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1976-04-13 REGULAR MEETING APRIL 13, 1976 MEMBERS PRESENT Michel R. BrandtSugervisor Daniel Olson-Councilman ' . Robert Barber-Councilman Harold Robillard-Councilman Hammond Robertson-Couricilzan J. David Little-Town Counsel TOWN OFFICIALS= Floyd Martindale; Betty Eggleston, Phyllis Joslyn, George Liapes, ,:Harold Boynton, Roger Hewlett PRESS: Tri County News,­Lee Coleman jW$EA GUESTS : Mr. William Hermance, Mr. Robert McDonough, 8rR _ Ira, rd, Mrs. Gates, Mr. James Dempsey, Mr. William Burns, Mr. Roger Howard, Ms. Stewart, Mr. Rosenblum, League of Women .Voters-Mrs. Barker OFFICIALS-,°Thoms 'Murphy,. County Supervisor , Meeting Opened: 7:32 P.M. Salute to the Flag Councilman Robiiiard t1:7 BID OPENING- Notice Shown - Water Dept. Materials for Filtration Plant N Bids opened by Town Clerk: Monarch- Chetucicals : non-collusive attached Utica, New York Liquid Chlorine $15.45 per hundred lbs. Ashland Chemical Cdinpany P.O. Box 2219 non-collusive attached Columbus "Olio -Liquid Chlorine $11.65 per hundred lbs. non-collusive attached 50% Liquid Caustic Soda $10. 53 per 100 lbs. dry basis Holland 'Coapany Inc Howland Avenue non-collusive attached `— Adams, Mass. 01220 Liquid Aluminum Sulfate $99.08 per net ton Councilman-Robertson requested that the -bids be turned over to .the Water Superintendent, Thomas Flaherty. Thomas Flaherty requested that the bids be tabled for his review. . . Supervisor Brandt- bids will be tabled. . . z, . mobile home on Holden Avenue PUBLIC =NMING-►Mobile Home A#plication of William J. Hermance to locate a f+r.Opened 7:37 P.M. Notice Shown. . . No one spoke for or against the application. . .Mr. Hermance was not present At thAs .t3 . . Councilman Robertson- noted that this -mobile home had existed for &. number of years in thi=s location on Aevets rpesigciw , have a ;permatfeht mobile home permit. . . Councilmnu Robtliard- wished the public to know that- these permits are not I transferable if granted. . . the permit is issued in his name only if the Mobile a h sb sold the new owners will have to :reapply for the mobile home to 'stay: . . r I Councilman Olson- presented the board with a petition signed by several residents of the: area noting that they 'have no objections to the mobile home. .>. (ac► ire a Supervisor Brandt- Hearing Closed. . . ft. Hersdance °metered. . RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RE§OLUTI 97, Introducedby Mr.. Daniel Olson who moved its adoption, seconded by Mr Hammond Robertson: WHEREAS, William J. Hermance has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury j 240, 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 at property situated on Holden Avenue Ext. , 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 _ ordinance, permission is hereby given to William J. Hermance to locate a mobile home at property situated at Holden Avenue Ext. 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. Brandt Noes : None Absent: None RESOLUTIONS Supervisor Brandt- as per the request of the Bonding ,Attorney the next resolu- tion is offered. . . RESOLUTION RESCINDING RESOLUTION NO. 881, OF MARCH 23, 1976 RE50 .UTION NO. 98 Introduced by Mr. Hammond Robertson who moved its adoption, seconded by Mr. Michel Brandt: RESOLVED, that Resolution no. 88 of March 23, 1976, Bay Road Consolidation with the Queensbury Water District, be and the same is hereby rescinded. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: None RESOLUTION PROVIDING FOR THE CONSOLIDATION OF THE BAY ROAD WATER DISTRICT AND THE QUEENSBURY CONSOLIDATED WATER DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK RESOLUTION N0. 99. Introduced by Mr. Harold Robillard who moved its adoption, seconded y M Michel Brandt: WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York, duly adopted a resolution on February-24, 1976, calling a public hearing for the purpose of considering the consolidation of the Bay Road Water District and the Queensbury Consolidated Water District in said Town, to hear all persons interested in the subject thereof, concerning the same and specifying the 23rd. day of March, 1976, at 7 :30 'o'clock P.M. , Eastern Standard Time, at Queensbury Office Building, in said Town, as the time when and .the place ._ where said Town Board would meet; and WHEREAS, notice of said public hearing was duly published and posted in the manner provided by law, and proof thereof has been submitted to said Town Board; and WHEREAS, said public hearing was duly held at the time and place aforesaid at which all persons interested were duly heard; and WHEREAS, said Town Board has duly considered all of the evidence presented at said public hearing, NOW, 'THEREFORE,. BE IT RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York, as follows : i 4 1 Section 1. It is hereby found to be in the public interest to consolidaate`t�fie Bay Road Water District and the Queensbury Consolidated Water District in the Town of Queensbury, Warren County, New York, and the same are 'hereby consolidated. Section 2. Upon -such- consoLidat on becoming effective, the resulting consolidat4d water district shall continue to be known as the Queensbury Consolidated Water District-`,and all the property of said Bay Road Water District shall become the property of such Queensbury Consolidated Water District. Section 3.. Any indebtedness of said Bair Road Water District out- standing- 'as, `the effective .date of such coniolication, 4hall be assumed by and become the indebtedness of the Queensbury Consolidated Water District, and there shall annually be assessed upon all the taxable real property in such Queensbury Consolidated Mater District at the same time `--and in the same manner as other Town charges an amount sufficient to pay the princip l and, interest of all sueh District..$ outstanding indebtedness including the aforesaid indeb=tedness of the Bay Road Water District, as the same become due and payable, but if not paid from such source, all the taxable real property within said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said outstanding indebtedness. Section 4. The future assessments of all costs of operation, main- u) tenane improvements of such Queensbury Consolidated W`ister District, P4 including any such costs which were 1ormierly 'assessable by law upon the Ct taxable real property in the aforesaid Bay Road Water District, shall be assessed upon all the taxable -re&l :Vroperty °tn said a Queensbury Consolidated Water District at the same -ti=me and -inthez .saner bier as other Town chargei,i,- Section 5. The offices of all commissioners of such Bay Road Water Distr �f any iiiaall be, abolished upon the aforesaid Consolidation becoming­effecti :° Section 6. This resolution is adopted subject to permissive referendum. Duly adopted by the following vote: —Ayes: Mr.. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: None RESOLU77ON` TO AVMRIZE :CONTRACT-WITH MOUNTAINSIDE FREE LIBRARY RESOLUTION NO. 100 Introduced by Mr., banie3 Olson who moved its adoption, secon a by Mr. Hammond Robertson: WHEREAS, °=the 1976 budget of the Town of Queensbury provides for an item of 1325.00 to be} paid to the trustees of Mountainside Free Library in return for which said trustees will furnish library services to the residents of said town; now, therefore be it .RESOLVED, that a contract between said town and said trustees for furnishing such service during the year 1976 is hereby approved, and be it further s RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contracts on behalf of the Town, and that a copy of such contract duly .a' cuted°, shall be 'filed with ,the Town Clerk. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absents : None RESOLUTION TO CONDUCT A CARNIVAL OPERATION RESOLUTION NO 1,OL Introduced by Mr. Robert Barber who moved its adop oa, seconded' by Mr. Hammond Robertson: RESOLVED, that permission is hereby granted to conduct a carnival 24 operation as follows : Sponsgr': Queensbury Plaza Assoc. Carnival: Robert D. Kellogg Amusementsy, Inc. Place: Queensbury Plaza Shopping Center Date April 26 through May 8, 1976 . 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;000..00/ $1,000,000.00 bodily injury liability and $50,000.00 property damage ' liability insurance. Duly adopted by the following vote: Ayes Mr., Olson, Mr. Barber, Mr. Robillard, Mr. $obertson, Mr. Brandt Noes : None - Absent: None RESOLUTION TO SOLICIT SEALED BIDS FOR WATER DEPARTMENT MATERIALS RESOLUTI_ai3 NQ, 102,. Introduced by Mr. Hammond Robertson who moved its adoption, seconded by Mr. Daniel Olson: WHEREAS-, Thomas Flaherty, Queensbury Water Superintendent has requested that the Town Board solicit sealed bids for Water Department materials to be used for- the installation of service lines during 1976, therefore be it RESOLVED, that, the Town of Queensbury solicit sealed bids for the purchase of the above mentioned material and that the following notice be published once in the official Town Newspapers in the following form: NOTICE TO BIDDERS Notice is hereby given thattthe Town Board of the Town of Queensbury will receive sealed proposalsc;on materials for the- Water Dept. to be used in the installation of service lines during 1976. A complete copy of the specifications will be available in the office of the Town Clerk. Bids will be received up to 5:00 P.M. on the 11th day of May 1976 at the Town Clerk's Office in the Town of Queensbury Offee Building, Bay and Haviland Roads, Glens Falls, New York,. 12801. Bids must be submitted in sealed OPAQUE envelopes marked 'Water Department Materials" bid, and there shall be submitted with such bid a certificate of Non-Collusion as required by Section 103D of the General Municipal Law and bidder must state approximate date of delivery. The Town Board will meet at the Town Office Building at 7 : 30 P.M. on the llth day of May, 1976 at which time the bids will be opened and read aloud. The Town Board reserves the right to reject any or all bids, i Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt . Noes: None Absent: None y RESOLUTION TO AMEND APPROPRIATIONS WITH THE GENERAL FUND $ESOLUT�,, 1Q,3, Introduced by Mr. Michel Brandt who moved its adoption, secnn a by Mr. Hammond Robertson: WHEREAS, a deficit exists within the Registrar of Vital Statistics z4 "y Statistics contractual account, therefore be it RESOLVED, to transfer $22. 62 from A4020.1 to A4020.4 Duly adopted .by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent:- ,. None RESOLUTION TO TRANSFER REVENUE SHARING FUNDS TO THE POLICE-HIGHWAY BUILDING. CONSTRJCTItSN ACCOUNT RESOLUTION NO. 104 Introduced by Mr. Harold Robillard who moved its adoption, secon a ..,by- Mr.. ,Hammond Robertson. WHEREAS, a Revenue. Sharing pAyment, of:.$20,,,117.00 has beets'' received and such fun s, are 'allocated in the 'planned Use Report for the Police- Highway—Building Construction Account, ,therefore be it RESOLVED, that $20,117.00 be transferred from the Revenue Sharing Account to the Police-Highway Building, Account. Duly adopted by the following,' vote: Ayes : Mr. Olson, Mr.. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt 0 Noes : None Absent: None RESOLUTION -TD SET PUBLIC HEARING ON DELET¢ING' SECTION 28.1 OF THE ORDINANCE ADOPTING A FIRE PREVENTION CDDE, ESTABLISHING THE POSITION OF FIRE MARSHAL AND DEFINING HIS POWERS -AND DUTIES RESOLUTION NO. , Introduced by Mr. Michel Brandt whd moved its adoption, seconded by Mr. Hammond Robertson: `— The above resolution will be forth coming from Town Counsel and will be found an pageii _. Councilman Robillard- noted his concern over the par king''an Quaker Road between Lafayette 'and Bay Road and submitted the following letter: Chief of Police► " To. Counclman. `Robillard: Dear Harold •In reference to',our recent<conversation about .parking on Quaker Road. I talked with Fred Austino and he agrees that this is a dangerous situation and he assured me :that if the Town passed a resolution he would put up the signs. I therefore suggest that we restrict parking on both sides of Quaker Rd. from Lafayette St. to Bay Rd. Yours Gil Schlierer i RESOLUTION TO SET PUBLIC HEARING ON PROPOSED PARKING ORDINANCE RESOLUTION NO, 106, Introduced by Mr. Harold Robillard who moved for its adoption, seconded by Mr. Robert Barber: WHEREAS, the 'fown' Board of the Town of Oueensbury received a communication from Gilbert At Schlierer, Chief of Police, expressing his and Fred Austin's Warren County D.P.W. Superintendent concern over the hazardous condition created by the parking of Motor Vehicles on both sides of Quaker Road from Lafayette Street to Bay Road, and k WHEREAS, .it is 'provided by Section '130 Subdivision 7 of the Town Law that the Town Board may make ordinances, rules and regulations regulating use -244 of streets and highways, including the restricting of parking of all vehicles thereon and WHEREAS, Section 130 of the Town Law requires a public hearing upon all proposed ordinances upon due notice as provided for therein, NOW THEREFORE BE IT RESOLVED, that a public hearing on the following proposed parking ordinance be held on the 11th day of May, 1976 and that the Town Clerk give notice of such hearing by publication of a notice thereof in the official town newspapers, once at least ten (10) days prior to the date specified for such hearing, specifying the time when and the place where such hearing will be held and in general describing said proposed ordinance. ORDINANCE TO ESTABLISH A NO-PARKING ZONE OW TU NORTHERN AND SOUTHERN ,SIDE OF QUAKER ROAD BETWEEN LAFAYETTE STREET AND, BE IT ENACTED AND ORDAINED BY THE TOWN BOARD OF; THE TOWN OF (JEENSBURY, WARREN COUNTY, NEW YORK AS FOLLOWS Section No. 1 For the purpose of this ordinance the word "vehicle". "park" and "standing" shall have the meaning defined in the Vehicle and Traffic Law of the State of New York. Section No. 2. No vehicle shall be parked 'or left standing on the northern or sougherx side of Quaker Road in the Town of Queensbury Warren County, New York, between Lafayette Street and Bay Road ` Town of Queensbury. Section No. 3 All ordinances or parts thereof of the Town of Queensbury inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be in addition to the other ordinances regulating and governing the subject matter covered by this ordinance. Section No 4. Any person violating any provisions of Section 2 of this ordinance shall upon conviction be punishable for a first offense by a fine not to exceed TEN DOLLARS ($10..00) and for a second offense by a fine not less than TEN DOLLARS ($10:00) nor more than TWENTY FIVE DOLLARS ($25.00) or by imprisonment for not less than TWO (2) nor more than TEN (10) days. The third or any subsequent offense within one (1) year shall be punishable by a fine not to exceed ONE HUNDRED DOLLARS ($100.00) or by imprisonment not to exceed THIRTY (30) days or by both such fine and imprisonment. In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper°action, suit or proceeding to prevent, restrain, correct or abate any violation of this ordinance. Section No. 5. This ordinance shall take-effect immediately. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: None COMMUNICATIONS SUPERVISOR PROCLAMATION WHEREAS, The Grange works. for the benefit not only of the people engaged in agriculture, one of our largest and most important industries, but also serves to encourage education and to promote community betterment. AND WHEREAS, the Grange is a great farm fraternity but its membership includes people from every walk of life. Grange policies and programs have helped to bring about substantial progressive changes in our way of life. It has merited wide appreciation for its support of sound legislation. f 24-6 NOW THEREFORE, I Michel R. Brandt, Supervisor of the Town of Queensbury, do hereby proclaim the creek of April 4-12, 1976 as GRANGE WEEK in the Town of Queensbury, County of Warren, State -of New York. Given under my hand and privy Seal of the office of Supervisor of Queensbury on this Fourth Day of April in the year of Our Lord, one thousand nine hundred and seventy-six /s/ Michel rant Supervisor April 1, 1976 WHEREAS, our Casmnunity has a `continuing sense of gratitude to those disabled Veterans who did so much to keep our way of life intact; and WHEREAS,. the DAV has worked exclusively for 'the welfare of our u'J disabled veterans; and WHEREAS, the Marcelle & Noonan #158 of the Disabled American Veterans x has been established to carry on this work in our community; and WHEREAS, the DAV offers a free service to disabled veterans and their families` in filling in and filing claims for government benefits and also assists—in ,job, hospital, and other disabled veterans problems; and WHEREAS, the DAV meets emergency situations which may arise in the family of a disabled Veteran; and WHEREAS`, the Disabled American Veterans has chosen April 5-April 16 for its annual Forget-Me-Not camgaign in this community, and announced that all funds contributed will be utilized -for disabled veterans in this community; NOW THEREFORE, I, Michel R. Brandt, Supervisor Town of Queensbury, do hereby proclaim April 11, 1976 - April 16, 1976, as Disabled American Veterans Forget-Me-Not week: and urge the support of all citizens, interested groups and organizations for that day. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the Town to be affixed. SEAL Michel Wcaftandt Supervisor Ltr. Dog Warden March 24, 1976 Supervisor and Members, of the. Town Board ;4 T. Town of Queensbury Dear Sirs : I would like the members of the Town Board to advertise for bids for a new Van to be used in carrying out my dutiesas Dog Warden. The condition of the present van is very bad and the repair bills during the past year have been very costly. I would appreciate the Town Board' s help in this matter. Respectfully, /s/ James Davison Dog Warden 249 E Councilman Olson- requested that the Dog Warden have the specifications ready for the next board meeting for the new van. . . Ltr. Counsel April 13, 1976 Queensbury Town Board Bay at Haviland Road Glens Falls, New York 12801 RE: Town Attorney Gentlemen: In accord with my private conversations with you in the past, I hereby tender my resignation as Town Counsel for the Town of Queensbury. Over the past year I- have found it increasingly difficult to meet the demands of my private practice and provide the Town position with the time it deserves. Circumstances have made it such that I now find it impossible to continue in my appointed position. I appreciate the opportunity to have served as Town Counsel and wish the Board the best in it' s future endeavors. Very truly yours, /s/ J. DAVID LITTLE JDL/prc Town Counsel Councilman Robertson-It is with much regret om.vfiy part and I think I speak for my fellow Board Members that Mr. Little has had to .take this action . As he says he did not just come up and present his resignation to us tonight because he knows how important it is to have continuity of legal service available to the town. I want to thank Dave for all the service he has given us and all of the advige and so forthlthat he has but I also like to present the following resolution to appoint Joseph Brennan as the Counsel to the Town. . . RESOLUTION NAMING COUNSEL TO TOWN BOARD RESOLUTION N0. 107 Introduced by Mr. Hammond Robertson who moved its adoption, seconded- by Mr. Robert Barber: WHEREAS, Town Counsel J. David Little, Blind Rock Road, Town of Queensbury has resigned as Town Counsel, and WHEREAS, the Board deems itself in need of legal counsel in the conduct of its affairs,, and WHEREAS, the office of Town Attorney has not been established or provision for a salary therefor included in the 1976 budget; therefore be it RESOLVED, that Josdph`Bremnan ESQ. an attorney, be employed by this Town Board to render such legal services as may be required and that payment for such service be by Town voucher audited by the Town Board. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: None Councilman. Olson- ThankrjDave 'for his excellant work in the last three years as Town Attorney that he has given to this Town. Supervisor Brandt-as to the relationship with Mr. Brennan will this be on the same terms . . . Councilman Robertson-It is on the same terms as Mr. Little has bean on. . . an hourly basis. 4T'; Supervisor Brandt-I would like to see us get to a position sometime where we can define that to a yearly charge, I would like to see us work in that direction. Councilman Robertson-We know what you are saying' howeve'r the demands °we.°place on any attorney ` ar'e such and the demands on his- time are such that I do not think -that any person, any attorney or any group of us, can sit down and fairly estimate the value of time or the number of hours that are going to be put in. An attorney is like any other personnel person, time is knowledge, time is the only thing he has to dispense. '"' Supervisor Brandt- That is the only thing any of us have. I LCouncilman Robillard- . . . I think in the case of the Town Attorney it is the only fair way that we can actually ask anyone to serve in this Town in that capacity. I feel that the bills that have been submitted by David Little have been more than fair. He saw us throughra,trying time with our 're- assessments which required many, many hours, and with the development of our new master plan, I- think it is only fair that it is done on a fee basis. I think it 'is to the benefit to the Town really. Supervisor Brandt- Again, I think there can be a neggti$tUm-Vhece' many attornies are willing to define-the -fee for the year it is a lot easier to budget, it is an openirelationship where we have direct aaeess and I think UZ we should try to negotiate for that however, I do not oppose Mr. Brennan r"4 in any way. . . C1t x Councilman Robertson-Mike, I gave you yesterday some figures before I start on them, I would like to say, that I have attempted to keep at least this particular discussion within the Town Board. I feel basically this forum in a meeting like tonight is a place to do all, and this Board should discuss these issues. I know it is very, very easy to get into the habit of giving something to the news media, it is a very effective way> of getting our story acressw however the opposi oint of view itiaybe does not necessarily get represented .vSo, I have in he past have been suppottad by my fellow councilmen although quite frankly they do not agree with me, I have taken considerable heat from them, they felt that I should go to the newspapers and make statement I have not chosen to do that, whether, I can maintain that position in the future or not I do not know. In presenting these figures and for the sake of clarity I used the identical format used by the Supervisor and have attached tupieerof his numbers really to the back of them. Therefore if the final result is positive when his was negative then there is a surplus as defined by the Supervisor. Not only have I used his fo=at but I have used and agree with all of his basic data except all of. the amount of interest due and payable on April 1st. 1976. The figure was stated in his second, and I emphasis his second, set of figures,was $286,233.40 interest where this figure we believe should read $143,116.72.. I developed the later figure using the Bonded Indebtness which was taken from figures prepared Syr-thee perspective for the sale of our bonds`. While it is correct to know which is correct a deficit or a surplus for the year 1976 there is a more important issue to me, it is more important to note that the Supervisor's Office has issued two sets of figures showing different results each time. In my opinion both sets *Show the gross inaccuracy,which, mentioned above the Supervisor is the Chief Fiscal Officer of this Town andA a can't believe figures wht:h -.are issued from his office, we are in serious trouble. I believe the people of the Town of Queensbury have a right to correct and accurate figures which accurately represent the financial picture of the Town. It is not important whether 'I am `right or I am wrong, but we do have to insist on accurate figures. That is my basic point in carrying this thing to this point. Supervisor Brandt- l do not really understand what you are saying. I tried _ several titles, to bring figures forth, the best information I had at the time, as figures' develop . I tried to update them, I do not know if that is what you are etitizing, or if you are critizing a gross Inacouvacy In L___� my figures, I wish you would make it . Councilman Robertson- This whole thing started on the lat. of March 1976 this interest was due on the lat. of April, 1976 and if your office ` did not know how 'much interest was due in that period of time; I feel that we have a real problem in your office, and it is as simple as that, $286,000 against $143, 000 and we agree on all the rest of the numbers that is what I am saying. That is the point I am trying to make Councilman Barber-Councilman do we have a `deficit or a,°surplus? Councilman Robertson- It shows by Mr. Brandt's figures, it shows, he shows a deficit T show'a surplus. Now, we can argue all .night whether there is I z48, a deficit or surplus in the total department. We are talking bond account we have to look at operating revenues which haven't been brought into this and I do not want to bring them into this. I am purely and simply talking the accuracy of the figures that we can make decisions. If we have a deficit if we have any problems in this Town Board if we have accurate figures this Town Board is quite capable of addressing the problems what ever they are and we will let the responsibility for them fall where they will. If there is not accurate information we are lost. Absolutely lost. Supervisor Brandt- Any other comments. All I can say, hell , it's a matter of record. Councilman Robertson- I agree. Supervisor Brandt-We paid the amount, $286,233.48. Councilman Robertson- In interest? Supervisor Brandt- In interest, it was issued on the 1st. of this month as per the budget you people prepared and as per the paying agent requested as per the financial advisor, advised us. Councilman Robertson- Mike, the bonds as were listed the debts that were listed ; in the perspectus by Peat, Marwick and Mitchell ,just don't call for that. You do not pay for a whole years interest in half a year. Supervisor Brandt- I do not what your reason or where you are getting your information, but it is not correct. The note was due, it was a one year note, the total interest was due on April 1st. it was paid. Councilman Robertson- Then we do not have another $286,000.00 dollar on that same amount in November, you can' t pay that amount in a year. Supervisor Brandt- You absolutely have an interest fee due on the bond of $238,000.00 which is due and will be met and has to be met on October 10th. Councilman Robertson- Are you telling me that we did not pay any interest on that note in October of 1976 or 1975. Supervisor Brandt- That is correct. Councilman Robertson-It was not paid? Supervisor 'Brandt- That's right, the note was .on a yearly basis, it was due on a one year bataejthe note is here on record this is what I pointed out in my campaign as a matter of fact.. During the time this budget was made after the hUction I pointed out that we were not providing interest for a great increase in interest rates that we could anticipate and as a matter of fact my information is still very clears a hundred thousand dollars was not provided for in this years budget and I still maintain my position, I think you are in total error. That is all I can say. That is record, as a matter of fact, I have a copy of the payment that was made as a transfer of monies to cover that interest payment, which was made on April 1st. Councilman Robertson- Its a matter of record. Supervisor Brandt- It is a matter of record, and I also feel,by Jesus,this Town government belongs to all of us , the Bookkeeper belongs to all of us, the books are available to all of us, for God sakes come in and talk to us, any time, I told you that before, the door is operake part, we love to have you,we love to share what information we have, and I detest seeing us sit here like a bunch of idiots in a Public Forum at each others throat trying to make an ass of each other when in good faith -we have got to run a government. I in good faith have tried to bring out figures that truly reflect the finances of this town as best I have the information, at the time. Not all of these figures are absolute, I said it and specified it at the time, some of them could only be estimated I did my very best to estimate them with the information that I had, and that is where I sit. Any other discussion? Councilman Robertson- All I can say, .Mike, is in terms of communications and in terms of running the government, i, could not agree with you more. I would like to keep it here at' the Town Board, that is what I started out to say. Supervisor Brandt-Well, I did too, you know the last meeting when this „4 flared, I brought all this up and -i got pooh-poohed and everybody telling me my God, there is a surplus when I am trying to show a deficit, ,in effect you are trying to tell me I do not know what the hell I am saying. Now, by Jesus , do I or don`t I. .now, it is a matter of record;Pl felt it was grossly mis-leading to the public to have those statements made in a board meeting, I thought they were totally irresponsible, I thought it was my duty to make that public and I did it. I am not a bit ashamed of it, and I will do it again, any time that I see inaccuracies coveyed during a board meeting. Councilman Robertson- You -should. Supervisor Brandt- I feel, that there has to be an attitude of cooperation 'mutual respect, within this Town Government and I think that we are going Lto have to learn to work together and try and solve some of tkese problems, as grown men. Communications: Supervisor Brandt: -noted several letters from Contractors saying if you are going to restrict the Building & Zoning to leaving their cars at the Town Office Building you are going to hariii the relationship the Building Inspectors have had with the Contractors, where utry often late in the evening.,after normal working hours, or very early in the morning before normal working hours they have Ul� gone out to make inspections. I think it has to be clearly understood that r,4 I have told the Building and Zoning Department that they can take those cars C'I home any time they know of such a request, but they. Dam;46ell better document x it. If there is official business, any time there is official business for this Town, use the car, and if they need to taRe the .car home to conduct that business, by alL neaps do it, but document it. Because I do not want cars to be used for persong� use, and I think it is the least the tax payers can ask for is a documentation of the use of these yehicles,so that we can easily see that they are being used for official business, just so there-' is no mis-understanding on .it. Councilmen Olson-WouldRaccept the documentation of the monthly report Mike, or a daily report U'1kd 1fisp for makes Supervisor Brandt-All he has to do is keep-a log saying when he went home and what he tookhis car and I do not care what - ' #*Rmat or how it is. as long as there is a way for us to go and check,or myself to go and check periodically to see that there was official business being conducted. Councilman Barber- called for a 5 min, recess. . Supervisor Brandt- Recess. . . Supervisor Thomas Murphy-noted his concern over there being no light at Bay and Farm to Market Road. . .requested that the Town Board place themselves on record noting the hazard that exists there. ,noted that he will presently go before the County Board and request that the D.O.T. place a light at Bay and Farm to Market Roads. . . . 0 Councilman -Barber-noted that 2 years ago the Town Board accepted a petition from residents of that area to place a light at Bay and Farm to Market , the Board recommended .to DOT. to place a light at that intersection, they made a study and denied the application. Due to the increase in traffic I submit the following resolution. . . RESOLUTION REQUESTING DEPARTMENT OF TRANSPORTATION TO PLACE A TRAFFIC CONTROL SIGNAL-AT BAY AND FARM TO MARKET ROADS INTERSECTION RESO UTION NO. 108 Introduced by,Mr. Robert Barber who moved for its adoption, seconded?by Mr. Michel Brandt: WHEREAS, because of a poor traffic condition.- County Supervisor Thomas Murphy has approached the Town Board to place a request to the Department of Transportation for a Traffic Control Signal at the intersection of Bay Road and Farm to Market Road and WHEREAS, the Town Board continues to see a hazard. in this area because of the increase traffic flog/ and has made a similiar request to the Department of Transpfotation` on other occasions, Now, Therefore be it RESOLVED, that the Supervisor, by authorisation of the Town Board,write a letter to the Department of Transportation asking that department to place a traffic control signal at the intersection of Bay Road and Farm to Market Road. . 250 i Duly adopted by the following vote: I Ayes: Mr. Olson, Mr. Barber, Mry° Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: None REPORTS : Supervisor's Monthly report for- January, February, and March on file. . . Building & Zoning Report for March, 1976 on file. . . Highway Report- for period ending March 31, 1976. . .on file. . . Highway Dept. report for January and February 1976 on file'. . . Town Clerk"s -report for March, 1976 on file. . . Fire Marshal' s report for March 1976 on file. . . Report on Transportation Services-Louis Fisher for Senior Citizens. . . OPEN FORUM Robert McDonough-5, Sargent Street-Petition submitted- We, the undersigned residents of Sargent Street in the Town of Queensbury petition the Town of Queensbury Board to keep the promise made to us in 1975 to put in a storm sewer system as was installed on Wilson Street last summer and to resurface the street. (on file) Councilman Barber-Sargent Street was to be done last year but due to the inadeganies of the Highway Dept. it was not done. . .we will address ourselves to it this spring. Supervisor Brandt- we will have to look at the budget and the work that will have to be done. . . Councilman Olsnn- noted that Mr. Garb has been ill. . .noted that this is a major problem. . . Unknown- noted that pot holes in Sargent Street: . . street 'should be resurfaced. . , Robert McDouough- noted problem with swamp at end of Sargent Street. . . creates a health hazard. . . Supervisor Brandt- noted that a storm sewer dist. might have to be looked into. . . Mrs. Jack LaBombard-Dixon Road-being 'taxed for drainage . . . have water. . . Councilman Barber- this is under study. . . Supervisor Brandt- we will have to look at the .worst problems and tangle;.. with the worst problems Councilman Robertson— that is a drainage district and the amount she is paying pays: - for the bond issue. . . for work that was done 20 some years ago. . . through proper budgeting improvements can be made in a district. . . Unknown- What happened to the funds for Sargent Street. . . Councilman Barber- I assume that they were put back in the General fund. . . Mrs. Gates-presented petition and photos of the Queensbury Drainage District #1 on file to investigate and remedy the cause of high ground water in the vicinity of Dixon Road and Bullard Ave. . . .noted that there might be possible sewage in the drainage tile. . . Supervisor Brandt- samples have been taken from the discharge from the storm sewers to check f+s ysewage. . . if there is sewage found this will be checked out Jim Dempsey- Commended the Queensbury Water Dept. on their help in regard to a break in a water line in our driveway. . .questioned when his road would be paved. . .Meadow Drive. . . Councilman Barber- believed it was on the schedule. . . 1976 Supervisor Brandt- The paving schedule will be gone over to determine which will be done first. . .Carl is ill and Floyd is doing both jobs. . . 251 I Mr. Bill Burns-2 Cedarwood Dr. President of the Twicwood Association. . . wished the Board to be aware of its existan.ce „purpoaes_to improve the welfare of the community. . . .noted. that some in had not gotten any satisfaction from some departments so that the association was formed to bring this out. . Supervisor Brandt is this' 'a formal, organization with a charter. . .what percentage does it represent in the area. . . Mr. Burns -it +does not have a charter JK this point in time. . .approximately 75 to 80% Mr. Roger Howard- 1 Cedarwood Dr. - noted the sand and gravel 'in the road at the school bus stop., .,.cars are unable to stop at the intersection and have knocked down the mail box twice. . .have called the Highway, and Police �- Depts. on this problem no calls' returned and no action over a three week period. . . noted Highway crews cleaning up stones in field on Brayton Road Councilman Barber-Its common knowledge that I am the chief offender that resides on Montray Road that a 'petition was circulated in the Twicwood Area, as a result of a private agreement that I have entered into with the Associatio to resolve that problem, I must say that ,I have an appreciation of your problems at that intersection. . .hopefully the highway committee will address it—self to that problem. . . Councilman Olson- using the sweeper on two shifts and an old sweeper to. . . Councilman BARber- requested that .Mr. Martindale sweep the area. . . Mr. Mattindale- we will try. . . Mr. Jones-20 Twicwood Lane- questioned the drainage problem on Montray Road. . . Supervisor Brandt-noted that in talk-trig with the County the problem was formed by the State in doing Route 9, noted that informal discussion have taken place with the State of New York, the Dept_ of Transportation so far I have hit a stone wall. . .just last week I put out a letter to the Governor, to our Senator, to our Assemblyman, to the head of the Dept. of Transportation, to the local engineer and I am trying to get their attention. .. Mr. Jones- Is this just a Route 9 problem? Councilman Barber- not totally. . .we have two problems in that area, it is a State problim drainage across the low land from the east side to the west side, the drainage down from :the Twicwood level to Route 9 is a Town Problem which the Town has not in-my, opinion addressed itself properly in the past, we have to get Mr. Lennon here to achieve an agreement between the State and ourselves to mutually solve the problem. . . Ms. M. .Stewart- No. Queensbury, noted the bad condition of Assembly Point Road and could the Town place guard rails on the Assembly Point Road on the Harris Bay tide noting the narrow dangerous road. . . Could the ,speed limit be dropped from 30 to 20 or 10 in the summer time? Supervisor Brandt- It is state Law that 30 is the minimum I believe. . . Mr. Thomas McDonough 28 Twicwood Lane. . .The reason Toamr�1 here tonight, is a situation-with Sperry Trucks,, in wlich one pfi-your board members is a princ pAL; . . .:.ob c4e dot fix in which certain property zoned C-3 was being used by Sperry -trucks. . .noted 'that he felt *that Sperry trucks was going to die-use the premises. . .wished that 'minutes reflect that the ; letter (on file) 'from Sperry Trucks is present. . .issue- is whether the �Iproperty involved can continue to be used in the fashion that it has been. . . noted that he objected to the fashion the property is being used. . .in the recent past. . . Councilman Barber- The firm Sperry trucks leases the property from Lima Walzack. . . Mr. Aanford Rosenblum- Attorney from Albany for Mrs. Walzack. . .noted that Mrs. Walzack has lived on Montray since 1960 or 61. . .at- that time a commercial use of, that .prpp:erty began. . .noted Mr. Walzack developed some of the roads. in Twicwood. . '.tfi.e residents who moved in knew of the earthmoving equipment on Montray Road. . .This property is the legacy to Lima and her son the only legacy they have. . . it is her liveli—hood as of today. . .noted that a resistanc( I 5 would be met if Mrs. Walzack' s livelyhood was put in jeaf tb some compromise should be met. . . Councilman Barb er-Thanked the residents for voicing themselves to highway problems- . . . .noting the Town needs a D.P.W. should have the Highway Dept. , Water Dept, Drainage and Engineering s: consolidated into one. . . so the residents can have better service. . . Unknown-do you have a detailed study on this practice of D.P.W. . . . Councilman Robertson- we are looking for more efficient use of the dollars that we have.. . Councilman Barber- we have to look to proper planting, organizational concepts and less duplication of machinery. . . Councilaan Olson- noted receiving phone calls, petitions and letters from Glens Falls School children, and teachers regarding Co-L Ss Woods where do we stand on the joint venture with the City? Supervisor Brandt-met with City and other plannerslto look at that proposal, I am for the concept,howeverttI was totally against purchasing lands that were not necessary or unusuAle and I felt that there had to be a close evaluation of the lands themselves. . . .before we move ahead. . .proposed a joint venture in receeation with the City . . .there is also the possibility of purchasing land from that7-ttActiofh1i dtaver to the City `Farm which would then tie into a proposed trail system that- goes up onto West Mountain all city owned -lands. . .with proper planning we could take advantage of trails that would tie into Niagara Mohawk property for bike trails and motorized vehicles both summer and winter. . . Councilman Barber-What is the cost? Supervisor Brandt- I do not know yet. I have gone to the land owners involved and asked what the bottom dollar is that they would take for their land. . .it is important we make a committeent to this.,.there are some federal monies available for this , the city has gone ahead with an application for these monies. . .on their own.°.howeve#it is understood that -they can not go through with it without cooperation and funding from the Town. . .There is a fund in the town for purchase of land with approximately #38,000. 00 in it. . .there is also talk in the County level to take part. . .50% funded by the Federal and 50% Sett be bn rhd City and Town and County .. we are pursuing that. . . Councilman Robillard- The 1976 Budget provided for two new patrolman, at this time, I would like to present the names of Stephen W. Bott, R.D.#1 Valley Falls , ` N.Y. and Larry J. Cleveland of 28 Smith Street, Warrensburg, New York to -begin May 1st. 1976. . . RESOLUTION APPOINTING PATROLMEN SOLUTION NO. 109 Introduced by Mr. Harold Robillard who moved its -adoption, seconded by r. Robert Barber: WHEREAS, there are openings for Patrolmen in the Police Department and WHEREAS, Gilbert Schlierer, Police Chief has made known to this Board that 'Steven W. Bott of RD#1 Valley Falls , N.Y. and Larry J. Cleveland of 28, Smith Street Warrensburg, New York are both qualified to fill such positions, therefore be it RESOLVED, that this Board does hereby appoint Stephen W. Bott of RD#1 Valley Falls, N.Y. and Larry J. Cleveland of 28 Smith Street, Warrensburg, New York effective May lst. 1976, and be it further RESOLVED, thathe salaries of each shall �be set at $8,740.00 per year. 'Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson; Mr. Brandt Noes : None Absent: None Councilman Barber-Supervisor Brandt since the demise of the Town Engineer what are your plans to reinstitute 110 t t the office with personnel i i to answer the many problems of the Town? rvisor Brandt- I am not sure they are engineering problems I first wkint to make sure that they are. . . if they are we will have to re*ddress ourselves to what we want to do as far as the position of the Engineer. As, I guess that it is fairly well known, we let the Engineer go, it was my decision, I 'felt that it was not' a good productive relationship the way it was definec)hnd I. felt that we we're not accomplishing what we should. . . there are no big engineering projectsgoing on,I think we can go without an engineer for a while, however if that does not turn out then we have to start interviewing. .. . Councilman Barber- noted that because of the various problems facing the Town in drainage, landfill etc. an engineer should be sought. . . Councilman Robertson- I feel the DPW is the highest priority. . . Councilman Barber- I will yield if we can go to mandAtory refto0uM and sell the pp blic and sell the need of a DPW. . .Supv. Brandt-That may even call fo an executive session-Councilman Barber-Mr. Brandt has a new stand on exec.sess Supervisor Brandt- Where it serves the purpose to better resolve these things in execffive sessions I will attempt to call an executive session. . . personnel matters, basic orgahization,16f what we are going to do in structuring parts of government that relate to personnel. . . u-� RESOLUtM TO APPROVE AUDIT OF BILLS CV RESOLUTION NO. 110 Intor'duced by Mr. Harold Rob llard who moved its adoption, seconded q Mr. michal Brandt: RESOLVED, that Audit of Bills as listed in Abstract No. 76-4 numbered 340 through 589 be accepted with the exception of numbers 457 and 461, Audit totaling $124,646.26, and be it further RESOLVED, that Audit Numbers 464 and 430 Mr. Michel Brandt abstains on and be it further RESOLVED, that Audit Number 511 Hammond Robertson' abstains on and be it further RESOLVED, that Audit Number 465 Daniel Olson abstains on. L Duly adopted bq the folloftng vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: None` ` On motion the 'meeting was adjourned. Respectfully, Donald A. Chase Town Clerk RESOLUTION SCHEDULING PUBLIC HEARING TO CONSIDER REPEAL OF SECTION 28.1 OF QUEENSBURY FIRE CODE WHICH PERTAINS TO BONFIRES AND OUTDOOR RUBBISH FIRES RESOLUTT"ON 'NO;°105 Introduced by Mr. oMichel Brandt who moved its adoption seconded by Mr. H";Q Robertson: WHEREAS, Section "28'.1 of the Fire -Code, adopted by the Town Board of the Town of Queensbury has been superseded by the -unactment of New York State Environmental Conservation Law Sections 9-1105 and 9-1107 and WHEREAS, the New York State Department of Environmental Conservation is authorized by law to enforce the aforesaid provisions of law pertaining to outdoor burning and to control the issuance of permits pertaining thereto, NOW, THEREFORE BE IT RESOLVED, that it appears that Section 28.1 of the Town of Queensbury Fire Code is duplicative and unnecessary in view of the regulations and control of the same conduct by the State of New York and that Section 28.1 should therefore be repealed from the Qu6ensbury Fire Code as being un- necessary, be it 254 RESOLVED, that a public hearing be scheduled as provided by and in accordance with law to consider whether Section 28.1 of the Fire Code should be repealed and be it 'further RESOLVED, that the Clerk of the Town of Queensbury be and hereby is directed to post, publish and cause to be made all legal notices necessary for the holding of said public hearing before the Town Board of the Town of Queensbury on the 11th day of May, 1976 at 7:30 P.M. at the Town Hall. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: None Special Meeting April 22, 1976 Members Present: I Daniel Olson Deputy Supervisor j Robert Barber Councilman Hammond Robertson Councilman Joseph Brennan Town Counsel T he meeting was called to order by Deputy Supervisor Olson. Meeting was started at 4: 00 P.M. i A RESOLUTION AUTHORIZING THE ISSUANCE OF A $33,700.00 CAPITAL NOTE OF THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK, TO RENEW IN I PART A $70,000.00 CAPITAL NOTE OF SAID TOWN TO PAY PART OF THE COST OF THE CONSTRUCTION OF A BUILDING FOR USE BY THE nUEENSBURY TMTN HIGHWAY AND POLICE DEPARTMENTS OF SAID TOWN. RrqOTJJTION NO- 11L introduced by Mr.Olson who moved its adoption seconded by Mr. Barber. R_ WHEREAS, the Town Board of the Town of Queensbury on February 26, 1975, adopted a capital note resolution in the amount of $70,000.00; and WHEREAS, such a capital note was sold by the Supervisor of the Town of Queensbury to the First National Bank of Glens Falls, New York; and WHEREAS, said capital note was renewed .on February 26, 1976 pursuant to the adoption of a resolution by the Town Board on February 26, 1976; and WHEREAS, said capital note is due as of April 23, 1976; NOW THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury or the Deputy Supervisor and acting Supervisor of the Town of Queensbury in the absence of the Supervisor be and he hereby is authorized to (a) pay toward said capital note the sum of $16,300.00 plus interest ` toward said capital note, and + f (b) to partially renew said capital note with a balance of $33, 700.00 with the First National Bank of Glens Falls, Glens Falls, New York for a period running from April 23 , 1976 to July 22, 1976 with in serest not to exceed the rate of six and one .half percent (6-170) per annum. (A copy of the renewal capital note is attached hore to.) UNITED STATE OF AMERICA" E i STATEI`OF NEW YORK COUNTY OF WARREN ` TOWN OF QUEENSBURY CAPITAL NOTE, 1976 No. $33,700. 00