y.°t RESOLUTION No. 90, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson. TIHEREAS, the Town Board deems it necessary to amend section 4, 5, and 7 of Ordinance No. 10 entitled same as above, and WHEREAS, the proposed amendments were presented to the Town Board, and, after due notice a public hearing was held thereon by the Town Board on the 15th day of April, 1971, at 5 :00 P.M. , at the Queensbury Town Office Building, Bay and Haviland Roads, Glens Falls, New Yorlr , and that the Town Clerk gave notice of such hearing by publication thereof in the official Town newspapers at least once ten days prior to the date specified for such hearing specifying the time when., and place where such hearing will be held and in general terms describing said proposed amendments , and WHEREAS, all persons were heard both in favor of and opposed to said amendments , therefore, be it RESOLVED, the following section of the ordinance listed above be amended by the Town of Queensbury as follows : Section 4-a. No person engaged in the business of collection of rubbish shall dispose of rubbish at the town dump except rubbish collected in the Town of Queensbury and all trucks or vehicles used to transport rubbish shall be covered by a tarpaulin or other secure cover to prevent littering; and that those persons engaged in the business of collecting and disposing of cesspool contents and sewage shall transport said material in a water-tight container equipped with drainage hose and when using the town dump , will dispose of said material only in exact locations designated by the attendant on duty. b. No person licensed as a commercial hauler shall use the town dumps on Sundays. Section 5-a. No person shall collect rubbish and sewage in the Town of Queensbury for disposal at the town dump unless such person shall possess a license issued by the Town Clerk and shall be valid for the calendar year for which such license is issued. b. The annual fees for such license shall be as follows: 1. Resident Rubbish Collectors- License $50.00; Each truck - $25.00 2. Non-Resident Rubbish Collectors - License $100; Each truck $25.00 3. Demolition and Land Clearing, Contractors, by special permit after prior written approval of the Town Highway Superintendent - License $25.00 plus $10.00 per load. 4. Resident Sewage Haulers- License $50.00 plus $3.00 per load. 5. Non-Resident Sewage Haulers- License $100.00 plus $3.00 per load. These fees shall be paid to the Town Clerk at the time the license is issued. The Town Clerk shall also issue to the person so licensed a distinctive windshield sticker or plate which shall be displayed on each truck or vehicle used by the licensee for the collection of rubbish in the Town of Queensbury for disposal at the town dump , or elsewhere. "Resident", as herein before used is defined as a person, firm or corporation whose principal office is located in the Town of Queensbury. Section 7. This Ordinance shall take effect ten days after its pub- lication and posting in accordance with the provisions of Section 133 of the Town Law. Duly adopted by the following vote : Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson &: Mr. Solomon. Noes : None. 126 Councilman Austin commenting on the foregoing Ordinance stated that the ordinance is one of several controling measures the town has beer' taking to cope with a problem that will continue to grow and he foresaw .further changes in the future. He commended efforts toward reclamation. RESOLUTION TO SET A PUBLIC HEARING ON AN AMENDMENT TO ORDINANCE ENTITLED "AN ORDINANCE PROVIDING FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH LIMITED INCOME WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER PURSUANT TO SECTION 467 OF ; THE REAL PROPERTY TAX LAW OF THE STATE OF NEW YORK RESOLUTION No. 91, introduced by Mr. Solomon, who moved its adoption, E seconded by Mr. Austin. WHEREAS, the New York State Legislature has amended Section 467 of the Real Property Tax Law and has raised the income limit thereunder to $4,000, and WHEREAS, it is the desire of the Town Board of the Town of Queensbury to amend its ordinance entitled "AN ORDINANCE PROVIDING FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PER- SONS WITH LIMITED INCOME WHO ARE SIXTY-FIVE YEARS OF AGE OR OVER, PURSUANT TO SECTION 467 OF THE REAL PROPERTY TAX LAW OF THE STATE OF NEW YORK" to conform to said Section 467 of the Real Property Tax Law of the State of New York, as amended with respect to said $4,000 exemption, NOW, THEREFORE, BE IT RESOLVED, that Section 2(b) of said ordinance entitled "AN ORDINANCE PROVIDING FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH LIMITED INCOME WHO ARE SIXTY-FIVE YEARS OF. AGE OR OVER, PURSUANT TO SECTION 467 OF THE REAL PROPERTY TAX LAW OF THE STATE OF NEW YORK" be, and the same is hereby amended to read as follows: Section 2 • (b) •The income of the owner or the combined income of the owners must not: exceed four thousand dollars for the income tax year immediately preceding the date of making; the application for exemption. Income tax year shall mean the twelve month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year. and be it further RESOLVED, that a public hearing on the proposed amendment to said ordinance be held at the Town Office Building, Bay and Haviland Roads in the Town of Queensbury on Thursday, April 29, 1971 at 8:00 o'clock P.M. at which time all persons desiring to be heard on said amendment shall be heard, and be it further RESOLVED, that notice of such public hearing shall be given by the Town Clerk as made and provided by late. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes : None 127 Settlement of Water Rents from November 1, 1970 to April 30, 1971 Report received from Receiver of Taxes and Assessments placed on file. Activity Report for March 1971 from the Water Department placed on file. Supervisor Solomon announced that the board had received at 7 :00 P .M. tonight the engineering report of Rist-Frost Associates on the proposed sewerage district and is now awaiting the necessary resolu- tion from the bonding attorney in New York City. If the resolution arrives by Monday, he plans to call a special meeting that day to set a public hearing for May 6. Supervisor Solomon announced that Councilman Robillard will be organizer of the Memorial Day parade to be co-sponsored by the American Legion &VFW Posts and the Town. The parade will start at 10 A.M. but as of this time, the date was in doubt because of the new Monday holiday legislation. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION No. 92, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. RESOLVED, that the Audit of Bills as listed on Abstract 71-4 numbered 399 through 534, totaling $24,62.5.26 is hereby approved. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase Town Clerk Special Meeting April 21, 1971 RESOLUTION TO SET PUBLIC HEARING IN THE MATTER OF THE ESTABLISHMENT OF THE QUEENSBURY SEWER DISTRICT RESOLUTION NO. 93, Introduced by Mr. Solomon who moved its adoption, seconded by Mr. Austin.