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1968-08-22 Regular Meeting August 22, 1968 Present: Gerald Solomon Supervisor Lloyd Demboski Councilman Theodore Turner Councilman Harold Robillard Councilman Hammond Robertson, Jr. Councilman The meeting was called to order at 8:00 p.m. �M j Supervisor Solomon greeted the following visitors: Florence Mcllvaine - Reporter, The Post Star N. Harwood Beaty - County Supervisor Thomas K. Flaherty - Superintende of Queensbury Water District Ralph Nestle - Visitor George Stec - Forest Ranger, Town of Queensbury Sterling Akins - Visitor Pliney Tucker - Visitor William Richardson - Visitor STATE OF NEW YORK DEPARTMENT OF HEALTH August 14, 1968 Supervisor and Town Board Town of Queensbury Re: Mason Dump Bay Road Ridge Road Glens Falls, New York Queensbury Town Attention: Mr. Gerald B. Solomon Gentlemen: Several complaints have been received in this. office re- cently, one from the Conservation Department complaining about the burning and water pollution at and from the above mentioned refuse disposal area. It is our understanding that this operation is in violation of several Town ordinances and we respectfully request action be taken on this matter. Very truly yours Sterling H. Edwards Senior Sanitarian Mr. George Stec, Forest Ranger in the Town of Queensbury was granted the floor. Mr. Stec discussed the operation of the dumping area. There is open dumping, not covered as well as fires which are burning the refuse and sending out odors in the area. 234 Columbus Place Cliffside Park, New Jersey 07010 July 29, 1968 Mr. Gerald Solomon Town Supervisor Queensbury Town Office Queensbury, New York Subject: 80 Garden Apartment Development, Bay Road Dear Mr. Solomon: In connection with our purchase of a 40-acre tract of land opposite the Adirondack Community College and our plans to construct 80 upper middle income garden apartments, we require concurrence from the Town Board that Queensbury Township will purchase and assume res- ponsibility for operation of the necessary sewerage treatment and disposal plant sized for 120 apartment units. This plant will be designed to meet the necessary New York State Department of Health requirements. This project, you will recall, was conceived and planned in early 1966 when three important steps were taken: • We purchased a long-term option on the subject land • We requested and obtained the necessary zoning • We commenced a series of meetings on the sewerage 1 problem with the then-current town supervisor, Mr. John 0. Webster Mr. Webster confirmed the feasibility and indeed the desirability of Queensbury cooperating in the development of the much needed apartment dwellings since public sewerage was assumed to be several years in the future. A number of letters were exchanged with Mr. Webster prior to thetime he left office. Since the need for this type of "totally landscaped" planned garden apartment development has grown more acute and we wish to make further financial commitments on this subject, we request that this matter be brought before the Town Board. Our timetable is one which requires the immediate commitment of funds for architectural and engineering work to permit ground-breaking in early March 1969. We would appreciate early action by the Town Board in the form of a letter of intent. Very truly yours Edward R. Grahl Councilman Robertson stated the original planning with the 1967 Town Board, was felt to be to the advantage of the Town of Queensbury as a whole. Sewerage plant discussed Town is considering absorbing the sewerage of the Adirondack Community College with the proposed garden apartments as planned. Councilman Robertson also urged that agreementshould be reached with the developer of the garden apartments. Supervisor Solomon announced that he has contacted Mr. Joseph A. Kestner, Jr. on the subject of his plans for expanding water supply with a filtersa#enrplant on the Hudson Ricer to be attached to the present Queensbury Water District Supply System. Councilman Demboski made a motion that a message be advanced to Superintendent of Highways, Bernard J. Codner for a speedy recovery of the Highway Superintendent, who is a patient in the Glens Falls Hospital. Seconded by Mr. Robertson. RESOLUTION NO. 181 Introduced by Mr. Robillard, who moved its adoption. Seconded by Mr. Demboski RESOLUTION DIRECTING DEFENSE OF LEGAL ACTIONS AGAINST THE TOWN. WHEREAS, BRADLEY KERNAGHAN and CHARLES DEMBROSKY as Plaintiffs have commenced legal action against the Town alleging the negligent construction and maintenance of Rockhurst and Cleverdale Roads, and WHEREAS, the question of highway construction and maintenance is of great importance to the Town; therefore be it I t�y RESOLVED, that the Supervisor of the Town be, and he hereby is, authorized and empowered to retain legal counsel in the matter upon such terms as he deems proper and advisable and he shall authorize such counsel on behalf of the Town to take such action as may be deemed advisable to bring about a speedy determi- nation of the rights and interests of the Town with respect to said matter. Duly adopted the 22nd day of August, 1968 by the following vote: Ayes - Mr. Demboski, Mr. Turner, Mr. Robillard, Mr. Robertson and Mr. Solomon Noes - None RESOLUTION NO. 182 INTRODUCED BY MR. ROBERTSON, who moved its adoption SECONDED BY MR. SOLOMON RESOLUTION TO ACCEPT DEED FOR TOWN HIGHWAY WHEREAS, pursuant to a resolution of this Board duly adopted and enacted, the Town has acquired lands of Mary D. Carey and William F. Carey d/b/a Carey Real Estate Trust located in the Town of Queensbury, and WHEREAS, said Careys have executed and offered a deed ceding to the Town a certain street or road for access to said acquired lands as said street or road is shown on a Map prepared by Rist-Frost, Associates, Consulting Engineers, dated June 5, 1968, filed with the Town Board, and described as follows: Beginning at a point on the southerly boundary of the Glens Falls - Corinth Road, said point being north 840- 59' - 18" west, 619.0 feet from the north easterly corner of the lands of the Carey Real Estate Trust; thence south 050- 52' - 20" west, 2,433.30 feet to a point on the southerly boundary of the lands of the Carey Real Estate Trust; thence south 83° - 50' -02" west, and along the southerly line of the lands of the Carey Real Estate Trust 51.12 feet to a point; thence north 050 - 52' - 20" east, 2,A43.22 feet to a point on the southerly boundary of the Glens Falls - Corinth Road; thence south 840 - 59' - 18" east and along the southerly boundary of the Glens Falls - Corinth Road 50.01 feet to the point of beginning, containing 2.798 * acres of land more or less. Tie above description is intended to describe a parcel of land 50 feet in width running southerly from the Glens Falls - Corinth Road thru the lands of the Carey Real Estate Trust, with the center-line of said 50 foot wide parcel being at all times 644.0 feet distant westerly from the easterly line of the lands of the Carey Real Estate Trust. and WHEREAS, Bernard J. Codner, Superintendent of Highways has advised this Board that he recocm ends the acceptance of said street or road into the town highway system, and WHEREAS, it is deemed in the best interest of the Town to accept said street or road, and WHEREAS, said deed has been approved in form by Harold W. Katz, Counsel to the Board, now, therefore, be it 10 RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved, and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk' s Office; after which said deed shall be properly filed in the office of the Town Clerk, and be it further RESOLVED, that this new street or road is hereby added to the official inventory of town highways and described as follows: ROAD # Description: Name: Mileage: Duly adopted this 22nd day of August, 1968 by the following vote: Ayes: Mr. Demboski, Mr. Turner, Mr. Robillard, Mr. Robertson and Mr. Solomon Noes - None RESOLUTION No. 183 introduced by Mr. Robertson seconded by Mr. Turner TAX ANTICIPATION NOTE RESOLUTION OF AUGUST 22, 1968 FOR THE ISSUANCE OF A NOTE OF THE TOWN OF QUEENSBURY, NEW YORK, IN THE AMOUNT OF $41,366.00 IN ANTICIPATION OF THE COLLECTION OF TAXES FOR THE FISCAL YEAR 1969 WHEREAS, the former Town Supervisor, John Webster, contacted with the Office of Planning Coordination of the State of New York for urban planning assistance, and WHEREAS, said John Webster executed Comptroller' s Contract No. 307-2 with the State of New York to carry out this project, and WHEREAS, the share of the Town of Queensbury for said Urban Planning Assistance Program No. P-76 has been determined to be $4366 and demand for same has been made by the Bureau of Planning Administration, and WHEREAS, provision for the payment of said charge has not been made in the current Town budget and no funds are avail- able for the payment of said claim, now therefore BE IT RESOLVED this 22nd day of August, 1968 by the Town Board of the Town of Queensbury, New York, as follows: Section 1. That the Town of Queensbury, New York, in anticipation of the collection of real estate taxes to be levied for the fiscal year commencing January 1, 1969, and pursuant to the Local Finance Law of the State of New York, shall issue and sell a tax anticipation note in the amount of $4366 to mature on August 22, 1969, and that the date of maturity of such note shall not and does not extend beyond the applicable period provided by Section 2tf,�.00 of the said Local Finance Law for the maturity of such notes, to wit, beyond one year from date of issuance. - i Section 2. That, except as herein specifically pre- �J scribed, said note shall be of the date, terms, form, contents and place of payment and at a rate of interest not exceeding four per centum per annum, as may be determined by the Supervisor of the Town of Queensbury, consistent, however, with the provisions of the said Local Finance Law of the State of New York; and shall be executed in the name of the said Town by its Supervisor and the seal of the Town shall be attached thereto. Section 3. That said note shall be sold at private sale by the Town Supervisor at a price of not less than par value and accured interest, if any, and upon the due execution and sale of said note the same shall be delivered to the purchaser upon the 1IA payment by him of the purchase price in cash to the Town Super- visor; and the receipt of such Supervisor shall be a full acquit- tance to such purchaser who shall not be obliged to see to the application of the purchase money. Section 4. The full faith and credit of the Town of Queensbury, New York, are pledged to the punctual payment of principal of and interest on said note. Section 5. This resolution shall take effect immediately. Duly adopted this 22nd day of August, 1968 by the following vote: Ayes - Mr. Demboski, Mr. Turner, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes - None RESOLUTION NO. 184, introduced by Mr. Robillard, seconded by Mr. Robertson. MAINTENANCE WATER MAINS RESOLUTION OF TOWN BOARD WHEREAS, the New York State Department of Transportation proposes the construction of a portion of Glens Falls - Lake George, SH 417 and Aviation Road, SH 9379 in the Town of Queensbury, and WHEREAS, the State will provide for the relocation and replacement of existing water mains and service connections with a new cast iron water main and new service connections, as shown on the contract plans relating to the project, and WHEREAS, the service life of the relocated and replaced utilities have been extended. NOW, THEREFORE, BE IT RESOLVED: that the Town of Queensbury approves all of the municipal utility relocations and replacements and that the Town of Queensbury will supply the new 12" cast iron (push-on joint) water main and fittings required to complete the work along SH 417 from the Glens Falls City Line to the present Aviation Road Inter- section at the time and place designated by the New York State Department of Transportation, and it is FURTHER RESOLVED: that the Town of Queensbury will maintain these utility relocations and replacements. Duly adopted this 22nd day of August, 1968 by the following vote: Ayes - Mr. Demboski, Mr. Turner, Mr. Robillard, Mr. Robertson and Mr. Solomon. '" Noes - None 12 RESOLUTION NO. 185 , introduced by Mr. Robertson, seconded by Mr. Turner. WHEREAS, the fact has became evident that repairs are needed in the Storm Sewer System on Fort Amherst Road, and WHEREAS, the materials for this re-construction have been purchased and are on hand at present, therefore be it RESOLVED, that the Highway Department of the Town of Queensbury will make the necessary repairs to the Storm Sewer System on Fort Amherst Road at which time as the Highway Department can, �1 accomplish the repairand replacements. Duly adopted by the following vote: Ayes - Mr. Demboski, Mr. Turner, Mr. Robillard, Mr. Robertson and Mr. Solomon. On motion the meeting adjourned at 9:40 p.m. Respectfully submitted George C. Crannell, Town Clerk Regular Meeting September 12, 1968 Present: Gerald B. Solomon Supervisor Lloyd Demboski Councilman Theodore Turner Councilman Harold Robillard Councilman Hammond Robertson, Jr. Councilman The meeting was called to order by the Supervisor at 8:07 p.m. Supervisor Solomon greeted the following visitors: Gladys Swigert - Visitor Robert M. Swigert - Visitor Pliney Tucker - Visitor David Goodrich - Visitor Mildred Cacchillo - Applicant for Mobile Home Permit Teresa Brewster - Applicant for Mobile Home Permit J. G. Stecher - Visitor William Richardson - Visitor John Austin - Radio Station WWSC Juliette Ellingsworth - League of Women Voters Loren L. Markwell - Visitor Florence Mcllvaine - Reporter, The Post Star Supervisor Solomon declared the public hearing open on the application of Teresa Brewster for a:permit to locate a Mobile Home on Route #9 Lake George Road. Proof of publication was presented by the clerk. f The clerk read the Notice as published. Supervisor Solomon requested any statements from persons present either in favor of or in opposition to the granting of the permit. Mrs. Theresa Brewster spoke in favor of granting of the permit. There was no persons spoke in opposition. The public hearing was closed at 8:10 p.m.