1980-11-25 TOWN BOARD MEETING NOVEMBER 25, 1980
TOWN BOARD MEMBERS :
MRS . FRANCES WALTER-SUPERVISOR
MR. DANIEL OLSON-COUNCILMAN
DR. CHARLES EISENHART-COUNCILMAN
MR. DANIEL MORRELL-COUNCILMAN
MR. HAMMOND ROBERTSON-COUNCILMAN
MR. JOSEPH BRENNAN-TOWN COUNSEL
PRESS : G. F. POST STAR, WBZA
GUESTS : REPRESENTATIVES FROM THE QUEENSBURY FIRE DEPTS .
MR. ARUTHR TURNBULL
TOWN OFFICIALS : MR. DANIEL GEALT
MEETING OPENED 7 : 41 P. M. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MORRELL
RESOLUTION TO APPROVE MINUTES
RES0_ ►=Kl nin 7952 INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS
ADOPTION, SECONDED BY MR. DANIEL MORRELL :
RESOLVED, THAT THE MINUTES OF NOVEMBER 18, 1980 BE AND HEREBY ARE APPROVED.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MR. ROBERTSON, MRS . WALTER
NOES: NONE
ABSENT : NONE
RESOLUTION TO DESIGNATE TOWN CLERK AS ISSUING AGENT TO ISSUE PARKING
PERMITS FOR HANDICAPPED PERSONS
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RFSni urrnN ►vn _ 4 _ INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS
ADOPTION, SECONDED BY MR. DANIEL MORRELL :
WHEREAS, VEHICLE AND TRAFFIC LAW SECTION 1203-A MANDATES THAT THE COMMISSIONER
OF MOTOR VEHICLES DISTRIBUTE SPECIAL PARKING PERMITS TO THE GOVERNING BODIES
OF ALL CITIES, TOWNS AND VILLAGES IN THE STATE WHICH PERMITS SHALL ENTITLE
HANDICAPPED PERSONS TO PARK IN ANY AREA IN ANY CITY, TOWN OR VILLAGE OF THE
STATE WHICH HAS BEEN DESIGNATED BY SUCH CITY, TOWN OR VILLAGE AS A PLACE
FOR PARKING FOR HANDICAPPED PERSONS AND
WHEREAS, VEHICLE AND TRAFFIC LAW SECITON 1203-A FURTHER MANDATES THAT THE
GOVERNING BODIES OF CITIES, TOWNS AND VILLAGES IN THE STATE APPOINT AN
ISSUING AGENT TO ISSUE SUCH PERMITS AND THAT SUCH PERMITS BE ISSUED UPON
APPLICATION BY ANY HANDICAPPED PERSON WHO IS A RESIDENT OF SUCH CITY, TOWN
OR VILLAGE.
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NOW, THEREFORE BE IT
RESOLVED, THAT THE TOWN CLERK OF THE TOWN OF QUEENSBURY BE AND HE HEREBY IS
i APPOINTED AN ISSUING AGENT TO ISSUE SUCH PARKING PERMITS FOR HANDICAPPED
PERSONS AND THAT THE TOWN CLERK ISSUE SUCH PERMITS UPON APPLICATION BY ANY
HANDICAPPED PERSON WHO IS A RESIDENT OF THE TOWN OF QUEENSBURY .
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MR. ROBERTSON, MRS . WALTER
NOES : NONE
ABSENT: NONE
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D-.ISCUSSION WAS HELD ON THE ABOVE RESOLUTION, SUPERVISOR WALTER ASKED TOWN
COUNSEL FOR A CLARIFICATION OF THE PROPOSAL. . . TOWN COUNSEL-REVIEWED THE
PROCEDURE FOR ISSUING HANDICAPPED PARKING PERMITS . . .ALTHOUGH THERE ARE NO
DESIGNATED HANDICAPPED PARKING AREAS IN THE TOWN4THAT IS NOT RELEVANT, THE
STATE LAW STATES THAT THE INDIVIDUAL WHO IS HANDICAPPED MAY ONLY OBTAIN
THE HANDICAPPED PARKING PERMIT IN THE MUNICIPALITY IN WHICH HE RESIDES FOR
USE ANYWHERE IN THE STATE .
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RESOLUTION AUTHORIZING THE TOWN BOARD OF THE TOWN OF QUEENSBURY TO
SUBMIT ELEMENTS OF THE TOWN LAND USE PROGRAM TO THE ADIRONDACK PARK
AGENCY.
RESOLUTION NO. 330 . INTRODUCED BY MRS . FRANCES WALTER WHO MOVED FOR ITS
ADOPTION, SECONDED BY DR. CHARLES EISENHART :
WHEREAS, THE TOWN OF QUEENSBURY DESIRES TO ASSIST REVIEW JURISDICTION OVER
CERTAIN REGIONAL PROJECTS, INCLUDING CLASS B REGIONAL PROJECTS AND VARIANCES
LOCATED WITHIN THE TOWN OF QUEENSBURY, AND
WHEREAS, THE TOWN BOARD INTENDS TO APPROVE, ADOPT AND AMEND THE QUEENSBURY
ZONING ORDINANCE AND MAP ACCORDING TO THE PROPOSALS SUBMITTED PURSUANT
TO THIS RESOLUTION, A MAJOR COMPONENT OF THE LAND USE PROGRAM, PURSUANT
TO ITS AUTHORITY, AND
WHEREAS, THE TOWN BOARD INTENDS TO APPROVE AND ADOPT A .SANITARY CODE AND
SUBDIVISION REGULATIONS PURSUANT. TO ITS AUTHORITY, AND
WHEREAS, THE TOWN HAS PROPOSED AMENDMENTS TO THE ADIRONDACK PARK LAND USE
AND DEVELOPMENT PLAN MAP, WHICH ARE NECESSARY TO THE IMPLEMENTATION OF
THE PROPOSED QUEENSBURY ZONING ORDINANCE, NOW THEREFORE BE IT
RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY HEREBY TRANSMITS
TO THE ADIRONDACK PARK AGENCY COPIES OF THE TOWN OF QUEENSBURY ZONING
ORDINANCE AND MAP, SUBDIVISION REGULATIONS AND THE SANITARY SEWAGE DISPOSAL
ORDINANCE, FOR REVIEW AND APPROVAL PURSUANT TO ARTICLE 27 OF THE EXECUTIVE
LAW, SECTION 807, AND THEREFORE BE IT FURTHER
RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY REQUESTS THAT THE
ADIRONDACK PARK AGENCY APPROVE, IN CONJUNCTION WITH ITS APPROVAL OF THE
TOWN OF QUEENSBURY LAND USE PROGRAM, THE MAP AMENDMENTS NECESSARY TO IMPLE-
MENT THE TOWN ZONING ORDINANCE AS PROPOSED.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MR. ROBERTSON, MRS . WALTER
NOES : NONE
ABSENT : NONE
DISCUSSION HELD
SUPERVISOR WALTER- THE ONLY PORTION THEY CAN COMMENT ON IS THIS PORTION
WHICH IS IN THE ADIRONDACK PARK. . .
COUNCILMAN EISENHART- DO WE HAVE TO SUBMIT THIS TO ENCON?
SUPERVISOR WALTER- NO
RESOLUTION IN THE MATTER OF THE ESTABLISHMENT OF A WATER DISTRICT IN THE
TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, TO BE KNOWN AS SHERMAN AVNUE
WATER DISTRICT IN SAID TOWN
RESOLUTION NO. 331 . INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS
AD" IO�N, SECONDED BY MRS . FRANCES WALTER :
WHEREAS, THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW
YORK, HAS HERETOFORE DULY CAUSED A GENERAL MAP, PLAN AND REPORT TO BE
PREPARED BY A COMPETENT ENGINEER, DULY LICENSED BY THE STATE OF NEW YORK,
WHICH HAVE BEEN FILED IN THE OFFICE OF THE TOWN CLERK OF SAID TOWN IN
RELATION TO THE ESTABLISHMENT OF A PROPOSED WATER DISTRICT IN SAID
TOWN, TO BE KNOWN AS SHER,MAN AVENUE WATER DISTRICT; AND
WHEREAS, AN ORDER WAS DULY ADOPTED BY SAID TOWN BOARD ON THE 12TH DAY OF
AUGUST, 1980, RECITING A 'DESCRIPTION OF THE BOUNDARIES OF SAID PROPOSED
WATER DISTRICT, THE IMPROVEMENTS PROPOSED THEREFOR, THE MAXIMUM AMOUNT
PROPOSED TO BE EXPENDED FOR SAID IMPROVEMENTS, THE PROPOSED METHOD OF
FINANCING TO BE EMPLOYED,'' THE FACT THAT SAID MAP, PLAN AND REPORT WERE ON
FILE IN THE TOWN CLERK' S 'OFFICE FOR PUBLIC INSPECTION, AND SPECIFYING
THE 26TH DAY OF AUGUST, 1980, AT 7 : 30 O'CLOCK P.M. , PREVAILING TIME, AT
THE QUEENSBURY TOWN OFFICE BUILDING, BAY AND HAVILAND ROADS, IN SAID TOWN,
AS THE TIME WHEN AND THE 'PLACE WHERE SAID TOWN BOARD WOULD MEET FOR THE
PURPOSE OF HOLDING A PUBLIC HEARING TO HEAR ALL PERSONS INTERESTED IN THE
SUBJECT THEREOF CONCERNING THE SAME; AND
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11.
WHEREAS, SUCH ORDER WAS DULY PUBLISHED AND POSTED IN THE MANNER AND
WITHIN THE TIME PRESCRIBED BY SECTION 209-D OF THE TOWN LAW AND PROOF
OF SUCH PUBLICATION AND POSTING HAS BEEN DULY PRESENTED TO SAID TOWN
BOARD; AND
WHEREAS, SAID PUBLIC HEARING WAS DULY HELD AT THE TIME AND PLACE SET
FORTH IN SAID ORDER, AS AFORESAID, AT WHICH TIME ALL PERSONS DESIRING
TO BE HEARD WERE DULY HEARD; AND
WHEREAS, FOLLOWING SAID PUBLIC HEARING, AND BASED UPON THE EVIDENCE
GIVEN THEREAT, SAID TOWN BOARD DULY ADOPTED A RESOLUTION DETERMINING
IN THE AFFIRMATIVE ALL OF THE QUESTIONS SET FORTH IN SUBDIVISION 1
OF SECTION 209-E OF THE TOWN LAW; AND
WHEREAS, FOLLOWING SAID PUBLIC HEARING, SAID TOWN BOARD ALSO DULY
ADOPTED A RESOLUTION APPROVING THE ESTABLISHMENT OF SAID WATER DISTRICT
AND THE CONSTRUCTION OF THE IMPROVEMENTS PROPOSED THEREFOR, SAID RESOLUTION
�- EXPRESSLY PROVIDING THAT IT WAS SUBJECT TO A PERMISSIVE REFERENDUM AS
PROVIDED BY SECTION 209-E OF THE TOWN LAW; AND
WHEREAS, AFTER THE EXPIRATION OF THE TIME FOR FILING A PETITION REQUESTING
THAT THE MATTER BE SUBMITTED TO A REFERENDUM OF THE ELIGIBLE VOTERS OF THE
PROPOSED DISTRICT, THE TOWN CLERK DULY FILED IN THE OFFICE OF THE COUNTY
CLERK AND IN THE OFFICE OF THE DEPARTMENT OF AUDIT AND CONTROL AT ALBANY,
NEW YORK, A CERTIFICATE STATING THAT NO PETITION REQUESTING THAT THE MATTER
BE SUBMITTED TO A REFERENDUM HAD BEEN FILED WITH THE TOWN CLERK; AND
WHEREAS, IN RESPONSE TO AN APPLICATION DULY MADE PURSUANT TO SUBDIVISION
3 OF SECTION 209-F OF THE TOWN LAW, THE STATE COMPTROLLER HAS DULY MADE AN
ORDER, IN DUPLICATE, DATED NOVEMBER 17, 1980, GRANTING PERMISSION FOR THE
ESTABLISHMENT OF SAID WATER DISTRICT, PROOF OF WHICH HAS BEEN FILED IN THE
OFFICE OF THE TOWN CLERK AND WHICH HAS BEEN SUBMITTED TO SAID TOWN BOARD;
NOW, THEREFORE , IT IS HEREBY
ORDERED, BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW
YORK, AS FOLLOWS :
SECTION 1 . A WATER DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW
j YORK, TO BE KNOWN AS SHERMAN AVENUE WATER DISTRICT, IS HEREBY ESTABLISHED
IN ACCORDANCE WITH THE AFORESAID ORDER OF THE STATE COMPTROLLER AND IS
BOUNDED AND DESCRIBED AS SET FORTH IN APPENDIX "A" ATTACHED HERETO AND
MADE A PART HEREOF.
SECTION 2 . THE IMPROVEMENTS PROPOSED FOR SAID WATER DISTRICT, CONSISTING
THE CONSTRUCTION OF A WATER SYSTEM TO SERVE SAID DISTRICT, INCLUDING
ORIGINAL FURNISHINGS, EQUIPMENT, MACHINERY OR APPARATUS REQUIRED IN CONNEC-
TION ',THEREWITH, AND ALSO INCLUDING THE ACQUISITION OF LAND -AND RIGHTS IN LAND
REQUIRED IN CONNECTION THEREWITH, ALL AS MORE FULLY DESCRIBED IN THE MAP,
'PLAN'` AND REPORT PREPARED IN CONNECTION THEREWITH, IS. HEREBY AUTHORIZED AND
APPROVED. THE MAXIMUM AMOUNT TO BE EXPENDED FOR SUCH IMPROVEMENT IS ESTIMATED
TO BE $157, 800 . 00, OF WHICH IT IS EXPECTED THAT THE LOCAL SHARE THEREOF SHALL
NOT EXCEED $47, 800 . 00 . THE LOCAL SHARE OF THE COST OF SAID IMPROVEMENT
SHALL BE FINANCED BY THE ISSUANCE OF NOT EXCEEDING $47, 800 . 00 SERIAL BONDS
OF SAID TOWN MATURING IN ANNUAL INSTALLMENTS OVER A PERIOD NOT EXCEEDING
FIVE YEARS, WHICH COST SHALL BE BORNE BY LOCAL ASSESSMENT UPON THE SEVERAL
LOTS AND PARCELS OF LAND IN SAID DISTRICT WHICH THE TOWN BOARD SHALL DETER-
MINE AND SPECIFY TO BE ESPECIALLY BENEFITED THEREBY; BUT IF NOT PAID FROM
SUCH SOURCE, ALL THE TAXABLE REAL PROPERTY IN SAID TOWN SHALL BE SUBJECT
TO THE LEVY OF AD VALOREM TAXES, WITHOUT LIMITATION AS TO RATE OR AMOUNT,
SUFFICIENT TO PAY THE PRINICPAL OF AND INTEREST ON SAID BONDS AS THE SAME
BECOME DUE AND PAYABLE . THE REMAINDER OF SUCH COST IS EXPECTED TO BE
FINANCED FROM A COMMUNITY DEVELOPMENT BLOCK GRANT ANTICIPATED TO BE RECEIVED
{ FROM THE FEDERAL GOVERNMENT. IF NECESSARY, REVENUE ANTICIPATION NOTES OF
SAID TOWN SHALL BE ISSUED IN ANTICIPATION OF THE RECEIPT OF SUCH GRANT
MONIES .
SECTION 3 . THE TOWN CLERK IS HEREBY AUTHORIZED AND DIRECTED TO CAUSE A
I CERTIFIED COPY OF THIS ORDER TO BE DULY RECORDED IN THE OFFICE OF THE CLERK
OF WARREN COUNTY, NEW YORK WITHIN 10 DAYS AFTER THE ADOPTION OF THIS ORDER
BY THIS TOWN BOARD AND TO FILE A CERTIFIED COPY THEREOF WITHIN THAT TIME
IN THE OFFICE OF THE STATE DEPARTMENT OF AUDIT AND CONTROL, IN ALBANY, NEW
YORK, BOTH PURSUANT TO SU"IVISION 1 OF SECTION 2.09-G OF THE TOWN LAW. WHEN
SO RECORDED, SUCH ORDER SHALL BE PRESUMPTIVE EVIDENCE OF THE REGULARITY OF
THE PROCEEDINGS FOR THE ESTABLISHMENT OF SAID SHERMAN AVENUE WATER DISTRICT,
OF THE PROCEEDINGS INSTITUTED FOR THE CONSTRUCTION OF THE IMPROVEMENTS
HEREINBEFORE DESCRIBED AND TO ALL OTHER ACTION TAKEN BY SAID TOWN BOARD IN
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RELATION THERETO.
SECTION 4. THIS ORDER SHALL TAKE EFFECT IMMEDIATELY .
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR . OLSON, DR. EISEHART, MR. MORRELL, MR. ROBERTSON, MRS . WALTER
NOES : NONE
ABSENT : NONE
APPENDIX "A" a�
"BENINNING AT A POINT IN THE SOUTHERLY BOUNDS OF —%
LOT 63 OF THE QUEENSBURY PATENT AT THE NORTHWEST-
ERLY CORNER OF LANDS OF RALPH AND GENEVA K. ELMORE .
RUNNING FROM THENCE IN AN EASTERLY DIRECTION ALONG
THE SOUTHERLY BOUNDS OF THE SAID LOT 63 TO THE
SOUTHEASTERLY CORNER THEREOF; THENCE RUNNING NORTH-
ERLY ALONG THE EASTERLY BOUNDS OF THE SAID LOT 63
AND THE WESTERLY 'BOUNDS. OF LOT 56, QUEENSBURY PAT- .
ENT, TO AN ANGLE ''POINT IN THE SOUTHERLY BOUNDS OF
THE PRESENT QUEENSBURY WATER DISTRICT, ; THENCE
RUNNING EASTERLY 'ALONG THE SOUTHERLY BOUNDS OF THE
SAID WATER DISTRICT, CROSSING OLD FORGE ROAD, TO
AN ANGLE POINT IN THE SAID WATER DISTRICT; THENCE
SOUTHERLY ALONG THE WESTERLY BOUNDS OF THE SAID
WATER DISTRICT, AGAIN CROSSING OLD FORGE ROAD, TO
AN ANGLE POINT IN THE SAME AND BEING IN THE SOUTH-
ERLY BOUNDS OF THE SAID LOT 56, QUEENSBURY PATENT;
THENCE EASTERLY ALONG THE SOUTHERLY BOUNDS OF THE
SAID LOT 56, FOLLOWING THE SOUTHERLY BOUNDS OF THE
SAID WATER DISTRICT AND BEING ALONG THE NORTHERLY
BOUNDS OF LOTS 55, 20, 19 AND 18 OF OLD FORGE PARK
SUBDIVISION, TO THE NORTHEASTERLY CORNER OF THE SAID
LOT 18; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDS
OF THE SAID WATER DISTRICT, FOLLOWING THE
EASTERLY BOUNDS OF OLD FORGE PARK SUBDIVISION, TO
THE CENTER OF SHERMAN AVENUE; THENCE WESTERLY IN
THE CENTER OF SHERMAN AVENUE TO A POINT THEREIN
INTERSECTED BY THE PROJECTION NORTHERLY OF THE
WESTERLY BOUNDS OF LANDS OF NIAGARA MOHAWK POWER
CORPORATION; THENCE SOUTHERLY ALONG THE WESTERLY
BOUNDS THEREOF AND BEING ALSO ALONG THE WESTERLY
BOUNDS OF THE PRESENT WATER DISTRICT TO A POINT IN
THE NORTHEASTERLY BOUNDS OF LAND OF GEORGE AND
DAVID DRELLOS; THENCE SOUTHEASTERLY ALONG THE
NORTHEASTERLY BOUNDS OF THE SAID LANDS OF DRELLOS,
FOLLOWING THE SOUTHWESTERLY BOUNDS OF THE QUEENS—
BURY WATER DISTRICT, TO THE NORTHEASTERLY CORNER
OF THE SAID LAND OF DRELLOS; THENCE SOUTHERLY
ALONG THE EASTERLY BOUNDS OF THE SAID LANDS OF
DRELLOS, "FOLLOWING THE WESTERLY BOUNDARY THEREOF;
THENCE WESTERLY ALONG THE NORTHERLY BOUNDS OF THE
PRESENT WATER DISTRICT BOUNDARY, PASSING THROUGH
LANDS OF .DRELLOS, MANDIGO AND HOMESTEAD VILLAGE
DEVELOPMENT TO A POINT IN THE WESTERLY BOUNDS OF
LOT 55 AND THE EASTERLY BOUNDS OF LOT 62 IN THE
QUEENSBURY PATENT,; THENCE RUNNING NORTHERLY
ALONG THE SAID LINE BETWEEN LOTS 55 AND 62 TO- THE
SOUTHEASTERLY CORNER OF LOT 1 OF THE N. F. RIPLEY
SUBDIVISION; THENCE RUNNING WESTERLY ALONG THE I+
SOUTHERLY BOUNDS OF LOTS ONE THROUGH FOURTEEN OF
THE SAID SUBDIVISION, CROSSING THREE UNNUMBERED
PARCELS OF LAND EACH FIFTY FEET IN WIDTH BETWEEN
LOTS TWO AND THREE, LOTS EIGHT AND NINE AND LOTS
FOURTEEN AND FIFTEEN, TO THE SOUTHEASTERLY CORNER
OF LOT 15 THEREIN AND BEING IN THE EASTERLY
BOUNDS OF LAND OF HOWARD S . DICKINSON; THENCE
SOUTHERLY ALONG THE EASTERLY BOUNDS OF THE SAID
LANDS OF DICKINSON, 50 FEET TO THE SOUTHEASTERLY
CORNER THEREOF; THENCE WESTERLY ALONG THE SOUTH-
ERLY BOUNDS OF THE SAID LANDS OF HOWARD S . DICKIN-
SON, 150 FEET TO THE SOUTHWESTERLY CORNER THEREOF;
THENCE NORTHERLY ALONG THE WESTERLY BOUNDS OF THE
SAID LANDS OF DICKINSON, 50 FEET TO THE SOUTHEAST-
ERLY CORNER OF LOT EIGHTEEN OF THE SIAD RIPLEY
SUBDIVISION; THENCE WESTERLY ALONG THE SOUTHERLY
BOUNDS OF LOTS 18, 19, 20, 21, 22 AND 23 OF THE
SAID SUBDIVISION TO THE SOUTHWESTERLY CORNER OF
THE SAID LOT 23, CROSSING ONE UNNEMBERED PARCEL
OF LAND BETWEEN LOTS TWENTY AND TWENTY-ONE;
THENCE WESTERLY, PARALLEL TO THE SOUTHERLY BOUNDS OF
SHERMAN AVENUE TO A POINT THEREIN INTERSECTED BY
THE PRLJECTION SOUTHERLY OF THE WESTERLY BOUNDS
OF LANDS OF RALPH AND GENEVA K. ELMORE; THENCE
NORTHERLY, CROSSING SHERMAN AVENUE AND THEN FOLLOW-
ING THE WESTERLY BOUNDS OF THE SAID LANDS OF EL-
MORE, THE WESTERLY BOUNDS OF LANDS OF THE QUEENS-
BURY BETTER HOME VOLUNTEERS, INC . AND AGAIN THE
WESTERLY BOUNDS OF THE LANDS OF RALPH AND GENEVA
K. ELMORE, TO THE POINT AND PLACE OF BEGINNING.
DISCUSSION HELD-TOWN COUNSEL REVIEWED SECTION TWO THE THE RESOLUTION
REGARDING TAXATION. . .NOTED THAT IS A LEGAL REQUIREMENT-IF A PROBLEM
SHOULD ARISE WITH RESPECT TO ONE YEAR IN WHICH THERE WERE NON-
SUFFICIENT TAXES, THE OBLIGATION TO MAKE THE PAYMENT WOULD BE FOR
THE TOWN TO PAY IT AND IT WILL THEN BE BILLED BACK ON THE FOLLOWING
TAX YEAR. . . .WHEN THERE IS A SHORTAGE IN THE BENEFITED DISTRICT THIS
WILL AUTHORIZE THE TOWN TO PAY FROM THE GENERAL FUND AND BILL IT BACK
AS A TAX AGAINST THE BENEFITED PROPERTIES . . .
SUPERVISOR WALTER- AS FAR AS THIS WATER DISTRICT IS CONCERNED BECAUSE
OF THE ESTABLISHMENT OF THE DISTq AND THE FINAL ORDER NOT COMING THROUGH
BY TM STATE COMPTROLLER UNTIL NOVEMBER THE 17TH� IT IS TOO LATE TO
PICK IT UP ON THE TAX ROLLS FOR 1981 BUT IT WILL BE PICKUP UP FOR
1982 .
COMMUNICATIONS
BID RESULTS- OPENED AT 2 : 00 P.M. 2 PATROL CARS
MALTBIE' S CHEV.
LAKE GEORGE, N. Y. $7751 . 00 EA. NON COL. ATTACHED
FORD GARAGE
GLENS FALLS, N. Y. $7730 . 00 EA. NOR COL . ATTACHED.
COUNCILMAN OLSON- REQUESTED THAT THE BIDS BE TURNED OVER TO THE POLICE
COMMITTEE FOR THEIR RECOMMENDATION
BID RESULTS- OPENED AT 2 : 00 P.M. HIGHWAY DEPT. WHEEL LOADER
CCO EQUIP. E. SYRACUSE, N. Y. $68, 717. 00 NON COL. ATTACHED
CONTRACTOR SALES-ALBANY, N. Y. $65,900 .00 NON COL. ATTACHED
STATE EQUIP. LATHAM, N. Y. $73,936 . 00 NON COL. ATTACHED
CASE POWER & EQUIP . LATHAM, N. Y. $57,484 . 00 NON COL. ATTACHED
BEBOUT FORD, LATHAM, N.Y. $68, 871 . 00 LESS 12, 689 . 00 NET OF
$56, 182 . 00 NON COL. ATTACHED
ALTERNATE BID $50, 224 . 00 DEMON. NON COL . ATTACHED
BURLEY MACH . CLIFTON PK. N. Y. $66, 877 . 00 NON COL. ATTACHED
BURLEY MACH. CLIFTON PK. N.Y. $55, 777 . 00 NON COL. ATTACHED
SCHROON LK. TRACTORS, SCHROON
LAKE, N. Y. $67, 786 . 00 NON COL. ATTACHED
COUNCILMAN OLSON CALLED MR. GEALT FORWARD TO EXPLAIN THE BIDS . . .
LTR . FROM MR. GEALT:
J
TO: TOWN BOARD
j RE : LOADER BIDS OPENED 11-25-80
I HAVE CAREFULLY REVIEWED THE SPECIFICATIONS AND PRICES SUBMITTED
i
BY ALL OF THE BIDDERS .
THE LOWEST BID WAS SUBMITTED BY BEBOUT FORD TRACTOR FOR A USED
MACHINE. SINCE THE SPECIFICATIONS CALLED FOR A NEW MACHINE, THIS BID
MUST BE DISCARDED.
THE NEXT LOWEST BID WAS SUBMITTED BY BURLEY MACHINE FOR THE CLARK
55B. THIS MACHINE FETLL SHORT OF THE MINIMUM SPECIFICATION IN MANY WAYS .
ENGINE SIZE, AND TORQUE WERE MISSED BY 25% AND 22% RESPECTIVELY . THE
MACHINE ALSO MISSED BREAKOUT FORCE BY 12% AND FULL TURN TIPPING LOAD,
(A MEASURE OF STABILITY), BY 20%
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THE NEXT LOWEST BID WAS SUBMITTED BY BEBOUT FORD TRACTOR FOR THE
FORD A-66 . THIS MACHINE MISSED ENGINE SIZE BY 20%, OVERALL WIDTH
BY 9%, REACH BY 6% AND FULL TURN TIPPING LOAD BY 8%.
THE FOURTH LOWEST BID WAS SUBMITTED BY CASE POWER EQUIPMENT COMPANY
FOR THE CASE W24C. THIS MACHINE MET THE SPECIFICATIONS 100%, AS DID
SEVERAL Op THE HIGHER PRICED MACHINES .
I HEREBY RECOMMEND THAT THE TOWN BOARD ACCEPT THE BID SUBMITTED BY
CASE POWER EQUIPMENT COMPANY; THE W24C FOR $57, 484 . 00
RESPECTFULLY SUBMITTED,
/S/
DANIEL GEALT
SUPERINTENDENT OF HIGHWAYS --1
RESOLUTION TO AWARD BID ON WHEEL LOADER
RESOLUTION NO. 332, INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS
ADOPTION, SEMNDtD BY DR. CHARLES EISENHART :
WHEREAS, MR. DANIEL GEALT, HIGHWAY SUPT. FOR THE TOWN OF QUEENSBURY
DID RECOMMEND THAT WE ADVERTISE FOR BIDS FOR A NEW WHEEL LOADER FOR THE
HIGHWAY DEPARTMENT, AND
WHEREAS, NIN= BIDS WERE SUBMITTED AND RECEIVED AND OPENED AT THE SPECIFIED
TIME AND PLACE BY THE DIRECTOR OF PURCHASING/TOWN CLERK DONALD A. CHASE
AND SUCH BIDS WERE THEN TURNED OVER TO MR. GEALT FOR IS RECOMMENDATION AND
WHEREAS, THE LOWEST BID FROM BEBOUT FORD TRACTOR AND THE NEXT LOWEST
BIC6BY BURLEY MACHINERY DID NOT MEET THE SPECIFICATIONS AND
WHER]AS, MR. GEALT BY LETTER HAS REQUESTED THAT THE FOURTH LOWEST BID
SUBMITTED BY CASE POWER EQUIPMENT CO. FOR A CASE W24C IN THE AMOUNT
OF $57, 484.00, DOES MEET 100% OF THE SPECIFICATIONS, BE ACCEPTED.
NOW, THEREFORE BE IT
RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY HEREBY ACCEPTS
THE BID OF CASE POWER EQUIPMENT COMPANY, LATHAM, NEW YORK FOR A
NEW WHEEL LOADER AT A COST OF $57, 484 . 00 AND BE IT FURTHER "1
RESOLVED, THAT THE FINANCING FOR SUCH A WHEEL LOADER WILL BE FROM A
BOND ANTICIPATION NOTE .
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MR. ROBERTSON, MRS . WALTER
NOES : NONE
ABSENT: NONE
PLACED ON FILE- FROM THE OFFICE OF THE STATE COMPTROLLERjEXAMINATION
REPORT ON FEDERAL REVENUE SHARING. . . 1-1-77 THROUGH 12-31-79
SUPERVISOR WALTER- THE TOWN BOARD MEETINGS ON DECEMBER 9TH AND 23RD. OF
1980 WILL BE HELD AT 6 : 30 P.M.
THE POLICE ACTIVITY REPORT FORTHE MONTH OF OCTOBER 1980 WAS PLACED ON
FILE. `J
COUNCILMAN MORRELL- NOTED THAT THE SCHOOL HAS PROVIDED A LIST OF THIER
ROUTES TO THE HIGHWAY DEPT . . . . I
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OPEN FORUM
MR. JIM DEMPSEY- ROBERT GARDENS- REQUESTED A TRAFFIC SIGNAL AT
THE INTERSECTION OF WEEKS ROAD AND ROUTE 9 . . .NOTED THAT THIS IS A
BLIND SPOT IN BOTH DIRECTIONS . . . .NOTED THAT THERE ARE 680 VEHICLES
AT ROBERT GARDENS . . .MANY ARE DRIVEN BY SENIOR CITIZENS . . .AFRAID OF
SOME SERIOUS ACCIDENTS AT THE INTERSECTION. . . .
SUPERVISOR WALTER-ASKED THAT MR. DEMPSEY MAKE HIS COMPUTATIONS AVAILABLE
TO THE BOARD AND SHE WILL CONTACT THE STATE ABOUT THE SITUATION . . .
MR. WILLIAM KESWICK, FROM QUEENSBURY CENTRAL FIRE CO. -WE EACH HAVE IN
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HAND WHAT WE BELIEVED TO BE A WRITTEN OFFER FOR FUNDING^THE TOTALS OF
THE WRITTEN OFFER DO NOT AGREE WITH THE NUMBERS WE READ IN THE PAPER—WE
ARE ASKING FOR A CLARIFICATION .
SUPERVISOR WALTER— THE FIGURES IN THE PAPER WERE WRONG. THE AMOUNT
THAT WAS APPROPRIATED FOR FIRE PROTECTION WAS $310, 000 . 00
MR. KESWICK— DO WE HAVE A STANDING OFFER FROM THE TOWN OR DO WE NOT?
SUPERVISOR WALTER— AT THE TIME THE BUDGET WAS ADOPTED, WE SPOKE WITH
DR. EISENHART AND HE TOLD US THERE WAS NO AGREEMENT, BUT BY LAW WE
HAVE TO ADOPT OUR BUDGET AND THERE HAS TO BE MONEY RAISED IN TAXES
AND THIS WAS THE AMOUNT OF MONEY THAT THE BOARD FELT COULD BE RAISED
FOR THE FIRE DISTRICT. THE DR. SAID WE COULD NEGOTIATE UNDER THAT.
COUNCILMAN EISENHART— I HAVE MET WITH NO. QUEENSBURY, I WILL BE
MEETING WITH W.G. F. I HAVE NOT HEARD FROM SOUTH QUEENSBURY, I DO
HAVE QSBY. CENTRALS AND BAY RIDGES . FIGURES . . . WHAT THE 310, 000
REPRESENTS IS A 14% CUT FROM WHAT THE FIRE COMPANIES HAD ASKED LESS
THOSE ITEMS THAT ARE FUNDED BY PUBLIC MONEY. IN ORDER TO STAY
WITHIN THE MONIES AVAILABLE THERE HAS TO BE 14% TAKEN OFF, WHETHER
THE BOARD DECIDES TO DO IT ON AN INDIVIDUAL BASIS OR ACROSS THE
THE BOARD, THIS WILL BE DECIDED ONLY AFTER ALL THE FIGURES FROM THE
FIRE COMPANIES ARE IN. THE BOARD HAS SPENT A LOT OF TIME ON THIS
AND IT WAS THE FINAL CONSENSUS OF THE BOARD THAT $310, 000 . 00 WAS
WHERE IT 9-OULD GO.
if
MR. KESWICK— QUOT FIRE TAXES IN QUEENSBURY SHOULD BE SUFFICIENT FOR
ACTUAL AND REASONXBLE EXPENSES FOR EXCELLENT FIRE COMPANIES` . .
COUNCILMAN ROBERTSON— THAT IS A DEBATABLE ISSUE. WHAT IS NECESSARY AND
REASONABLE . . .
MR. KESWICK— WE ARE PREPARED TO SIT DOWN WITH MEMBERS OF THE BOARD . . .
WE FELT WE HAD REACHED AN AGREEMENT WITH THE COMMITTEE . . .
SUPERVISOR WALTER— WHEN I PUT MY BUDGET TOGETHER, I CONSIDERED AN AMOUNT
y OF INCREASE 20%, DR. EISENHART INDICATED THAT WAS NOT REALISTIC AND WE
WOULD BE UP APPROXIMATELY 40% INCREASE . . .
MR. KESWICK— I WISH TO POINT OUT YOU HAVE TO LOOK AT A 40% INCREASE OVER
SIX YEARS . . . NOTED THEY WERE FOOLISH TO SIGN A FIVE YEAR CONTRACT.
COUNCILMAN ROBERTSON— . . . JUST BECAUSE A DEPARTMENT OR GROUP REQUEST
AN AMOUNT 7HAT DOES NOT MEAN THAT THE NEGOTIATED AMOUNT WILL BE THE SAME .
MR. KESWICK— WE FELT THAT WE HAD REACHED AN AGREEMENT . . .
SUPERVISOR WALTER— I AM SORRY
,o BUT AS A SUPERVISOR IT WAS MY UNDERSTANDING
THAT NO AGREEMENT HAD BEEN REACHED.
SPOKE ON NEGOTIATIONS WITH CSEA AND PBA NOTED THAT THERE STILL HAD TO
BE AN AMOUNT PLACED IN THE BUDGET EVEN THOUGH THERE HAS NOT BEEN A
SETTLEMENT. . .AS FAR AS I AM CONCERNED YOU ARE STILL IN NEGOTIATIONS . . .
COUNCILMAN ROBERTSON-40% IN ONE YEAR IS MORE THAN I WANT TO PUT ON THE
TAXPAYERS OF THE TOWN OF QUEENSBURY. . . 40% INCREASE IN ANY DEPARTMENTS
TAX IS MORE THAN I WANT IN THE TOWN OF QUEENSBURY . . .
UNKNOWN— WHERE ELSE CAN YOU GO AND PAY A $1 . 26 PER THOUSAND AND GET THE
�—' PROTECTION YOU HAVE YOU CAN ' T DO IT. . .
i
MR. KESWICK— IS THE AMOUNT STILL UP FOR NEGOTIATION?
SUPERVISOR WALTER— AS FAR AS I MY CONCERNED� THIS IS STILL BEING
NEGOTIATED.
COUNCILMAN OLSON— AS SOON AS DR. EISENHART HAS ALL THE PROPOSALS INS
THAT IS THE TIME WHEN WE WILL SIT DOWN WITH THE FIVE COMPANIES . . .
I '
MR. SCOTT— ABOUT EIGHT YEARS AGO THE TOWN OF QUEENSBURY WAS IN FINANCIAL
STRAIGHTS AND NEEDED $100, 000 TO STARTTHE POLICE DEPT. THEY GOT THAT MONEY
FROM THE FIRE DEPT. . . .
SUPERVISOR WALTER— I CANNOT COMMENT ON THAT) I DO NOT BELIEVE THAT A
SPECIAL TAX CAN BE USED IN THE GENERAL TOWN FUND. . .
16
MR. KESWICK- NOTED THAT THE STATE IS PLACING A NEW LIGHT AT THE CORNER
OF LAFAYETTE. FOSTER AND GLEN STREETS . . . WE HAVE BEEN NOTIFIED THAT
IS WILL COST $500 . 00 NOWj OR IF WE WAIT A $1, 000 . 00jTO HAVE THE HOOK-UP
REPLACED TO CHANGE THE LIGHT TO RED WHEN THERE IS A CALL. . .
SUPERVISOR WALTER- THIS IS THE FIRST I KNEW ABOUT THIS . . . I WAS NOT
AWARE IT WOULD BE AN EXPENSE TO OUR FIRE COMPANIES . . . I WILL BE HAPPT
TO LOOK INTO THAT SITUATION.
MR. TURNBULL-ASKED THE TOWN BOARD TO LOOK INTO THE POSSIBILITY OF
BUILDING A COMMUNITY CENTER FOR YOUTH AND SENIOR CITIZENS . . .
SUPERVISOR WALTER-THIS IS BEING DISCUSSED BY THE BOARD. . . p
ASKED FOR FURTHER INPUT HEARING NONE THE OPEN FORUM WAS CLOSED .
ON MOTION THE MEETING WAS ADJOURNED.
RESPECTFULLY SUBMITTED,
DONALD A. CHASE
TOWN CLERK
TOWN BOARD MEETING DECEMBER 9, 1980
MEMBERS PRESENT :
MRS . FRANCES WALTER-SUPERVISOR
MR. DANIEL OLSON-COUNCILMAN
DR . CHARLES EISENHART-COUNCILMAN
MR. DANIEL MORRELL-COUNCILMAN
MR. HAMMOND ROBERTSON-COUNCILMAN
MR. JOSEPH BRENNAN-TOWN COUNSEL
PRESS : WBZA, G. F. POST STAR
GUESTS : MEMBERS OF THE LOCAL FIRE COMPANIES
TOWN OFFICIALS : MRS . FREEBERN, MR. GEALT +
MEETING OPENED. . . 6 : 37P. M. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN
ROBERTSON
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION Nn, 333, INTROM)CED BY MR.. DANIEL OLSON WHO MOVED FOR ITS
ADOPTION, SECONDED BY MR . DANIEL MORRELL :
RESOLVED, THAT THE TOWN BOARD HEREBY MOVES INTO EXECUTIVE SESSION TO
DISCUSS CONVEYANCE OF LAND AND PERSONNEL PROBLEMS .
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MR. ROBERTSON, MRS . WALTER
NOES : NONE
ABSENT : NONE
MEETING RECONVENED AT 7 : 00 P. M. '
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO. 334, INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS
ADOPTION, SECONDED BY MR. HAMMOND ROBERTSON :
RESOLVED, THAT THE MINUTES OF NOVEMBER 25, 1980 BE AND HEREBY ARE APPROVED.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MR. ROBERTSON, MRS . WALTER
NOES : NONE
ABSENT: NONE
RESOLUTION TO AUTHORIZE RATE INCREASE FOR COMMERCIAL HAULERS AT THE