Loading...
1975-03-25 303 to the Town Board recommending approval of the application, and WHEREAS the Town Board has a master plan for the development of the Town of Queensbury as a whole and is presently in 'the process of updating the master plan and both the existing and proposed master plans demonstrate .the suitability and advisability of the requested rezoning and it is consistent with the long range plans for development of the Town of Queensbury, and WHEREAS a public hearing was held pursuant to notice duly given and published as required by law, in the Town Office Building on Tuesday March 11, 1975, at which hearing all persons desiring to be heard both in favor.,ead opposition to said purposed rezoning were given an opportunity to be heard and thereafter said public hearing was closed, NOW THEREFORE, be it RESOLVE,Dtat the aforementioned property be and the same is hereby rezoned J;p7* an .R74 and M-1 zoning classification to an M-2 zoning classification, and be it further RF,.�Qi,VED, that the necessary changes be made on the Zoning and Depart- ment mapp of the Town of Queensbury so as to indicate said property as be*ng located in a M-2 district and classification as defined and regulated pursuant to the provisions of the .Zoning Ordinance of the Town of Quensbury, as amended, and be it further RESOLVED, that the Town Clerk be and he hereby is authorized and directed to give the necessary notice of such change of zoning to the departments and agencies having jurisdiction of the matter. Duly.. adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robertson, Mr. Streeter Noes : None Absent: Mr. Robillard (The above mentioned Schedules are on file in the Town Clerk' s Office.) REGULAR MEETING MARCH 25, 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: 4udy Collins, Norman M3aatvedt, Lee Coleman GUESTS : League of Women Voters, Mr. Turner, Mr. Tucker, Mr. Kestner, Mr. Maille TOWN EMPLOYEES: Thomas Flaherty, Harold Boynton, George Liapes, Ray Buckley, Carl Garb COUNTY-Lloyd Demboski Meeting Opened: 7:32P.M. MOBILE HOME APPLICATION John raves-Haviland Road, Glens Falls, N.Y. -mobile home location Carl A. Covell property Haviland Road -One year permit. . . hardship shown. . .renewal permit. . . The Building Dept. recommended approval. Supervi,so,r "Streeter-noted no public hearing will have to be held. . . No one 'spoke for or against the one year permit. . . Councilman Robertson-Has there been a mobile home at that location for some time? This is not the first one year extension. . . Supervisor Streeter-Yes. . . RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION NO. 78, Introduced by Mr. Robert Barber who moved its adoption, seconded y r. Harold Robillard: WHEREAS, John Graves of Haviland Road, Glens Falls, N.Y, has made -application 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 court at property situated at Haviland Road, Glens Falls, N.Y. , and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to authorize the issuance of the permit requestecF 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` ltogd, Glens Falls, N.Y. to locate a mobile home outside of a licensed•''mobfl..e home court for a period of one year at property situated at Haviland Road,� `Clens Falls, N.Y. , Town of Queensbury, 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. Robillatd, Mr. Robertson, Mr. Streeter Noes: None Absent: None MOBILE HOME APPLICATION John Edward Einzig-R.D.#2 Glens Falls, N.Y. -mobile home location William W. Maille property R.D.#3 Luzerne Road-Hardship shown. . . Building Dept. recommended approval. . . Mr. Einzig was present. . . this is an existing trailor but change of occupant. . . qty No one spoke against the application. . . Councilman Olson-questioned lease or contract Town Counsel-yes. . .the Town should have a copy of the lease or contract Mr. Einzig-will concur. . . RESOLUTION TO AUTHORIZE PUBLIC HEARING SOLUTION NO. 79, Introduced by Mr. Daniel Olson who moved its adoption, seconded by Mr.-Hammond Robertson: WHEREAS, John Edward Einzig has made application in accordance with paragraph 2 (c) 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 at property situated at Luzerne Road West Glens Falls, and WHEREAS, it is hereby determined that said application complies with the requirements of said ordinance, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to Justify further consideration by this board, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, the town board shall conduct a public hearing on said application on April 22, 1975 at 7:30 P.M. in the Queensbury Town Office Building, Bay Road, and that the Town •Clerk is hereby authorized and directed 'to gibe' 3b5 proper notice of said public hearing in accordance with the provisions of said ordinance. Duly adopted by the following vote: Ayes: Mr. 'Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes _ None Absent'.„ Nbne DISCUSSION-Water Rates Councilman Robertson-Chairman of the Water Committee-Noted that for the past five years the operating expenses (labor-materials to purify the water-maintenance materials-salaries .ect.) has increased at a faster 1 . rate t �w;0he operating revenue derived from Water Rents, . .to make up the difference (excess of cost for operating) have been made up by budgete►ry means and been carried over to the tax rate for the following year. . .The last two-,years we have been criazed by Audit and Control for failure to change the rates to bring operating revenues in line with operating costs. . . Two years ago the operating budget was deficient by some 20,000 dollars. . . last yaar ,tt was deficient some 40,000 dollars. . .with the new water plant the additional round the clock operators. . .an increased power bill. . . additional chemical costs ect. all these will dictate more of a deficiency that Audit and Control or anyone can tol;erate. . .from the stand point of good sound budgetary action. . . rates must be changed. . . UNKNOWN: If a person ownes a home but does not useithe home in the summer months and is on a 'meter will they still pay the minimum? COUNCILMAN ROBERTSON: Yes. . . PLINLY TUCKER: How was the deficiency made up? COUNCILMAN ROBERTSON: It was made part of the tax rate of the water district. PLINEY TUCKER: Audit And Control requested that the rates be made more realistic was there any other complaints such as the operation of the water department by Audit and Control? SUPERVISOR STREETER- noted that Audit and Control did not dictate the increased only advised. . . . the change. . . COUNS MAN ROBILLARD: Audit And Control made no criticism of the water department. . . UNKNOWN: Questioned why did the board wait two years and then make such a big jump in the rate? SUPERVISOR' STREETER: the Cost of the Plant does not show in these figures. . . the Board should have raised it sooner . . . . UNKNOWN: How does the new rates compare with other areas. . . COUNCILMAN ROBERTSON: gave a detailed description of rates in the area. . . QUENTIN KESTNER-Hoped that all interested person visit the modern plant this wiLljxaiaty the peoptle how their money was spent. . .he assured the people that tlk►e of the water will be 'superior. . .water softeners will not be needed in the Town. . . UNKNOWN: Will a dropage in the water level effect the plant? QUENTIN KESTNER- No we have allowed for that. . .also have 3 million gal. of water stoasge. . . UNKNOWN: Will the water tax be raised. . . SUPERVISOR STREETER: No. tkEDOR'E TURNER: I understand that the Town °wil ay 'for the mov ng of the water lines on Bay Road . . . was this budge ted. . . SUPERVISOR STREETER: The Town Will move the lines. . . . this was not in the budget. . . . 3016 The Town will also be responsible for new traffic lights at Bay and Quaker at some expense. . . PLINEY TUCKER: What will happen to the present=water system. . .. THOMAS FLAHERTY WATER SUPERINTENDENT: Because of the quality of the water and the declining production of the wells they will be held for one year at this time they will then be abandoned. . . all that can be salvaged will be. . . RESOLUTION TO REVISE WATER RATES RESOLUTION NO. 80, Introduced by Mr. Gordon Streeter who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS, the Town Board of the Town of Queensbury in its Annual"ludit has recommended to establish a more realistic water `budget heibging in balance its anticipated revenues and expenditures, and WHEREAS operational costs have increased significantly because_ of the inflationary economy, Now therefore be it RESOLVED, that rates for water service in the Town of Queensbu `y be established as follows : Per Quarter Family Use $ 6.20 Bath or Shower 6.20 Add' 1 Bath or Shower 2.45 Toilet 6.20 Add'1 Toilet 5.05 Hose Summer Quarters Only 9.90 Pool Summer Quarters Only 5.40 Shop 6.20 Garage 9.90 Office 11.25 Store 12.50 Restaurant 20. 10 Dental Fountain 9.90 Bar 29.60 Mobile Home 18. 65 Metered Rate .49 per thousand gallon Minimum Billing 13.00 per quarter 15000 gallon To become effective May 1, 1975. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes: None Absent: None RESOLUTION TO REAPPOINT MEMBER OF RECREATION COMMISSION RESOLUTION NO. 81, Introduced by Mr. Hammond Robertson who moved its adoption, se'co�n ed by Mr. Daniel Olson: WHEREAS, the term of office of Frank Bly, of 12 River Street in the Town of Queensbury, a member of the Recreation Commission expired in February of this year, therefore be it RESOLVED, that Frank Bly be reappointed, his term -to expire on February 27, 1980. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes : None Absent: None 10 RESOLUTION TO INCREASE WORKMEN' S COMPENSATION APPROPRIATION FOR 1975 soo; RESOLUTION NO. 82, Introduced by Mr. Harold Robillaard who moved its adoption, secon ed by Mr. Hammond Robertson: WHEREAS the Employee Benefits Compensation Account No. A9040.8 has been over expended by $1,857.00 for 1975 and WHEREAS' the General Fund has received a reimbursement for 1974 compensation expenditures in the amount of $186.00 from Cool Agency, after audit of payrolls, therefore be it RESOLVED that the sum of $186.00 be appropriated to A9040.8 and be it furbher RESOLVED.'that the sum of $1671.00 be appropriated from Contingent Fund .— thereby. decreasing the Contingent Fund from $20,000 to $18,329 and increasing A9040.8 from $7,100 to $8,957. Duly, adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes;: None Absont:�,, None TOWN COb1ISEL-J. DAVID LITTLE- .The intent of this resolution is to bring the Town Ordinancos into conformity with State regulations. The effect if this 0 dinance it adopted is to require anyone a condition preceedent to making ,`,a claime against the Town of Queensbury for a highway defect or sidewa defect to have filed notice or provided the town with an actual notice of. the plain defect prior to the accddett in order to be able to able to 'be compensated for any damages that were suffered. UNKNOUN Even under this they can still go to court? SUPERVISOR STREETER: Yes. Providing that there is proper notice. THEDORE TURNER: Does the notice have to be -sent by ',registered mail? -- TOWN COUNSEL: No. . MRS. MONAHAN: Does ,the notice have to be filed just by the person that is going to be doing the sueing? TOWN COUNSEL: No. By anyone. . . Notice must be filed with the Town Clerk. RESOLUTION TO SET A PUBLIC HEARING RELATING TO HIGHWAY DEFECT LIABILITY AND PRIOR NOTICE RESOLUTION NO, 83. Introduced by Mr. Robert Barber who moved its adoption, seconded by Mr. Daniel Olson: WHEREAS, pursuant to Town Law #130, subdivisions 4,7 and 15, the Town Board may enact- ordinances, rules and regulations regulating and concerning the use of public streets and highways and sidewalks and promoting the protection and preservation of the property of the Town, and WHEREAS the Town Board is desirous of requiring written prior notice to the Town cf_.,estence of a .highway ,.or sidewalk defect as a condition precedent to ,the mIai�ntenance of a cause of action for damages allegedly or actually toIhave been sustained by a claimant by reason of purported or actual defect in a T,ow;� highway, bridge., culvert, highway marking, signor device or any other, prdWwty owned, operated or maintained by any improvement district therein being defective, and *E1 AS the provisions of law relating thereto require a public hearing on - `all proposeA 'ordinances on due notice as prescribed in Section 130 of the Town Law,: NOW THEREFORE, be it RESOLVED that a public hearing on the following proposed ordinagce: le held .on .the 22nd day of April, 1975 at 7: 30 P.'H. EST, and that the Town Clerk give notice of such hearing by publication of notice thereof in the official Town newspapers, once at least 10 days prior to the date y �pegified, for such hearing, specifying the time when and .the place where such heating will be held and in general terms , describing said proposed ordinancs. ORDINANCE TO REQUIRE PRIOR -NOTICE OF A CLAIMED DEFECT AS A CONDITION PRECEEDENT TO A LIABILITY OF THE TOWN OF QUEENSBURY BE IT ENACTED AND ORDAINED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY,' NEW YORK, AS FOLLOWS: Section 1. No civil action shall be maintained against the Town of Queensbury (hereinafter referred to as "the Town") or the Town Superintendent of Highways of the Town, or against any improvement district in the Town for Damages or injuries to person or property (including those arising from the operation 6f snowmobiles) sustained by reason of any highway, bridge, culvert, highway marking, sign or device, or any other property owned, operated or maintained by the Town or any property owned, operated or maintained by any improvement district therein, being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of -such highway, bridge, culvert, highway marking ' sign or device, or any other property owned, operated or maintained by' the Town, or any property owned, operated or maintained by any Improvement district, was actually given to the Town Clerk of the Town of the Town Superintendent of Highways of the Town, and that there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained''of; and no such action shall be maintained for damages or injuries to persons or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, .culvert or any other property owned by. the 'Town or any property owned by any improvement district in the Town unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town or the Town Superintendent of Highways of the Town and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice. Section 2. No civil action will be maintained against the Town and/or the Town Superintendent of Highways of the Town for damages or injuries to person or property sustained by reason of any defect in the sidewalks of the Town or in consequence of the existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the Town or the Superintendent of Highways of the Town pursuant to statute, nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or in consequence of such existence ,of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town or to the Town Superintendent of Highways of the Town and there was a failure or neglectR:to cause such defect to be remedied, such snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice. Section 3. The Town Superintendent of Highways of the Town shall transmit, in writing, to the Town Clerk of the Town within five (5) days after receipt thereof, all written notices received by him pursuant to this law, and he shall take any and all corrective action with .respect theeeto as soon as practicable. Section 4. The Town Clerk of the Town shall keep an index record, in a separate book, of all written notices which .the Town Clerk shall receive of the existence of a defective, unsafe, dangerous or 6bstructed condition in or upon, or of an accumulation of ice and snow upon any Town highway, bridge, culvert or a sidewalk, or any other property owned by the Town, or by any improvement district, which record *shall state the date of the receipt of the notice, the nature and location of t`-hi"Condition- stated to exist, and the name and address of the person from whom the notice is received, The record of such notice shall be preserved for a period of five (5) years from the date it is received. The Town Clerk, upon receipt of such written notice, shall immediately and in writing notio` he To Superintendent of Highways of the Town of the receipt of such notice. ' Section 5. .Nothing contained in this Ordinance shall be hel'd' to re- peal or modify -or waive any existing requirement or statute of 'limitations which is applicable to these causes of action, but on the contrary, stall be held to be additional requirements to the rights to maintain such action, nor shall anything herein contained be held to modify any existing rule `of law relative to the question of contributory negligence, nor to 'impose 'upon the Town, its officers and employees, and/or any of its improvement 309 districts, any greater duty or obligations than that it shall keep its streets , sidewalks and public places in a reasonably safe condition for public use and travel. Section 6. If any clause, sentence, phrase, paragraph or any park of this ordinance shall for any reason be adjudged finally by a court of competent jurisdiction to be invalid, such judgment shall not affect,impair or invalidate the reminder of this ordinance but shall be confined in its operation and effect to the clause, sentence, phrase, paragraph or part thereof directly involved in the controversy or action in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that the remainder of this section would have been adopted had any provisions not been included. Section 7. This ordinance shall take effect immediately. Duly adopted by the following note: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes: None Absent: None COMMUNICATIONS: -Ltr. from Sullivan Productions, Inc. , regarding service to Route 9 further negoftafonns will be forth coming. . . -ltr. League of Women Voters re: Mrs. William Richardson appointment to the Zoning Board of Appeals. . . -lte. N.Y. St. Dept. of Environmental Conservation re: Flood Control DEC has been designated as the coordinating agency to work with communities in New York State who are involved with the Federal Flood Insurance Program -Ltr. Colonial Cablevision, Inc. re: rate being raised-applying to N.Y. St. Cable Commission for approval. . .. -U.S. Railway Associations Report on the Preliminary System Plan. . . on file. . . -Ltr. Assemblyman Gerald B. Solomon-re: Lake. George as a Federal Waterway. . . -The West Glens Falls Active List was placed on file. . . ANNOUNCEMENTS: -Town Clerk's Office will be open from 9 to 12 A.M. on Saturdays beginning April 5th. -Reminder of the Town of Queensbury Dog Control Ordinance. . . -The New Water Treatment plant will be turned over to the-Town oti April l, there will then be two weeks of testing and dept. of Health approval obtained operation should be begin April 15, 1975. . . REPORTS: -Supervisor's report for January and February placed on file. . . Highway Report for January and February placed on file. . . -The Police Activity Report ddr February 1975 was read and placed on file. . . MEETING OPENED: UNKNOWN: Asked the Town to look into the City landfil condition- 9N1NWWN1K R' : noted Meadowbrook conditions and wd%dered when its hazardous condition in regard to pot holes and high culverts would be fixed. . . CAR GARB: Meadowbrook is sleightdd for re-paving this peamer. . . COUNCILMAN BARBER: Noted that he and Mr. Garb attended a Auction at Waterford sponsored by the Office of General Services and purchased a 1967 Diwp FTruck for $675.OD two ton. capacity. . .