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1974-06-27 Regular Meeting June 27, 1974 Members Present: John Austin Supervisor Daniel Olson Councilman Robert Barber Councilman Harold Robillard Councilman Gordon Streeter Councilman J. David Little, Town `Counsel was absent. The meeting was opened at 7 : 30 P.M. with a salute to the flag. First on the agenda was an application for a one year permit for a mobile home from John Rothermel to place a mobile home on property on West Mountain Road while he is building his home. Mr. Austin questioned Mr. Boynton as to who was going to reside in the mobile home. Mr. Boynton replied that Mr. Rothermel was going to reside there while he is building his home. Mr. Austin asked if Mr. Rothermel had a lease from the Cronin' s who own the property, and Mr. Boynton replied that he is going to buy the property on contract. Mr. Boynton has approved the application. The application was adjourned to a later time in the evening so that Mr. Rothermel could be present for questioning. The Police Dept. report for May was read and placed on file in the Clerk' s office. Mr. Austin wished to make note that he received a letter from Stanley Miller of 5 Pershing Road inquiring as to the status of funds being held in a Certificate of Deposit on behalf of the Pershing-Ashley-Coolidge Sewer District and he indicated that he would investigate this matter for Mr. Miller and the other property owners in the district and will make a determination as to the i status of those funds before budget time. The Neighborhood Youth program of Warren and Hamilton Counties is now accepting applications and we are looking for several work crews here at the town level. This is a Federal funded program. Mr. Austin reported on the Donovan Plan. The State assistance in the past has been 25% of our expenses. This has been increased to 40%. Six roads are being worked on at the present time. We have a request from Robert Madden for the paving of St. Andrews Drive. This has -been referred to the Highway Superintendent. Notice from the Adirondack Park Agency that a public hearing will be held on Tuesday July 9th here at the Town Hall at 2:00 P.M. The meeting will be about a proposed subdivision for Marion E. Jeckel consisting of three lots, two of which will front on Lake George. The road is Seelye Road in the Town of Queensbury. A request for lights on Hanneford Road. Matter was referred to Councilran Olson. A petition was received from homeowners in three small areas near the West Mountain Road for an extension o1 the Queensbury Water District. On this project the contractors will be required to put the pipes in themselves that is why there is no cost. t A letter was also received about the lack of enforcing the No- Parking restrictions on Sweet Road and Route 9. Mr. Austin will refer to the Police Chief and reference will also be made to the State Police and the Sheriff' s Dept. Received two complaints about lack of completion .of improvements along roads in the West Queensbury Water District. Mr. LaRose will be notiffied on this matter. A letter was read from the Warren-Hamilton Counties Action Committee for Economic Opportunity, Inc. asking for financial aid. The Supervisor will contact Mr. Hamilton Wright and arrange a meeting with him prior to budget time. �3� s Mr. Rothermel' s application for a mobile home permit was brought up again at this time. Mr. Rothermel explained that he would be living in the mobile home while he was building his home. Questions were asked by the board to Mr. Rothermel. Mr. Olson asked the application be tabled so that the site can be looked at. Mr. Austin noted the large audience from the Lake George region and stated that he had a request from the Katskill Bay Assoc. Board of Directors for an increase in our present ordinance No. 33 which is an ordinance prohibiting the anchorage of boats within 100 feet of any private dock or improved property, unless by permission of the owner. The board has a request to increase the distance. Mr. Austin' s thought was to set a public information meeting on this proposal and also because of some petitions received from last year regarding the 5 mile per hour speed limit in the bays of Lake George, that a public information meeting be held on this matter also. Mr. Austin asked the board what they thought of a discussion on these matters and what would be an appropriate time. Mr. Robillard stated he would like to see an information meeting as soon as possible. Mr. Austin opened the floor for discussion on the matter. Mr. Elliot Lawton stated that the 5 mile per hour ordinance has been a savior for Harris Bay and he sees no reason to change it. Mr. Austin stated that he had petitions both for and against the ordinance. Most of them were however in favor. He stated to Mr. Lawton that the board is only making itself available for comment to all who are involved with, the matter. Mr. Robert Stutz asked which boy residents seemed to be opposed to it. Mr. Austin stated he heard more from the Dunham' s Bay residents . Mr. Rene Chapuis of Dunham' s Bay made it known that most of the residents in that bay are in favor of the ordinance the way it stands. If anything they would like to see it stretched out further in the bay. A Dunham' s bay resident stated that he believes that most of the objection to the ordinance has come from water skiers. Mr. Austin agreed. The resident was named Stanley Warecko. A memo from Mr. Strempel of the Joshua' s Rock Corp. was given to the Clerk saying that the corporation is opposed to any relaxing of the e-jeUtibg7, prohibitions . Ray Calcagne of the Lake George Park Commission talked in regard to changing mooring distance from 100 to 200 feet. He stated that more and more persons are calling asking for zoning of the lake. He stated that he was in favor of zoning as well as maintenance of the 5 mile per hour speed limit. Sally Chenier voiced her opinion in favor of the 200 foot docking. Mr. Austin asked the people their opinion of the 260 foot docking. All spoke in favor of it. Some people asked about the validity of the petitions saying that they believe that some of the names were weekend people only. Linda Brown asked that with the people who were here tonight who all appear in favor of keeping the 5 mile per hour speed limit, if any more petitions were received in favor of the same would it be necessary to have a public information meeting. Mr. Austin said it; would not be any harm for anyone to come in and talk on any topic. He just wanted to make the board available to anyone who had anything to say on either of these topics . Mr. Austin said that one of the complaints of the people of the lake region is that the board is available to them for only a short time. They feel that they are not a part of the deliberations of town government. They do not get a chance to vote even though they are taxpayers. These meetings are an attempt to get them involved. Mr. Robert Barber feels that we should not open a Pandora' s box. He feels the ordinance has been approved by many with little or no complaints and that a meeting will only tend to kindle some of the peoples feelings, who are against it. Mr. Robillard said that even the minority has a right to be heard. He stated that public reaction to the speed limit after it had been obsefved in operation was in order. He also felt that summer residents should have the opportunity of making their desires !IT,-own to the town officials. Mr. Austin explained that a public information meeting will be held on July 11 regarding changing; the docking regulations from 100 feet to 200 feet and also on the 5 mile per hour speed limits in the bays. On recommendation of the Town of Queensbury Fire Protection Committees a public information meeting will also be held on July 11 , 1974 to discuss the adoption of a municipal Fire Code and the appointment of a part time Fire Marshal. The Fire Marshal would be appointed from candidates with a high school education and 4 years experience as a volunteer fireman, two years as a salaried firefighter or a combination. He will have to have knowledge of fire codes, building department requirements and general knowledge of related codes and town procedures. The code would work mainly with commercial and industrial sites and would be superseded by state and federal codes. . ^-- Ken Parker of the Queensbury Central Fire Co. thanked the board for th6tr action in announcing the go ahead to have a public information meeting on these two matters. Meeting was opened to the public. Mr. Ray Calcagne complimented the board for their work on the overall sewer plan for Queensbury and Lake George. Mr. Warnecke of Dunham' s Bay was encouraged with the board' s way of conducting meetings. He stated it was nice to see that things were done the right way. RESOLUTION TO CONDUCT CARNIVAL OPERATION RESOLUTION NO. 163, Introduced by Mr. Daniel Olson who moved its adoption seconded-by Mr. Robert Barber: RESOLVED,_ that permission is hereby granted to conduct a carnival operation as follows : Sponsor: Queensbury Plaza Association Carnival : Robert D. Kellogg Amusements, Inc. Place: Queensbury Plaza Shopping Center Date: August 6-10, 1974 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 tbe—amount of not less than $500, 000/$1,000, 000. 00 bodily injury liability and $50, 000 property damage liability insur- ance. Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None . Absent: None RESOLUTION REGARDING UNSAFE STRUCTURE OF JOMAR INC. RESOLUTION NO. 164 Introduced by Mr. Robere Barber who moved its adoption, sMonded seconded by Mr. Daniel Olson: WHEREAS, it was reported to this Board that certain structures on Ridge Road, in the Town of Queensbury, Warren County, New York, are in a condition dangerous and unsafe to the public , and WHEREAS, Harold Boynton, Assistant Building Inspector for the Town of Queensbury, was duly appointed to make an inspection of such buildings and premises , and to report thereon to this Board, and WHEREAS, such inspection was duly made by the said Harold Boynton, Assistant Building Inspector for the Town of Queensbury, which re- port to this Board is that said premises and buildings or structures . thereon situate are in such a dilapidated condition and so situate that they or parts of them are in need of removal or repair, and that the said buildings are unsafe and dangerous to the public and constitute a public nuisance,and WHEREAS, it appears that the said premises are owned by Jomar, Inc . , NOW, THEREFORE BE IT RESOLVED, AND ORDAINED, that the said Jomar , Inc. , the owner of said premises and buildings , either remove or repair the said structures within the time limitation and in the manner set forth in Ordinance No. 31, Unsafe Buildings and Collapsed Structures, adopted pursuant to the authority contained in Section 130, Subdivision 16 , of the Town Law of the State of New York; further be it UW RESOLVED AND ORDAINED, that the Town Clerk, pursuant to and in the � 3� 6• manner authorized by Town Law, Secti.nn 130, Subdivision 16, Sub- paragraph B. , shall forth with cause to be served upon the said owner Aanotice in writing containing a description of the premises and the particulars in which the buildings are unsafe or in dangerous condi- tion, and a further statement ordering it to make the same safe and secure to remove the same as hereinbefore set forth; further be it RESOLVED AND ORDAINED, that in the event of the neglect or refusal of the said owner to comply with the aforesaid notice, a survey of the premises shall be made by George P. Liapes, Building Inspector for the Town of Queensbury, and Raymond Buckley, Engineer for the Town of Queensbury, hereby appointed and designated for such purpose, and the parties nominated pursuant to said Ordinance hereinbefore mentioned by the owner, and in the event of failure or refusal of the ownere to appoint such person to act on its behalf, or in the event of the failure of the persons so appointed by it to act, the survey shall be made by the persons appointed by this Town Board; that if a practical builder, engineer or architect shall not be appointed by the said owner designated by the owner within thirty (30) days after service of this notice upon it, and/or such owner notifies the Town Clerk of the name of the person or persons so designated, and/or such persons shall fail to cooperate with the Inspector and Engineer named by this Town Board as aforesaid, then said parties designated by the Town Board aforesaid shall make such survey and report to the said Town Board. In the event said buildings are reported to be unsafe or dangerous by said persons or a majority of them as designated by the Town Board and the owner, an application will be made at a Special Term of the Supreme Court in the Judicial District in which said property is located, such term to be designated by the Town Clerk, for an order determining that said buildings are a public nuisance and directing that the same be repaired, secured, or taken down and removed as the Court may determine, be it further RESOLVED AND ORDAINED, that a report of the survey on the buildings signed by the persons making the report, setting forth in full their findings in respect to the buildings and compensation of the surveyors, be posted by the Town Clerk upon the said buildings within five (5) days after the receipt of such report by said Town Clerk, be it further RESOLVED AND ORDAINED, that all costs and expenses incurred by the Town in connection with the proceedings to remove or secure said buildings , including the compensation of the surveyors and the cost of repair or removal, shall be assessed upon the land upon which the same shall stand, and be it further RESOLVED AND ORDAINED, that notice of all of the aforesaid shall be given in writing to the owner by the Town Clerk as designated in said Ordinance. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent: None RESOLUTION TO ADVERTISE FOR BIDS FOR POLICE CAR RESOLUTION NO. 165, Introduced by Mr. Harold Robillard who moved its adoption, second by Mr. Robert Barber: WHEREAS, Mr. Gilbert Schlierer, the Chief of Police of the Town of Queensbury, has recommended that the Town Board advertise for bids for the purchase of one new Patrol Car, therefore be it RESOLVED, that the Town of Queensbury solicit sealed bids for a new Patrol Car and that the following notice 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 proposals on one new Patrol Car up to 5 :00 P.M. on tha 11th day of July, 1974 at the Town Clerk' s Office in the Queens- bury Town Office Building, Bay and Haviland Roads, Glens Falls, New York. Bids must be submitted in sealed OPAQUE envelopes plainly marked POLICE CAR BID and there shall be included in such bid, the certificate of Non-Collusion required by Section 103D of the General Municipal Law, and the bidder must state the approximate delivery date of the equip- ment to be supplied. The Town Baard will meet at the Queensbury Town Office Building at 7 : 30 P.M. on the 11th day of July, 1974 at which time the bids will /d2 H s be opened and read aloud. A copy of the detailed specifications of the equipment to be purchased may be obtained during the office hours at the office of the Town Clerk in the Queensbury Town Office Building. The Board reserves the right to reject any or all bids. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None i Absent: None Mr. Austin stated that he had indicated they#were going to appoint a. Municipal Advisory Council for Environmental Conservation. Applications are now coming in and they are in the process of making their determinations. Mr. Austin spoke on a topic that was printed in the Tri-County News on June 20 regarding the placing of a sign on the Northway advertising the Saratoga Fair. The article stated that the sign was approved on a permit basis for advertising for the large amount of cars that the fair was going to attract. Mr. Austin noted that the year around shopping in Queensbury attract more cars. Mr. Austin recommended the following resolution RESOLUTION TO PREPARE APPLICATION FOR PERMIT FOR THE ERECTION OF SIGNS ON THE ADIRONDACK NORTHWAY DESIGNATING THE QUEENSBURY BUSINESS DISTRICT RESOLUTION NO. 166, introduced by Mr. Austin who moved its adoption, secon e y -7 o illard. WHEREAS , The New York State Department of Transportation by permit recently approved the erection of signs on the Adirondack Northway designating the Saratoga Fair for the reason of keeping a steady flow of traffic and of designating a location many motorists are driving to; and WHEREAS, traffic from the Adirondack Northway to the Queensbury Business District is substantial, creating problems in traffic flow at Exit 19 of the Northway; and WHEREAS, motorists seeking the Queensbury business district often take the wrong exit because of inadequate designation; NOW, THEREFORE, BE IT RESOLVED, that the Town Engineer is hereby authorized to prepare an application for a permit for the erection of signs on the Adirondack Northway designating the Queensbury business district. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent: None Supervisor Austin-noted that he will be seeing the Postmaster in regard to service in the Town. . . Highway Supt. Carl Garb commented on the Dannvan. Plan noting it will be in effect in 1975. . . Councilman Olson: questioned the Meadowbrook Road situation Engineer Ray Buckley-we are awaiting right of way approval on the project. . . Chief Gilbert Schlierer reported on the up coming bike race on August 11, 1974 RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 167, Introduced by Mr.John Austin who moved its adoption, seconded y Mr. Daniel Olson: RESOLVED, that the Audit of Bills as listed in Abstract No. 74-6A numbered 807, totaling $36, 700. 00, is hereby approved. Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent: None On motion the meeting was adjourned. Resp&ctfully. submitted, Donald A. Chase Town Clerk i RESOLUTION FOR ISSUANCE OF $70, 720.00 SERIAL BONDS OF THE TOWN OF QUEENSBURY, NEW YORK, FOR PURCHASE OF HIGHWAY EQUIPMENT RESOLUTION NO. 159 , introduced by Mr. Streeter, who moved its adoption, seconded by Mr. Barber, WHEREAS, the Town Board of the Town of Queensbury by Resolution No. 114, adopted April 18, 1974 and by Resolution No. 94, adopted March 21, 1974, approved purchase by the Town Superintendent of Highways certain machinery for highway construction and maintenance at a total cost of $70,720.00, ; subject to the approval of the Warren County Superintendent of Highways , pursuant to Section 142 of the Highway Law of the State E` of New York, and WHEREAS, the approval of the County Superintendent of Highways has been filed with the Town Clerk; and WHEREAS, the Town Board provided by such resolutions that �� such total cost was to be aid from the p proceeds of obligations ' to be issued pursuant to the Local Finance Law of the State of New York NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury,. Warreni County, -New York, as follows: 1. For the purpose of paying the cost of said highway equipment, there are hereby authorized to be issued, pursuant ' to the Local Finance Law, serial bonds of the Town of Queens- bury, Warren County, New York, in the principal amount of $709720.00. 2. The estimated maximum cost of such object or purpose is $70,720.00. The plan of financing same consists of the issuance '` of said serial bonds. 3. Such bonds , each to be designated substantially HIGH- WAY EQUIPMENT SERIAL BOND , 1974 shall be dated July 17, 1974, each, numbered from one to five, both inclusive maturing in each f of the years 1975 to 1979, both inclusive, and each bearing in ` - terest at a rate not exceeding five per cent per annum, payable annually on the 17th day of July. Such bonds shall be in bearer , coupon form with the privilege of conversion into bonds registered as to both principal and interest, and shall be payable as to both principal and interest in lawful money of the United States of America at the Glens Falls National Bank and Trust Company, Glens Falls , New York. Such bonds shall be signed in the name of the Town of Queensbury by its supervisor and sealed with its Corporate seal, attached by its Town Clerk and the interest coupons shall bear the facsimile of its Supervisor. 4. All other matters except as provided herein relating to ' such bonds shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those re- quired by Section 51.00 of the Local Finance Law, as the Super- ,, visor shall determine. 5. It is hereby determined that subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law applies to such object ' or purpose and that the period of usefulness thereof is five years', computed from July 17, 1974, there having been no bond anticipa- tion note or notes issued in anticipation of said bonds. 6. The faith and credit of the Town of Queensbury, Warren ,, County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same become due . and payable. 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds are hereby delegated to the Supervisor, who shall advertise such bonds for sale, con- duct the sale and award the bonds in such manner as he shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of munici- ;; pal bonds. The receipt of the Supervisor shall be a full ac- quittance to the purchaser of sucti bonds who shall not be obliged to see to the application of the purchase money. 8. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was pduly put to a vote on roll call which resulted as follows: �- Daniel Olson, Councilman, voting yes. Robert Barber, Councilman, voting yes. ,o Harold Robillard, Councilman, voting yes. Gordon Streeter, Councilman, voting yes. John Austin, Supervisor, voting yes. The resolution was thereupon declared duly adopted. i f 1 ' STATE OF NEW YORK) SS. : ~; COUNTY OF WARREN ) I, DONALD A. CHASE, Town Clerk of the Town of Queensbury , Warren County, New York, do hereby certify: I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town of . Queensbury,-New York, including the resolution contained therein, held on the 13th, day of June, 1974, with the original thereof on file in my office and that the same is a true and correct transcript there- ,: from and of the whole of said original so far as the same related ito the subject matters therein referred to. I further certify that all members of said Board had due notice of said meeting. In Witness Whereof, I have hereunto set my hand and affixed - the seal of said Town this 17th day of July, 1974. CA YTown Clerk of the Town of Queensbury, Warren County,, New York a jt( i ff 32 rat. RESOLUTION FOR ISSUANCE OF $70, 72.0, 00 BOND ANTICIPATION NOTE OF THE TOWN OF QUEENSBUR7, NEW YORK, FOR PURCHASE OF HIGHWAY EQUIPMENT RESOLUTI0�1 10. 160._, Introduced by ?1r Gorc who moved its adoption, seconded by 'Mr .Robert Barber Be it resolved by the Town Board of the Town of Queensbury, Marren County, New York, as follows : 1. For the purposes of paying the cost of highway equip- ment for the Town of Oueensbury in accordance with proceedings heretofore taken by the Town Board of said Town, there is here_ by authorized to be issued a $70, 720. 00 Bond Anticipation Note of said Town. 2 . Specific reference is hereby made to a resolution en- titled "Resolution for Issuance of $70, 720. 00 Serial Bonds of the Town of Queensbury, New York, for Purchase of Highway Equip- ment, " which resolution was adopted June 13 , 1974, and which resolution authorized the bonds in anticipation of the sale of 1�! which the note hereby authorized is to be issued. 3. The amount of bonds to be issued for the aforesaid object or purpose is $70, 720. 00. Such bonds will be serial bonds . 4. The amount of the Bond Anticipation Note to be issued is $70, 720. 00. Such note shall be dated July 17, 1974, and shall be numbered "l" and shall mature July 17 , 1975, bearing interest at a rate not exceeding five per cent (5°;) per annum, payable at maturity. Such note shall be signed by the Supervisor of said Town and attested by the Town Clerk of said Town; and both principal of and interest on said note shall be payable in law- ful money of the United States of America at the Glens Falls National Bank and Trust Company in Glens Falls, New York. Such note shall be in substantially the .following .form: P Said note shall be payable from the proceeds derived from the sale of said bonds or otherwise redeemed in the manner pro- vided by Section 23. 00, Local Finance Law. The faith and credit -1 of said Town are hereby irrevocably pledge for the payment of said note and interest thereon. S . There are no bond anticipation notes outstanding which have been previously, issued in anticipation of the sale of said bonds . :Neither is the note hereby authorized a renewal note. The period of maturity of such note is herein above set forth. Such note is not issued in anticipation of bonds for an assess- able improvement. 6. The Supervisor of the Town of Queensbury is hereby authorized to sell said note at private sale at not less than par and accrued interest; and when said note shall have been duly executed and sold, the same shall be delivered to the pur- chaser upon payment of the purchase price to the Supervisor and I the receipt of the Supervisor shall be a full acquittance to , i said purchaser who shall not be obliged to see to the applica- tion of the purchase money. 7 . This resolution shall take effect immediately. The question of the foregoing resolution was duly put to a vote on roll call which resulted as follows : Daniel Olson, Councilman, voting yes . Robert Barber, Councilman, voting yes. IT arold Robillard, Councilman, voting yes. Cordon Streeter_ , Councilman, voting; yes. John Austin, Supervisor, voting yes . STATE OF NEW YORK) SS . : COUNTY OF UAZ :E'4 -t I, DONALD CHASE, Clerk of the Town of Queensbury, Warren County, New York, do hereby certify: That I have compared the annexed extract of the minutes of the Town Board of said Town of Queensbiirv, New York, including the resolution contained therein, held on the /3,jday of 1974, with the original thereof on file in my f office and that the same is a true and correct transcript there- . y from and of the whole of said original so far as the same relates to the subject matters therein referred to. I further certify that all members of said Board had due notice of said meeting. In witness whereof, I have hereunto set my hand and affixed the seal of said Town this 17th day of July, 1974. i