1982-06-22 TOWN BOARD MEETING JUNE 223 1982
TOWN BOARD MEMBERS f
MRS. FRANCES WALTER-SUPERVISOR
MR. DANIEL OLSON-COUNCILMAN €
DR. CHARLES EISENHART-COUNCILMAN
MR. DANIEL MORRELL-COUNCILMAN
MRS. BETTY MONAHAN-COUNCILMAN
MR. JOSEPH BRENNAN-TOWN COUNSEL
PRESS: G.F. Post Star, WWSC
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TOWN OFFICIALS: Mr. Paul NayZor, Mr. Rick Missita, Mr. Thomas Flaherty I
GUESTS: Mr. Robert Stewart, Mr. DeMars, Mr. Joseph Daire, Mr. George Boown
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MORRELL
MEETING OPENED 7:38 P.M.
PUBLIC HEARING
JUNK YARD-JERRY BROWN - LOWER WARREN STREET NOTICE SHOWN 7:38 P.M.
SUPERVISOR WALTER- opened the Public Hearing, asked if anyone wished to speak in regard
to the proposed Junk Yard
PEARL CARPENTER- Resident of 30 Warren Street, next door to the proposed site.
noted that Mr. Brown had made a big improvement to the area, cleaning up the mess
a t the site. . .I think he should have the permit. . .
COUNCILMAN OLSON-Was yourpropertyj the Sullivan Property?
PEARL CARPENTER- yes, noted that she had nine children, and was afraid when she first
-moved there about the rodents and quarry, but Mr. Brown has taken care of this. . .
ROBERT"STEWART- representing Mr. Jerry Brown-Reviewed the application as presented
to the Town Board, noted that Mr. Brown was concerned over the placing of a fence i
around four sides of the project, noted that natural terrain, z�auZd'bloc--k? the view
of the proposed business.. .using a map showed the Town Board the pmdposed site. ..
noted that the Town Board can only give a permit for a one year period and at the
end of this time Mr. Brown must resubmit for another permit, at this time if any
problems had arisen the Board could request changes such as further fencing. . .
spoke on the cost of fencing the area. . .Mr. Brown has' pZaeed a good deal of money
into the property and has graded and Leveled and is filling in the Quarry and the
area Looks better than before.
PEARL CARPENTER-noted that she did not mind if a fence was not placed on her side.
COUNCILMAN OLSON- how many feet does the fence have to be placed away from the the road
and residences?
ROBERT STEWART - 100' from the highway, 300' from a residence.
COUNCILMAN MONAHAN- asked what size was Mr. Brown using for the Junk yard portion?
ROBERT STEWART- we do not know at this time, noted it would depend if the business grew,
they wished to fence only the area that they would use for the next few years.
COUNCILMAN MONAHAN-noted that she had visited the site and was concerned over the -
unattractive vehicles left in the front of the property, did Mr. Brown have plans
to.-clean up this area?
_ F
ROBERT STEWART- noted that Mr. Brown has two seperate businesses, one is repairing
vehicles, vehicles are brought in to be repaired and are Left at the front awaiting
parts, when the vehicles are repaired they are then picked up by the owners, when
vehicles are brouht in as junk they are taken behind the fence and used as spare parts
where they cannot be seen.
COUNCILMAN MONAHAN- noted that her concern was for more attractive business for
people using the highway to go by. . .
ROBERT STEWART- noted that Mr. Broom will appear before the Beautification Committee
and he wiZZ do what ever is necessary to cornpZy . . .
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Mr. DeMars- asked Mr. Stewart to clarify the difference between Junk vs. repa Ke' , noted
that he had seen some cars in the front that were at one time in So. GZens Falls Junk
Yard.
ROBERT STEWART- read from the Queensbury Ordinance, two or more unregistered oZ&.'or
second hand, no longer in condition to be legally used are junk . . .
MR. DEMARS- I forsee problems re: junk vs. rule:,.. .
ROBERT STEWART- noted that junk itehicZes will be placed behind the fence, vehicles
being repaired will, be in front. . .
I
MR. DEMARS- asked what the projected growth of the business is ?
ROBERT STEWART- at this point we do not know, it could grow-.large or get smatter.
MR. DEMARS- what good will this business be for the Town of Queensbury?
ROBERT STEWART- spoke on the additional revenue gained from sates tax. . .
SUPERVISOR WALTER- spoke on the what the Town can and can not do under the ordinance
and zoning in the area. . .
JOESPH DAIRE—spoke on the sales tax review and the benefits to the Town of Queensbury.
SUPERVISOR WALTER- noted that Mr. Brown must also get a license from the State of New
York to operate a Junk Yard, in order to receive this license he must prove to the
State that the Town has no objection. The Town is in the process of reassessing the
existing ordinance but at this time we must go by the one that is on the books.
i COUNCILMAN OLSON- the business must keep accurate books and records, and they are
inspected by the State. . .
ROBERT STEWART- since the license will be for a one year period, if the ordinance is
changed,the junk yards in the Town must comply to the new ordinance when their license
becomesdue.
COUNCILMAN MONAHAN- Mr. Stewart do you know the size of the building in which he plans
to do the repair work?
ROBERT STEWART- Right now, he will use the existing building. . .
COUNCILMAN MONAHAN- questioned if a building of this size could be used as a repair shop
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for large vehicles?
ROBERT STEWART- I think Long range as the business deveZopes he would like to expand
this buiZding. . .right now he is limited to motor overhauls. . .noted that the application
does not go to this.
COUNCILMAN MONAHAN- I realize this, I was looking at the over all effect, if you cant
take the trucks inside to work on them, it will pile up outside. . .
ROBERT STEWART- Which I think he has a right to do in that zone. . .
COUNCILMAN MONAHAN-You are saying that is a heavy industrial zone down there, I do not
see where junk yards are listed.
ROBERT STEWART- They are with a apeciaZ permit. . .in answer to your question does this zone
specifically state that junk yards are allowed, no it does not, no zone in the Town of
Queensbury says junk yards. . .you have depot; storage etc. . . .which we fall into.
This has gone through the Zoning board and they agreed, that unanimousZy, that yes, it was
approved and yes,, they reviewed the site plan and yes, they approved it so I do not think
there is any question on whether or not it applies from a zoning point of view, the
question is whether it complies to ordinance number
COUNCILMAN MORRELL- I have a question in regard to the area of lands that are to be
fenced in—Section four says that the entire area of land used in any manner in connection
with such junk yard enclosed with-.a tight board or sheet metal fence not less than eight
feet in height painted green. . .if the proposed area is three hundred by three hundred
feet and then it becomes neces to become three hundred by six hundred feet there is
no probision in this ordinanc s it can or cannot be done.
ROBERT STEWART-It is our proposal to fence in as much of the twelve acres, ae might
be necessary over the year to absorb however much we have. . .
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COUNCILMAN MONAHAN- I think we have to have a definite area.
w.
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SUPERVISOR WALTER-. . .You are proposing to fence in the area that he wishes to store
at this time with no questions.
ROBERT STEWART- right
SUPERVISOR WALTER-.You are going to;on four sides fence in the area of proposed storage. ..
ROBERT STEWART- If this Board tells him that he has to. . .I wonder if putting an adequate
fence across the front and an adequate fence up the west side to more than shield Mr.
Olson, if the trees were cut down and defer to the Lady that is here tonight, I wonder
if we have to go aZZ the way aroun�when no one that I can see, from going in there several
times
., can see what will be stored there from any ofhthe adjacent property, at Least
at tae present time.
COUNCILMAN MONAHAN- But you are also creating a hazard. . .an attractive hazard E
to children, which I think is another reason why they should be fenced. .
ROBERT STEWART- If you suggest that a fence is going to keep somebody from
going over the fence and stealing a generator, it just isn't going to happen. . .
COUNCILMAN MORRELL- without a fence and somebody gets in and gets hurt without a fence,
creats a problem. . .
ROBERT STEWART-the fence, I think, if you Zook at your ordinance, the fence is a cosmetic
device to shield the appearance, as far as Locking this so nobody" can get at it,
there is no fence known to man that you can 't climb over or burrow under.
SUPERVISOR WALTER- asked for further input from the public. . .are there any questions from
the Board?
COUNCILMAN MONAHAN- I have questions that need to be taken up with Joesph Brennan. . .
SUPERVISOR WALTER- closed the public hearing 8:15 P.M.
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
W 1 Nn- .3$„ Introduced by Mr. Daniel Olson who moved for its adoption,
seconded "Mr. Daniel Morrell
RESOLVED, that the minutes of June 8th 1982 be and hereby are approved.
DULL advptdd by the following vote:
Ayes: Mr. Olson, Mr. MorreZZ, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: Dr. Eisenhart
RESOLUTION TO ATTEND CONFERENCE
RESOLUTION NO, 240. Introduced by Mr. Daniel Morrell who moved for its adoption
seconded' Mrs. Frances Walter:
RESOLVED, that Chief of Police, Charles Judkins be authorized to attend the New York
State Chief's of Police conference at t7vTurf Inn in Albany, New York, July 18
through the 22nd.,--1982 and be it further
RESOLVED, that the Town Board authorizes payment of all reasonable and necessary
expenses.
DuZy adopted by the following vote:
Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: Nome
Absent: Dr. Eisenhart
RESOLUTION AUTHORIZING ASSIGNMENT OF TRANSPORTATION CONTRACT WITH LOUIS T. FISHER TO
UPSTATE TRANSIT, ff-CORPORATED
RF. rjTrnN Nn 9e1 Introduced by Mrs. Frances Walter who moved for its adoption,
seconded by Mr. Daniel Olson:
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WHEREAS
� , the „ has entered into an agreement dated February 5, 1982 between Louis
T. Fisher and the Town whereby Louis T. Fisher is to provide safe transportation for
Senior Citizens pursuant to the Transportation Plan of the Town,
WHEREAS Louis T. Fisher is desirous-of transferring his interest in the current
agreement with the Town to Upstate Transit, . Incorporated so that Upstate Transit,
Incorporated may continue to provide those services now provided to the Town by
Louis T. Fisher pursuant to the terms of the existing agreement,
WHEREAS Upstate Transit, Incorporated is an existing corporation providing transportation
services in upstate New York,
WHEREAS, said agreement is dated
RESOLVED, that the Supervisor is hereby authorized and directed to execute an addendum
to the agreement between 'Louis T. Fisher and the Town authorizing the assignment of
the interests of Louis T. Fisher in the agreement to Upstate Transit, Incorporated
and providing that upon said assignment, the responsibility for the faithful performance
of the agreement shaZZ pass to Upskte Transit, Incorporated.
Duly adopted by 'the following vote:
Ayes: Mr. Olson, Mr _ Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: Dr. Eisenhart
Discussion held in regard to above resolution: Supervisor Walter- Mr. Fisher-has sold
his interest to upstate transit in the business that he formally ran and this resolution
was submitted by the Warren County Attorney 's Office to all those communities that
are currently under contract with Mr. Fisher, just as a matter of formality to say that
the present contract under which Mr. Fisher is operating and the same payment that we
would have provided to Mr. Fisher would go to Upstate Transit Company which is taking
over his business, as it is, on a yearly basis. Next year we will not be receiving
any bids from Mr. Fisher in as much as he will no longer be in business.
COUNCILMAN OLSON- we are agreeing to enter into a contract with a new person?
SUPERVISOR WALTER-it is an agreement that we recognize that our contractual obligations
with Fisher are being transferred to Upstate, for the same amount of money for the
remainder of the contract period.
COUNCILMAN OESON- when does the contract transfer take place?
SUPERVISOR WALTER- as far as I know it already has. . .
COUNCILMAN OLSON- 1'.want to continue the bussing of our senior citizens,
I am a little surprised that the firm that has purchased this has not contacted the Town
to talk with us. . . Have they assumad?other interests in the County as weZZ?
SUPERVISOR WALTER-yes COUNCILMAN MONAHAN- I am not familiar with this contract, they are
paid once a month? SUPERVISOR WALTER-yes COUNCILMAN MONAHAN-after the service is performed
or before? SUPERVISOR WALTER- after it is my understanding that Upstate transit will
continue in the same vein for this year as if it was the Louis Fisher transportation
services, and next year they will be submitting bids in their own name. COUNCILMAN
OLSON- noted that the Town had an excellent working relationship -with Mr. Fisher. . .
COUNCILMAN MONAHAN- I assume that we do have certificates of insurance on file with
Mr. Fisher. . .with the clause that the Town is to be notified if the insurance is
cancelled within ten days. . .Town CounseZ-DOT will receive the cancellation and revke the
permit. . .
RESOLUTION TO DESIGNATE POLLING PLACES IN THE TOWN OF QUEENSBURY
Rb.gnTT1'PT0N NO -39a-9 Introduced by Mr. Mr. Daniel Olson who moved for its adoption,
seconded by Mr. Daniel Morrell
WHEREAS, Article 4 Section 66 of the Election Law provides that this Board shall
designate the Polling Places where registration of voters and the election shall be
held during the year following, NOW, THEEEFO.V'BE IT
RESOLVED, that the following locations be and they hereby are designated as the
respective Polling places in the districts as enumerated
DISTRICT LOCATION'
1. South Queensbury Fire House
2. Bay Ridge Fire House '
3. Bay Ridge Fire House
4. North Queensbury Fire House
5. Warren County MunicipaZ Center
6. Queensbury Middle School (East Door)
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7. Queensbury Town Office Building
8. Queensbury Central Fire House
9. Queensbury Senior High School
10. Cerebral Palsy Center
11. John Burke Apts. (Senior Citizens Center) !
12. Kensington Road School (west entrance) !
13. Den Wilhelm Auto Sales
14. West Glens Falls Fire House
15. West Glens Falls Fire House
16. Queensbury Water Dept. (Maint. Bldg.)
17. Queensbury Town Office Building E
18. West Glens Falls Fire House
and be it further
RESOLVED, that the rental for such polling places be and the came hereby is
fixed at the sum of $40.00 per annum per district.
DuZy adopted by the following vote:
Ayes: Mr. OZson, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: Dr. Eisenhart
COUNCILMAN MONAHAN- my only comments is that since that is my district and it always
has been at the Mohican Grange since I can remember .T regret to see that it is leaving
the Grange but I realize the reasons for it.
SUPERVISOR WALTER- those reasons being that all polling places have to comply with easy
access for handicapped persons. . .
COUNCILMAN MORRELL- _ `#`< ,t legal to have a polling place for the Town of Queensbury in the
City of Glens FaZZs?
TOWN COUNSEL- I have looked into `that and yes—it is permissible. . .
RESOLUTION TO CONDUCT CIRCUS
Rrs rk'TQN,NR y�„ Introduced by Mr. Daniel Morrell who moved for its adoption,
by seconded yMr�?Daniel Olson
RESOLVED, that permission is hereby granted to conduct a circus as follows:
{
E
SPONSOR: Greater Lake George Kiwanis Club
CIRCUS: Clyde Seatty/Cole Brothers Circus
PLACE: Luzerne Road Circus FieZd
DATE: JuZy 27-18 1982
and be it further
RESOLVED, that the Town Clerk is hereby authorized and directed to issue a permit
to the aforesaid sponsor upon receipt of proof of liability insurance in the amount
of not less than $500,0001$1,000,000.00 bodily injury liability and $50,000 property
damage liability insurance.
Duly adopted by the foZlowing vote:
Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: Name
Absent: Dr. Eisenhart
RESOLUTION TO REAPPOINT
Introduced by Mrs. Betty Monahan who moved for its adoption,
s�fded by Mr.Mr. Daniel Olson:
WHEREAS, the term of Sylvia Dougher on the Cemetery Commission is due to expire on
June 30, 1982, and
WHEREAS, the Town Board of Queensbury wishes to reappoint Mrs. Dougher for a three
year term to expire on June 30, 1985 NOW, THEREFORE BE IT
r
RESOLVED, that Mrs. Sylvia Dougher is hereby reappointed to the Cemetery Commission for
129
a three year term to expire on June 30, 1985.
Duly adopted by the following vote
j Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:' Dr. Eisenhart
Councilman OZson-I would like to thank Mrs. Dougher for her time a patience and expertise
she has given to this commission over the years especially in the wake of our sad
situation when we had to find a new superintendent, her time was given very freely
to that position.
RESOLUTION TO ACCEPT DEED TO REAL PROPERTY FOR USE AS TOWN HIGHWAY
rt)TTnN Nn- .45, Introduced by Mr. Daniel Olson who moved for its adoption, seconded
by Mrs. Betty Monahan:
WHEREAS, Edward W. Grant has executed and offered a deed to certain real property for
town highway purposes, which proposed-highway is not less than Fifty Feet (501)
in width and which is described in Schedule "All attached hereto and made a part hereof, and
WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised
in writing that he recommends that this Board accept this land for highway purposes into
the Town highway system, and
WHEREAS, Thomas K. Flaherty, Water Superintendent of the Town of Queensbury, has advised
that the proposed highway is not situate within the geographical boundaries of the Queens-
bury Water District, and
WHEREAS, the form of the deed has been approved by Joseph R. Brannan, Esq., Counsel to the
Board,
NOW, THEREFORE BE IT
RESOLVED, that the aforementioned deed be cod the same is hereby accepted and approved
and that the Town Clerk be hereby authorized and directed to cause said deed to be
recorded in the Warren County'CZerk's Office after which said deed shall be properly
filed and maintained in the Office of the Town Clerk of the Town of Queensbury,
and be it further
RESOLVED, that the new road be hereby added to the official inventory of the Town
highways and described therein as follows:
Road No. 385
Description: Beginning at BouZderwood Drive continue southwesterly 1550 feet
Name: WiZ&000d Place Mileage: 1550 feet
1 Duly adopted by -&e following vote:
i
Ayes: Mr. Olson, Mr. MorreZZ, Mrs. Monahan, Mrs. Walter
Noes: None
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Absent: Dr. Eisenhart
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Discussion followed resolution. . .Mr. Grant was present and showed a map to the
Town Board, noting that he hoped to complete the road before snow fall. . .
Mr. Naylor noted that Mr. Grant had done a fine job on the road. . .
RESOLUTION TO ENTER INTO CONTRACT
1
ES90TInm mu Nn ? Introduced Mr. Daniel Olson who moved for its adoption, seconded
by Mrs. Betty Manahan:
WHEREAS, the Town of Queensbury and the City of Glens Falls are sponsoring a joint
celebration on July 4th, 1982 in Crandall Park, NOW, THEREFORE BE IT
RESOLVED, that the Town Board hereby authorizes the Supervisor, Frances J. Walter
to enter into a contract with -the City of Glens Falls for a joint celebration in
Crandall Park on July 4, 1982, and be it further
RESOLVED, that the Town Board has budgeted $2,000.00 which may be applied toward the
joint celebration.
DuZy adopted by the following vote:
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Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: Dr. Eisenhart
RESOLUTION TO TRANSFER FUNDS AND CREATING NEW ACCOUNT -
gg,So ,nTrnN Nn 2a?- Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Mrs. Frances Walter: p
WHEREAS, it is necessary for accounting purposes to differentiate on building costs
NOW, THEREFORE BE IT -
RESOLVED, to transfer $10,500.00 from CF1620.440 Revenue Sharing to CF 1620.441 for
accounting purposes.
Duly adopted by the following vote:
Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: Dr. Eisenhart E
Supervisor Walter- we have a certain amount of money under revenue sharing which is
designated by a OF number, the $10,500.00 has been allocated for any renovations
thdt need to be made at the house at Hovey Pond that the Town has acquired. I can
interested in keeping track of the costs in the renovations and in order to break
that out from the building code, I wanted to add another num"eraZ, so we can identify
through purchase orders and vouchers what it is going to cost us for that house.
It is a matter of transferring for bookkeeping purposes. We have had several
people Zook at the house as farc;as what needs to be done and what shoiZd be done-
before we can have any kind of senior citizens activities there we are pretty much
going to be putting together specs and going out to bid on what needs to be done
for the house. When we accep�Me bids, we will be doxirig some work and having to
pay the bills.
CounciZm= Monahan- For that sum of money are we going to be able to make this
so the Senior Citizens can use it?
St*e"rvisor WaZter- Supposedly so, yes. We are looking for the major work to be done
by professionals and the senior citizens have volunteered to do much of the other work
themselves.,4 As far as moving waZZs and those kinds of things we would bid that out
and painting and other work would be done by the Seniors which would cut the costs.
COMMUNICATIONS t
Ltr. 6-9-82
The Queensbury Town Board
I would like too request the matter of a speed limit for F.olling Ridge Development.
In as much as there has been speeding in the area. The safety of small children is
involved.
Thank you,
Mrs. E. James Barrett
Councilman Olson- requested that the letter be turned over to the Highway Dept..
and Police Dept. }
(Councilman Eisenhart joined the meeting)
Ltr. D.O.T. re: speed limit Dixon Road. . .40 MPH from Aviation Road to
Peggy Ann Road On fiZe. . .
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Ltr. June 14, 1982
Dear Mr. Chase,
Thank you for forwarding a copy of resolution #119.
I certainly understand and appreciate the Town Board's position with respect
to this ZegiaZation. We have interceded and can assure you that the 4% surcharge
will not be implemented.
Again, thank you for affording me the benefit of the Town Board's views.
Sincerely,
/s/
Ronald Stafford
n
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ILTR. Chief Judkins. . .Recommendations regarding Sweet Road
1. Stop signs controlling east and nest traffic on Sweet Road at Montray be
removed and the four-way stop eliminated.
2. The yield sign at Route 9 and Sweet Road be changed to a stop sign.
j 3. A yield sign be erected at Edgewood Drive for traffic entering Sweet Road.
I 4. A posted speed limit of 40 MPH be established for the entire length of Sweet road.
1
Ztr on fi Ze.
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Supervisor Walter recommended that DOT be'notified of the Town Ybishes re: 40 MPH
requested that Paul Naylor check out Ordinance 28 re: placement of stop sign-on
Sweet Road. . .and check with the State also on the yield and stop signs. . .
RESOLUTION REQUESTING FEASIBILITY STUDY TO REVIEW SPEED LIMIT ON SWEET ROAD
VW(Znrr'=R7 IT^ '"°, Introduced by Dr. Eisenhart who moved for its adoption, seconded
by Mr. Daniel OZson:
WHEREAS, numerous complaints have been received from the residents of Sweet Road
concerned over the exist* speed limit and
WHEREAS, the Queensbury Town Board requests the Department of Transportation to
conduct a feasibility study regarding the possibility of lowering the speed limit
on Sweet Road from Route 9 to Country Club Road, NOW, THEREFORE BE IT
RESOLVED, that the Totem Clerk be authorized to send the proper forms to the
Department of Transportation requesting the feasibility study for Stbeet Road.
DuZy adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
SUPERVISOR WALTER- received a petition from residents of Knox Road "I, the undersigned
as a resident of Knox Rd., Assembly Pmiint, Lake George, Warren County, New York, do
hereby declare that, the Town of Queensbury, to the best of my knowledge, has, maintained
Knox Rd. for the stated years noted with my signature. I also wish to state that, I
believe Knox Rd. should be kept open and maintained by the Town of Queensbury, for the
safety, and security of those who reside there!" ten signatures
A resolution was passed in 1963 regarding town roads in Queensbury, which were designated
as Town Roads, because many roads were by we there were no deeds recorded at that time.-
Mr. Codner, Highway Supt, put together a list of the roads that he had maintained for
many years and the Town Board accepted them as Town Roads. It is my understanding that
I Knox Road was not knouw by that name but as West Shore Road So.
JOSEPH BRENNAN-TOWN COUNSEL- noted that this is not the only road in the Town that is
in this statu3, none of these road were dedicated where a deed has been offered to the
Town and it was accepted, these, if they are Town Roads they are highways by use.
Highway by use has to meet two criteria 1. The road be open for travel and used by the
general public 2. The Town regularly, continuously and in a systematic fashion care
and maintain the roadway exercise dominion and control over the road and in fact treat
it in the same ;fashion as it hats other town roadways. Mr. Knox's contention
is that the whole area has been in his family for 100 years, there has to be work done
in the county clerk's Office because his contention is that the purchasers of the land
were in fact given rights of way by his predecessors in title, to use a private roadway.
Information will have to be gathered from the Highway Employees, the Residents of the
Area and deeds from the County Clerk's Office. . . the information should be ready for
the next Tom Board Meeting. . .
Mr. Martindale- Mr. Knox's wants a new road in there over 80 feet. . .
SUPERVISOR ((ALTER- he wants the road relocated somewhere else.
JOSEPH BRENNAN-TOWN COUNSEL-The property is bisected by the road, my estimate "houZd
be that there is 60 to 80 feet on one side of it, and these lots wouZd .. not meet
the minimum requirements where -tf the road was moved over to that Zocation� it would make
that land ususable. ..
GEORGE BOWIN Resident of area. . .noted that the Town has plowed the road, graded it and
oiled it over the years
TOWN COUNSEL- asked if Mr. Bowin had seen the Town e*-Loyeeg working on the road and
jhas the location of the road changed?
132
MR. GEORGE BOWIN- yes the men have worked on the road, and cleared brush and
no the road has not changed. . .
TOWN COUNSEL- I will ask from Mr. Knox's attorney any information that they might
have supporting their claim. . .so we will have full knowledge of aZZ ..the facts. .
MR. GEORGE BOWIN- I want to go on record not ' opposed to the change he wants to
make in the road as tong as the road is maintained year round.
TOWN COUNSEL- If it is a town road, the town may ZeZZy� expend municipal funds
for the care and maintenance of the roads if it is not a town road the town may °
not Legally expend funds. . .
COUNCILMAN EISENHART- asked if his deed denoted the right of way?
MR. 5OW1N- I Rdlieft it does
SUPERVISOR WALTER- we hope to have some determination at the next town board
meeting. . .
The Town Board has received a report from the Highway Dept. on roads that have been
paved, in the Last one and a half months, five miZes. . .that is basically what was
done all Last year. . .I think you guys are doing a super 'job all should be commended
not only the workers and the foreman bu# you Paul.
COUNCILMAN OLSON- I will make a copy of this.Zetter available to the press. . .
I want to compZ ment you and your employees for the exeatZent job. thanked him for
keeping the board informed. . .
OPEN FORUM 9:09 P.M.
Joseph Daire-noted that Mr. Naylor was doing a fine job. . .requested that the speed
limit sign on Frt. Amherst Road be replaced. . .asked that the Town Board consider
a place inhere salt can be kept under cover, save money. . .
RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS
RF."APMN NO Pao Introduced by Mr. Daniel Morrell whoa mved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that Audit of Bills as listed on Abstract No. 82-6E and numbered
1066 and- totaling $2986.00 be and hereby is approved.
Duty adopted by the following vote:
Ayes Mr.OZson, Dr. Eisenhart, Mr. MorrelZ, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
On motion the meeting was adjourned.
Respectfully,
Donald A . Chase
Town Clerk
Town of Queensbury