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1973-06-28 REGULAR MEETING JUNE 28, 1973 MEMBERS PRESENT: John Austin Supervisor Daniel Olson Councilman Robert Barber Councilman Harold Robillard Councilman Gordon Streeter Councilman J. David Little Town Counsel GUESTS : Press-Tri County News , Post Star & Times , Mrs . Guida, Peggy Chrostowski, Mr. & Mrs. DeTemple , Harold Bourgeois , Mrs- Hagger, Jim Davies , Mrs. Labe, Mr. & Mrs. Timothy Bennett , John Rozelle , Mrs . Richardson, Mrs . Freiberger and daughter, Thomas Flaherty, George Liapes , Harold Boynton Meeting Opened at 7 : 32 P.M. with a salute to the Flag. ANNOUNCEMENTS : -Sole Assessor Leon Nassivera has completed phases I & II of a Basic course of training and has met the requirements for perminent certifica- tion as established by the State Board of Equilization and Assessment -Warren County is funding the Neighborhood Youth core-for-,summer employment -Cyrus Woodbury of the Lake George Association will teach the Building & Zoning Department on the process of checking the Glen Lake and Lake Sunnyside pollution. . . Application of Malcolm Champagne to locate a mobile home from July- Sept. 30 , 1973 at 24 Richardson Street-approved by Building Inspector- property owned by Charles Clute- RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION NO.201, Introduced by Mr. Harold Robillard who moved its adoption, seconded by Mr. Robert Barber: WHEREAS , Malcolm Champagne of 2920 Cynthia Ln, Lake Worth Florida has made application in accordance with paragraph 2 (a) 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 home court at property situated at 24 Richardson St, Glens Falls, New Ydrk, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to authorize the issuance of the -permit re- quested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordin- ance, temporary permission is hereby given to Malcolm Champagne of 2020 Cynthia La, Lake Worth Florida to locate a mobile home outside of a licensed mobile home court for a period of one year at property situated at 24 Richardson Street , Town of Queensbury, and that theBuilding In pectoris hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordinance. Dulyradopted by the following vote : Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent: None -Landfill will be closed the 4th of July. -Supervisor Monthly Statement read by Town Clerk Total Receipts 127,258. 43 Total Disbursements 167 , 717. 70 Following letter read: June 27, 1973 Queensbury Town Board Town of Queensbury Office Building Gentlemen: 302 This letter is being read due to the kindness of Mr. Chase . I , due to previous obligation of time, am unable to be in attendance. At this point I would like to refer to my letter to your body of one month ago. In that letter I requested that the Township of Queensbury , as soon as conveniently possible, put the Causeway Bridge Highway in condition so that It could be used safely. Again I respectfully make the request. I am desireous of being able to drive across this highway safely and conveniently in its ' entirety. This would Of course be from the direction of the North Queensbury Rescue Squad vicinity. On past occasions on this highway I have been quite seriously become mired in the mud with several vechicles I have been driving. - In order to avoid any unnecessary difficulties with the Township in the future due to possible happenings as cited above I respectfully urge the Township to give this matter their attention. In passing I would care to mention the existance of a National group that is dedicated to the conservation of nature. One of the six avowed pur- poses of this group is the acquisition of land for scenic highways or areas , or vistas. As you leaders of our Township realize there is wonderous natural beauty to be beheld along each of the panoramic vistas)hdjacent to the Causeway Bridge Highway. Briefly, refering to the past, this subject was originally brought up last year at a meeting of the Queensbury Zoning Board of Appeals by my- self and is in the record. Thank you for your kind consideration, /s/ Clifford B. Witham Supervisor Austin-this will be referred to the town attorney. The following letter was read: June 27, 1973 Supervisor of the Town of Queensbury Town Office Building Queensbury, New York Dear Sir: As Antique Dealers who reside in and conduct our business ' in the local area we would like to state our views on Flea Markets. A Flea Market is an excellent place for the novice dealer to enter into the Antique Trade --gaining knowledge, establishing their individual "Specialties" , and building stock until they are teady to open a store. Many of us began our careers in the Antique Field in just this manner. Flea Markets encourage the novice Collector who also gains knowledge and experience and frequently develops into a serious collector of finer antiques thus creating customers for the shopowners merchandise. As the stock at a Flea Market varies so greatly many of us find we can effectively use the Markets as a source of supply. Dealers at the local Flea Markets have proved very cooperative in,. dis- playing business cards of area shopowners and referring people to them. The Flea Markets on Route #9 are serving this area by keeping a quantity of traffic here which would otherwise be patronizing the Flea Markets and shops south of us in Saratoga County. A well run, flourishing Flea Market helps to promote the area' s reputation as an Antique Center thus attracting many people to. the area for the specific purpose of obtaining Antiques. As such they benefit all of ua in the area who are engaged in like business. Very truly yours, /s/ Rallie Larson of Rallie's Antiques /s/ Antique Mart /s/ Marilyn Smith 3 Antique Mart Js/ Henry Bourgeois /s/ blue Born Antiques George L. TeBordo ,/s/ Linda Sherman A Touch of Olde /s/ Beverly Labe Adirondack Memories Supervisor Austin: this ordinance was first put into effect to protect the residents of the Town from itinerant merchants that is people _ who came for some small period of time traded with the people nd the community and left and if dishonest, left people in the learch. the purpose of the amendment was not directed at Flea Markets but such endeavors conducted in the open. aft. J. David Little : noted that he felt that the existing ordinance formed — by the Town. Board showed numerous legal weaknesses - he will look into the possibility of a new ordinance. four points made: (a) too many changes to the 85 (a) General Municipal Law (b) no definate rate of tax established (c) no penalties established for violators (d) excessive fees to be paid Harold Robillard: I see no reason to act on the amendment tonight, it would be my dbaicge to see the Town Board charge the Town Attorney to go further into Ordinance #35 and if he recommends that this ordinance be recinded anew one drafted then I would pursue this endeaucr The Board noted their approval. . . Meeting Opened to the Public: 7 :48 P.M. Mrs. Guida: "Since the first flea market opened on Rte. 9 there are now two others on that road, one in South Glioas Falls , a number in the Luzerne Area, totaling eight new markets in one year" , "we expect up to 26 next year" Peggy -Chrostowski: noted the proper places for flea markets being fair grounds once or twice a year. . . Jim Davies : Lawyer representing the Flea Markets-congratulated the town board in Tts manner of handling the problem-the very fact that the most entire opposition to flea markets in the area comes from competing merchants in the antique business attests to the fact that our system of feee enter- prise working and to restrain such competition as our system is used to would have an adverse effect. Della Hagger: Warrensburg: noted that proper taxes are being missed by tie existance of flea markets to local government-there is no recourse to patrons of 'the Flea markets because they do not stag in one place. . . Mrs. Freiber ear: owner of Martha' s Rest. daughter is running flea market. . . t e more people who come into the area the more it benefits everybody. . . Beverly Labe; Queensbury, in favor of Flea Markets-but they should be regulated, they could become a tourist attraction. . . Mrs . DeTe�m_Ple: noted that they do reside in the area. . .hopes in the uture to buy a place and open a antique and crafts shop . . . Mr. DeTem le: most of the comments against the business seem to be from out side�the Town. . . Peggy Chrostowski: I don' t think any of the dealers are against Flea Markets its the idea of weekly flea markets john Austin: If any new ordinance is written it will be properly advertised before it is adopted. . . ANNOUNCEMENTS : -The speed limit in the Westland Land area-the resolution was merely a recommendation must be referred to the State Department of Transportation. RESOLUTION TO AUTHORIZE TEMPROARY TRANSFER OF FUNDS RESOLUTION NO. 202 ,Introduced by Mr. Gordons Streeter who moved its adoption, seconded y Mr. Daniel Olson: RESOLVED, that the Supervisor is hereby authorized and directed to transfer the sum of $25 ,000. 00 from the General Town Fund to the Queensbury Water f 3 District Account, said amount to be repaid to the General Town Fund as soon as such money is received from August billings , or in any event prior to December 31, 1973. Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent : None RESOLUTION OF COMMENDATION TO THE OWNERS OF WEST MOUNATIN SALES FOR THE USE OF THEIR PLACE OF BUSINESS AS A POLLING PLACE RESOLUTION NO. 2O3, Introduced by Mr. ?`aniel Olson who moved its adoption secnnded by r. Harold Robillard: WHEREAS, the District 16 Polling Place has been situated at the West Mountain Sales Building on the Corinth Road for the past few years and WHEREAS , District 16 Polling Place will now be located at the Water Dept. Maintenance Building on Corinth Road, therefore be it RESOLVED, the Town Board of the Twon of Queensbury wishes to commend the owners of West Mountain Sales for their generosity in letting the Town use their building for a Polling Place without compensation and be it further RESOLVED, that the Town Clerk send a copy of this resolution to the respective owners of West Mountain Sales . Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent: None John Austin: on behalf of the board a very person-­: . thank you. . . -Resignation-of Raymond J. Buckley - from his position on the Planning Board to accept the position of Town Engineer -Daniel Olson recommended Mrs. Sjoerdje Richardson for the vacancy on the Planning Board RESOLUTION TO APPOINT PLANNING BOARD MEMBER RESOLUTION NO. 204, Introduced by Mr. Daniel Olson who moved its adoption seconded by r. Robert Barber: WHEREAS a vacancy now exists on the Planning Board due to the resignation of Raymond Buckley who has been hired as a Town Engineer, therefore be it RESOLVED, that Mrs. William Richardson of 16 Greenway Drive be and she hereby is appointed as a member of the Planning Board of the Town of Qyueens- bury effective this date and to serve for the remainder of Mr. Buckleys term, September 30, 1979. Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent: None RESOLUTION TO ACCEPT DEED FOR HIGHWAY RESOLUTION NO.2O5 ,Introduced by Mr. Robert Barber who moved its adoption seconded y Mr. ordon Streeter: WHEREAS, George Boychuk and Olga Boychuk have executed and offered a dded for Town raodways which is described in Schedule "A" found in the town clerk' s office, and WHEREAS, Carl A. Garb, Superintendent of Highways has advised that he recommends to this Board that it accept this land for highway purposes as an addition to the Town highway system, and WHEREAS, said deed has been approved by J. David LIttle, Esq. , counsel to the Town Board, now, therefore be it RESOLVED, that the aforementioned deed be and the same is hereby authorized and approved and the Town Board is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk' s Office after which said deed shall be property filed in the Office of the Town Clerk, and be it further RESOLVED, that this new raod is hereby added to the official inventory of Thwn highways , and described as follows Road NO. : Description: Name: Mileage: Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Streeter, Mr. Austin Noes : Mr. Robillard Absent: None RESOLUTION TO ACCEPT A DEED FOR HIGHWAY RESOLUTION NO.206 ,Introduced by Mr. Robert Barber who moved its adoption seconded y Mr. Daniel Olson: WHEREAS, the Pulp and Paper Realty Corporation, has executed and offered a deed for Town raodways of not less than fifty feet (50' ) in width, which is described in Schedule "A" found in the town clerk' s office, and WHEREAS, Carl A. Garb, Superintendent of Highways , has advised 'that he•.: recommends to this Board that it accept this land for highway purposes as an addition to the Town highway system, and WHEREAS, said deed has been approved by J. David Little, Esq. , counsel for the Town Board, now, therefore be it RESOLVED, that the aforementioned deed be and the same is hereby authorized and approved and the Town Board is hereby authorized and directed to cause said deed to be r8corded in the Warren County Clerk' s Office after which said deed shall be properly filed in the Office of the Town Clerk, and be it fur- ther `-- RESOLVED, that this new road is hereby added to the official inventory of town highways and described as follows : Road No. : Description: Name: Mileage: Duly adopted by the follo*ing vote: Ayes : Mr. Olson, Mr. Barber, Mr. Streeter, Mr. Austin Noes : Mr. Robillard Absent: None RESOLUTION ADOPTING PLANS FOR CONSTRUCTION OF WATER TREATMENT PLANT AND FOR ELECTRICAL SYSTEM, HEARING AND VENTILATING SYSTEM AND PLUMBING SYSTEM IN SAID WATER TREATMENT PLANT IN QUEENSBURY WATER STORAGE AND DISTRIBUTION DISTRICT AND INVITING SEALED PROPOSALS FOR CONTRACTS RESOLUTION NO.207 ,Introduced by Mr. Harold Robillard, who moved its adoption, secon e by Mr. Robert Barber: WHEREAS , Joseph A. Kestner, Jr. , the Town Engineer, was heretofore, by resolution duly adopted by the Town Board of the Town of Queensbury, directed to make and prepare definite plans and specifications and a careful estimate of the expense and with the assistance of Harold W. Katz, attorney, proposed contracts for the construction of a Water Treatment Plant and for the electrical system, heating and ventilating, system, and plumbing system for said Water Treatment Plant in the Queensbury Water Storage and Distribution District, and WHEREAS, said definite plans and specifications , estimate of the expenses and contracts have been made and prepared, and filed with the Town Clerk of Queensbury, as directed by statute, and have been examined by this Town Board, now, therefore , be it �7+LJ RESOLVED, that the said plans and specifications , estimates and con- tracts, be and each and every one of the same is hereby approved and adopted, and be it further RESOLVED, that this Board invite sealed proposals to be submitted to it at 2 :00 o' clock E.D. S.T. in the afternoon on the 6th day of August, 1973, at the Queensbury Town Office Building, Bay and Haviland Roads , in the Town of Queensbury, for the furnishing of materials and performance of labor necessary and proper to construct the aforesaid Water Treatment Plant, designated as Contract No. 16 ; Electrical System, designated as Contract No. 16A; Heating and Ventilating System, designated as Contract No. 16B; and Plumbing System, designated as Contract No. 16C in accordance with the aforesaid plans and specifications and under the aforesaid contracts , and that the said Town Clerk be, and he is hereby directed to prepare, with the assistance of Harold W. Katz , Attorney and Joseph A. Kestner, Jr. , Town Engineer, proper notices calling for special proposals , in detail, and cause same to be published in due form of law, in the Glens __j Falls Post-Star and Times, that being the official newspaper of this Town, in its issue of July 6, 1973, and in the Tri-County News , in its issue of July 6 , 1973. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent: None RESOLUTION OF APPRECIATION TO THE CITY OF GLENS FALLS FOR THEIR RESPONSE TO GIVE QUEENSBURY A HELPING HAND IN THE CASE OF A WATER SHORTAGE RESOLUTION NO. 208,Introduced by Mr. John Austin, who moved its adoption seconded y Mr. Gordon Streeter: WHEREAS, the Queensbury Water District has suffered a water shortage be- cause of unexpected depletion in yield from the Town' s Wellfields ; and WHEREAS, the Water Board of the City of Glens Falls has responded with speed and good will to a request from the Town of Queensbury for an interconnection with the city system in the event an emergency supply is needed; now, therefore be it RESOLVED, that the Town Board of the Town of Queensbury hereby expresses its appreciation to the city and its Water Board for the cooperation given the town in this circumstance ; and be it further RESOLVED, that copies of this resolution be forwarded to Mayor Robert Cronin and Water Superintendent Garner C. Tripp , Jr. of the City of Glens Falls. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent : None Mr. John Cohan: Twicwodd resident-notdd a pressure problem in .his area- concerned about fire - what assurances do we have that what the Town proposed will be enough for the future? Supervisor Austin:The Hudson River Filtration Plant is built to a capasity to provide water for the next 100 yrs . the first capacity of the filtra- tion plant will be far in excess of Queensbury heeds. Mr. John Cohan: will the pressure be remed ed,_before next sur r? Thomas Flaherty: no John Rozelle: has there been a answer as to the changes at Regency Park? John Austin: With respect to design changes there is no legal require- ment for them to snake. . . Harold Robillard noted the present:e of Timothy Bennett-to locate a temperory mobile home-5 months- on Luzerne Road- Mr. Robillard noted that this would. have to be temporary with no extension. . . RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION NO. 209 Introduced by Mr. Robert Barber who moved its adoption seconded y Mr. Harold Robillard: WHEREAS, Timothy John Bennett of 5 Lydia Street, So. Glens Falls has made application in accordance with paragraph 2 (a) 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 home court at property situated on Luzerne Road, and WHEREAS , it is hereby determined that the facts presented in said application are sufficient to authorize the issuance of the permit requested by said application, therefore be it RESOLVED; that pursuant to the provisions ofthe above mentioned ordinance, temporary permission is hereby given to Timothy John Bennett of Luzerne Road ( 5-Lydia Street) to locate a mobi16 home outside of a licensed mobile home court for a period of not more than five months at property situated at Luzerne Road, Town of Queens- bury, and that the BuildifIg Inspector is hereby authorized and dir- ected to issue such permit in accordance with bhe terms and conditions of said ordinance, and be it futther, RESOLVED, that Resolution No. 192 calling for a Public Hearing for Timothy John Bennett for July 26 at 7 ;30 P.M. 1973 be and hereby is rescinded. Duly adopted by the follotng vote: Ayes : Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes: Mr. Olson Absent: None RESOLUTION TO CONDUCT AUCTION OF ABONDONED BICYCLES RESOLUTION NO.210 Introduced by Mr. John Austin who moved its adoption seconded y Mr. Harold Robillard: WHEREAS, the Queensbury Police Department is in possession of several found bicycles which have not been claimed pursuant to Article 7-B of the New York Personal Property Law, and WHEREAS, the requirements of said law have been complied with by the Police Department ; now, therefore be it RESOLVED, that pursuant to Section 250, subdivision (f) , of the General Municipal Law, the Chief of the Queensbury Police Department is hereby auth- orized to conduct a public auction of said bicycles at the Queensbury Town Hall on the 14th day of July, 1973 at 10:00 o' clock in the morning. Terms are to be cash, with the Town of Queensbury reserving the right to reject any and all bids, and be it further RESOLVED, that the proceeds of said auction be deposited in the General Fund of the Town of Queensbury. Duly adopted by the follo*i:ng vote : Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent : Done On motion the meeting was adjourned. 8 :51 P.M. Respectfully submitted, Donald A. Chase • Town Clerk