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1978-11-14 j I j . � A TOWN BOARD MEETING NOVEMBER 14; 1978 MEMBERS PRESENT: Michel Brandt-Supervisor Daniel Olson-Councilman Dr. Charles Eisenhart-Councilman Mrs. Frances Walter-Councilman Hammond Robertson-Councilman Joseph Brennan-Town Counsel PRESS: G.F. Post Star TOWN OFFICIALS: Mr. Hansen, Mrs. Shenk, Mr. Liapes , Mr. Lynn GUESTS: League of Women Voters , Mr. Daire, Mr. Wood, Ms. DuRoss Meeting Opened 7: 32 P.M. Salute to the Flag led by Councilman Olson RESOLUTIONS RESOLUTION TO APPROVE MINUTES jEgQT.ttTTnN Nn_ 09, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Hammond Robertson: RESOLVED, that the minutes of October 24 and November 6th 1978 be and hereby are approved. Mnlykadoptcd by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None Absent: None sE RESOLUTION TO ATTEND CONFERENCE REgQT_ rrTQN Nn_ 31n_ Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Frances Walter: RESOLVED, that William Bodenweiser, Fire Marshal, be allowed to attend a N.Y. State Energy Conservation Code Seminar in Colonie, New York, on November 21, 1978 and be it further RESOLVED, that the anticipated cost of this conference will be a $5.00 fee for lunch and that the Town Boaid authorizes this payment and all other necessary and reasonable expenses. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None Absent: None (Discussion held before vote) Councilman Olson- is this the meeting on insulation? Mr. -8feven,._1ynn- yes Councilman Eisenhart- wkly is he interested in this program? Mr. Steven Lynn- he is interested in the new heating requirements. . . AUTHORIZATION TO ATTEND SCHOOL grs )T.TTmUM NIntroduced by Mr. Michel Brandt who moved for its adoption, seconded lby Mr. Daniel Olson: WHEREAS, Patrolman David Hall completed "Police Advanced Defensive Tactics" at the F.B.I. facilities, Camp Smith Peekskill, New York, in October 1978, anc WHEREAS, this course is a prerequisite to attending the "Police Defensive Tactics Instructors School", Now, Therefore be it RESOLVED, that an advance of two hundred ($200.00) be authorized for the attendance of Patrolman Hall from November 27, 1978-December 8, 1478. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None Absent: None Ltr- Chief Judkins- requesting a no parking zone on Assembly Point Road between Brayton Lane and Bay Parkway. on file RESOLUTION TO SET A PUBLIC HEARING ON A PROPOSED NO-PARKING ORDINANCE RESOLUTION N0, 312 Introduced by Mr. Hammond Robertson who moved for its adoption, seconded by Mr. Michel Brandt : WHEREAS, the Town Board of the Town of Queensbury has received a communication from C.A. Judkins , Chief of Police indicating the complaints received from concerned citizens and the Chief of the North Queensbury Volunteer Fire Department concerning the hazardous condition that exists on Assembly Point Road due to vbhicles parked along this roadway, and WHEREAS, it is provided by Section 130 Subdivision 7 of the Town Law that the Town Board may make ordinances , rules and regulations regulating use of streets and highways , including the restricting of parking of all vehicles thereon, and WHEREAS , Section 130 of the Town Law requires a public hearing upon all proposed ordinances upon due notice as provided for therein, NOW, THEREFORE. BE IT RESOLVED, that a public hearing on the following proposed NO-PARKING ORDINANCE, be held on the 28th day of November, 1978 and that the Town Clerk give notice o& such hearing by publication of a notice there- of in the official town -newspaper once at least ten 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 describing; said proposed ordinance. ORDINANCE TO ESTABLISH A NO-PARKING ZONE ON ASSEMBLY POINT ROAD FOR NINE TENTHS OF A MILE FROM BRAYTON LANE TO BAY PARKWAY-BOTH SIDES BE IT ENACTED AND ORDAINED BY THE TOWN BOARD OF THE TOWN OF OUEENSBURv, WARREN COUNTY, NEWYORK, AS FOLLOWS: Section 1. For the purpose of this ordinance the word "vehicle" "park" and "standing" shall have the meaning defined in the Vhhicle and Traffic Law of the State of New York. Section 2. No vehicle shall be parked or left standing on the Assembly Point Road for nine tenths of a mile, from Brayton Lane to Bay Parkway, in the Town of Queensbury. ..� Section 3. All ordinances or parts thereof of the Town of Oueensbury inconsistent with the provisions of this ordinance are hereby repealed; i provided, however, that such repeal shall be only to the extent of-such inconsistency and in all other respects this ordinance shall be in addition to the other ordinances regulating and governing the subect matter covered by this ordinance. Section 4. Any person violating any provisions of Sectinn 2 of this ordinance shall upon conviction be punishable for a first offense by a fine not to exceed TEN DOLLARS ($10.00) and for a second offense by a fine not less than TEN DOLLARS ($10.00) nor more than TWENTY FIVE DOLLARS ($25.00) or by imprisonment for not less thantTWO (2) nor more than TEN (10) days. The third or any subsequent offense within one (1) year shall be punishable by fine,cnot to exceed ONE HUNDRED DOLLARS ($100.00) or by imprisonment not to exceed THIRTY (30) days or by both such fine and imprisonment. In addition to the aforesaid penalties , the Town Board of the Town of Queensbury may institute any proper action, suit or proceeding to prevent, restrain, correct or abate any violation of this ordinance. Section No. 5 This ordinance shall take effect immediately. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None i Absent: None RESOLUTION TO CHANGE NAME OF STREET RP.SOL.UTION NO,�3ti, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Michel Brandt: WHEREAS, a petition has been received from residents of the Heinrick Circle area to change the name of Helen Street to Helen Drive, NOW, THEREFORE BE IT RESOLVED, that the street previously designated as Helen Street be changed to Helen Drive and be it further RESOLVED, that the Town Clerk make the appropriate changes in the Road Books of the Town and the Highway Superintendant make the proper changes in the road sign. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs . Walter, Mr. Robertson, Mr. Brandt Noes : None I Absent: None RESOLUTION TO ACCEPT FROM FINCH, PRUYN & COWANY, INC. A GIFT BY DEED OF CERTAIN LANDS IN THE TOWN OF QUEENSBURY SOLUTTnN Nn_ 114. Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mrs . Frances Walter: WHEREAS, Finch, Pruyn & Company, Inc. is the owner of certain lands in the Town of Queansbury which lands are contiguous to the premises owned by the Tow+f Queensbury upon which lands of the Town of Queensbury the Queensbury-Glens Falls Joint sanitary landfill operation is presently conducted near Ridge Road and WHEREAS, it is a virtual necessity to the future continued operation of said landfill that said lands owned by Finch, Pruyn & Company, Inc. be acquired by the Town of Queensbury and WHEREAS, discussions have been held by the Supervisor of the Town of Queensbury and appropriate officers of Finch, Pruyn & Company, Inc, con- cerning the possible acquisition of said land by the Town of Queensbury and WHEREAS, the Town of Queensbury has been Informed by Finch, Pruyn & Company, Inc. that, in the public Interest, Finch, Pruyn & Company, Inc. is willing to donate said lands to the Town of Queensbury and WHEREAS, Finch, Pruyn & Company, Inc. has tendered an executed and acknowledged deed conveying said premises therein described to the Town of Queensbury, a copy of Mich deed is annexed hereto as Exhibit "A", and WHEREAS, the form of said deed has_-ibeen reviewed and approved by Joseph R. Brennan, Esq. , Counsel to the Board and WHEREAS, the acceptance of said deed is clearly in the interest of the Town of Queensbury and its residents. NOW, THEREFORE , BE IT RESOLVED, that the gft from Finch, Pruyn & Company, Inc. of the lands described in Exhibit "A" annexed hereto be accepted by the Tovn of Queensbury 160 and be it further RESOLVED, that said tendered deed be accepted by the Town of Queensbury as the legal Instrument of conveyance of title to said lands and be it further RESOLVED, that the Town Clerk be directed to cause the original of said deed to be recorded in the office of the Warren County Clerk and that after recordation, said deed be filed and maintained in the office of the Town Clerk of 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 Supervisor Brandt- We had designed a landfill expansion that would require some lands belonging to Finch, Pruyn Inc. . . .we entered into discussion with the Company approximately one year and a half ago, concerning these lands they agreed to sell the land to us at their cost, better than a thousand dollars an- acre, we felt that was very fair on their part—Town Counsel was trying to finalize the sale and Mr. Meath called me and notified the Town that Finch Pruyn would make this land a gift to the Town. . . this is a very civic minded move. . . RESOLUTION TO FINCH, PRUYN AND COMPANY, IIC. Resolution No. 315. Introduced by Mrs. Frances Walter who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS, Finch, Pruyn & Company Inc. has donated to the Town of Queensbury a parcel of land at the site of the Queensbury-Glens Falls Joint Landfill, and WHEREAS, the Town of Queensbury has accepted this donation in the true spirit of community giving, NOW, THEREFORE by this Resolution the Queensbury Town Board on behalf of the residents of Glens Falls and Queensbury would like to express its appreciation to Finch, Pruyn & Company Inc. in recognition of this generous gift. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt I Noes: None Absent: None i RESOLUTION TO ACCEPT DEED FOR HIGHWAY RESOLUTION--NO. 316, Introduced by Mr. Hammond Robertson who moved for its adoption, seconded by Mr. Daniel Olson: 1 WHEREAS, West Mountain Corporation, has executed and offered a deed for a Town Road not less than fifty (SO) feet in width, which is described therein in Schedule "A: attached hereto and made a part hereof and WHEREAS, Carl A. Garb, Superintendent of Highways of the Town of Queensbury, has advised thathe recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, the form of the deed has been approved by Joseph R. Brennan, Esq. , Counsel to the Board, NOW, THEREFORE, BE IT I lf1 RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and dir- ected to cause this deed to be recorded in the Warren County Clerk' s Office after which said deed shall be filed in the Office of the Town Clerk of the Town of Queensbury, and be it further RESOLVED, that the new. road be hereby added to the official inventory of Town Highways and described therein as follows: Road No. 349 Description: Extention of Northwest Drive Name: Northwest Drive Mileage j n Duly adopted by the following vote: ij +✓ Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Noes: None Absent: None Abstain: Mr. Brandt RESOLUTION TO EXEMPT FROM TAXATION, SERVICE CHARGES, SPECIAL AD VALOREM LEVIES AND SPECIAL ASSESSMENTS OF CERTAIN REAL PROPERTY IN THE TOWN OF QUEENSBURY OWNED BY THE CITY OF GLENS FALLS AND KNOWN AS COLE' S WOODS ESOLUT_ ION N0. 317. Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, the City of Glens Falls has acquired for use as a public park, certain real property situate in the Town of Queensbury known as Cole' s Woods, and WHEREAS, the City of Glens Falls has requested the Town of Queensbury to � - ; exempt said real property from taxation, service charges, special ad valorem f levies and special assessments of the Town of Queensbury while said property is used for a public park, and WHEREAS, such public park will be used free of charge by many citizens of the Town of Queensbury and will be an important local recreational resource, and WHEREAS, the Town Board of the Town of Queensbury has been informed by Joseph R. Brennan, Esq. , Counsel to the Board, that Real Property Tax Law Sections 400 (1) and 406 (2) authorize the exemption from real property taxation, service charges, special ad valorem levies and special assessments, real property owned by a municipal corporation not within its corporate limits provided the governing board of the municipal corporation in which said property is located shall so agree in writing. i NOW, THEREFORE, BE IT RESOLVED, that pursuant to Real Property Tax Law Sections 400 (1) and 406 (2) the Town Board of the Town of Queensbury, as the governing board of the Town of Queensbury agree that the public park in the Town of Queensbury owned by the City of Glens Falls and known as Cole' s Woods (identified on Warren _ c County Tax Map No. 8 as Parcel 99-1-1, 100-1-1 and 100-2-4) be exempt from j taxation and exempt from service charges, special ad valorem levies and �- special assessments while said property is used for a public park and be it further RESOLVED, that the Supervisor of the Town of Queensbury be authorized and directed to execute a written agreement exempting the above - described real property owned by tAie City of Glens Falls from taxation, service charges, special ad valorem levies and special assessments by the Town of Queensbury while said property is used for a public park and be it further RESOLVED, that said exemption from taxation, service charges, special ad valorem levies and special assessments shall take, effect as soon hereafter as may be permitted by law and be it further RESOLVED, that the Town Clerk be directed to deliver a certified copy of the foregoing preamble and resolution to the City Clerk of the City of Glens Falls. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : Nm e Absent: None COMMUNICATIONS -Mobile Home Application Daniel A. Wood of Warren Lane to locate a mobile home on Warren Lane, owner of property Donald A. Wood and Nancy Wood. . .reasons for request given. . .recommenation of Building �J and Zoning Dept. "Mr. Daniel Wood apparently was misinformed by the former owner, Mr. Hubert Brewington, in regard to transferring a non- transferable mobile home permit. " Mr. Wood was present. . . Councilman Robertson- this is an existing mobile home on Warren Lane? Mr. Wood - yes Councilman Olson- are you living there now? Mr. Wood - yes Supervisor Brandt- reviewed the history of Warren Lane. . . RESOLUTION TO AUTHORIZE PUBLIC HEARING _RESOLUTION N0. 318. Introduced by Mr. Hammodd- Robertson who moved for its adoption, seconded by Mr; -Michel Brandt: WHEREAS, Daniel A. Wood 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 outside at property situated at Warren Lane, 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 applica- tion are sufficient to justify further consideration by this board, there- fore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance the town board shall conduct a public hearing on said application on November 28th 1978 at 7 :30 P.M. in the Queensbury Town Office Building, Bay Road4 and that the Town Clerk is hereby authorized and directed to give proper notice of said public hearing in accordance with the pro- visions of sild ordinance. Duly adopted by the following vote : Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes: None Absent: None _Mobile Home Application-Elissa DuRoss of Homestead Village to locate a mobile home on Pinello Road , owner of the property Elissa DuRoss. . reasons for application stated. . .approved by the Building Inspector Pinello Road is predominately mobile homes. The proposed mobile home is the approved type. Town water is available on Pinello Road. The proposed sewage system meets all requirements. Ms. DuRoss was present. Mr. Olson- do you own the mobile home? Mrs. DuRoss-noted that she is in the pm cess of purchasing the mobile home. Mr. Olson- is the land vacant? Mrs. DuRoss- yes RESOLUTION TO AUTHORIZE PUBLIC HEARING RPSOUrrTnN n 3 .—III Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mr. Daniel Olson: I WHEREAS, Elissa D. DuRoss has made application in accordance with paragraph 2 (c) -Section 4, of an ordinance of ft 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 Pinello Road, 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 RESOLVED, that pursuant to the provisions of the above mentioned ordinance, the town board shall conduct a public hearing on said application on November 28th 1978 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, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes: None Absent: None Ltr. Committee for Referendum Procedure-"A committee for Referendum Procedure in Warren County has requested the Board of Supervisors to send a Home-Rule-Message to our State Legislators requesting a change in our county law that would give the voters at least -some voice in our tax burden and govermenti . . . (letter on file) Ltr. from N Y. State Regional Traffic Eng. . . .will study the speed limit request on Jenkinsville Road. . .on file. . . I PROCLAMATION i WHEREAS, recognizing that family unity plays a vital role in pre- serving our society and its institutions, that the quality of our community life begins within the homes of individual families, and that the principles of honesty, self-respect, compassion, industry, and good citizenship can best be taught within the walls of the home; and f WHEREAS, during the Family Unity Week, families are encouraged to enjoy meaningful activities together sach as attending church, participation in family discussions and projects, recreational sports, cultural events; and WHEREAS, such uplifting activities bring about better communication and understanding between family members, both young and old alike, NOW, THEREFORE I. , Supervisor of the Town of Queensbury, do hereby proclaim the week of November 19-25 as FAMILY UNITY WEEK I, 164 and I would urge all pevpZ4)' to improve the quality of their family living. Councilman Eisenhart- spoke on the Junk Yard Ordinance. . .this will be brought before the Town Board in a workshop. . . The fallowing reports were placed on file. . .Town C1erk,Supv. monthly report,Dog Warden' s repqrt, Rec. of Taxes-Settlement of Water Rents Building & Zoning Monthly Report OPEN FORUM 8 :07 P.M. Joseph Dare- requested the status of the Dix Avenue Rezoning. . . Supervisor Brandt- reviewed the status of the rezoning . .Town Counsel has notified the Board there will have to be a public hearing if the Board rezones the proposed area. . .Councilman Olson will walk the area and speak to the Board in a workshop session about the boundaries of the zoning. . . Joseph Daire- I would like to see the commerical zone go back as far as Carroll Street. . . Town Counsel- Joseph Brennan- reviewed the Dix Avenue Rezoning. . . There were two applications for rezoning in the Dix Avenue Area, Mr. Fox and Mr. Barrett' s, the two applications went before the Warren County Planning Board and the Qsby. Planning Board, the decision of each board was to rezone the entire area, they voted against the rezoning of the two individual parcels. . .The Two Boards recommended that the area be rezoned from 200' to the north of Dix Avenue in Depth and 200' to the So. in Depth. . .noted that this would i cause a 200' C-3 zone then a 300' R-4 zone and then a manufacturing zone there is some question in allowing a residential zone to exist in a 300' wide area between a commercial zone and a manufacturing zone. the suggestion of a flat 200' on the South side would split many parcels into two zones. . . The Board sent the problem back to the County Planning board and the Qsby. Planning board for therr suggestions. . . The Qsby. Planning Board has now suggested that on the No. side of the road you eliminate the R-4 Zone and in part tt; e R-3 Zone in the middle and to only rezone to a depth of 200' as a commercial zone, then rezone the existing R-3Zone to the North into an M-1 Zone so you would effecti*ely bring the M-1 Zone closer to Dix Avenue they also suggested on the South side of Dix Avenue that the property be rezoned along existing property lines. . .I have not seen the report from the Warren County Planning Board on this problem. . .When both decisions are received then the Town oacd can set a public hearing on the rezoning. . . Mr. Barrett- where does that leave Mr. Fox and myself? i Supervisor Brandt- you should receive action fairly rapidly on the rezoning. . . this will be brought up at our next workshop session. . . i I Mr. Turnbull- questioned the status of the landfill. . . Supervisor Brandt-The Town of Qsby. , Encon and APA are not in total agreement on how to proceed with the landfill we are going to be meeting Friday to see if we can come to an agreement together. . . Councilman Olson- suggested that the Town Board review before the end of the year the possible increase in cemetery lot fees. . . Supervisor Brandt- requested a report on tie Big Bay ad Big Boom project. . . 3 Mr. Flaherty- 200' more to go on Big Boom Road. . .regarding Big Bay Road Mr. LaRose has ordered the pipe for the project. . . J Councilman Olson- a resident of seward street has not had his driveway { repaired -since hhe drainage project was done. . . ' i i � r5 Mr. Flaherty- The Water Dept. will reppire the driveway. . . RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO, 320_, Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that Audit of Bills as listed on Abstract No. 78-11A. and numbered 1400 through 1616 and totaling 65910.53 be and hereby is approved, and be it further (m ' RESOLVED, that Councilman Robertson abstained from voting on voucher number 1550. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes: None Absent: None On motion bhe meeting was adjourned. Respectfully,Submitted, Donald A. Chase Town Clerk Town of Queensbury REGULAR TOWN BOARD MEETING NOVEMBER 28, 1978 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, WWSC GUESTS: Mr. Wood, Ms. DuRoss * Mr. & Mrs. Lars , Firevian from No. Qsby. Mr. Daire TOWN OFFICIALS: Mr. Liapes , Mr. Lynn, Chief Judking Meeting Opened 7: 30 P.M. Salute to the Flag led by Councilman Eisenhart BID OPENING-POLICE CAR NOTICE SHOWN- Supervisor Brandt- requested the opening of the bids Donald A. Chase, Town Clerk read the following bids. Glen Ford Trucks Lwr. Dix Avenue two LTD IIs. 1979 Delivery 6-8 weeks Hudson Falls, N.Y. Price 11,550.00 Non collusive attached Ford Garage Co. 109 Warren Street two Dodge St. Regis or Glens Falls, N.Y, two Chrysler Newports (1979) Delivery-120-150 Days Price 12,678.00 Non collusive attached Councilman Robertson- requested that the bids be turned over to, the Police Chief-this was seconded by Councilman Olson and agreed upon by the entire Town Board. . .