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1966-09-08 Regular Meeting September 8, 1966 Present: John 0. Webster Supervisor N. -Harwood Beaty Councilman Theodore Turner Councilman Curtis Lampson Councilman Hammond-Robertson, Jr. Councilman The meeting was called to order at 7:30 p.m. by the Supervisor. • Supervisor Webster- greeted the following visitoFs: Mrs. Lois Johnson - League of Women Voters Mr. & Mrs Wilfred M. Stark - Interested in Mobile Home Permit Mrs. Dorothy Dalton - Interested in Mobile Home Permit Mr. Floyd Pickett - Visitor Mr. George Lehmann Visitor Mr. Harold Rathbun—Visitor LeRoy Phillips - Chief of Police Supervisor Webster opened the public hearing on the Route 9 Water District increase in estimate for construction. Proof of publication was presented by the clerk. The notice as advertised was not read at this time. Supervisor Webster requested a voice from any person present in opposition or in favor of the increase in the estimate for Route 9 Water District Construction. There were no persons present for comment. The public hearing was declared closed at 7:35 p.m. It was agreed that action will be taken at a Special Meeting on September 15th, to formalize the actual start of construction at as early a date as possible. The minutes of the meeting of September 1st, 1966, were approved. Carried unanimously. The public hearing on the application of Wilfred M. Stark to locate a Mobile Home orL Sweet Road was opened by the Supervisor at 7:45 p.m. Proof of publication was presented by the clerk. The notice was not read at this time. The clerk summarized the original application as received. Supervisor Webster requested a voice from any persons in opposition or in favor of the granting of the permit. Mrs. Dorothy Dalton, the owner of the property where the mobile home would be located, stated that there was plenty of room on the lot to locate the -second mobile home at the location. The question of water service was brought up by. Supervisor Webster. General agreement was reached that the applicants would provide water service for the second mobile .home. The public hearing was declared closed by Supervisor Webster at 8:00 p.m. . 4 General agreement was reached, with all Town Board members taking part, that the permit will be granted this meeting. The Report of New Construction for the month of August was presented by the Supervisor and placed on file by the Town Merk. , There were 35 reports received for the month. A lengthy report was received from Mr. Norman Ferguson the Building Inspector which discussed the activity of the inspector since he accepted -the 'appointment, RESOLUTION N0. 218, Introduced by Mr. Beaty, seconded by Mr; -Turner. WHEREAS, the Town Board of the Town of--Queensbury on November 30, 1953, adopted an ordinance entitled "An Ordinance Regulating Dumps, Dumping and Garbage Disposal in the Town of Queensbury", which , prohibited the disposal of garbage at the town-dump and contained other matters which are now governed by later ordinances, and WHEREAS, the Town Board is now using the land fill procedures at the -town dump dump and garbage can be disposed of at the dump, and it appears that said ordinance should now be rescinded, be it RESOLVED, that the Town Board consider the adoption of an ordinance which will repeal said ordinance entitled"An Ordinance Reguating Dumps, Dumping and Garbage Disposal in the-Town of Queensbury" in its entirety, and be it further RESOLVED, that the Town Board of the Town of Queensbury -hold a public hearing on the matter of such repeal at the Queensbury Junior High School on Aviation Road on the 22nd day of September, 1966, at 7:30 o'clock, P.M. (DST) and that the Town Clerk be and he hereby is authorized and directed to give notice of such ,public hearing in the manner provided by law. j Duly adopted by' the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr,,, Robertson and. Mr, Webster. Noes - None The clerk presented the following communications: • Sept. 1, 1966 To the Honorable Members of the Town Board. Town of Queensbury Dear sirs: May we ask you to please explain the proper procedure for someone who wishes to locate a mobile home in the Town of Queensbury? Having requested permission for such a location and having been turned down. . . .we are a bit confused. The place we wished to locate was on Homer Ave, on a ,pot where a mobile home had been located and connections available. There were also several mobile homes in the area. We wished to live in your Town having worked here for several years and we gave you several valid reasons, Having waited through several of your meetings, one hearing at which no one appeared in opposition, we still had to wait several days for a decision. ' The decision, when it came, explained that the -reque5t­ was not granted because "The location for the mobile home does not conform with the-land-use plans of the Planning Board under the "701" program, to ultimately develop coning for the town as a whole"; Having read"the papers during the last- few months I get the idea that numerous sites for mobile homes have been granted in different areas in' the town, -'some areas in which there Were few, if any mobile homes, some with reasons apparently no - more valid than outs, some with no waiting period. - I Incidently, we are happily located in South Glens Falls. However, in the interest of 'those who. tnight be attempting to locate in'"your town we would appreciate having a clearer picture of the proper procedures. ' _ Sincerely, Mr. & Mrs. Frank Rajkowski RESOLUTION NO. 219, Introduced by Mr. Robertson. -seconded-by Mr. Lampson. WHEREAS, there has been presented to the Town Board a draft of a proposed ordinance--to- regulate' the' burning of---garbage in the Town of Queensbury, be it RESOLVED,. that the Town Board hold a public hearing on the matter of the adoption of such proposed ordinance at the Queensbury Junior High School on Aviation Road on the 22nd day of September, 1966, at 7:30 o'clock, P.M. (DST) and that the Town Clerk be and- hereby is authorized and directed to give notice of such public hearing in the manner provided bylaw. Duly adopted'by the following, vote: Ayes - Mr. Beaty, Mr, Turner,' Mr. Lampson, Mr. Robertson and Mr. Webster. I Noes - None WARREN COUNTY MUNICIPAL CENTER Lake N ' Y: Department � -- Law September 8, 1966 To: John 0. Webster, Supervisor Re: Town of Queensbury v. James H. Collier You have told me that the Town Board conferred at your last meeting on the complaints relating to the alleged obstruction by James H. Collier of the old As§embly"Point Road-and agreed that an action be commenced against Collier but I am not certain whether this action was authorized by resolution, A municipality such as a county; town or city cannot bring an action as plaintiff unless the action is authorized by the governing board. Failure to have a resolution authorizin�action may result in a dismissal of the coiapla�int. If a' municipality is a defendant, _ the action can be defended'a's a'ma.tter o-f coarse without a specific resolution. I have dr 'fted an enclose a"resolution -authorizing the action by me and the verification of the pleadings by you. I should like a conformed. copy returned to me to show the -resoltiti'on number since I must allege in the com,plait.t that ,the� action`has been authorized by resolution of the Town Board. Albert E; -Beswick County Attorney 8 RESOLUTION .,NO.. 22Q, Introduced by Mr. Robertson, seconded by Mr. Beaty. t WHEREAS, James H. Collier has purchased property on both sides of the old, Assembly,Point _Road in the Town of Queensbury and has constructed_a building which encroaches upon the town highway and obstructs the use of the highway: by the public; lie,. it RESOLVED, that-the ,Town-of, Queensbury bring an_action.,against James.. H Collier to .compel him to remove any and all obstructions on the existing town highway across his property., that Albert E; Beswick be retained as attorney for the Town of Queensbury to bring such action and- that the .Spprvisor be .an�i..be`hereby is authorized to verify all pleadings on behalf of the Town of" j Queensbury. Duly adopted by the- following vote: Ayes - Mr. Beaty, Mr. turner, 'Mr. Lampson, Mr. Robertson and Mr. Webster. Noes - None ' RESOLUTION TO. AUTHORIZE._ PURCHASE. OP RADIO UNITS RESOLUTION NO. 221, Introduced by Mr. Turner, seconded by Mr. Robertson. WHEREAS, this. board Chas. now.. been .ady sed that our. application under Civil Defense, for matching funds for the purchase of mobile radios has`been approved. RESOLVED, that the purchase of 12 mobile radio units from Jenkins Communications at an installed price bf $556.00 each under County of Warren Bid Price, subject to 50%.- reimbursement of $283.00 each, is hereby authorized and the supervisor is hereby authorized and directed to execute ail necessary papers and applications- relative to said purchase and reimbursement. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes - None v RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME #6 WHEREAS, Wilfred M. Stark of R.F.D. #1 Gansvoort , 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 out- side of a duly licensed mobile home court at property situated 12 Sweet Road, Town of Queensbury, .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•at­said 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, The Town Board agreed j that if proper water service is arranged, the permit whould be granted, therefore be it ` i 7 I (Resolution No. 222 - continued) RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Wilfred M. Stark of R.F.D. #1 Gansvoort, New York to locate a_mobile home outside of a licensed mobile-home-court, at property situated at , 12 Sweet- Road, 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. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None RESOLUTION NO. 223, Introduced by Mr. Beaty, seconded by Mr. Turner. RESOLVED that ' the Audit of Claims as listed in Abstract #66-9 numbered #986 through #1065 inclusive and totaling $16,096.56 is hereby approved. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes - None On motion the meeting adjourned. . Respectfully submitted George C. Crannell, Town Clerk li Special Meeting September 15, 1966 i Present: - Supervisor John 0, Webster P N. Harwood Beaty Councilman Theodore Turner Councilman Curtis Lampson Councilman Hammond Robertson, J;. Councilman The Supervisor .palled the meeting to order at 7:35 p.m. Supervisor Webster greeted the following visitors: Harold Rathbun - Visitor Clifford Witham - Visitor , Juliette Ellingsworth - Visitor Mr. Milton L. Kurzmack - Visitor Mrs. Helen Kurzmack - League of Women Voters Mrs. Jessie Larson - League of Women- Voters Mr. & Mrs. Albert Middleton - Visitors The Public Hearing was declared open by Supervisor Webster on the matter of the proposed ordinance to establish a Residential Zone in the Kartskiil Bay area. t Proof of Publication was presented by the clerk. �-- The original Notice of the public hearing as published in the press was read by the clerk.. Supervisor Webster presented copies of the proposed ordinance to each interesied' person in attendance at the meeting.