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1966-03-10 Regrslar Meeting March 10, 1966 Present,: John 0. Webster Supervisor_ N. Harwood Beaty Councilman Theodore Turner Councilman Curtis Lamson Councilman Hammond Robertson, Jr. Councilman Supervisor Webster called the meeting to order at 7:30 p.m. The following visitors were greeted by Supervisor Webster. .James Dempsey - Visitor Floyd Picket Visitor Leon Bennett - Visitor Atty. Martin Geruso - Vis-itor Noble Reynolds - Visitor. Jerry Bennett - Mobile Home Application Thomas K. Flaherty - Superintendent of Queensbury Water District Bernard J. Codner - Superintendent of Highways John Austin, Jr. - Reporter, The Post Star The minutes of the meeting-of March 3rd, 1966 were approved. C rri_ed unanimously. The clerk proceeded to present an application under Section 4B of the Mobile Fome Ordinance of the Town of Queensbury, for Mr.Cerald Bennett of 109 Dix Avenue, Hudson Falls, TTew York. Superintendent of Highways, Bernard J. Codner stated that >the-- road where th.e mobile home would be located is not a town. road at this time. Mr. F. Mrs Douglas Williams and Mr. A• Mrs. Paul LeClair visited the meeting at this time. Mr. Floyd Pickett spoke in favor of the granting of a permit on a temporary basis for Mr. Gerald Bennett. The decision. of the Town Board i.n its entirety was to receive the application, but action on the matter will be delayed until a later date. Attorney Martin Geruso, stated that he was agreeable to change the original apnlicati_on to Section 4 - 2C of the. Mobile Home Ordinance of the Town of Queensbury. Mr. James Dempsey stated that a certain church group of which he is a member are resisting the fact that a local business firmhas deci.dpd to remain open for business on Sunday' s. Chief of Police, LeRoy Phillips and Mr. Melvin Slopey visited the meeting at this time. STATE TRAFFIC COMMISSION File 656 NOTICE OF ACTION G-1313 — Warren County As of March 2, 1966 The State Traffic Commission has filed an order with the Secretary of State wherebv Section 2352.10 Subdivision (e) Paragraph (1L___ of the Regulations of the State Traffic Commission is Repealed d- � (State Traffic Commission - Notice of Action -continued) It reads as follows: (e) Intersection of Route 254 with: (1) Glens Falls Bypass (Station 34-1- on SH 656) with stop sign on ,Glens Falls Bypass - entrance from north. The above action is to be effective Upon Completion This action is taken to order the removal of the stop sian when Signal 21 is installed at this location. The N.Y.S. D.P.W. is to install, operate and maintain, or remove, Traffic-control devices in conformance with the Manual of Uniform Traffi-c Control Devices of the State Traffic Commission to complete this action. Copies of a completion notice have been enclosed for this purpose. One copy should be properly executed, shoeing date of pompletion, and returned to this office. County: �larren Town: Que.ensbury STATE TRAFFIC COMMISSION WILLIAM S. HULTS Chairman By: LLOYD A. MAEDER Chief Traffic Engineer t STATE TRAFFIC COMMISSION File 656 NOTICE OF ACTION ` G-i313 Warren County As of March 2, 1966 The State Traffic Commission has filed an Order with the Secretary of State whereby Section 2052.10 Subdivision N Para.nraph ------ of. the Regulations of the State Traffic Commission is Added To read as follows: (k) Route 254, SH 656, at its intersection with Quaker_ Road , Route' 254 (CR 42) (Signal 21) (1) A right green arrow facing east on Route 254 shall be displayed during appropriate intervals of the signal cycle. The above action is to be effective Upon Completion This action provides for the installation, operation and maintenance of Signal 21 in accordance with' the` attached pa'es. The N.Y.S. D.P.W. is to install, operate and maintain, or remove, Traffic-control devices in conformance with the Manual of Uniform -- Traffic Control Devices of the State Traffic Commission to complete this action. It is essential that this office be promptly advised of the date of completion. Copies of a completion notice have been enclosed for tbisp purpose. One copy shouldd be properly executed, showing" date of completion, and returned to this office. STATE TRAFFIC COMMISSION County Warren WILLIAM S. HULTS, Chairman Town: Queensbury By: LLOYD A. MAEDER rl,ief Traffic rralInPer The following communication was read by the clerk: An application was received from Melvin Slopey to build and arrange a Mobile Home Court in a location on VanDusen and Pitcher Road. Supervisor Webste- questioned the plans of Mr. Slopey as to whether the lots would be ,sold outright or for rent only. Mr_ . Slopey stated that he is planning to rent lots for mobile home occupancy. The application was tabled for study. Action will take place at an early date. The report of New Construction was received and placed on file, There were ten reports received for the month of February, 1966. Supervisor Webster presented the Monthly Highway Financial Rep-ort to the members of the Town Board. The Monthly Statement of the Supervisor was received and placed on file. The Total Receipts for the month of February were $44,128.63. The Total. Disbursements for the month were $91,555.17. Mr. LeRoy Phillips, Chief of Police was granted the floor; The report was submitted that uniforms are available from the Warren County Sheriff' s Department at a cost of $1.00 each. RESOLUTION N0. 62, introduced by Mr. . Robertson, seconded by Mr. Turner. WHEREAS, the Town Board heretofore adopted Resolution No. 38 for A public hearing at the Queensbury Junior High School on January ,27, ,1966, on proposed contracts for general ambulance service fora consideration of $1,000.00 with West Glens Falls Volunteer Fire Company, Inc. , Bay-Ridge Volunteer Fire Company, Inc. , and North Queensbury Volunteer Fire Company, Inc_. , and _ WHEREAS, such public hearing was held at the appointed time and place and no person appeared in opposition to the making of the- proposed contracts and it has been determined that it will be in the public-interest to make such contracts, be it RESOLVED that the Town. Board of the Town of Queensbury enter into contracts with each of West Glens, Falls Voli.inteer° F _re Company, Inc. , Bay-Ridge Volunteer Fire Company, Inc. and North Queensbury Volunteer Fire Company, Inc. for general ambulance service in the Town of Queensbury during the fiscal year of 1966 for a consideration of $1,000.00 to be paid to each said Company, and that the Supervisor be and he"hereby is authorized to execute siich contracts on behalf of the Town Board in form approved by the County Attorney. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. La.mpson, Mr. Robertson. and Mr. Webster. Noes - None RESOLUTION N0. 63, introduced by Mr. . Lampson, seconded by Mr-.' Robertson. WHEREAS, the Town Board, acting for and in behalf of Bay Road�Water District, entered into a contract with Howard A. LaRose on September 9 , 1965, said contract being designed as Contract No. 6, for the installation of water mains in Bay Road Water District for a contract price of $233,490.00, and P) (Resolution No. 63 - continued) WHEREAS, at the time the specifications for said contract were prepared the exact location of the water mains were uncertain by reason of a projected improvement of Bay Road by the County of Warren, and subsequently the Warren County Department of Highways prepared a ma-T) for the f,mprovement of Bay Road which required a change of the location of the water main, and as a result of such. change of location Howard A. LaRose, the contractor, has made a claim in the amount of $1,310.80 for additional. rock excavation and the amount of such claim has been. approved by Joseph A. Kestner, engineer, and — t WHEREAS, Howard A. LaRose has made claim for an additional. amount of $115.74 for additional work performed by him in connecti.onwith the Bay Road water main project which was not covered.by the specifications or contract and Joseph A. Kestner has approved the sum of $115.74 as the reasonable value of such additional work, be it RESOLVED, that the Town_Board of the Town of Queensbury, acting for and in behalf of. Bay Road Water District, pay to Howard A LaRose the sum of $15310.80 as the fair and reasonable value of additional rock excavation made necessary by the change of location of the water main after- the adoption of specifications, and the further slim of $11.5.74 as the reasonable valise of additional work performed by Howard A. La.Rose, which work was not included in the specifications or included in Contract No. 6. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Ttirner, Mr. Lampson and Mr. Robertson Noes - Mr. Webster RESOLUTION NO. 64, introduced by Mr. Turner, seconded by Mr. Beaty. P.EVEWE ANTICIPATION NOTE. RFS0T,UTION OF THE TO OF. QTTFENSBURY 31 TOWN WARREN COUNTY, NEW YORK, IN THE AMOUNT OF $20,000.00 BE IT RESOLVED this 10th day of March, 1966, bv, the Town Boardd, of the Town of Queensbury, Warren County, New York, as follows: Section 1. That, pursuant to the Local Finance Law of the State of New York, in anticipation of the coll.ecti..on of a specific revenue other than real estate taxes or assessments, to wit: the receipt and collection of water rents in Queensblary hater District in said town to become due and payable during the fiscal year commencing January 1., 1966, shall. issue and -ell n revenue anti_cipntion not in the amount of $20,000.00 to mature on July 1, 1966. Section 2. That the amount of the unCbllectred specific revenue aforesaid, to wit: the collection of water rents in. (",kieensbury Water District against which said note is anthor.ized to be i_ssiied, is as of the date hereof the sum of at least $45,000.00 and that tbPr_e are no other ot,tstanding revenue anticipation notes issued in anticipation of the receipt of such revenue. Section 3. 'bat-, except as herein specifically pr. esr..ri.bed , said note shall_ be of the date, terms, form contents and place, of na,,rment and at a rate of interest not excecd?i_nz three and one-half (31%) per centum per annum as may be determined and executed by the Supervisor, consistent, however, with the provisions of the LocnI. Finance Law of the State of New York, and shall_ be executed in the name of the said Town of Qt eensbury by its Supervisor and the seal of the Town ehAll be attached thereto and attested by its Toem Clerk, Section 4. That said note shall be sold at private sale by the Supervisor at a price of not less than par value and accused interest, if any, and upon due execution and sale of said note, the same shall be delivered to the purchaser upon the payment by him to the Supervisor of the purchase price in cash, and the receipt of the Supervisor shall. be a full acquittance to the purchaser who shall not be obliged to see to the application of the purchase money. Section 4. The Bill faith and credit of the Town of Qpeensbury, Warren County, New York, are pledged to the punctual_ payment of the principal of and interest on said note. Section 6. This resolution shall take effect immediately. The foregoing resolution was duly put to a vote which resulted as follows: Yes-Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. No- None The, deed of Lester Drive was presented to the clerk for fileing. WARREN COUNTY MUNICIPAL CENTER Lake George, N. Y. Department Law March 10, 1966 To: John 0. T• eb ster, Supervisor Re: Tester Drive I have examined the enclosed deed from John Lester to the Town of Queensbury conveying lands for Lester Drive and it appears to me to be satisfactory in form. This is the case where the acceptance pf the highway depends on some additional work being done by Mr. Lester. Clark, Bartlett, Caffry & Dube, attorneys for Mr. Lester, prepared an agreement which y specified certain word to be done and under i%rhich Mr. Lester was to deposit $1,000.00 with his attorneys in lieu of a performance bond. I was not satisfied with the terms of this agreement because I feel that the money should be held by the Town in the escrow and agency account until the work is done. The money would be perfectly safe with the attorneys but if Mr. Lester should die before the work is done, the money would be an asset of his estate. If the executor or administrator failed to complete the work tinder the agreement, the Town would have to do it and would probably wind up with a claim against the estate which might lead to litigation. Also I want the agreement to provide that the Town Superintendent of Highways shall be the ,sole judge as to whether the workhas been completed in accordance with the agreement. — Mr. Bartlett' s office has agreed to prepare a new agreement which will provide that the Town hold the $1,000.00 and which will make Mr. Codner the sole judge as to the sufficiency of the work done under the agreement. (ReY Lester Drive - continued), Mr. Bartl.ett' s office has agreed to prepare a new agreement which will. provide that the Town hold the $1,000.00 and which will make Mr. Codner the sole judge as to the slifficiency of the work done under the agreement. Mr Lester has a purchaser for lot on. Lester Drive but the attorney for the purchaser will not approve the title until. the Town has accepted Lester Drive as a town highway. I suggest, that you bold up- the acceptance of the deed until the agreement has been redrafted and executed and the $1,000.00 paid to the Town. Albert E. Beswick County Attorney RESOLUTION TO PROVIDE FOR ACCEPTANCE OF REVISED AGREEMENT RESOLUTION NO. 65, introduced by Mr. Turner, seconded by Mr. Robertson. WHEREAS, this board adopted resolution. #50 on February 1.0, 1966 which approved an agreement with Mr. John Lester subject to the approval of County attorney, Albert E. Beswick, and 14HEREAS, attor_ney` Beswick has a0visod this board that he recommends that certain changes be made in this agreement, be it RESOLVED,.' that the original agreement, as set; forth in the minutes of this board dated Febrtiary 10, 1966 is hereby not accepted, and be, it further_ RESOLVED, that a new agreement as set forth in the minutes of this meeting, be and the same is hereby approved, subject to the approval of Attorney Albert E. Beswick, and be it further r RESOLVED, that all reference tQ this agreement contained in said Resolution 4A 50, dated February 10, 1966, shall apply to the new and revised agreement as set forth in the minutes of this meeting. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None THIS AGREEMENT, made in duplicate originals, this 10th day of March, 1966 between JOHN LESTER residing on West Mountain Road, Town -of Queensbury, Warren County, New York, hereinafter refferred to as the Party of the First Part, and THE TOWN OF OUEENSBURY, a municipal corporation with offices in Warren County, New York hereinafter referred to as the Party of the Second Part, WHEREAS, the Party of the First Part is the owner of a certain subdivision of land known as and by "Lester Drive" located in the Town of Queensbury, Warren County, New York,, as shown on a certain man entitled, "Map of Lester Drive" made by John B. VanDusen, Professional -- Land Surveyor, dated May 29, 1965 and filed in the Warren County Clerk' s office on November 29, 1965, and WHEREAS, the Party of the First Part is desiroi.is of conveying to the Party of the Second Part a. road also known as "Lester Drive" as shown and described op the aforementioned map of "Lester Drive SubdivisionP1; and 376 WHEREAS, said road does not, at the present time, comply with the requirements of the Party of the Second Part for unconditional acceptance, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: . That in consideration of the maltual promises and agree- Tpemts herein contained, the parties hereto agree as follows 1. The Pa:rtyaof the First Part shall, no later than July 111 1966 bulldoze said road to the appropriate grade through- out its entire width and. thr_ol.ighout the, turnaround as both width and turnaround are shown on the aforementioned map , and the Party of the First Part further agrees to install on or before such date, a twelve inch culvert underneath said road in such a _manner as to cause the water flowing through such culvert to discharge and flow al.on- the common boundary between Lots No. 10 and 11 of "Lester Drive" as shown on the aforementioned map, which culvert installa- tion is- to be made in the event that the exi sting, culvert beneath . - said road is not so installed as to direct the drainage as afore- said. 2. The Party of the First Part further agrees to deposit, simultaneously with the execution of this agreement, the sum of One Thousand Dollars ($15,000.00) in escrow, with the party of the second part, to be deposited in its escrow account, upon the following escrow terms: That in the event the work as aforesaid on said "Lester, Drive: is completed prior to July 1, 1.966,., and approved in writing by Bernard Codner, Superintendent of Highways of the Town of Queensbury, or his successor, then, in that event, the said sum of money is to be released from escrow and returned to .the Party of the First Part. In the event that said work is not completed on time and to the satisfaction of said Superintendent of Highways, said escrow fund is to be delivered to the Party of_ the Second Part to be used by it, in whole or in part, to effect the highway improvement as aforesaid. 3 The Party of the Second Part hereby agrees to accept said road kn m as "Lester Drive" immediately and in its present condition and to keep said road free of snow and ice, and to perform any and all services to said road which are customarily performed to public highways within the Town of Queensbury. John J. Lester TOWN OF QUEENSBURY BY: John 0. Webster,, Supervisor RESOLUTION TO AUTHORIZE TRANSFER OF FUNDS RESOLUTION NO. 66, introduced by Mr. Lampson, seconded by Mr. Turner. . RESOLVED, that the Supervisor is hereby authorized and directed to transfer the sum of $1,000. from surplus funds in the General Town Fund to the Queensbury Drainage District Fund, said sum to, be re- nai.d to the General Town Fund without- further resolution of this board as soon as sli.fficient tax monies are received by the Queens- bury Drainage District, durin¢ this fiscal year of 1966. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster_ . Noes - None Justice of the Peace, James A. Davidson. visited the meeting at this time. RESOLUTION TO APPROPRLAT.E UNEXPENDED 1965 BALANCES IN HIGHWAY FUNDS RESOLUTION NO. 67, introduced by Mr. Robertson, seconded by Mr. Lampson. RESOLVED, that the following unexpended balances be and the same are hereby appropriated as follows: ITEM # 1 Balance of $2.01 appropriated to ITEM # 1 Repair, thereby increasing the 1966 appropriation from $100,000.00 to $1002002.01. ITEM # 3 and 4 Balance of $5,903.80 appropriated to T.TEM 4 3, Machinery Purchase, thereby increasing the 1966 appropriation -from. $17,000.00 to $22,903.80 Duly adopted by the following vote: Aves - Mr. Beaty, Mr. . Tttrner, Mr. Lampson Mr. Robertson and Mr. Webster_ Noes - None RESOLUTION TO AUTHORIZE INCLUSION OF WORKMEN*S COMPENSATIOI\T COVERAGE FOR ELECTIVE OR APPOINTIVE OFFICERS OF THE TOWN OF QUEENSBURY RESOLUTION NO. 68, introduced by Mr. Lamason, seconded by Mr. Rea_ty. RESOLVED, that this board , acting on behalf of the Town of Queensbury, and pursuant to Section 54, Subdivision 6 of the New York Workm.en' s Compensation Lana, hereby elects to bring All of its elective or appointive officers w-,Lthin_ the coverage of the New York Workmen' s Comnensation La.g, it being the intent of this resolution to provide such coverage to all town officials and officers and employees, both electi.ve and appointive, wi_tho„r exception. Deily adopt-e(i b-,T t-hQ fol.lru7iinc, vote: Ayes - Mr. . Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None Councilman Beaty reported do eompla�nts as received from residents of 0*aen Avenue, to do with impossible highway conditions. A lengthy study on the lay-out-, of the new Municipal. Building took place at this time. RESOLUTION 1,10. 64, TNTRODUCED BY Mr. Beaty, seconded by Mr. . Robertson. RFSOLVED that the Aiidi.t- of Claims as listed in Abstract #66-3 numbered #299 through #347 inclusive and totaling $66,671.14 is hereby approved. Duly adopted by the following vote : Aves - Mr. Beaty, Mr. Turner, Mr. T amp son, Mr. . Robertson and Mr. Webster Noes - None On motion. the meeting adjoiirned;° Respectfully submitted George C. Crannell, ToT,m Clerk