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1972-05-25 70 Regular Meeting May 25, 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 at 8:22 P.M. with a salute to the flag. The Supervisor greeted the following visitors: Carl Bradway Mary Lou Quinn Kip Grant Carolyn Lipps Jose Gonzales Mrs. Elmore Carl Garb Harold Boynton George Liapes Mrs. Donald Fisk Mr. and Mrs. Joe Murphy Bernard Swinton Supervisor Solomon read a quarterly report from the Normandy TV Cable Co. Inc. The report showed Installations $406.54 Monthly Service °216.00 622.54 6 % Franchise Agreement $37.35 Since this amount does not exceed our prepayment, no remittance is enclosed. ie: Prepayment $2000.00 less 37.35 Balance on deposit 1962.65 Next on the agenda was a public hearing on the Mobile Home application of Mrs. Verna Lavery. The hearing opened at 8:24 P.M. Proof of -publication was shown by the Clerk. No one spoke for or against the application. The public hearing was closed at 8:30 P.M. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 93, introduced by Mr. Solomon who moved its adoption seconded by Mr. Streeter. WHEREAS, Mrs. Verna Lavery has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury entitled: ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK to locate a mobile home outside of a duly licensed mobile home court at property situated at W. Ohio Ave. 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 on the condition that the applicant also obtains a variance from the Zoning Board of Appeals because of the setback lines not conforming with the ordinance, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance permission is hereby given to Mrs. Verna Lavery to locate a Mobile Home at property situated at W. Ohio Ave. 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. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. On May 11, 1972 the Town Bard conducted a public hearing on the mobile home application of Carolyn Lipps but postponed a decision pending further i investigation. The application was again brought before the Board this evening. Supervisor Solomon asked the Town Counsel Harold Katz to explain to Mrs. Lipps his legal findings. A ` Mr. Katz explained that her land consists of 4 separate lots which are 100 feet by 30 feet each. You have at present a foundation on the lot for a home. I understand that it is your intention to put a mobile home in the center of these lots and there was some indication that you intend to deed one half to someone else and the other half to youself. This said Mr. Katz cannot be done because you would be creating two non conforming lots. The only way it can be done is to close up this foundation then we could consider the application because it would have just one living quarters on the lots~ Mr. Solomon suggested to Mrs. Lipps that rather than to deny the application at this point she should spend a little more time and think over the matter, then inform the Building Inspector of her plans if she does decide to change them. In the meantime the board will table the application .indefinitely. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 941ntroduced by Mr. Demboski who moved its adoption seconded by Mr. Barber. WHEREAS, Jose Gonzalez of Homestead Village- 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 at property situated at Corinth Road and Indiana Ave. and WHEREAS, it is hereby determined that said application complies with the requirements of said ordinance, and WHEREAS, it is hereby determined that said applications facts presented 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 June 22, 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 application in accordance with the provisions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Streeter,. Mr. Solomon. Noes: Mr, Robillard. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 95, introduced by Mr. Barber who moved its adoption seconded by Mr. Demboski. WHEREAS, Bernard Swinton, Jr. has made application 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 at Dawn 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 fact-o presented in said application are sufficient to justify further consideration by this board, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance the Town Board shall conduct a public hearing on said application on June 222 1972 at 8:15 P.M. in the Queensbury Town Office Building, Bay Road and that the Town Clerk is hereby authorized and directed to give the 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. RESOLUTION TO CHANGE NAME OF TOWN HIGHWAY RESOLUTION NO. 96 introduced by Mr. Solomon who moved its adoption seconded by Mr. Demboski. WHEREAS, the Highway Superintendent Carl A. Garb did on May 25, 1972 recommend the changing of the name of a town road from Old Dump Road to Northway Lane therefore be it RESOLVED that the name Old Dump Road be changed to Northway Lane. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. 72 RESOLUTION TO CHANGE NAMES OF TOWN HIGHWAYS RESOLUTION NO. 97, introduced by Mr. Barber who. moved its adoption seconded by Mr. Demboski. RESOLVED , that at the request of Carl A. Garb, the Town Highway Superintendeni the following changes be made of road names on Assembly Point: The portion of road from 9L to the intersection of Honeysuckle Lane he called New Assembly Point Road as it is now. From Honeysuckle Lane to the East property line of Dr. Elsey' s property be known as Bay Parkway. From Dr. Elsy' s to the dead end be known as Lake Parkway. Also, the last road that connects the road on the east with the one on the west be known as Crossover Lane. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. RESOLUTION TO DELETE PORTIONS OF HIGHWAYS FROM THE TOWN HIGHWAY SYSTEM RESOLUTION NO. 98, introduced by Mr. Robillard who moved its adoption seconded by Mr. Streeter. WHEREAS, recommendation has been presented by Carl Garb the Highway Superintendent to the Town Board of the Town of Queensbury that certain changes be authorized in the Town Highway system and WHEREAS, due consideration has been given to such recommendation by said Board, thereby be it hereby RESOLVED, that the Highway system of the Town of Queensbury be and hereby is amended as follows: That highway (or portion thereof) known as (or to be known as) June Drive and by number 222 beginning at Aviation :Road and continuing in a Northerly direction a distance of 0.02 hundredths of a mile and ending at June Drive is hereby removed from the Highway system - of the Town of Queensbury and also that highway (or portion thereof) known as (or to be known as) West Mountain Road and by number 244 beginning at County Road 58 and continuing in a North and Easterly direction a distance of 0.70 hundredths of a mile and ending at County Road 23 is also removed from the highway system of the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, M�. Solomon, Noes: None. RESOLUTION TO ABANDON TOWN HIGHWAY RESOjAjn% NO. 99, introduced by Mr. Robillard who moved its adoption seconded by Streeter. WHEREAS, reco dation has been presented by Carl Garb the T ghway Superintendent to Town Board of the Town of Queens b that certain changes be authorized the Town Highway system WHEREAS, due consideratio as been given ch recommendation by said Board, therefore be ie hereby RESOLVED, that the Highway s f the Town of Queensbury be and hereby is amended as follows: ighway wn as Peters Road and by number 146 beginning at Pete ad and continuing a Easterly direction a distance of 0.16 hu the of a mile and ending at to 9 is hereby removed from the ay system of the Town of Queensbury an dded to the Highway stem of the State of New York. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streete , Mr. Solomon. Noes: None. RESOLUTION TO ADD TO THE TOWN HIGHWAY SYSTEM RESOLUTION NO. 100, introduced by Mr.- Demboski who moved its adoption -- seconded by Mr. Barber. WHEREAS, recommendation has been presented by Carl Garb the Town Highway Superintendent to the Town Board of the Town of Queensbury that certain changes be authorized in the Town Highway system and WHEREAS, due consideration has been given to such recommendation by said Board, therefore be it hereby.. RESOLVED that the Highway system of the Town of Queensbury be and hereby is amended as follows: That highway known as Greenway North and by number 113 beginning at Aviation Road and continuing in a Northerly direction a distance of 0.06 hundredths of a mile and ending at Greenway North is hereby RESOLUTION NO. 99 INTRODUCED BY MR. ROBILLARD, WHO MOVED ITS ADOPTION i SECONDED BY MR. STREETER P WHEREAS , CARL A. GARB, Town Superintendent of Highways of the Town of Queensbury, Warren County, New York, has certified that the certain town highway known as Peters Road and designated as Town Road No. 146 has not been opened or worked for more than six years last past, and that the same is no longer used as a public highway, NOW THEREFORE BE IT RESOLVED, that as provided by New York State r . Highway Law, Section 205, said town highway known as Peters Road and designated as Town Road No. 146 be and the same hereby is deemed abandoned as a town highway. Duly adopted this 25th day of May, 1972 by the following vote: AYES : Mr. Demboski, Mr. Barber, Mr . Robillard, Mr. Streeter and Mr. Solomon. NOES : None i 7b added to the Highway system of the Town of Queensbury, and also that highway known as Aviation Road and by number 112 beginning at Greenway North and continuing in a Easterly direction a distance of 0,18 hundredths of a mile and ending at Turn Around is hereby added to the Highway sy'-stem of the Town of Queensbury and removed from the Highway system of the State of New York and also that Highway known as June Drive and by number 222 beginning at June Drive and continuing in a- Easterly direction a distance of 0.11 hundredths of a mile and ending at Carlton Drive is also added to the Town Highway System. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. rNoes: None. At this time the meeting was opened to the public. Mr. George Liapes asked about who was going to take care of the State property as far as mowing and lawn care. Mr. Solomon stated that this property was still in State hands and it would be up to them to take care of it. Mr. Liapes was referring to the property near Greenway North. Mary Lou Quinn asked about the replacement of road signs along Carlton Drive etc. Mr. Garb replied that they were on order and could arrive soon. Mr. Solom9on announced that bids for the new transmission lines can be let within ten days and for the new Filtration plant within a month. RESOLUTION TO REGULATE THE USE OF WATER IN THE TOWN OF QUEENSBURY RESOLD VN NO. 101, introduced by Mr. Solomon who moved its adoption seconded by Mr. Barber. WHEREAS, the Town-Board deems it necessary to conserve the water supply of the Town of Queensbury and WHEREAS, under Ordinance #29 ORDINANCE TO REGULATE THE USE OF WATER IN THE TOWN OF QUEENSBURY DURING THE EXISTENCE OF EMERGENCIES, the Town Board shall direct the Superintendentof the Water Department to prepare a proclamation, therefore be it RESOLVED, ,that the Town Board does hereby authorize and direct the Water Superintendent to prepare such proclamation prohibiting all users of said water supply from using the same or any part thereof for the sprinkling -or irrigation of lawns, ornamental plants, shrubs or trees, or domestic gardens, washing motor vehicles, or limiting such use to certain hours of the day or certain days of the week. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. Plans for the expansion of our Gurney Lane Recreation area were outlined by the Supervisor. Some of the plans are to make new roadways back into the picnic areas, a new filtration system for the pool and a working schedule for the work crews under Mr. oy VanPatten. Mr. Solomon reminded everyone of the Memorial Day parade to be held on Monday May 29. Parade to form at 9:30 and move to Pine View Cemetery at 10:00 A.M. Councilman Gordon Streeter will be the principal speaker. On motion the meeting was adjourned. I Respectfully submitted, Donald A. Chase, Town Clerk 74 RESOLUTION FOR THE ISSUANCE OF A CAPITAL NOTE TO FINANCE THE TREATMENT OF TOWN WELLS RESOLUTION NO.. 58, introduced by Mr. Streeter, who moved its adoption, seconded by Mr. Robillard. WHEREAS, the water supply problem in the Town of Queensbury has become critical and a state of emergency is deemed to exist, and WHEREAS, Joseph A. Kestner, Jr. , licensed engineer, has recommended that the town water wells numbers 1, 2, and 4 must be chemically treated and reconditioned to restore the yi6ld of water from said wells, and WHEREAS, R.E. Chapman Co. of Oakdale, Mass. are specialists in the field of well treatment and water supply and has advised that the cost- of - chemically treating, surveying and repairing said wells would cost $10,22350! NOW, THEREFORE,BE IT RESOLVED, that a state of emergency does exist and the Town Supervisor' having entered into a contract with R.E. Chapman Co.of Oakdale , Mass. to chemically treat, survey and recondition town wells numbers 1, 2 and 4 for the sum of $10,223.50 andsaid sum not being provided for in the current budget of the Town of Queensbury, the cost of said services shall be paid for by the issuanceof a capital note of the Town of Queensbury, -and-be it further RESOLVED: 1. That the costof said services be paid a s follows: The sum of $223.50 to be paid out of current funds of said Town acid'-:,the siim4af .$10,000.00 by the issuance of a capital note of said Town pursuant to this resolution. 2. The specific purpose or object for which such obligations are to be , issued pursuant to this resolution is to finance part of the cost oc chemically treating, surveying and repairing town wells numbers 1, 2 and4. 3. The following determinations are hereby made. (a) The period of probable usefulness of such improvements is fifteen (15) years. (b); The subdivision of paragraph "a" of Section 11.80 of the Local Finance Law which is applicable in the circumstances is subdivision (2) M . (c) The proposed maturity of the obligations authorized by this resolution will not be in excess of one year. 4. That the Town of Queensbury issue its capital note in the amount of $10,000.00 to finance such cost in accordance with the financial plan set forth above. Such note shall be dated approximately as of June 8, 1972, and the power to fix and determine the exact date of such note is hereby delegated to the Supervisor. 5. Such capital note shall be numbered 1 and shall mature in the year 1973. The power to fix and determine the date 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 exdeeding five percent (570) per annum payable annually. Such note shall be in substantially -the following form: UNITED STATES OF AMERICA STATE OF. NEW YORK COUNTY OF WARREN No.l Town of Queensbury $102000.00 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 $10,000.00 on the 8th day of June, 1973, together with interest thereon from the date hereof at the rate of 3k7. 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 the Glens Falls National Bank and Trust Company, Glens Falls, New York. This note may not be converted to registered farm. This note is the only note of an authorized issue in the amount of $10,000.00. This note is issued pursuant to the provisions of a resolution entitled "Capital Note Resolution" duly adopted by the Town Board of such Town of Queensbury on March 9, 1972. The faith and credit of such Town of Queensbury are hereby irrevocably pledged for the punctual payment of the principal of 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 statues of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance pf this note, exist, havo ha pened and have been performed, and 75 that this note, together with a1X l btedness 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 hereunti affixed and attested by its Town Clerk and. this note to be dated as of the 8th day of June, 1972. TOWN OF QUEENSBURY�o NEW YORK (Town Seal) BY Gerald B. Y ATTEST: 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 saleat not less than par and accrued interest, and at such sale to fix the interest rate to be borne by such note within the limitations set forth in this resolution. The Supervisor shall deliver such note to the purchaser thereof only against cash or a certified check. The proceeds of sale of the note shall be- deposited in the Water Department Fund account. The powers delegated to the Supervisor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 7. This revolution shall take effect immediately. Duly adopted this 9th day of March, 1972, by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, and Mr. Solomon. Noes: None. Regular Meeting June 8, 1972 Members Present: Gerald B. Solomon Supervisor Lloyd Demboski Councilman Robert Barber Councilman Harold Robillard Councilman Harold Katz Town Counsel Councilman Gordon Streeter was absent due to hospitalization. The meeting was opened with a salute to the flag. 8:10 P.M. The Supervisor greeted the following persons : Iry Dean Sharon Greene Mr. and Mrs. Joe Murphy Kip Grant John Dunn Floyd Martindale Rev. Roger Day Robert Stutz Elliot Lawton Mr. Norton John Kokoletsos John Austin, Jr. Mrs. Posefsky Bererly Tromblee Foster Wadsworth Ken LaFountain Mr-s. O'Malley T. Harrington Mrs. Graves First on the agenda was a bid .opening for a tractor backhoe for Pine View Cemetery. Proof of advertising was shown by the Clerk. Three bids were —received as follows: South Hartford Equipment Co. $ 8889.00 - Gray Truck and Equipment Sales 10570.45 on one bid 9980.45 on another Ken Smith Machinery 10777.00 The bids were turned over to John Dunn, Caretaker of Pine View and Commissioner Rev. Roger Day for their consideration. Next on the agenda was a public hearing on the mobile home application of Gary and Sharon Greene. Proof of publication was shown by the Clerk. The hearing opened at 8:17 P.M. Speaking in favor of the application were: Mrs. Bererly Trombley, Foster Wadsworth, Mrs. Kenneth LaFountain, Mrs. Alice O'Malley, T. Harrington