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1975-02-18 ion Q �7 Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes : None Absent: None On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk REGULAR MEETING FEBRUARY 14Y, 1975 MEMBERS PRESENT; Gordon S . Streeter-Supervisor Daniel Olson-Councilman Robert Barber-Councilman Harold Robillard-Councilman Hammond Robertson-Councilman J. David Little-Town Counsel PRESS : Sue Burzynski, Lee Coleman, Z^J`1SC, GUESTS : League of Women Voters, Troup - 15 Boys Scouts TOWN 04PLOYEES : Thomas Flaherty, George Liapes , Harold Boynton Meeting Opened: 7 : 30 P.M. BID OPENING- f2 Fuel Oil Notice Shown 7 : 30 P.M. McEnaney Oil Corp. 37.4 per gallon 179 No. Main Ave. Albany, N.Y. Councilman Olson-requested that the bid be rejected and that the Town readvertise for possibly more competitive bidding. . . RESOLUTION TO REJECT FUEL OIL BID OF MCENANEY OIL CORP. AND READVERTISE FOR BIDS ON NUMBER 2 FUEL OIL RESOLUTION N0. 53, introduced by Mr. Daniel Olson who moved its adoption, seconded by Mr. arold Robillard: Tv'TdEREAS, The Town Board of the Town of Queensbury received one bid for number, 2 fuel oil from McEnaney Oil Corp. and 1,7HEREAS, it is the feeling of the board that because of the 57... increase in usage, there is a possibility of more competitive bidding, now therefore be it RESOLVED, that the Town Board of the Town of Queensbury does hereby reject the bid of McEnaney Oil Corporation, and be it further RESOLVED, that the Town of Queensbury readvertise for bids for number 2 fuel oil 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 Number 2 Fuel Oil specifications will be available in the office of the Town Clerh, bids will be re- ceived up to 5 : 00 P.M. on the 11th day of March 1975'at the Town Clerk' s Office, in the Queensbury Town Office Building, Bay...Or�d Haviland Rds. Glens Falls, N.Y. 12801. Bids must be submitted ins O AGUE envelopes marked Number 2 Fuel Oil Bid, and there shall be included with such hid the certificate of non collusion required by section 103D of the General Municipal Law. I SO The Town Board will meet at the Queensbury Town Office Building, at 7 : 30 P.M. on the 11th day of March 1975 at which time the bids will be opened and read aloud. The Town Board reserved the right to reject any or all bids . Duly adopted by the following vote : Ayes : Mr. Olson, ter. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes : None Absent: None BID OPENING-Front End Loader-Water Dept. Notice Shown Schroon Lake Tractors, Inc. (used four wheel front end loader bid) Schroon Lake One (1) John Deere N.Y. 12370 Model JD544B List price $ 35, 693. 00 Allowance on Hough Model HR30 9, 253. 00 Bid Price-F.O. B. Queensbury Water Department Garage, Corinth Rd. , Glens Falls, N.Y. 29,445 . 00 (immediate delivery) Schroon Lake Tractors, Inc. (New four wheel front end loader bid) Schroon Lake One (1) John Deere N.Y. 12570 Model JD544B List Price $ 40, 997. 35 Allowance on Hough Model HR30 5, 019.35 Bid Price F.O.B. Queensbury Water Dept. Garage, Corinth Road Glens Falls, N.Y. 32, 973. 00 (immediate delivery) L. B. Smith Inc. 330 So. Pearl St. Albany, N.Y. 12201 No bid Pettit Equipment, Inc. Massey Ferguson 44B 2yd wheel loader Rt. 50 (new) 27, 734. 94 Ballston Spa, New York 12020 less-for Hough HR30 1, 000. 00 Bid price 26, 784. 94 (delivery 10 days from award of bid) State Equipment New Hough Payloader Albany-Schenectady Rd. Albany, New York 12205 Price F.O.B. Town of Queensbury, Glens Falls, New York, includUg,.:, your trade (one) Hough payloader, Model HR-30, for net difference of $35 ,512. 00 (Ready for delivery) Bebout Ford Tractor, Inc. Ford Four Wheel Drive Loader 978 Albany Shaker Rd. Model A64 Latham, N.Y. 12110 Price 42, 251. 00 2`80 less Municipal Discount $ 5, 196. 00 Net price 37, 055. 00 Trade Allowance, 1953 Hough 6, 660. 00 Delivered price 30, 395. 00 (Delivery 60 days after receipt of purchase Order) Burley Machinery, Inc. New Michigan Model 45B tractor Shovel -, 42A Morris Lane Elnora, N.Y. 12065 Price F.O.B. $ 39 , 675 . 00 less trade for Used hough 3, 698. 00 Net Price 35, 977.00 (Delivery 8 weeks) (ALL BIDS WERE SUBMITTED WITH NON-COLLUSIVE BIDDING CERTIFICATIO14 ATTACHED) Supervisor Streeter-The bids will be turned over to Thomas Flaherty for his consideration. . . Welcomed Boy Scout Troup 15 of Harrisena. . . Leader Mr. Dickinson MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARMENT OF ENVIRONMENTAL COlSERVATION OF THE STATE OF NEW YORK A1`4D THE TOWN OF QUEENSBURY FOR THE PERIOD OF JANUARY 1, 1975 TO DECEMBER 31, 1975 RESOLUTION N0._ Introduced by Mr. Gordon Streeter who moved its adoption, seconded by Mr. Hammond 1obertson: WHEREAS the Department of Environmental Conservation of the State of New York is responsible for the protection of the water resources of certain classified waters in New York State as set forth in Part III-A of Article V of the Conservation Law and, WHEREAS this Memorandum of Understanding between the Department of Environmental Conservation of the State of New York and the Town of Queensbury establishes an agreement of cooperation between the parties hereinafter mentioned for the administration of this responsibility in- so far as the Town is concerned, THEREFORE, BE IT RESOLVED that the Town Supervisor is hereby empowered to sign the attached Memorandum of Understanding; in behalf of the Town of Queens- bury, and be it further RESOLVED, that this Memorandum of Understanding shall take effect immediately upon its acceptance by the Department of Environmental Conservation. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes : None Absent: _lone 2 T he entire memorandum will be on file in the Town Clerk' s Office) r. Robert Guyett-requested that such contracts with the State re: Environmental Conservation be brought before the Queensbury Conservation Advisory Counsel-also requested a copy of the Contract. . . Supervisor Streeter acknowledged his request. . . RESOLUTION TO SET PUBLIC HEARING ON PROPOSED PARKING ORDINANCE RESOLUTION NO. 55 Introduced by Mr. Harold Robillard who moved its adoption, seconded by Mr. Daniel Olson: 281 �THEREAS , divers and numerous complaints have been received by the Town Board of the Town of Queensbury from residents, fire officials and police agencies calling attention to the hazardous condition created by the parking of motor vehicles on both sides of Round Pond Road at or near the Glens Falls Country Club, and 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 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 TiiEREFORE, BE IT RESOLVED that a public hearing on the following proposed parking ordinance be held on the 11th day of March, 1975 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 and in general describing said proposed ordinance. ORDINANCE TO ESTABLISH A NO-PARKING ZONE ON THE SOUTHERLY SIDE OF ROUND POND ROAD BETWEEN COUNTRY CLUB ROAD AND LAND OF SALVATORE RUSSO BE IT ENACTED AND ORDAINED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, 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 southerly side of Round Pond Road in the Town of Queensbury, Warren County, New York between the Country Club Road and the easterly line of lands of Salvatore Russo and the westerly lime of lands of the Glens Falls Country Club in the Town of Queensbury. Section 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 he 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 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 T110 (2) nor more than TEN (10) days. The third or any subsequepit 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 pro- per action, suit or proceeding to prevent, restrain, correct or abate any violation of this ordinance. Section 5. This ordinance shall take effect immediately. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes : None Absent: None RESOLUTION REGARDING HOME RULE MESSAGE RESOLUTION NO. 56 Introduced by Mr. Hammorid Robertson who moved its adoption, seconded by Mr.Robert Barber: 8 v711EREAS the Town Board of the Town of Queensbury, Warren County, New `pork desi--res to have special legislation adopted and passed as law by the State of New York and the legislature thereof, and WHEREAS, the title of such special law is as follows : "AN ACT to legalize, validate, ratify and confirm the consolidation in nineteen hundred seventy-three of certain special improvement districts in the Town of Queensbury, Warren,County, certain assessments levied in connection therewith and other actions and proceedings had and taken by the town board of said town upon the belief that said consolidation was valid. " and WHEREAS, THE Town Board has been informed a Home Rule Message is required for the introduction and passage of the aforesaid special legislation, NOW THEREFORE BE IT RESOLVED That a home rule message in the form annexed hereto and designated as Exhibit A be forwarded to the New York State Legislature. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes : None Absent: None Resolution regarding Junk Yard Licenses was tabled until the next regular meeting. . . RESOLUTION FOR BUS SERVICE PERMIT RESOLUTION NO, 51d. Introduced by Mr.Gordon Streeter who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS , EDWARD ROSA of 21 Pine Street, Hudson Falls , New York has requested permission to conduct a bus service in the Town of Q ueensbur y, which service requires municipal a pp roval prior to securing —'� a permit from the Department of Transportation of the State of New York, and WHEREAS, the Town Board of the Town of Queensbury has considered the benefits to be derived by said Town and the inhabitants from the maintenance and operation of a bus transportation system in said Town, NGU THEREFORE BE IT RESOLVED, that Edward Rosa of 21 Pine Street, Hudson Falls , New York, his successors and assigns are hereby granted the right, privilege and authority to maintain and operate a bus transportation system conveying; passengers for hire within the limits of said Town of Queensbury and for said purpose there is hereby granted to said grantee, the right, permission and authority to operate its buses upon, .over, across and along the streets, avenues, alleys, bridges , and places of said Town provided, however, that he shall furnish the Town of Queensbury with satisfactory evidence of insurance coverage for public liability, personal injury and property damage in limits of not less than $500, 000/$1, 000,000/$50, 000 and further provided that he shall conform to all limitations provided by law and that the Town of Queensbury reserves . the right to alter or amend the permission hereby given in any manner necessary for the safety or welfare of the public or to protect the public interests including the filing of a bond or the execution of such formal contracts as said Town of Queens- bury may require and the adoption of such ordinances pertaining there- to as may be necessary and appropriate. Duly adopted by the following vote: Ayes : Mr. Olson, Tyr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes : Hone Absent: none Councilman Robertson-Is this permit revocable? Town Counsel-Yes. 283 Councilman Barber-D.O.T, is the governing authority. . . . Supervisor Streeter -announced meeting of SPCA at 7 : 30 P.M. on Harch 4, 1975 at the Queensbury Town Office Building. . . CO1271UNICATIONS: -Letter from N.Y. State Bicentennial Commission-the Town' s application for "Bicentennial Community status has been approved. . . -Letter from N.Y. State of Environmental Conservation re:enforcement of local laws -Memorandum from Office of Local"l Government re: temporary restraining order preventing enforcement of Federal Fair Labor Standards Act of 1974. . . -- -Letter from James J. Ryan Associate Counsel for Office of Local Government- re: description of a County Refuse Administrator. . . -Letter from Pars. Jacqueline K. Saxes-League of Women Voters-listed names of women from the League that would be interested in serving the town on the Zoning Board of Appeals if a, vacancy should occur. . . al-so recommends that the Town Should- r tncea*the size of the Zoning Board of Appeals -Letter from Peter J. Cartier of Ridge Road re : Town Landfill -Received Change Order No. 1 for Contract No. 16A-Electrical Work- referred to Councilman Robertson. . . -Letter State of N.Y. Dept. 6f Health re : Public Water Supply Inspection of Shore Colony-inspected on September 11, 1974. . . inspection of the physical appurtenances pertaining to this water system indicate that these facilities are well operated and maintained. REPORTS : -Justice Court Fund-read and on file-January 1975 -Dog Warden' s Monthly Report - January 1975 read on placed on file. . . -Annual Report 1974 of the Cemetery Commission read and placed on file. . . t Annual'-Rep o t 74--- Cemetery Commission of Queensbury Balance January 2, 1974 $ 9168. 32 Receipts : Sale of Lots $ 9, 320. 00 Interments 7 ,410. 00 Foundations 1,350. 00 Vault Rent 150. 00 Investment Income-Interest 2 ,877. 50 Insurance recovery 310. 00 Sale of Property-Quaker Rd. 15 ,250. 25 , 667. 75 Dusbursements : Supervisor, Town of Queensbury 75% Sale of lots 5, 715. 00 662/3% Sale of lots 1, 133. 23 Interments 7,410. 00 Foundations 1, 350. 00 Insurance recovery 310. 00 Vault Rent 150. 00 Purchased 2511 Federal Land Bond 25 ,021. 95 $41, 090. 23 Balance Bank 1-2-75 Dep. Z $4,694. 60 51. 24 $ 4,745 . 04 Investments as of January 1, 1975 $ 1000. 00 Central New York Power Corp. Bond 1000. 00 General Motors Acceptance Corp. Bond 28 1, 000: 00' General Motors Acceptance Corp. Bond 10, 000. 00 Detroit Edison Co. Mrtg. Bond 10, 000. 00 Philadelphia Electric Co. Mrtg. Bond 5 ,000. 00 Philadelphia Electric Co. 11rtg. Bond 10,000. 00 Pacific Tel. & Tel. Bond 25, 000. 00 Federal Land Bank Bond 1-1-74 13, 073. 29 Premium Svgs. Acct. 1st National Bank of GF 1-1-74 10, 3234. 56 Super Svgs. Acct. Glens Falls Natl. Bank of G.F. 12-31-74 13, 312.41 Premium Svgs. Acct. 1st national Bank of G.F. 12-31-74 11,499. 93 Super Svgs. Acct. Glens Falls Nall. Bank of G.F. 739. 12 Interest earned 1st Natl '. Bank 1974 61 . 37 Interest earned Glens Falls natl Bank 1974 Respectfully Submitted, /s/ Robert L. Edwards, Traasurer Supervisor Streeter-noted receiving a letter from Robert Eddy re: the help Councilman Olson has given the Beautification Committee. . . -Annual Report for 1974 of the Queensbury Committee for Community Beauti- fication ------------------------------------------------------------------------ Involvement in beautification plans of applicants for variances and spec- ial Use Permits and preparation for study of the Town Ordinance for signs were the special items of burliness during 1974. "Yard Beautiful of the Fortnight" was conducted in nine election districts which was the fifth year of this residential award program. The committee considered beautification plans for fourteen commercial applicants for variances and special use permits during the year. Two firms - one commercial and one industrial-were recognized by present- ation of framed certificates. Two Town entrance signs were purchased _ from the committee' s budget. One of the most important developments in the Town in 1974 was the appointment of the Environmental Advisory Council which the committee has urged for some time. The committee came--to the conclusion during the year that the greatest improvement>:in the Town' s business district is in the planting of trees, especially along the highways to break up the "asphalt jungle" effect. This was accomplished along the west side of Upper Glen Street in 1974 with the planting of trees in late fall in front of Glen Square Shopping Plaza, so that maples are now in place from new Aviation Road to the former Frasier Car Wash. A large maple tree in front of Chase Manhattan Bank was saved at the insistance of the committee. There is little space on the east side of Route 9 for trees , but it is hoped a few can be planted near Quaker Road intereection. Even with tile weakness of the present zoning ordinance, there was one partial success , but when the construction is completed in ' 75 the mea- sure of success will be better known. This has to do with the applica- tion for the Pizza Hut and Long John Silver Restaurants on Lake George oad. 'fhe finest planting presentation the committee has received was made by Leavor and Anthony on behalf of the applicant. The plans in- cluded a 15 foot natural buffer zone on either side and a 50 foot planted and natural buffer zone at the rear and south side abutting a residential zone. After negotiations were concluded with the owners , the committee chairman met with the neighbors in the residential zone and was able to satisfy them that the best that could be done to safe- guard their properties had been accomplished in the plans. The chairman attended most of the Planning Board sessions with our Planning Consultant. At the October meeting Mrs. Thomas Curran substituted for the chairman and at the December session four out of the six members of the committee attended the Planning Hoard wrap-up for the year. At that meeting Planning Board Chairman J. Arthur Norton , appointed an ad hoc sign ordinance revision committee with the Beautification Committee 285 Chairman being named as one of the six members of that special committee. In nine months during the past year the Beautification Committee Chair- man presented 20 slide programs pitched to Community Beautification to service clubs and garden clubs from Troy to Warrensburg, several of which were given locally. The purpose was to publicize what Queensbury is attempting, create rivalry among the different communities and to get ideas that can be used in the Town. One of the programs arranged is now available purely on Community Beau- tification projects locally, in Eastern North America and England where the chairman has traveled extensively. The committee refrains from bragging about improved appearance in Queens- bury business district since the committee was first appointed in 1966, but it is taking solace in the fact that it might have been much worse, without its efforts. Respectfully submitted, /s/ Robert L. Eddy Chairman Town Clerk" s Report from the month of January 1975 was read and placed on file. . . . -The Building & Zoning Report from the month of January 1975 was read and placed on file. . . . Supervisor Streeter-Requested interested persons in the Town of Queensbury to,..co4tract him in regard to the possibility of Off-Track Betting in the County: . .although Mr. Streeter noted that he personally did not approve of Off-Track Betting he would do as the people requested. . . . Mr. Streeter noted .that he has explored the pro' s and con' s and that in, ,hib peeting with the Warren Co. Board of Supervisors was going to push fQr a referendum so that all the people in the Towns could be heard. . . -- Meeting Opened to the Public: ;4 : TAe- Bo;y,, Scputs Of American Troup 15 were again welcomed by the Supervisor. The_ lea' 4r.Mr. Dickinson noted that the boys were required to see their government in work to achieve their Merit Badge and Skill Award. . . P.ESOLUTION TO APPROVE AUDIT OF BILLS t; SO U1tON NO. 58 Introduced by Mr. Hammond Robertson who moved its a ,option, , seconded by Mr. Harold Robillard: RESOLVED, that the Audit of Bills as listed in Abstract No. 75-2A and numbered 118-236 and totaling $190,137.40 is hereby approved. Duly 44op.ted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter foes: None Absent: None On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk s w 3