1976-08-10 64
It was to be boarded,, up but that has not been done. . .
Mr. Liapes- there has -been some question as to who ownes- the property, but
I understand a man has been hired to board it up . .I will keep after them. . .
Mr. Liapes presented to the Board a petition and- a letter from the Dept.
of ENCON in regard to a problem with Torrington Cement Transit Mix. . .for
the Boards .review. . .Mr. -Liapes .noted that he had -looked over the problem
of the dust ect. and that it was not in his jurisdict#on.'. .
Councilman Barber also n ted that there were complaints but he found them
unfounded. . . . noted thaghe personally felt that the letter from the Dept.
of ENCON was not fair. . .
the people living in the
Councilman Olson- noted that he did not feel thatATorrington area
knew they lived in an industrial area when they moved there. . .
Supervisor Brandt- noted that he had also investigated the allegation
of the neighbors and found them unfounded noting that Torrington had
made many improvements. . noted that he felt it was a personalityy
conflict. .and the complaints were not justified::
Open Forum -8:25 P.M. no one spoke. . .
On motion the meeting was adjourned. . .
Respectfully submitted,
Donald A. Chase
Town Clerk
REGULAR MEETING AUGUST 10, 1976
MEMBERS PRESENT:
Daniel Olson- Deputy Supervisor
Robert Barber-Councilman
Hammond Robertson-Councilman
MEMBERS ABSENT:
Joseph Brennan-Town Counsel
Michel Brandt-Supervisor
Harold Robllard-Councilman
PRESS: Lee Coleman, Tri County News, WBZA,
TOWN OFFICIALS: , Thomas Flaherty, Carl Garb, Floyd Martindale
GUESTS: Mr. & Mrs. Zack, Mr. & Mrs. Gerowski, Mr. Zoli
Meeting Opened 7: 30 P.M.. Salute to the Flag by Donald A. Chase, Town
Clerk
Councilman Olson introduced himself to the spectators noting 'that he
was taking Supervisor Brandt's place as he was attending a New York
State Tax Payers Meeting as guest speaker in Schroon Lake. Councilman
Robillard is also absent this evening as he is on vacation with his:
family and is out of town. . .
BID OPENING ON WATER DEPT; REQUEST FOR A BACKHOL LOADER
NOTICE SHOWN
BIDS OPENED BY TOWN CLERK 7: 31 P.M. --
ABELE
Abele Tractor and Equip. Co. , Inc.
72 Everett Road
Albany, New York 12205 non collusive attached
Massey Ferguson Model MF-80
Price $38, 333.00
Less 1968 Wain Roy
Backhoe Trade-in - 5,#000.00
Net bid price $33,333.00
Alternate Bid
Demonstrator MF-80 Backhoe Loader less than 100 hours
Price $34,333.00
Less Trade-in - 5,000.00
Net Bid Price $29,333.00
Delivery 20-30 days from date of receipt of order.
--------------------------------------------------------------------
PETTIT -EQUIPMENT INC. -
R.D.#2 Route 50
! Ballston Spa, New York 12020 non collusive attached
1976 Massey Ferguson Model 70 Integral Backhoe Loader
`- 1976 M.F. 70 B/H/L complete $41,803.00
Trade allowance 1968 Wain-Roy 16,900.00
Net delivered to Town of
Queensbury $24,903.00
Delivery to be 14 days from date of award.
--------------------------------------------------------------------
RBOUT FORD TRACTOR, INC.
978 Albany Shaker Rd.
Latham, N.Y. 12110 non collusive attached
New Ford Tractor/Loader/Backhoe combination
Ford #7500.
Tractor Equipped as per Specifications $38,583.00
Trade Allowance; Wain Ror Unit 12,183.00
Net Delivered Price $26,400.00
Delivery Approx 25 days
--------------------M-------------.----------------------------------
SCHROON LAKE TRACTORS, INC.
Schroon Lake, New York 12870 non collusive attached
New 1976 John Deere Wheel Loader Backhoe Model JD510
List Price $42,678.00
Allowance on one (1)
1968 Wain Roy Wheel
Loader Backhoe
s/n 5005 12, 690.54
Delivered Net Price $29, 987.46
Delivery 7 days from date of written acceptance of bid.
-------------------------------------------------------------------
STATE EQUIPMENT NON COLLUSIVE ATTACHED
Elnora, N.Y.
1976 International 3600D integral loader backhoe tractor
Delivered price $25, 633.00 plus 1968 Wain Roy
Delivery 45 Days
--------------------------------------------------------------------
Deputy SuRervisor Olson- Thenked all who presented bids and noted
that the bids will be tabled until the next regular meeting for
consideration by the Water Superintendent and his committee.
-Dog Warden Van- at the last regular meeting the Town Board received
a low bid from Whiteman's Chevrolet for $ 37741.80 for a 1977 Chevrolet
Van per our specifications, at that time the only item that was lacking
was a delivery date. Since then we have received a letter from Whiteman
Chevrolet stating the date of delivery of 8 to 10 weeks. I recommend
that we award the bid to Whiteman' Chevrolet, since they were the low
bidder of two bids.
66'
RESOLUTION AUTHORIZING PURCHASE OF 1977 DOG WARDEN VAN
RESOLUTION N0. 180 Introduced by Mr. Daniel Olson who moved its
adoption, seconet by Mr. Robert Barber:
WHEREAS, James Davison the .Town Dog Warden requested the Town Board
to solicit bids for a 1977 Van, and
WHEREAS, two bids were received and opened at a Town Board Meeting on
July 271;11976 and
WHEREAS, the bid of Whiteman Chevrolet in the amount of $3, 741.80 was
the lowest of the two bids and was asper our specifications, Now,
Therefore be it
RESOLVED, that the Town Board of the Town of Queensbury accept
the bid of Whiteman Chevrolet in the amount of $3, 741.80 as per the
recommendation of the Dog Warden James Davison.
Duly adopted by the following vote:
Ayes: Mr. Barber, Mr. Robertson, Mr. Olson
Noes: None
Absent: Mr. Brandt, Mr. Robillard
RESOLUTION TO CONDUCT 'A CARNIVAL
RESOLUTION NO. 181, Introduced by Mr. Hammond Robertson who moved its
adoption, seconded by Mr. Daniel Olson:
RESOLVED, .that permission is hereby granted to conduct a carnival as
follows:
SPONSOR: West Glens Falls Fire Co.
CARNIVAL: AiadU&8t ieKf a of America, Inc. etal
PLACE: Fireman's Field West Glens Falls
DATE: August 6-14th, 1976
and be it further
RESOLVED, that the Town Clerk 'is hereby authorized and directed to
issue a permit to the aforesaid sponsor upon receipt of proof of
liability insurance in ' the 'amount of not less than $5001,000/1,000, 000
bodily injury liability and $50, 000 property damage liability insurance.
Duly adopted by the following-vote:
Ayes: Mr. Barber, Mt. Robertson, Mr. Olson
Noes : None
Absent: Mr. Brandt, Mr. Robillard
RESOLUTION OF SORROW
RESOLUTION NO. 182, Introduced by Mr. Hammond Robertson who moved its
adoption., seconded by Mr. Robert Barber:
WHEREAS, Charlotte Codner served her follow townspeople in a diligent and,J
unselfish manner by assisting'her late husband Bernard Codner, who was at
the time Highway Superintendent, by doing his payroll and personnel
records, and she did this without receiving compensation from the town,
and
WHEREAS, Charlotte Codner during her long life in the Town of Queensbury
exemplified the qualities of a good neighbor and .a good citizen, now
therefore be it
RESOLVED, that the Town Board of the Town of Queensbury on behalf of the
citizens of Queensbury express their deep regrets at the passing of
Charlotte Codner and wish to express their sympathy to the members of
her family:
Duly adopted by' a standing vote of the entire Town Board.
r
RESOLUTION TO ACCEPT A DEED FOR A HIGHWAY
I&SOLUTION NO_ 183, Introduced by Mr. Daniel Olson who moved its
adoption, seconded by Mr. Hammond Robertson:
.WHEREAS, First National Bank has executed and 6ffered a deed for .Town
Roadway not less than fifty (50) feet in 'widthi whioh is described in
Schedule "A" attached hereto and made part hereof, and
WHEREAS, Carl A. Garb, Superintendent of Highways, has advised that ,he
recommends to this Board that it accept this land for highway purposes
into the Town highway system, and
WHEREAS, the deed has been approved by Joseph Brennan, -Esq. , Counsel
to the Board, now therefore be it
RESOLVED, that the aforesaid be, and the same is hereby accepted and
approved, and the Town Clerk is hereby authorized and directed to
cause said deed to be recorded in the Warren County Clerk's Office
after which said deed shall be properly filed in the office of. the
Town Clerk and be it further
RESOLVED, that this new road is hereby added to the official inventory
of Town Highways, and described as follows:
ROAD NO: . 361
DESCRIPTION: Beginning at Lafayette Street westerly to Dead End.
MILEAGE: .16
NAME: Bank Street
Duly adopted by the following vote:
Ayes: Mr. Barber, Mr. Robertson, Mr. Olson
Noes: None
Absent: Mr. Brandt, Mr. Robillard
Deputy Supervisor Olson- noted that Mr. Garb has inspected the road and
given his approval as has also the Water Dept.
RESOLUTION TO ENTER INTO CONTRACT WITH THE LAKE GEORGE OPERA FESTIVAL
ASSOCIATION
RESOLUTION NO. 184 Introduced by Mr. Hammond Robertson who moved its
adoption, secon a by Mr. Robert Barber:
WHEREAS, the Town Board has made an appropriation to the publicity fund
of the Town for the Fiscal year of 1976, and
WHEREAS, the Opera.Festival Association, Inc. is located in the Town of
Queensbury and the publicity program of the Opera Festival will be of
great benefit to the Town, Now, Therefore, be it
RESOLVED, that the Town Board of the Town of Queensbury enter into a
Contract with Opera -Festival Association Inc. which will provide that
Opera Festival Association, Inc. promote the Town. of Queensbury as a
summer vacation area and cultural center for the lower Adirondack and
Lake George section in consideration of the sum of $3,000.00 to be paid
from said appropriation, and be it further
RESOLVED, that the Supervisor be and hereby is authorized to execute such
contract on behalf of the Town Board of the Town of Queensbury in a form
approved by the Town Attorney.
Duly adopted by the following vote:
Ayes: Mr. Barber, Mr. Robertson, Mr. Olson
Noes: None
Absent: Mr. Brandt, Mr. Robillard
MOBILE HOME APPLICATION OF STANLEY SUTTON
C)O
of R.D.#2 Lake Goerge Road Glens"F611a to locate a mobile home
(travel trailer) on Route 4 k mile- south of storytown. Stanley and
Sally Sutton are the ovners .of -the .property.
Reason for request: On April lst, 1976, we moved existing house
to new location and built a new building now known as Sutton's Farm
Market. Mrs. Sutton and myself have been very active in these projects.
We plan on moving "illegally placed" trailer south on or before November
lst. 1976.
Mrs. Sutton was present.
Deputy Supervisor Olson- It is my understanding this is a travel trailer?
Mrs. Sutton- .correct. i
Deputy Supervisor Olson- you used this while your house was moved. --%
Mrs. Sutton-yes.
Councilman Robertson- I believe without a public hearing we can issue
a temporary permit for up to 90 days.
Deputy Supervisor Olson- Did you have in mind that this would be the
only time you would be using this while your house was being established.
Mrs. Sutton- Yes. We hope to fix up a motel unit for next year. . .
Councilman Robertson—Based on what Mrs. Sutton has stated they are
aware of the fact that this would not be a yearly item and the record
so specifically stating, I will move that we grant a .90 day permit.
on a one time basis not to be extended.
Deputy Supervisor Olson- I agree with Councilman Robertson, I know it
was an oversi36t on your part . . .
Councilman Barber-Mrs. Sutton did you come on your own volition or.wete
you asked by a Town Official to make this application?
Mrs. Sutton- We were asked by a Town Official.
Councilman Barber- Mr. Liapes
Mrs. Sutton-yes.
Councilman Barber- Councilman Olson is everyone else in the area in
compliance?
Deputy Supervisor Olson- I do not know.
Mr. Liapes informed me today and- he became aware of it by a complaint
or complaints by people living in the neighborhood.
Councilman Barber- noted tha fine business that has been established
and also noted that in the application you did state it was illegally
placed showing that is was-not of your own volition, ,, I support the
application.
RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME
RESOLUTION DO 185 introduced by Mr.,-Rob-ertson who moved its adoption
seconded by Mr. Olson.
WHEREAS, Stanley Sutton of RD #2 Lake George Road, Glens Falls, N.Y.
has made application in accordance with paragraph-2 (a) Sec-tion 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
of a duly licensed mobile home court at property situated at Route 9
mile south of Storytown, and
WHEREAS, it is hereby determined that the facts presented in said
application are sufficient to authorize the issuance of the. permit
requested by said application, therefore be it
RESOLVED, that pursuant to the provisions of the above mentioned
ordinance, temporary permission is hereby given. to Stanley Sutton of
RD #2 Lake George Road, Glens Falls, New York to locate a mobile home
outside of a licensed mobile home court for a period of 90 days at
property situated at Route 9 k mile south of Storytown, Town of Queensbury
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. Barber, Mr. Robertson, Mr. Olson.
Noes: None
Absent: Mr. Robillard, Mr. Brandt.
1
MOBILE HOME APPLICATION OF EDWARD R. DUNNE
Mr. Olson stated that he would like to thble this application because
some of the names of the application looked familiar.
Mrs Pincheon- spoke to the board noting that they had suggested that
Mr. Dunned instead of herself apply. . . •
Councilman Robertson—This is an existing mobile home?
Mrs. Pincheon- yes.
Councilman Barber- you originally made your application May 25th.
Mrs. Pincheon- right.
RESOLUTION TO AUTHORIZE. PUBLIC HEARING
RESOLUTION NO, § Introduced by Mr. Robert Barber who moved its
adoption, seconded by Mr. Hammond Robertson:
WHEREAS, Edward R. Dunne 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
l_ outside at property situated at corner of Michigan and Central Avenues,
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 September7l0th, 1976 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 foil wing vole:
Ayes: Mr. Barber, Mr. Robertson, Mr. Olson
Noes: None
Absent: Mr. Brandt, Mr. Robillard
MONTHLY REPORTS
-Town Court report for July read and on file. . .
-Town Clerk's monthly report for July , 1976 read and on file. . .
-Dog Warden' s monthly report for July, 1976 read and on file. . .
-Building and Zoning Dept. report for July, 1076 read and on file. . .
Deputy Supervisor Olson- re: Traffic Light at Route 9 and Quaker Roads-
I asked the Police Dept. to give me a break down of how much time we
have spent there in the last two months. We had five days in July
and five days already in August,, 17% man hours were spent just in this
last weekend of,Saturday and Sunday. Noted that again today the traffic
light was malfunctioning aga-in. I am speaking of days that we had to
supply w= manpower and our polices:--department, to direct traffic
0
1 believe it is a problem the Department of Transportation has been
working on, the Supervisor has written them a letter, I do not know
what stronger action we can take other then I would like to empower
our Town Attorney ao write -a much stronger letter to DOTS notifying
them of the serious condition which exists at that intersection, probably
the busiest intersection in the Town of Queensbury. We have several
accidents therey fortunately we have not had a fatal accident. We have
exhausted our patience. We have to send our Policemen and use. their
valuable time then they shauhd be out ®n the road,,,taking care -of our
own problems in the Town of Queensbury. I want the residents of the
Town of Queensbury to know the Queensbury Town Board is doing everthing
within their power to rectdfy the situation. It is up to the state
who owns the light and control to repair it when it breaks. . :we cannot
afford any more man hours by our Police Dept. there.
Councilman Barber-After several complaints and having a problem going
through that intersection in the past twenty days when we have experienced
many problems,, I have since,- found out that the controler that is being
utilizdd by the State that was installed to' control the traffic light,
is antiquated and the manufacturer of the control is no longer in
business and that the State Dept. of Transportation no longer has parts
for those controllers. That is one -reason why the controller is not repaired
properly. I think it has a significant liability factor here in the event
that something really does happen they should replace that controller
immediately If my investigationjwhich came from an electrical contractor
who does repair to intersection lights if that is in -fact proper4 I think
our legal counsel should notify the sFate that we are aware of said condition,
and the liability rest upon them solely and the situation should be corrected
immediately.
Deputy Supervisor Olson- unofficially, I have been informed that it also
has something to do with the tripping arrang"tun.
Councilman Robertson- Also noted that there is a similiar •situation at
149 and Bay Road. . .this should also be included in the letter of liability
in regard to this intersection. . .
Councilman Barber-'`I wauld like two seperate letters because. I feel
both intersections are hazardous,, but the intersection of Quaker and
Route -9 is Russian Routet .and should be corrected immediately. . .
I would like it brought to the attention of the Town Board'°that I --
realize that Mr. Brandt has notified the Dept. of Transportation
in regard to the light at Quaker and Route 9 at least 5 to 6 weeks
past 'and as yet has not received communication from that Department.
Deputy Servisor Olson- noted the Police log, noting the time ,and .dates
that the light has malfunctioniW this is on file for the Public. : .
Councilman Barber- requested the help of the local Press and urged them
to do a community service in looking into this problem. . .
Open Forum C
Mr. Geroski- 153 River Street-I request your permission to talk with
Councilman Barber. . .I '149resent ,a small group of people who live on that
street, on 153 Rive et, plus the people that made the complaint,
a formal complaint about two weeks ago. Now let ,me read your statement
in the paper, it says Councilman Robert Barber praised Torrington, saying
that the firm is turning a delapitaded situation into a fine business
enterprise. He said the firm was doing nothing -obnoxious. -Now Mr.
Barber can you tell me on behalf of these people here and myself,
where did you get that information from?
Councilman Barber- Mr. Geroski, In respect to my comment that the
Torrington Const. Co. was turning a delapitaded situation into a
better situation was a result, as you know, of a prior enterprise
that was there,Bronk Ready Mix, did not enhance the situation for your
people, particularly yourself next door and the immediate surrounding
area. The-building was delapitaded it was a 'hazard for children because
there was -no supervision, ho fencing there was mounds of de�tie in the -front
and- there were weed growing up and alsthetiely I' didn't feel comparing that
with what Torrington is presently ..`LF doing by closing in the conveyor
and painting the wood shroud around the bin 'with a sky light blue as well
as the. . .
Mr Geroski- Lets forget about the outside of the building, what we are
interested in is the dust situation -and noise situation. How did you
arrive at 'that) is that from your personal., observation,have you been
there when the operation is going on?
n
Councilman Barber- I have been at Torrington Construction and have
listened to the situation at �hand, yes.
Mr. Geroski- How many times?
Councilman Barber- I have been there on two different occasions.
Mr. Geroski- Were they operating at that time?
Councilman Barber- Yes they 'were.
Mr. Geroski- And you can state that there was no dust coming out?
Councilman Barber- Let me preface my remarkd right now. Let .me make it
perfectly understood- that at the last Town Board meeting, I felt that
the'letter initiated by Mr. Lavin. I did;4feel that this Town Board, it
is my own personal feelings as a Councilman of the Town of Queensbury,
that this Town Board, should get involved in determination of .a noise
pollution factor until the state had made its determination. I made
my determination on the aesthetics from a delipidated situation to a
present situation which I find much more improved.
Mr. .Geroski-No, No, you are wrong Mr. Barber. You said there was nothing
obnoxious. What causes , when the'-dust comes out of the doors and the
dust flies up when you put it in the bins, where is all that stuff going,
it deteriorates',the-ppeperty, right.
Mr. Barber-Mr. Geroski, I am still saying, that my comments were solely
directed to the aestheties47.not to ,the pollution, nor to the noise.
Mr. Geroski-What do you mean by .that?
Mr. Barber-The appearance.
Mr. Zack-I live at 152 River Street, we are talking about noise and dust.
Five o' clock in the morning the diesels will come out and rev up their
engines full blast and here we are trying to sleep. I do not think that
is right. Especially when -you get five of them you can not sleep. I have
seven tenants, and they call me up. One of them moved. I an not going to
have any tenants.
Mr. Geroski-Mr. Ralston told me that anytime the plant is in operation
the back door had to be closed. Now why is it everytime they are filling
the trucks)and they see me coming in there, they close the doors.
Mr. Barber-As �I understand the letter .from Mr. Lavin, he had an agreement
with Mr. Zoli, that the South door would be closed
Mr. Geroski-But it isn't
Mr. Barb-er•-W6-eansreeo lve this, and we can resolve it to everybody' s
satisfaction, because Mr. Zoli is here also, now, I read that he assured
Mr. Lavin that this is done, and he went down and talked with Mr. Williams
and found that it was not in fact being done. Now, if we can have an
assurance that this is going to -be a standard operating proce€lunetthat
his organization is going to comply with,. then I do not see that there is
going to be a problem.,
Mr. Geroski-The story is that everytime an official comes in they always
comply with regulations . . .but when you fellow,sare not there, you don' t
know, you do not live there. We have 22 signatures from River Street, we
know what is going ,on over there. What happens to the dust, what happens
to all that stuff that we have to inhale?
Councilman Barber- Again, Mr. Geroski, I directed my comments solely to
the aesthetics, the appearance, I felt that it was a substantial improvement.
Mrs. Geroski- That does not destroy our houses our property. We inhale
pure cement into our lungs. . .
Councilman Barber- But this is not within our realm, Mrs. Geroski,
this is within the realm of the Dept. of Environmental Conservation,
to determine whether it is hazardous or not.
Mrs. Zack-1 live at 152 River Street, It is passed from one to the other,
we called Mr. Liapes, Mr. Liapes says such and such, what are you Councilmen
for?
72
Deputy Supervisor Olson- If I might answer, I think. if you can remember
last winter I came down and we had paint coming out of Hercules, that
night when Mr. Buckley who was our Town Engineer at the time`we investigated
that situation and I think it was eleviat*dfor the time being, I know there .
are other problems down there. What I have tried to do with this problem,
when you people came to me with this problem, I talked with the Building
Inspector, Mr. Liapes, we had him down there investigating this situation.
What I have tried to do as a Councilman on behalf of the Town and for the
Town, is that the Town would do everthing we could for you people and
also contact ENCON. To me the whole problem is an ENCON problem. We do
not have the mechanism or the personnel to go in and maasure . the air
pollution and the paint odors and fall out as you might say that comes
from the Hercules Mill which some of your complaints list. ENCON is
the jurisdictional agency which would control this. I do not think
there is anything -within our power, anything further that we can do,
as a 'Town Board other than Police matters, and disturbing the peace.
Ted spoke: of starting the trucks up in the morning I believe that is
probably disturbing the peace and should be taken up with the Police .,.'
Department.
Mr. Geroski- We did . : .
Mr. Barber-As Councilman Robertson •just brought out, ' this is a civil '
matter. To my knowledge any noise operation outside an industtial
complex can start at 6:00 A.Ml in the morning- and can continue until
12: 00 midnight.
Mr. Zack-They have a big bulldozer, they push the crushed•stone in-to
the cdnveyor. Now it is 'wet weather, the stone is wet. When it is not
wet and the stone is dry, the dust is so bad,you can not see down the
road. The Town Board should have something to do with that and they '
should oil the road where the big trucks come out. .A sprinkler system
on the stone dust would eliminate the dust problem.
Mr. Barber-There has got to be a fair compatible solution here because
you people knew the Bronk situation. The volume of business in comparison
of Bronk with ,Torrington seems to be improved. It is my opinion_ that
they are trying to resolve and meet the standards of the state and to
satisfy you people by a certain time limit which I understand is
October lst or 31st and still meet production requirements.
Mrs. Geroski-You try living there. You inhale that pure cement all day
long that comes out of these trucks. And what it does to my property.
Our windows are filthy. The cement is destroying the slate on our roof.
If you lived there you would be singing a different story. We live there
seven days a week, what is happening to our lungs.
Mr. Geroski-Let me say me thing. During this period of reconstruction,
they are doing the best they can.They are painting the place outside,
but -in the meantime what is going to happen to all that dust.
Mr. -Barber-Since we have had an oppportunity to here you people we have
had a report presented to us by Mr. Lavin of what the requirements area
and we do have in our presence Mr. Zoli. Perhaps we can hear from Mr.
Zoli and if he can abide by these requirements. We have asked �Mr. Zoli
to be here, and he is here. He is just as concerned about the affair as
you are. We would like to have a compatible relationship of a business
enterprise in the midst of a residential situation.
Mr., Geroski-That statement you put in----the paper made a fool of us. -�
Deputy Supervisor Olson- We tried to bring both parties together, ENCON
is to determine what is pollutant to the air. It is actually out of
our jurisdiction, except for -the noise. _.
Mrs. Geroski- Mr. Olson, Has Mr. Barber seen this petttfoS?
Deputy Supervisor Olsnn-Yes, we did receive that, at the last meeting.
Mrs. _Ge-koskfa'f6ted-heracomplaint against the door being opened caus^ing
more dust. . .
Councilman Barber- The Town has no enforcement methods to do anything
about this particular situation, other than .to refer it to the Dept.
of Environmental Conservation, or Dept. of Health.
Mrs. Geroski- In the mean time all that cement is destrgying our houses,
and dirtying our places who is going to- pay the damages and clean the
places.
Councilman Barber- Again that is nothing that should come before the
Town Board . . . it is a civil matter.
If we can help you to keep the dust to a minimum,so it keeps Mr. Zoli
and the State happy and keep you people happ-r7then we would be more than
happy to try to help.
Mr. Geroski- That'.`is what we want. . .
Mr. Zoli-Our position on this is that we have located a Ready Mix
Concrete Operation within the areas of the Town of Queensbury where
.,.. this type of operation is permitted, on the face of it. In other
words there is. no special variance required there is no special
permit it is strictly an area where the Town of Queensbury has said
operations of this type, ready mix concrete, other heavy industrial
areas are to locate in this area. We could have gone into a lot of
other areas, that we own property, but we had purchased this piece
of property where this type of operation i# permitted and condoned.
As long as we are there we intend to abides by the laws of the Town of
Queensbury and the State of New York.
Mr. Geroski- You say you are abiding by the Laws of New York then why
is the door being left open?
Mr. Olson told you and told me that anytime you load you trucks the back
door has to be locked, closed right? How come it isn't closed and every
time you see me go in the back- door and you close the door? Now you are
violating something there, you are not doing something right.
Mrs: - Geroski- Mr. Olson, Mr Torrington, wants nothing to do with the
neighbors around his ,plant i� ha4 what he told . . . .
Deputy Supervisor Olson- I am not aware of that and I would not have
any of that information.
Councilman Barber- I cannot for a minute Torrington Construction
has been in this community for many, many years and had a lot of under-
- takings in this community and I have found them to be very receptive'
to anybody talking•anyone, foreman, superintendent, or even Mr. Zoli
himself about a complaint or a road Job or who—ever it may beyso they
are , I think they can go out in private and talker fine, if you can't
maybe we can resolve it some other way.
Mr. Geroski- Is there any wag we can have a variance law-passed where
he has to start at certain hours at 8:00 o'clock in the morning and
quit at 5 :00 and be closed on Saturday and Sunday?
Councilman Robertson- I will answer that question, 'it is possible.-only
in the sense that it applies to every business and every enterprise
uniformly.. We can not single any one business, any one enterprise or
any one locality. T—he only ordinance that we would be allowed to pass
would have to be based on a town wide ordinance which applied to
everybody equally,
Mr. Geroski- How come Hercules isn't working Sundays' and Saturdays' ?
Deputy Supervisor Olson- They probably choose this as their schedule.
I do not mind and I would entertain any comments from Mr. Zoli.
Mr. Zoli- I do not think we want 'to get into the situation here where
I comment point by point. I was invited to a meeting at Mr. Geroski`s
shortly after we acquired the block plant, and I attended, I spent
approximately one hour and a half, I do not think the comment that I
do not want anything to do with the neighbors can possibly be correct.
I went to ,that meeting and have had a number of telephone conversations
with Mrs. Geroski, I am unable to satisfy the neighbors request that we
operate more stringently than what the applicable laws are through our
area. We can only operate within the law it would be a hardship on our
firm to apply to laws devised by other residents in the area in an
industrial area to our operation. Again, we intendtto operate by the
laws of the Town of Queensbury and the laws of the State of New York,
I think many of the statements that have been made by this neighbovhood
group suffer from a significant lack of credibility, but again I do not
think we can answer point by point. Our closest neighbor, the person
l4 who lives perhaps 30 or 40 feet from this operation is not here. Did
sign the petition because in her words to our plant manager,Mrs. Geroski
approached her� she actually physically feared that she was going. to get
involved in personal.-1'harm, this is what she told us, signed the petition
but will not be present here because she feels that our operation is not
a problem to them. They are our most closest neighbors. Really I think
that what we can do to work our differences out is to work with representa`--'-._
tives of the Town of Queensbury to insure the laws are being abided by
and to work with the New York State of Environmental Conservation. We have
done a significant amount of liason with the ENCON and I think our program
there which was costing us Between 70 and 100 thousand dollars will result
in a operation that completely conforms to the laws as they exist now,
in the State of New York.
Deputy Supervisor Olson- One question that I have for you Sir, Your
time table was October 31st, I believe.
Mr. Zoli, the 30th In otherwords by October 30th there will be a stone
bin constructed there will be some improved drainage and we will have
our grades in the final position so that we can come to grips with
more thorough oiling fugitive dust. Our plans will continue throughout
the following spring because we are going to grass the area and making
what ,we would call a show piece ready mix facility. Now, I think a
show piece ready mix facility is welcome in an industrial areaI do not
know that a show piece ready mix facility would necessatily be welcome
in a residential area)no matter how show piece it was. The fact is we
are not interested in that.
Mr. Zack- Mr. 'Zoli was speaking about the neighbor that lives 30 feet
from themghe happens to be a tenant of mine. He is going to move because
of that noise, .he calls mgg.. up and complains to me about dust, as a matter
of fact his wife,Mr. Zol �hat she has a new floor in there that the
dust blows in there she can t keep it up, that is what she . told me.
They live 30 feet'which is true; and they heve those engines reving '
and going full blast,and' she complains to me.
Deputy Supervisor Olson- I think we have heard words on both sides of
this problem, again ENCON is the controlling factor a�ndthe agency that
makes -the decision in - this. What Mr. Zoli has said,the program thay
are going through right now'df re-building,, we may see a !
improvement in the dust and the things that are going on presently.
Mr. Geroski-During this process of re-building why is that door open
when they are loading the cement trucks?
Deputy Supervisor Olson- That I cannot answer, but what I am going to
do tomorrow morning is to get in touch with Mr. Liapes again-and we will
go the route with ENCON and we will notify ENCON that we have complaints
from the residents of the area and we will just have to turn this over
to ENCON and let them take the ball from there. I hope that is satisfactory
to .everybody present.
Recess: 8:40
Reopened: a: 50
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION NO. 187, Introduced by Mr. Daniel Olson who moved its adoption,
seconded by Mr. Robert Barber:
RESOLVED; that 'Audit of Bills as listed on Abstract No. 76-8 numbered
1087 through 1337 and totaling $80,817.05 be approved.
Duly adopted by the following vote:
Ayes: Mr. Barber, Mr. Robertson, Mt. Olson
Noes: None
Absent: Mr. Brandt, Mr. Robillard
On motion the meeting was ,adjourned.
Respectfully submitted,
Donald A. Chase
Town Clerk