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1979-02-27 i RESOLVED, that the Town Clerk be directed to cause notice of this amendment to be published as required by Town Lav Section 264 and to take all other action necessary under law to cuase said amendment to become effective in accordance with Town Law Section 264, and be it further RESOLVED, that the Zoning Map of the Town of Queensbury be amended to show the rezoning of the above-described premises from the zoning classification of C-3 to R-5 and that the zoning map, as amended, be filed and maintained in the office of the Town Clerk as required by law. Duly adopted by the following vote : i Ayes : Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None Absent: Mr. Olson REGULAR TOWN BOARD MEETING FEBRUARY 27 , 1979 MEMBERS PRESENT: Michel Brandt-Supervisor Daniel Olson-Councilman Dr. Charles Eisenhart-Councilman Mrs. Frances Walter-Councilman Hammond Robertson-Councilman Joseph R. Brennan-Town Counsel PRESS: G.F. Post Star, WBZA TOWN OFFICIALS: Mrs. Shenk, Mr. Garb, Mr. Martindale, Mr. Liapes f j GUESTS: Mrs. Covell, Mr. Tucker , Mrs. Davidson TOWN BOARD MEETING OPENED 7 : 33 P.M. Salute to the Flag led by Councilman Robertson. PUBLIC HEARING-MOBILE HOME-JOHN KILMARTIN- location of mobile home Haviland Road owner of land Carl A. Covell. .Mrs. Covell present NOTICE SHOWN Supervisor Brandt- declared the public hearing opened Councilman Robertson- reviewed the application. . .this is an application for a mobile home under the basis of an agricultural use. . .used for farm hands. . .noted that the application has been sought year after year. . . Supervisor Brandt- requested further comments. . .hearing none the hearing was closed. 7: 34 P.M. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RE50LUTI NO. 67 , Introduced by Mr. Hammond Robertson who moved for its adopt-ion,- seed by Dr. Charles Eisenhart: WHEREAS, John Kilmartin has 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 at property situated at Haviland. Road, and WHEREAS, this Town Board has donducted a public hearing in connection with said application and has heard all persons desiring to be heard in favor of or against said application, and G WHEREAS, it is hereby determined that the facts presented in said application wed at said public hearing are sufficient to authorize the issuance of the permit requested by said application, NOW, THEREFORE BE IT 230 RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to John Kilmartin to locate a mobile home at property situated at Haviland Roads, and that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordinance. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None i Absent: None Supervisor Brandt- requested that the Public Hearing oregarding the Highway Supt. be delayed for a few minutes to give the Supt. of Highways time to attend the meeting. . . ..� RESOLUTION TO APPROVE MINUTES R=T.TTTTON, N8 Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that the minutes of February 13, 1979 be and hereby are approved. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart , Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None Absent: None A discussion was held regarding a proposed resolution for public agency assistance in developing a local land use program. . . Councilman Walter, as Chairman of the Planning Committee requested that she be allowed to study the resolution with the County Planner. . . requested that the resolution be brought up at the next meeting. . . RESOLUTION APPOINTING PROBATIONARY PATROLMAN R=JTTTnN NQ- AQ, Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mrs. Frances Walter: WHEREAS, there is an opening for a probationary patrolman in the Queensbury Police Dept. , and WHEREAS, Chief Charles Judkins has made known to this Board that Bruce F. Parent is qualified to fill such a position, therefore be it RESOLVED, that this Board does hereby appoint Mr. Bruce F. Parent of 39 Morgan Drive, Glens Falls as a probationary patrolman; salary of $9 ,264.00 effective appointment date of March 1 , 1979. Duly adopted by the following vote: Ayes : Mr.Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt) Nees : None Absent: None Councilman Eisenhart- this is not an addition to the force but a replacement for a man that has resigned. RESOLUTION TO ACCEPT BIDS FOR WATER DEPARTMENT PURIFICATION MATERIALS RESOL.LTTTON NO_ ,70, Introduced by Mr. Hammond Robertson who moved for its adoption seconded by Mrs. Frances Walter: WHEREAS, Thomas Flaherty Water Superintendent did recommend that we advertise for bids for Water Department Purification Materials to be used for the year 1979, and i WHEREAS, three bids were received for Purification Materials and such bids were turned over to Mr. Thomas Flaherty for his recommendation, and WHEREAS the financing of the Purification Materials were included in the 1979 bidget cif the Queensbury Water Dept. NOW, THEREFORE BE IT RESOLVED, that upon Mr. Flaherty' s request the Town Board accept the bids as follows : Monarch Chemicals Inc. Liquid Chlorine 2 ,000 containers at $12.0Ocwt. $400.00 deposit for container Intel Chemicals and Metals Corp. Liquid Caustic Soda $1. 155 per cwt. Holland Company Inc. Liquid Alum $120.95 per net ton and be it further RESOLVED, that the Town Board of the Town of Queensbury accept the bids as listed above. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None Absent: None RESOLUTION TO SET PUBLIC HEARING REGARDING COLONIAL CABLEVISION INC. RATES RESOLUTION NO. 71, Introduced by Mr. Hammond Robertson who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, Colonial Cablevisiun, Inc. has been franchised by The Town of Queensbury to install and operate a community television antenna system in the Town of1`0ueensbury which said franchise provided for a guarantee of installation charges and rates to customers , and WHEREAS, the franchise has notified said Town that prevailing economic conditions impair the continuance of such service at the guaranteed charges and rates prescribed and have requested an opportunity to be heard in respect thereof, and WHEREAS, Town Law, Section 130 requires a public hearing on amendments of ordinance, rules and regulations, NOW, THEREFORE BE IT RESOLVED, that a public hearing on the proposed change of- guaranteed rates and charges of COLONIAL CABLEVISION, INC. be held March 27, 1979 at 7 : 30 P.M. and that Mr. Robert Nolan will give notice of such hearing �- by publication thereof in the official town newspapers once at least 10 days prior to the date specified for such hearing, specifying the time when and the place where such hearing will be held and in general terms describing the proposed change. Public hearing to consider the amendment of the contract between COLONIAL CABLEVISIONS, INC. and the Town of Queensbury in respect to rate increases to customers in the Town of Queensbury. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None Absent: None c �� 2,3 , RESOLUTION TO AUTHORIZE RATE INCREASE FOR COMMERCIAL HAULERS AT THE QUEENSBURY/GLENS FALLS JOINT LANDFILL RF.RnT.TTTTnN Nn 7 , Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mrs. Frances Walter WHEREAS, the Queensbury/GLENS FALLS Joint Landfill Committee met on February 15 , 1979 and WHEREAS, a motion was made and unanimously adopted that the fee charged of the Commercial Hauler should be raised from $. 60 a cubic yend to $1.00 a cubic yard, and WHEREAS, this increase is justified in the operating costs of the landfill with respect to income, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, hereby authorizes an increase from $.60 a cubic yard,lto $1.00 a cubic yard, effective March 15, 1979. Duly adopted by the following vote: Ayes: Noes : Absent: Discussion on Resolution No. 72 of 1979. . . Supervisor Brandt- passed out to the Town Board a besak down of expenses of the landfill for the last nine monthsA978 and its income. . . operating cost. . .yearly basis approximately $169,790. 33 income—yearly basis approximately—net deficft ,6ff-38yOmD0 intent of the joint committee cost of operation be paid for by the user, capital construction cost through tax base. . .comparing individual user fees collected vs. commercial haulers fees collected, the committee felt the increased,'cost should go to the commercial hauler. . . Councilman Robertson- requested that the resolution be tabled for one week to give the haulers a chance to present their side of the issue. . . 'RESOLUTION TO TABLE RESOLUTION NO. 72 of 1979 =9=1014—H-0- 71 Introduced by Mr. Hammond Robertson who moved for its adoption, seconded by Mt. Michel Brandt: RESOLVED, that Resolutinn Number 72 entitled "Resolutinn to authorize rate increase for commercial haulers at the Queensbury/Glens Falls Joint Landfill" be tabled for one week, Special Meeting of March 6 , 1979. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None Absent: None RESOLUTION TO ACCEPT BID I RFGnTJTTTnN Nn 74_ Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mr. Hammond Robertson: WHEREAS, the Town Board of the Town of Queensbury did advertise for bids for the sale and removal of Scrap Metal from the Queensbury-Glens FAIls Landfill, and WHEREAS, two bids were received and turned over to the Queensbury- Glens Falls IoAnt Landfill Committee for their recommendation, NOW, THEREFORE BE IT RESOLVED, tHA't tipoff the Committee' s recommendation the Town Board hereby accepts the bid of C.F. VanHall of 77 So. Franklin St. Saratoga Spa, N.Y. in the amount of $16.00 per ton for the sale of scrap metal, from the Queensbury-Glens Falls Joint Landfill. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None Absent: None PUBLIC HEARING-NOTICE SHOWN-LOCAL LAW PROVIDING FOR THE APPO "! INSTEAD OF ELECTION OF THE SUPERINTENDENT OF HIGHWAYS `-' Opened 7 :57 P.M. Mr. Joseph Daire- If this is passed tonight will the Tin Board appoint someone to fill Mr. Garb position? Supervisor Brandt-No If this resolution is passed it will go before the people as a referendum if the people make this an appointed position, on January 1st. the Elected position of Highway Supt, would be abolished. Mr. Joseph Daire- If this will be a benefit for the Town I am for it. Councilman Eisenhart- I feel that this would be a benefit for the Town. Mr. Pliney Tucker- What will the advantages be to the voters? Supervisor Brandt- I will give you my views. . .there is a: strong argument that we should not take away an elected postion. .I think there is a stronger argument and that is accountability. . .talking Town Board vs. Highway Supt. both are responsible to the people on election day they are not responsbile to each other. . .The Town Board' s function is to provide the money to take care of the highways , if it does not provide the monies the Highway Supt. can not take care of the highways, The Town Highway Supt. if he squanders the money isn't accountable to the Town Board, you are in a dead lock. . if the people wanm-to know why the roads are not being taken care of who do they point at? Mr. Tucker- Is the highway budget being overspent? Supervisor Brandt- A certain amount of money is allocated to the Highway Dept. and that is all that they can spend. It is not ,just a question whether you appoint or elect a Highway Sup.- - I it is the mechanism for a complete reorganization of the Town government process, in my estimation it is the beginning, of a D.P.W. We huve a Water and Highway Dept. , there is nobody accountable forxthe maintenance of our buildings, we have recreation facilities and nobody responsible for the maintenance of such. . .we have storm sewer systems, and a small sanitary sewer system with no one respons blefac their care. . . all the resources of the Town should be at the disposal of a person in charge of all the functions. . . Mr. Tucker-Noted an instance where the Qsby. Police did not respond to a call. . .also noted that he had filed a complaint with the Building Inspec- tor on a zoning violation two weeks ago and the violation is still going on, this is now under your control. . . It is easier to go and complain to one man then it is five. . . The Police Chief that we have that was inter- viewed by this Board is unable to pass the civil service exam for police ckief is that right? i j Supervisor Brandt-I believe that he did fail the exam Mr. Tucker-Miker'you-wore hers�3reh vwe :had-eke other situation in order to get rid of the guy he was left on the payroll for a year, I was informed by you and former Councilman Barber that the man was so siiak mentally and physically that he would not be able to work again. . . I know right now he .is working . . .after he lived on the taxpayers for a year. I cannot see personally as-a taxpayer where it is any advantage fou you the Tmm Board to appoint the highway supt. . I am going to do everthing in my power to defeat this thing. Rosemary Davidson- . . .Goernment is big business , your money and my money and the Town of Queensbury taxpayers are paying for all the services we are getting, and someone has to be accountable to someone. . . 234 spoke to the Board in regard to highway tru ks driving around and not working. . .some trucks just stopped by thce roadway—noted being called by some individuals that took their children to school themselves due to the road conditions. . . Supervisor Brandt-. . .When your on the Town Board and you are budget officer your budget is what you are going to be judged on when you are up for election next time, if you raised the tax rate as budget officer you are in tough shape. . .historically in the Town of Oueensbury Budget Officers did not like to raise the taxes in fact they loved to lower them, where do you lower them, you lower them by decreasing the amount of paving. . . you can decrease it by the amount of machinery you buy but in Moth those usually do not lay off anybody from that department so your Itz" tenses for persomel are still there. . . reviewed the increase in tU %$get since 1974. . .if you want efficiency out of a department YM enough so that they are busy. . . . if you have a Town Board and awn Government that got its neck on the line for the__tax rate it tends to pull down the amount of paving, it tends to pull down the amount for equipment who is going to see it next year, who will see it two years later it is an accumulative thing, if your roads are not paved you do not add new paving ten, fifteen years down the line you are in trouble. . . what I am saying is that we have put in a lot more money into our roads but that is not normal. . . Mr. Tucker- Has this gentlemen, (Carl Garb) been misusing funds? Supervisor Brandt- absolutely not. . . Councilman Robertson- Based on our experience we feel that this is a more efficient"May to run your government. . .in the long run the accountability, when you do call me than I can have something to say or have to give you an answer and not say, that,belongs to the highway supt. . . .we would like to take the Highway Supt. Job, make it a professional, whinh it is and which it requires make it a position that if he does. a good job he will be reappointed regardless of politics. . . Carl Garb-Highway Supp. -Reviewed. his position. . .lot of political pressure running for office every two years—noted that he has spoken with appointed Highway Supt. they would have it no other way. . .approximately 25 to 30% of the Class A Town have appointed Superintendents. . . Mr. Tucker- Has Mr. Garb been guaranteed the appointment? Mr. Garb- I do not want the appointment. Councilman Robertson- We would like to utilize Mr. Garb' s experience even if he does not want the appointment of superintendent, I would hope that we would respect the hours and the years that the man has put in. I would think that we would find a job wl5,ich would utilize his experience here in the Town to a level that he would wish it. Councilman Eisenhart- . .it seems to me that it is not very good to have an .individual who does not have a group of people or somebody in charge. . .there ought to be some group in charge of an officer who spends large amounts of money in a budget, it would seem to me much more appropriate to have the individual appointed by the Board. . , Rosemary Davidson- How many people are in the Highway Dept. ? Councilman Robertson- Twenty-Five Rosemary Davidson- Is there a plan for the Highway Dept. in paving new roads? Councilman Robertson- yes. . .The Town Board does become involved in such things as what road will be paved, and basically what the schedule will be. . . Supervisor Brandt- spoke on the need for consolidation. . . inventory control. . . maintenance schedules on vehicles Councilman Olson-. . .we are expanding in the Tmm in services , Water Dept. the big, we are going into sewers very shortly I am sure we do have to get a unified department of public works, you may not see good results for one or two years but five years down the road from now I think you are going to see good results , a money saving function out of this organization. i Mr. Tucker- The point I am trying to bring out is that the Building Inspector is under the control of the Town Board the Police Dept. is under the control of the Board . . .you are trying to tell me that you can pick a man to run the Highway Dept. and do a much better job than me as a voter putting a man in there—and you have not proven it to me. . . spoke against the Recreation Dept. taking trips outside the Town. . . Supervisor Brandt- I would like to express my opinion, I do not feel we belong in delivering recreation to skiers. . .I do not think the government belongs in the middle of subsidizing any sport for skiers at West Mountain or any other mountain. . . . . . .Asked if anyone else wished to speak at this public hearing. . .hearing no one the Public Hearing was closed 8: 51 P.M. Discussion held on proposed resolution no. 75 of 1979. . . Councilman Olson-questioned if the term of office could be for one year? Town Counsel- noted that the term under law, was two years. . . RESOLUTION-TO ADOPT A LOCAL LAW PROVIDING FOR THE APPOINTMENT INSTEAD OF ELECTION OF THE SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF QUEENSBURY $gQT.TTTTON N0=75 - Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, the office of Town Superinteedent of Highways is presently an elective office in the Town of Queensbury and WHEREAS Section 23 of the Municipal Home Rule Law authorizes the Town Board to adopt a local law changing the office of Town of Queensbury Superintendent of Highways from elective to appointive and WHEREAS , such local law is subject to a mandatory referendum pursuant to Municipal Home Rule Law Section 23 (2) (e) and WHEREAS , such a local Law would become operative only if adopted by the Town Board and if approved at a Special or General Election by the affir- mative vote of a majority of the qualified electors of the Town of Queensbury voting upon the proposition and WHEREAS, a proposed local law has been prepared and has been presented for adoption, by the Town Board in accordance with law, and WHEREAS, a public hearing has been held concerning the desirability of the adoption of said local law, and WHEREAS, it appears that the local law in its present form is in compliance with legal requirements , NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury adopt a local law providing for the appmintment instead of election of the Superintendent of Highways of the Town of Queensbury as local law of 1979 of the Town of Queensbury and that the Twwn Clerk be authorized and directed to take all necessary action to cause said local law to be submitted to the qualified electors of the Town of Queensbury voting upon the proposition at a Special Election to be held May 1, 1979 in accordance with and as required by law. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None Absent: None Councilman Eisenhart- Ltr. from Professor Piper of ACC. requesting permission from the Town Board to get landfill data from Rist Fcast. . . RESOLUTION APPROVING ACQUISITION OF LANDFILL DATA FROM RIST FROST F,;OT.TTTnN Nn_ 76. Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Frances Walter: WHEREAS , Anson Piper Associate Professor of Geology from Adirondack Community College has requested permission from the Queensbury Town 236 Board to have access to the date from Rist Frost Associates on the Queensbury-Glens Falls Landfill, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby gives their permission to Anson Piper Associate Professor of Geology at Adirondack Community College to have access to the data from Rist Frost Associates on the Queensbury-Glens Falls Landfill, and be it further RESOLVED, that any expenses involved in procuring such records is the sole responsibility of Adirondack Community College. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None Absennc None �} Councilman Eisenhart-New Election Locations Dist. 11 John Burke Apts. Senior Citizens Recreation Hall Districts 18 and 13 Hallmark Nursing Center Television and Game Room COMMUNICATIONS Ltr. Department of Transportation- on file - Notice of order- install 35 mi. per hour signs on Jenkinsville Road. -Report Police January 1979 on file Supervisor Brandt- sp&ke on a Dog Ordinance. . .noted the State will be having meetings in April on the State Law. . . OPEN FORUM 9 :02 P.M. No one spoke RESOLUTIONTO APPROVE SPECIAL AUDIT OF BILLS RFSnT.TTTTON NO. 77 . Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mr. Hammond Robertson: RESOLVED, that Audit of Bills as listed on Abstract No. 79-2C numbered 286 and 287 and totaling $6,381.68 be approved. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noesr. None Absent: None RESOLUTION TO MOVE . INTO W=980V. SESSION RF.SO JTR'TON NO_ 78 Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mr. RESOLVED, that the Town Board hereby moves into a workshop session. Duly adopted by the following, vote: Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt"-' Noes : None Absent: None On motion the meeting was adjourned. Respectfully, Donald A. Chase Town Clerk