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1974-02-28 53 E ,OT U'ZIU.'i i4j. 7 Introduced by 'fr. 'Jarold '-obillard who moved its ado ptio seconded by Ar. Daniell Olson: lit of ills -)s listed in Abstract _;o . 74-2 LSOLV "'i t .at t 1-i L, 'I'lu"- z;. mberecd 7:_�-2! ' totalin- 497 .3_31,43 is hereby approved. Jule at�ontccl Ly the L"ollow-;Lnl- vote : A-V e S: ',fr. Olson, ?1r. 3arber, 111r. 111obillard, 1.1r. I'liust-in Noes : lone Absent : 7'1r. Streeter Jn motion the -aectin,7 was adjourned. espectEully submitted, _L Donald A. Chase , mown Clork REGULAR MEETING FEBRUARY 28, 1974 MEMBERS PRESENT: John Austin Supervisor Daui&l Olson Councilman Robert Barber Councilman Harold Robillard Councilman Gordon Streeter-Absent J. David Little Town Counsel GUESTS : Joseph Kestner, Quentin Kestner, Thomas Flaherty, Carl Garb, Ray Buckley, George Liapes, Harold Boynton, MR4. Carl Covell, Paul Cushing, Lee Coleman, Greg Johnson, Daniel Sweet, Floyd Martindale, Mr. Ainsworth and two students Qsby. High, Meeting Opened 7: 30 P.M. Salute to the Flag . Bid Opening on Contract #17 a one million gallon welded steel standpipe- notice was read. . .Bids were opened by the Town Clerk read by Joseph Kestner: Chicago Bridge & Iron Co . Bid Bond Base Prop. Additional Days One Wall Street 5% New York, N.Y. 10005 Federal 177, 600. 00 11, 925. 00 455 Fisher Tank Co. 3131 W. Fourth St. 8, 000. 00 Chester, Pa. 19013 Federal 156, 800. 00 450 Pittsburgh-Dee Motes Steel Co. 5% 33rd. Floor, 605 Third Ave. Federal 208, 592 . 00 170435. 00 800 New York, N.Y. 10016 Witherup Fabrication & Erection, Inc. 10, 850. 00 P.O. Box 55 U.S . Fidelity 217, 000. 00 400 Kennerdell, Pa. 16374 Supervisor Austin requested Mr. Kestner to review all bids and make his recommendation. . . ANNOUNCEMENTS : - The Supervisor, Deputy, Town Engineer met with the Mayor of Glens Falls regarding Bus service. . .preliminary discussions. . . - A Survey conducted by Acc Sociology dept. concerning the recreation facilities will be conducted: the poll will check town residen-L& 54 responses to recreation programs . . . -Picotte Realty was questioned by the Supervisor regarding the appraisal of the City Landfil-waiting for answer. . . -The Annual Report of the Supervisor was presented to the Town Clerk for publication. . . Mobile Home Hearing 7;45 P.M. John Graves of Haviland Roads owner of property Carl A. Covell-Hardship reasons given-Building & Zoning Inspector gave approval. . .Mrs. Carl Covell was present : Public Hearing Opened: Daniel Sweet question the assessment on the trailor. Town Counsel said that the Farm was one assessment and the trailor part would have to be looked up. . . (Mobile Home located on Haviland Rd.) Hearing Closed. . . - RESOLUTION TO AUTHORIZE TE11PORARY PERMIT FOR MOBILE HOME RESOLUTION NO. 75, Introduced by Mr. Robert Barber who moved its adoption, seocnded by Mr. Daniel Olson: WHEREAS, John Gravels of Haviland Road, Glens Falls, N.Y, has made applica- tion 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 Haviland Road, and WHEREAS, it is hereby determined that the facts presented in said applica- tion are sufficient to authorize the issuance of tbh 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 John Graves of Haviland Road, Glens Falls, New York to locate a. mobile home outside of a licensed mobile home court for a period of one year at property situated at Haviland Road, Town of Queensbury, and that the B1d-g. 'Dept. 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. Austin Noes : None Absent : Mr. Streeter - TO : Members Queensbury Town Board We are here tonight to acquire a permit for holding a motorcycle race at Queensbury Senior High School We hove gone to the school board with the idea, showed them our plans of the track and they are behind us. Mr. Ainsworth is oup- school adviser. Mr. Murphy, principal and Mr. Kneeshaw, assistant principal have been helping us get +eve hing off the ground. There is an insurance policy that we can purchase from the William P. Leonard Agency for about $280. 00. This will cover spectators and property damage. The race will be held on May 19, 1974. There will be Police there to take care of crowd control, traffic and parking. An ambulance will be in the pit area, in the middle of the track. After the race is over we will return the grounds.to their, original state. We will charge an admission fee for spectators and an entry fee for the riders . The money that we make will be donated to the scholarship fund. Thank you, /s/ Bob Hartman /s/ Daniel Legault 2-28-74 Mr. Hartman, Mr. Legault and Mr. Ainsworth were present . . . Councilman Olson questioned the hours of the race. 55 Daniel Legault: One O'Clock to Five or Four in the afternoon, on Sunday. Councilman Robillard noted that this is a student sponsored function and moved that the fee be waived_ . . . and hope that the program is a success . . . RESOLUTION GIVING APPROVAL OF RACING EVENT AT QUEENSBURY SCHOOL RESOLUTION NO. 76. Intorduced by Mr.Harold Robillard who moved its adoption, seconded by MR. Robert Barber: WHEREAS, Bob Hartman and Daniel Legault made application to conduct a motor cycle race at Queensbury Senior High School on May 19th 1974 ; and WHEREAS, their application has given assurance that the necessary steps will be taken to insure the public welfare and safety in connection with said event; now, therefore be it RESOLVED, that pursuant to Ordinance of the Town of Queensbury relating to racing events, as adopted on May 16, 1968, a license is hereby issued for the aforesaid racing event; and be it further RESOLVED, that the licensees ' shall present to the Town Clerk prior to said racing event proof of the necessary insurance coverage; be it further RESOLVED that the fee for said license is hereby waived for the reason that said event is a char` tAble event. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Austin Noes : None Absent: Mr. Strbeter ANNOUNCEMENTS : - The Town has notified Niagara Mohawk regarding the work being done on Sherman Avenue, storm drains . . . - Mrs. Kazazean of Ridge Road thanked the Town for their help in contacting the State in regard to a drainage problem. . . -Supervisor Austin noted the flooding in the area the past week and thanked the Highway Dept. Water Dept. and Town Engineer for their helO Highway Supt. Carl Garb noted that more dry wells will have to be placed. . . February 19, 1974 I, George Liapes and my wife, Carol Liapes, have the following properties in the Town of Queensbury: 3 Foster Avenue - Rdsidence 25 Aviation Road - 2 Family Dwelling Mortgage on 75 acre wood lot north off Farm-To- Market Road /s/ George P. Liapes February 19 , 1974 I, Harold E. Boynton and my wife, Marian R. Boynton have the following properties in thh Town of Queensbury: House and lot east side of Jenkinsville Road, corner of Rainbow Trail. Adjoining lot in rear of above to east facing on Rainbow Trail. /s/ Harold B. Boynton Supervisor Austin noted that this was a suggestion at the Association of Towns and hopes that the Town Board, Zoning Board and Planning Board would alah List the properties they own in the Town. -Supervisor Austin announced that the Highway Garage referendum was approved by a vote of 354 to 142 . . . thanked all timt were involed in 56 the project. . . . STATUTORY INSTALLMENT BOND RESOLUTION REGARDING ROUTE 9 WATER DISTRICT RESOLUTION NO. 77 , Introduced by Mr. Robert Barber, who moved its adoption, seconded by Mk_ John Austin: WHEREAS, by Resolution No. 45 dated January 22, 1970, The Town Board of the Town of Queensbury, Warren. County, New York, authorized the issuance of serial bonds not exceeding $23, 500. 00 to pay the cost of cast iron pipe and fittings used in the relocation of water lines along Route 9 in the Queensbury Water District, and WHEREAS, pursuant to said resolution the Supervisor of said Town of Queensbury did execute a Bond Anticipation Note in the amount of $23,500. 00 on January 22, 1970 which note was sold to the Glens Falls National Bank and Trust Company, Glens Falls , New York and which maturdd on January 22, 1971, and WHEREAS, said bond aniticPation note has been renewed on the date of maturity thereof and the principal balance now due thereon is $18 ,800. 00, and WHEREAS, it is now desired to refinance said balance due of $18,800. 00 by the issuance of a statutory installment bond in the amount of $18,000. 00 pursuant to this resolution and the provisions of the Local Finance Law, now, therefdrg, be it RESOLVED: The spactfic object or purpose for which obligations are to be issued pursuant to this resolution is to refinance the cost of cast iron pipe and fittings used in the relocation of water lines along Route 9 in the Queensbury Water District. 2. The maximum cost is $18, 800. 00 to be rovided by the issuance of a statutory installment bond in the amount of $18,000. 00 pursuatt'__to this resolution. 3. The following determinations are hereby made: (a) The period of probable usefulness of such cast iron pipe and fittings is 40 years. (b) The subdivision of paragraph a of section 11. 00 of the Local Finance Law which is applicable in the circumstances is 1. (c) The proposed maturity of the obligation authorized by this resolution will not exceed 5 years. 4. The Town of Queensbury shall issue its statutory installment bond in the amount of $18, 800. 00 to finance such cost in accordance with the financial plan set forth above. The bond shall be dated as of January 22, 1974 and the power to fix and determine the exact date of the bond is hereby delegated to the Supervisor. 5. The bond shall be in the amount of $18 ,800. 00 and shall mature on January 22, 1979 and shall be paid in equal annual installmants of $3, 760. 00 on the 22nd day of January in the years 1975 to 1979, inclusive. The power to determine the exact date upon which the installments of principal and of interest shall become due and payable is hereby delegated to the Supervisor. The bond shall be issued in bearer form without coupons and shall not contain a power to convert to registered form. The bond shall bear interest at a rate not exceeding four and three-eights per centum (4 3/8%) per annum payable annually. Interest will not be paid on any installment of principal, or of interest, after the due date thereof. Both the installments of principal of and the interest on this bond will be evidenced by notation on the bond at the time of payment. The bond shall be in substantially the following form: United States of America Statutory State of New York Installment County of Warren Bond Town of Queensbury $18. 800. 00 STATUTORY INSTALLMENT BOND - 1974 The Town of Queensbury, in the County of Warren, a municipal corporation of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the bearer of this bond the principal sum of Eighteen Thousand and Eight Hundred (18, 800. 00) in five (5) equal annual installments of Three Thousand Seven Hundred and Sis3ty Dollars ($3, 760. 00) on the 22nd. day of January in the years 1975 to 1979, inclusive, and to pay interest on the unpaid balance of such principal sum at the rate of four and three-eights (4 3/8%) per centum per annum, annually, in each year from the date of this bond until it matures. Interest will not be paid on any installment of 57 principal, or of interest, after the due date thereof. Both the installments of principal of and the interest on this bond will be paid to the bearer of the bond in lowful money of the United States only upon presentation of this bond for notation of any such payment thereon at the office of the Glane Falls National Bank and Trust Company, or its successor in interest , Glens Falls , New York. This bond is a statutory installment bond, the principal sum of which cannot exceed One Hundred Thousand Dollars ($100, 000. 00) , and is issued pursuant to Section 62.10 of the Local Finance Law, and pursuant to a bond resolution entitled "Statutory Installment Bond Resolution" duly adopted by the Town Board of such Town of Queensbury, New York on the 28th day of February, 1974. This bond may not be converted into either a coupon bond or a registered bond. The faith and credit of such Town of Queensbury are hereby - irrevocably pledged for the punctual payment of the installments of principal of and the interest on this bond according to its terms . It it hereby certified and recited that all conditions, acts and tunings required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bon d exist, have happened and have been performed, and that this bond, together with all other indebtedness of such Town of Queensbury is within every debt and other limit p: cribed by the Constitution and laws of such state. IN WITNESS WHEREOF, the Town of Queensbury has caused this bond to be signed by its Supervisor and its Supervisor and its corporation seal to be hereunto affixed and attested by its Town Clerk and to be dated as of the 22nd, day of January, 1974. TOWN OF QUEENSBURY By Supervisor (SEAL) ATTEST Town 8 er 6. The Supervisor of the Town of Queensbury is hereby delegated the power to prepare such bond and to sell the bond at private sale at not less than par and accrued interest, and at the sale to fix the interest rate to be borne by the bond, within the limitations set forth in this resolution. The powers delegated to the Supervisor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 7. This resolution shall take effect immediately. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Austin. Noes : None. Absent: Mr. Streeter. RESOLUTION RESCINDING RESOLUTION NO. 69 of FEBRUARY 14, 1974. RESOLUTION NO. 78, introduced by Mr. Robillard who moved its adoption seconded by Mr. Austin. RESOLVED, that Resolution No. 69 adopted at the meeting of February 14, 1974 be and hereby is rescinded. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Austin. Noes : None. Absent: Mr. Streeter. �8 RESOLUTION TO ADVERTISE FOR BIDS ON REAL PROPERTY ON QUAKER ROAD OWNED BY THE CEMETERY COMMISSION RESOLUTION NO. 79 introduced by 'Mr. Olson who moved its adoption seconded by Mr. Robillard. WHEREAS, the Town of Queensbury is the owner of property on the north side of Quaker Road in said Town, which property is bounded on the west by premises of Regan and Denny Funeral Service Inc. , and other lands of the Town of Queensbury; on the north and the east by other lands of the Town of Queensbury; and on the south by said Quaker Road; which property is 300' wide on Quaker Road and on the northerly boundary and 450' deep; which property is more fully described in annex A hereto attached; and WHEREAS , pursuant to section 64 of the Town Law of the State of New York,— said Town Board has the authority to convey real property in the name of the Town where such property is no longer needed for public purposes ; and WHEREAS the Cemetery Commission of the Town of Queensbury has determined that said property is no longer needed for Cemetery purposes ; and WHEREAS the Town Board of the Town of Queensbury hereby determines that said property is no longer needed for public purposes of the Town of Queensbury; and WHEREAS said Town Board intends to adopt a resolution to convey said pro- perty for its market value, which resolution shall be subject to permissive referendum; and WHEREAS, said Town Board desires to receive bids for the purchases of said property; now, therefore be it RESOLVED, that the Town Clerk be and he is hereby authorized and directed to cause to be published once in the official 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 :00 P.M. D. S.T. on the 28th day of March, 1974, at the Town Clerk' s Office, at the Queensbury Town Office Building, Bay and Haviland Roads , Town of Queensbury, for the purchase of certain real property described in Annex A hereto attached and subject to the covenants and restrictions therein contained. Said conveyance is subject to the permissive referendum requirements of the Town Law of the State of __ New York. Terms are cash only. The Town Board reserves the right to re- ject any and all bids. ANNEX A All that certain pieve 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 in thb northerly bounds of Quaker Road at the southeasterly corner of permises conveyed by the Town of Queenbbury to Regan and Denny Funeral Services , Inc. , by deed dated November 9 , 1971 recorded November 15, 1971 in book number 543 of deeds at page 268 in the Warren County lerk' s Office, ru nina fr m �hencq N rtb 13 d rees and 38 minutes East a ong the easterly ioun s o t e said lands of gan an Denny and continuing the same course for a total distance of 450.00 feet; thence running South 79 degrees and 43 minutes East, 299. 51 feet; thence running South 13 degrees and 38 minutes West, 450. 00 feet to a point in the northerly bounds of Quaker Road; thence running North 82 degrees and 56 minutes West Along the northerly bounds of Quaker Road, 153. 00 feet to the center of a concrete monument; thence running North 76 degrees and 22 minutes West, still along the northerly bounds of Quaker Road, 147. 00 feet to the point and place of beginning, containing 3. 118 acres of land, be the same more or less. Bearings given in the above description refer to the magnetic meridian as of June, 1971. The party of the second part covenants that neither it nor its successors-- or assigns shall at any time hereafter maintain or permit any mechanical business or any stable, barn, garage or gasoline station, nor erect, carry on, maintain, suffer or permit on the premises or any part thereof, any brewery, distillery, dram shop, saloon of other place for the manufacture or sale of wine, beer or intoxicating liquors, nor any dangerousy ffensive or noxious trade, business of occupation or any nuisance whatever, nor any manufacturing business, nor erect, carry on or maintain, suffer or permit on the premises or any part thereof any boarding house, multiunit apartment house, tenement house, theater, restaurant, hot dog stand, place of amusement, objectionable manufacturing industry, coal yard or oil or gasoline storage yard nor shall said lands herein conveyed by 59 subdivided or sold except as a whole, and that this covenant shall run with the land and bind all future owners thereof. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Austin. Noes : None. Absent: Mr. Streeter. Supervisor Austin noted that the monies from the property would be split: 4 used in the care of the cemetery 4 used for capital improvements k town acquisition of land for the recreation or conservation areas . . . OPEN TO PUBLIC 8: 16 P.M. Daniel Sweet: question the board on action regarding Fuel Oil Tax. . . Supervisor Austin: The board passed a resolution supporting the dismissal of a fuel oil tax. . . Daniel Sweet: expressed his opposition regarding the allocations that Governor Wilson has asked for in regard to liberal arts . . . Daniel Sweet: question the board in regard to the amount that would be allocated to celebrations. . . Supervisor Austin noted that this would be looked into. . . On motion the meeting was adjourned. Respectfully submitted; Donald A. Chase, Town Clerk REGULAR MEETING MARCH 14, 1974 MEMBERS PRESENT: John Austin Supervisor Daniel Olson Councilman Harold Robillard Councilman Gordon Streeter Councilman Robert Barber - Absent J. David Little Town Counsel GUESTS : Mr. & Mrs . Seybolt, Lee Coleman, Ray Buckley, Thomas Flaherty, George Liapes, Harold Boynton, Carl Garb Meeting Opened 7 : 36 P.M. Salute to the Flag. Mobile Home Application-Mr. & Mrs. Stephen Seybolt of Pinewood Road to locate a mobile home on Luzerne Road-owner of the land John S . Carusone-Building Dept. recommended approval-Mr. & Mrs . Seybolt were present. . . Supervisor Austin asked to table the permit for one week to investigate the site. . .brought before the board again in one week. . . REZONING APPLICATION Gary Watkins of 2 Pinecrest Drive to rezone property on Weeks Road from C-3 to R-5 the owner of the property is William Kostechko- Supervisor Austin noted that this has been brought before the Board on two occasions and was denied. . . the owner or representative did not appear and the second time it was withdrawn. . . refer to the County and Town Planning Boards for their recommendations . . . RESOLUTION TO SET PUBLIC HEARING TO REZONE PROPERTY ON WEEKS ROAD FROM A C-3 TO AN R-5 RESOLUTION NO . 80 Introduced by Mr. John Austin who moved its adoption, seconded by Mr. Daniel Olson: