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1975-05-13 f REGULAR MEETING MAY 13, 1975 MEMBERS PRESENT: Gordon S. Streeter-Supervisor Daniel Olson-Councilman Robert Barber-Councilman Harold Robillard-Councilman Hammond Robertson-Councilman J. David Little-Town Counsel TOWN EMPLOYEES Thomas Flaherty, Carl Garb, Ray Buckley, George Liapes, Harold Boynton 'l COUNTY OFFICIALS CITY OFFICIAL Harwood Beaty Mayor Cronin PRESS : Lee Coleman, Norman Mjaatvedt GUESTS : Cj Mrs. Temple, Mr. Chitty, Mr. Seybolt, Mr.Ovitt, Mr. Keiser, Mr. & Mrs. x Rozelle, Mr. Rolland Mandigo, .Mr. Earl Maille, Mr. John Monahan, Mr. C=� Glen Gregory, Mr. Francis Fish, Mrs. Finch Q Meeting Opened 7:30 P.M. Salute to the Flag-led by Donald A. Chase,Town Clerk BID OPENING ON COMMUNCIATIONS SYSTEM-QUEENSBURY TOWN OFFICE BUILDING AND HIGHWAY-POLICE GARAGE NOTICE OF ADVERTISEMENT SHOWN-BIDS OPENHD 7 :32 P.M. --------------------------------------------------------------------------- ' unications Systems of Albany Certified Check A Division of D.J. Sullivan Co, , Inc. 6 Highland Ave. , Albany, N.Y. 12205 $1 ,973. 90 Total Installed Cost $19, 739. 00 Non Collusion attached. ------------------------------- United Telecommunications Corp. Bond 1843 Central Avenue 10% of bid Albany, New York 12205 Chsh price $24, 248.64 9 year lease $361. 30 per month computed at 11. 5% interest Nona Collusion attached. New York Telephone Certified Check 158 State Street Albany, New York 12201 $718.48 Tie 40PBX Tie 42 PBX sIt. nine yrd monthly 889.26 lst. n ne yrs. monthly 974.28 , next six yrs. monthly 646. 33 next 6 yrs. montly 646. 33 installation est. 7, 184. 76 installation est. 2, 670. 76 Non Collusion attached. ! Teleci, Inc. Cashiers Check telephone sales, installation and service 2,591.50 P.O. Box 18195 Memphis, Tennessee . 38118 j i Price of Basic system 25, 915.00 1 recurring monthly charges to Telephone Co. 340. 50 No-non collusion; --------------------------------------------------------------------------- Councilman Robertson-noted hhat the town wishes to have the most economical system available. . . . due to the complexity of the bidding we wish to evaluate each bid closely. . . 2 RESOLUTION TO TABLE BIDS RESOLUTION NO. 105 Introduced by Mr. Hammond Robertson who moved its adoption, secondeU by Mr. Harold Robillard: WHEREAS , bids on the Communications System for the Queensbury Town Office Building and the Highway/Police Garage were opened and, WHEREAS, due to the complexity of the bidding no decision can be made at this time, now, therefore be it RESOLVED, that the bids' be turned over to the Town Engineer and Building Committee for their analysis and be it further RESOLVED that the recommendation from these departments be made to the Town Board on May 27, 1975 at a regular Town Board Meeting. Duly adopted by the following vote Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes : None Absent: None BID OPENXNq N THE BAY ROAD WATER IMPROVEMENT NOTICE OF ADVERTISEMENT SHOWN 7 :45 P.M. BIDS OPENED. --------------------------------------------------------------------------- Robert D. Spence Inc. Non<celkaeinn-' , i Airport Road Attached Syracuse, New York 13209 Total bid $41, 778.00 --------------------------------------------------------------------------- Un""ited 'States Pipe and Foundry Company Non collusion Burlington, New Jersey attached Item 1. 301))' 6" 4. 19' 2. 1000 ' 8" 5. 87' 3. 3300 ' 12" 9.68' 4. 100 ! 16" 13. 82' 5. 100124" 22. 88' Total Bid 42, 741.00 -----------------------------------------------------x------------------------ Canron Inc. Non collusion Warren Pipe Division attached 183 Sitgreaves St. Phillipsburg, New Jersey 08865 Total 41,465. 00 --------------------------------------------------------------------------- Bids were turned over to the Water Superintendent for his recommendation. . . RESOLUTION TO SET PUBLIC HEARING ON BAY ROAD WATER IMPROVEMENT RESOLUTION NO. 106 Introduced by Mr. Hammond Robertson who moved its adoption, seconder by Mr. Harold Robillard: WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York, has had under consideration the increase and improvement of the. facilities of the Bay Road Water District in the Town of Queensbury , Warren County, New York, consisting of the relocation and reconstruction of a water line in said District; and WH,BREAS, said Town Board has duly caused a map, plan and estimate of cost for such relocation and reconstruction to be prepared by a competent engineer duly licensed by the State of New York; and WHEREAS, it is now desired to call a public hearing on said map, plan and estimate of cost pursuant to Section 202-b of the Town Law; NOW, 3 THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York, as follows: Section 1. A meeting of the Town Board of the Town of Queensbury, Warren County, New York, shall be held at the Town Office Building, in Glens Falls, New York, in said Town, on the 10th day of June, 1975, at 7: 30 o'clock P.M. Eastern Daylight Saving Time, for the purpose of conducting a public hearing on the map, plan and estimate of cost re- ferred to in the preambles hereof, at which time and place said Town Board will hear all persons interested in the subject thereof, concerning _ the same. i Section 2. The Town Clerk is hereby authorized and directed to L cause a notice of said public hearing to be published in the Glens Falls Newspapers and the Tri County News and posted in the manner provided by law, which notice shall be in substantially the following form, to-wit: NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board of the Town of Queensbury, Warren County, New York, will meet at the Town Office Building, in Glens Falls , New York, in said Town, on the 10th day of June, 1975 at 7 : 30 o'clock P.M. , Eastern Daylight Saving Time, for the purpose of conducting a public hearing on a certain map, plan and Cq estimate of cost relating to the proposed relocation and reconstruction of a water line in said District, at an estimated cost of $ 70000 . 0 0 , at which time and place said Town Board will hear ally-persons interested in the subject matter thereof, concerning the same. A copy of said map, plan and estimate of cost is on file in the office of the Town Clerk where the same may be examined by interested persons during regular business hours. Dated: Glens Falls, New York, May 13th, 1975. BY ORDER OF THE TOWN BOARD- OF THE TOWN OF QUEENSBURY, WARREN COUNTY, �—' NEW YORK By Donald A. Chase Town Clerk Section 3. This resolution shell take effect immediately. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr , Robillard, Mr. Robertson, Mr. Streeter Noes : None Absent: None MOBILE HOME HEARING Application of Roy E. Blackmer Jr. of 39 Gregwood Circle to place on mobile home on property owned by Roy E. Blackmer Sr. , VanDusen Road Building & Zoning Department recommended approval for one year only. . . t— Notice of Public Hearing shown. . .Mr. Blackmer was not. present. . . Councilman Olson noted that he went to site and applica i.-�nt requested Hat his app cation be tabled two weeks, noted the ppeeibility that he might purchase a home. .. Councilman Robillard because of the legal notice the hearing must be held. . . ton g t. . . Supervisor Streeter questioned if anyone was present to speak for or against the application. . .no one spoke. . . Councilman Olson-I would not approve the application the site has not been c eane up, no adequate water or sewere-system. . . Councilman Barber motioned to deny. . . Councilman a i and-due to the lack of attendance of Mr. Blackmer and seemingly ac o interest I would sendnd Mr. Barber' s request. . . Councilman Barber-noted stipulations were made and were not kept and e and lack of interest I moved to deny. . . 4 RESOLUTION TO DISAPPROVE APPLICATION FOR PERMIT TO LOCATE MOBILE HOME IN THE TOWN OF QUEENSBURY RESOLUTION NO. 107, Introduced by Mr. Robert Barber who moved its adoption, seconded by Mr. Harold Robillard: WHEREAS, Roy E. Blackmer Jr. of 39 Gregwood Circle has made application to this Board ,for a permit to locate a Mobile Home at property situated at VanDusen Roadand owned by Mr. Roy E. Blackmer Sr. , 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 Queenebury, therefore be it RESOLVED, that there was no hardship shown on the original application therefore be it further RESOLVED, that the application of Roy E. Blackmer Jr. be and is hereby disapproved and that the Town Clerk is hereby directed to notify Roy E. Blackmer Jr. of the decision of this Board. Duly adopted by the following vote. Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes: Ndne Absent: None , MOBILE HOME HEARING William and Marion Maille of West Mountain Road to locate a mobile home on Minnesota Avenue on property owned by Martin C. & Ruby J. Mosher. . . written consent to locate on this property was presented. . .Building & Zoning Dept. recommended approval "since this is only a change of ownership I recommend approval, Harold E. Boynton) Notice of Hearing shown. . .Hearing opened. . .applicants were not present. . . No one spoke for or against the application. . . Councilman Barber noted for the record that Mr. & Mrs. Maille ave met with t e Board on this application before. . . RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 108 Introduced by Mr. Harold Robillard who moved its adoption, secon a by Mr. Daniel Olson: WHEREAS, William & Marion Maille of West Mountain Road 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 at Minnesota Avenue, 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 at said public hearing are sufficient to authorize the issuance of the permit requested by said application, therefore be it--- RESOLVED, that pursuant to the provisions of the above mentioned j ordinance, permission is hereby given to William and Marion Maille .—J to locate a mobile home at property situated at Minnesota Avenue and that the Building Inspector 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. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes: None Absent: None 5 MOBILE HOME HEARING Stephen Seybolt-of Luzerne Road to extend his permit for one year. . . property owned by Stephen Seybolt. . .Building & Zoning recommendations- The trailer of Mr. & Mrs . Seybolt was inspected by me when the original permit was granted. The septic system was also approved at that time, being in my estimation adequate for the purpose it was to serve; on the assumption that a home was to be built in one year. At that time a new system has to be installed when the cellar is excavated. If a new modular home is not installed within a period_ of _six months from this date then I would recommend disapproval and present trailer be rentved. Notice shown. . .Hearing opened: Mr. Seybolt was present. . . Mr. Seybolt noted that he picked up the brush in the front yard Mr. Boynton took pictures _of the location and noted that it had been picked up. . . Councilman Olson also viewed the site and noted that the yarddihad been picked up. . . Mr. Ovitt Lives across the road. . . I am against the mobile home. . . he has not lived up to the, rules he has cut down the barrier and has not started his home. . . Mr. Fred Keiser-across the road from Mr. Seybolt. . .noted Mr. Seybolt' s wife has been sick and Mr. Seybolt has been out of work all winter this is why he has not lived up to the Boards ' recommendations. . .he should have a chance to try,. . . �_ Councilman Barber-The applicant should note that the application is for one year. . .if you come back to this board one year from now ;r to renew this application under the present cireomstances I will deny it. z� You have one year to comply. . . .with the agreements you set forth last year. Ga Mr. Seybolt-I will go to a double if I have to but I would like to build my own. . . Councilman Robillard-seconded Councilman Barber7s feelings . . .I am very upset the barrier was cut down. . . if you show some faith you may have a chance but if you show none at all I think you will be on your way. Councilman Olson-After seeing the site yesterday and talking with your wife. . I feel that you have tried. . .to clean up the area. . . this is a permit for only one year if the application comes up againsI would vote against it. RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION N0. 109, Introduced by Mr. Daniel Olson who moved its adoption, secnnded by Mr. Hammond Robertson: WHEREAS, Stephen Seybolt of Luzerne Road has made application in accordance with paragraph 2 (b) 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 at Luzerne Road, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to authorize the issuance of the permit requested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, temporary permission is hereby given to Mr. Stephen Seybolt of Luzerne Road to locate a mobile home outside of a licensed mobile homet.-court for a period of one year at property situated at Luzerne Road, Town of Queens- bury and that the Building Inspector is hereby authorized acid directed to issue such permit in accordance with the terms and conditions of said ordinance. Duly adopted by the following vote: _ j Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes : None Absent: None NEW MOBILE HOME APPLICATIONS Lillieann D. & Sidney Duell of 43 East Street to occupy atmobile home on Richardson Street-application withdrawn via telephone call of May 13, 1975. . . Councilman Robillard noted that he would not approvec'anyone living in the existing mobile home and asked the Building & Zoning Dept. to take appropriate action against the owners to condemn the building. . . 6� Councilman Barber:also recommended condemnation proceedings if the Duell' s did not clean up the area. . . MOBILE HOME-NEW APPLICATION Mr. & Mrs. Vashti Temple of Homestead Villiage to place a mobile home on property owned by Louis Chitty-Corinth ,Road- Building and Zoning -approved application. . .Mr. Chitty and Mrs. Temple were present- Lease shown. . . Councilman Barber-Questioned as to who will remove the existing mobile home . Mr. Chitty-1 will. . . Councilman Olson. ." you are planning to purchase the property; Mr:: . Chitty-Yes nat lease it Councilman Robillard-noted no hardship shown . . . would like to see the application tabled for two weeks and during this time have Mrs. Temple see the Building and Zoning Dept. and list her hardship. . . Mrs. Temple-noted herk,husband retirement and they would like a garden and that it not possible where they live now. . . Supervisor Streeter-The application will be tabled for two weeks- May 27, 1975. . . RESOLUTION TO APPOINT PLANNING BOARD MEMBER RESOLUTION NO. 110 Introduced by Mr. Gordon Streeter who move its adoption, seconded by Mr. Harold Ro i ar ; WHEREAS a vacancy now exists on the Planning Board due to the resignation of Sjoedje Richardson who has since been appointed to the Zoning Board of Appeals, NOW, THEREFORE BE IT RESOLVED, that Mrs. James Carlaw of 50 Wincrest Drive be and she hereby is appointed as a member of the Planning Board of the Town of Queensbury effective this date and- is to serve the remainder of Mrs. Richardson' s term, September 30, 1979. Duly adopted by the following vote: j i Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Street Noes : None Absent: None RESOLUTION TO APPOINT MEMBER OF RECREATION COMMISSION RESOLUTION NO, 111, Introduced by Mr. Daniel Olson who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS, the term of James Kneeshaw has expired on February 27, 1975, and WHEREAS, Mr. James Kneeshaw has notified the board that he does not wish reappointment, now, therefore be it RESOLVED, that C. Matthew Yasko of Buena Vista Avenue, Queensbury be appointed to the Recreation Commission, term to expire February 27, 1980. Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Barber, Mr: Robillard, Mr. Robertson, Mr. Streete-- , j Noesl, NF6ne I Absent: None RESOLUTION TO PUBLISH NOTICE OF APPLICATION TO DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR PERMIT TO MINE AT QUEENSBURY LANDFILL RESOLUTION NO. 112 Introduced by Mr. Harold Robillard who moved its adoption, secon a by Mr. Hammond Robertson: WHEREAS, the New York State Mined Land Reclamation Law requires any operator who intends to mine 1000 tons of any mineral, including sand, gravel and stone, from the earth within 12 successive months after April 1, 1975 to have a permit therefor, and WHEREAS, the Town of Queensbury is required to give notice of the proposed or existing mining operation application for permit, and WHEREAS the Town of Queensbury intends to mine in excess of 1000 tons in the landfill site and to make application for a permit to do so, NOW THEREFORE BE IT i RESOLVED, that the Town Clerk of the .Town of Queensbury be and hereby is directed to publish a notice in the form hereto annexed in the Town newspapers once a week for two successive weeks, and be it further RESOLVED that the Town Engineer file the necessary application forms with the Department of Environmental Conservation, Bureau of Minerals, so as to secure such permit. Duly adopted by the following vote: Ayes: Mr. Olson, _, Mr. Robillard, Mr. Robertson, Mr. Streeter V" Noes :' L ac,. Barber CQ Absent: None RESOLUTION TO ACCEPT A DEED FOR A HIGHWAY RESOLTUION NO. 113, Intooduced by Mr. Robert Barber who moved its a opt on, second-e-a second-e- by Mr. Daniel Olson: WHEREAS, Henry J. Sleight has executed and offered a Deed for Town roadways which is described in Schedule "A" attached hereto and made part hereof, and WHEREAS, Carl A. Garb, Superintendent of Highways, has advised that he recommends to tllsrBoaid that it accept this land for highway purposes as an addition to the Town highway system, and WHEREAS, said Deed has been approved by J. David Little, Esquire, Counsel to the Town Board, NOW THEREFORE, be it RESOLVED, that the aforementioned Deed be and the same is hereby authorized and approved, and the Town Board 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: Heinrich St. -343 Heinrich. Circle -344 Midnight South -345 DESCRIPTION: Heinrick Street-Beg. Southerly end of Midnnight South northwesterly to dead end. Heinrick Circle-Beg. at Heinrick Street southerly ending at Heinrick Circle Midnight South-Beg. Dixon Road southerly ending at Heinrick Street °— MILEGAE: 343-0. 04 344-0.43 345-0. 06 Duly adopted by the following vote: Ayes: Mr. .Olson, Mr. Barber, Mr-r Robillard, Mr. Robertson, Mr. Streeter Noes : Ndne Absent: None RESOLUTION TO TR-:AMFER FUNDS FROM GENERAL TOWN FUND TO POLICE/HIGHWAY GARAGE FUND RESOLUTION NO. 114, Introduced by Mr. Harold Robillard who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS, there are certain obligations due and payable by the Police Highway Garage Construction account and funds are not available until a later date, therefore be it RESOLVED, that the General Town Fund transfer the sum of $13 ,800.00 to the Police/Highway Garage Construction Account - such loan to be repaid on or before December 31, 1975. Duly adopted by the following vote'z Ayes : Mr. Olson, Mr. Barber, Mrr Robillard, Mr. Robertson, Mr. Streetei Noes: None --� Absent: None Mr. Hillis-questioned the expenditure of the Police Highway Garhge. . .why it had to be paid now. . . Supervisor Streeter-noted that this was a bookkeeping proceedure a transfer for one account to another until revenue funds come in. . . The work has been completed(land request their funds at this time. . . Thhy;:;� RESOLUTION OF ANNEXATION RESOLUTION NO. 115 . Introduced by Mr. Hammond Robertson who moved its adoption, seconded by Mr. Robert Barber: WHEREAS , the Town Boards of the Town of Queensbury and Lake George held a joint hearing on April 29, 1975, at the Town Hall in the Town of Queens- bury after due notices thereof were published by the respective Boards in the Glens Falls Post Star pursuant to Article 17 of the General Municipal Law to hear any objections which may be presented against a petition for annexation of certain pieces or parcels of land described on Warren County Tax Map #8 of the Town of Queensbury thereon numbered as follows : Q 29-1-9 Q 29-1-17 4 29-1-10 Q 29-1-18 Q 29-1-11 Q 29-1-19 Q 29-1-12 Q 29-1-3 Q 29-1-13 Q 29-1-1 Q 29-1-14. 1 Q 29-1-2 Q 29-1-16 Q 29-1-14. 2 Q 29-1-15.1 Q 29-1-15.2 Q 29-1-15. 3 Q 29-1-20 Q 29-1-4 and, WHEREAS, no objections were presented against said petition, NOW, THEREFORE, BE IT RESOLVED, as follows : 1. That each of the persons signing said petition were qualified to do so. 2. The petition was signed by the owners of a majority of the assessed valuation of the real property. 3. That the petition complies both in form and content with the provisions of the General Municipal Law. 4. That the proposed annexation is in the overall public interest of the territory pat®posed to be annexed, the local government to which the territory is proposed to be annexed and the local government in which such territory is situated asswell as any districts situated wh6lly or partly in the territory�proposdd to be annexed. 5. That all those certain pieces or parcels of land described in a Warren County Tax Map No. 8 of the Town of Queensbury numbered and described as above set forth shall by consent of the Town Board of the Town of Queens- bury upon adoption of a similar resolution by the Town of Lake George be annexed to and become a part of the Town of Lake George, New York. 9 6. That the Town Clerk file a copy of the Petition, the Notice of Hearing with Affidavit of Publication and the Testimony of proceedings held at the joint hearing of April 29, 1975 in the Warren County Clerk' s Office and further that a copy thereof certified by the Town Clerk of the Town of Queensbury be forwarded to the Town Clerk of the Town of Lake George. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes : None Absent: None Councilman Robillard noted that the public hearing heard no opposition what so ever. . . RESOLUTION TO ADVERTISE FOR BIDS ON REAL PROPERTY OWNED BY TOWN RESOLUTION-,NO. 116,, Introduced by Mr. Gordon Streeter who moved its adoption, seconttt by Mr. Robert Barber: WHEREAS the Town of Queensbury is the owner of property on the south side of Aviation Road in said Town, the property known as the Town Highway Garage Property more particularly described on Schedule "A" hereto annexed, and �+ WHEREAS pursuant to Section 64 (2) of the Town. Law, of the State of New York the Town Board has authority to convey real property in the name of the Town, subject to permissive referendum, and WHEREAS the Town of Queensbury has continued with the erection of a Town Highway-Police Building which was intended to be financed. partially from the sale of the present Town Highway Garage premises described in Schedule "A" hereto annexed, and WHEREAS the Town Board desires to receive bids for the purchase of said property, now, therefore be it RESOLVED, that the Town Clerk be and he hereby is authorized and directed to cause to be published once in the official Town newspapers in the following form: NOTICE TO BIDDERS Notice is hereby given that the Town Board of the Town of Queensbury will receive sealed bids up to 5 p.m. D.S.T. on the 10th day of June, 1975 at the Town Clerk's Office at the Queensbury Town. Office Building, Bay and Haviland Roads, Glens Falls, New York for the purchase of certain real property described in Schedule "A" hereto annexed and subject to covenants and restrictions therein contained, said conveyance is subject to the permissive rederendum requirements of the Town Law of the Stateo6f7New York. Terms are cash only. The Town Board reserves the right to reject any and all bids. SCHEDULE "Al" All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, Warren County, N.Y. , more particularly bounded and described as follows : BEGINNING at a point in the center of Aviation Roac at the northwesterly corner of lands of N(orthgate Enterprises , Inc. , running from thence South 08 degrees and 08 minutes West, passing over an iron pipe found in the ground 40. 56 feet from the center of the said road a total distance of 286. 03 feet to an iron pipe found in the ground at the southwesterly corner of the said lands of Northgate Enterprises, Inc. , thence continuing South 08 degrees and 08 minutes West along the westerly bounds of lands of Charles Lebowitz, 331.40 feet to a point in the northerly bounds of Aviation Road Interchange; thence South 79 degrees and 55 minutes West along the northerly bounds of Aviation Road Interchange, 51. 70 feet to thh voutheasterly corner of a small parcel of lidd owned by Charles Wood; thence North 08 degrees and 08minutes East along the easterly bounds of the said parcel owned by Charles Wood, 42. 74 feet to the" northwasterly corner thereof•; thence North 82 degrees and 57 munites West along the northerly bounds of the said parcel of land belonging to Charles Wood, 75.00 feet to a point in the easterly bounds of lands owned by John and Ethel Lanfear; thence North 08 degrees and 08 mfntates East along 1-o the easterly bounds of the said lands of John and Ethel Lanfear, . 74. 16 feet to an iron pipe found in the ground at the northeasterly corner thereof; thence North 08 degrees 06 minutes and 30 seconds East along the easterly bounds of lands of Alfred and Terresa Lanfear, 100. 18 feet to an iron pipe found in the ground at the northeasterly corner thereof; thence North 08 degrees , 16 minutes and 30 seconds East along the east- erly bounds of other lands of John and Ethel Lanfear and also alenggthe easterly bounds of lands of Charles Harvey, 164.46 feet to an iron pipe found in the ground at the northeasterly corner of the said lands of Harvey; thence North 08 degrees, 02 minutes and 30 seconds East along the easterly bounds of lands of James and Bertha Xanthopoulos, 228. 14 feet; thence North 08 degrees and 08 minutes East, 20.11 feet to a point in the center of Aviation Road; thence South 84 degrees and 16 minutes East in the center of Aviation Road, 124.20 feet to the point and j place of beginning containing 1. 714 acres of land, be the same more or less. Bearings refer to the magnetic-meridian as of April, 1975. Excepting that portion of Aviation Road lying within the bounds of the above described premises. Intending to describe herewith the same premises conveyed to the Town of Queensbury, Warren County, , New York by three deeds as follows : (1) Watson and Maude Philo to the Town of Queensbury December 1, 1920 recorded December 16, 1920, book number 146 of deeds, page 564, Warren County Clerk' s Office. (2) C.V. Peters and Ida Peters, his wife to the Town of Queensbury, July 8, 1941, recorded. . � . . . . .in-. back numberl . : a. . . of deeds at page . . . . . . . . . in the Warren County Clerk's Office. (3) C.V. Peters and Ida Peters , his wife to the Town of Queensbury, December 8, 1941, recorded December 11, 1941, book 220 of deeds at page 414 in the Warren County Clerk' s Officer It is understood by and between the parties hereto that the land above described is conveyed on the express condition that the premises shall be used and occupied for purposes permitted in a C-3 Zone as defined and amended from time to time by the Schedule of Zoning Regulations and the Zoning Ordinance of the Town of Queensbury and said Schedule of Zoning Regulations and Ordinance shall govern the use of said lands until such time as the premises are rezoned, and the grantee by the acceptance of this deed covenants and agrees for itself, and its assigns to abide by such covenant and condition which shall be deemed to run with the land. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes: None Absent: None Supervisor Streeter announced that Governor Carey signed the validation of the Queensbury Water Districts. . . ANNOUNCEMENTS -Heritage Day-Queensbury Patent on display May 17, 1975 -Queensbury designated as BiCentennial Community - official ceremonies - ) will be forthcoming -Officials from DEC visited the Town in regard to rules and regulations of the Lake George Water Shed. . . -West Glens Falls Fire Co. Ltr. re: willanotopaitic atd vitfiiftr 1 Pdar"shail l. . erections of their area. -Supervisor Attended the Eastern Adirondack Development Commission re: Solid Watse disposal - federal funding Fourth sink pooposal- (Councilman Barber noted because of the amount delegated to such studies the possibility of federal funding is remote. . . ) -Ltr. read in regard to the installation of pressure regulating valves for the water consumers of, the new Queensbury Water System. . . Warre*<wCottaty-Hewer!:Agency meeting May 27, 1975 9: 30 P.M. further study in regard to a joint sewer agency. . . Memorial Day Celebration May 25, 1975-Town Officials will meet at 1 : 30 P.M. 1 } Supervisor Streeter announced the issuance of two proclamations Buddie Poppies and Forget Me Not Day -Queensbury Bi-Centennial Meeting 7: 30 P.M. May 14, 1975 -Supervisor signed -approved Federal Aid Urban Boundry and System for Glens Falls Area-re: urban transportation system. . . . -Notice of approval of Colonial CATV by N.Y. State Commission on Cable T.V. -Notice of New Equlization Rate 80.52 -The survey of the Glen Acres lighting district has been completed it will be forwarded to Lighting commission for financial study and recommendation... . -The drilling at the Queensbury Landfill has been completed DEC testing should be started the week of May 26, 1975. . . COMMUNICATIONS -Ltr. from Congressman Pattison re: HR 6072 opposition to Lake George take over by Corp. of Engineers -Petition from residents of Bedford Close re: paving of streets -Lts. from Mrs. Wyman S. Bascom, Jean L. Matthews-Mitchell D. Matthews , John Dale re: approval of Land Use regulation in the Kattskill Bay Area. . . - Lts. League of Women Voters re: findings of a local league study committee on federal revenue sharing. . . -Ltr. Charles H. Atwell opposing the Stewart Gravel Pit Operation ,..� -Lts. from H. D. Rhodes Pres. of CWA Local 1127 re: urging the Town Board to hire N.Y. Telephone for new communications system. . . Supervisor Streeter' s reply. . . -Received six letters from supervisors in Clinton and Essex Counties re: ltrs. they sent to Governor Carey noting their Towns are so pitifully depressed, due toc�the Adirondack Park Agency Laws and Administration. . . -Resignation of Roy A. Foley from the Queensbury Assessment Review Board. . . RESOLUTION OF APPRECIATION RESOLUTION NO. 117, Introduced by Mr. Gordon Streeter who moved its ; option, second e by Mr. Robert Barber: WHEREAS Roy Foley has served as a member of the Assessment Board of Review of the Town of Queensbury and WHEREAS he has performed his duties in a diligent and congenial manner now therefor#_vbd it RESOLVED that the Town Beard of the Town of Queensbury on behalf of all the citizens and friends of the Town hereby convey to Roy Foley their sincere appreciation for his services. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes: None Absent: None -Ltr. from State of N.Y. Dept. of Health re: approval of completed works on the Queensbury Water Storage and Distribution District. . . -Ltr. from Cool Insuring Agency re: Town Coverage. . . Mrs. Stephen Connor State Engineering Technician New York State Department of Environmental Conservation `— Environmental Quality Route 86 Raybrook, New York 12977 Dear Mr. Connor, I have been directed by the Queensbury Town Board to ask D.E.C. to make an investigation and report of the City of Glens Falls' s Landfill operation on the Luzerne Road in our Town in Warren County. The enclosed Newspaper articles substantially outline the areas of concern which has brought about this request for your investigation. Specifically, we would like answers to: 1. How long will the City of Glens Falls be permitted to use their present disposal site which apparently is some 60 f,-!et over adjacent elevations? 2. Cover material now being used is a waste bi-product from the Finch Pruyn Paper Mill, and because of the height of the present operation, can be blown about by the wind. Is this a possible health hazard 'in addition to the possibility of air-pollution? I would appreciate your attention to this matter at your earliest possible convenience and will be available for further information or consultation as may be needed. -- Very truly yours, Gordon S. Streeter ' Supervisor GSS/dg w State,,6f New York Department of Health District Office Quaker Village, Bay and Quaker Roads Glens Falls , New York 12801 Mr. Gordon S. Streeter, Supervisor Town of Queensbury 165 Sherman Avenue Glens Falls, New York 12801 Dear Mr. Streeter, Pursuant to our telephone conversation of this morning, the following information is being submitted to you for your general information and appropriate action. The jurisdictional responsibility for the supervision of sanitary landfills lies entirely with the Department of Environ- mental Conservation. The State Health Department no longer has any jurisdictional authority in sanitary landfills. Situations which may arise that have public health significance and stem from an inadequately or poorly run landfill operation and may, in fact, harm life and health are classified as nuisances and fall under the jurisdictional authority of � the local health officer or the local board which may convene at its option as the local board of health as defined in Part 8 of the New York State Sanitary Code. Hopefully, this letter answers the questions presented in our conversation, however, if further information is desired, feel free to contact this office at any time. Very truly yours , /s/ Harold Berger, P.E. Assistant District HB/ds Sanitary Engineer Gordon Streeter, Supervisor % Queensbury Town Office Bldg. , Haviland & Bay Rd. , Glens Falls, N.Y. Dear Mr. Streeter & lembers of the Town Board: At the Board' s direction I have inspected the Luzerne Rd. landfill site and reviewed those facts available to me concerning the recent dontroversy. I know that you are aware that the supervision of sanitary landfills is now under the jurisdiction of the Department of Environmental Conservation. It' is my understanding that this Department has regularly inspected and approved the landfill site. 13 Thus , the only authority the Boards has, is to take action if I am able to prove that a situation exists which is a menace to the health of the public. Generally, this means such situations as open waste and garbage which attracts rodents or other animals , stagnant swamps which breed insects, excessive smog conditions and the like. Many problems arise which are nuisances, annoyances (or worse) which do not pose a ,health hazard. Such things as smells, most noises, blowing papers, junk cars (unless rodent infested) , or dusts which are not poisonous are among the many situations which are called to a Health Officer' - attention -- and about which he can do nothing under the Sanitary Code. I certainly agree that the landfill site is an eyesore, and I would be just as upset as Mr. Robillard and his neighbors if I lived in the area. It also seems that an alternative solution must be reached soon. However, I can find no evidence that the landfill operation represents a health hazard as defined above. If there are some facts which have escaped my attention or if the District Health Dept. knows of any potential health hazard from the landfill operation (regardless of their own. jurisdiction) , I would be glad to reconsider my conclusions. 4M Very truly yours , .-4 /s/ Robert A. Reid, MD. Health Officer, Town of Q Queensbury New York State Department of Environmental Conservation Ray Brook N.Y. 12977 Mr. Gordon Streeter, Supervisor Town of Queensbury Bay at Haviland Road Glens Falls, New York 12801 Re: (4700) Glens Falls City, Refuse Disposal Area Queensbury (T) , Warren (CO) Dear Mr. Streeter: I have your letter of 22 April 1975 concerning the above. In response to the questions you posed I would advise as follows : 1. The Departmant at this time is not in a position to make a determination as to how long the City of Glens Falls will be permitted to use the present disposal site insofar as thissite was in existence prior to the promulgation of Part 19 of the State Sanitary Code in 1963 and subsequently which became, basically D.E.C. ' s 6 NYCRR 360 in 1970 (copy attached) . Specifically, to the best of my knowledge, neither engineering plans nor an engineering report were ever developed and submitted for the establishment and/or maintenance of this site, thus, the Department does not know at this time what the ultimate configuration, height, or final site use will be. 2. This office does not have the expertise to make a determination as to whether or. not the cover material presently being used constitutes a possible health hazard. In this vain you may want to consider directing this question to your local health officer. Secondly, there is the possibility when this cover material becomes airborne it does constitute air contamination. However, it is my opinion, based on the Departmenf?,s observations inspections of the operation to date, that the possibility '—' of this material becoming airborne and creating Air pollution is minimal. (Note definition of air contamination and air pollution FlEg'Flighted in the attached copy of our Part 200 of 6 NYCRR) . I trust the above answers your questions, however, shoulditt not please get back to me, Thank you. Sincerely, /s/ D.A. Corliss , P.E. Regional Engineer DAO,:j w Enclosures CC: Stephen Connor-Brian Fear, P.E. 1 1 Supervisor Streeter welcomed Mayor Robert Cronin. . . Mayor Cronin-Thanked the Town Board for their `courtesy. TO: T014N BOARD OF THE TOWN OF QUEENSBUP.Y WARREN COUNTY, NEW YORK APPLICATION FOR PERMIT TO OPERATE A LANDFILL PROJECT WITHIN THE TOWN OF QUEENSBURY In accordance with the applicable ordinances and specifically in accordance with the provisions of an Ordinance of the Town of Queensbury entitled "Ordinance to Regulate Dumps and Garbage Disposal in the Town of Queensbury" , dated March 3, 1959, application is hereby made by the City of Glens Falls to the Town Board of the Town of Queens- bury for a permit to establish, operate and maintain a sanitary landfill area within the Town of Queensbury and in support of such application, the City of Glens Falls presents the following: 1. The applicant, City of Glens Falls, is a municipal corporation organized and existing under and by virtue of the laws of the State of New York, and is located wholly within the County of Warren. 2. A description of the parcel of land proposed to be used, pursuant to this application, is annexed hereto and made a part hereof. 3. Also annexed hereto and made a part hereof is a map showing the area proposed to be used, pursuant to this application. 4. City of Glens Falls proposes to use the "Sanitary Landfill" method of operating this rubbish disposal area, and would fill in and level off the entire area when said area had been exhausted for landfill purposes. The area would be under constant supervision during all hours of operation. 5. By way of information pertinent to this application, the applicant further states: That the present area being used for rubbish disposal by the applicant would be landscaped and seeded —J conforming it to a natural state. The present hill which has been created would then provide a sight barrier for the new landfill operation. Thus the landfill would not be visible from the Northway. Likewise the proposed area would be sufficiently set back from Luzerne Road and tree cover would be provided to prevent visibility from the Luzerne Road area. The proposed area is also a depression area as shown on the accompanying maps and it would„therefore, be actually in the interest of the Town to have it filled, ao long as proper landfill procedures are used. The accompanying maps indicate entrance routes. It is respectfully submitted that if this application is granted, the results would be beneficial to both communities. Respectfully submitted, Robert J. Cronin, Mayor City of Glens Falls ANNEX A i DESCRIPTION OF PROPOSED LANDFILL SITE I All that piece or parcel of land located in the Town of Queensbury, Warren County, New York, more particularly described as beginning at a point on the northeasterly corner of the lands presently owned by the City of Glens Falls, said point also being the northwesterly corner of Harris Street at the intersection of Sherman Avenue, hhence westerly along the southerly boundary of Sherman Avenue 1, 035 feet to a point marked by a concrete monument, thence north 83° 58' 22" west 94. 52 feet to a monument; thence south 05' 48' 05" W 863.14 Feet to a point; thence south 12' 32' 19" west on a line between the existing City of Glens Falls landfill on the west and the proposed landfill on the east 661. 36 feet to a point on the Niagara Mohawk Power Corp. Feeder Dam-Lake George Line; thence 1- 5 south along the lands of Niagara Mohawk Power Corp. on the west 50 11' 06" west 12. 05 feet to a point; thence wouth 840 07' 15" east 1,181. 90 feet to a point; thence north 50 11' 06" east 6.72.48 feet; thence north 6° 51' 15" vest 672.14 feet to the point or place of 'beginning. The above described parcel containing 37. 72 acres. . Councilman Robillard-Noted his duty to the Residents of the West Glens Falls area to oppose the expansion of the City lHndfill. . .1. the Ricciardell property is approximately 37 acres approximately 25 acres is flat. . . 2. the mountain ed garbage which many people have joked about but it is a very serious problem and I know the mayor is aware of this and the city counQ'I. It has grown to 50 above Luzerne Road if we ever hope to recla!bm that land . . . the only area that this debris could ever be placed into would be the RicciAelli property, and the only way I coi.ld agree to this is if the operation could be closed down tomorrow. . . so we could get this section of town back on the norm. . . this has not been caused by an improper landfill but an overfill. . . RESOLUTION PROHIBIT THE EXPANSION OF THE GLENS FALLS .LANDFILL RESOLUTION NO. 118 Introduced by Mr. Harold Robillard who moved its adoption, secon e by Mr. Gordon Streeter: WHEREAS the City of Glens Falls has presented an application to the -Town Board of the Town of Queensbury for a permit to operate a landfill t� facility pursuant to Ordinance 8 of the Town of Queensbury, and WHEREAS the Town of Queensbury has heretofore obtained an Injunction in the Supreme Court of the State of New York prohibiting the use of the said property for landfill purposes and WHEREAS the Town Board has studied with great diligence the problem relating to the existing Glens Falls landfill situate on adjoining property and has been encouraged by the citizens of the Town of Queens- bury to prohibit the expansion thereof, and �..—' WHEREAS the Town Board has expressed to the City of Glens Falls the fact that it does not deem the expansion or extension of the existing landfill facility to be in the public interest of the Town of Queensbury now, therefore ft is RESOLVED that the application of the City of Glens Falls for the extension of their present landfill facilities in the Town of Queensbury be and the same is hereby refused, and the Town Clerk of the Town of Queensbury is hereby directed to return said application toghther with supporting documents to the Mayor of the City of Glens Falls. Duly adopted by the following vote: Ayes:' Mr. Olson, Mr. Barber, Mrr Robillard, Mr. Robertson, Mn- Streeter Noes: None Absent:None RESOLUTION AUTHONIZING TOWN ATTORNEY TO INSTITUTE SUIT AGAINST CITY OF GLENS FALLS RESOLUTION .NO, 119 Tnt�duced by Mr. Harold Robillard who Moved its adoption, seconded by Mr. Daniel Olson: `— WHEREAS the City of Glens Falls has operated a landfill in the Town of Queensbury for several years last past, the same being in existence prior to the adoption of Town Ordinance No. 8 and the adoption of a Zoning Ordinance in the- Town of Queensbury, and WHEREAS extreme difficulty has been experienced by the residents of the Town in the general vicinity of-said landfill operation, and WHEREAS the said landfill operation has ceased to be a landfill operation in the opinion of the Town Board, and WHEREAS this Board finds it desirable to take action as may be necessary to prohibit the continuance of slid landfill by the City 4 1 of Glens Falls on the grounds that it constitutes a public nuisance and for other reasons , Now, therefore le is RESOLVED that J. David Little, as attorney for the Town of Queensbury, be and hereby is directed to institute suit to enjoin and prevent the continua- tion or expansion of the landfill operation of the City of Glens Falls in the Town of Queensbury. Duly adopted by the following vate: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes: . None a Absent: None Councilman Robillard referred to the landfill as,,-visual pollution and it is about time we got rid of the mountain in the western section of Queensbury. . . Councilman Barber-reluctadtly vote for resolution because there has to be an alternative . . .hope through cooperation between the City of Glens Falls and the Town a solution can be obtained. . . Councilman Robertson-also noted thattthis problem is not going away. . . but this is one way -to get it off the back burner. . . Supervisor Streeter-support Deputy Robillards intentions in this matter. . . would suggest a meeting between the City of Glens Falls and DEC to work out a solution. . . Open Forum 10: 21 P.M. Mrs. Rozelle-Why was Rist Frost surveyors at the Glens Falls Landfill? Mayor Cronin-engaged Rist Frost to establish the property boundaries. . . Earl Maille-What happens When the mountain is moved and all the plastic ags wilt —rotten material are broke open? Councilman Barber-There are guide lines in closing a landfill and must be comp ie with the Dept. of ENCON. . . Mr. Rolland Man_di o- Made a complaint against the City for not covering their trucks that go to the landfill. . . Mr. John Monahan-Departmetit of Public Works -noted that all trucks have covers an sou d be used if one is sighted on having a cover it sb:era d be reported take down the license number or number of the truck. . . Mr. Charles Troumbley- Noted that the landfill cover blows around on windy days. . . Mayor Cronin-We are making a serious effort to keep the landfill in order. . . Mr. Glen Gregory-noted that by digging cover from Sherman Avenue and covering the h an i-11 it is causift-r a mountain, on one side. of town and a pit on the other. . . this devaluates the land and a hazard to children. . . against Mr. Francis Fish-voiced complaintAindividual truckers that do not cover their trucks. . . Mrs. Finch-lives across from the Riodielli Property-commend Councilman Robillard for his stand. . . FIVE MINUTE RECESS MEETING OPENED: I REPORTS : - Town Clerk' s Monthly report for April, 1975. . . filed - Building & Zoning Monthly report for April, 1975 . filed - Justice Court report for month of April, 1975 . . . filed - Dog Warden' s monthly report-April, 1975 filed - Water Dept. report April , 1975 . . . filed RESOLUTION TO APPROVE AUDIT OF BILLS ����ON N0. 120NO, 120.. Introduced by Mr. Harold Robillard who moved its adoption, seconded by Mr. �abert Barbet;°