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1970-03-12 387 Junk Yard Ordinance as adopted on June 9, 1966. NAME ADDRESS APPLICATION DATE Mandigo Auto Parts Luzerne Road December 15, 1969 WHEREAS, the applicant has agreed to comply with all of the provisions of said Ordinance, subject to certain conditions therefore be it RESOLVED, that the renewal of the Junk Yard License of the above listed applicant for the year 1970, be and the same is hereby approved, and be it further - RESOLVED, that the Supervisor is hereby authorized and directed to issue said renewal license and deposit the fee in the General Fund of the Town. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None Supervisor Solomon stated- that there werefive or six other applications for Junk Yard Licenses but the Board had been requested by the Chief of Police not to take any action on them until he had an opportunity, weather permitting, to examine the progress that they had made in the past. Therefore, the Board is holding up on these applications until the recommendations are received from the Police Department. Supervisor Solomon announced that a workshop meeting would follow on the inter-municipal sewerage project. Negotiations are in progress for a part of the Town of Queensbury consisting of the portion coming out of the City of Glens Falls from Warren Street to Hercules Powder at the intersection of Quaker Road and Warren and will continue the entire length of Quaker Road up to Route 9 and will include all of Route 9 from the City Line up to the top of Miller Hill. Original cost projections for Queensbury were prohibitive ranging up to $80 a thousand of assessed valuation. A re-evaluation has greatly im- proved prospects noting that federal funds might cover 90 per cent of the cost to the Town representing about $1,700,000 in federal money. Attorney Harold Katz advised that on February 17 he filed notice of appeal to the Court of Appeals of the decision of the Appellate Division on the dispute of the Warren-Washington boundary line between the Towns of Queensbury and Fort Ann. On motion the meeting was adjourned. Respectfully submitted Donald A. Chase Town Clerk Regular Meeting March 12, 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 also present. The meeting was called to order at 8 :00 P.M. The following visitors were greeted by the Supervisor: Thomas Flaherty, Water Superintendent George Liapes, Building Inspector Francis Gilheany, Deputy Town Clerk Edward Waters , Dog Warden Carl Garb, Superintendent of Highways Helen Kurzmack, League of Women Voters Florence Mcllvane, Reporter - Post 'Star_ Margaret Ofner, League of Women Voters Robert Barber, Visitor William Kenneally, Visitor Lee Ehrlich, Visitor Pliney Tucker, Visitor Doris Sherman, Visitor The following letter was read by the Supervisor: R.F.D. #13, Reardon Road Glens Falls , N.Y. 12801 March 5 , 1970 Mr. Carl A. Garb, Highway Superintendent Queensbury Town Garage Aviation Road Glens Falls, N.Y. Dear Mr. Garb: At the last meeting of the Glen Lake Protective Association there was considerable comment about the speed and efficienty with which the roads around, Glen Lake had been cleared of snow and sanded during this past winter. Since we all recognized the criticism has a way of travelling much faster than praise, it was the unanimous decision of the members in attendance that a letter should be written to tell you and your road crew how much we appreciate the fine job you have all been doing. Thank you from one and all. Cordially, AGNES PALMER (Mrs.) Agnes B. Palmer, Sec. The Glen Lake Protective Assoc. ABP/np CC: Jerry Solomon, Supervisor Town of Queensbury Louis M. Carusone, President Glen Lake Protective Association Supervisor Solomon stated that he had received a letter from the law offices of Kenneally, Kenneally & Little regarding the cable tele- vision, and that the Board would discuss it later on this week and be getting back in touch with them. Mr- William Kenneally was given the floor. Mr. William Kenneally appeared for Champlain Cable TV and pressed for a yes or no answer to a request for permission to run a cable through the Town of Queensbury connecting customers in Lake George and Glens Falls. , He said since last May, Champlain Cable TV has asked this board for permission to run a cable through the Town and the letter I wrote you and which you are apparently tabling tonight was a request to put this on your agenda tonight. He empha- sized that the company was not asking for a franchise to distribute signals to residents of Queensbury but merely to string their wire on telephone poles totransmit signals from Black Spruce Mountain to the City of Glens Fallp.. He said if you're not interested , we have 389 other ways of doing it but I don' t think you are being fair to people in Glens Falls or to our Company. He explained that. the company has the more expensive and less desirable alternative of transmitting over the Town by microwave. Supervisor Solomon told Mr. Kenneally if he wanted an answer tonight it would be "no". He said the Board had re- ceived the request since its last meeting and was not prepared to act without referring the matter to the town attorney and checking its implications with respect to the cable television franchise already in effect in the Town and the other proposals the Town had received. He stated the Town Board is not about to make a snap decision for you or anyone else. Councilman Demboski pointed out that the Board' s pre- vious discussions with Mr. Kenneally and Champlain Cable TV concerned �- a franchise not the question of running a cable through the Town. He said the letter he received on Friday was the first formal application he had seen from Champlain to run a line to the City. Mr. Lee Ehrlich of Champlain Cable TV said he appreciated the board' s position. Council- man Austin said in a brief discussion before the meeting the board mem- bers had agreed that they wished to expedite the matter. Mr. Kenneally added his own thanks and the discussion ended with mutual expressions of amity. While the meeting was open to the public , Supervisor Solomon asked if anyone else wished to speak. There was no reply. Three Mobile Home Applications of Eileen Thorpe, Clyde Sherman, and Alfred Wells were tabled until the next Board Meeting on March 26th. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION No. 68, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Demboski. WHEREAS, George and Claudine Mabb, of R.D. #3, Howard Street, Glens Falls, New York, 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 on Howard Street, Glens Fall, New York, 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 March 26, 1970, 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. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None The Mobile Home Application of Roy and Anna Stark was denied because the Building Inspector reported that the lot in question did not meet State Health regulations with respect to the required distance between septic tank and well. RESOLUTION TO DISAPPROVE APPLICATION FOR PERMIT TO LOCATE MOBILE HOME IN THE TOWN OF QUEENSBURY RESOLUTION No. 69, introduced by Mr. Austin, seconded by Mr. Demboski. WHEREAS, Roy and Anna Stark of 184 Broad Street, Glens Falls, New York, has made application to this Board for a permit to locate a Mobile Home at property s.ituated ,at second road off Burch Road , the third lot in on left side and owned by Una and Warren Burch, and 390 WHEREAS, upon proper investigation it appears that the applicant has complied with all of the requirements of the Ordinance Regulations relating to Mobile Homes in the Town of Queensbury, therefore be it RESOLVED, that there was no hardship shown -on the original application, therefore be it further RESOLVED, that the application of Roy and Anna Stark be and is hereby disapproved and that the Town Clerk is hereby directed to notify Roy and Anna Stark of the decision of this Board. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None --' Supervisor Solomon read a letter from Attorney Howard A Glassbrook representLng the Estate of Ovide Prince and requesting the Town to reconvey to the Prince Estate an unimproved area which had been deeded to the Town for highway purposes. Mr. Solomon stated that the property had never been used for a street and appears unsuitable for this purpose in the future. The Town Attorney had found no reason why it should not be reconveyed to the original owner. RESOLUTION NO. 70 regarding the reconveyance to the Ovide Prince Estate was not available at this time and will be forthcoming from Attorney Harold Katz. This resolution will be found on page 390A . The January 1970 Monthly Report of the Highway Department from the Supervisor was placed on file. The Activity Report of Queensbury Police Department for February 1970 was read and placed on file. The Activity Report of the Office of Town Clerk for February 1970 was read and placed on file. The Monthly Report of the Building Inspector for February 1970 was placed on file. The Supervisor' s Monthly Report for February 1970 was placed on file showing total receipts of $401,496.87 and total disbursements of $185,968.16 The Town Board members signed an application from Niagara Mohawk:far service to the two consolidated light districts in South- Queensbury. Mr. Solomon read a letter from the Cemetery Commission requesting the purchase of a 1970 2 ton Chevrolet truck. RESOLUTION No. 71 regarding the purchase of the 1970 Chevrolet truck for the Cemetery Commission was not available at this time and will be forthcoming from Attorney Harold Katz. This resolution will be found on page 390A . The following letter was read by Supervisor Solomon: February 25, 1970 Mr. Gerald Solomon Queensbury Town Office Building Bay and Haviland Roads Glens Falls, New York 12801 Re: Robert D. Kellogg Amusement Rides Dear Jerry: Enclosed in triplicate is a Certificate of Insurance for Robert D. Kellogg Amusements, Inc. Mr. Kellogg would like to 390A RESOLUTION NO.70, Introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Demboski. WHEREAS, by deed dated June 14, 10-56 and recorded in the Warren County Clerk' s Office on August 29 , 1956 in Liber 358 of Deeds at Page 52, Ovide D. Prince, Sr. and Mary Prince, his wife, did convey certain property to the Town of Queensbury for �— highway purposes, and WHEREAS, said property has not been used for such purposes and the surviving grantee, Mary Prince, desires to have said property reconveyed to her and it is deemed that said property is not suitable for such highway purposes , NOW, THEREFORE, BE IT RESOLVED, that the counsel to the Town Board be di- rected , and he hereby is directed to prepare the proper deed conveying said property back to Mary Prince, and the Supervisor of the Town of Queensbury be, and he hereby is , authorized to j execute said deed in behalf of said Town. -- Duly adopted this 12th day of March, 1970 by the following vote : AYES: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. NOES: None RESOLUTION No. 71, Introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson. WHEREAS, The Cemetery Commission of the Town of Queens- bury has requested the purchase of a 1970 Chevrolet 1/2-ton. truck for use by said Cemetery Commission, and WHEREAS, said purchase is to bq made under state i contract and as such does not require competitive bidding, 390B NOW, THEREFORE, BE IT RESOLVED, that the Cemetery Commission is authorized to purchase a 1970 Chevrolet 1/2-ton truck from Mid Town Chvrolet, New York, New York, the New York State contractor, for the sum of $1967. 31, said sum to be paid from the funds of the Cemetery - Commission duly appropriated therefor. Duly adopted this 12th day of March, 19704 by the following vote : AYES: Mr. Demboski, Mr. Austin, Mr. Robillard , Mr. Robertson, and Mr. Solomon. NOES: None 391 have his rides in the Queensbury Plaza Shopping Center between May 4 and 16, 1970. If you would please issue a permit and send it to me as soon as possible, it would be greatly appreciated. Very truly yours, G. F. Reger Jr. G.F.Reger, Jr. , Treasurer Queensbury Plaza Association GFR:cm Enclosures RESOLUTION TO AUTHORIZE PERMIT FOR CARNIVAL OPERATIONS RESOLUTION No, 72, Introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Robillard. RESOLVED, that permission is hereby granted to conduct carnival operations , as follows: SPONSOR: QUEENSBURY PLAZA ASSOCIATION . CARNIVAL: Robert D. Kellogg Amusement Rides PLACE: Queensbury Plaza Shopping Center DATE: May 4 through May 16 , 1970 and be if further RESOLVED, that the Town Clerk is hereby authorized and directed to issue a permit to the -aforesaid sponsor upon receipt of proof of Liability Insurance in the amount of not less than $100,000/ $300,000 Bodily Injury Liability and $25,000 Property Damage Liability Insurance. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes : None RESOLUTION No. 73, Introduced by Mr. Robillard, who moved its adoption, seconded .by Mr. Demboski. WHEREAS, application has been made by Ski & Shore Corporation for the zoning of an area acquired by said corpora- tion from the County of Warren, and WHEREAS, said property was owned by the County of Warren at the time the Zoning Ordinance became effective and as munici- pally owned property was not -bound by any zoning regulations and as such has not been zoned, and WHEREAS, the property to be zoned is approximately 19 acres of land bounded on the north by Gurney Lane, on the west by the re-located West Mountain Road, on the east by Interstate Highway No. 87, and on the south by lands of Brayton and others, and WHEREAS, the Zoning Ordinance of the Town-of Queensbury, Section 11.100 and Sections 264 and 265 , Art. 16 , Chapter 62 of the Consolidated Laws of the State of New York provide that any �- proposed amendment or change in the Zoning Ordinance be referred to the Planning Board for a report thereon and a public hearing thereon, and WHEREAS, the Planning Board has approved the zoning of said lands in its report thereon NOW THEREFORE BE IT RESOLVED, that said report of the Planning Board having been received, a public hearing on such application be held on March 26 , 1970 at 8 :00 P.M. and that notice thereof be published at least ten (10) days in advance of such hearing in the official town newspaper. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. 392 Noes: None RESOLUTION No. 741 Introduced by Mr. Robertson, who moved its adoption, seconded by.Mr. Austin. WHEREAS, the Town of Queensbury received additional sales tax money from the County of Warren, and WHEREAS, this Town Board felt it adviseable to apply a portion of such excess sales tax money to the Town indebtedness, therefore be it RESOLVED, that the sum of $5 ,549.12 be transferred to the Pine View Cemetery Account and the sum of $16 ,196.97 be transferred to the Highway Fund, Item III and also be it further RESOLVED, that $4,776.58 be appropriated to the General Town Fund Indebtedness appropriation, 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. 75, Introduced by Mr. Austin, who moved its adoption, seconded by Mr. Demboski. RESOLVED, that surplus monies transferred in the amount of $16,196.97 from the General Fund to Item III of the Highway Account be appropriated as follows: Indebtedness $15,520.00 Interest 676.97 Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION TO AUTHORIZE ATTENDANCE AT CONFERENCE RESOLUTION No. 76, Introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Robillard. RESOLVED, that permission is hereby granted to Thomas K. Flaherty, Scott Hopkins, and Skip Dean, to attend the conference meeting of the Adirondack Water Works Association, to be held March 26, 1970 at the Red Fez, Queensbury, New York, and that the actual and neces- sary expenses incurred in such attendance is 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 AUTHORIZE POLICE POSTAGE RESOLUTION No. 77, Introduced by Mr. Robillard, who moved its adoption, seconded by Mr. Robertson, WHEREAS, the Police Department has requested the use of postage paid envelopes for the return of fines imposed by the Police Department, --- and WHEREAS, it may be necessary to purchase postage in advance of town audits therefore be it RESOLVED, that the Supervisor is hereby authorized and directed to purchase an initial sum of $25.00 in credit for postage and he may dtaw from the General Town Funds in advance of audits to replenish this amount when necessary. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes.: None 39:9 RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION No. 78, Introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Solomon. RESOLVED, that the Audit of Bills as listed in Abstract 70-3 numbered #303 through #428 inclusive and totaling $43,417.66 is hereby approved. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes : None Supervisor.-Solomon reported that final cost estimates on inter- - municipal sewerage should be ready in about two months and that he will be attending another meeting next Thursday in South Glens Falls on this matter. He also reported that resolutions requesting the State Department of Transportation to establish speed limits in the Town' s populated areas will be on the March 26th agenda. Councilman Austin commented on the large volume of court activity in the Town and the capable administration of Justice James A. Davidson. He also commented on the annual report of the Crandall Library stating that the statistics point up the wisdom of inter- community support. Supervisor Solomon reported that Justice Meredith Bentley is a patient in Glens Falls Hospital and wished him a speedy recovery. Supervisor Solomon noted that the board was remaining for a 9:00 P.M. meeting with Assemblyman Lawrence E. Corbett to discuss several pieces of legislation which could concern the Town of Queensbury. On motion the meeting was adjourned. Respectfully submitted Donald A. Chase Town Clerk Regular Meeting March 26, 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 also present. The meeting was called. to order at 8 :00 P.M. The following visitors were greeted by the Supervisor: George Liapes, Building Inspector Edward Waters, Dog Warden Florence Mcllvane, Reporter - Post Star Robert Nolan, representing Ski & Shore Corp. Paul Cushing, visitor John Bowman, visitor Pliney Tucker, visitor George Mabb, visitor