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1970-04-23 417 Supervisor Solomon stated that a feasibility study for a drainage system; in an area including portions of the Town and the City of Glens Falls is in prospect. He said he. expected that a cooperative application from the two municipalities and Warren County would be made for a federal grant. Councilman Robillard brought up the problem of litter on Luzerne Road. He said individuals going to the dump, rather than truckers, appeared to be responsible and added that the city land fill opera- tion is within 75 feet of Luzerne Road now. Supervisor Solomon urged public cooperation in tracing litter dumpers and gave assur- ance that the town police would pursue complaints. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION No, 102, Introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson. RESOLVED, that the. Audit of Bills as listed in Abstract 70-4 numbered #432 through #532 inclusive and totaling $15,010.73 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 Regular Meeting April 23, 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 also present. The meeting was called to order at 8:17 P.M. The following visitors were greeted by the Supervisor: Fred Austin, County Highway Superintendent Thomas Flaherty, Water Superintendent William Kenneally, representing Champlain Cablevision Eli Thorpe, visitor Lyn Chase, visitor Clifford Reed, visitor Lucy Reed, visitor Mrs. William Richardson, League of Women Voters Pliney Tucker, visitor sf 418 RESOLUTION TO AUTHORIZE PERMIT TO IMPROVE OR SUBSTITUTE MOBILE HOME RESOLUTION N0. 103, Introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robillard. WHEREAS, Donald Maxam of R.D. #2, Corinth-Road, Glens Falls , New York, has made application to this board for a permit to: Replace a present Mobile Home with a 1970 Air-Line Mobile Home 65' x 12' at property located at corner of Corinth Road and Indiana Avenue, Town of Queensbury, New York, and owned by Mrs. Charles Stimpson, and WHEREAS, upon proper investigation it appears that the applicant has complied with all of the requirements of the ordinance regulations relating to mobile homes in the Town of Queensbury, therefore be it RESOLVED, that the application of Donald Maxam as above described is hereby approved and that the Town Clerk is hereby authorized and directed to issue to Donald Maxam the proper permit. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION No. 104, Introduced by Mr. Robillard, who moved- its adoption, seconded by Mr. Austin. WHEREAS, James P. Webb, Jr. of R.D. #2, Pinello Road, 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 property situated Hartman Map B8P2, 13-14-15 E. Pinello Road, Town of Queensbury, New York, and J 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 May 14, 1970, 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. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION No. 105, Introduced by Mr. Solomon, who moved its adoption, �J seconded by Mr. Austin. WHEREAS, Eileen Thorpe of Sunset 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 property situated Sunset Avenue, 100 feet south of Nathan Street, Town of Queensbury, New York, and WHEREAS, IT IS hereby determined that said application complies with the requirements of said ordinance, and 419 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 May 14, 1970 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. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes:- None RESOLUTION TO DISAPPROVE APPLICATION FOR PERMIT TO LOCATE MOBILE HOME IN THE TOWN OF QUEESBURY RESOLUTION No. 106, Introduced by Mr. Demboski, seconded by Mr. Robertson. WHEREAS, Earl A. Rempher, Box No. 581, South Lancaster, Massachusetts, had made application to this Board for a permit to locate a Mobile Home at property situated at off Farm to Market Road towards French Mountain, on an undeveloped dirt road about k mile in on left side of road, in the Town of Queensbury, New York, and owned by: Earl A. Rempher, and WHEREAS, upon proper investigation it appears that the applicant has complied with all of the requirements of the Ordinance Regulations relating to Mobile Homes in the Town of Queensbury, therefore be it RESOLVED, that there was no hardship shown, that this is not a public road, and the mobile homes in this area were placed prior to the ordinance, therefore be it further RESOLVED, that the application of Earl A. Rempher be and is hereby disapproved and that the Town Clerk is hereby directed to notify Earl A. Rempher of the decision of this Board. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION TO DISAPPROVE APPLICATION FOR PERMIT TO LOCATE MOBILE HOME IN THE TOWN OF QUEENSBURY RESOLUTION No. 107, Introduced by Mr. Robillard, seconded by Mr. Robertson. WHEREAS, Richard Mattison of 20 Division Street, Glens Falls, New York, has made application to this Board for a permit to locate a Mobile Home at property located at end of Ogden Road on the west side and owned by Mrs. Muriel LaPan, and WHEREAS, upon proper investigation it appears that the applicant has complied with all of the requirements of the Ordinance Regulations relating to Mobile Homes in the Town of Queensbury, therefore be it RESOLVED, that there is only one mobile home on Ogden Road and the people in the vicinity disapprove of mobile homes on this road, therefore be it further RESOLVED, that the application, of Richard Mattison be and is hereby disapproved and that the Town Clerk is hereby directed to notify Richard Mattison of the decision of this Board. a 42 Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None The application of Clifford Reed to locate a mobile home on Pinello Road, Town of Queensbury, was tabled for further study until the next Board Meeting on May 14th. The following two letters were read by the clerk: From: Queensbury Water Department April 23, 1970 Queensbury Town Board, Mr. Gerald B. Solomon,- Supervisor Re: Awarding of bid for water connection materials: Gentlemen: At this time I request that° the awarding of bids for water connection materials be tabled until the next scheduled board meeting in order to allow for confirmation of technicalities in the bids received. Respectfully submitted, Thomas K. Flaherty Superintendent From: Queensbury Water Department April 23, 1970 Queensbury Town Board, Mr. Gerald B. Solomon, Supervisor Re: Awarding of bid for cast iron pipe: Gentlemen: After careful evaluation of the bids received it is the recommendation of this department that the bid of LeValley McLeod Inc. for 1000 feet of 6 inch cast jron pipe be accepted. The bid of LeValley McLeod Inc. met the specifications in all respects and was the lowest of the bids received. Respectfully submitted, Thomas K. Flaherty Superintendent RESOLUTION TO AWARD BIDS FOR CAST IRON PIPE RESOLUTION No. 108, Introduced by Mr. Robertson, who moved- its adoption, seconded by Mr. Austin. WHEREAS, Superintendent of the Queensbury Water District, Thomas K. Flaherty, did on the March 16, 1970 duly recommend the advertising for bids for the purchase of cast iron pipe and WHEREAS, bids were received on the 9th day of April, 1970 from the J following bidders : U.S. Pipe and Foundry Company LeValley McLeod, Inc. Griffin Pipe Products Warren Pipe & Foundry WHEREAS, following study of the bids by the Water Superintendent; it is apparent that LeValley McLeod Inc. of Schenectady, N.Y. is the lowest bidder therefore be it RESOLVED, that the bid of LeValley McLeod Inc. be and is hereby accepted. 421 Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION REGARDING PUBLIC OFFICIAL BONDS RESOLUTION No. 109, Introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Austin. RESOLVED, that bonds of the following town officers of the Town of Queensbury are hereby approved as to form, amount, sufficiency of surety and manner of execution, as follows: NUMBER SURETY PRINCIPAL AMOUNT 08-11-01 Glens Falls Insurance Co. George P. Liapes $49000.00 08-11-02 Glens Falls Insurance Co. J. David Little 41000.00 08-11-05 Glens Falls Insurance Co. James F. Ogden 49000.00 and be it further RESOLVED, that the members of the Town Board sign a certificate to that effect upon each public official bond described. 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. Supervisor Solomon stated that the car crusher is at Mosher' s junk yard on Pasco Avenue this week for the disposal of junk cars. He also stated that May 1st is the deadline for the over-65 tax exemptions to be filed, and that Clean-Up Week will -- be observed May 4 thru May 8. Councilman Austin reported that the Warren County Highway Department has begun work on a major improvement to the Oxbow Hill system of inter- sections following the securing of rights-of-way by the Town, and he feels it will be a great improvement in safety as well as aesthetics. The meeting was closed to ,the public and a short recess was called. RESOLUTION TO ACCEPT DEED FOR-TOWN HIGHWAY RESOLUTION No. 110, Introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. WHEREAS, LYN CHASE and FRANK VAN SITTERT have executed and offered a deed for a 50-foot roadway which is bounded and described as follows: "All That Piece, Parcel of Lot of Land situate, lying and being in the Town of Queensbury, Warren County, New York, bounded and described as follows: BEGINNING at a point which is the southeast corner of lands heretofore conveyed by the parties of the first part to Fred F. and Ilene LeParin by deed dated January 31, 1968 and recorded _ in the Warren County Clerk' s -Office on February 7, 1968 in Book 491 of Deeds at Page 53 and proceeding thence South 80 degrees 30 minutes East 450 feet to a point for a corner; thence South 8 degrees 30 minutes West 50 feet to a point for a corner; which point is the northeast corner of Lot No. 25 on a map of Section ig Franklyn Manor heretofore filed in the Warren County Clerk' s Office; thence North 80 degrees 30 minutes west on a line parallel with the first mentioned course to a point; thence northerly and parallel to the second mentioned course 50 feet to the point or place of beginning." 422 and WHEREAS, Carl A. Garb, Superintendent of Highways, and Thomas Flaherty, Water Superintendent, have advised that they recommend to this Board that it accept this land for highway purposes into the town highway system, and WHEREAS, the deed has been approved by Harold W. Katz, Esq. , Counsel to the Board, NOW, THEREFORE, BE ITs RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved, and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk' s Office, after which said deed shall be properly filed in the office of the Town Clerk, and be it further RESOLVED, that this new road is hereby added to the official inventory of town highways, and described as follows: ROAD NO. : DESCRIPTION: I1'l NAME: MM MILEAGE: Duly adopted this 23rd day of April, 1970 by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noe-9: None RESOLUTION TO AUTHORIZE ADDITIONAL STREET LIGHTING RESOLUTION No. 111, Introduced by Gerald B. Solomon, who moved its adoption, and seconded by Hammond Robertson. WHEREAS, it is hereby determined that additional street lighting should be provided at certain intersections be it RESOLVED, that 400 Watt White Mercury lights be installed at the following intersections: Aviation Road and Gilmore Drive Pole #34 Aviation Road & Owen Avenue Pole #36 Aviation Road & Westmore Ave. Pole #372 Park View Ave. & the fire lane Pole NM 10 Park View Ave. & Park Place Pole NYPS Park View Ave. & Dixon Road Pole NM 16 and be it also RESOLVED, that the Town Clerk is authorized and directed to request Niagara Mohawk Power Corporation to install such lights, and be it further RESOLVED, that the Supervisor' is authorized to contact the City of Glens Falls to secure cooperative action in installing lights at the fire lane and Jerome Avenue and at Jerome Avenue and Park Place intersections. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION TO TRANSFER UNAPPROPRIATED FUNDS RESOLUTION No. 112, Introduced by Mr. Robillard, who moved its adoption, seconded by Mr. Robertson. 43 WHEREAS, there remains funds from the additional sales tax money that have not been appropriated and WHEREAS, the Town of Queensbury had no provision in the 1970 budget for the cost of annexation proceedings brought about by the City of Glens Falls against the Town of Queensbury, and WHEREAS, the Town of Queensbury has received the Attorneys' bill for legal services performed in such proceedings, therefore be it RESOLVED, that the sum of $3,092.58 be appropriated to the General Town Fund Services of Attorneys and Expenses of Litigation Appropria- tion. Duly adopted by the following vote: . Ages: Mr. Demboski, Mr. Austin, Mr:. Robillard, Mr. Robertson, and -- Mr. Solomon. Noes: None RESOLUTION TO MAKE APPLICATION TO THE NEW YORK STATE DIVISION FOR YOUTH, FOR APPROVAL OF RECREATION PROJECT RESOLUTION No. 113, Introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Austin. WHEREAS, the 1970 Town Budget has made provision for a continuation of the Town Recreation Program, and WHEREAS, it is believed that the town is eligible to receive state aid under the State of New York Division for Youth, therefore be it RESOLVED, that application to the New York State Division for Youth for approval of the Recreation Project is hereby authorized, and that the Supervisor of the town is hereby authorized and directed to execute such application on behalf of the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION TO AUTHORIZE TRANSFER OF FUNDS RESOLUTION No. 114, Introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Robillard. RESOLVED, that the Supervisor is hereby authorized and directed to transfer the sum of $10,000.00 from the Highway Fund to the Queensbury Water District, said amount to be repaid to the Highway Fund as soon as such money is needed, and in any event prior to December 31, 1970. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION FOR A PETTY CASH FUND FOR TOWN JUSTICE RESOLUTION`-INo. 115, Introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Robertson. WHEREAS, Resolution 130 of June 13, 1968 did establish a Petty Cash Fund for the use of the Town Justices on their request, and WHEREAS, Town Justice J. David Little has made such a request, therefore be it RESOLVED, that the Supervisor is hereby authorized and directed to provide J. David Little with a petty cash fund of $25.00 and be it further RESOLVED, that said Town Justice shall account for said fund as provided Ygr in Town Law Section 64 (a) . Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson,and Mr. Solomon. Noes: None 424 Councilman Austin explained a proposed amendment he was referring to the Planning Board. The proposed amendment to the Zoning Ordinance would define within the wording of town law the powers of the Zoning Board with respect to variances. RESOLUTION TO REFER PROPOSED AMENDMENT OF ZONING ORDINANCE TO TOWN PLANNING BOARD RESOLUTION No. 116, Introduced by Mr. Austin, who moved its adoption, seconded by Mr. Demboski. WHEREAS, Section 11.100 of the Town of Queensbury Zoning Ordinace requires proposed amendments of said ordinance to be referred to the Town Planning Board for consideration thereof, therefore be it : RESOLVED, that the following proposed amendment of the Town of Queensbury Zoning Ordinance be so referred and that the Planning Board issue its report thereon as soon as possible: 10.202 Variances. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this ordinance, the Board of Appeals shall have the power in passing upon appeals to vary or modify the application of any of the regulations or provisions of such ordinance relat- ing to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done. No such variance shall be granted by the Board of Appeals unless it finds: a. That there are special circumstances or conditions, fully described in the findings of the Board, applying to such land or buildings and not applying generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that strict applicationof the provisions of this ordinance would deprive the applicant of the .reasonable use of such land or buildings. b. That, for reasons fully set forth in the findings of the Board of Appeals, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by said Board is the minimum variance that will accomplish this purpose. c. That the granting of the variance will be in harmony with the general purpose and intent of this ordinance and the Master Plan of Queensbury, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In granting any variance, the Board of Appeals shall prescribe any conditions that it deems necessary or desirable. The power to grant variances in R-1 areas, which was reserved to the Town Board in.the ordinances -establishing residential zones under the General Municipal Law, is hereby granted to the Board of Appeals. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION No. 117 granting Champlain Cablevision permission to run a CATV trunk line through the Town of Queensbury is not available at this time but will be forthcoming from Attorney Harold Katz and Will be found on page dab 425 RESOLUTION No. 118 granting Normandy Broadcasting Corporation the franchise for cable television is not available at this time but will be forthcoming from Attorney Harold Katz and will be found on page_tQ�k ,. Below is the summary of the discussion that pre- ceded the passing of Resolution 118. Supervisor Solomon stated that back in 1964 the Town issued a franchise to Normandy Broadcasting to operate cable television in the Town, but since December 3, 1964, and until last fall various court situations tied up all cable television - in this part of the country. In the fall of 1969 the FCC saw fit to relieve these restrictions and since then the Town Board has been entertaining various applications. He noted that the 10- year franchise granted Normandy stipulated at that time that six terms would govern that franchise or any other: Payment to the Town of a non-refundable $8,000 franchise fee, payment to the Town of 6 per cent of gross revenues from the operation, pre-payment to theTown of $2,000 on the annual franchise tax to be credited against the 6 per cent of gross, posting of a $10,000 performance bond guaranteeing operation within 18 months of the signing of the agreement, guaranteed installation charges and rates to customers, and provision of two open channels for com- munity service. Harold Katz read Resolution 118 granting Normandy Broadcasting Corporation the franchise for cable TV in the Town of Queensbury. Councilman Austin stated that he felt that in analyzing the pro- posals of the two active applicants,- Normandy and Champlain, that they were in most respects identical and in all respects they meet the requirements of the Town Board. He commended the Supervisor for setting up the requirements. Observing that of the present Town Board only Mr. Robertson was a member,af the time the fran- chise was originally granted to Normandy, Councilman Austin said "I think that you have to look at the situation as it currently �. exists today". Champlain has franchises in Glens Falls and Lake George, the communities on either end of the Town of Queensbury, and is currently erecting a tower. It almost seems to me if all things are equal, that we are putting on the blindfold when we pick the one of the two applicants which stands alone and does not have a franchise in neighboring communities. Secondly, Cham- plain offers a larger system. Councilman Austin said "I do feel very strongly that it is in the best interests of the Town of Queensbury in having cable TV as soon as possible by a Company that is already starting to provide a system on both sides of the Town of Queensbury and that the award be given to Champlain". Supervisor Solomon pointed out that Normandy does offer 15 channels. He argued that since the-original issuance of the franchise, Normandy had spent considerable amount of money and had shown its intention of going ahead with the operation by obtaining pole rights and posting bonds with the telephone company. He stated "I think we have a moral obligation to give them the franchise". Councilman Austin stated "I think the only obligation we have is to the people of the Town". Councilman Austin pointed out that Normandy also operates a radio station which does not see fit to send a representative to a town meeting and "I see no moral obligation here". Councilman Robillard said he concurred with Councilman Austin and was of the opinion that Champlain could establish a system quicker and service a bigger area of the Town. 424 426 Supervisor Solomon, referring to lack of radio coverage of town affairs, said "the shoe is on both feet". "The newspaper doesn't cover our town justice courts either" and he added in his view the courts were more important than any other town meetings. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION No. 119, Introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. RESOLVED, that the Audit of Bills as listed in Abstract 70-4A number 533 totaling $3,092.58 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 RESOLUTION NO. 117 INTRODUCED BY MR. ROBILLARD, WHO MOVED ITS ADOPTION. SECONDED BY MR. DEMBOSKI. WHEREAS, Champlain Cablevision Inc. has requested permission to run a CATV trunk line through the Town of Queensbury, NOW, THEREFORE. BE IT RESOLVED: That permission be and the same is hereby granted to Champlain Cablevision Inc. to run a trunk line through the Town of Queensbury under such terms, conditions and restrictions as the Supervisor deems appropiate. Duly adopted this 23rd day of April, 1970 by the following vote: AYES: Robillard, Demboski, Austin, Robertson and Solomon. NOES: None. 426 Ax RESOLUTION NO. 118 INTRODUCED BY MR. ROBERTSON, WHO MOVED ITS ADOPTION SECONDED BY MR. SOLOMON WHEREAS, by Resolution No. 225 dated December 3, 1964, the Town Board granted a franchise to Normandy Broadcasting Corporation to install and operate a community television antenna system-Un the Town of Queensbury, and I - WHEREAS, said franchise resolution provided that the terms -- and conditions thereof shall be as may be determined by the Town Board to be required to protect the interests of the Town and its residents, and WHEREAS, -the said Town Board has determined the said terms and conditions required for the protection of the interests of the Town and its residents and to ensure adequate community antenna television service within the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED-: That the Supervisor- be and he hereby is authorized to enter into an agreement with Normandy Broadcasting Corporation upon those terms determined by the Town Board as required for the protection of the interests of the residents of the Town, including, but- not restricted to the following terms: -(1) The payment of a non-refundable fee of $8,000 upon execution of the agreement. (2) The payment of $2,000 as a pre-payment of annual franchise tax. (3) The payment to the Town of 6% of gross revenues collected by Normandy. (4) The filing by Normandy of a performance bond of $10,000. (5) Operation of the CATV system within 18 months from date od execution of the agreement. (6) The guarantee of installation charges and rates to consumers to be set forth is said agreement. (7) The provision for 2 open channels to provide free service to public buildings and schools in the Town. (8) That the franchise may not be assigned by Normandy except by written consent of the Town Board, not to be unreasonably withheld. (9) That as provided by law, this franchise shall be non-exclusive. -Duly adopted this 23rd day of April, 1970 by the following vote: AYES: Demboski, Robertson, Solomon. NOES: Austin, Robillard