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1972-08-24 i0s General Fund to the Capital Fund to be repaid upon issuance of the Capital Note. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 1.44, introduced by Mr. Demboski who moved its adoption seconded by Mr. Robillard. RESOLVED, that the Audit of Bills as listed on Abstract 72-8 numbered 974 through 1100 totaling $50,157.11 is hereby approved. 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. Respectfully submitted, Donald A. Chase, Town Clerk Regular Meeting August 24, 1972 Members Present: Lloyd Demboski _Councilman Robert Barber Councilman Harold Robillard Councilman Gordon Streeter Councilman Harold Katz Town Counsel The meeting was opened at 8:05 P.M. with a salute to the flag and was.. chaired by Councilman Robillard. Mr. Robillard greeted the following persons: Mr. and Mrs. Montemurro Lee Coleman Tom Flaherty Otto Kuhl Floyd Martindale Felix Burch John Rozell Mary Lou Quinn Harold Boynton George Liapes Erwin Bardin Richard Bardin Mr. Ruel Michael Thompson First on the agenda eas a bid opening on Contract 14 - Water Treatment Plant site work and access roads. Proof of advertising was shown by the Clerk. Bids were received from the following: W. J. Bokus Excavating Inc. $ 229200.00 Certified Check Charles 0. Desch, Inc. 289620.00 Bid Bond Fleetway Contracting Co. Inc. 16,300.00 Bid Bond Gamco Development Inc. 24,500.00 Bid Bond Wm. J. Keller and Sons Const. 189300.00 Bid Bond John Kubricky and Son, Inc. 14,999.99 Bid Bond Howard A LaRose 23,100.00 Bid Bond Maranville Excavating Co. 15,225.00 Certified Check Scott McLaughlin Cont. Inc. 161250.00 Bid Bond D.L. Paro, Inc. 17 ,100.00 Certified Check Martin J. Rogers 12,000.00 Bid Bond The bids were turned over to Mr. Otto Kuhl of Joseph Kestner' s office for their consideration. They will make a recommendation to the Board i some time next week. Tabled from the last meeting was the mobile home application of Marie Kelly. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 145, introduced by Mr. Demboski who moved its adoption seconded by Mr. Streeter. 109 WHEREAS, Maxie Kelly of Maine Ave. has made application with patagraph 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 Maine 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 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 September 14, 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. Noes : None. Absent: Mr. Solomon, The next mobile home application was also tabled from the last meeting. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 146, introduced by Mr. Streeter who moved its adoption seconded by Mr. Demboski. WHEREAS, Arthur Montemurro of Briwood Circle 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 at Pinella Road 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 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 September 14, 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. Mr. Robillard stated that he would vote no because he did not like to see Mobile homes move out of mobile home parks. Dulyladopted by the following vote: Ayes : Mr. Demboski, Mr. Barber, Mr. Streeter. Noes: Mr. Robillard. Absent: Mr. Solomon. Next was an application for a one year permit for a mobile home from Richard Bardin. Mr. Demboski wanted the record to show the original ;application was from Erwin Bardin and he hashad a mobile home located there for the past year and now the new application is from his son who is working for him on his farm and if the board approves it will approve with the understanding that he builds or buys a home but that it is very possible we could ask you to remove that trailer within one year from granting the permit which could be as early as tomorrow. Mr. Richard Bardin stated that it is his intention to build. Mr. Robillard stated that he voted against the application two weeks ago because the applicant was not going to be the occupant. Now that this situation is changed he will vote in favor of the application. RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION NO. 147 , introduced by Mr. Barber who moved its adoption seconded by Mr. Streeter. WHEREAS; Richard Bardin has made application in accordance with paragraph 2 (b) 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 atEast Sunnyside 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 of the above mentioned ordinance, temporary permission is hereby given to Richard Bardin to locate a mobile home at East Sunnyside Road, Town of Queensbury 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. Noes: None. Absent: Mr. Solomon. Next was an application to extend for one year- the permit of-Regal Realty. John Rozell stated he was against the application-being renewed for another year. Mr. Roger Ruel who is the applicant was asked many questions by the Board in regard to how it was going to be used. Mr. Rozell gave the history of problems which have arisen because of this mobile home. For example, the litter in the area and the noise from the occupants, coming from a home which was used by many young folks .near the mobile home. The trailer will be used both as an office and a place to live. Mr. Demboski asked Mr. Ruel to confirm that he would be the prime occupant for the next twelve months. If ye can so state than he will approve the application. Mr. Barber stated that he recommends approval of this application on the stipulation that the conditions surrounding the trailer at all times be proper and no other occupant other than Mr. Ruel occupy this trailer during the term of residency. If such happens I will recommend V immediate revocation of the permit. RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION NO. 148, introduced by Mr. Barber who moved its adoption seconded by Mr. Demboski. WHEREAS, Regal Realty has made application in accordance with paragraph 2 (b) Section 4 of an ordinance of the Town of Queensbury entitled : ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME ODURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK t6 locate a mobile home at property situated at Meadowbrook and Cronin Road and WHEREAS, is 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 of the above mentioned ordinance temporary permission is hereby given to Regal Realty to locate a mobile home at property situated at Meadowbrook and Cronin Roads, Town of Queensbury 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. Streeter, Mr. Robillard. Noes: None. Absent: Mr. Solomon. Next the Board reviewed an application for a mobile home from Michael and Shirley Thompson RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 149, introduced by Mr. Demboski who moved its adoption seconded by Mr. Streeter. WHEREAS, Michael and Shirley Thompson have made application in accordance with paragraph 2 (c) Section 4 of an ordinance of the Town of Queensbury l 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 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 conduct a public hearing on said application on September- 14, 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-, Mr. Robillard. Noes: None. Absent: Mr. Solomon. RESOLUTION TO TRANSFER MONEY TO THE HIGHWAY FUND RESOLUTION NO. 150, introduced by Mr. Demboski who moved its adoption seconded by Mr. Streeter. WHEREAS, there are accumulated funds paid to the Town of Queensbury for EEA services by the County of Warren in the amount of $1779.86 , and WHEREAS, this amount was expended by the Highway Department , therefore be it RESOLVED, that the sum of $1779.86 be transferred from the General Town Fund to the Highway Account as folious : DM 5130.1 $ 1588.60 Personal Services DM 9030.8 82.63 Social Security DM 9040.8 39.39 Compensation Insurance DM 9060.8 69.24 Hospitalization thereby increasing these appropriations by said amounts. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Streeter, Mr. Robillard. Noes: None. Absent: Mr. Solomon. A letter from Thomas K. Flaherty , Water Superintendent was read by Mr. Robillard requesting permission to send two members of the Water Dept. to a Plant Operator' s Training School to be held October 18 and 19 in Poughkeepsie, New York. RESOLUTION TO AUTHORIZE ATTENDANCE AT TRAINING SCHOOL RESOLUTION NO. 15131 introduced by Mr. Robillard who moved its adoption seconded by Mr. Demboski. WHEREAS, Thomas K. Flaherty, Superintendent of the Water Department has requested the Board to allow two members of the Water Dept to attend a Plant Operator' s Training School to be held in Poughkeepsie, New York on October 18 and 18 , 1972 , therefore be it RESOLVED, that two members of the Water Dept be allowed to go to the above mentioned school at a registration fee of $50.00 per person and that all other actual and necessary expenses incurred in such attendance be a proper town charge. -� Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Streeter, Mr. Robillard. Noes: None. Absent: Mr.' Solomon. The meeting was declared open to the public. Mr. John Rozell again took the floor and complained about the noise the sewage disposal unit was making in his neighborhood. Building Inspector George Liapes agreed with Mr. Rozell that this is a noisy unit and that it would keep you awake at night and that this was a legitimate complaint. This unit belongs to the Regency Apartments and the superintendent of the Buildings Mr. Roger Ruel explained to the board that muffler units are ready to be put on as soon as the construction staff is back from vacation. He stated that they should be installed by Monday. 112 The Board moved to investigate the matter of the noise and report the situation of the unit being 75 feet from the road to the New York State Department of Health. The Board received a letter from Coulter and McCormack Land Surveyors requesting a zOning change in the Weeks Road area. The Board reminded Coulter and McCormack that the Planning Board must approve the 47 lot subdivision submitted by Moonbound property Co. before the Town Board can change the zoning. If they approve the Board will hold the necessary public hearing. The change will be fro. a C-1 to an R-1 zone. A special meeting of the Town Board was set for September 7 to open k bids for the South Queensbury Water Extension and also unveil P hase 2 of the new water treatment plant that will take water from the Hudson River and filter it for use in Queensbury. l' 1I a Q� / T Introduced by-Mr.12a-v, � who moved its adoption. f Seconded by Mr. WHEREAS , divers and numerous complaints have been 0a received from residents of the Town of Queensbury calling atten- Lion to unfair business practices of transient or itinerant F 9 i merchants, and f WHEREAS it is provided by Article 9, Section 136 of the Town Law and Article 5, 'Section '85 of the General Municipal lLaw that the Town Board may enact ordinances' rules and regula- tions relating to the conduct of a transient `re tail busi.ness ,, and WHEREAS , this Town Board deems it necessary to promote o the public 'welfare and rotect the in J P habitants of the Town of i 1Queensbury :from unfair business practices of transient retail � businesses ,`,.and WHEREAS , Section 130 of the Town Law and related statutes of of the .State of New York require a public hearing upon all proposed ordinances ,` upon due notice as provided for therein, be it RESOLVED, that a public hearing upon the following R proposed Ordinance Regulating Transient or Itinerant Merchants be held at the Town Office Building in the Town of Queensbur at y 8:00 o'clock P.M. on the -� ay of September, 1972 , and that " the Town Clerk give notice of such hearing by pub lication y 'b a - notice thereof in the Glens Falls Post-Star and Times and the Tri- ! i County News once at least ten days prior to the date specified for 11such hearing, specifying the time Y g when and place where such k Jhearing will be held and in general terms describing g said proposed; ordinance S i i "ORDINANCE TO REGULATE TRANSIENT OR ITINERANT MERCHANTS IN THE TOWN OF QUEENSBURY. S r BE IT ENACTED AND ORDAINED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW s YORK, AS FOLLOWS : 9 SECTION I. TRANSIENT OR ITINERANT'NiERCHAN,T'S LICENSE. ! A tax shall be levied upon all persons now conducting or i who may hereafter conduct a transient retail business in a �► a the T04m of Queensbury. Such tax shall be based upon the gross amount of sales , and shall be at the same aggregate rate as other property, is taxed in the Town for Town, School, 1 dj ✓ ` � County and State purposes . If the rate for the current year ! has not been ascertained at the time the tax herein provided for is to be paid., the same shall be estimated by the Town j Clerk. Every_ applicant shall file with the Town Clerk an application in writing which shall contain such information as may be requested by the Town Clerk, and a. The full name and address of each of such persons and if a corporation, the state under the laws of which organized, the exact location of its principal office 4 and place of business and the names and addresses of + its officers . i b. The exact nature and location of business engaged in by such person or corporation during the five (5) years immediately preceding the filing of such statement, and in the case of a corporation organized less than five (5) 1 years , since its organization. s c. The exact location within said Town where such transient retail business is to be conducted. d. The- date on which such person, firm or corporation intendo to begin doing such business within said Town. S R } i y 9 _2_ i i � r e. The name and address of the landlord from whom the x premises are rented. f. A detailed description of the type and kind of goods , wares and merchandise to be offered for sale to the public , together with an itemized statement of the cost price to the applicant of such goods , wares and mer- chandise . 5 I g. The place where such stock or merchandise was or is to be purchased, the manner in which the same was or is li acquired and the place where such stock or merchandise k was or is to be acquired. h. The purpose of the business to be conducted, specifying whether the same be for the sale only of a particular ' stock of goods , wares and merchandise already acquired and on the premises , or to be acquired and delivered to the premises for sale to the public , or whether the same be for the sale of any particular type or kind of goods , wares or merchandise to be continued only until public demand for such merchandise is satisfied, stating whether it is the intention of the applicant to estab- lish a permanent place of business within the Town for the continuing sale to the public of such merchandise . i SECTION II. DEFINITION. A,transient retail business , within the meaning of this Ordinance, is one conducted in a store , hotel , house , building or structure , for the sale of retail goods, wares ' or merchandise , excepting food products and which is intended' to be conducted for a temporary period of time and not permanently. If the place in which a business is conducted gyp. . is rented or leased for a period of six (6) months or less , or for a period of six (6) months or more under a lease or t agreement giving to the applic the option tocancel such lease on ninety (90) days ' notice or less , to the landlord with or without penalty; or for the purpose of the sale to the ii public of a particular stock of goods already acquired and l� on the premises or for the sale of any particular type or kind of merchandise to be continued only until public demand for such merchandise is satisfied, without the intention of ! �f establishing a permanent place of business in the Town for ' :the continuing sale to the public of such merchandise , such r fact shall be presumptive evidence that the business carried on therein is a transient business . D, Q SECTION III. LICENSE. It shall be unlawful for any person to conduct a transient retail business without obtaining a license therefor from the Town Clerk. Said license shall state the place where f -3- p ,E P� the business is conducted and the period of time by the license. U covered as a transient Upon filing the application for a or itinerant merchant, the applicant license Pay theTown Clerk a fee of Two Hundred Dollars $2 shall s # the first Ten Thousand Dollars ($200) for of said goods , ;wares , and merchandi0se00a of retail price fee of One Hundred Dollars and an additional Thousand Dollars ($100) for each additional Ten ($10 000) `of retail price thereof. � . i & SECTION IV. BOND. Before any such license is issued the applicant 4 with the Town Clerk an approved surety bond inanshall file less than One Thousand Dollars amount not bonding company authorized ($1,000) to be executed b ho a usiness in r ize d a of New York, which bond shall be conditioned thathS State li will faithfully comply with all the provisions such applicant' Ordinance, of the General Municipal Law in relation this tax- ation of transient merchants a ion to tax- law. Such bond shall be approved nd with all other provisions of, • form and execution, and the Town ClY the Town Counsel as to In lieu of any such surety bond erk as to its sufficiency cash deposit with the Town Clerk ineanPamount may make a the Town Clerk, which deposit shall be deemed to be fixed by to the same extent as said surety bond, a surety such bond shall be `that said transient merchant wition of and truly perform any and al ill well within the Town; and more' particulaacts or sales orders made takes orders for merchandise to be delivered at said merchant date and accepts payment in part or in full thereforture deliver said merchandise in a satisfactory r, he will a period of four (4) months from the date of�saidicontract; COPY of which contract or sales or � der with full particulars is to be delivered to the purchaser at the time of sale. There shall be no forfeiture in respect to months limitation where : there is proof that tnon-deli e due to strike or other extraordinary events very was of said merchant; however, in such event the bmerchant eupontrol demand shall promptly return in full the purchaser' Pon and if he fails so to do the surety will be required to make restitution under said bond. SECTION V. REPORT. f Every applicant to whom a license is granted shall each make a verified written report and file the same with theeek Town , Clerk, showing all additions to stock, all during the period covered and at the terminationgOfss sales , business shall file a final verified report showing uch j amount of 'stock and all gross sales . The tax hereintrequired to be paid shall be made in weekly installments based upon the gross sales of the revi P ots week , and at the terminationA k jj I i -4- i f i of such business such applicants shall forthwith pay the 4 balance of such tax computed as herein provided. I SECTION VI 12 In case any such person, firm or corporation shall fail to file such verified statements or files incorrect statements a or fails to pay the tax when the same is due and payable as ? 4 above provided, or shall fail to comply with any and all 1 provisions of this Ordinance, the permit granted such person, firm or corporation shall thereupon be revoked by the Town 1 Clerk and become null and void, and any person, firm or corporation failing to pay said tax or failing to obey the provisions of this Ordinance shall be guilty of a misdemeanor ; and punishable according to law, as provided by Section 85-a g of the General Municipal Law. This Ordinance shall take effect immediately upon publication gg' and posting as required by Town Law. t Duly adopted this 24th day of August, 1972, by the j 1Ifollowing vote: 9 AYES : 1 L Q E F►t3 0 5 k) J`^ f� . i3 A R f3 �. N`f(. S"T R EC- �E/C 4 It o r3 NOES : . ABSENT: (1 , foLnM �N i tl f 4 ,4 E i -5 The police report for the month of July was read by the Clerk and placed on file. Councilman Gordon Streeter conveyed a message from Fred Champagne, Director of the Recreation Commission for the Board and the news media, that the Gurney Lane Recreation area and pool would be open through the Labor Day Holiday from 11:00 A.M. until 8:00 P.M. On motion the meeting was adjourned at 9:15 P.M. Respectfully submitted , Donald A. Chase Town Clerk Special Meeting August 31 , 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 called to order at 5 :00 P.M. with a salute to the flag. RESOLUTION TO ACCEPT BID ON CONTRACT 14 WATER TREATMENT PLANT SITE WORK AND ACCESS ROADS RESOLUTION NO. 153, introduced by Mr. Solomon who moved its adoption seconded by Mr. Robillard. WHEREAS, the Town Board of the Town of Queensbury did advertise for sealed bids on Contract 14, Water Treatment Plant Site Work and Access Roads and WHEREAS, a total of 11 bids were received and opened at the August 24th meeting, therefore be it RESOLVED, that upon the recommendation of Joseph Kestner, Consulting Engineer of the above project, the Town Board accepts the bid of Martin J. Rogers of Cambridge, New York, the bid price being $12,000.00. Duly adopted by the following vote: Ayes-: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. RESOLUTION TO APPROVE MURRAY HILL LIMOUSINE SERVICE IN THE TOWN OF QUEENSBURY RESOLUTION NO. 154, introduced by Mr. Solomon who moved its adoption seconded by Mr. Barber. BE IT RESOLVED, that the Town of Queensbury through its Town Board on the 31st day of August, 1972 hereby endorse the application of the Murray a Hill Limousine Service Ltd. , Montreal, Quebec, Canada to operate a motor i coach passenger service between Montreal, Plattsburg, Queensbury, Lake George, Albany and New York City. RESOLVED, that during the past several years , public transportation in the Queensbury area has declined, due to the demise of passenger service on the D & H Railroad, cut backs in service by Mohawk Air Lines, etc. , and the Queensbury Town Board unanimously vote to have quality service restored to our area as we are certain the economy will be favorably affected and be it further RESOLVED, that approval is herevy given to Murray Hill Limousine Service to operate in the Town of Queensbury for the purpose of picking up and discharging passengers. Duly adopted by the following vote: