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1975-02-25 286 REGULAR MEETING FEBRUARY 25, 1975 MEMBERS PRESENT: Gordon S. Streeter- Supervisor Daniel Olson- Councilman Robert Barber- Councilman Harold Robillard- Councilman J. David Little- Town Counsel MEMBER ABSENT: Hammond Robertson- Councilman PRESS: Sue Barzynsk . Lee Coleman, GUESTS: Mr. Cyrus Woodbury, Mr. Cowen, Mr. Murray, Mr. Kubricky, Mr. & Mrs. Robert Monahan, Rep. from League of Women Voters, Rep. from Schroon Lake Tractor Company, Lynn Chase TOWN EMPLOYEES: Ralph VanDusen, Robert Lilly, Ray Buckley Meeting Opened 7: 30 P.M. Salute to the Flag. RESOLUTION SETTING PUBLIC HEARING TO REZONE PROPERTY OF L. H. KUBRICKY AND OTHERS RESOLUTION NO. 59, Introduced by Mr. Daniel Olson who moved its adoption, secon e y r. arold Robillard: WHEREAS, an application has been made by L.H. Kubricky, Joan Kubricky, and John Kubricky & Sons, Inc. for a rezoning of properties in the Town of Queansbury, Warren County, New York hereinafter described in Schedules A, B, €3, D, E and F from an R-4 and M-1 classification to an M-2 classification, and WHEREAS the Zoning Ordinance of the Town of Queensbury, Section 11.100 and the Town Law of the State of New York Section 264 and 265 provide that any proposed amendment or change in the Zoning Ordinance of the Town be re- ferred to the Planning Board of the Town of Queensbury and the Warren County Planning Board, and a public hearing be therein, and WHEREAS the within application has been referred to the respective planning boards each of whom have issued their report to the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that a public hearing on such application be held by the Town Board of the Town of Queensbury on Tuesday, March 11, 1975 at 7:30 P.M. D.S.T. at the Town Office Building, Bay and Haviland Roads in said Town, and that notice thereof be published at least ten (10) days in advance thereof in the offical town newspaper, and it is RESOLVED, that property owners within five hundred (500) feet of the subject property bennotified of the hearingbbe notified in writing as required by law. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter Noes: None Absette: Mr. Robertson Councilman Robillard-This has already been approved by the Glens Falls Planning Beard, the Queensbury Planning Board and the Warren County Planning Board and recommendations from the Queensbury Beautification Committee. . . Councilman Barber-I as an individual and I as a President of Sperry Trucks as the previous owner of the property in question would like to state at this time that eigher I as the President of that corporation or as an individual have no further continuing interest in this particular piece of property. I would also like to have it noted for the record that at no timeewas their any stipulation in the sale of this property contigent on the rezoning of the pro- perty. The sale was climaxed prior to 4hy application for rezoning to the Town. Supervisor Streeter-As a matter of record not being required by law to do this 287 but feeligg a moral obligation to do so I declare my wife Leola R. Streeter is a Secretary of the applicant c%voration. Councilman Barber-I would like to note for the record that I have spent a great deal of time with our Town Counsel as well as the Attorney General's Office and with various other departments of the State of New York in my capacity as Town Board member in relationship to this particular item and because I do not have any continuing further interest .in this particular piece of property nor was their any stipulation in the sale contingent on re- zoning I therefore can and will vote on this motion. RESOLUTION TO ISSUE JUNK YARD LICENSES FOR CALENDAR YEAR 1975 . RESOLUTION NO.o 60 Introduced by Mr. Harold Robillard who moved its adopt ff` n eocondee'd by Mr. Robert Barber: WHEREAS, the following applicants have made application to the Town Board of tho ,1own of Queensbury for the renewal of their Junk Yard Licen*** Xwr==the year 1975, and said applicants have been accompanied by the proper license fee of $25. 00 in accordance withteheQQueensbury Junk,Yard Owdincnee as adopted on .Tune 9, 1966. ADDRESS How Ladd R.D.#2 Glens Falls, N.Y. Manfto's : ,tto Parts R.D.#3 Luzern Rd. , Glens Falls, N.Y. Clinton Mosher Pasco Ave. , Glens Falls, N.Y. WHEREAS, the applicants have agreed to comply with all of the provisions of said ordinance, subject to certain conditions therefore be it RESOLVED, that the renewal of the Junk Yard Licenses of the above listed applicants for. the calendar year. 1975, be and the same are hereby approved. RESOLVED, that the Supervisor is hereby authorized and directed to issue said renewal licenses and deposit the fees in the General Fund of the Town. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter. Noes: None. Absent: Mr. Robertson. RESOLUTION TO ADVERTISE FOR BIDS FOR COMMERCIAL LIQUID ALUMINUM SULFATE AND LIQUID CAUSTIC ,SODA ,$MOLUTION -itii0. Introduced by Mr. Streeter who moved its adoption seconded by Mr. Olson. WHEREAS, Thomas Flaherty, Tcn' Water Superintendent has recommended to the Bow that we purchase Commercial Liquid Aluminum Sulfate and Liquid Caustic Soda for the Filtration Plant,. therefore be it RESOLVED, that the Town of Queensbury solicit sealed bids for the purchase .;the above listed items and that the following notice 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 proposals for ehmmercial Liquid Aluminum Sulfate ,—and Liquid Caustic .Soda for the Water Filtration Plant. . A copy of the . specifications will be available in the Town Clerk's Office. Bids will be received up to 5:00 P.M. on the 11th day of March, L975 at the Town Clerk's Office in the Queensbury Town Office Building, Bay and Haviland Roads, Glens Falls , New York, 12801. . Bids must be submitted in sealed OPAQUE envelopes plainly marked COMMERCIAL LIQUID ALUMINUM SULFATE and LIQUID CAUSTIC SODA and there shall be included with such bill the certificate of Non-Collusion required by Section 103D of the General Municipal Law and the bidder must stats,(the approximate date of delivery. The Town Board will meet at the Queensbury Torn 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 reserves the right to reject any or all bids. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter. Noes: N one. Absent: Mr. Robertson. RESOLUTION TO ACCEPT DEED FOR TOWN HIGHWAY RESOLUTION NO , Introduced by Mr. Barber, who moved its adoption seconded y Mr. Olson. WHEREAS, Dean H. Howland has executed and offered a deed for Town - roadways not less than fifty feet in width which is described in Schedule "A" attached hereto and made a part hereof, and WHEREAS, Carl A. Garb, Superintendent of Highways has advised that he recommends to this Board that it accept this land for highway purposes into the Town Highway System, and WHEREAS, the deed has been approved by J. David Little, Esq. colmsel to the Board, NOW, THEREFORE BE IT RESOLVED, that the aforementioned deed be and the sae hereby is accepted and approved and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clock's Office after which said deed shall be properly filed in the office of the Town Clerk, and be it further *> RESOLVED, that these new roads are hereby added to the official inventory of Town highways and described as follows: ROAD NUMBER: 333 and 326 DESCRIPTLON: Knolls Rd. North-From Ridge Road Westerly to Dead End. Jennifer Lane-Knolls Road North-South to Turn around. NAME: Knolls Road North Jennifer Lane MILEAGE: .24 miles . 04 miles Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter Noes : None Absent: Mr. Robertson RESOLUTION TO ATTEND CONFERENCE RESOLUTION NO. 63 Introduced by Mr. Streeter who moved its adoption seconded by Mr. Robillard. RESOLVED, that two members of the Queensbury Water .Department bw authorized to attend the American Water Works Association Management Seminar to be held March 3,4 and 5th, 1975 at Albany, New York, and be it further RESOLVED, that the actual and necessary expenses of such attendance is a proper :town charge. Duly adtopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter. Noes: None. Absent: Mr. Robertson. CAPITAL NOTE RESOLUTION RESOLUTION NO. 64, Introduced by Mr. Daniel Olson who moved its adoption seconded by Mr. Harold Robillard: 289 RESOLUTION FOR THE ISSUANCE OF CAPITAL NOTES TO -FINANCE THE QUEENSBURY HIGHWAY & POLICE DEPARTMENT BUILDING WHEREAS, the Town Board of the Town of Queensbury, New York, after due public notice, by a resolution dated January 31, 1974 pursuant to Section 142 of the Highway Law and Article 6 of the Town Law resolved that a special° elbction or referendum be held to determine whether a proposition to construct a building for use by the Town Highway Department, and WHEREAS, a referendum was held pursuant thereto on February 28, 1974 at which time said proposition was passed and thereafter contracts for the erection of such building were let to bidders, are as required by law, and WHEREAS, part of the cost of the aforementioned improvement was to be paid --from revenue sharing funds and from the sale of the present Highway Depart- ment Builds d lands and from proceeds of obligations issued pursuant to the Local Finance Law NOW THEREFORE, BE IT RESOLVED, �3 r 1. � 'Thd specific object or purpose for which obligations are to be issued pxirouaut to this resolution to finance the cost of current expenses of the Queensbury Highway & Police Department Building. 2. 1fiie maximum cost of such current expenses and the plan of financing are as follows: By the issuance of the capital note in the amount of $70,000. 00, pursuant to this resolution-."' 3. The following determinations are hereby made: (a) The period of probable usefulness of such building and improvements is thirty (30) years. (b) The subdivisions of paragraph "a" of Section 11:00 of the Local Finance Law which is applicable in the circumstance is Section 11. (c) That the proposed maturity of the obligations authorized by this resolution will not be in excess of one (1) year. 4. That the Town of Queensbury issue its capital note in the amount of $70,000. 00 to finance such cost in accordance with the capital plan above set forth. Such note to be dated as of the date of such borrowing, and the power to fix and determine the exact date of such note is hereby delegated _to the supervisor. 5. Such capital note shall be numbered 1 and shall mature in 1976. The power to fix and determine the date upon which such note shall become due and payable is hereby delegated to the supervisor. The note shall be issued in bearer form, shall not contain a power to convert to registered form and shall bear interest at a rate not exceeding 44 percent per annum annually. Such note shall be in substantially the following form. UNITED STATES OF AMERICA STATE OF NEW YORK No. 1 County of Warren $70,000.00 Town of Queensbury Capital Note of 1975 The Town of Queensbury in the County of Warren, a municipality of ;the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the bearer of this note $70,000.00 on the 26th day of February, 1976 together with interest thereon from the date hereof at the rate of 4%70 Oet `A4num, payable annually. Both principal of and interest on this note %411"be paid in larsful money of the United States of America. This note may not be converted to registered form. This note is the only note of an authorized issue in the amount of $70,000. 00. This note is issued pursuant to provisions entitled "Capital Note Resolution" duly adopted by the Town Board of such Town of Queensbury on February 25, 1975. The faith and credit of such Town of Queensbury are hereby irrevocable pledged for• the punctual payment of the principal of and interest on this note according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to 290 exist, to have happened and to have been performed pprecendent to and in the issuance of this note, exist have happened and hAve been performed, and that this note, together with all other indebtedness of such Town of Queensbury, is within every debt and other limit prescribed by the Consti- tution and laws of such State. IN WITNESS WHEREOF, the Town of Queensbury, New York, has caused this note to be signed by its Supervisor, and its corporate seal to bay hereunto affixed and attested by its Town Clerk and this note to be dated as of- the 25th day of February, 1975. Town of Queensbury, New York (Town Seal) BY: is Supervisor ATTEST: Town Clerk 6. The Supervisor is hereby delegated the power to prepare such note and to sell such note at private sale at not less than par and accrued interest, and at such sale to fix the interest rate to be borne by such note within the limitations as set forth in this resolution. The Supervisor shall deliver such note to the purchaser thereof only against cash or certified check. The proceeds of the sale of the note shall be deposited in the Town of Queensbury Highway and Police ,:Building Fund account. The powers delegated to the Supervisor of this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 7. This resolution shall take affect immediately.. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter Noes: None Absett: Mr. Robertson y February 25, 1975 Mr. Donald Chase Purchasing Agent Queensbury Town Board Dear Don: I have reviewed the bids received for the purchase of a new current model or used with less than 200 hours, 4 whe&l loader, for use by the water department. I find that the bid of Pettit Equipment, Inc. of one new current model Massey Ferguson MF 44B Loader fails to meet the specifications. 1. Rated housepower 2. Rated displacement The bid of Schroon Lake Tractors, Inc. for one used current model John Deere 4 wheel drive loader with less than 170 hours is the lowest submttal, meeting all specifications. Therefore, it is my recommendation that the bid of Schroon Lake Tractor Inc. be accepted. J Very truly yours, /s/ r: Thomas K. Flaherty, C.E.T. TKF/jdv Water Superintendent RESOLUTION TO ACCEPT BID ON FOUR WHEEL DRIVE LOADER -WATER DEPT.. RESOLUTION NO. 65 Introduced by Mr. Daniel Olson who moved its adoption, seconded y Mr. Harold Robillard: 291 WHEREAS, Thomas K. Flaherty, Water Superintendent for the Town of Queensbury requested that - the .Town Board advertise for bids for a (four wheel drive loader either a new model or a used model with less than 200 hours, 'and WHEREAS, the Town Board of the Town of Queensbury did advertise for bids on the Four wheel drive loader and did receive several bids for both new and used loaders, and WHEREAS, upon recommendation of the Water Superintendent, Thomas K. Flaherty iri° which he found that- the .bid of Pettit Equipment Inc. of one new current model .Massey Ferguson MF 441 Loader fails to meet the specifiations because of rated horsepower and rated displacement, and WHEREAS, Thomas Flaherty, Water Superintendent does recommend the bid ---of Schfoeh Lake T ctors for one use current model John.Deere 4 wheel drive loadsr�with ess than 170 hours is the lowest submittal, meeting all specifications, now therefore be it RESOLVEDIc that the Town Board of the Town of .Queensbury accept the bid of Schroon Lake Tractors inc. at a cost of $38,698.00 list price and an allowance on Hough Model HR30 9,253.00 F.O.B. Bid price being $29,445.00, with im�ediate delivery. Duly adopted by the following vote: Ayes:'r Mr: Olson, Mr. Barber, Mr. Robillard, Mr. Streeter Noes None Absent: Mr > Robertson February 2, 1975 Mr. Gordon -Streeter Supervisor Town of Queensbury Town Office Building Bay &.1aavilsand Roads Glees Falis, New York 12801 Dear Gordoal I have realized that my appointment for a five year term as a commissioner on- the Zoning Board of Appeals has expired. I do not s*ek reappointment. I find that my business committments have increased over the last year and find that I am traveling much more, and at times unable to five the position the attendance that it deserves. It has been a real pleasure for me to serve the Town of Queensbury on this particular post and certainly hold myself available to serve the Town of Queensbury at some time in the future. I certainly want to wish you best of success in your new position as Town Supervisor. Sincerely, /s/ Charles T. Hutton. Supervisor- Streeter-accepted the resignation with regret. . . not�,­(th&t- the Board has. recommendations to fill the vacancy from the League of Women Voters and others, an anouncement as to who will fill this ,vacancy will be in the near future. -Public Information Meeting on the Land Use_ Program will be held March 18, 1975 at 7: 30 P.M. -S.P.C.A. Meeting March 4, 1975 at 7:30 P.M. Town Office Building -J. David Little-Will attend Seminar on negotiations process between Municipalities and employees on Thursday at A.C.C. -Police Report for the Month of January 1975 was read and placed on file. -Supervisor Streeter-Wished Sue Burzynski well and thanked her for her cooperation in reporting the news for the Town. . . * (Tri County News) Open Forum: The Board was addressed by Cyrus Woodbury of the Lake George Park' Conamission and Ray E. Cowen of ENCON. Their topic was how the U. S. Army Corps of Engineers was declaring Lake George as a"Federal Waterway". Mr. Cowen explained to the Board that the Army Corps of Engineers has extensive rules and regulations for construction of docks etc. near ,a "Federal Waterway". He indicated that the lake had already been declared -- a federal waterwayand the corps could start enforcing the rule&.,and• regulations this summer. Mr. Woodbury told the Board that declarationof the 31 mile lake a federal waterway stemmed from an extensive oil spill on the lake two years ago. Mr. Woodbury explained that when the state_ called ENCON in to clean up . the mess and fine the offender, it was held then that the lake was a federal waterway. � Councilman Barber stated that the Corps of Engineers rules and reguiations would just be another agency having jurisdiction over the lake. He slid the present agencies and commissions do a fine job of regulating and-controlling matters concerned with the lake. Mr. Cowen noted that the Corps of Engineers will conduct an: informational meeting in the area in early May. He noted that no public hearing was required before the lake was declared a "Federal Waterway". He also noted that existing docks will not have to conform to the corps regulations but new construction will. He even mentioned the possibility of the corps deploying Coast Guard Cutters to the lake. RESOLUTION OBJECTING TO NAMING LAKE GEORGE AS A FEDERAL WATERWAY 'SOLUTION NO. 66, introduced by Mr. Barber who moved its adoption,, seconded by Mr. Robillard. WHEREAS, the Town Board of the Town of Queensbury hereby objects to the naming of Lake George as a "Federal Waterway", IMV, THEREFORE BE IT � J RESOLVED, that Gordon S. Streeter, Town and County Supervisor for the Town of Queensbury is empowered by the Town Board to let it be known that the Town Board of the Town of Queensbury hereby vehemently objects to the naming of Lake George as a "Federal Waterway". and be it.-further RESOLVED, that copies of this resolution be forwardedtto the following: Senator James Buckley and Senator Jacob Javits,• State Senator bald Stafford, Congressman Ned Pattison, and Assemblyman Gerald B. Solomon. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter. Noes: None. Absent: Mr. Robertson. Mr. Lynn Chase criticized the Town' s Building Inspector's report to the paper. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 67, introduced by Mr. Olson who moved its adoption seoon etc by Mr. Robillard. i RESOLVED , that the Audit of Bills ass listed in Abstract No. 75-29::>. and numbered 287 through 288 and totaling $ 6350.99 is herebg, approv" Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter. Noes: None. Absent: Mr. Robertson. On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk