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1970-09-24 498 Regular. Meeting September 24, 1970 Present : Gerald B. Solomon Supervisor Lloyd Demboski Councilman John D. Austin, Jr. Councilman Harold Robillard Councilman Hammond Robertson, Jr. Councilman Attorney Harold Katz was not present. The meeting was called to order at 8 :00 P.M. The following visitors were greeted by the Supervisor: J. David Little Pliney Tucker Mr. & Mrs. Leo Mayette Mrs. John B. Dunlavey Mr. & Mrs. Joseph L. Cutter Mrs. Joseph Mcllvaine Edward. Waters , Dog Warden Joseph Mcllvaine Mr. & Mrs. Walter H. Robinson Mr. & Mrs. C. M. Gray Mrs. Lynn LaBarge James J. Coclanis Mrs. C.A. Lewis Mr. & Mrs. R.E. McCarthy W. T. Robinson Robert V. Kelly William G. Maurer Dick Conners Carol Liapes Thomas Gorman Vitalise Charlebois Burton Brilling Mrs. John L. Haanen, L.W.V. Larry Barker Max Schenk George Liapes The public hearing on the application of Carol Liapes to locate a Mobile Home on Lot 16 , Warren Lane, Town of Queensbury, N.Y. was declared open at this time. r r Proof of publication was presented by the clerk. of Mrs. Carol Liapes was present. No one spoke in favor/or in opposition to the application. The hearing was closed at 8:05 P.M. The public hearing on the application of Joseph L. Cutter to locate a Mobile Home on Lot 50, Warren Lane , Town of Queensbury, N.Y. was declared open at this time. Proof of Publication was presented by the clerk. Mr. & Mrs. Joseph L. Cutter were present. No one spoke in favor of or in opposition to the application. The hearing was closed at 8 :07 P.M. The public hearing on the application of Mr. & Mrs. Leo J. Mayette to locate a Mobile Home on Warren Lane, Town of Queensbury, N.Y. was declared open at this time. Proof of Publication was presented by the clerk. Mr. & Mrs. Leo J. Mayette were present. Mr. Joseph L. Cutter spoke in favor of the application. No one spoke in opposition to the application. j The hearing was closed at ,8 :09 P.M. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION No. 215, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Demboski. WHEREAS, Carol Liapes of 217 Dix Avenue , Hudson Falls, N.Y. , has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury entitled : ORDINANCE FOR THE REGULA- TION 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 Lot 16, W-'-en Lane, Town of Queensbury, N.Y. , and y j 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 499 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 for the following reasons: There were no persons in appearance in opposition to the granting of the permit. There was sufficient hardship shown and the application was approved by the Building Inspector, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, p e rmission is hereby given to Carol Liapes of 217 Dix Avenue , Hudson Falls , N.Y. to locate a mobile home outside of a licensed mobile home court, at property situated at Lot 16 , Warren Lane, Town of Queensbury, N.Y. , and that the Town Clerk 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. Austin, Mr. Robillard , Mr. Robertson, and Mr. Solomon. Noes : None RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION No. 216 , introduced by Mr. Austin, who moved its adoption, seconded by Mr. Demboski. WHEREAS, Joseph L. Cutter of R.D. #3, Burch Road, Town of Queens- bury, N.Y. , 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 Lot 50, Warren Lane, Town of Queensbury, N.Y. , and WHEREAS, this town board has conducted a public hearing in con- f nection 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 x authorize the issuance of the permit requested by said application, for the following reasons: There were no persons in appearance in opposition to the granting of the permit. There was sufficient hardship shown and the application was approved by the Building Inspector, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance , permission is hereby given to Joseph L. Cutter of R.D. #3 , Burch Road, Town of Queensbury, N.Y. to locate a mobile home outside of a licensed mobile home court, at property situated at Lot 50, Warren Lane, Town of Queensbury, N.Y. and that the Town Clerk 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. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION No. 217 , introduced by Mr. Austin, who moved its adoption, seconded by Mr. Demboski. WHEREAS, Mr. & Mrs. Leo J. Mayette of Luzerne Road , R.D. #3, Town of Queensbury, N.Y. 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 outside of a duly licensed mobile home court at property situated at Warren Lane, Town of Queensbury, New York, and Cr � 500 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, for the following reasons : There were no persons in appearance in opposition to the granting of the permit. There was sufficient hardship shown, and the application was approved by the Building Inspector, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to "Mr. & Mrs. Leo J. Mayette - of Luzerne Road , R.D. #3, Town of Queensbury, N.Y. to locate a mobile home outside of a licensed mobile home court, at property situated at Warren Lane, Town of Queensbury, N.Y. , and that the Town Clerk 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. Austin, Mr. Robillard , Mr. Robertson, and Mr. Solomon. Noes : None The following letter was read by the clerk: R.D. #1 Lake George, N.Y. September 18, 1970 i Donald A. Chase Clerk of the Town of Queensbury Bay at Haviland Road , R D #1 Glens Falls, New York Dear Mr. Chase: i My business and personal affairs demand so much of my attention that I find it increasingly difficult to attend the meetings of the Board of Appeals. I have served the three year term to which I was appointed on September 14, 1967. At this time I submit my resignation to the Town Board of the Town of Queensbury. I would like to thank the Members of the Town Board for naming me to serve on the Board of Appeals. I have enjoyed my term as a member of the Board and it is with regret that I must hand in my resignation. I will be able to serve during October and November of this year if the Town Board needs the time in which to appoint a new member. Very truly yours, Allison Ellsworth Councilman John D. Austin Jr. commented , "There is a great deal of regret felt by the Town B oa rd in n receiving this resignation and accepting it. Allison' Ellsworth has been j a life-long resident of this Town and is one of the most respected citizens of Queensbury. He has devoted a great deal of time and effort , at no reward to himself other than civic pride, in serving on the Zoning Board of Appeals, and he deserves a great deal of commendation for his work. " The following letter was read by the Clerk: New York State Department of Transportation Region 1 Office: 50 Wolf Road, August 27, 1970 Albany, N.Y. 12205 Gerald B. Solomon, Supervisor Town of Queensbury Queensbury Town Hall R.D. #1 Glens Falls, New York 12801 Dear Supervisor Solomon: --' Re: PIN 1475. 00 Interstate Route 502 Access Control and Fencing Albany, Saratoga, Warren, Essex Counties The Department of Transporation has adopted a policy of con- trolling access on crossroads adjacent to ramps to or from controlled access highways. A copy of this policy is enclosed for your reference. In implementing this policy at Exit 18 on Interstate Route 87 in the Town of Queensbury we find it necessary to relocate the intersection of Big Boom Road and Corinth Road. This reloca- tion will consist of approximately nine hundred feet of new highway constructed along the rear of properties fronting Corinth Road and intersecting Corinth Road about 488 feet east of the present intersection. One set of unofficial prints of the 20' Scale Plan and Profile is enclosed for your reference. In connection with the above described project and as required by Section 340b of the New York Highway Law it will be neces- sary for the Town Board of the Town of Queensbury to adopt a Resolution to maintain highways , streets, or roads constructed in connection with the Interstate highway. We are transmitting herewith six (6) unexecuted copies of the required Resolution. Upon execution of this agreement by the proper official, please return the original and four (4) copies, total of five (5) to this office. Your cooperation in returning the executed copies of this Resolution at an early date will be appreciated. Very truly yours, FRANK J. FULLER, Regional Director of Transportation by L. F. Levett, Associate Civil Engineer (Design) LFL:JFB:jct The matter regarding the New York State Department of Transportation was tabled for a future meeting allowing the Councilman time to inspect the site. The Activity Report of the Queensbury Police Department for August 1970 was placed on file. The public hearing on the rezoning of Nicholas Clemens Sr. ' s property at 318 Ridge Street from an R-4 to a C-1 classification was opened at this time. Mr. Clemens was present and he was represented by attorney Michael J. O'Connor. He said the request is to legitimize a use that has existed at least since 1952. The following people spoke in opposi- tion to the rezoning: Robert Kelly, Richard Hurley and Lawrence Barker of Ridge Street , Richard McCarthy of Wilson Street. William Maurer of Ridge Road declared the town zoning to be unconstitutional. Mrs. Jane Swift of 311 Ridge Road asked about the position of adjoining city property owners. Attorney J. David Litte, a resident of Wilson Street, suggested that the board seek a legal opinion before pursuing the matter further because in his view to grant the request would be spot zoning and spot zoning is illegal. He stated that restrictive c o venants govern use of neighboring properties. Some of the speakers said that they signed by Clemens ' petition under the impression they were supporting his right to rebuild in case of fire. Attorney O'Connor explained the technicalities involved in the case of rebuilding and explained this was one of the reasons for the request to rezone. No one objected to the present use of the property but there was concerted opposition to the "blank check" aspect of rezoning. Supervisor Solomon stated that the Board would probably take no action until its October 22nd meeting since the matter by law must be referred to the Warren County Planning Board. The public hearing was closed at 9 :20 F.M. Councilman Austin reported on the status of the intermunicipal drainage study in the Ridgedale-Quaker Road area. He said the application had been forwarded and it was expected that a town-city-county committee would be formed within a few weeks. RESOLUTION TO FILL VACANCY ON RECREATION COMMISSION RESOLUTION No. 218 , introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Austin. WHEREAS, a vacancy now exists on the Recreation Commission due to the resignation of Roger Hague, therefore be it RESOLVED, that Daniel C. Olsen, 29 Carlton Drive, Town of Queensbury, be and he hereby is appointed a member of the Recreation Commission of the Town of Queensbury effective this date, and to serve for the remainder of the term of Roger Hague, said term to expire on February 27 , 1971. i Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon Noes : None RESOLUTION TO APPOINT PLANNING BOARD MEMBER RESOLUTION No. 219, introduced by Mr. Robillard , who moved its adoption, seconded by Mr. Robertson. WHEREAS, the term of J. David Little, as a member of the Town Planning Board of the Town of Queensbury expires on September 30, 1970, and WHEREAS, Mr. Little has advised this Board of his resignation from the Queensbury Planning Board, therefore be it RESOLVED, that Mr. Gilbert C. Mellon of Glen Lake, Town of Queensbury, be and he hereby is appointed a member of the Town Planning Board of the Town of Queensbury for a term of seven years to expire on' September 30, 1977. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard , Mr. Robertson and Mr. Solomon. Noes: None RESOLUTION TO FILL VACANCIES ON ZONING BOARD OF APPEALS RESOLUTION No. 220, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. WHEREAS, two vacancies now exist on the Zoning Board of Appeals of the Town of Queensbury, due to the expiration of appointments, therefore be it RESOLVED, that Charles T. Hutton, Jr. , 15 Sylvan Avenue, Town of Queensbury, be and he hereby is appointed a member of the Zoning Board of Appeals of the Town of Queensbury, effective this date and to serve until September 14, 1974, and be it further RESOLVED, that Gordon Streeter, 165 Sherman Avenue, Town of rueensbury, be and he hereby is appointed a member of the Zoning Board of Appeals' of the Town of Queensbury, effective this date, to serve until September 14, 1975. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes : None RESOLUTION TO APPROPRIATE SURPLUS FUNDS IN THE HIGHWAY ACCOUNT RESOLUTION No. 221, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Robillard. `— RESOLVED, that surplus funds of the Highway Fund be appropriated as follows : ITEM I $7975.83 ITEM III 477. 61 ITEM IV 4272. 71 thereby adding to and increasing the appropriations as follows : ITEM I from $130,500.00 to $138 ,475.83 ITEM III Repair from $19,000. 00 to $19,477.61 ITEM IV Snow from $40,000.00 to $44,272 . 71 Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None RESOLUTION No. 22.2 , introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. RESOLUTION FOR THE ISSUANCE OF CAPITAL NOTES TO FINANCE THE COST OF WATER LINES IN THE RELOCATION OF ROUTE 9 IN THE QUEENSBURY WATER DISTRICT. I! WHEREAS, the relocation of Route 9 in the Queensbury Water District of the Town of Queensbury has necessitated the relocation of the water lines, and WHEREAS, funds appropriated to finance the cost of said relocation of water lines have been depleted, and WHEREAS, additional funds in an amount not to exceed $20,000 are required to finance said relocation of water lines to completion, and WHEREAS, the necessary funds are not provided for in the current budget of the Town of Queensbury, Queensbury Water District, NOW, THEREFORE, BE IT RESOLVED: 1. The specific object or purpose for which such obligations are to be issued pursuant to this resolution is to finance the cost of relocation of water lines in the reconstruc- tion of Route 9 in the Queensbury Water District. 2. The maximum cost necessary to complete the reloca- tion of water lines is $202000 and the plan of financing such cost is as follows : $20,000 is to be provided by the issuance of capital notes in the amount of $20,000 pursuant to this resolution. 3. The following determinations are hereby made: �..- (a) The period of probable usefulness of such improvements is forty (40) years. (b) The subdivision of paragraph a of Section 11:00 of the Local Finance Law which is applicable in the circumstances is sub- division"1". 4. That the Town of Queensbury issue its capital note in the amount of $20,000 to finance such cost in accordance with the financial plan set forth above. Such note shall be dated approximately as of September 24, 1970 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 1971. 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 exceeding five per cent (5%) per annum payable annually. Such note shall be in substan- tially the following form: UNITED STATES OF AMERICA STATE OF NEW YORK No. 1 County of Warren $20,000.00 Town of Queensbury Capital Note of 1970 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 $20,000 on the day of September, 1971, together with interest thereon from the date hereof at the rate of five per cent (5%) per annum, payable annually. Both princi- pal 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 the only note of an authorized issue in the amount of $20,000. 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 September 24, 1970. 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, together with all other indebtedness of such Town of Queensbury, is within every debt and other limit prescribed by the Constitu- tion 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 as of the day of September, 1970. Town of Queensbury, New York by Gerald B. Solomon (Town Seal) its Supervisor Attest: Donald A. Chase Town Clerk of the Town o£ 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 acc7md 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 Queensbury Water District Fund account. The powers delegated to the Supervisor by this resolution shall be exercised in con- formity with the provisions of the Local Finance Law. ' 7. This resolution shall take effect immediately. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes : None STATE OF NEW YORK COUNTY OF WARREN SS. : TOWN OF QUEENSBURY I. Donald A. Chase, do hereby certify that I am the Town Clerk of the Town of Queensbury, that the attached Resolution No. 222 is a true and accurate copy of the original thereof, adopted by the Town Board of said Town at a meeting duly called and held on the 24th day of September, 1970 and of the whole thereof. IN WITNESS WHEREOF I have hereunto set my hand and the seal of the Town of Queensbury, this 24th day of September, 1970. Donald A. Chase Town Clerk RESOLUTION RELATING TO HIGHWAY LIGHTING RESOLUTION No. 223, introduced by Mr. Robillard , who moved its adoption, seconded by Mr. Robertson. Resolution relating to highway lighting on Glens Falls-Lake George, State Highway 417 and Aviation Road, State Highway 9379, Warren County, WHEREAS, the State of New York, Department of Transporation is constructing the Glens Falls - Lake Gecoge, State Highway 417 , between Stations 0+17 and 72+00 and the Aviation Road, State Highway 9379 , between Stations 999+78 and 1031+65, and WHEREAS, the State of New York will provide for the furnishing and placing of the following items in connection with a street lighting system on the above project: 1. Underground duct system to include conduits, pull boxes , hand holes, drainage packets. 2. Ducts, pull boxes and anchor bolts on structures. 3. Foundations for light standards. 4. Light standards and bracket arms. Now therefore be it RESOLVED, that the Town of Queensbury does hereby authorize Niagara - Mohawk to install street lighting for the above mentioned area and that the charges are to be a proper town charge. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard , Mr. Robertson and Mr. Solomon. Noes: None RESOLUTION TO APPOINT DOG ENUMERATOR FOR 1971 RESOLUTION No. 224, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson. WHEREAS, annually in September of each year the Town Board of each town shall appoint a resident or residents or designate the police department to prepare a list of persons in such town owning or harboring dogs , therefore be it RESOLVED, that Edward J. Waters be and he hereby is appointed Dog Enumerator, under the provisions of Section 108 of the Argiculture and Markets Law, for the year 1971. Duly adopted by the following vote : Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes : None RESOLUTION ESTABLISHING STANDARDS OF CONDUCT FOR OFFICERS AND EMPLOYEES OF THE TOWN OF QUEENSBURY RESOLUTION No. 225 , introduced by Supervisor Gerald B. Solomon, who moved its adoption, seconded by Mr. Austin. WHEREAS , Section 806 of the General Municipal Law as amended. by Chapter 1019 of the Laws of 1970, provides that each Town shall enact a code of ethics setting forth for the guidance of its officers and employees the standards of conduct reasonably expected of them, be it therefore RESOLVED, that the Town of Queensbury hereby adopts the following Code of Ethics to serve as a guide for official conduct of the officers and employees of the Town of Queensbury. Duly adopted by the following vote : Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard , Mr. Robertson and Mr. Solomon. _ J Noes : None CODE OF ETHICS TOWN OF QUEENSBURY Resolution Establishing Standards of Conduct For Officers and,; Employees of the Town of Queensbury Section 1. Pursuant to the provisions of Section eight hundred six of the General Municipal Law, the Town Board of the Town of Queensbury recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the pur- pose of this resolution to promulgate these rules of ethical conduct for the officers and employees of the Town of Queensbury. These rules shall serve as a guide for official conduct of the officers and employees of the Town of Queensbury. The rules of ethical conduct of this resolution as adopted, shall not conflict with, but shall be in addition to any prohibition of article eighteen of the General Municipal Law of any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees. Section 2. Definition. (a) "Municipal Officer or Employee" means an officer or employee of the Town of Queensbury, whether paid or unpaid , including members of any administrative board , commission or other agency thereof. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except as chief engineer or assistant chief engineer. (b) "Interest" means a pecuniary or material benefit accr u ing to an officer or employee of the Town of Queensbury including a pecuniary or material benefit accruing to the officer' s or employee' s (1) spouse, minor children and dependents ; (2) a firm, partnership or associa- tion of which such officer or employee is a member. Section 3. Standardsof Conduct. Every officer or employee of the Town of Queensbury shall be subject to and abide by the following standards of conduct: (a) Gifts. He shall not, directly or indirectly, solicit any gift; or accept or receive any gift having value `— of twenty-five dollars or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him, in the performance of his official duties or was intended as a reward for any official action on his part. (b) Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest. (c) Representation before one' s own agency. He shall not receive, or enter into any agreement, express or implied , for compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee. (d) Representation before any agency for a contingent fee. He shall not receive, or enter into any agreement , express or implied for compensation for services to be rendered in relation to any matter before any agency of his municipality, whereby his compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered. (e) Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Town Board and any officer or employee of the Town of Queensbury, whether paid or unpaid, who participates in the discussion or gives official opinion to the Town Board on any legislation before the Town Board shall publicly disclose on the official re- cord the nature and extent of any direct or indirect financial or other private interest he has in such legislation. (f) Disclosure of interest in certain applications. A member of the Town Planning Board and any officer or employee of the Town of Queensbury, whether paid or unpaid, who participates in the discussion or gives official opinions to the Planning Board on any application for review before the Planning Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such application. (g) Disclosure of employment of relatives. No person who is related by blood or marriage to a public officer or department head of the Town of Queensbury shall be employed by said public officer or department head before publicly disclosing the name, relationship and proposed employment to the Town Board and upon consent of a majority of said Board at a duly held meeting thereof. (h) Investments in conflict with official duties. He shall not invest or hold any investment directly or in- directly in any financial, business , commercial or other private transaction, which creates a conflict with his official duties. (i) Private employment. He shall not engage in, solicit, negotiate for or promise to accept private employ- ment or render services for private interests when such em- ployment or service creates conflict with or impairs the proper discharge of his official duties. (j) Future employment. He shall not, after the termination of service or employment with the Town of Queensbury appear before any board or agency of the Town of Queensbury in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration. Section 4. Nothing herein shall be deemed to I bar or prevent the timely filing by a present or former officer or employee of any claim, account, demand or suit against the Town of Queensbury, or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law. Section 5. Distribution of Code of Ethics. The Supervisor of the Town of Queensbury shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Town of Queensbury within 30 days after the effective date of this resolution. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment. Section 6. Penalties. In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this Code may be fined , suspended or removed from office or employment, as the case may be, in the manner provided by law. Section 7. Effective date. This resolution shall take effect 20 days after it is filed in the office of the State Comptroller. STATE OF NEW YORK ) �j County of Warren ) ss. : Town of Queensbury ) I, Donald A. Chase, Town Clerk of the Town of Queensbury in the County of Warren, New York, do hereby certify that I have compared the preceding copy of a resolution with the original there- of, duly adopted by the Town Board of such Town at a regular meeting of such Board held on the 24th day of September, 1970, and that the same is a true and correct copy of such resolution and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town of Queensbury on this 24th day of September, 1970. Donald A. Chase Town Clerk, Town of Queensbury 1 Councilman Austin suggested ftt Supervisor Solomon introduce the above Code of Ethics as he had worked diligently in the prepara- tion of it. The matter of rezoning the DeSantis Enterprises property on Big Boom from an R-3 to an M-1 was next on the agenda. Councilman Demboski asked that the record show the background of the pro- posal. He pointed out that in the original zoning of the Town, thought had been given to an M-1 classification for the site, but the possibility of a recreational area had intervened. He pointed out that any construction plans must be submitted to the Hudson Valley Commission. He suggested that the Town Board should specifically exclude any M-1 uses it believes would be objectionable. Councilman Demboski stated the deletion of dis- tribution plants, extraction of stone, sand and gravel, and freight terminals from the list of uses permitted in an M-1 zone. Councilman Austin stated that he could not support the resolution no matter what you add or subtract. He said he did not often disagree with the recommendations of the planning boards, but in this case, it seems we are proceeding on a course that is going to catch up with us. He pointed out that light manufacturing and research are terms that cover many enterprises. He said the board' s policy on similar cases in the past has been to require more specific information before acting. Councilman Robillard said he felt this is zoning for speculation and he wanted no part of it. He said he wanted to know what the industry looked like before he said okay. Super- visor Solomon said he tended to go along but pointed out the difficulty in getting industries to locate in New York State. He said he personally felt we have enough control through our Town Board and he didn' t think any industry we discouraged would want to come in. Councilman Demboski said he saw nothing speculative in the action. Under zoning, he said, the assumption is that some areas are mom conducive than others to light manu- facturing. Councilman Austin argued that since the area was originally zoned residential, it is the function of the Town Board to examine what has been done in the light of changed circumstances or proposals of a specific nature. Councilman Robillard said he did not want to discourage industry but I don't want to discourage taxpayers either. He said people in the residential area have a right to know what is going on. Max Schenk, a resident of the Big Boom area, declared that the Northway was a hindrance rather than an asset to the site be- cause there was no access to the interstate highway at that point. Resolution No. 226 approving the rezoning of the DeSantis Enterprises property in the Big Boom area from an R-3 to an M-1 with certain deletions is not available at this time but will be forthcoming from Attorney Harold Katz and will be found on page 10A Resolution 226 was duly adopted by the following vote : Ayes : Mr. Demboski, Mr. Robertson and Mr. Solomon. Noes : Mr. Austin and Mr. Robillard. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION No. 227, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Demboski. RESOLVED, that the Audit of Bills as listed in Abstract 70-9A numbered #1167 through #1198 inclusive and totaling $4,553. 21 is hereby approved. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes : None On motion the meeting was adjourned. Respectfully submitted , Donald A. Chase Town Clerk Special Meeting October 1, 1970 Present: Gerald Solomon Supervisor Lloyd Demboski Councilman John Austin Councilman Harold Robillard Councilman Hammond Robertson, Jr. Councilman