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1965-03-11 470 WHEREAS, it has been determined that . James A. Davidson, an attorney at law residing in �the Town of Queensbury, is qualified to be appointed to fill such vacancy, be it RESOLVED that, pursuant to subdivision 5 of Section 64 of the Town Law, James A. Davidson, .residing at 16 Northrup Drive, be and he hereby is appointed a Justice of the Peace of Queensbury to fill the vacancy caused by the death of Andrew R. Butz who had been elected .to that office, to hold office until his successor is elected .at the general election t©- be held -on the 2nd day of November, 1965. 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 . Regular Meeting March 11, 1965 Present: John O;• 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._ Supervisor Webster greeted the following visitors: Mrs Frank R. Matthews E.E. Blake -- Mr. Frank R. Matthews James M. Blake M.D. a:.- - Malcolm Mitchell N. E. Wait Mrs. E. B. Bottum Jane A. Wait Ethel Burack Cohn Mrs. Kenton S. McIntyre f Jean S-. 0lton Mr. Kenton S. Maclntyre Edward B. Bottum John VanDusen Mrs. Robert Fishman, Thomas Flaherty Donald M. Borth Leon Nassivera Frank J. Lockhart "Bucky" Corlew James R. Starbuck Bernard J. Codner Harold D. Rathbun Bernie Zovistoski Charles H. Scudder James E. West Harold E. -Rocklin Carol B. West Frank K. .Weber Ned & Eve .Strenzsel Evelyn B. Weber Joan Hay Elizabeth J. Rocklin - Marion Crannell Supervisor Webster, declared the public hearing open on the petition of the residents of "Plum Point" to zone the section for residential use only. Proof of publication was presented by the clerk. The reading of the notice was dispensed with at this time. 471 The Supervisor requested statements of any person who appeared in opposition to the proposed zoning. Mr. Frank J. Lockhart questioned the town board as to the status of making use of his property at "Plum Point" for a group of rentable summer cabins. It is expected_ that •these cabins will be offered for rent in 1965. Attorney Donald Borth of the Lake George Park Commission stated that this type of construction will not be prohibited by the resulting ordinance which will be adopted at a later date. Mr. Kenton McIntyre questioned Mr. Lockhart as to his plans for the construction as planned. Mr. Edward Bottum questioned Attorney Borth as to whether a person who may construct one family units on his property would be con- sidered a commercialventure. Mr. Harold Rathbun raised the question as to the possible increase in -pToperty_values at the "Plum Point" location following the adoption of the zoning ordinance_.as proposed. Supervisor Webster discussed the over-all effect .of the proposed ordinance on the propertied to be zoned. The group in its entirety with the exception of Mr. Frank Lockhart voiced the hopes that the ordinance will beadopted as planned. The hearing was declared closed -,at 8:30 -p. m. RESOLUTION NO. 56, Introduced by Mr. Beaty, seconded by Mr. Robertson. WHEREAS, there was presented to the Town Board of the Town of Queensbury, Warren County, New York, . a petition praying for the establishment of a residential area within the Lake Qeorge Park pursuant to the provisions of Article 13-C of the General Municipal Law, which proposed residential area as described in said petition is at Plum Point in the Town.of Queensbury, and WHEREAS, after the filing of said petition, this Town Board adopted Resolution No. 47 on the 11th day of February, 1965, which recited the filing of said petition, provided for a public hearing on said petition at the Queensbury School on Aviation Road in said town on the 11th day of March, 1965, at 7:30 o'clock, P. M. , and directed the Town Clerk to give notice of such hearing in the manner provided by law, and WHEREAS, proof has been presented to the Town Boar& that a certified copy of said resolution was publiched in the Post Star and Glens Falls Times at least ten days prior to said hearing,that a certified copy of said resolution was posted on the Town Clerk' s bulletin board at least ten days prior to said hearing, and that a copy of said resolution was mailed by registered mail, return receipt requested, to each resident owner of real property within the proposed area who had not signed said petition and to each non-resident owner of real property within the proposed area, all at least ten days and not more than twenty days prior to the date fixed for such public hearing, and r 4'72 WHEREAS, the Town Board conducted a public hearing at the time and place specified therefor in said resolution at which several persons who had signed said petition were present and several resident owners who had not signed the petition were present and at which there were also present several persons who are not the owners of real property in said proposed area, and all persons desiring to be heard having been heard, and all property owners who were present having expressed themselves as being in favor of the establishment of the proposed residential area, and only one person having expressed opposition to the establishment of the proposed zone, and after due deliberation, be it RESOLVED that it be and hereby is determined: (1) That said petition requesting the establishment of a residential area within the Lake George Park pursuant to Article 13iC of the General Municipal Law is signed and acknowledged or proved as required by law and is otherwise sufficient, and (2) That there is no part or portion of the real property - within the proposed area which should not be included therein, and (3) That it is in the overall public interest to grant the relief sought, and be it-further RESOLVED that Albert E. Beswick, acting as Town Attorney, be and he hereby is requested to prepare an ordinance which will establish a residential area as proposed in said petition. Duly adopted by the following -vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. , Noes - None The minutes of the 'meetings of.February 25, 1965 and March 4th, 1965 were approved. Carried unanimously. Superintendent of Highways, Bernard J. Codner presented the following letter to the Town Board. March 8, 1965 - To: The Town Board of Queensbury Subject: Highway Littering Gentlemen: On more than one occasion I have reported to this board the serious situation regarding the littering of our streets, roads and highways. In spite of some publicity and warnings, conditions do not improve and if anything they- seem to be getting worse. As the snow has gone away this year almost every road and highway of the town carries evidence of bottles and cans and papers and trash deposited on the shoulders of the road and up to the fence lines. From my observation this deplorable situation is a result of three major factors: 1. The throwing of trash by the public, often in small quantities at a time, from moving vehicles. 2. The illegal dumping of loads of trash along highways, sometimes in more remote areas. 4'73 3. The litter falling from moving trucks when the load is either improperly covered or completely uncovered. There is evidence of new concern even on a national level to make our highways more attractive and locally, we are receiving many complaints from our own townspeople regarding this .littering problem. As our town develops it is a sugject becoming more 'important to our residents each year. Our highway department-will make a- renewed- effort this spring; ' with the cooperation of-many of our property owners, to once again clean up the roadsides but it seems to me that the time has come to demand more forceful action to prevent the condition from reoccuring. We already have enough laws to deal with this. The State laws forbid littering and establish penalties for violations. Our town has ordinances, and the one adopted only last year requires all trucks hauling rubbish or trash to a dump, or traveling anywhere in the town, to be covered by a tarpoulin or other secure cover. I respectfully recommend to the town board that these laws preventing littering be enforced and that all possible steps be taken to clear up this problem. Bernard J. Codner, Highway Supt. Supervisor Webster presented a statement which would serve to offer the cooperation of the Town Board in the effort which was suggested by Superintendent of Highways, Bernard J. .Codner. Supervisor Webster presented the Monthly Statement of the Supervisor. There were $30,238.66 in Receipts and Disbursements of $66,186.36. -- The Town Board adjourned and reeconvened as the Town of Queensbury Board of Health. A. R. Stein Box 225 Cleverdale N. Y. March '2, 1965 Lake George Park Commission To Whom It May Concern, We are year around residents of Warner Bay on Lake George, This winter we have been observing six ice shacks on the ice„ in this bay. Two of these shacks were removed this past weekend and the debris left behind, to fill the lake, is shocking. There are cartons of cans and bottles, containers of all descriptions, wood and dead fish. We also understand some of the fishermen use anti-freeze to keep these holes open. Why, when there are restrictions on this lake, to protect the quality of our drinking water, is this allowed? I don't know if this complaint is being directed to .the proper channel but feel we must start somewhere. There is yet four more shacks to go, what may we expect to find as they leave? As a year around resident, depending on the lake for our drinking water, we hope we can look to this Commission for immediate action in this matter. Sincerely, Dorotha Stein (Mrs.) March 5 , 1965 4'74 March 5,' 19 65 Mrs. A. R. Stein Box 225 Cleverdale, New 'York Dear Mrs, Stein: Thank you for your letter of March 2 with respect to debris, etc. , left on the lake by fishermen. This constitutes a violation of section 1153 and 1153-a of the Public Health Law and is within the jurisdiction of your local Board of Health. -Therefore' I am forwarding a copy of your ,letter to the Town Board of Queensbury. As you know, junk and debris abandoned by fishermen is an annual problem and a news release will be sent out next week calling attention to the law'and,asking for cooperation. We appreciate your interest in getting in toueh with us concerning, this matter. Sincerely yours, E. J. Monroe, Chairman RESOLUTION NO. 57, Introduced by Mr. Robertson, seconded by Mr. Turner. WREREAS, this town board, meeting as a board of health, has received a report of an alleged violation of Section 1153 and 1153-a of the Public Health Law, be it RESOLVED, that this alleged report of violation be forwarded to the town police department for investigation, report, and appropriate action, and be it further RESOLVED, that the services and cooperation of the district office 'of the New York State Department of Health be 'requested in the investigation of. this or any similar- violation. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes - None ` The Town Board came to order again at 9:45 p. 'm. Last year, when I made an annual report of the activities of our town government for the year 1963, I wrote as follows: "The 'decision to create the new Queensbury Water District may well prove , to be the most significant action ever `taken in the history of our town" ° The severe drought that has taken place since then has already made this prophecy of just one year ago a pr en est reality. As private individual wells continue to go dry throughout the town, it is quite apparant to the town board that` 'every effort must be ._..� made now to extend the water system to as many additional areas as possible and as soon as possible. I i i 4'75 One of the very purposes ofthe creation- of the Queensbury Water District was to build a water supply system which could serve as a "back bone" so to speak for many future extentions into other areas. Looking back, it is easy to see how much more critical the situation would be nov if' the° than board ha& not taken the steps k of the pasttwo "years in getting the water supply' -system underway. The town board has already authorized advanced engineering studies for the extention, of water' mains'-on Bay Road;- Ridge` Road, Country Club .Road-, and Route- 9.- In' addition',- the�board- has been working on plans for extentions to South Queensbury and the West Glens Falls area of the town. In discussions with the town board it is now apparent that we are united in a° decision that the engineering study for' these extentions "should be expedited and carried out at the i earliest possible time. So that' there can be 'ho misunderstanding as to the position of the board in this matter, I have drawn up the following resolution for consideration at this time: John 0, Webster, -Supervisor RESOLUTION TO AUTHORIZE TMIEDIATE ENGINEERING SURVEY FOR NEW WATER DISTRICTS_ RESOLUTION NO. 58, introduced by Mr. Turner,' seconded by Mr. Robertson WHEREAS, it is hereby determined that the severe drought of the last three years, and as it now continues, is rapidly creating a critical situation for hundreds of property owners, and the lowering water table and the drying up of private water wells is placing a heavy burdon of expense on many- property' owners in almost every, pant of the f town, and ' WHEREAS, this board has Alreadyrcommenced engineering studies with -- the purpose of extending the Queensbury Water District and distribution system to other areas of the town, and WHEREAS, this board is already making arrangements for the expansion pf water production capacity at the Queensbury Well Field and Pumping Station, and WHEREAS, this board has joined with other area communities in an application for a regional engineering survey of all water resources in this area, but any such engineering report will not be available for at least two years, now therefore be it RESOLVED, that this board hereby determines that these engineering studies should be accelerated and increased to the fullest extent possible, and` to acdomplish'this' the* towns board hereby authorizes the mployment of� Jose�h 'A. Kestner, Jr. , of Troy, -New York, e engineer of the Queensbury hater District, as-.soon as satisfactory terms of ari engineering contract can be agreed upon, to immediately undertake a complete engineering plan and report to create -a water district in the South Queensbury/Imperial area of the town; In the Reservoir Park, Dixon Road, Broadacres, Grant Avenue, Barber Avenue and ' Sherman Avenue atea of the town; -and in the West Glens Falls, Western Park, Corinth Road, and Luzerne Road Area .of the town, and be it further - RESOLVED, that this authorization shall also apply to any and all other areas of the town upon approval of this board. Duly adopted by the °following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes - None 476 RESOLUTION TO REAPPONT ;MEMBER OF RECREATION COMMISSION RESOLUTION NO. 59, introduced by Mr. Beaty, seconded by Mr. Lampson WHEREAS, the term of MARTIN F. GERUSO, JR. , as` a member of the Recreation Commission of the Town of Queensbury will expire -on February 27, 1965, be it RESOLVED that MARTIN F. GERUSO, JR. , be and hereby is reappointed a member off, the Reereation. Commission of the Town of Queensbury.. for a term of five. years, said term to expire, on February' 27, 1970. Duly adopted by the following vote: ' Ayes Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None RESOLUTION NO. 60, introduced by Mr. Turner, seconded by. Mr. . Beaty WHEREAS, this board has received a recommendation from the Superintendent of the-�Queensbury Water District, Thomas K. Flaherty, that the hourly rate of wages paid to Scott Hopkins, employee of the water department, be increased from $1.60 per hour to $1.70 per hour, be it RESOLVED, that the hourly rate of wages paid to Scott Hopkins, employee of the Queensbury Water Department be and the- same is increased from $1.60 to $1.70 per -hour, effective this March 16th, 1965. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None RESOLUTION NO. 6131 introduced by Mr. Beaty, seconded by Mr. Lampson. WHEREAS, this Town Board considers the completion of the Prospect Mountain development by the State of New York to be of great importance to the year around economy..of this region, of the State, and WHEREAS, substantial sums of money have already been expended in developing plans for the project, and in the purchase of some 3000 acres of land for a toll highway, and WHEREAS, it would appear that this development would be fully self supporting and would therefore be an asset and not a liability to the State of New York, be it RESOLVED, that the Town Board of the Town of Queensbury hereby urges the completion of the Prospect Mountain development -at the earliest possible date for 'the 'benefi.t of the economy, of this region as well as for the enjoyment of the many people who ,visit r this area. Duly,adopted by the following vote: Ayes Mr. -IBeaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes None, RESOLUTION NO. 62 , introduced by Mr. Lampson, seconded by Mr. Robertson WHEREAS, this board approved audit #22 in January, 1965 and a check was drawn on the General Town Fund to Andrew R. Butz in payment thereof, and 4?? (Resolution No. 62 - continued) WHEREAS, Andrew R. Butz has since deceased without presenting the check for payment, and the attorney for his estate has returned said check to the town, be it RESOLVED, that Check # 2330 of the General Fund, in the amount of $5.00, payable to Andrew R. Butz be and the -same is hereby cancelled and be it further RESOLVED, that the Supervksor is hereby authorized and directed to replace -the check with a new check in like amount payable to the Estate of Andrew R. Butz. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes None T Councilman Robertson discussed the proposed extensions of the Queensbury Water District. The Town Board in its entirety studied the planned extensions to be..installed during 1965. RESOLUTION NO. 63, introduced by Mr. Beaty, seconded by Mr. Turner. RESOLVED that, the Audit of Claims as listed in Abstract #65-3 numbered 227 through 311 and totaling $15, 763.18 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