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1973-04-26 use had been reasonably expected on the date of issue of such bonds or notes, would have caused such bonds or notes to be "arbitrage bonds" within the meaning of Section 103 (a) of the Internal Revenue Code of 1954, as amended, and (ii) as long as any of such bonds or notes are outstanding, it will comply with the requirements of Section 103 (d) of the Internal Revenue Code of 1954, as amended, and with applicable regula- tions of the Department of the Treasury promulgated thereunder. Section 7. The validity of such bonds may be contested only if: 1) Such bonds are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such bonds are authorized in violation of the provisions of the Constitution. Section 8. This resolution, which takes effect immediately, shall .1 e pu-'EiT shed in full in -the Glens Falls Post Star and Times , and Tri-County News the official newspapers, together with a notice of the Town Clerk in substantially the form provided in Section 81. 00 of the Local Finance Law. Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None REGULAR MEETING APRIL 26, 1973 MEMBERS PRESENT Harold Robillard De-p�a - .,:-Supervisor Daniel Olson Gdun loran Robert Barber Councilman Gordon Streeter Councilman J. David Little Town Counsel John Austin -absent Supervisor Guests : Many Residents of Dunhams Bay, Lee Coleman, Thomas Keith,- , Kip Grant, Carl Garb, George Liapes , Harold Boynton, Richard Villcil, Robert R. Sanders , Mr. Donald Borth-Park Commissioner First on the Agenda Mobile Home Application Richard Finch, Newcomb Street , to place a Mobile Home on Newcomb Street, owner of the land Richard Finch Sr. -Proof of Publication was shown-Mr. Finch was present- The hearing was opened at 7 : 31- no one spoke for or against the applica- tion-the hearing was closed 7 : 33- Mobile Home Application Mr. & Mrs. Robert R. Sanders , Jr. , to place a mobile home on Sanders Road, owner of the land Robert R. Sanders St. Proof of publication was shown-the hearing was opened at 7: 33-no one spoke for or against the application-Mr. Sanders was present - A question from the board was : was there a. lease-Mr. Liapes showed the lease to the Board- the hearing was closed 7 : 34 Public Hearing on Resolution to adopt ordinance number 37 entitled No- Parking on both sides of Sweet Road, Town Road No. 97, between Route 9 and Montray Road-an investigation of our traffic committee and police has shown the need for this resolution. -the hearing was opened-proof of publication was shown-no one spoke. -hearing closed. RESOLUTION TO ADOPT ORDINANCE NUMBER 37 ENTITLED "NO-PARKING ON BOTH SIDES OF S14EET ROAD TOWN ROAD NO. 97 , BETWEEN ROUTE 9 AND MONTRAY ROAD 249 RESOLUTION NO.128, Introduced by Mr. Robert Barber who moved its adoption, seconded by Mr. Daniel Olson: WHEREAS the Town Board deems it necessary to adopt an Ordinance Number 37 entitled "No-Parking on both sides of Sweet Road, Town Road, No. 97, between Route 9 . and Montray Road. WHEREAS a proposed Ordinance was presented to the Board and after due notice a public hearing was held thereon by the Town Board on the 26th day of April 1973 at 7 : 30 P.M. at the Town Office Building Bay and Haviland Roads , Glens Falls, New York, and that the Town Clerk gave notice of such hearing by publication thereof in the Official Town Newspapers at least once prior to the date specified for such hearing, specifying the time when and the place where such hearing will be held and in general terms describing said proposed Ordinance and '— WHEREAS all persons were heard both in favor of and opposed to, there- fore be it RESOLVED that Ordinance Number 37 by the Town Board be as follows : Section 1. For the purpose of this ordinance, the words "Vehicle", "Parked" and "Standing" shall have the meaning defined in the vehicle and traffic law of the State of New York. Section 2. No vehicle shall be parked or left standing on both sides of Sweet Road (Town Road No. 97) between Route 9 and Montray Road. in the Town of Queensbury. Section 3. All ordinances or parts thereof of the Town of Queens- bury inconsistent with the provisions of this ordinance are hereby re- pealed; provided, however, that such repeal shall be 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 provision of section 2 of this ordinance shall upon conviction be punishable for a first offense by • fine not to exceed ten ($10. 00) Dollars, and for a second offense by • fine not less then ten ($10. 00) Dollars nor more than Twenty-five ($25. 00) Dollars, or by imprisonment for not less than two nor more than ten days. The third or any subsequent offense within one year shall be punisable by a fine not to exceed One-Hundred ($100. 00) Dollars, or by imprisonment not to exceed thirty days , or by both such fine and imprisonment. In addition to the aforesaid penalties , the Town Board j� of the Town of Queensbury may institute any proper action, suit or proceeding to prevent, restrain, correct or abate any violation of this ordinance. Section 5. This Ordinanoe shall take effect immediately. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Streeter, Mr. Robillard Noes : None Absent:Mr. Austin Public Hearing on Resolution to Amend Ordinance No. 34 "Ordinance Regulating Speed of Mechanically Propelled Vessels in the Areas of Sandy Bay, Warner Bay, Assembly Point and Harris Bay" this hearing`. was to see if Dunhams Bay would be included. - Hearing Opened to Public- The following letters were received by the Town Board and Read: Pro6f- af Publication was shown. April 23, 1973 Donald A. Chase Town Clerk, Town of Queensbury, N.Y. RE: Ordinance No. 34 Dear Mr. Chase: I am a summer resident owning waterfront property at Dunham's Bay on Lake George. I strongly urge that the proposed amendment to include Dunham' s Bay in Ordinance No. 34 to regulate the speed of mechanically propelled vessels be rejected_ and that serious consideration be given to review the entire body of Ordinance No. 34 as it affects Sandy Bay, Warner Bay , Assembly Point, and Harris Bay for the following reasons : 1. Water skiing which is a sport of out young people will no longer be available to them in areas where they can be supervised by watchful parents. 250 (I believe that the risk for loss of life will be increased by forcing them to water ski on the open Lake. ) 2. Five (5) M. P.H. in this day and age of the modern speed boat is unrealistic. 3. As an attorney I submit that the 5 M.P.H. regulation for practical purposes is unenforceable except where vessels are traveling at an excessive rate of speed and even in these cases speed will be a matter of judgement by the observer. Said observer would have to qualify as an expert in making such judgements in the operation of mechanically operated vessels in order that his testimony be accepted in court. There will be a tendancy on the part of the members of the Board to amend this ordinance since other Bays are now covered by it however I believe if you will poll the taxpayers on Dunham' s Bay you will find that there is strong sentiment against this restriction. Please reject the idea if applies to some Bays it must apply to all. I for one want my children and the children of my guests skiing where they can be watched and supervised. They can't ski at 5 miles per hour. Since it is impossible for me to attend the meeting I respectfully request that this letter be read at the public hearing and be made part of the public record. Sincerely yours , /s/ LCL/ac Leo C. Loughrey Wiedy Furniture Co. , Inc. Route 28 Kingston, N.Y. Donald A. Chase-Town Clerk Bay & Haviland Roads Glens Falls , New York Dear Mr. Chase: I am a resident of Dunham Bay and I wish to express my views in reference to Section 1-e before the town board on Thurs. nite April 26th, 1973. As far as I am concerned, it would be impossible for me to attend the meeting, but the resolution of having Dunham Bay kept to a 5 M.P.H. zoning is absolutelyaabsurd. I am dead against any`a on -any It should be left as it is now, for the bay is of ample size to handle the speeds - as they are now. The traffic is not that intense to make such a resolution warranted. Thank you, /s/ Bruce W iduspid There were two basic arguments or comments made by the Residents of Dunhams Bay a)the reduction in speed would limit oil pollution and noise pollution b) enforcement of the present law would solve the problems . Mrs. Sally Chenier a resident of the area approved of the basic resolution to include Dunhams Bay - she herself was afraid to swim because of the oil slick and the skiers in the area. - John D. Salvador proprietor of the Dunhams Bay Lodge disagreed with the reduction of speed curing noise and oil pollution Mr. Phil Austin concurred with Mr. Salvador. Richard Maxsail an attorney and resident wished to be heard and wanted to go on record as approving the resolution to allow Dunhams Bay to be a 5 MPH area. Mr. Borth of the Lake George Park Commission-Attorney- answered most of the questions and noted that the Park Commission could enforce the new law. . he also passed out maps showing where Buoys would be located. Some residents questioned if the Bouys could be located further down into the Bay. . this will be considered by the Lake George Park Commission. Virginia Clark a Bay Resident opposing the speed limit claimed that the present laws on the lake as to Boats are not enforced-Mr. Roger Howard opposed the restriction and pointed out the present enforcement of the laws on the Lake. Mr. Gordon Streeter asked that the public hearing be continued on Mgy 10, 1973. A RECESS WAS CALLED AT 8:24 MEETING CALLED TO ORDER 8:33 NEXT ON THE ` A: _ William Kostechko Rezoning-Weeks Road- It was noted during the meeting that the applicant had due notice and that on two occasions `ti: the applicant has not appeared.. . The Board by a unanimous decision-the application was denied. �- RESOLUTION TO DENY PETITION OF WILLIAM KOSTECHKO RELION NO. 129, Introduced by Mr. Robert Barber, who moved its adoption, secon a by Mr. Daniel Olson: WHEREAS, on the 12th day of April, 1973, a public hearing was opened ') regarding a rezoning application of William Kostechko, asking a:ad petitioning for a change of zoning from a C-3 zoning classificai n a to an R-5 zoning classification premises situate hn Weeks Road in :v t ,.°-„' _mod-_ WHEREAS, at such meeting no parties or persons were present in support of said petition for rezoning, and WHEREAS, the Town Board upon motion adjourned the said public hearing until the next regular meeting of the Town Board held on April 26, 1973 at which time said application was again brought up for public hearing, and WHEREAS'`no persons or parties were present at said adjournment of the aforesaid public hearing to speak in favor of the petition requesting such rezoning as aforesaid, and WHEREAS, the application had been referred to the Town Planning Board which recommended that should a change of zone be made that an R-5 class- ification' would be the preferable zoning, and WHEREAS, the hearings were held pursuant to notice duly given at a meet- ing of the Town Board in the Town Office Building in the Town of Queens- bury, and no one having presented any evidence nor favoring said petition having appeared in person or by representative or otherwise, and the said public hearing having been closed; NOW, THEREFORE, BE IT RESOLVED, that the aforementioned petition of William Kostechko re- questing a zoning change of premises on Weeks Road in the Town of Queens- - bury from a C-3 zoning district to an R-5 zoning district be and the same 16 'disapproved and denied. Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Barber, Mr. Streeter, Mr. Robillard Noes: None Absent:Mr. Austin Drainage District for Sherman, Grant, Seward and Ames Place informa- tional meeting: Mt. William Skellie , 10 Seward Street-question the placing of man- holes in this system. . Mr. Carl Garb reiterated hi.s statements of last meeting usdng the prepared estimate sheets. Mr. Streeter brought up the fact that a larger pipe (15") has also been considered and will be another alternative in this project. A show of hands was called for in regard to having a Public Hearing Set Vote: 8-yes noes-none RESOLUTION CALLING PUBLIC HEARING ON THE ESTABLISHMENT OF' THE SHERMAN- SEWARD-AMES-GRANT DRAINAGE DISTRICT IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN AND STATE OF NEW YORK, PURSUANT TO ARTICLE 12-A OF THE TOWN `— LAW RESOLUTION NO. 130, Introduced by Mr. Robert Barber who moved its adoption, secon ed by Mr. Gordon Streeter, WHEREAS, certain residents of the Town have requestdd the establish- ment of a drainage district ; and WHEREAS, the boundaries of the proposed district are set forth in Schedule "A" hereto annexed, and WHEREAS, it is proposed that the cost of such improvement be financed by bond not to exceed Fifty Eight Thousand Dollars , ($58 ,000. 00) , NOW, THEREFORE, be it X52 RESOLVED AND ORDAINED that the Town Board of the Town of Queens- bury meet and hold a public hearing at the Town Office Building located at Bay Road, Town of Queensbury, Warren County, New York, on the 24th day of May, 1973 at 7:30 o' clock p.m: , Daylight Savings Time, to hear all per-sons- int.eres.ted in the .sub!_ect :thereof, con- .erring the same and to take such`'action- thereon'' as is required or authorized by law: and it is further tESOLVED AND ORDERED. that a copy of this order, certified by the Sown Clerk, shall be published at least once in the official news- of the Town, not less than ten (10) nor more than twenty (20) *lays before the date set for the hearing aforesaid, and that a copy :hereof shall be posted on the sign board of the Town maintained pur- 3uant to subdivision 6 of Section 30 of the Town Law not less than (10) nor more than twenty (20) days before the date designated for :he hearing as aforesaid, and it is further ESOLVED AND ORDERED that this order be entered in':the minutes of t:xe proceedings of the Town Board. 98'aedule A-wilt: be filet, With tli$ Resolution in the TownF_,Clerk's ,Of€ice. Dily adopted "by the rollowng vote : v Ayes: Mr. Olson, Mr. Barber, Mr. Streeter, Mr. Robillard Noes : None Absent:Mr. Austin The Mobile Home Application of George J. Wallace-Minnesota Avenue has been withdrawn. Deputy Supervisor Read the following letter: 171 Sherman Avenue Glens Falls, N.Y. Town Clerk April 23, 1973 Town of Queensbury Dear Sir: r Since we will be unable to be present at the meeting Thursday night, April 26th concerning the drainage problem in the Sherman- Seward Street area we would like to go on record as being in favor of a drainage system being constructed. Sincerely yours , Catherine Cartier /s/ Henry J. Cartier /s/ Mobile Home application-Patrick D. Beaulieu-Lake George, New York to locate a Mobile Home on corner of Nacy and Glen Lake Road-Mrs. Beaulieu was present-The Board tabled the application until May 10, 1973 for further investigation. Mobile Home application -Carolyn J. Lipps-Ind. Avenue-to locate a Mobile Home on Ind. Avenue-during a discussion between Mr. Lipps and the Town Board it was brought up that the lot was too small to place a mobile home on, Mrs Lipps decided to withdraw her application. RESOLUTION TO ACDEPT BID OF WATER DEPARTMENT HYDRAULIC BORING' UNIT RESOLUTION NO. 131 ,Introduced by Mr. Gordon Streeter who moved for its a opt on, seconded by Mr. Daniel Olson: WHEREAS, Thomas K. Flaherty, Water Superintendent of the Town of 1 Queensbury did request the Town Board to solicit sealed bids for Water Departmant Hydraulic Boring Unit and WHEREAS bids were received from, Abele Tractor & Equipment and Basic Construction, Latham, New York, said bids opened at the meeting of March 22 , 1973 at 7: 30 P.M. and turned over to the Water Superintendent for his recommendations, therefore be it RESOLVED, that upon the recommendation of Mr. Flaherty the bid of Abele Tractor and Equipment Co. , Inc. in the amount of $2795. 00 be and hereby is accepted. Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Barber, Mr. Streeter, Mr. Robillard Noes : Noes ABSENT:Mr. Austin RESOLUTION TO REMOVE REMONSTRANCE AGAINST HARRIS BAY DEVELOPMENT CORPORATION RESOLUTION N0. 132, Introduced by Mr. Harold Robillard who moved its a option, seconded by Mr. Daniel Olson: WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 104 duly adopted by the Town Board on April 12, 1973 directed the Town Counsel J. David Little to file a remonstrance to the Office of the General Services of the State of New York in the matter of the appli- cation of Harris Bay Development Corp. for a grant of easement in land under waters of Lake George, in the Town of Queensbury, Warren County, New York, and WHEREAS, the Town Board has subsequently reviewed said resolution and determined that there are no changed circumstances from those introduced at public hearing held in the Town of Queensbury in conn- ection with said application which is contradictory to the informa- tion available to the Town Board at the time of the adoption of said resolution as aforesaid, NOW THEREFORE, BE IT RESOLVED that the remonstrance heretofore filed by the Town of Queensbury with the Office of General Services dated April 16, 1973 be and hereby is rescinded and withdrawn and be it further RESOLVED, that J. David Little , as Counsel for the Town forward to the Office of General Services a certified copy of the within resolu- tion. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Streeter, Mr. Robillard Noes : None Absent:Mr. Austin The Police Report for the Month of March was submitted to the Town Board and filed with the Town Clerk. Clean-Up Week, it was noted, is two days behind because of the heavy volumn. A special note was made of the Dewey Sims testimonial dinner, wishing him the best of luck. Deputy Supervisor Harold Robillard noted the need of a post office in the Town of Queensbury"We are a proud town here in Queensbury, I think that was shown by the quick sellout of the QBY plates. I believe our own post office could help reestablish the town's identity. " Mr. Robillard suggested that the Town Board form a committee to investigate the postal situation but declined to name members to the committee until the Supervisor returns. The Mobile Home application of Richard Finch Jr. was brought before the Town Board for further discussion: (Mr. Finch was not present_) Mr. Gordon Streeter moved for the Approval Mr. Robillard noted that he had visited the area and noted that it is a very congested area, a burdon on the land. Mr. Streeter noted that a hardship has been shown, he also noted that the Assistant Building Inspector Harold Boynton did approve the appli- cation. Mr. Barber seconded the motion on the floor. Mr. Robillard stated that he would have like the Finches present to air their opinions, Mr. Robillard wished that the application would be tabled for. two weeks"-.-. Mr. Barber questioned the right-of-way Mr. Boynton answered by saying that he knew of a 30 ' right of way. Mr. Barber noted his concern as to fire and emergency equipment getting to the property. Mr. Liapes showed the board a lease to the property. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 133, Introduced by Mr. Gordon Streeter who moved its adoption secon a by Mr. Robert Barber: WHEREAS , Richard Finch Jr. 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 at property situated Newcomb Street, and WHEREAS, this town board has conducted a public hearing in connection with said application and has heard all persons desiring to be heard in favor of or against said application, and WHEREAS, it is hereby determined that the facts presented in said application and at said public hearing are sufficient to authorize the issuance of the permit requested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Richard Finch Jr. to locate a mobile home at property situated at Newcomb Street 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. Streeter Noes : Mr. Barber, Mr. Robillard Absent:Mr. Austin RESOLUTION DEFEATED BY A TIE VOTE. The Mobile Home application of Robert R. Sanders , to locate a mobile home on Sanders Road was again brought before the board -it was noted the the Sanders are not present-A'-,:motion was made by Mr. Harola Robillard to approve the application, seconded by Mr. Gordon Streeter- RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 134, Introduced by Mr. Harold Robillard, who moved its adoption, secon ed by Mr. Gordon Streeter: WHEREAS, Mr. & Mrs. Robert R. Sanders Jr. 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 at property situated Sanders Road, and WHEREAS , this town board has conducted a public hearing in connection with said application and has heard all persons desiring to be heard in favor of or against said application, and WHEREAS, it is hereby determined that the facts presented in said application and at said public hearing are sufficient to authorize the issuance of the permit requested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Mr. & Mrs. Robert R. Sanders Jr. to locate a mobile home at property situated at Sanders Road and that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordin- ance. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Streeter, Mr. Robillard Noes : None Absent:Mr. Austin RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 135 , Introduced by Mr. Gordon Streeter who moved its adoption, seconded by Mr. Harold Robillard: RESOLVED, that the Audit of Bills as listed on Abstract 73-4A numbered 567-568 totaling $47 ,322. 01 dollars is hereby approved. ..,.� Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Streeter, Mr. Robillard Noes : None Absent :Mr. Austin Mr. Robert Guyette was asked by the Town Board to meet with them after the Regular meeting. 255 RESOLUTION OF SORROW RESOLUTION NO. 136 Introduced by Mr. Gordon Streeter who moved its adoption, seconded by Mr. Daniel Olson: WHEREAS, the Members of the Town Board were saddened by the passing of Miss Dorothy Wing, and WHEREAS, Dorothy Wing in 1962 presented to the Town of Queansbury the Original Queensbury Patent of 1762, the Land Grant from King George III of England, a document preserved for Five Generations by Abraham Wing' s Descendants and WHEREAS, through Dorothy Wings generosity, the Town of Queensbury has possession of a Historical Document of paramount importance, and C WHEREAS the Town of Queensbury has suffered a loss by her passing, THEREFORE BE IT RESOLVED, that the Members of the Queensbury Town Board hereby record their profound sorrow on the passing of Dorothy Wing and extend to Members of her Family tbtefr sincere sympathy and be it further RESOLVED, that this resolution be entered in the minutes of this meeting and that the Town Clerk be and he hereby is direCtddlto transmit copies thereof to the members of her family. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Streeter, Mr. Robillard Noes : None Absent: Mr. Austin RESOLUTION OF SORROW RESOLUTION NO. 137, Introduced by Mr. Robert Barber who moved its adoption, secon a by Mr. Harold Robillard: WHEREAS, the Members of the Town Board were saddened by the passing of Judge Charles S. Ringwood, and WHEREAS , Judge Charles S. Ringwood has served the Town of Queensbury through his Judicial Position with great dignity and superlative judgement, and L_ WHEREAS the Town of Queensbury has suffered a loss by his passing, THEREFORE BE IT RESOLVED, that the Members of the Queensbury Town Board hereby record their profound sorrow on the passing of Judge Charles S. Ringwood and extend to Members of his Family their sincere sympathy and be it further RESOLVED, that this resolution be entered in the minutes of this meeting and that the Town Clerk be and he hereby is directed to transmit copies thereof to the members of his family. Duly adopted by the following vote : Ayes: Mr. Olson, Mr. Barber, Mr. Streeter, Mr. Robillard Noes : None Absent: Mr. Austin On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase Town Clerk