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1964-12-10 396 Regular Meeting December 10, 1964 Present: John 0. Webster Supervisor 9 N. Harwood Beaty Councilman Theodore Turner (absent) Councilman Curtis Lampson Councilman Hammond-Robertson, Jr. Councilman The meeting was called to order at 7:30 p. m. Visitors greeted were as follows: Attorney Arthur Greenberg Malcolm Ferguson Attorney Gerald McPhillips John Lynch Bernard J. Codner - Superintendent of Highways Bernie Zovistosky - The Post Star Thomas Flaherty - Queensbury Water Employee Attorney Arthur Greenberg discussed the recent decision of the Common Council of the City of Glens Falls, which declared that the franchise with the Mohican T.V. Corporation was valid. A report was submitted by the Attorney on the progress to date to start construction of the Coaxial Cable system within the City of Glens Falls. Mr. Greenberg introduced Mr. Malcolm Ferguson, the engineer for the Jerrold.-Corp- •.. oration who will install the system for Mohican TV. Corporation. The proposed Television Channels which will be produced by the system were discussed at length. The mileage of the proposed cable and, the footage cost was stated by the engineer. Mr. Ferguson discussed the background of the Jerrold Corporation which he represents. Supervisor Webster questioned the engineer as to what protection would be installed to protect customers from any danger from line voltage should a power line cross the cable. Attorney Gerald McPhillips, representing the Newhouse Corporation, stated that he filed an application for a franchise in the form of a petition some time ago. The attorney discussed the decision of the City of Glens Falls to accept the franchise of the Mohican TV. Cable Corporation. The opinion advanced by Mr. McPhillips was that no one group should be designated to install the Coaxial Cable system in question. It was stated by the attorney at this time that the Newhouse Corporation are prepared to implement the ground work for later con- struction within 48 hours. An opinion was advanced by Mr. McPhillips that any applicant will be scrutinized by the Public Service Commission. Councilman Beaty questioned Mr. McPhillips as to the proposed tower site. It was stated that several locations are available if the franchise is granted. . Attorney McPhillips presented another copy of the application of the Newhouse Corporation to the Clerk. Supervisor Webster questioned Attorney Greenberg as to the reason that the application for the franchise was presented to the City of Glens Falls withour including the Town of Queensbury in the plans. Mr. John Lynch of the Normandy Broadcasting Corporation was granted the floor. The question was discussed as to whether or not a Coaxial system could operate satisfactorily without the help of micro-wave. Mr. Lynch elaborated on the fact that he is a local resident who intends to provide as good as possible 'a ystem within the Town of Qaeensbury. 97 Attorney McPhillips again brought -out the question as to how the utilities will handle the granting of permission for pole use on which the proposed cable would be installed. Following a lengthy discussion on all points of granting a franchise; Mr. John Lynch was greeted at the meeting again. Councilman Beaty, questioned Mr. Lynch as to whether he plans to make use of micro-wave in his proposed-installation. The applicant Mr. Lynch stated that eventually micro-wave will be used. Councilman Beaty, questioned Mr. Lynch as to the quality of the reception which he expects to supply for the consumers. Councilman Robertson questioned .Mr. Lynch as to his plans for providing a proper service organization. Discussion ensued on the financial backing, which must be available -to make the installation possible. Mr. Lynch proceeded to answer all questions of the satisfaction of all members of the Town Board. A note of appreciation was presented by the clerk which was received from Councilman Turner, who has been confined in the hospital .for some time. Supervisor Webster reported on the activities of several local groups in the recent ice storm emergency of the past several days. QUEENSBURY WATER DISTRICT December .9, 1964 This is a report of events that took place with this department as a result of the ice storm that started Friday December 8, 1964. The power went out at 5:30 A.M. Saturday December 5, 1964, as a result of broken power lines near the Pumping Station. The road was blocked with 5 Brich trees and hot wires. A Pumping Station was opened at 7:30 A.M. and it was found that some damage had been done to the control panel for the large pump. At this time we had 32� feet of water in our storage tanks. After a complete check of the situation at the Pumping Station and the conditions on the storm damage to the rest of the area, the auxiliary motor and pump where stated at 11:00 A.M. From 7:30 A.M. Saturday to 4:30 P. M. Tuesday the ,Pumping Station was continuously maned. The road was cleared for travel by 11:00 A.M. Monday. The power lines where repaired and power restored by 9:30 A.M. Tuesday. Total time without power 76 hours. Total time with auxiliary motor and pump running 65 hours. Storage level at start 29k feet, level at end 28 feet. Approz. total gallons pumped 1,170,000. Total of 2000 potnds of gas used. Brown Bros. came and checked controls for pumps and are ordering parts for same. 398 B.I.F. controls not working right, called New York City office and requested service man, will be here as soon as possible. Truck broke down during storm, should be repaired by towmorrow. Leak reported today -at Sweet Road, found water coming from gate box, called John Kubricky, as this is his work, he is in Albany, but will be up as- soon as possible. - •QUEENSBURY WATER DEPARTMENT To The Queensbury Town Board Mr. John 0. Webster, Supervisor Report of storm, December 5, 1964 --- December 8, 1964 The Town of Queensbury pumping station lost all electrical power at approximately 5:30 Saturday, December 5, 1964. At this time the situation was reported to the -Niagara Mohawk Power Corp. We remained with out power until 9:30 AM Tuesday, December 8, 1964. By 11:00 AM Saturday we had our auxilary pump in operation and pumped continuously until power was restored. The pumping station was manned around the clock. Total time without power 76 Hours Total Time continuous pumping 65.6 Hours Approximate gallons pumped 1,181,400 gals. During this extended time we maintained 30 +- feet of water in our storage tanks at our regular presure. The Department has made several observations and recommendations which will be submitted at a later date f6r study. Respectfully submitted Thomas K. Flaherty QUEENSBURY WATER DISTRICT December 9, 1964 OBSERVATIONS MADE DURING STORM OF Dec. 5, 1964 1. Our auxilary pump requires 50 HP to operate at rated capacity. Our auxilary engine is rated at 60 HP under ideal conditions not allowing for less-.,.of power due to friction, emergency generator, or safety factors. This rate is at 3000 RPM. Due to the above mentioned losses we are able to produce only 58 -HP at 2600 RPM which is not enough to run our auxilary pump at full capacity. This does not allow us much reserve or -recovery in case of fire or main breaks. 2. The LP fuel system -is of poor design due to the fact that the tan tanks vaporize and freeze. This is caused by the rapid rate of fuel consumption of the engine. This necessitates changing the tanks every two hours or sooner. You then have to bring the frozen tanks into the station to thaw in order to get full consumption of the LP gas. 3. The emergency generator is not ofsufficient size to operate the chlorinator and phosphate motors and supply lights to the station. 399 4. When the auxilary engine is in use or in the summer when the 100 HP. pump is used the station is excessively noisy. This makes it very difficult to use the telephone or carry on normal business. 5. The Wisconsin air cooled engine has a high oil consumption and runs -hot when used continuously for any lengbh of time. 6. With only one truck we are without transportation in the event of vehicle breakdown. RECO*WNDATIONS FOR CONSIDERATION 11 That a larger auxilary engine and generating plant be looked into. This engine should be-water cooled. With our 500 gallon fuel oil storage a diesel unit might be considered. 2. The above mentioned would eliminate the LP gas problem. However if this is impractical, a different method of LP gas storage should be arranged. 3. That the office area of the station be sound proofed making it easier to conduct business and use the telephone. 4. That we continue with our efforts to purchase a second truck. RESOLUTION NO. 223, introduced by Mr. Lampson, seconded by Mr. Robertson WHEREAS, Jerome Thorne has been serving as acting Superintendent of the Queensbury Water District and has submitted his resignation effective December 31; 1964, and WHEREAS, the Warren County Civil Service Commission has certified an eligible list on which Thomas K. Flaherty has qualified as Water. Treatment Plan Operator Trainee with a rating of 100, be it RESOLVED that the resignation of Jerome Thorne be accepted with regret, -and be it further RESOLVED that Thomas K. Flaherty be appointed Superintendent of Queensbury Water District effective January 1, 1965, and that such appointment be on a probationary basis for a period of three months under the Civil Service Law and the rules of the Warren County Civil Service Commission, Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Lampson, Mr. .Robertson and Mr. Webster Noes - None On behalf of the Town Board, Supervisor Webster expressed appreciation to Jerome Thorne for his services as Acting Superintendent of the Queensbury. Water District. A welcome was extended to Thomas K. Flaherty with an expression of hopes of good working conditions- between Mr. Flaherty and the Town Board. RESOLUTION NO. 224, introduced by Mr. Robertson, seconded by Mr. Beaty. WHEREAS, there was presented to the Town Board a petition praying for the establishment of a residential area at Assembly Point within the Lake George Park in the Town of Queensbury pursuant to the Pro- visions of Article 13-C of the .General Municipal Law, and 100 (Resolution No. 224 - continued) WHEREAS, a public hearing was held on such petition and Resolution NO. 214 was adopted by this Board making determinations that the petition is legally sufficient, that there is no real property within the proposed area which should not be included therein and that it is in the public interest to grant the relief sought, and requesting Albert E. Beswick, acting as Town Attorney, to prepare an ordinance which will- establish a residential-area as proposed in said petition, and WHEREAS, there has been prepared and presented to this Town Board a proposed ordinance, be it RESOLVED that a public hearing on the question of the adoption of such-proposed ordinance be held at the Queensbury Junior High School on the 14th day of January, 1965, and that the Town Clerk be and he hereby is directed to give notice of such public hearing in the manner required by the Town Law. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Lampson, Mr. .Robertson and Mr. Webster. Noes - None- The following Ordinance will be the subject of the hearing on the 14th day of January, 1965. ORDINANCE ESTABLISHING ASSEMBLY POINT RESIDENTIAL .AREA-IN-THE LAKE- GEORGE.PMM, Be it Enacted and Ordained by the Town Board of the Town of Queensbury, Warren County, New York, as follows: Section 1. The word "person" as used in this ordinance shall include an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the area. The words " residential area" shall have the meaning intended and provided-by Article 13-G of the General Municipal Law. The legislative intent in the adoption of the ordinance shall be as set forth in Section 280 of the General Municipal Law. Section 2. Pursuant to the provisions of Article 13-C of the General Municipal Law, there is hereby established a residential area in that portion of the Town of Queensbury wholly within the Lake George Park bounded and. described 'as follows: Beginning on the westerly shore of Harris Bay, Lake George, at the southeasterly corner of lands of--Louis J. Southard and the northeasterly corner of lands of . Witham Enterprises and Associates, running from thence in a westerly direction along the southerly bounds of the said lands of Southard and -the northerly bounds of the said lands of Witham to the southwesterly corner of the said Southard and the southeasterly corner of the lands of John G. McCormack; thence running westerly, being a continuation of the preceding course, along the northerly bounds of the said lands of Witham and the southerly bounds cif the said lands of .McCormack to a point in the easterly bounds of the lands of Leander H. Brayton; thence running southerly along the easterly, bounds of the lands of the said Brayton and the westerly bounds of the said Witham to a point in the northerly bounds of lands of Isalea L. Coon; thence running in an easterly direction along the southerly bounds of the 401 lands of the said Witham and a portion of the northerly bounds of the said .lands of Isales L. Coon to a concrete monument in the northerly bounds of-New York State Highway number 9-L, known as the Fort George-Brayton Connecting Highway; thence running westerly along the northerly bounds of the said highway to a point at the southeasterly corner of lands of the Town of Queensbury and the southwesterly corner of lands of Charles J. Astrowski and Leonard B. Boyd; thence running northerly along the easterly bounds- of the lands of the Town of Queensbury to the northeasterly corner thereof, being also the southeasterly corner of lands of Robert S. Henry; thence running westerly along the northerly bounds of the . lands of the Town of Queensbury and the southerly bounds of the lands of Robert S. Henry, crossing the. present Assembly Point Road and the former road, to the north- easterly corner of the lands now or formerly of Gertrude P. Scales; thence running southerly along the easterly bounds of the lands now or formerly of Gertrude P. Scales, the easterly bounds of the lands of Christian Dantsizen and the easterly bounds of the lands of Ida M. Peppard to the southeasterly corner thereof; thence running westerly along the southerly bounds of the said Peppard and the northerly bounds of the lands of William H. Gleason to the easterly shore of Dunham's Bay, Lake George; thence running along the shore of Lake George, as the same winds and turns, northerly northeasterly, southerly and southeasterly to the point and place of beginning." Section 3. On and after the effective date of this ordinance, no person- shall use any real property within the boundaries Df the aforesaid residential area for any industrial commercial purpose except that any residence within the said residential area may be leased or rented for single private family residential purpose, but this ordinance shall not apply nor, prohibit a non-conforming use in existance at the time of the effective date of this ordinance. Section 4. If the Town Board of the Town of Queensbury shall here- after adopt and -enact a general zoning ordinance for ,the entire Towne of Queensbury and any provisions of such general zoning ordinance relating to the use of real property in the said residential area established by this ordinance shall conflict with or be inconsistent with any provision of such general zoning ordinance, the provisions of such general zoning ordinance shall supersede the provisions of this ordinance and shall govern the use of such property. Section 5. A violation of this ordinance shall be an offense punishable upon conviction by a fine not ,to exceed One Hundred Dollars or Imprison- ment for not to exceed sixty days, or both, and each calendar week's continued violation shall constitute a separate additional violation. In addition to the foregoing penalties prQvided ,for a violation of this ordinance, the Town Board of -the Town of (jueensbury shall have the right to apply to any court of competent jurisdiction for an order to restrain and enjoin any proposed or threatened violation of this ordinance. — Section :6. This ordinance shall take effect iupmediately. RESOLUTION NO. 225, introduced-by Mr. Beaty, seconded by Mr. Robertson. WHEREAS, applications were received from Mohican Television Cable Corporation, Newhouse Corporation and Normandy Broadcasting Corporation for a franchise to install and operate a community television antenna system in the Town of Queensbury, and 402 WHEREAS, a public hearing was held on December 3, 1964, at which representatives of all three applicants were present and stated the proposed- method of operation of each applicant and all persons interested in the subject of the proposed franchise were heard, and WHEREAS, the proposals made by the three applicants were similar and after consideration of all factors, it appears that a franchise should be granted and that Normandy Broadcasting Corporation has leased a site in the Town of Queensbury for the erection of the microwave tower and is prepared to proceed with the construction of the system, and that it will be in the best interests of the Town of Queensbury to grant the application of Normandy Broadcasting Corporation, be it RESOLVED that the granting of a franchise for a community television antenna -will be for the public convenience of .those residents in the " Town of Queensbury who reside in areas where it is practicable to furnish such service, and be it further RESOLVED that the application of Normandy Broadcasting Corporation for a franchise to install and operate a community .television antenna service in the Town of Queensbury be and the same hereby is granted, and that such franchise shall contain all of the con- ditions specified in the application and such further conditions as shall be determined by the Town Board to be ,requ�.red to protect the interests of the town and its residents. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Lampson, Mr. .Robertson and Mr. Webster. Noes - None- MONTHLY STATEMENT OF SUPERVISOR November, 1964. _ -- Date Amount -Received Source deceived 2 From G.F.National Bank & Trust to W.G.F.Water-- Interest CD 175.00 2 From G,FNattona.l Bank & Trust to Capital Reserve 350.00 9 " F. Grannell to- General--School Tax fees 29122.47 9 '•' Warren Co. Sheriff to General--Fine 50.00 9 Geo.Crannell to General--Town Clerk fees 306.50 9 F.Cowl-es to PineView Cemetery-Cemetery fees 21508.00 13 `` J. Thorne to Queensbury Water--water taps 191.00 13 "Queensbury Wtr. to Payroll Account--Pr. #21 343.90 13-16 "General to Payroll Account--Pr. #21 11773.54 13 From Kubricky to Highway Dept.--Labor on water project 66.00 16 - " Queensbury Construction Account--transfer of funds Queensbury Wtr. Dist. Bond Acct to APW NY 52G 309000.00 16 From Pine View to Payroll Account--Pr.#21 397.36 16 " Highway to Payroll Account--Pr.#22 33,114.00 °19 '•' W.G.F. Wtr. to Queensbury Wtr.--Materials&Labor 797.02 19 '°' Shore Colony to Queensbury Wtr.--Chlorination Supp. 29.25 19 '' State of N.Y. to General--Per Capita Aid .8,878.55 19 " W.G.F. Water to Highway--Repair work 72.28 19 ` -Queensbury Water to Highway--Repair work: .98.82 19 " General to Highway--Labor on dump 703.20 24 9 F.Crannell to W.G.F. Water--water rents 500.00 403 (Monthly Statement of Supervisor - continued) RECEIPTS Date Amount Received Source Received 30 From General to Payroll--Pr. #22 1,734.54 30 From Pine View Cemetery--Pr. #22 410.16 30 From Queensbury Water--Pr. #22 431.10 30 From Warren County--Mortgage tax 18,794.32 30 From Highway to Payroll Account--Pr. #23 3,219.45 Total Receipts 779066.46 DISBURSEMENTS Date - Amount Paid Fund or Account Paid November Highway Fund 10,188.76 General Fund 810068.82 Pine View Cemetery Fund 19137.45 Payroll Account 119028.03 Queensbury Water District Account 79801.69 West Glens Falls Water District Account 2,700.25 Shore Colony Water District 29.25 Fort Amherst Garrison Road Lighting District 168.46 Cleverdale Lighting District 41.07 Pinewood Lighting District 6.67 Queensbury Water District Bond Account 309000.00 Reservoir Park Sewer Dist. Bond Account 370:40 Reservoir Park Sewer - 560.81 APW NY 52G Queensbury Wtr. Dist.Construction 66,623.15 Total Disbursements 1383,724.81 RESOLUTION N0. 226, introduced by Mr. Robertson, seconded by Mr. Lampson RESOLVED, that the Audit of Claims as listed in Abstract #64-12 numbered 1168 through #1246 and totaling $9,541.85 is hereby approved. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Lampson, Mr. .Robertson and Mr. Webster. Noes - None Respectfully submitted George C. Crannell Town Clerk °