1970-09-24 498
Regular. Meeting September 24, 1970
Present : Gerald B. Solomon Supervisor
Lloyd Demboski Councilman
John D. Austin, Jr. Councilman
Harold Robillard Councilman
Hammond Robertson, Jr. Councilman
Attorney Harold Katz was not present.
The meeting was called to order at 8 :00 P.M.
The following visitors were greeted by the Supervisor:
J. David Little Pliney Tucker
Mr. & Mrs. Leo Mayette Mrs. John B. Dunlavey
Mr. & Mrs. Joseph L. Cutter Mrs. Joseph Mcllvaine
Edward. Waters , Dog Warden Joseph Mcllvaine
Mr. & Mrs. Walter H. Robinson Mr. & Mrs. C. M. Gray
Mrs. Lynn LaBarge James J. Coclanis
Mrs. C.A. Lewis Mr. & Mrs. R.E. McCarthy
W. T. Robinson Robert V. Kelly
William G. Maurer Dick Conners
Carol Liapes Thomas Gorman
Vitalise Charlebois Burton Brilling
Mrs. John L. Haanen, L.W.V. Larry Barker
Max Schenk George Liapes
The public hearing on the application of Carol Liapes to locate a
Mobile Home on Lot 16 , Warren Lane, Town of Queensbury, N.Y. was
declared open at this time.
r
r
Proof of publication was presented by the clerk.
of
Mrs. Carol Liapes was present. No one spoke in favor/or in opposition
to the application. The hearing was closed at 8:05 P.M.
The public hearing on the application of Joseph L. Cutter to locate a
Mobile Home on Lot 50, Warren Lane , Town of Queensbury, N.Y. was
declared open at this time.
Proof of Publication was presented by the clerk.
Mr. & Mrs. Joseph L. Cutter were present. No one spoke in favor of or
in opposition to the application. The hearing was closed at 8 :07 P.M.
The public hearing on the application of Mr. & Mrs. Leo J. Mayette to
locate a Mobile Home on Warren Lane, Town of Queensbury, N.Y. was declared
open at this time.
Proof of Publication was presented by the clerk.
Mr. & Mrs. Leo J. Mayette were present. Mr. Joseph L. Cutter spoke in
favor of the application. No one spoke in opposition to the application.
j The hearing was closed at ,8 :09 P.M.
RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME
RESOLUTION No. 215, introduced by Mr. Austin, who moved its adoption,
seconded by Mr. Demboski.
WHEREAS, Carol Liapes of 217 Dix Avenue , Hudson 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 REGULA-
TION 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 Lot 16, W-'-en Lane,
Town of Queensbury, N.Y. , and y
j 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
499
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
opposition to the granting of the permit. There was sufficient
hardship shown and the application was approved by the Building
Inspector, therefore be it
RESOLVED, that pursuant to the provisions of the above mentioned
ordinance, p e rmission is hereby given to Carol Liapes of 217 Dix
Avenue , Hudson Falls , N.Y. to locate a mobile home outside of a
licensed mobile home court, at property situated at Lot 16 , Warren
Lane, Town of Queensbury, N.Y. , and that 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
RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME
RESOLUTION No. 216 , introduced by Mr. Austin, who moved its adoption,
seconded by Mr. Demboski.
WHEREAS, Joseph L. Cutter of R.D. #3, Burch Road, Town of Queens-
bury, 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 at Lot 50, Warren
Lane, Town of Queensbury, N.Y. , and
WHEREAS, this town board has conducted a public hearing in con-
f
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
x authorize the issuance of the permit requested by said application,
for the following reasons: There were no persons in appearance in
opposition to the granting of the permit. There was sufficient
hardship shown and the application was approved by the Building
Inspector, therefore be it
RESOLVED, that pursuant to the provisions of the above mentioned
ordinance , permission is hereby given to Joseph L. Cutter of R.D. #3 ,
Burch Road, Town of Queensbury, N.Y. to locate a mobile home outside
of a licensed mobile home court, at property situated at Lot 50, Warren
Lane, Town of Queensbury, N.Y. and that 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
RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME
RESOLUTION No. 217 , introduced by Mr. Austin, who moved its adoption,
seconded by Mr. Demboski.
WHEREAS, Mr. & Mrs. Leo J. Mayette of Luzerne Road , R.D. #3,
Town of Queensbury, N.Y. 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 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 at Warren Lane, Town of Queensbury, New York, and
Cr �
500
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
opposition to the granting of the permit. There was sufficient
hardship shown, and the application was approved by the Building
Inspector, therefore be it
RESOLVED, that pursuant to the provisions of the above mentioned
ordinance, permission is hereby given to "Mr. & Mrs. Leo J. Mayette -
of Luzerne Road , R.D. #3, Town of Queensbury, N.Y. to locate a mobile
home outside of a licensed mobile home court, at property situated at
Warren Lane, Town of Queensbury, N.Y. , and that 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 following letter was read by the clerk:
R.D. #1
Lake George, N.Y.
September 18, 1970
i
Donald A. Chase
Clerk of the Town of Queensbury
Bay at Haviland Road , R D #1
Glens Falls, New York
Dear Mr. Chase:
i
My business and personal affairs demand so much of my
attention that I find it increasingly difficult to
attend the meetings of the Board of Appeals. I have
served the three year term to which I was appointed
on September 14, 1967.
At this time I submit my resignation to the Town Board
of the Town of Queensbury.
I would like to thank the Members of the Town Board
for naming me to serve on the Board of Appeals. I
have enjoyed my term as a member of the Board and
it is with regret that I must hand in my resignation.
I will be able to serve during October and November
of this year if the Town Board needs the time in
which to appoint a new member.
Very truly yours,
Allison Ellsworth
Councilman John D. Austin Jr. commented , "There is a great
deal of regret felt by the Town B oa rd in n receiving this
resignation and accepting it. Allison' Ellsworth has been j
a life-long resident of this Town and is one of the most
respected citizens of Queensbury. He has devoted a great
deal of time and effort , at no reward to himself other
than civic pride, in serving on the Zoning Board of Appeals,
and he deserves a great deal of commendation for his work. "
The following letter was read by the Clerk:
New York State
Department of Transportation
Region 1 Office: 50 Wolf Road, August 27, 1970
Albany, N.Y. 12205
Gerald B. Solomon, Supervisor
Town of Queensbury
Queensbury Town Hall
R.D. #1
Glens Falls, New York 12801
Dear Supervisor Solomon:
--'
Re: PIN 1475. 00
Interstate Route 502
Access Control and Fencing
Albany, Saratoga, Warren,
Essex Counties
The Department of Transporation has adopted a policy of con-
trolling access on crossroads adjacent to ramps to or from
controlled access highways. A copy of this policy is enclosed
for your reference.
In implementing this policy at Exit 18 on Interstate Route 87
in the Town of Queensbury we find it necessary to relocate the
intersection of Big Boom Road and Corinth Road. This reloca-
tion will consist of approximately nine hundred feet of new
highway constructed along the rear of properties fronting
Corinth Road and intersecting Corinth Road about 488 feet east
of the present intersection. One set of unofficial prints of
the 20' Scale Plan and Profile is enclosed for your reference.
In connection with the above described project and as required
by Section 340b of the New York Highway Law it will be neces-
sary for the Town Board of the Town of Queensbury to adopt a
Resolution to maintain highways , streets, or roads constructed
in connection with the Interstate highway.
We are transmitting herewith six (6) unexecuted copies of the
required Resolution. Upon execution of this agreement by the
proper official, please return the original and four (4) copies,
total of five (5) to this office.
Your cooperation in returning the executed copies of this
Resolution at an early date will be appreciated.
Very truly yours,
FRANK J. FULLER,
Regional Director
of Transportation
by L. F. Levett,
Associate Civil Engineer
(Design)
LFL:JFB:jct
The matter regarding the New York State Department of Transportation
was tabled for a future meeting allowing the Councilman time to
inspect the site.
The Activity Report of the Queensbury Police Department for August
1970 was placed on file.
The public hearing on the rezoning of Nicholas Clemens Sr. ' s property
at 318 Ridge Street from an R-4 to a C-1 classification was opened at
this time. Mr. Clemens was present and he was represented by attorney
Michael J. O'Connor. He said the request is to legitimize a use that
has existed at least since 1952. The following people spoke in opposi-
tion to the rezoning: Robert Kelly, Richard Hurley and Lawrence Barker
of Ridge Street , Richard McCarthy of Wilson Street. William Maurer of
Ridge Road declared the town zoning to be unconstitutional. Mrs. Jane
Swift of 311 Ridge Road asked about the position of adjoining city
property owners. Attorney J. David Litte, a resident of Wilson Street,
suggested that the board seek a legal opinion before pursuing the
matter further because in his view to grant the request would be spot
zoning and spot zoning is illegal. He stated that restrictive c o venants
govern use of neighboring properties. Some of the speakers said that
they signed by Clemens ' petition under the impression they were supporting
his right to rebuild in case of fire. Attorney O'Connor explained the
technicalities involved in the case of rebuilding and explained this was
one of the reasons for the request to rezone. No one objected to the
present use of the property but there was concerted opposition to the
"blank check" aspect of rezoning. Supervisor Solomon stated that the
Board would probably take no action until its October 22nd meeting since
the matter by law must be referred to the Warren County Planning Board.
The public hearing was closed at 9 :20 F.M.
Councilman Austin reported on the status of the intermunicipal drainage
study in the Ridgedale-Quaker Road area. He said the application had
been forwarded and it was expected that a town-city-county committee
would be formed within a few weeks.
RESOLUTION TO FILL VACANCY ON RECREATION COMMISSION
RESOLUTION No. 218 , introduced by Mr. Demboski, who moved its adoption,
seconded by Mr. Austin.
WHEREAS, a vacancy now exists on the Recreation Commission due to the
resignation of Roger Hague, therefore be it
RESOLVED, that Daniel C. Olsen, 29 Carlton Drive, Town of Queensbury,
be and he hereby is appointed a member of the Recreation Commission of
the Town of Queensbury effective this date, and to serve for the remainder
of the term of Roger Hague, said term to expire on February 27 , 1971.
i
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and
Mr. Solomon
Noes : None
RESOLUTION TO APPOINT PLANNING BOARD MEMBER
RESOLUTION No. 219, introduced by Mr. Robillard , who moved its adoption,
seconded by Mr. Robertson.
WHEREAS, the term of J. David Little, as a member of the Town
Planning Board of the Town of Queensbury expires on September 30,
1970, and
WHEREAS, Mr. Little has advised this Board of his resignation from
the Queensbury Planning Board, therefore be it
RESOLVED, that Mr. Gilbert C. Mellon of Glen Lake, Town of Queensbury,
be and he hereby is appointed a member of the Town Planning Board of
the Town of Queensbury for a term of seven years to expire on' September
30, 1977.
Duly adopted by the following vote:
Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard , Mr. Robertson and
Mr. Solomon.
Noes: None
RESOLUTION TO FILL VACANCIES ON ZONING BOARD OF APPEALS
RESOLUTION No. 220, introduced by Mr. Robertson, who moved its adoption,
seconded by Mr. Austin.
WHEREAS, two vacancies now exist on the Zoning Board of Appeals of the
Town of Queensbury, due to the expiration of appointments, therefore
be it
RESOLVED, that Charles T. Hutton, Jr. , 15 Sylvan Avenue, Town of
Queensbury, be and he hereby is appointed a member of the Zoning
Board of Appeals of the Town of Queensbury, effective this date and
to serve until September 14, 1974, and be it further
RESOLVED, that Gordon Streeter, 165 Sherman Avenue, Town of rueensbury,
be and he hereby is appointed a member of the Zoning Board of Appeals'
of the Town of Queensbury, effective this date, to serve until September
14, 1975.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and
Mr. Solomon.
Noes : None
RESOLUTION TO APPROPRIATE SURPLUS FUNDS IN THE HIGHWAY ACCOUNT
RESOLUTION No. 221, introduced by Mr. Robertson, who moved its adoption,
seconded by Mr. Robillard.
`— RESOLVED, that surplus funds of the Highway Fund be appropriated as
follows :
ITEM I $7975.83
ITEM III 477. 61
ITEM IV 4272. 71
thereby adding to and increasing the appropriations as follows :
ITEM I from $130,500.00 to $138 ,475.83
ITEM III Repair from $19,000. 00 to $19,477.61
ITEM IV Snow from $40,000.00 to $44,272 . 71
Duly adopted by the following vote:
Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and
Mr. Solomon.
Noes: None
RESOLUTION No. 22.2 , introduced by Mr. Robertson, who moved its
adoption, seconded by Mr. Austin.
RESOLUTION FOR THE ISSUANCE OF CAPITAL
NOTES TO FINANCE THE COST OF WATER
LINES IN THE RELOCATION OF ROUTE 9 IN
THE QUEENSBURY WATER DISTRICT.
I! WHEREAS, the relocation of Route 9 in the Queensbury
Water District of the Town of Queensbury has necessitated the
relocation of the water lines, and
WHEREAS, funds appropriated to finance the cost of said
relocation of water lines have been depleted, and
WHEREAS, additional funds in an amount not to exceed
$20,000 are required to finance said relocation of water lines to
completion, and
WHEREAS, the necessary funds are not provided for in
the current budget of the Town of Queensbury, Queensbury Water
District,
NOW, THEREFORE, BE IT RESOLVED:
1. The specific object or purpose for which such
obligations are to be issued pursuant to this resolution is to
finance the cost of relocation of water lines in the reconstruc-
tion of Route 9 in the Queensbury Water District.
2. The maximum cost necessary to complete the reloca-
tion of water lines is $202000 and the plan of financing such
cost is as follows : $20,000 is to be provided by the issuance of
capital notes in the amount of $20,000 pursuant to this resolution.
3. The following determinations are hereby made:
�..- (a) The period of probable usefulness of such
improvements is forty (40) years.
(b) The subdivision of paragraph a of Section
11:00 of the Local Finance Law which is
applicable in the circumstances is sub-
division"1".
4. That the Town of Queensbury issue its capital note
in the amount of $20,000 to finance such cost in accordance with
the financial plan set forth above. Such note shall be dated
approximately as of September 24, 1970 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 1971. The power to fix and determine the
date upon which 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 five per cent
(5%) per annum payable annually. Such note shall be in substan-
tially the following form:
UNITED STATES OF AMERICA
STATE OF NEW YORK
No. 1 County of Warren $20,000.00
Town of Queensbury
Capital Note of 1970
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 $20,000 on the day of September, 1971,
together with interest thereon from the date hereof at the rate
of five per cent (5%) per annum, payable annually. Both princi-
pal of and interest on this note will be paid in lawful money of
the United States of America at the office of 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 $20,000.
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 September 24, 1970.
The faith and credit of such Town of Queensbury are
hereby irrevocably pledged for the punctual payment of the
principal and interest on this note according to its terms.
It is hereby certified and recited that all conditions,
acts and things required by the Constitution 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 Constitu-
tion 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 note to be dated as of the day of September, 1970.
Town of Queensbury, New York
by Gerald B. Solomon
(Town Seal) its Supervisor
Attest:
Donald A. Chase
Town Clerk of the Town o£
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 acc7md 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 Queensbury Water District Fund account. The powers delegated
to the Supervisor by this resolution shall be exercised in con-
formity with the provisions of the Local Finance Law. '
7. This resolution shall take effect immediately.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson,
and Mr. Solomon.
Noes : None
STATE OF NEW YORK
COUNTY OF WARREN SS. :
TOWN OF QUEENSBURY
I. Donald A. Chase, do hereby certify that I am the
Town Clerk of the Town of Queensbury, that the attached Resolution
No. 222 is a true and accurate copy of the original thereof,
adopted by the Town Board of said Town at a meeting duly called
and held on the 24th day of September, 1970 and of the whole
thereof.
IN WITNESS WHEREOF I have hereunto set my hand and the
seal of the Town of Queensbury, this 24th day of September, 1970.
Donald A. Chase
Town Clerk
RESOLUTION RELATING TO HIGHWAY LIGHTING
RESOLUTION No. 223, introduced by Mr. Robillard , who moved its
adoption, seconded by Mr. Robertson.
Resolution relating to highway lighting on Glens Falls-Lake
George, State Highway 417 and Aviation Road, State Highway 9379,
Warren County,
WHEREAS, the State of New York, Department of Transporation is
constructing the Glens Falls - Lake Gecoge, State Highway 417 ,
between Stations 0+17 and 72+00 and the Aviation Road, State
Highway 9379 , between Stations 999+78 and 1031+65, and
WHEREAS, the State of New York will provide for the furnishing and
placing of the following items in connection with a street lighting
system on the above project:
1. Underground duct system to include conduits, pull boxes ,
hand holes, drainage packets.
2. Ducts, pull boxes and anchor bolts on structures.
3. Foundations for light standards.
4. Light standards and bracket arms.
Now therefore be it
RESOLVED, that the Town of Queensbury does hereby authorize Niagara
- Mohawk to install street lighting for the above mentioned area and
that the charges are to be a proper town charge.
Duly adopted by the following vote:
Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard , Mr. Robertson and
Mr. Solomon.
Noes: None
RESOLUTION TO APPOINT DOG ENUMERATOR FOR 1971
RESOLUTION No. 224, introduced by Mr. Austin, who moved its adoption,
seconded by Mr. Robertson.
WHEREAS, annually in September of each year the Town Board of each
town shall appoint a resident or residents or designate the police
department to prepare a list of persons in such town owning or
harboring dogs , therefore be it
RESOLVED, that Edward J. Waters be and he hereby is appointed Dog
Enumerator, under the provisions of Section 108 of the Argiculture
and Markets Law, for the year 1971.
Duly adopted by the following vote :
Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and
Mr. Solomon.
Noes : None
RESOLUTION ESTABLISHING STANDARDS OF CONDUCT FOR OFFICERS AND
EMPLOYEES OF THE TOWN OF QUEENSBURY
RESOLUTION No. 225 , introduced by Supervisor Gerald B. Solomon,
who moved its adoption, seconded by Mr. Austin.
WHEREAS , Section 806 of the General Municipal Law
as amended. by Chapter 1019 of the Laws of 1970, provides that
each Town shall enact a code of ethics setting forth for the
guidance of its officers and employees the standards of conduct
reasonably expected of them, be it therefore
RESOLVED, that the Town of Queensbury hereby adopts
the following Code of Ethics to serve as a guide for official
conduct of the officers and employees of the Town of Queensbury.
Duly adopted by the following vote :
Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard , Mr. Robertson and
Mr. Solomon. _ J
Noes : None
CODE OF ETHICS
TOWN OF QUEENSBURY
Resolution Establishing Standards of Conduct
For Officers and,; Employees of the Town
of Queensbury
Section 1. Pursuant to the provisions of Section
eight hundred six of the General Municipal Law, the Town
Board of the Town of Queensbury recognizes that there
are rules of ethical conduct for public officers and
employees which must be observed if a high degree of moral
conduct is to be obtained and if public confidence is to be
maintained in our unit of local government. It is the pur-
pose of this resolution to promulgate these rules of ethical
conduct for the officers and employees of the Town of
Queensbury. These rules shall serve as a guide for
official conduct of the officers and employees of the Town of
Queensbury. The rules of ethical conduct of this resolution
as adopted, shall not conflict with, but shall be in addition
to any prohibition of article eighteen of the General Municipal
Law of any other general or special law relating to ethical
conduct and interest in contracts of municipal officers and
employees.
Section 2. Definition. (a) "Municipal Officer or
Employee" means an officer or employee of the Town of
Queensbury, whether paid or unpaid , including members of
any administrative board , commission or other agency thereof.
No person shall be deemed to be a municipal officer or
employee solely by reason of being a volunteer fireman or
civil defense volunteer, except as chief engineer or
assistant chief engineer.
(b) "Interest" means a pecuniary or material
benefit accr u ing to an officer or employee of the Town of
Queensbury including a pecuniary or material benefit
accruing to the officer' s or employee' s (1) spouse, minor
children and dependents ; (2) a firm, partnership or associa-
tion of which such officer or employee is a member.
Section 3. Standardsof Conduct. Every officer
or employee of the Town of Queensbury shall be subject to
and abide by the following standards of conduct:
(a) Gifts. He shall not, directly or indirectly,
solicit any gift; or accept or receive any gift having value
`— of twenty-five dollars or more, whether in the form of money,
services, loan, travel, entertainment, hospitality, thing or
promise, or any other form, under circumstances in which it
could reasonably be inferred that the gift was intended to
influence him, or could reasonably be expected to influence
him, in the performance of his official duties or was intended
as a reward for any official action on his part.
(b) Confidential information. He shall not disclose
confidential information acquired by him in the course of his
official duties or use such information to further his personal
interest.
(c) Representation before one' s own agency. He
shall not receive, or enter into any agreement, express or
implied , for compensation for services to be rendered in
relation to any matter before any municipal agency of which
he is an officer, member or employee or of any municipal
agency over which he has jurisdiction or to which he has the
power to appoint any member, officer or employee.
(d) Representation before any agency for a
contingent fee. He shall not receive, or enter into any
agreement , express or implied for compensation for services
to be rendered in relation to any matter before any agency
of his municipality, whereby his compensation is to be
dependent or contingent upon any action by such agency with
respect to such matter, provided that this paragraph shall
not prohibit the fixing at any time of fees based upon the
reasonable value of the services rendered.
(e) Disclosure of interest in legislation. To the
extent that he knows thereof, a member of the Town Board and
any officer or employee of the Town of Queensbury, whether
paid or unpaid, who participates in the discussion or gives
official opinion to the Town Board on any legislation before
the Town Board shall publicly disclose on the official re-
cord the nature and extent of any direct or indirect financial
or other private interest he has in such legislation.
(f) Disclosure of interest in certain applications.
A member of the Town Planning Board and any officer or
employee of the Town of Queensbury, whether paid or unpaid,
who participates in the discussion or gives official opinions
to the Planning Board on any application for review before
the Planning Board shall publicly disclose on the official
record the nature and extent of any direct or indirect
financial or other private interest he has in such application.
(g) Disclosure of employment of relatives. No
person who is related by blood or marriage to a public
officer or department head of the Town of Queensbury shall
be employed by said public officer or department head before
publicly disclosing the name, relationship and proposed
employment to the Town Board and upon consent of a majority
of said Board at a duly held meeting thereof.
(h) Investments in conflict with official duties.
He shall not invest or hold any investment directly or in-
directly in any financial, business , commercial or other
private transaction, which creates a conflict with his official
duties.
(i) Private employment. He shall not engage in,
solicit, negotiate for or promise to accept private employ-
ment or render services for private interests when such em-
ployment or service creates conflict with or impairs the
proper discharge of his official duties.
(j) Future employment. He shall not, after the
termination of service or employment with the Town of Queensbury
appear before any board or agency of the Town of Queensbury
in relation to any case, proceeding or application in which he
personally participated during the period of his service or
employment or which was under his active consideration.
Section 4. Nothing herein shall be deemed to I
bar or prevent the timely filing by a present or former
officer or employee of any claim, account, demand or suit
against the Town of Queensbury, or any agency thereof on
behalf of himself or any member of his family arising out
of any personal injury or property damage or for any lawful
benefit authorized or permitted by law.
Section 5. Distribution of Code of Ethics. The
Supervisor of the Town of Queensbury shall cause a copy of
this Code of Ethics to be distributed to every officer and
employee of the Town of Queensbury within 30 days after the
effective date of this resolution. Each officer and employee
elected or appointed thereafter shall be furnished a copy
before entering upon the duties of his office or employment.
Section 6. Penalties. In addition to any penalty
contained in any other provision of law, any person who shall
knowingly and intentionally violate any of the provisions of
this Code may be fined , suspended or removed from office or
employment, as the case may be, in the manner provided by law.
Section 7. Effective date. This resolution shall
take effect 20 days after it is filed in the office of the
State Comptroller.
STATE OF NEW YORK ) �j
County of Warren ) ss. :
Town of Queensbury )
I, Donald A. Chase, Town Clerk of the Town of Queensbury
in the County of Warren, New York, do hereby certify that I have
compared the preceding copy of a resolution with the original there-
of, duly adopted by the Town Board of such Town at a regular meeting
of such Board held on the 24th day of September, 1970, and that the
same is a true and correct copy of such resolution and of the whole
thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of said Town of Queensbury on this 24th day of
September, 1970.
Donald A. Chase
Town Clerk, Town of Queensbury
1
Councilman Austin suggested ftt Supervisor Solomon introduce the
above Code of Ethics as he had worked diligently in the prepara-
tion of it.
The matter of rezoning the DeSantis Enterprises property on Big
Boom from an R-3 to an M-1 was next on the agenda. Councilman
Demboski asked that the record show the background of the pro-
posal. He pointed out that in the original zoning of the Town,
thought had been given to an M-1 classification for the site,
but the possibility of a recreational area had intervened. He
pointed out that any construction plans must be submitted to
the Hudson Valley Commission. He suggested that the Town Board
should specifically exclude any M-1 uses it believes would be
objectionable. Councilman Demboski stated the deletion of dis-
tribution plants, extraction of stone, sand and gravel, and
freight terminals from the list of uses permitted in an M-1
zone. Councilman Austin stated that he could not support the
resolution no matter what you add or subtract. He said he did
not often disagree with the recommendations of the planning
boards, but in this case, it seems we are proceeding on a
course that is going to catch up with us. He pointed out that
light manufacturing and research are terms that cover many
enterprises. He said the board' s policy on similar cases in
the past has been to require more specific information before
acting. Councilman Robillard said he felt this is zoning for
speculation and he wanted no part of it. He said he wanted to
know what the industry looked like before he said okay. Super-
visor Solomon said he tended to go along but pointed out the
difficulty in getting industries to locate in New York State.
He said he personally felt we have enough control through our
Town Board and he didn' t think any industry we discouraged
would want to come in. Councilman Demboski said he saw nothing
speculative in the action. Under zoning, he said, the assumption
is that some areas are mom conducive than others to light manu-
facturing. Councilman Austin argued that since the area was
originally zoned residential, it is the function of the Town
Board to examine what has been done in the light of changed
circumstances or proposals of a specific nature. Councilman
Robillard said he did not want to discourage industry but I
don't want to discourage taxpayers either. He said people in
the residential area have a right to know what is going on.
Max Schenk, a resident of the Big Boom area, declared that the
Northway was a hindrance rather than an asset to the site be-
cause there was no access to the interstate highway at that
point.
Resolution No. 226 approving the rezoning of the DeSantis Enterprises
property in the Big Boom area from an R-3 to an M-1 with certain
deletions is not available at this time but will be forthcoming
from Attorney Harold Katz and will be found on page 10A
Resolution 226 was duly adopted by the following vote :
Ayes : Mr. Demboski, Mr. Robertson and Mr. Solomon.
Noes : Mr. Austin and Mr. Robillard.
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION No. 227, introduced by Mr. Robertson, who moved its
adoption, seconded by Mr. Demboski.
RESOLVED, that the Audit of Bills as listed in Abstract 70-9A
numbered #1167 through #1198 inclusive and totaling $4,553. 21
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 October 1, 1970
Present: Gerald Solomon Supervisor
Lloyd Demboski Councilman
John Austin Councilman
Harold Robillard Councilman
Hammond Robertson, Jr. Councilman