Loading...
1972-05-11 Regular Meeting May 11, 1972 Members present: Gerald B. Solomon Supervisor Lloyd Demboski Councilman Robert Barber Councilman Harold Rob illard Councilman Gordon Streeter Councilman Harold Katz Town Counsel The meeting was opened at 8:35 P.M. with a salute to the flag. The Supervisor greeted the following visitors: Russell Harris Marshall Harris Florence Mcllvaine Mr. and Mrs. Walter Robinson Mr. and Mrs. Lester Huested Mr. and Mrs. Tromblee Sharon Greene Mr. and Mrs. Jose Gonzales Ed Waters Gary West Mr. and Mrs. Myron Harrington Mr. and Mrs. Joe Murphy Kip Grant Mr. and Mrs. Paul Brandt Gerald Cashion Harold Boynton George Liapes Mr. and Mrs. Charles Atwell- Thomas Flaherty John Austin Carolyn Lipps James Coccia Mrs. William Lansing Mrs. Ethel Mattison First on the agenda was a bid opening for a new garden tractor for the Town Office Building. Proof of publication was shown by the Clerk. There were six bids received and all were accompanied- be Certificates of Non-Collusion. The bids were: Smith Equipment $1314.95 West Mountain Sales 1475.00 West Snowmobile Repair 1389.50 Gray Truck and Equipment Sales 1345.00 Quackenbush' s Sales and Service 1490.00 South Hartford Equipment Co. 1455.15 The bids were turned over to Tom Flaherty for his consideration. Next was the public hearing on the mobile home application of Carolyn Jean Lipps. The hearing was opened at 8:45 P.M. Proof of publication was shown by the Clerk. There was no one to speak for or against the application. The hearing was closed at 8:50 P.M. After a short discussion the board tabled the application for clarification of lot sizes. Next was the public hearing on the mobile home application of Ethel Matteson. The hearing was declared open at 8:52 P.M. Proof of publication was shown by the Clerk. There was no one to speak for or against the application. The hearing was declared closed at 8:55 P.M. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION N0. 83, introduced by Mr. Robillard who moved its adoption seconded by Mr. Demboski. Whereas, Ethel Matteson of Burch Road 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 locate7a mobile home of property situated at Burch Road and WHEREAS, this town board had 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 Ethel Matteson to locate a mobile home at property situated at Burch Road and that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordinance. 84 Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. The mobile home application of Bernard Swinton and Jose Gonzales were tabled till the next meeting because they have not been yet investigated by the Town Board. Next was a reapplication for a mobile home permit from Gary and Sharon Greene. Mr. Joseph Murphy approached the board and presented petitions dated April 1965 and April 1972 with names opposing any mobile home to be put on that site. Both Mrs: Greene and Mr. Murphy talked to the Bard a considerable length of time but their discussions could not be heard for entry into the minutes. Mrs. Greene' s mother giving her name as Mrs. O'Malley felt her the boy was being discriminated against. If he is good enough to fight for his country why can't he chose where he wants to live. Mr. Tromblee stated that he^ lives across thr road and that they have cleaned up the lot a great° deal. Mrs. Kenneth LaFountain spoke out and said that she would like to see them there. She believes they would be good neighbors. Councilman Robillard again stated that his position was unchanged from two weeks ago. To grant the application would set a precedent for a mass exodus from mobile home courts to private lots. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 84, introduced by Mr. Demboski who moved- its adoption seconded by Mr. Barber. WHEREAS, Gary and Sharon Greene have 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 Massachusetts Ave. 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 applicatior 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 June 8, 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. Streeter, Noes: Mr. Robillard, Mr. Solomon. Next was the mobile home application of Robert LeFebvre to locate a mobile lvme on Homer Ave. for one of his workers until November, 1972. Mr. Robillard disapproved of the application because it was.,not`made out in the applicant' s name. ' e RESOLUTION TO DISAPPROVE APPLICATION FOR MOBILE HOME RESOLUTION NO. 85, introduced by Mr. Demboski who moved its adoption seconded by Mr. Barber. WHEREAS, Robert LeFebvre has made application to this Board for a permit to locate a mobile home at property situated at Homer Ave. 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 this application therefore be it further RESOLVED, that the application of Robert LeFebvre be and is hereby disapproved and that the Town Clerk is hereby directed to notify hime of the decision of this board. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Noes: Mr. Solomon. '64A At this time the meeting was opened to the public. Mr. James Coccia protested to the Glens Falls Police Dept. firing range on city watershed property in the Town of Queensbury.. He noted .the property is unmarked and unfenced and within 300 feet of a school bus stop. He told of children watching target practice, playing dead after some shooting and later digging bullets from the ground. He displayed to the Board human figures used as targets and state an atrocity is being committed in the towq. He �J explained that he realized that the expertise of the police must be established but he said another site should be found. He pointed out that the Queensbury Town Police use the rifle range at Queensbury School. Myron Harrington complained that the Town landfill had not been covered for two days and also brought photographs of conditions at a housing development in Jenkinsville Mr. Solomon stated that both of these situations would be looked into. Mr. Gerald Cashion critisized the handlingof a mobile home application of Marshall Harris. He stated the legal description ad was misleading. The trailer was advertised as going on the Old Cronin Road a road which many new persons in the area never heard of. He protested tha trailer being there because it brings down the value of homes in the area. Mr. Solomon stated that that portion of the road where the trailer is going is a Town road by Town use and has been for man y years. This is shown by a map I have in my office. This was a severe hardship case and the permit was given to the man who lived in this area all his life. Mr. Solomon stated that he doubted very much if another trailer would go in there. Mrs. William Lansing representing a group of people from the West Mountain ? Road area Complained about a cellar residence which had junk cars, open sewage, dogs and roosters. George Liapes the Building Inspector was asked if this man had a Building Permit for this cellar. Mr. Liapes answered "No" and that he believed he eeded one. Mr. Solomon assured the people present that this matter would be taken care of. The Police and Water Dept. reports for April were read and placed on file. Mr. Solomon announced that engineering work on the new filtration plant is nearly completed and that the project whould be ready to go for bids at the end of this month or in J11ne. Mr. Solomon read a memo from the Police Dept. chief Gilbert Schlierer stating that David Hull and Joseph Berry have successfully completed their police training school and are eligible for an increase in salary. RESOLUTION AUTHORIZING INCREASE IN SALARY RESOLUTION NO. 86, introduced by Mr. Robillard who moved its adoption seconded by Mr. Barber. WHEREAS, this Board has been. notified by Chief Gilbert Schlierer that Patrolman David C. Hull, and Patrolman Joseph V. Berry have successfully completed a Municipal Police Training School thereby qualifying themselves for an increase in salary, therefore be it RESOLVED, that the yearly salary of David C. Hull and Joseph V. Berry is hereby increased by $200, from $6,600.00 to $6800 per year effective with —he May 18th payroll Number 10. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. The Highway Report, Supervisor' s report, Town Clerk's report, Justice fees, and Building and Zoning report for the month of April were placed on file. j - 1 The Supervisor passed out to the Board members copies of the proposed Civil Service Contract which is still being negotiated, the financial status of the town for the first four months of 1972, and updated copies of the recent Zoning meetings held with Murphy and Krens. 86 RESOLUTION FOR THE RENEWAL OF A CAPITAL NOTE TO FINANCE THE PURCHASE OF SNOW REMOVAK EQUIPMENT RESOLUTION NO. 87, introduced by Mr. Demboski, who moved its adoption seconded by Mr. Robillard. WHEREAS, pursuant to Resolution No. 98 dated April 29, 1971, this Board authorized the Supervisor to issue a Capital Note in the amount of $17,008.00 to finance the purchase of a Mercedes Benz Unimog Tractor, Type 406, equipped with a Schmidt Type S-3 PTO Driven Snow Blower with precutter and loading chute, and WHEREAS, the Supervisor did issue a Capital Note in the foregoing amount and said note matured on April 30, 1972, and WHEREAS, this Board desires to pay the accrued interest and $6,008.00 of principal on said note and to finance the balance of principal due by the .� issuance of a renewal Capital Note in the amount of $11,000.00 to mature April 30, 1973, NOW THEREFORE BE IT RESOLVED, 1. The specific purpose or object for which said obligation is to be issue& pursuant to this resolution is to finance the balance of the cost of the purchase of said Mercedes Benz Unimog Tractor. 2. The following determinations are hereby made: (a) A period of probable usefulness of such machinery is five (5) years. (b) The subdivision of paragraph "a" of Section 11.00 of the Local Finance Law is applicable in the circumstances is subdivision "28". (c) The proposed maturity of the obligations authorized by this resolution will not be in excess of five (5) years. 3. That the Town of Queensbury renew its capital note in the amount of $11,000.00 to finance. such cost in accordance with the financial plan set forth above. Such note shall be dated approximately April 30, 1972, and the power to fix and determine the exact date of such note is hereby delegated to the Supervisor. 4. Such capital note shall be numbered 2, and shall mature one year from the date thereof. The power td fix and determine the dates upon which such note shall become due and payable is hereby delegated to the Supervisor. The note shall be issued in bearer form, shall not contain a power to convert to registered form, and shall bear interest at a rate not exceeding four and one-quarter per cent (4 1/4%) payable annually. Such note shall be in substantially the following form: UNITED STATED OF AMERICA STATE OF NEW YORK No. 2 County of Warren $113,000.00 Town of Queensbury Renewal Capital Note of 1972 The Town of Queensbury in the County of Warren, a municipality of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the bearer of this note the sum of $11,000.00 on the 30th day of April, 1973,- together with interest thereon from the date hereof at the rate of four and one-quarter percent (4 1/4%) per annum, payable annually. Both principal of and interest on this note will be paid in lawful money of the United States of America at the office of Glens Falls National Bank and Trust Company, Glens Falls, New York. This note may not be converted to registered form. This note is one note of an authorized issue, the aggregate principal amount of which is $112000.00. This note is issued pursuant to the provisions of a resolution entitled " Renewal Capital Note Resolution" duly adopted by the Town Board of such Town of Queensbury on May 11, 1972. The faith and credit of such town of Queensbury.are hereby irrevocably . pledged for the punctual payment of the principal and interest on this note according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and Statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this note, exist have happened and have been performed, and that this note, together with all other indebtedness of such Town of Queensbury, is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Queensbury, New York, has caused this note to be signed by its Supervisor, and its corporate seal to be hereunto affixed and attested by its Town Clerk and this note to be dated aw-of the 30th day, of April, 1972. (Town Seal) Town of Queensbury, New York Attest: By Gerald B. Solomon Donald A. Chase its Supervisor Town Clerk of the Town of Queensbury, New York 6. The Supervisor is hereby delegated the power to prepare such note and to sell such note at private sale at not less than par and accrued interest, and �t such sale to fix the interest rate to be borne by such note within the imitations set forth in this resolution. - The Supervisor shall deliver such '—note to the purchaser thereof. The powers delegatedoto the Supervisor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 7. This resolution shall take effect immediately. Duly adopted this 11th day of May, 1972 by the following vote: Ayes: Mr. Demboski,-Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon, Noes; None. Mr. Robillard then asked that the Board put resolution No. 80, which was tabled at the last meeting, back on the floor for discussion. Dr. Lester Huested in speaking on this matter stated that there was nothing different today ;then there was two years. ago . The facts are the same, the changing of zoning is the same, the pollution factors are the same. He stated. that although the consultants engaged to update the master plan envision commercial zoning for the Gurney Lane intersection, such development is predicated on future sererage, not immediate use. Dr. Huested asked the Board to carry through this appeal in the interest of fairness and justice. We are not asking any special privilege. All we ask is that you get the findings of the court. This order is based on one man' s )pinion.,- If you have an opinion from the Appellate Division it would be much pore binding, much fairer and much broader, and it is our feeling that Judge O'Brien did not have a full picture of the whole background and all of the legal techni6ilities. Mrs. Walter Robinson and Mrs. John Callahan seconded Dr. Huested' s remarks. RESOLUTION TO BRING RESOLUTION NO. 80 BACK ON THE FLOOR RESOLUTION NO. 88, introduced by Mr. Streeter who moved its adoption seconded by Mr. Robillard. RESOLVED -, that Resolution no. 80 to Perfect the Appeal of Judge O'lBrien' s decision be placed back on the floor. Duly adopted by the followingvote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. Mr. Robillard stated that the Board has had two more weeks to study this problem and asked that we vote on Resolution No, 80 at- this time. Mr. Solomon asked the Town Counsel for a legal interpretation of the question as to whether,should the resolution fail, would a second resolution in the form of an affirmative statement be required. A recess was Balled while Mr. Katz consulted the appropriate sections of the law and he found -that a second:_ resolution was not necessary. 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 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 interest 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. Duly adopted by the following vote: Ayes: Mr. Barber, Mr. Robillard, Mr. Streeter Noes: Mr. Demboski, Mr. Solomon. RESOLUTION TO ADVERTISE FOR BIDS FOR RUBBER TIRED 4-WHEEL DRIVE TRACTOR BACKHOE LOADER RESOLUTION NO. 89, introduced by Mr.- Demboski who moved its adoption seconded by Mr. Robillard. WHEREAS, the Cemetery Commission has recommended to the Board that we purchase a new rubber tired 4-Wheel Drive Tractor Backhoe Loader for cemetery use, therefore be it RESOLVED, that the Town of Queensbury solicit sealed bids for the purchase of a- new rubber tired 4-wheel Drive Tractor Backhoe Loader 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 rubber tired 4 wheel drive tractor backhoe loader for the Pine View Cemetery. 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 8th- day of June, 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 Rubber Tired 4 Wheel Drive Tractor Backhoe Loader 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 8:00 P.M. on the 8th day of June, 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. RESOLUTION TO ACCEPT TRACTOR BID RESOLUTION NO. 90, introduced by Mr. Demboski who moved its adoption} seconded by Mr. Robillard. RESOLVED, that after reviewing the six bids received earlier in the meeting for a garden tractor for the Town Office Building, the- Board decided. to accept the bid of Smith Equipment for an International Harvester Cub Cadet 1972 Model 149 at a price of $1314.95. Duly adopted by the following vote: Ayes: Mr. Demboski, W. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 91, introduced by Mr. Demboski who moved its adoption seconded by Mr. Robillard. RESOLVED, that the Audit of Bills as listed on Abstract 72-5 numbered 526 through 654, totaling $58,646.73 is hereby approved. ..' Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon, Noes: None. Mr. Solomon turned over to the Clerk a petition for -Sidewalks on Dixon Road circulated by Lynn Aronson of 21 Dixon Ct. to be placed on file in the Clery s office. On motion the meeting was adjourned. Respectfully submitted Donald A. Chase, Town Clerk