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1972-04-27 RESOLUTION TO STANDARDIZE WATER METERS RESOLUTION NO. 69, introduced by Mr. Robillard, who moved its adoption. Seconded by Mr. Streeter. WHEREAS, the Water Department of the Town of Queensbury, Warren County, New York, presently owns water meters manufactured by Badger Meter Manufacturing Company of Milwaukee, Wisconsin and has on hand a supply of said meters and spare parts therefor, and WHEREAS, to purchase different makes of water meters would be ineffecient and uneconemicalsince alternate and additional supplies of spare parts would have to be purchased which would not be interchangeable with those already on hand, .and _WHEREAS, for other reasons such as handling, economy of purchase and 'ffeciency ,of repairs and installation, it -is determined by this Board to standardize the purchase of said water meters and the spare parts therefor, "NOW, THEREFORE, BE IT RESOLVED, that for reasons of effeciency and economy and pursuant to the authority conferred by Subdivision 5 of Section 103 of the General Municipal .Law, it is determined by this Board that there is a need for standardization in the purchase of water meters for the Town Water Department, and BE IT FURTHER RESOLVED, that the Superintendent of the Water Department be and he hereby is authorized to purchase water meters and spare parts therefor from the Badger Meter Manufacturing Co.of Milwaukee, Wisconsin as the standard water meter to be -used exclusively by said Water _Department of theTown of Queensbury. Duly adopted bhit-13th day of April, 1972 by the following vote: AYES: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. NOES: None. Regular Meeting April 27, 1972 Members Present: Gerald B. Solomon Supervisor ,Lloyd Demboski Councilman Robert Barber Councilman Harold Robillard Councilman Gordon Streeter Councilman Harold Katz Town Counsel The meeting was opened with a salute to the flag at 8:25 P.M. The Supervisor greeted the following persons: Mr. and Mrs. Walter Robinson Dr. and Mrs. Huested Pliney Tucker Harold Boynton George Liapes Mary Lou Quinn Florence Mcllvaine Mr. and Mrs. Joe Murphy Sharon Greene Ed Waters Floyd Martindale Francis Fish Robert Waters Robert Nolan Geneva Elmore Mrs. Donald Fisk Mr. and Mrs. Michael Thompson The -following letter was read by the Supervisor: TAKUNDEWIDE, INC. Cleverdale, New York January 20, 1972 Supervisor Gerald B. Solomon Queensbury Town Office Bldg. Glens Falls, New York Dear Garry: My term of office on the Recreation Commission expires on Feb 1. Please do not consider my name for reappointment as I would be unable to accept. Thank you for allowing me to serve on the commission for the past eight years. I have enjoyed not only the association with the members of the commission but also with the various members of the Town Board. If the board is desirous of suggestions from this area of the town, I would like to submit the same of Mrs. Marilyn Sanderspree. cc: Mr. Fred Champagne Sincerely, Jane Mason 66 A letter was also read from the Hudson River Valley Commission regarding Project # 037-T72 approving the Town of Queensbury Water Filtration Plant. signed by Carl J. Mays, Executive Director. RESOLUTION TO APPROVE PURCHASE OF SECTIONAL STEEL SEWER RODS AND TOOLS RESOLUTION NO. 73, introduced by Mr. Demboski who moved its adoption seconded by Mr. Barber. RESOLVED, that Carl Garb, the Town of Queensbury Highway Superintendent be allowed to purchase Secional Steel Sewer Rods and Tools from Raymond Foster of Hudson Falls, New York at a purchase price of $662.55. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter and Mr. Solomon. ' Noes: None. Next was a Mobile Home application tabled from the last meeting for Mrs. Verna Lavery. The board has a small discussion with Mrs. Donald Fisk, a daughter. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION N0. 74, introduced by Mr. Robillard who moved its adoption seconded by Mr. Demboski. WHEREAS, Mrs. Verna Lavery of 89 1/2 Bay St. Glens Falls 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 INTHE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside of a duly licensed mobile home court -at property situated at W. Ohio Ave. and WHEREAS, it is hereby determined that said application complies with the requirements of said ordinance, and WHEREAS, is 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 aonduct a public hearing on said application on May 25, 1972 at 8:00 P.M. in the Queensbury Town Office Building, Bay Road and that the Town Clerk is hereby authorized and directed to give proper notice of said public hearing in accordance with the provisions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon, Noes: None. Mr. Solomon stated .that if this permit is granted it will be subject to a variance from the Zoning Board of Appeals. The location of the trailer does not now meet the new setback requirements. The next application for a mobile home was from Michael Thompson. Mr. Robillard stated he would move for a denial of the request basically because Mr. Thompson was moting from a Mobile home park and to grant this application would open the way forma mass exodus from mobile home courts and defeat the intent of the ordinance. Mrs. Geneva Elmore argued that mobile homes are the only housing most people can obtain since banks refuse home mortgages in the area. Much discussion was held by the board with Mr. Thompson. Mr. Thompson is now renting a trailer in this park and he wants a home of his own. That is why he wants to move from this park, stated Mrs. Elmore. RESOLUTION TO DISAPPROVE APPLICATION FOR MOBILE HOME RESOLUTION NO. 75, introduced by Mr. Robillard who moved its adoption .. seconded by Mr. Streeter. WHEREAS, Michael Thompson has made application to this board for a permit to locate a Mobile home at property situated at Dawn Drive and WHEREAS, upon -proper investigation it appears that the applicant has complied with ,all of the requirements of the Ordinance regulations relating to Mobile homes in the Town of Queensbury, therefore be it RESOLVED, that there was no hardship shown on the original application therefore be it further RESOLVED, that the application of Michael Thompson be and is hereby disapproved and that the Town Clerk is hereby directed to notify him of the decision of thie board. Duly adopted by the following vote: Ayes: Mr. Barber, Mr. Robillard, Mr. Streeter, -Mr. Solomon. Noes: Mr. Demboski. Next was a resubmitted application for a mobile home permit from Gary and Sharon Greene. Mrs. Greene presented a petition from residents approving that they may locate there, on Central and Massachusetts Ave. . Mr. Joseph Murphy appeared against the application and talked to the Board why he was in favor of disapproving the application. Mr. Demboski stated that this application is very similar to the other which we just turned down. I would like to have seen a public hearing on that application. We have the same situation on this application of a trailer moving out of another court. In Mr. Thompsons case there was no opposition .—from the landowners. Based on the decision of the board in the Thompson case I see no alternative but to turn down also the Greene application. RESOLUTION TO DISAPPROVE APPLICATION FOR MOBILE HOME RESOLUTION NO. 76, introduced by Mr. Robillard who moved its adoption seconded by Mr. Barber. WHEREAS, Gary and Sharon Greene of South Glens Falls, N.Y. has made application to this board for a permit to locate a Mobile Home at property situated at .Central and Mass. Ave. and WHEREAS, upon proper investigation it appears that the application complies with all the requirements of the Ordinance regulations relating to mobile homes inthe Town of Queensbury, therefore be it RESOLVED, that there was no -hardship shown.on the original application therefore be it further RESOLVED, that the application of Gary and Sharon Greene be and is hereby disapproved and that the Town Clerk is hereby directed to notify them of the decision of this board. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. Copies of a Care and Control Law for Dogs were passed out to Board members for future study at workshop sessions. The Police Activity report for the month of March was read by the Clerk and placed on file. An announcement concerning Clean up weeki°°May 1st through the 5th was made by the Supervisor. A reminder was also issued for people over 65 who can file for their partial tax exemption that Friday April 28 will be the last working day before the 1st day of May in which they can file. Reminded the Board of the Loyalty Day parade on Sunday -April 30. The meeting was declared open to the public. Francis Fish raised a question about a subdivision on Wintergreen Road. George Liapes, Building Inspector explained that the developer had submitted revised plans for conforming lots. These were approved by the Town Planning Board and the Dept. of Health. 7n regard to the landfill, Mr. Fish complained about the rubbish being left utside of the gate on Sundays and why doesn't the board let Commercial trucks _use the dump on Sundays. Mr. Fish also heard that the Board was considering closing the landfill on Sundays. Mr. Solomon replied that if we let Commercial trucks in on Sundays are ptoblem in getting the material covered will magnify. We have considered putting a container outside the gate for Sunday trash. We have considered closing the landfill on Sundays because other landfill areas are also closed. Mr. Fish asked about closing the landfill to all on Sundays and also the possibility of opening up the landfill two .evenings a meek the same as the Town of Moreau. Mr. Barber stated that the Board is considering this. Pliny Tucker publicly thanked the Board and the Police Dept. for the cleaning up. of Junk cars in the West Queensbury sections. Dr. Huested asked about the appeal in regard to the Ski and Shore Corp. which was tabled two weeks ago. Mr. Solomon stated that this matter would be coming up a little later this evening. RESOLUTION TO ISSUE JUNK YARD LICENSES FOR CALENDAR YEAR 1972 RESOLUTION NO. 77, introduced by Mr. Streeter who moved its adoption seconded by Mr. Demboski. WHEREAS, the following applicants have made application to the Town Board of the Town of Queensbury- for the renewal of their Junk Yard Licenses for the year 1972, and said applications have been accompanied by the proper license fee of $25.00 in accordance with the Queensbury Junk Yard Ordinance as adopted on June 9, 1966. NAME ADDRESS Pete Mosher Pasco Ave. Glens Falls, N.Y. Roland.Mandigo Luzerne Road, Glens Falls, N.Y. Robert Sanders Van Dusen Road. Glens Falls, N.Y. Morgan Keith Combs Van Dusen Road, Glens Falls, N.Y. West Side Auto Supply Inc. Corinth Road, 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 1972, 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. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. Mr. Solomon noted that the Agreement regarding the expenditure of Highway moneys between the Town Board and the County Superintendent of Highways is on file in the office of the Town Clerk. RESOLUTION TO AUTHORIZE AND APPROVE AGREEMENT REGARDING EXPENDITURE OF HIGHWAY MONEY RESOLUTION NO. 78, introduced by Mr. Demboski who moved its adoption seconded by Mr. Robillard. WHEREAS, in accordance with the provisions of Section 284 of the Highway Lawan annual agreement has been reached between the Queensbury Town Board and the Superintendent of Highways as follows: 1. General Repairs - Primary work and general repairs upon 121 miles of town highways $97,940,00 2. Permanent Improvements - the sum of $27,000.00 for Meadowbrook Road Sunset Trail and Pickle Hill Road, and WHEREAS, a copy of the agreement is on file in the Town Clerk' s Office, therefore be it RESOLVED that this agreement shall be effective as of March 1, 1972. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: Mr. Barber. RESOLUTION TO MAKE APPLICATION TO THE NEW YORK STATE DIVISION FOR YOUTH FOR APPROVAL OF- RECREATION PROJECT RESOLUTION N0. 79, introduced by Mr. Streeter who moved its adoption seconded by Mr. Barber. WHEREAS, the 1972 town budget has made provision for a continuation of the Town Recreation Program, and WHEREAS, it is believed that the town is eligible -to receive State Aid under the State of New York Division for Youth, therefore be it RESOLVED, that the application to the New York State Division for Youth for approval of the Recreation Project is hereby authorized and that the Supervisor of the Town is hereby authorized and directed to execute such application -on behalf of the Town of Queensbury. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. Mr. Solomon read the following letter regarding the Ski and Shore Corp. Hon. Gerald B. Solomon Supervisor Town of Queensbury Town Office Building Bay Road RD #1 Glens Falls, New York, 12801 Re: Ski and Shore Corp. vs. George P. Liapes, Building Inspector Dear Gerry: -Herewith please find copies of the following documents in the above referenced matter: 1. Decision of Hon. John J. O'Brien, Supreme Court Justice 2. Order entered March 10, 1972 3. Notice of Appeal filed April 10, 1972 Copies of said documents are also being provided to each Town Board member. We have been contacted by Louis M. Carusone, Esq. , as attorney for the residents of Glen Lake and he indicated their desire to join in this appeal as interested parties. They would have to receive permission of the Appellate Division to do this. We can discuss this further at -your convenience. Respectfully yours Harold W. Katz Town Counsel ThM se documents are on file in the office of the Town Clerk. Mr. Solomon stated that in the courts opinion the Town Board acted iilegaly when they rezoned the property R-3. Now the Town Board has two alternatives and that is to pass a resolution to perfect the Appeal or to pass a resolution to withdraw the appeal. Mr. Robillard I believe the Town Board did act properly. I move that -we perfect the appeal. We must make a stand. -We have the Infirmary a Health camp and our Gurney Lane Recreation area there and this is not the place for Commercial growth. I do not believe pollution is a factor but I do believe it should stay residential. Mr. Streeter - I would like to second the motion of Mr. Robillard. My belief is that the Town Board did act properly and we would be remiss to not perfect thi,J appeal. Mr. Solomon - I have worked with both this Board and also with two other Board members who are no longer on the Board and I still feel the same, that this property should remain Commercial. The Motel operation would be a good Buffer Zone from the Northway. My feelings have not changed. I have discussed the matter with friends and some engineers and they say there is no possibility of pollution of Glen Lake if this complex is built. We are now going through a new Planning study and in this study they show that this property is unsuitable for housing projects and should be zoned commercial to get the best use out of it. I believe the Town Board has an obligation because of the expanded residential growth in the Town. People are choosing Queensbury as a good place to live. We are proud of the fact that we have kept our tax rate down -the same as it was in 1968. To do this we has to fight to keep industry ►.re and also fight to bring more into the state. We have had to fight for -" ,_1ditional jobs. I feel that Judge O'Brien has made his ruling, I will vote no to perfect the appeal. This will cost us at least another $2000.00 and it may go even further. Mr. Demboski - Two years ago I voted to continue the residential zoning of this property. I donot think the pollution of Glen Lake was completely proven at that time. Since that titef-there has been more construction along Route 9 with no problems. The Northway has proven to be a good Boundary line for Residential and Commercial development. As time has gone on I have changed my mind. The planners- Murphy and Krens have told us that properties along the Northway exits should be zoned commercial. Therefore if Mr. Robillard does introduce the motion to perfect the Appeal I will vote No. Mr. Barber - I find that the decision on this matter now rests with me. �o Two years ago when I was sitting in on this discussion as a resident of Glen Lake and a member of the Association I was an opponent to the Ski and Shore Corp. Now I find myself sitting here as a Councilman of the Town and I must make a decision as a councilman. I feel that this issue is going to effect the entire town. When I was here before I acted emotionaly rather than intelligently. It is difficult now to sit here and eat crow. I object to the appeal on the basis that I believe that there will be no pollution of Rush Pond or Glen Lake however the appeal before us is not on the issue of pollution but on a point of law, whether the Town Board acted in good faith. The Town Board made a decision, the Supreme Court reversed the decision and now the Town Board has to make a decision on a point of law not on pollution which was the original controversy. There are other violaters along Route. 9 in which the Glen Lake Assoc. --�' has not said anything. There is also a guarantee from the engineers hired by the Ski and Shore Corp. that Glen Lake and Rush Pond will not be polluted. On that basis in all good conscience I vote no on this appeal. Mr. Robillard - I do not believewe should follow everything that Murphy and Krens say. Gerry says that we are shirking our duty if we do not approve this. I believe we are shirkinE our duty if we do approve it. I do not go along with a lot of their z8nigg. Mr. Barber - It seems that you do not accept commercial development in this area. Your point is not whether it is going to pollute Rush Pond or Glen Lake. Mr. Robillard - I stated this, yes. Mr. Barber - There are five men on this board all of different opinions. Yours is that there will be no commercial development there. Mr. Robillard - I think we also acted legally Mr. Barber - This episode started on a point of ecology and now we are . confronted with a point of law. . Mr. Demboski - In looking at proper land usage, I am concerned in the lack of Commercial growth in the town. We have to look at the Interstate and Northway as a natural place for tourism. I think that it is time to put ,. this issue to rest. Mr. Robillard - I will still move that we perfect the appeal. Mr. Streeter - the question before us is whether the action taken was legal or not. Mr. Robillard - I hope we do not take this route out on every case that we have. I think we have a moral obligation to have this appeal perfected. Mr. Barber - My thinking was that it was voted to residential two years ago because of the ecological hazard to Rush Pond and the area. Therefore I do not think that we have a moral obligation on that basis. Mr. Robillard - No 150 people in this town can force me to do anything. I did this with a clear conscience and I still say that this belongs R-3. j Mr. Barbed - I am convinced that the board voted the way they did was that they were worried about the pollution factor. Mr. Robillard - We should forget that and just look at the parcel. Mr. Solomon - if there were to be a residential development in this area '- of about 50 homes there would be an equal pollution problem. Dr. Huested - pleaded with the board to pursue the appeal. The board has a moral obligation to do this. of Pliney Tucker - Asked Mr. Katz about the time involved in asking for an appeal. Mr. Katz replied that it would take between 30 and 45 days or perhaps 60 days. Mr. Tucker stated that it would be $2000.00 well spent to find out if you are right or wrong. Mr. Robillard asked Attorney Nolan if the decision went the other way would he appeal it. Mr. Nolan replied that he would have to read the decision. Mr. Robillard stated to Mr. Nolan that our Town Attorney has advised us not to take Justice O'Brien' s decision. Mr. Streeter - I guess I was the originator of the term "moral and ethical" It did not pertain to anyone on this board as a personality. This is not a game this is reality. Our Town Counsel told us that we had a chance to win this appeal. This is what I meant when I said we had a moral and ethical responsibility of perfecting the appeal. Barber Mr. Robillard - I move to table this becatus3d CouncilmaMhas indicated that he does not wish to vote tonight, he would like more time to look into this matter. Mr. Barber - Morally there is more to this than a point of law. The only reason I am abstaining is that I am not convinced that that property should be residential or commercial. Mr. Katz - At the request of Mt. Solomon Mr. Katz explained the course of events. Justice O'Brien!s March 10 decision directed Building Inspector George Liapes to issue a permit to Ski and Shore. The notice of Appeal filed on March 30 was an automatic stay that will remain in effect indefinitel3 If within reasonable time the town does not perfect the appeal, Ski and Shore may make a motion for dismissal. In that case the court can grant the motion subject to the town's perfecting the appeal by a specified date. If the appeal is not perfected in that time the action will be dismissed. Katz pointe d out that action brought by Ski and Shore was against the Building Inspector, not the Town Board. Our argument is that Mr. Liapes acted correctly because the property was legally zOned R-3 and further that his actions were not unreasonable because Ski and Shore had not exhausted all its administrative procedures in asking for a variance before the Zoning Board of Appeals. The following resolution was introduced somewhere during the proceedings: RESOLUTION DIRECTING PROSECUTION OF APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT RESOLUTION NO. 80, introduced by Mr. Robillard who moved its adoption seconded by Mr. Streeter. WHEREAS, the Hon. John J. O'Brien, Supreme Court Justice, has made a decision in the matter in the matter of Ski and Shore Corp. vs. George P. Liapes, Building Inspector of the Town of Queensbury which directs the said Building Inspector to issue a building permit to said Ski and Shore Corp. , and WHEREAS, said decision is deemed not to be in the best interests of the residents of the Town of Queensbury, it is RESOLVED, that the Supervisor of the Town be and he hereby is authorized and empowered to retain Harold W. Katz, Esq. , as counsel in this matter to prosecute an appeal to the Appellate Division of the Supreme Court upon such terms as said Supervisor deems proper and advisable. This resolution failed to come to a vote. RESOLUTION TO TABLE RESOLUTION NO. 80 FOR TWO WEEKS RESOLUTION NO. 81, introduced by Mr. Robillard who moved its adoption seconded by Mr. Streeter. WHEREAS, that due to the discussion held on the matter of Ski and Shore it seems that more time is necessary to examine the situation, therefore be it RESOLVED, that resolution No. 80 be tabled for further study for a period of two weeks. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes None. 82 RESOLUTION TO ADVERTISE FOR BIDS FOR A CHIP SPREADER RESOLUTION NO. 82, introduced by Mr. Demboski who moved its adoption seconded by Mr. Robillard. WHEREAS, Carl Garb, Highway Superintendent has recommended to the Board that we purchase a new Chip Spreader, therefore be it RESOLVED, that the Town of Queensbury solicit sealed bids four the purchase of a new Chip Spreader 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 for a new Chip Spreader for the Highway Dept. 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 18th day of May, 1972 at the Town Clerk' s office in the Queensbury Town Office Building, Bay and Haviland Roads, Glens Falls, New York. Bids must be submitted in sealed OPAQUE envelopes plainly marked Chip Spreader Bid and there shall be included in such bid the Certificate of Non-Collusion required by Section 103D of the General Municipal Law and the bidder must state the approximate date of delivery. The Town Board will meet at the Queensbury Town Office Building at 5:15 P.M. on the 18th day of May, 1972 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. Demboski, Mr. Barber, Mr. -Robillard, Mr. Streeter, Mr. Solomon, Noes: None. On motion the meeting was adjourned. Respectively submitted, Donald A. Chase, Town Clerk