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1983-08-09 263 QUEENSBURY TOWN BOARD MEETING AUGUST 1`69., 1983 TOWN BOARD MEMBERS PRESENT: MRS. FRANCES WALTER—SUPERVISOR MR. DANIEL OLSON—COUNCILMAN DR. CHARLES EISENHART—COUNCILMAN MR. DANIEL MORRELL—COUNCILMAN MRS. BETTY MONAHAN—COUNCILMAN MR. WILSON MATHIAS—TOWN COUNSEL PRESS: G. F. POST STAR GUESTS: MR. TURNBULL ,...__ , LEAGUE L G E 0 F WOMEN VOTERS TOWN OFFICIALS: MR. PAUL NAYLOR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MORRELL MEETING OPENED 7 : 42 P. M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO . 152, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLVED, THAT THE TOWN BOARD MINUTES OF JULY 26 , 1983 BE AND HEREBY ARE APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES . NONE ABSENT : NONE DISCUSSION TO REPEAL THE FOLLOWING ORDINANCES ORDINANCE N0. 11 BUILDING ORDINANCE OF THE TOWN OF QUEENSBURY ORDINANCE N0 . 13 ESTABLISHING ASSEMBLY POINT RESIDENTIAL AREA ORDINANCE NO. 14 ESTABLISHING PLUM POINT RESIDENTIAL AREA ORDINANCE NO. 15 ESTABLISHING CLEVERDALE RESIDENTIAL AREA ORDINANCE NO. 18 ESTABLISHING KATTSKILL BAY RESIDENTIAL AW A ORDINANCE N0. 20 REGULATE SEWAGE DISPOSAL IN LAKE GEORGE PARK SUPERVISOR WALTER—NOTED THAT THE ABOVE ORDINANCES WILL NOW BE COVERED UNDER OUR NEW ZONING ORDINANCE AND SANITARY SEWER ORDINANCE. . . RESOLUTION TO SET PUBLIC HEARING ON AN ORDINANCE TO REPEAL ORDINANCES NO. 11 , 13 , 14 , 15 , 18-9120 RESOLUTION No tz, INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : WHEREAS, THE TOWN BOARD HAS PREVIOUSLY ENACTED AN ORDINANCE WHICH PROVIDES FOR ENFORCEMENT OF STATE BUILDING CONSTRUCTION CODE , AND WHEREAS, THE SAID ORDINANCE WAS DESIGNED TO SUPERCEDE AND CONTROL THE REGULATIONS CURRENTLY CONTAINED IN ORDINANCE N0. 11 THEREBY RENDERING ORDINANCE NO. 11 UNNECESSARY AND CONFUSING, AND WHEREAS, THE TOWN BOARD HAS PREVIOUSLY ENACTED A ZONING ORDINANCE IN THE TOWN OF QUEENSBURY , AND WHEREAS, THE SAID ORDINANCES WAS, DESIGNED TO SUPERCEDE AND CONTROL THE REGULATIONS CURRENTLY CONTAs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oom OF THE TowN.u= QUEENSBURY OFFICE BUILDING , BAY 6 HAVILAND ROADS , IN THE TOWN OF QUEENSBURY WARREN COUNTY , NEW YORK ON AUGUST 23 , 1983 , AT WHICH ALL PERSONS INTERESTED IN THE SUBJECT MATTER THEREFORE WILL BE HEARD, AND IT IS FURTHER RESOLVED , THAT THE TOWN CLERK BE HEREBY DIRECTED AND AUTHORIZED TO PUBLISH AND PROVIDE NOTICE OF SAID PUBLIC HEARING AS MAY BE REQUIRED BY LAW. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE ( PROPOSED ORDINANCE ON FILE ) COMMUNICATIONS MOBILE HOME APPLICATION— JAMES C. VANGUILDER OF 9 LUZERNE RD. TO LOCATE A MOBILE HOME ON THE CORNER OF LUZERNE AND HOLDEN AVENUE MR. VANGUILDER PRESENT i COUNCILMAN EISENHART— THIS IS FOR YOU OWN RESIDENCE? 's MR. VANGUILDER— YES COUNCILMAN EISENHART— YOU ARE NOT GOING TO RENT IT? MR. VANGUILDER— NO COUNCILMAN EISENHART— IS— THERE A HOUSE ON THERE NOW? MR. VANGUILDER— YES COUNCILMAN EISENHART— WHAT ARE YOU GOING TO DO WITH IT? MR. VANGUILDER— WE ARE GOING TO LEVEL IT . COUNCILMAN OLSON— DO YOU OWN THE PROPERTY NOW? MR. VANGUILDER— YES COUNCILMAN EISENHART— QUESTIONED THE TWO DIAGRAMS? MR. VANGUILDER- STATED THAT HE DREW THE TWO DIAGRAMS DEPICTING THE POSSIBLE LOCATIONS THAT THE MOBILE HOME COULD BE PLACED IN. . . NOTED HE WOULD RATHER FACE HOLDEN AVENUE, THEN A TREE AND GARAGE WOULD NOT HAVE TO BE MOVED. .. . i COUNCILMAN OLSON— IS THIS A MODULAR OR DOUBLE WIDE? MR. VANGUILDER- A DOUBLE WIDE. . . COUNCILMAN EISENHART AND COUNCILMAN MORRELL-- REVIEWED THE SET BACK RE- QUIREMENTS. . . RESOLUTION TO AUTHORIZE PUBLIC HEARING RF�nlllTYON NO 161 INTRODUCED BY DR, CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : I 265 WHEREAS , JAMES C. VANGUILDER HAS MADE APPLICATION �,N 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 OUTSIDE AT PROPERTY SITUATED AT THE CORNER OF LUZERNE RD. AND HOLDEN AVENUE ,AND WHEREAS, IT IS HEREBY DETERMINED THAT SAID APPLICATION COMPLIES WITH THE REQUIREMENTS OF SAID ORDINANCE , AND WHEREAS, IT IS HEREBY DETERMINED THAT THE FACTS PRESENTED IN SAID APPLICATION ARE SUFFICIENT TO JUSTIFY FURTHER CONSIDERATION BY THIS BOARD , THEREFORE BE IT I� RESOLVED, THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE , THE TOWN BOARD SHALL CONDUCT A PUBLIC HEARING ON SAID APPLICATION ON AUGUST 23 , 1983 AT 7 : 30 P. M. IN THE QUEENSBURY TOWN OFFICE BUILDING, BAY ROAD , AND THAT THE TOWN CLERK IS HEREBY AUTHORIZED AND DIRECTED TO GIVE PROPER NOTICE OF SAID PUBLIC HEARING IN ACCORDANCE WITH THE PROVISIONS OF SAID ORDINANCE . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS. MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE COUNCILMAN MONAHAN- ASKED WHERE MR. VANGUILDER LIVES? MR. VANGUILDER- 9 LUZERNE ROAD -LTR. PINE VIEW CEMETERY TO QSBY. TOWN BOARD RE : ATTANDANCE AT SEMINAR BARRE , VERMONT AUGUST 17TH. ON FILE RESOLUTION TO ATTEND MEETING RFSO UTTON Nn ��?, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. BETTY MONAHAN : RESOLVED , THAT PERMISSION IS HEREBY GRANTED TO MR. RODNEY MOSHER , PINE VIEW SUPERINTENDENT TO ATTEND A MEETING SPONSORED BY LEE MEMORIALS IN BARRE , VERMONT ON AUGUST 17TH 1983 AND BE IT FURTHER RESOLVED, THAT THE TOWN BOARD AUTHORIZES PAYMENT OF ALL REASONABLE AND NECESSARY EXPENSES. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE LTR. - THOMAS K. FLAHERTY TO TOWN BOARD RE : FALL MEETING AMERICAN WATER WORKS ASSOCIATION ON FILE RESOLUTION TO ATTEND CONFERENCE RFSnIUTTnN Nn_, 1 &3, INTRODUCED BY MRS . BETTY MONAHAN WHO MOVED FOR ITS j ADOPTION , SECONDED BY MR. DANIEL MORRELL : L-- RESOLVED , THAT PERMISSION IS HEREBY GRANTED TO MR. THOMAS FLAHERTY AND MR. RALPH VANDUSEN TO ATTEND THE FALL MEETING OF THE AMERICAN WATER WORKS ASSOCIATION , TO BE HELD AT GROSSINGER, NEW YORK SEPTEMBER 13-16 1983, AND BE IT FUTHER RESOLVED, THAT THE TOWN BOARD AUTHORIZES PAYMENT OF ALL REASONABLE AND NECESSARY EXPENSES. DULY ADOPTED BY THE FOLLOWIING VOTE : AYES : MR. OLSON . DR. EISENHART , MR, MORRELL , MRS, MONAHAN , MRS. WALTER NOES : NONE ABSENT; NQNE 266 SUPERVISOR WALTER- THIS CONFERENCE WILL NOT CONFLICT WITH THE SCHEDULE IN BROAD ACRES , BY THAT POINT THEY SHOULD BE FINISHED IN LAYING THE MAINS. BID OPENING-2 :00 P. M. 8-1Q-83 PICKUP TRUCK - HIGHWAY FORD GARAGE CO. GLENS FALLS , N.Y. 1984 SWEPTLINE $11 ,975 . 00 NON COL. ATTACHED MALTBIE 'S GARAGE LAKE GEORGE , N.Y. 1984 $12 ,609 . 11 NON COL. ATTACHED E ORANGE MOTORS ALBANY , N. Y. 1984 FORD MODEL F250 6600 $11 ,777. 00 200 .00 FISCHER PLOW OPTION 560. 00 AXLE 4600 OPTION MODEL F250 8600 $12 , 235 . 00 200 . 00 FISCHER PLOW OPTION 595 . 00 FRONT AXLE 4600 OPTION NON. COL. ATTACHED GRADER - HIGHWAY CONTRACTORS SALES CO. ALBANY , N.Y. CHAMPION MODEL 720 $58 , 50Q . 00 NON COL. ATTACHED 1983 STATE EQUIPMENT LATHAM, N .Y. GALION 1983 $54 , 512 . 00 NON . COL. ATTACHED SOUTHWORTH MACHINERY ALBANY , N.Y. 1983 CATERPILLAR 1206. $61 ,990 .QQ 1983 CATERPILLAR 1306 $70 , 100 . 00 NON. COL. ATTACHED. TOWN CLERK- ANNOUNCED THAT THE BIDS WERE TURNED OVER TO MR. NAYLOR-. HE HAS REQUESTED MORE TIME TO REVIEW THE BIDS BEFORE MAKING A RECOMMENDATION . REPORTS -THE FOLLOWING REPORTS WERE PLACED ON FILE : TOWN CLERK FOR MONTH OF JULY 1983 BUILDING & ZONING FOR THE MONTH OF JULY 1983 OPEN FORUM 8 :03 P. M. MR. TURNBULL- NOTED THAT THE MOBILE HOME BEHIND THE FIRE HOUSE (BAY RIDGE ) WAS USED IN A DRILL , NOTED HIS OBJECTION TO OTHER MATERIALS BEING BROUGHT IN TO BE DUMPED ON THE PROPERTY , NOTED THAT DEBRIS FROM THE HARVEST REST,. WAS BROUGHT IN , THE FIRE HOUSE SHOULD NOT BE IN COMPETITION WITH THE LANDFILL. . . SUPERVISOR WALTER- NOTED THAT SHE HAD SPOKEN TO THE BAY RIDGE FIRE CO. ABOUT THE BURNING OF THE MOBILE HOME. . . COUNCILMAN MONAHAN- I SPOKE TO ONE OF THE FIREMEN ABOUT THE DEBRIS , j IT SEEMS THATTHE NIGHT THAT THE HARVEST ROOF BLEW OFF WE WERE TRYING TO GET RID OF THE DEBRIS $O THEY COULD COVER IT UP SO THAT THERE WOULD BE NO FURTHER DAMAGE TO THE BUILDING-SO THEY DID BRING PICKUP TRUCK LOADS AND PUT IT THERE . . . THE LANDFILL WAS NOT OPEN . . . j MRS. 7URNBULL- I HAVE SEEN PEOPLE BRING UP DEBRIS AND DUMP. `',. IT BEHIND THE FIRE HOUSE LONG BEFORE THIS. . . SUPERVISOR WALTER-I WILL CHECK INTO THAT . . . RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO - L" INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS 267 ADOPTION , SECONDED BY MR. DANIEL MORRELL: RESOLVED, THAT AUDIT OF BILLS AS APPEARS ON ABSTRACT NO. 83-8A AND NUMBERED 1234 - 1405 AND TOTALING $132254. 18 BE AND HEREBY IS APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS . MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE l— RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 165 , INTRODUCED BY MRS. FRANCES WALTER WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLVED, THAT THE TOWN BOARD NOW MOVES INTO EXECUTIVE SESSION TO DISCUSS SALE OF PROPERTY AND LITIGATION . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE RESOLUTION AUTHORIZING AND APPROVING SETTLEMENT OF LITIGATION , TOWN QUEENSBURY AGAINST PETER J . CARDINALE , VINCENT J . CARDINALE , AND DOROTHY J . KILL RESOLUTION NO . 166 , INTRODUCED BY DR .CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. BETTY MONAHAN : WHEREAS, ON OR ABOUT DECEMBER 2 , 1982 , THE TOWN'g QUEENSBURY COMMENCED LITIGATION IN SUPREME COURT , COUNTY OF WARREN , AGAINST PETER J . CARDINALE , VINCENT J . CARDINALE , AND DOROTHY J . KILL , TO RECOVER FOR DAMAGES CAUSED TO PERSONAL PROPERTY OWNED BY THE TOWN OF QUEENSBURY DURING AN ACCIDENT WHICH OCCURRED IN THE TOWN-IF QUEENSBURY ON OR ABOUT JULY 15 , 1982 , AND WHEREAS, AN OFFER OF FIVE HUNDRED DOLLARS ( $500 . 00 ) HAS BEEN MADE TO COMPROMISE AND SETTLE THE AFORESAID LITIGATION , AND WHEREAS, IN THE OPINION OF THE FORMER TOWN ATTORNEY PROSECUTING THE LITIGATION , JOSEPH R. BRENNAN , ESQ. , THAT THE OFFER OF SETTLEMENT OF FIVE HUNDRED DOLLARS ( $500 . 00 ) Is REASONABLE , AND WHEREAS, UPON CONFERING WITH WILSON S. MATHIAS , ESQ. , CURRENT TOWN COUNSEL, IT BEING DETERMINED THAT IT WAS IN THE BEST INTEREST OF THE TOWN OF QUEENSBURY TO ACCEPT THE COMPROMISE OFFER , NOW THEREFORE BE IT RESOLVED , THAT THE TOWN OF QUEENSBURY , ACCEPT THE SUM OF FIVE HUNDRED DOLLARS ( $500. 00 ) IN FILL SETTLEMENT OF THE LITIGATION PENDING AGAINST PETER J . CARDINALE , VINCENT J . CARDINALE AND DOROTHY J . KILL , AND THAT THE TOWN SUPERVISOR , BE AND HEREBY IS AUTHORIZED AND EMPOWERED TO EXECUTE ANY AND ALL GENERAL RELEASES , STIPULATIONS DISCONTINUING ACTION , AND ANY OTHER DOCUMENTS NECESSARY TO EFFECT A COMPROMISE AND CONCLUDE THE LITIGATION . r DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY , DONALD A. CHASE , TOWN CLERK