1966-03-10 Regrslar Meeting March 10, 1966
Present,:
John 0. Webster Supervisor_
N. Harwood Beaty Councilman
Theodore Turner Councilman
Curtis Lamson Councilman
Hammond Robertson, Jr. Councilman
Supervisor Webster called the meeting to order at 7:30 p.m.
The following visitors were greeted by Supervisor Webster.
.James Dempsey - Visitor
Floyd Picket Visitor
Leon Bennett - Visitor Atty. Martin Geruso - Vis-itor
Noble Reynolds - Visitor.
Jerry Bennett - Mobile Home Application
Thomas K. Flaherty - Superintendent of Queensbury Water District
Bernard J. Codner - Superintendent of Highways
John Austin, Jr. - Reporter, The Post Star
The minutes of the meeting-of March 3rd, 1966 were approved.
C rri_ed unanimously.
The clerk proceeded to present an application under Section 4B of
the Mobile Fome Ordinance of the Town of Queensbury, for Mr.Cerald
Bennett of 109 Dix Avenue, Hudson Falls, TTew York.
Superintendent of Highways, Bernard J. Codner stated that >the--
road where th.e mobile home would be located is not a town. road
at this time.
Mr. F. Mrs Douglas Williams and Mr. A• Mrs. Paul LeClair visited the
meeting at this time.
Mr. Floyd Pickett spoke in favor of the granting of a permit on a
temporary basis for Mr. Gerald Bennett.
The decision. of the Town Board i.n its entirety was to receive the
application, but action on the matter will be delayed until a later
date.
Attorney Martin Geruso, stated that he was agreeable to change the
original apnlicati_on to Section 4 - 2C of the. Mobile Home Ordinance
of the Town of Queensbury.
Mr. James Dempsey stated that a certain church group of which he is
a member are resisting the fact that a local business firmhas
deci.dpd to remain open for business on Sunday' s.
Chief of Police, LeRoy Phillips and Mr. Melvin Slopey visited the
meeting at this time.
STATE TRAFFIC COMMISSION File 656
NOTICE OF ACTION G-1313 —
Warren County
As of March 2, 1966
The State Traffic Commission has filed an order with the Secretary of
State wherebv
Section 2352.10 Subdivision (e) Paragraph (1L___
of the Regulations of the State Traffic Commission is Repealed
d- �
(State Traffic Commission - Notice of Action -continued)
It reads as follows:
(e) Intersection of Route 254 with:
(1) Glens Falls Bypass (Station 34-1- on SH 656) with stop sign
on ,Glens Falls Bypass - entrance from north.
The above action is to be effective Upon Completion
This action is taken to order the removal of the stop sian when
Signal 21 is installed at this location.
The N.Y.S. D.P.W. is to install, operate and maintain, or remove,
Traffic-control devices in conformance with the Manual of Uniform
Traffi-c Control Devices of the State Traffic Commission to complete
this action. Copies of a completion notice have been enclosed for
this purpose. One copy should be properly executed, shoeing date of
pompletion, and returned to this office.
County: �larren
Town: Que.ensbury
STATE TRAFFIC COMMISSION
WILLIAM S. HULTS
Chairman
By: LLOYD A. MAEDER
Chief Traffic Engineer
t
STATE TRAFFIC COMMISSION File 656
NOTICE OF ACTION ` G-i313
Warren County
As of March 2, 1966
The State Traffic Commission has filed an Order with the Secretary
of State whereby
Section 2052.10 Subdivision N Para.nraph ------
of. the Regulations of the State Traffic Commission is Added
To read as follows: (k) Route 254, SH 656, at its intersection with
Quaker_ Road ,
Route' 254 (CR 42) (Signal 21)
(1) A right green arrow facing east on Route 254
shall be displayed during appropriate
intervals of the signal cycle.
The above action is to be effective Upon Completion
This action provides for the installation, operation and maintenance
of Signal 21 in accordance with' the` attached pa'es.
The N.Y.S. D.P.W. is to install, operate and maintain, or remove,
Traffic-control devices in conformance with the Manual of Uniform
-- Traffic Control Devices of the State Traffic Commission to complete this
action. It is essential that this office be promptly advised of the
date of completion. Copies of a completion notice have been enclosed for
tbisp purpose. One copy shouldd be properly executed, showing" date of
completion, and returned to this office.
STATE TRAFFIC COMMISSION
County Warren WILLIAM S. HULTS, Chairman
Town: Queensbury
By: LLOYD A. MAEDER
rl,ief Traffic rralInPer
The following communication was read by the clerk:
An application was received from Melvin Slopey to build and arrange
a Mobile Home Court in a location on VanDusen and Pitcher Road.
Supervisor Webste- questioned the plans of Mr. Slopey as to whether
the lots would be ,sold outright or for rent only. Mr_ . Slopey stated
that he is planning to rent lots for mobile home occupancy.
The application was tabled for study. Action will take place at an
early date.
The report of New Construction was received and placed on file,
There were ten reports received for the month of February, 1966.
Supervisor Webster presented the Monthly Highway Financial Rep-ort
to the members of the Town Board.
The Monthly Statement of the Supervisor was received and placed on
file. The Total Receipts for the month of February were $44,128.63.
The Total. Disbursements for the month were $91,555.17.
Mr. LeRoy Phillips, Chief of Police was granted the floor; The
report was submitted that uniforms are available from the
Warren County Sheriff' s Department at a cost of $1.00 each.
RESOLUTION N0. 62, introduced by Mr. . Robertson, seconded by Mr. Turner.
WHEREAS, the Town Board heretofore adopted Resolution No. 38 for
A public hearing at the Queensbury Junior High School on
January ,27, ,1966, on proposed contracts for general ambulance
service fora consideration of $1,000.00 with West Glens Falls
Volunteer Fire Company, Inc. , Bay-Ridge Volunteer Fire Company,
Inc. , and North Queensbury Volunteer Fire Company, Inc_. , and _
WHEREAS, such public hearing was held at the appointed time and
place and no person appeared in opposition to the making of the-
proposed contracts and it has been determined that it will be in
the public-interest to make such contracts, be it
RESOLVED that the Town. Board of the Town of Queensbury enter into
contracts with each of West Glens, Falls Voli.inteer° F _re Company, Inc. ,
Bay-Ridge Volunteer Fire Company, Inc. and North Queensbury Volunteer
Fire Company, Inc. for general ambulance service in the Town of
Queensbury during the fiscal year of 1966 for a consideration of
$1,000.00 to be paid to each said Company, and that the Supervisor
be and he"hereby is authorized to execute siich contracts on behalf
of the Town Board in form approved by the County Attorney.
Duly adopted by the following vote:
Ayes - Mr. Beaty, Mr. Turner, Mr. La.mpson, Mr. Robertson. and
Mr. Webster.
Noes - None
RESOLUTION N0. 63, introduced by Mr. . Lampson, seconded by Mr-.' Robertson.
WHEREAS, the Town Board, acting for and in behalf of Bay Road�Water
District, entered into a contract with Howard A. LaRose on
September 9 , 1965, said contract being designed as Contract No. 6,
for the installation of water mains in Bay Road Water District for
a contract price of $233,490.00, and
P)
(Resolution No. 63 - continued)
WHEREAS, at the time the specifications for said contract were
prepared the exact location of the water mains were uncertain by
reason of a projected improvement of Bay Road by the County of
Warren, and subsequently the Warren County Department of Highways
prepared a ma-T) for the f,mprovement of Bay Road which required a
change of the location of the water main, and as a result of such.
change of location Howard A. LaRose, the contractor, has made a
claim in the amount of $1,310.80 for additional. rock excavation
and the amount of such claim has been. approved by Joseph A. Kestner,
engineer, and
— t
WHEREAS, Howard A. LaRose has made claim for an additional. amount
of $115.74 for additional work performed by him in connecti.onwith
the Bay Road water main project which was not covered.by the
specifications or contract and Joseph A. Kestner has approved the
sum of $115.74 as the reasonable value of such additional work,
be it
RESOLVED, that the Town_Board of the Town of Queensbury, acting for
and in behalf of. Bay Road Water District, pay to Howard A LaRose the
sum of $15310.80 as the fair and reasonable value of additional rock
excavation made necessary by the change of location of the water main
after- the adoption of specifications, and the further slim of $11.5.74
as the reasonable valise of additional work performed by Howard A. La.Rose,
which work was not included in the specifications or included in
Contract No. 6.
Duly adopted by the following vote:
Ayes - Mr. Beaty, Mr. Ttirner, Mr. Lampson and Mr. Robertson
Noes - Mr. Webster
RESOLUTION NO. 64, introduced by Mr. Turner, seconded by Mr. Beaty.
P.EVEWE ANTICIPATION NOTE. RFS0T,UTION
OF THE TO OF. QTTFENSBURY 31 TOWN WARREN
COUNTY, NEW YORK, IN THE AMOUNT OF
$20,000.00
BE IT RESOLVED this 10th day of March, 1966, bv, the Town Boardd, of
the Town of Queensbury, Warren County, New York, as follows:
Section 1. That, pursuant to the Local Finance Law of the State
of New York, in anticipation of the coll.ecti..on of a specific revenue
other than real estate taxes or assessments, to wit: the receipt and
collection of water rents in Queensblary hater District in said town to
become due and payable during the fiscal year commencing January 1., 1966,
shall. issue and -ell n revenue anti_cipntion not in the amount of
$20,000.00 to mature on July 1, 1966.
Section 2. That the amount of the unCbllectred specific revenue
aforesaid, to wit: the collection of water rents in. (",kieensbury Water
District against which said note is anthor.ized to be i_ssiied, is as of
the date hereof the sum of at least $45,000.00 and that tbPr_e are no
other ot,tstanding revenue anticipation notes issued in anticipation of
the receipt of such revenue.
Section 3. 'bat-, except as herein specifically pr. esr..ri.bed , said
note shall_ be of the date, terms, form contents and place, of na,,rment
and at a rate of interest not excecd?i_nz three and one-half (31%) per
centum per annum as may be determined and executed by the Supervisor,
consistent, however, with the provisions of the LocnI. Finance Law of
the State of New York, and shall_ be executed in the name of the said
Town of Qt eensbury by its Supervisor and the seal of the Town ehAll
be attached thereto and attested by its Toem Clerk,
Section 4. That said note shall be sold at private sale by the
Supervisor at a price of not less than par value and accused interest,
if any, and upon due execution and sale of said note, the same shall
be delivered to the purchaser upon the payment by him to the
Supervisor of the purchase price in cash, and the receipt of the
Supervisor shall. be a full acquittance to the purchaser who shall
not be obliged to see to the application of the purchase money.
Section 4. The Bill faith and credit of the Town of Qpeensbury,
Warren County, New York, are pledged to the punctual_ payment of the
principal of and interest on said note.
Section 6. This resolution shall take effect immediately.
The foregoing resolution was duly put to a vote which resulted
as follows:
Yes-Mr. Beaty, Mr. Turner, Mr. Lampson,
Mr. Robertson and Mr. Webster.
No- None
The, deed of Lester Drive was presented to the clerk for fileing.
WARREN COUNTY MUNICIPAL CENTER
Lake George, N. Y.
Department
Law March 10, 1966
To: John 0. T• eb ster, Supervisor
Re: Tester Drive
I have examined the enclosed deed from John Lester to the
Town of Queensbury conveying lands for Lester Drive and it appears
to me to be satisfactory in form.
This is the case where the acceptance pf the highway depends
on some additional work being done by Mr. Lester. Clark, Bartlett,
Caffry & Dube, attorneys for Mr. Lester, prepared an agreement
which y specified certain word to be done and under i%rhich Mr. Lester
was to deposit $1,000.00 with his attorneys in lieu of a performance
bond.
I was not satisfied with the terms of this agreement because
I feel that the money should be held by the Town in the escrow and
agency account until the work is done. The money would be perfectly
safe with the attorneys but if Mr. Lester should die before the
work is done, the money would be an asset of his estate. If the
executor or administrator failed to complete the work tinder the
agreement, the Town would have to do it and would probably wind up
with a claim against the estate which might lead to litigation.
Also I want the agreement to provide that the Town Superintendent
of Highways shall be the ,sole judge as to whether the workhas been
completed in accordance with the agreement. —
Mr. Bartlett' s office has agreed to prepare a new agreement
which will provide that the Town hold the $1,000.00 and which will
make Mr. Codner the sole judge as to the sufficiency of the work
done under the agreement.
(ReY Lester Drive - continued),
Mr. Bartl.ett' s office has agreed to prepare a new agreement
which will. provide that the Town hold the $1,000.00 and which will
make Mr. Codner the sole judge as to the slifficiency of the work done
under the agreement.
Mr Lester has a purchaser for lot on. Lester Drive but the
attorney for the purchaser will not approve the title until. the Town
has accepted Lester Drive as a town highway. I suggest, that you bold
up- the acceptance of the deed until the agreement has been redrafted
and executed and the $1,000.00 paid to the Town.
Albert E. Beswick
County Attorney
RESOLUTION TO PROVIDE FOR ACCEPTANCE OF REVISED AGREEMENT
RESOLUTION NO. 65, introduced by Mr. Turner, seconded by Mr. Robertson.
WHEREAS, this board adopted resolution. #50 on February 1.0, 1966
which approved an agreement with Mr. John Lester subject to the
approval of County attorney, Albert E. Beswick, and
14HEREAS, attor_ney` Beswick has a0visod this board that he recommends
that certain changes be made in this agreement, be it
RESOLVED,.' that the original agreement, as set; forth in the minutes
of this board dated Febrtiary 10, 1966 is hereby not accepted, and
be, it further_
RESOLVED, that a new agreement as set forth in the minutes of this
meeting, be and the same is hereby approved, subject to the approval
of Attorney Albert E. Beswick, and be it further
r
RESOLVED, that all reference tQ this agreement contained in
said Resolution 4A 50, dated February 10, 1966, shall apply to the
new and revised agreement as set forth in the minutes of this
meeting.
Duly adopted by the following vote:
Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster
Noes - None
THIS AGREEMENT, made in duplicate originals, this 10th day of
March, 1966 between JOHN LESTER residing on West Mountain Road,
Town -of Queensbury, Warren County, New York, hereinafter refferred to
as the Party of the First Part, and THE TOWN OF OUEENSBURY, a
municipal corporation with offices in Warren County, New York
hereinafter referred to as the Party of the Second Part,
WHEREAS, the Party of the First Part is the owner of a certain
subdivision of land known as and by "Lester Drive" located in the
Town of Queensbury, Warren County, New York,, as shown on a certain man
entitled, "Map of Lester Drive" made by John B. VanDusen, Professional
-- Land Surveyor, dated May 29, 1965 and filed in the Warren County Clerk' s
office on November 29, 1965, and
WHEREAS, the Party of the First Part is desiroi.is of conveying to
the Party of the Second Part a. road also known as "Lester Drive" as
shown and described op the aforementioned map of "Lester Drive
SubdivisionP1; and
376
WHEREAS, said road does not, at the present time, comply
with the requirements of the Party of the Second Part for unconditional
acceptance,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH: .
That in consideration of the maltual promises and agree-
Tpemts herein contained, the parties hereto agree as follows
1. The Pa:rtyaof the First Part shall, no later than
July 111 1966 bulldoze said road to the appropriate grade through-
out its entire width and. thr_ol.ighout the, turnaround as both width
and turnaround are shown on the aforementioned map , and the Party
of the First Part further agrees to install on or before such date,
a twelve inch culvert underneath said road in such a _manner as to
cause the water flowing through such culvert to discharge and flow
al.on- the common boundary between Lots No. 10 and 11 of "Lester
Drive" as shown on the aforementioned map, which culvert installa-
tion is- to be made in the event that the exi sting, culvert beneath . -
said road is not so installed as to direct the drainage as afore-
said.
2. The Party of the First Part further agrees to
deposit, simultaneously with the execution of this agreement, the
sum of One Thousand Dollars ($15,000.00) in escrow, with the party
of the second part, to be deposited in its escrow account, upon the
following escrow terms: That in the event the work as aforesaid
on said "Lester, Drive: is completed prior to July 1, 1.966,., and
approved in writing by Bernard Codner, Superintendent of Highways
of the Town of Queensbury, or his successor, then, in that event,
the said sum of money is to be released from escrow and returned
to .the Party of the First Part. In the event that said work is
not completed on time and to the satisfaction of said Superintendent
of Highways, said escrow fund is to be delivered to the Party of_
the Second Part to be used by it, in whole or in part, to effect
the highway improvement as aforesaid.
3 The Party of the Second Part hereby agrees to accept
said road kn m as "Lester Drive" immediately and in its present
condition and to keep said road free of snow and ice, and to
perform any and all services to said road which are customarily
performed to public highways within the Town of Queensbury.
John J. Lester
TOWN OF QUEENSBURY
BY: John 0. Webster,, Supervisor
RESOLUTION TO AUTHORIZE TRANSFER OF FUNDS
RESOLUTION NO. 66, introduced by Mr. Lampson, seconded by Mr. Turner. .
RESOLVED, that the Supervisor is hereby authorized and directed to
transfer the sum of $1,000. from surplus funds in the General Town
Fund to the Queensbury Drainage District Fund, said sum to, be re-
nai.d to the General Town Fund without- further resolution of this
board as soon as sli.fficient tax monies are received by the Queens-
bury Drainage District, durin¢ this fiscal year of 1966.
Duly adopted by the following vote:
Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and
Mr. Webster_ .
Noes - None
Justice of the Peace, James A. Davidson. visited the meeting at
this time.
RESOLUTION TO APPROPRLAT.E UNEXPENDED 1965 BALANCES IN
HIGHWAY FUNDS
RESOLUTION NO. 67, introduced by Mr. Robertson, seconded by Mr. Lampson.
RESOLVED, that the following unexpended balances be and the same are
hereby appropriated as follows:
ITEM # 1 Balance of $2.01 appropriated to ITEM # 1 Repair,
thereby increasing the 1966 appropriation from $100,000.00 to
$1002002.01.
ITEM # 3 and 4 Balance of $5,903.80 appropriated to T.TEM 4 3,
Machinery Purchase, thereby increasing the 1966 appropriation -from.
$17,000.00 to $22,903.80
Duly adopted by the following vote:
Aves - Mr. Beaty, Mr. . Tttrner, Mr. Lampson Mr. Robertson and Mr. Webster_
Noes - None
RESOLUTION TO AUTHORIZE INCLUSION OF WORKMEN*S COMPENSATIOI\T
COVERAGE FOR ELECTIVE OR APPOINTIVE OFFICERS OF THE TOWN
OF QUEENSBURY
RESOLUTION NO. 68, introduced by Mr. Lamason, seconded by Mr. Rea_ty.
RESOLVED, that this board , acting on behalf of the Town of Queensbury,
and pursuant to Section 54, Subdivision 6 of the New York Workm.en' s
Compensation Lana, hereby elects to bring All of its elective or
appointive officers w-,Lthin_ the coverage of the New York Workmen' s
Comnensation La.g, it being the intent of this resolution to provide
such coverage to all town officials and officers and employees,
both electi.ve and appointive, wi_tho„r exception.
Deily adopt-e(i b-,T t-hQ fol.lru7iinc, vote:
Ayes - Mr. . Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster
Noes - None
Councilman Beaty reported do eompla�nts as received from residents
of 0*aen Avenue, to do with impossible highway conditions.
A lengthy study on the lay-out-, of the new Municipal. Building took
place at this time.
RESOLUTION 1,10. 64, TNTRODUCED BY Mr. Beaty, seconded by Mr. . Robertson.
RFSOLVED that the Aiidi.t- of Claims as listed in Abstract #66-3 numbered
#299 through #347 inclusive and totaling $66,671.14 is hereby approved.
Duly adopted by the following vote :
Aves - Mr. Beaty, Mr. Turner, Mr. T amp son, Mr. . Robertson and Mr. Webster
Noes - None
On motion. the meeting adjoiirned;°
Respectfully submitted
George C. Crannell, ToT,m Clerk