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1976-08-24 77 REGULAR MEETING AUGUST 24, 1976 MEMBERS PRESENT: Michel Brandt-Supervisor Daniel Olson-Councilman Harold Robillard-Councilman Hammond Robertson-Councilman Joseph Brennan-Town Counsel MEMBERS ABSENT: Robert Barber TOWN OFFICIALS : George Liapes, Thomas Flaherty, Phyllis Joslyn Mr. Eddy PRESS : WBZA, Tri County- News GUESTS: League of Women Voters,, Mr. Bryan Clements, Mr. Joslyn Meeting Opened 7: 30 P.M. Salute to the Flag-Councilman Olsnn Supervisor Brandt- notdd that Councilman Barber was not able to attend tonights meeting being out of town. . . PUBLIC HEARING-NOTICE SHOWN AND READ-LOCAL LAW #1, 1976 FRESHWATER WETLANDS PROTECTION LAW OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK HEARING OPENED: 7:32 P.M. Supervisor Brandt-The wetlands act was passed by the State Legislature some years ago, 1975 if I remember correctly. In that act it said that the local governments could establish and regulate wetlands within the confines of that law. It said that ENCON on the State Level would provide all of the local municipalfties with a -map of what it consideres wetlands. They have never done that over the years. It appeared to be the intent ` of ENCON, because they were unable to provide us, local government, with such a map, to not push the law, and to give the local governments a chance to 'enact this law once they were given the maps. In the last few days as the time limits approach to enact such legislations on a local level the Attorney General of the State had a 180 degree different view of the law. He said that despite the fact that the map had not been provided that the local law would have to be.establishedj if it was . going too be. I personally feel that this law ij very important to the Town of Queensbury. We do have wet lands of varying classifications within the Town in the Dunhams Bay area we have a prime wet land associated with the ecology of Lake George. We have some other wetlands within the Town in the area of the Airport° whidh are not of such an ecological system, and could be very important to the Town in the future. We have the feeling that the best thing that we can do is to enact such'a law. The rules and regulations and exact wording of this law are changing from time to time we get memo's from ENCON and various other agencies as to what exactly the wording haste to be. There are fine points that we have to change to comply to this but basically we are here tonight to give input into such proposed legislation and to see if there are any comments from the Public concerning the enactment of such a local law. Mr. Gardner .Bridge-Town of Queensbury- 1. Why does the Town of Queensbury feel, that it would be better for the citizens to enact this law and prevent the wetlands from going to County control or State Control? 2. If this law is enacted ',and the Town of Queensbury takes control of these lands what is our status then? Are -they still privately owned? Are they taxed? Can the Owners sell them? Does the Town take over ownership? Supervisor Brandt- I think that in my judgement, if the State takes control of the wetlands it is going to be 'A 'less flexible approach to the use of those wetlands than if local government had control of them. For that reaonn it is important that the local government have control of them. It is an effort to 'keep local control. I :think that the local people have a better idea what the land and the localities are suited for rather than leaving that judgement to someone in Albany. The County is reluctant to jump into this because most of the County is in the Adirondack Park. The Adirondack Park is not subject to this law. The same restrictions are carried out by the Adirondack Park Agency so 'it is a seperate entity. There are only two towns within the County that have wetlands outside of the Park, the Town of Luzerne in a limited amount and the major one is l the Town of Queensbury. I think it is necessary we move because I do not anticipate that the County will move. As far as taxation policies✓, we are going right down the road -we have been on with the APA where there is going to be regulations of land. The land will be in private ownership and the owner will have the benefit of paying taxes on that land but will not have the benefit of determining what he is going to do with the land. That is not agreeable to my philosophy personally. I think it is something that we all have to fight. I think the best we can do in this situation is to try and take local control. Town Counsel-Joseph Brennan- There is a specific provision under the New York State Legislature which allows the owner of land to enter into what is called a cooperative agreement. Basically what he agrees to is to allow the wetlands to remain in a natural state. If tke individual goes enter into such type of agreement then it shall be deemed subject to a limitation of the use of the wetlands for the purpose of property tax evaluation in the same manner as if an easement or right has been acquired. The assessed valuation shall be based during the duration of such agreement of restriction on� the use remaining to the owner thereof. If y he enters into an agreement whereby he foregoes any' use of that property what-so-ever then the property valuation is going to be zero. It depends on the specific type of agreement he enters into- the type of restriction that it places on that land and the assessment would have to be based upon that type of restriction, how many remaining uses there are in order to affix a proper value for property tax valuation. Mr. Gardner Bridge-This is negotiable after a passage,:-of such a law? Town Counsel-Joseph Brennan- Yes. The ownership of the land itself, this would have nothing to do with the private lands that are owned by an in- dividual this will have no bearing what-so-ever on' the ownership of theland. It does put into operation a system by where the use of those wetland areas are restricted unless there is compliance with this act, and proper permit were acquired. Mr. Bryan Elements- I am thinking of buying some lands up there. What I would likeAknow what is your position in regard to building on this kind of land? And lands adjacent to it? Supervisor. Brandt- This will be in the Planning Boards interpretation. . . I would guess that each piece of land would have to be judged on its ability to sustain the type of use that the owner is proposing. Town Counsel-Joseph Brennan-Is this property within the Adirondack Park? Mr. Bryan Clements- Yes, it is within the Park. Town Counsel-Joseph Brennan- If it is in the Adirondack Park this law will have no bearing on it what-so-ever. By statute the local government is precluded by' adopting a local law or ordinance which will give the local government any control what-so-ever, over the wetlands located within the Adirondack Park, that will be 'left to the Adirondack Park Agency. Councilman Robertson-One of the things that this Board has done is to charge .t*e Planning Board with responsibility of administrating this law. This was thought out to allow an applicant to make one stop and not have to go before several boards with each having;" different demands. We feel that Planning Board is a natural tie in to administer this thing. Mr. Robert Eddy-Warren Co. Representative on the Lake Champlain, Lake George Regional Environmental Management Counall-Chairman-for the past three years - noted that he spoke in Washington Co. Two weeks ago- I recommend that this law be passed. . . listed two reasons for this 1. noted that Warren Co.. should not handle it since they have nothing to do with it. 2. no reason for ENCON to handle it . .would recommend that according to Mr. Peter Burley-the Town can be made part of the decisions made by the APA in the Park. . .that the Town Counsel be empowered to contact APA and find out where the Town can come in. . .also noted that the Management Commission has the manpower and technical ability to handle the permits. . .the county pays for this and it should be used. . ,Also recommended that the Environmental Conservation Committee be empowered to handle the iew . .monies may be made available for this. . .noted that permits will l✓"be g iven by DEC until the mapping id completed. . . also noted that there is a short form of the Local Law that could be used and amendements can be made at a later date.. . Hearing Closed: 7:.59 P.M. Ltr. TOWN OF QUEENSBURY WATER DEPARTMENT August 24, 1976 Mr. Donald Chase Director of Purchasing, Queensbury Town Office Building Bay Road Queensbury, New York 12801 Dear Don: I have reviewed the bid submittals for supplying a new 1976 integral design, rubber tired backhoe-loader as described in Queensbury Water Depart- ment specifications No. 76-7. In order to be able to give a thorough review I requested that the low bidder Bebout Ford, Latham, New York and the second bidder, Schroon Lake Tractors Inc. ,. Schroon Lake New York .provide demonstration machines for a week tr tgLl which they did. Bebout Ford submitted a bid to supply a new Ford Model 7500 back- hoe loader. As requested they supplied us with a demonstration unit which their representative Mr. Pat Gilgallon stated was the same unit we would receive. I find that their proposed unit does not conform to the require- ments of our specifications in the following areas. Required: Submitted: Brakes: Hydraulic Mechanical Backhoe Reach: 22 2116" Stabilizer Spread: 12' 1117" After checking the unit supplied as a demonstrated, and- stated to be the actual unit to be supplied it was noticed that the unit had been repainted. As a result of this the Serial No. C 439713 was checked l_ with Mr. John Burke, of the National Research & Appraisal who advised that the unit to be supplied to us was manufactured in late October 1974 and was not a new 1976 unit as required. As a result of the review of bids by this department I find that the unit submitted by Bebout Ford does not meet specifications and further recommend that the bidder Schroon Lake Tractors be accepted. Very truly yours , Thomas K. Flaherty,C.E.T. TKF/ljp Water Superintendent Supervisor Brandt-requested the reading of the two bids submitted. . . Deputy Town Clerk-Bebout Ford Tractor Tractor Equipped as per Specifications $38,583.00 Trade in allowance of 12 183.00 Delivery Price ' $25;�' .00 Schroon Lake Tractors Inc. -' John Deere Wheel Loader Backhoe MoUel JD510 List Price $42, 678.00 Allowance 12 690.54 � Delivery Price $ , + Councilman Robertson- I would like to propose to accept the bid of Schroon Lake Tractors, because I believe the lowest bid does not meet either the spirit or the intent of the specifications . ' The question that I have for Mr. Brandt is how that resolution should come in terms of financing in the accepting of the bid which is one I defer to you as the Chief Fiscal Officer.of the Town. so Supervisor Brandt- I feel with the Schroon Lake proposal a little more tractor being offered the Town in a little more reach with the hoe a little heavier machine. On the other hand I look at next year a 50, 55 % tax increase in the Water District and my own feeling is that there is $3, 500 dollars there and I would rather not go. I am familiar with machines and I know they are both good machines I understand Mr. Flaherty' s concern about the year of manufacture but I do not think that is unheard of in heavy equipment to have it sit in the yard for a year or two, before it sells. Councilman Robertson- If we are going to accept thefMr. Brandt I feel that we should modify our specifications to give everybody a chance to bid. , a used machine or a demonstrator. Supervisor Brandt- Have we established that it is a used machine? --' Councilman Robertson- It has been repainted. Councilman Robillard; I think we can establish the fact that it has been used as a demonstrator by Niagara Mohawk which they will vouch for. Supervisor Brandt- If that is the case that is certainly different. Councilman Robertson- I hear what you are saying about the $3,000 but I want the bids to be fair, equal and competitive. Supervisor Brandt- Can you see signs that it is a used machine? Thomas Flaherty- I verified with the dealer that the machine has been used. Councilman Robertson-All you have to do is look at the manifold , the paint work on the engine, that type of thing. It has been more than just around the block. I have no quarrel if we are going to open it up to used machines open the spec, up to used machines and let everyone bid fairly. I do have reservations about buying used machines particularly in this machinery, but I do not think we can ask- &-man to bid in all fairness a new piece of equipment and then accept something else without giving the other guy a chance to make an equal proposition if he can, if he can't then its his tough luck. There is a problem of time. . . Supervisor Brandt-We have another problem, which is the rental of the machine in the mean time. . . that could make the difference in the two bids. Councilman Olson- What type of guarantee is offered with that? Thomas Flaherty- 12 months with a new machine. Councilman Olson- If we accept the low bid which you have determined by the serial numbers is two years old today_ if we lost a motor in that machine would the manufacturer stand up to the fact that we only had it for perhaps six months? Supervisor Brandt- I believe that is from date of sale. Councilman Robillard- They fail to meet specifications on three points, would make a difference in the bids submitted by Schroon Lake if they have a machine that can meet these specifications on a reduced version, I think in all fairness that this would be where we are going to go than I would agree with Councilman Robertson that we should readvertise. Thomas Flaherty- I think the thing that bothers me was that this machine . was offered as a new machine. Supervisor Brandt- What is rental on a practical basis. Thomas Flaherty- $1500.00 a month. Supervisor Brandt- We are talking 30 days at the best when you have to re-_,right specs. . . Councilman Robertson-You could re-w the same spec taking out the 1976 new and reduce the key specs on this bidder and see what the guy comes up with. . . Supervisor Brandt-It is a difficult decision. . . if we rebid it there is a limited amount of assuming that bids come in where they are now and assuming no one comes in with a much lower bid we are not going to gain a great deal. . . Councilman Robillard- You are going to waste $1500.00 and still come up with a piece of second hand equipment. . .I am not saying it is not as good as new, but I am saying it is second hand as compared with a bid that is $3500 more that does meet the specifications and is a new model. . . Supervisor. Brandt- There is a question of financing of any machine is strictly on a note. . . Councilman Olson- I think we made a legal fair public notice of the bid, and the specifications were clear what we were looking for a new machine, and certain specifications. This machine is two years old which Tom says it is and had verified to this fact it seems that he should have come in more than $3500 cheaper. . .than the second bid on a machine that is two year old. RESOLUTION TO ACCEPT BID FOR A NEW INDUSTRIAL TYPE, RUBBER TIRES BACKHOE LOADER RESOLUTION NO. 189 Introduced by Mr.Hammond Robertson who moved its adoption, secon a by Mr.Daniel Olson: WHEREAS, Thomas Flaherty, Water Superintendent did recommend that we advertise for bids for a New Industrial Type, Rubber° Tire, Diesel or Gas Powered, Backhoe Loader, and WHEREAS Five companies submitted bids and were received and turned over to Mr. Flaherty for his recommendation, now therefore be it RESOLVED, that Mr. Flaherty has requested that the Town Board of the Town of Queensbury not accept the low bid of Bebout Ford Tractor, Inc. 978 Albany Shaker Rd. for a New Ford Tractor, Loader Backhoe combination Ford #7500 for $26,400 including trade due to the fact that the machine _ did not conform to.- the specification in three areas: rot Required: Submitted: Brakes: Hydraulic Mechanical Backhoe Reach: 22' 2116" Stabilizer Spread: 12 ' 1117" and was not found to be a new 1976 unit as required, and be it further RESOLVED, that Upon'3Hs�i,rFlgherty's request the Town Board accept the bis of Schroon Lake Tractors, Inc. of Schroon Lake, N.Y. for a New 1976 John Deere Wheel Loader Backhoe Model JD510 for $29, 987.46 including trade in, and' be it further RESOLVED, that the financing of the Backhoe Loader be done by Statutory' Installment Bond. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Robillard, 'Mr. Robertson, Mr. Brandt Noes: None Absent: Mr. Barber RESOLUTION RESCINDING RESOLUTION NO. 183, OF AUGUST 10, 1976 RESOLUTION NO. 190 Introduced by Mr. Hammond Robertson who moved its adoption, seconded by Mr. Daniel Olson: RESOLVED, that Resolution NO. 183 of August 10, 1976 RESOLUTION TO ACCEPT A DEED FOR A HIGHWAY, (Bank Street) be and the same is hereby rescinded. Duly adopted by the following vote: 82 Ayes : Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: Mr. Barber RESOLUTION TO ACCEPT DEED FOR. ,A HIGHWAY RESOLUTION NO, 191 , Introduced by Mr. Daniel Olson who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS, the First National Bank of Glens Falls has executed, obtained and offered various deeds for a Town roadway, not less than fifty feet in width, which is described in schedules A,B,C,D, and E, attached hereto and made a 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 form of the deeds has been approved by Joseph R. Brennan,ESQ. , counsel to the Board, NOW THEREFORE BE IT RESOLVED, that the aforementioned deeds be and. the same are hereby accepted and approved and that the Town Clerk is hereby authorized and directed to cause said deeds to be recorded in the Warren County Clerk's Office, after which said deeds 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, described. as follows: ROAD NO. 361 DESCRIPTION: Beginning at Lafayette Street westerly to Dead End. NAME: Bank Street MILEAGE: . 16 Duly adopted by the following vote: Ayes : Mr. O1son, .Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: Mr. Barber Supervisor Brandt- submitted two resolutions for consideration by the Board for replacements on the Town Planning Boards. . . Councilman Robillard- requested that the two resolutions be tabled to give the Board members more time to review the candidates. . . Supervisor Brandt- withdrew the two resolutions. . . RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE GENERAL FUND RESOLUTION NO. 192 Introduced by Mr. Hammond Robertson who moved for its adopt on, seconded by Mr. Michel Brandt: WHEREAS, a deficit exists within one General Town Fund account code, therefore, be it RESOLVED, to remove such deficit by transferring $13,000.00 from surplus to A9730. 6. (Bond Anticipation Note Principal) Duly adopted by the following vote: Ayes: Mr. Olsnn, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: Mr. Barber R`) RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE PINE VIEW CEMETERY SOLUTION NO. 193 Introduced by Mr. Daniel Olson who moved its adoption, secon a by Mr. Hammond Robertson: WHEREAS, a deficit exists within on Pine View Cemetery Account code, therefore be it, RESOLVED, to remove such deficit by transferring $3,000.00 from surplus to C8810.4 (Cemetery Contractual Expense) Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None �- Absent: Mr. Barber RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE QUEENSBURY WATER DIST. RESOLUTION NO. 194 Introduced by Mr. Harold Robillard who moved its adoption, secon a by Mr. Hammond Robertson: WHEREAS, a deficit exists within one Queensbury Water District Account, therefore be it, RESOLVED, to remove such deficit by transferring $5,000.00 from SW1 8320. 1 (Source of power, supply - personal services) to SW1 8310.4 . (Administration - contractual expenses) . Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent : Mr. Barber RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE HIGHWAY FUND RESOLUTION NO. 195. Introduced by Mr. Hammond Robertson who moved its adoption, seconded by Mr. Michel Brandt: WHEREAS, a deficit exists within two Highway Account codes, therefore be it, RESOLVED, to remove such deficit by transferring $20.00 from DS9010.8 (retirement) to DS 9030.8 (Social Security) and by transferring $42,430.00 from surplus to DM 9730. 6 (Bond Anticipation Note Principal) . Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: Mr. Barber RESOLUTION OF INTENT TO TRANSFER FUNDS FROM GENERAL FUND SURPLUS TO THE HIGHWAY FUND RESOLUTION N0. 196 Introduced by Mr. Michel Brandt who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS, the -General Town Fund projects a surplus for 1976 and WHEREAS, the Highway Fund demonstrates a need for additional funding to carry out necessary paving of roads, therefore be it, RESOLVED, that the sum of $12,000 'shall be transferred from' the General Town Fund to the Highway Fund when such surplus is available and before December 31, 1976. 84 Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: Mr. Barber Supervisor Brandt-This is a matter of communications to the Highway Department so that they can be planning and they know our intent. It has already been declared the some of $8,000 of Revenue Sharing that we should take in yet this year would also be allocated to, in effect make it a $20,000 fund for paving, available to the Highway Department and it is simply a form of a communication, when we have the legal surplus we will have to. transfer the monies. Councilman Robertson- Do we have a committment of where this money is going to be spent? Supervisor Brandt- We are talking paving and . . . Councilman Robertson- Which roads in terms of . . .are we talking new construction or are we talking repaving? Supervisor Brandt- In the last discussion that I had with Carl he certainly wants the input of the Board on that and he is certainly willing to pave whatever we approve. . . Councilman Robillard- I believe we should devote the money to re- surfacing and save what we have, we have not allocated that much money for resurfacing we have many problems with reoccuring pot holes. . . and washed out roads. . .I think the money would be best spentconaa resurfacing program rather than $10,000 or $12,000 on one project. Supervisor Brandt- .Why. don't we declare an intent to pave and enter4nto a discussion with Carl to settle :on this. . . Councilman Robillard- asked Mr. Brandt as chairman of the Highway I Committee to relay our message to Carl. . . Supervisor Brandt-In a discussion with Carl this morning and he said really his highest maintenance cost roads were the unpaved roads his feelings was that we should pave unpaved roads rather than repave roads. . . Councilman Robillard- to counteract that philosophy within two years we are going to have a lot of roads unpaved just by natural wear. . . RESOLUTION TO MAKE PERSONNEL CHANGES IN JUSTICE DEPARTMENT RESOLUTION NO.- 197, Introduced by Mr. Harold Robillard who moved its i a oic�ption, seconded by Mr. Daniel Olson: WHEREAS, the Town Justices require clerical help for the night Court Sessions, and WHEREAS , this service has been provided by Mrs. Joslyn, Court Clerk and by a Judge's personal secretary, Mrs. Bly, on a contractual basis, and WHEREAS, last year the contractual cost for use of this outside clerical help was $1,034.70, and WHEREAS, a reorganization of work loads of the various secretaries within the Town Office can be arranged to provide this coverage from Town personnel„Now, Therefore be it RESOLVED, to have Mrs. Joslyn provide Court Clerk services for all Court Sessions and to increase Mrs. Joslyn's base salary by $600.00 per year for this duty. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: Mr. Barber D e. Councilman Robillard- I wish this stated for the record that Mrs. Bly who was associated with Judge Davidson will no longer be.p exforming these functions. , it is not an increase in tax dollars. . . Supervisor Brandt-It could be a slight decrease—judging from past history. . . it is certainly not me*Was a criticism in any way of what has been done in the past. Mrs. Bly has done an excellant job. Discussion on Local Law #1 Councilman Robillard moved to adopted Local Law #1 Freshwater Wet' =lands Protection Law of the Town of Queensbury. . . Councilman.Robertson- seconded the motion—noting that in the frame work that we have to work with this. is a concise as we can make it. . . Councilman Olson- Thanked the Town Counsel for his helping put this together in such a short period of time that we had. . . Town Counsel- Joseph Brennan-Because of the time limitation prescribed by the Municipal Home Rule Law, for the enactment of local laws, because of the recent changes in the past few days that were made pursuant to directions from the Dept. of Environmental Conservation, it would be acceptable in the content of the,'-local law. I would suggest in view of the fact that there has been recent changes and duato the fact that it would be impossible to comply with the. time requirements for making the final form of the ordinance available to the members of the Board if you should see fit as the Supervisor of the Town to certify as to the necessity of the immediate passage of this local law and that it be required to be part of the vote taken by the Town. Board that 2/3 of the total voting power of the Board.be necessary to adopt this particular Local Law. Supervisor Brandt- I would be glad to do that and that is to be understood in the vote. . . RESOLUTION TO ADOPT--- LOCAL LAW NUMBER 1 OF 1976 FRESHWATER WETLANDS PROTECTION LAW OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK RESOLUTION N0, 198, Introduced by Mr. Harold Robillard who moved for its adoption, seconded by Mr. Hammond Robertson: The above resolution s' forthcoming from Town Counsel, Joseph Brennan and will be found on page,_„'. MOBILE HOME APPLICATION- Richard E. Bardin of R.D.#1 Glens Falls, .N.Y. owner of the property Erwin R. Bardin- one year application for Farm help. . . Building & Zoning Dept. recommended approval (Original applica- tion approved May 28, 1971. One year extensions given in 1972, 1973, 1974, and 1975. It appears that the same situation exists.) Councilman Robillard- This is a reoccuring application for a farm hand,, and it comes up once a year and seeing it is for a farm help and our farms are quickly dispursing in this county I would move that we grant the permit. . , RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION NO. 199 Introduced by Mr. Harold Robillard who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, Richard E. Bardin of R.D.#1 Glens Falls, N.Y. has made applica- tion in accordance with paragraph 2 (b) 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 of a duly licensed mobile home �–' court at property situated on Erwin Bardin's Farm, East Sunnyside Road, and WHEREAS, it is hereby determined that the faots 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 Richard E. Bardin of R.D.#l, Glens Falls, N.Y. to locate a mobile home outside of a licensed mobile home court for aperiod of one year at. property situated at Erwin Bardin's Farm, East Sunnyside Road, Town of Queensbury, and that the Building Inspector is hereby authorized and directed to 86 issue such permit in accordance with the terms and conditions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: Mr. Barber Ltr. 11 Hughes Court Glens Falls, N.Y. August 19, 1976 Mr. Mike Brandt, Supervisor J Town of Queensbury. . Town Office Building, Bay Rd. Glens Falls, N.Y. 12801 Dear Mr. Brandt: About 8:00 P.M. tonite, two young men rang my doorbell. The house was in darkness - no lights on outside. I looked thru my front door window and spoke to them. They had silly grins on their faces and when I asked them what they wanted they said"we're here to share a message with you". When I told them I wasn't interested, they grinned and said "are you sure.. I turned off the light and called the police. I believe it is time to put an end to the "holy rollers" in our town. This particular section seems to be a favorite with. them. It's bad enough when they come around during the day - but there can be no legitimate reason for their visiting at night. I didn't like the expressions on their faces - nor their attitudes. And since I have two children in this same age group, I think I am a pretty good ,judge by now of what is what. We are no longer the small, sweet untouched town we used to be. Let's pass some sort of law concerning this topic. It's been going on ever since we moved to this .house 3 years ago - and I don't think anyone wants it or needs it. At least, put it to a vote. . . and let the people rule. Would you kindly bring this matter up at. your next meeting for discussion. I thank you for any consideration you, give this. Very truly yours , Mrs. Edna Glasston Councilman Robillard- I do not think there is any rule where you can stop solicitation like that, there is no control, if the people become obnoxious then she has the one avenue to follow call the Police an lodge a complaint. . . Supervisor Brandt- As far as I understand it is pure. freedom of speech, and freedom of religion. . . Councilman Robillard- They are not selling . . .we have had these problems before and if the people persist the Police should be called. . . -- Supervisor Brandt- Personally I would not aptempt to pass a law to regulate this in any way because I believe it would be in violation of the constitution if not the states. I think that common sense usually prevails in these situations and I think that if someone is not wanted they understand that fairly quickly or they can be made to understand that fairly quickly on a one to one basis and I think that is where it should be handled. Ltr, from the D.O.T. Notice of Order. . .The necessary traffic control devices will be installed by the D.O.T. - Establish right turn lanes on Route 254, Aviation Road, for turns into Aviation Mall at Driveways 87 "A" and "B" . Establish left turn lanes on Route 254 for turns into Aviation Mall at Driveways "A" and"B" Designate the westerly lane of the Exit portion of Driveway "B" of Avia 10on Mall for left turns only onto Aviation Road (Route 254) . Designate the two easterly lanes of the Exit portion of Driveway "B" of Aviatton Mall for right turns only on Aviation Road (Route 254) . Councilman Olson- noted his pleasure in regard to the letter from D.O.T. because there has been many problems with traffic from the Mall. . . still concerned over the light at the bottom of Aviation Road Hill. . . requested that the following letter be read. . . Ltr. TOWN COUNSEL August 16, 1976 `- Commissioner Raymond P. Schuler New York State Department of Transportation The Campus - Building No. 5 Albany, New York 12226 Re: Traffic Signal, Intersection of Route 9 and Aviation Road, Town of Queensbury, Warren County, New York Dear Commissioner Schuler: I, as the Town Attorney for the Town of Queensbury, Warren County, New York, have been instructed by the Queensbury Town Board to direct this letter to you con- cerning the frequent malfunction of the above-described traffic signal which is owned and maintained by the State- of New York. The signal has malfunctioned seem- ingly on almost 'a weekly basis. The intersection of Route 9 and Aviation Road certainly is subject to the greatest volume of traffic of any in Warren County and possibly of any intersection north of the immediate Capitol District area. Within the past few months, there have-been several occasions when this traffic signal has failed to operate properly, thus creating an extremely hazardous condition on each occasion for motorists and pedestrians alike. The hazardous nature of the condition is borne out by the number of, fortunately, minor accidents which have. occurred during the respective periods of signal in- operation. The problem is further compounded by the fact of the many hour time lapse which exist between the commencement of each malfunction and-!7the repair thereof since the Department of Transportation personnel per- forming the repair work must travel from the Albany area. During weekend periods, the amount of time involved in this respect is even more extensive. The Town of Queensbury has received varied infor- mation concerning the cause of the problem including statements that the signal is antiquated and necessary parts are no longer manufactured, thus precluding proper and permanent correction. Previous reports concerning this situation with concurrent requests for corrective action have bean submitted to the Department of Transportation by Queensbury Town Supervisor Michel R. Brandt without results. Although the Town of. Queenabury is fully cognizant of the substantial cost of replacement of this signal, the hazardous condition and the safety of the traveling public mandate appropriate action immediately- before the inevitable tragic and fatal consequences ensue. Documentation of the exact periods of inoperation with resulting accidents will be submitted if such is desired. In the interest of public safety, it is requested that you take any and all necessary and appropriate action expeditiously to obviate this continuing problem. Very truly yours, /s/ JRB/kh Joseph R: Brennan CC: Supv. Michel R. Brandt Town Counsel Councilmant.Robert R. Barber Councilman Daniel Olson Councilman Hammond Robertson Councilman Harold Robillard Supervisor Brandt-That it is the States responsibility, and even placing Police and endangering them is not solving the problem. . . as far as traffic control in that busy intersection. . . ANNOUNCEMENTS: The Town Board Meeting date 3s now changed from September 14th to September 7th due to Primary day being on. September 14th. . . The Town Board will be accepting applications for a member of the Town Cemetery Commission due to the resignation of Sidney VanDusen from this Commission. . . There will be a hearing September 'lst. at 7:00 P.M. concerning a Police Matter. . . Noted that it is budget time and we are all working on the budget. . .it is becoming common knowledge that in the. general fund the county is apparently consuming most of the sales tax revenue if not all of it, that it will receive and therefore a very small amount will be available to the Town. Last year the Towns.of Queensbury received I believe $385, 000 in sales tax revenue from the county. If we do not receive that , most likely we will not, the tax rate for the Town of Queensbury will be elevated 55% approx. simply to Cover the loss of that .revenue without looking at any increase cost in operating the government. That is a great concern to all of us on the County level I hope that we can find ways to to economize so that we might possibly cut the cost of county government enough to help get some monies back to the Towns that they desperately need. We know that we need to increase out expenditures on road mainnlance and rebuilding we are falling behind. I hate to look at the route for going with a bond to rebuild our roads because of the tremendous interest costs . . .in the water dept. we are also running behind, there are many reasons including a very wet year, that has cut down on water consumption. We are going behind on the operating budget this year once. again and we are going to have to borrow the money for it which means we are going to have-a substantial tax raise there next year as far as I can see it. We are sensitive. to the problem and we will be working on it. . . . Councilman Robertson- I would like to make a few remarks concerning the City-Town Landfill and it will ultimately relate to Mike's remarks. My concern is this. My information is and I do not think there is much doubt about it that with the onset of inclement-.weather by the end of October, November, December if there is not a resolution of the problem of the landfill between Glens Falls and Queensbury the City is going to have some very, ' very difficult operating if not impossible operating conditions in their, landfill. History wise I do not think it is any secret, I know it is no secret, We bade never made much publicity out of it however hat the City and the Town representatives met we agreed on both some long term and some short term goals, the short term goals lending themselves to the ultimate long range program. We came to the stumbling block finances which Mt. Brandt has very admirably covered. But never the less it has brought the problem of the landfill of Glens Falls and Queens- bury to a screaming ha-1t. As a result of that we now suddenly hear in the back ground some suggestions for temporizing and suggestions for postp--ooing basically which revolve around use of the Ricciardelli property which I want to go on record as being opposed to. I do not want there to be any misunderstanding of my position on the Board I am willing to work with the City, I am willing to reach almost any conclusion r that we can come to. But. I do not believe the use of the Ricciardelli Property is going to solve any problems except put them off for six months or a year and are not going to solve them. I want to bring this to the floor, I do not think that we should kid ourselves about it. The problem is at hand and it has to be solved by Queensbury and Glens Falls and it all revolves around dollars purely and simply. Because it does revolve basically on the financial officers and chief executive officers be they Town, City or County what ever vehicle has to be used and is the most expodicious to solve the problem but I do not think that we should go along d6luting ourselves for coming up and all of a sudden having it thrown at us well` Queensbury is not going to permit the use of the Ricciardelli Property and we need to do its , the End of November. I think the Board should take a position on that , I think we should make it publicly . . I have taken mine] I shall let the Board do what they want, I have not discussed it with them, but I just feel this, that we just have to get this thing off dead center and temporizing for ,six months or a year is not going to resolve the problemota. My recommendation is that the Chief Fiscal Officer get a plan together to finance it, it is not cheap, I understand that, I know fully what I am saying To get somebody appointed to spearhead it to get this thing moving to appropriate money to get what plans and specifications we have to get for DEC who are bidding to get all these things underway and not try to temporize and not try to get off base. Councilman Robillard- All I can say, Councilman Robertson, that many nights I have sat here and bit my tongue in regard to the negotiations only in mopes that the problem could be solved and I still hope . that the probelm can be solved between Queensbury and Glens Falls. I do not think I do not have to say too much in regard to my opposition to the use of the Ricciardelli .Propertytit still stands. I hope that the committee can make this become a reality between Glens Falls and Queensbury The problem with the Landfill on Luzerne Road is becoming more of an eye sore every-day I always personally felt that it was a hazard and any use of the Ricciardelli Property would just be a disaster for the western section of Glens Falls. If there is any hope at all of lowering that mountain it would have to be going .to the east by dropping it into that gully. I would be opposed to any move toward use of that property and again say that I hope it can be resolved and just call on K*m, .Councilman Barber, and Supervisor Brandt to do all you can to let the people of Queensbury know that we are trying to solve it and we are not as hard .nosed as people think. Councilman Olson- I would agree, Ham, with your remarks and also Harold's about the use of the Ricciardelli property it has been my feeling also that when that landfill in the City was closed out that I hope to look at a scientific approved method of lowering it as much as possible all we could and slope it down , into that area .to seal it off. I do not want our people in Queensbury to think we are going to allow a situation like the City has made down there know which is in our Town and I feel sorry for the people that live in Queensbury because they have to live in that part of the Town and have to look at it, I am ashamed of it. We are not going to allow, that same problem, that same mess to happen in our other landfill we have now. Supervisor Brandt- I must say I am appalled 'at this whole discussion, I think that we have been in the background making progress toward resolving this problem, Monday night the Warren County Refuse Committee met with the joint landfill committee to try and see if we could get over these hurdles and there are a lot of tough ones. The only people that weren't represented were .Queenshury except for myself and our Attorney. I think that is is a shame this was not discussed in that forum where it stood a chance of being resolved. I think right now it is a play of emotions.I think we are all concerned about the problem I think that if we were properly concerned it could have been solved years ago with a joint venture it would have cost money thel;,it is going to cost money now. The big heat t ' of the joint committee to make a committment to move immediately to the Queensbury landfill it is multi facited it is 1. the direct cost to the best of our knowledgejwe are trying to verify its but there is a strong possibility of 25% state funding available as of January 1st. If that is possible this could cut down on the need of local funding for that operation 2. we are concerned that if we put all of the traffic to the`:Queensbury landfill it could not possibly handle it. The car traffic would he too much con,1estion to run a proper landfill and that means in practical management terms we need to establish� as discussed many times some compaction centers, transfer centers where the home owner can tae his trash by car to the transfer stationjthen it is compacted and moved to the landfill. It is our hopes and intent of the committee to use only trucks to the landfill. 90 Except for the immediate residents next to it. This would require investments of $100 to 150 thousand dollars per compaction center. There are designegq there is . construction to be done and everyone is aprehensive that . it is done in haste, it is going to be wasteful, it is going to be ill conceived. The County Committee sat in perplex as to what to do and the input they.were lacking was -from Queensbury, and I hate lik7 hell to see it come out in open forum and a great big play on emotions that can severly jepardize the good working relationship that has bean established between the two communities. I hope the city' of Glens Fhlls and its representatives and the other members of the County Committee do not take this as a personal insult. I certainly hope that we can get back together and resolve this thing in the way it is going- to have to be resolved. Councilman Robillard- My remarks were in no way intended to be a personrat. insult. As you know I have not gone to any of the landfill meetings per request of certain individuals and I base my remarks ,on remarks made by Councilman Robertson who has been very, very close to the situation, as far as I am concerned. Councilman Robertson- Mr. Brandt, I might add that I have had to my knowledge no formal notification of that meeting which I am a member. Supervisor Brandt- Ham, on the last tuesday night when we had an executive session I told you we were going to have that meeting you and Bob Barber had a- meeting in preparation for that to bring a proposed .jgenda to that meeting, certainly you were knowledgable . . . Councilman Robertson- I was not informed of the date and time of the meeting. I knew there .was to be one this week. . . Supervisor Brandt- My God, I know that if asked)we would have helped you, but I know that I can't go around and write on everybodies shirt sleeve everthing that has to be done in the operation of this government and by Jesus I think that it is everybodies obligation to chip in and get the job done, sorry but that it the way I feel. OPEN FORUM 8: 51 P.M. William Joslyn: Question the -Board if anything could be done to make the islands going into the Aviation Mall more visd4le. . . _ Councilman Robillard- we might suggest to the mall that something be done there. . . Supervisor Brandt— gave the Press the report that was made in May by the Water Study Committee. . . we all know in the Town that we have got to sell water to other municipalities in the long run to solve our problems of financing in the water department. We are running a plant that is basically the Health Dept. sort of forced us,I guess to build a plant that was capable of handling water for many municipalities and we know in the long run .we have got to sell water to these municipalities and in an attempt to define that as accurately as possible the commission worked on this . We as a commission have been discussing with myself, and attempting to discuss with other municipalities the potential sale of wateroso far little has been accomplished it is primarily a matter that other municipalities have a surplus of water on a year like this where there has been so much rain fall so there is no crisi so it is hard to get into a lot of hard discussion at this time. Wire looking at the problem in the future, I just want you to be aware that there is effort being made in solving the problem in the long run term. I think that if the study .starts to define the complexities of the problem, and a possible approach to follow. On motion the meeting was adjourned. Respectfully submitted,- Donald A. Chase, Town Clerk i