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1971-04-29 SP i29 Special Meeting April 29, 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 8:04 P.M. The following visitors were greeted by the Supervisor: Mr. & Mrs. Edward F. Whiting Jr. Iry .Dean Pliney Tucker Mary Lou Quinn Kip Grant Robert Jones The public hearing on a resolution to raise the income limit from $3,000 to $4,000 fora partial tax exemption of real property owned by certain persons with limited income who are sixty-five years of age or over was opened at 8:05 P.M. Proof of publication was shown by the Clerk. The ordinance was read by the Clerk. Besides the limited income requirement, the owners of the property must be over 65 and they must have owned the property for the previous I five years to be eligible for the partial exemption. Pliney Tucker said he was not against the old people but he felt that somewhere along the line somebody has got to start thinking about the guy who has to pay these taxes. Supervisor Solomon stated that these people are home- owners and not on welfare: They are self-supporting and paying their own way and not a burden on the community. The hearing was closed at 8:14 P.M. RESOLUTION No. 94, introduced by Mr. Solomon, who moved its adoption, seconded by Mr. Austin. 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. 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, the Town Board of the Town of Queensbury desires to amend the existing ordinance entitled "AN ORDINANCE PROVIDING FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH LIMITED INCOME WHO ARE SIXTY-FIVEYEARS OF AGE OR OVER, PURSUANT TO SECTION 467 OF THE REAL PROPERTY TAX LAW OF THE STATE OF NEW YORK" to conform to Section 467 of the Real Property Tax Law of the State of New York, as amended, with respect to the increased exemption; and WHEREAS, by Resolution No. 91 of 1971 said Town Board of the Town of Queensbury caused the Town Clerk of the Town of Queensbury to pub- - lish and post notice of a public hearing to be held at the Town Office Building in said Town of Queensbury on April 29, 1971 at 8:00 o'clock P.M. , D.S.T. , to consider the adoption of the amendment to said resolu- tion; and WHEREAS, the said public hearing was duly held and those in favor and those opposed to such resolution were duly heard, and due delibera- tion having been had; 180 Now, on motion duly made and seconded, it is hereby RESOLVED, that the Town of Queensbury 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 hereby is 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 vear 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 this resolution shall take effect as provided in Section 133 of the Town Law of the State of New 'fork. Duly adopted this 29th day of April, 1971, by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard; Mr. Robertson and Mr. Solomon. Noes: None The public hearing was opened on the application of Edward F. Whiting, Jr. to locate a mobile home on Minnesota Avenue, West Glens Falls at 8:15 P.M. Proof of publication was shown by the Clerk. Mr. and Mrs. Whiting were present. No one spoke in favor of or against the application. The hearing was closed at 8:17 P.M. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION No. 959 introduced by Mr. Austin, who- moved- its adoption, , seconded by Mr. Demboski. 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 QUEENSBURY2 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, and WHEREAS, this town board has conducted a public hearing in con- nection 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 author- ize the issuance of the permit requested by said application, for the following reasons: There were no persons in appearance in opposition to granting the permit, there was sufficient hardship shown, and the application had the approval of the Building Inspector, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Edward F. Whiting, Jr. of R.D. #1, Sunnyside East, Glens Falls, N.Y. to locate a mobile home outside of a licensed mobile home court, at property situated at Minn- esota Avenue, Town of Queensbury, N.Y. and that the Town Clerk is- here- by 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 I _ _. -- _ Proof of publication was shown by the Clerk for bid opening to be held on April 29, 1971 for the installation of a new Signal Light at the Queensbury Central Firehouse on Aviation Road. One bid was received from Brown Brothers Electrical Contractors Inc. of Glens Falls, N.Y. The following bid was opened and read by the Clerk: BROWN BROTHERS ELECTRICAL CONTRACTORS INC. Cor. Lawrence & Cooper Sts. , P.O.. Box 592, Glens Falls, New York 12801 April 29, 1971 Queensbury Town Board Town Office Building Bay Road Glens Falls, New York Gentlemen: We will furnish all Plant, Labor and Material to install the Fire House Signal, Aviation Road, less Signals, for the sum of $3,200.00 (Three Thousand Two Hundred Dollars) . Very truly yours, Brown Bros. Electrical Contractors Inc. Vernon L. Brown President The Non-Collusion Certificate was attached. The bid was to be referred to Carl Garb, Superintendent of Highways, for his recommendations and would be tabled until next week. Supervisor Solomon stated that Attorney Harold Katz had been working on a 26-page ordinance which would regulate gatherings of more than 500 persons. It is.Usically the same as the state law which regulates gatherings of more than 5,000. That law came out of the Legislature after the famous "Woodstock" rock festival. He said this ordinance was being considered because of rumors of some things that might come to pass this summer. He said the adoption of the ordinance would not come before the board holds more workshop sessions to iron out its provisions. The following letter was read by the Clerk: WILLIAM A. BACAS Attorney At Law 182 Ridge St. Glens Falls, New York April 26, 1971 Town Board Town of Queensbury Town Hall Bay Road Glens Falls, New York Attention: Hon. Gerald B. Solomon Chairman Re: zoning application Joseph White Dear Mr. Solomon: Please be advised that I have been authorized and directed by -A- my client, Joseph White of Cliffside, New Jersey, to withdraw his application for rezoning on premises located on the easterly side of Ridge Road in the Town of Queensbury, Warren County, New York. This matter was scheduled for a public hearing before your board this coming Thursday, April 29, 1971, at 8 p.m. at the Town Hall, Town of Queensbury, Warren County, New York. I trust this letter will serve as sufficient revocation of our application. - If -I am mistaken, kindly advise. Very truly yours, a WABjbc William A. Bacas cc H. Glen Caffry Supervisor Solomon said he informed Mr. Bacas that the letter was sufficent for the revocation of the application for rezoning for Mr. Joseph White. It was announced that Clean Up Week would be held in the Town of Queensbury from May 3 to May 7th. A schedule of the routes and times of pickup was furnished by the Highway Department. The following letter was read by the Clerk: From: Supervisor April 28, 1971 Town of Queensbury, N.Y. The Queensbury Town Board will hold its final Public Hearing on the establishment of the Queensbury Sewer District on Thursday, May 6th at 8:00 P.M. Supervisor Gerald B. Solomon said the proposed over all district will include approximately all of the Town south of Farm-to Market Rd. with the exception of lands located south of Sherman Avenue. Streets proposed to be served in the initial construction project include: Quaker Road Bullard Avenue Bay Road to College Dixon Court Upper Meadowbrook Dixon Road Route #9 All of Broadacres Lafayette Street Garrison Road Parkview Fort Amherst Road Linden Avenue North Road Northup Drive Present Reservoir Park Sewer District The estimated Tax Rate starting in the year 1975 for properties located adjacent to streets with immediate service will range between $19.00 and $23.00 per thousand of assessed valuation de- pending on the final amount of state and federal aid. The tax rate for properties outside of the immediate service area but within the overall district will be approximately $3.00 per thousand of assessed valuation. The Justice Court Quarterly Statement was placed on file. The application of Margaret Merendino of 17 Central Avenue, Glens Falls, N.Y. to locate a mobile home on 9 Ryan Avenue, Glens Falls, N.Y. was tabled until the May 6th meeting in order to give the board members a chance to look at the property. An application received from Attorney J. David Little on behalf of Chris Drellos for rezoning property situated on the north side of Luzerne Road was referred to the Planning Board for its recom- mendations. An application received from Clark, Bartlett & Caffry on behalf of Broughton Industries for rezoning land near its present manu- facturing operation was referred- to the Planning Board for its recommendations. An application received from Attorney J. David Little on behalf of Gerald Brown for rezoning property situated on the north side of Luzerne Road was referred to- the Planning Board for its recom- menations. Councilman Harold Robillard announced that the State Transportation Department' s proposal to realign Big Boom Road' s interesection with Corinth Road would be eliminating their problem but creating another problem. He asked that the board have the opportunity to meet with state engineers before making any commitment to maintain the road as requested. The meeting was opened to the public. Robert Jones appeared to ask about the necessary steps to see the 55 miles per hour -speed zone on West Mountain Road changed to 40. He complained that vehicles are speeding on the highway and endangering children. Supervisor Solomon reminded him that the road was a county highway and suggested that he contact Fred Austin, County Highway Superintendent. The Sup- ervisor added that previous recommmendations -to the state for a reduced speed limit had been rejected. Pliney Tucker asked about the new assessing system. Supervisor Solomon explained that Queensbury as a "first class town" did not have the option to attain its present assessing system. He said Leon Nassivera, present chairman of the town' s board of assessors, would more than likely become the town' s professional assessor. The Supervisor announced- that the car crusher is back in town at Anderson' s yard on Van Dusen Road. He said the Queensbury Town Police will be surveying the town to follow up a pre- vious tour by the Town Board when numberous apparent violations of the junk car ordinance were discovered. Councilman Robillard noted that the City of Glens Falls would be observing Clean Up Week next week and hoped that the police would maintain surveillance on Luzerne Road where the City landfill is located to make sure that all trucks are covered as prescribed by law. Councilman Robillard suggested the possibility of obtaining radar for the Police Department. Super- visor Solomon stated that the Memorial Day Parade will be held on Monday, May 31st at 10 A.M. . Councilman Robillard stated that he hoped there would be a large turnout on May 6th for the public hear- ing on the Sewer District. The meeting was closed to the public. RESOLUTION TO ISSUE JUNK YARD LICENSE FOR CALENDAR YEAR 1971 RESOLUTION No. 96, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson. WHEREAS, the following applicant has made application to the Town — Board of the Town of Queensbury for the renewal of his Junk Yard License for the year 1971, and said application has been accompanied by the proper fee of $25.00 in accordance with the Queensbury Junk Yard Ordinance as adopted on June 9, 1966. NAME ADDRESS Morgan Combs Van Dusen Road, Glens Falls, N.Y. 12801 WHEREAS, the applicant has agreed to comply with all the provisions of said ordinance, subject to certain conditions therefore be it RESOLVED, that the renewal of the Junk Yard License of the above listed applicant for the calendar year 1971, be and the same is hereby approved, and be it 'further RESOLVED, that the Supervisor is hereby authorized and directed to issue said renewal license and deposit the fee in the General Fund of the Town. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None RESOLUTION TO AMEND APPROPRIATION A3120 RESOLUTION No. 97, introduced by Mr. Robillard, who moved its adoption, seconded by Mr. Robertson. WHEREAS, the Town has been reimbursed in the amount of $220.35 for damage to the police car, $24.28 refunded by the United States Post Office for unused postage of the police department, and $104.50 for payment by court order by an individual for damage to police uniforms and WHEREAS, this sum in the amount of $349.13 has been debited as a previous disbursement from the police account, therefore be it RESOLVED, that the sum of $220.35 be credited to A3120.2 and the sum of $128.78 be credited to A3120.4 thereby increasing the Police Appropriation A3120.2 from $1900.00 to $2120.35 and A3120.4 from $9022.00 to $9150.78. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None RESOLUTION No. 98, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Demboski. --' RESOLUTION FOR THE ISSUANCE OF CAPITAL NOTES TO FINANCE THE PURCHASE OF SNOW REMOVAL EQUIPMENT. WHEREAS, the above-average snowfall in the Town of Queensbury created a problem of snow removal on town roads; and WHEREAS, the Town Board of the Town of Queensbury deemed an emergency situation to exist; and WHEREAS, by resolution No. 60 of 1971, Carl A. Garb, Town Superintendent of Highways, was authorized to purchase a Mercedes Benz Unimog Tractor, Type 406, equipped with a Schmidt Type S-3 PTO Driven Snow Blower with precutter and loading chute for the sum of $17,008.00 from West Mountain Sales; and WHEREAS, delivery of said equipment has been made by West Mountain Sales; and WHEREAS, there is no provision in the current budget for funds to purchase said equipment, be it RESOLVED, that the cost of $17,008.00 for said equipment be paid from proceeds of obligations to be issued pursuant to the Local Finance Law, and be it further RESOLVED: 1. The specific object or purpose for which obligations are to be issued pursuant to this resolution is to finance the cost of the purchase of a Mercedes Benz Unimog Tractor, Type 406 equipped with a Schmidt Type S-3 PTO Driven Snow Blower with pre-cutter and loading chute. 2. The maximum cost of such machinery is $17,008.00, and the plan of financing such cost is as follows: By the issuance of a - capital note in the amount of $17,008.00 pursuant to this resolution. 3. The following determinations are hereby made: (a) The period of probable usefulness of such machinery is five (5) years. (b) The subdivision of paragraph "a" of Section 11.00 of the Local Finance Law which is applicable in the circumstances is subdivision "28". (c) The proposed maturity of the obligations authorized by this resolution will not - be in excess of five (5) years. 4. That the Town of Queensbury issue its capital note in the amount of $17,008.00 to finance such cost in accordance with the financial plan set forth above. Such note shall be dated approximately as of the date of the delivery of such machinery and the power to fix and determine the exact date of such note is hereby delegated to the Supervisor. 5. Such capital note shall be numbered 1 and shall mature in the year 1972. The power to fix and determine the date upon wMch such note shall become due and payable is hereby delegated to the Supervisor. The note shall be issued in bearer form, shall not contain a power to convert to registered form, and shall bear interest at a rate not exceeding four and one-quarter (4k%) percent per annum payable annually. Such note shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF NEW YORK No. 1 County of Warren $179008.00 Town of Queensbury Capital Note of 1971 The Town of Queensbury, in the County of Warren, a municipality of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the bearer of this note the sum of $17,008.00 on the 30th day of April, 1972, together with interest thereon from the date -hereof at the rate of four and one- quarter (4k 7.) percent per annum, payable annually. Both ..principal of and interest on this note will be paid in lawful money of the United States of America at the office of the Glens Falls National Bank and Trust Company, Glens Falls, New York. This note may not be converted to registered form. This note is the only note of an authorized issue in the amount of $17,008.00. This note is issued pursuant to the provisions of a resolution entitled "Capital Note Resolution" duly adopted by the Town Board of such Town of Queensbury on April 29, 1971. The faith and credit of such Town of Queensbury are hereby irrevocably pledged for the punctual payment of the principal of and interest on this note according to its terms. It is hereby certified and recited that all conditions, acts and things required by the ConstitutLon and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this note, together with ,all other indebtedness of such Town of Queensbury, is within .every -- debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Queensbury, New York, has caused this note to be signed by its Supervisor, and its corporate seal to be hereunto affixed and attested by its Town Clerk and this ISO �L';SO note to be dated as of the 30th day of April, 1971. Town of Queensbury, New York (Town Seal) byGe_rald B. Solomon its Supervisor Attest: Donald A. Chase Town Clerk of the Town of Queensbury, New York 6. The Supervisor is hereby delegated the power to prepare. such note and to sell such note at private sale at not less than par and accrued interest, and at such sale to fix the interest rate to be borne by such note within the limitations set forth in this resolution. The Supervisor shall deliver such note to the purchaser thereof only against cash or a certified check. The proceeds of sale of the note shall be deposited in the High- way Machinery Fund account. The powers delegated to the Super- visor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 7. This resolution shall take effect immediately. Duly adopted this 29th day of April, 1971, by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None RESOLUTION NO. 99, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Robillard. WHEREAS, the water supply problem in the Town of Queensbury continues to be critical and a state of emergency is deemed to _ exist, and WHEREAS, Joseph A. Kestner, Jr. , licensed engineer, and Thomas K. Flaherty, Superintendent of Water Department, have informed this Board that the flow of water into the town wells can be improved and the water yield of said wells increased by the installation of an Aquadene system, and WHEREAS, R. E. Chapman Company has been solicited and has advised that the cost of installing said Aquadene Feeder System and a 2k" observation well would be $5699.00 and has agreed to perform said services immediately since said emergency conditions do exist, be it RESOLVED, that a state of emergency does exist and the Town Supervisor be and he hereby is authorized to enter into a con- tract with R. E. Chapman Company to install an Aquadene Feeder System and 2'k" observation well in the Town of Queensbury well field for an amount not to exceed $5699.00, said sum to be paid from current funds of the Town of Queensbury Water Department. Duly adopted this 29th day of April, 1971, by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None Supervisor Solomon said there was a possibility of having a public hearing on the Filtration Plant in mid June. 187 RESOLUTION TO ADVERTISE FOR BIDS ON A USED 10 to 12 TON THREE WHEEL ROLLER , NO OLDER THAN A 1964 MODEL. RESOLUTION No. 100, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Demboski. WHEREAS, the Town of Queensbury Highway Department has recommended that we purchase a Used 10 to 12 Ton Three Wheel Roller, therefore be it RESOLVED, that the Town of Queensbury solicit sealed bids for the purchase of a Used 10 to 12 Ton Three Wheel Roller and that the following notice be published once in the official Town Newspaper `— 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 a USED 10 to 12 TON THREE WHEEL ROLLER NO OLDER THAN 1964 MODEL, up to 5 :00 P.M. on the 13th day, of May, 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 THREE WHEEL ROLLER 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 delivery. The Town Board will meet at the Queensbury Town Office Building, at 8:00 P.M. on the 13th day of May, 1971, at which time the bids will be opened and read aloud. The Town Board reserves the right to reject any or all bids. By order of the Town Board. Dated April 29, 1.971 Donald A. Chase Town Clerk 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