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1986-11-12 TOWN BOARD MEETING NOVEMBER 12, 1986 TOWN BOARD MEMBERS Mrs. Frances Walter - Supervisor Mr. George Kurosaka - Councilman Mr. Stephen Borgos - Councilman Mr. Ronald Montesi - Councilman Mrs. Betty Monahan - Councilman Mr. Wilson Mathias - Town Counsel 7:40 P. M. MEETING OPENED PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN GUESTS: Attorney Michael O'Connor, Shirley Rivers, Rick Rogge, Charles Garb, Thomas Barrowman, Thomas Washburn, Janice Henke,Pat Washburn, Mike Brandt, Bill Cook, Dick Eggleston, Denis Brower, Bill Hughes, Lois Martin, Robert Bredenberg, Peter Tarana TOWN OFFICIALS: Mr. Stuart Mesinger, Mr. Paul Naylor, Mr. Rick Missita, Mr. William Bodenweiser PUBLIC HEARING-Notice Shown-Application for Mobile Home Park, named Northwinds- Daniel and George Drellos-Owners - Luzerne Road 7:41 P.M. SUPERVISOR WALTER-Requested a presentation on the Northwinds development... MIKE O'CONNOR-Attorney for Daniel and George Drellos - This has been in the works for two and a half years. It has been before this Board on a couple of occasions and before the Planning Board on three occasions. It has been before the County Planning Boardon two occasions, { it will contain eighty five (85) units. We went over the mobile home ordinance and dotted all the T.5 and crossed all the is and made sure we are in full compliance with what the Board —� has required. Most of the requirements,we have superseded. The Ordinance allows a density of 5.5 units per acre, we are talking about a density of 4.83. Our lots are a minimum size of 6,050 sq. ft. with some 6,000 sq. ft., the requirements being 5500 sq. ft. We have provided for the dual entrances that were required. The park provides a set back of 251on the sides and back, and the lots large enough so that individual home units will have set backs. The Board with has environmental assessment done by Ray Buckley on September 10, 1986,I will remind the Board that they also had an environmental assessment form that was completed prior on the rezoning of the area that was done by VanDusen and Steves in January 1985. The Planning Board recommended a variance for a mobile home park in this area in March of 1984 and in August of 1985 recommended the rezoning of it and most recently in October 1986 they approved the site plan review. In addition to what the Board has in its file already I also have a letter from Robert Wescott, the Fire Chief for the Fire Company that serves this area. He has reviewed our plans and from a firematic point of view has no objection to them. We also have a set of rules and regulations that we wish to adopt and enforce for the management and operation of the park. We have submitted those to the Planning Board as part of the site plan review. There are some fiftysix rules that we will have in effect there. We also have a set of prints that have been stamped approved, by the Department of Health. I think we have complied in all manner with the requirements. The Board had assigned this to Morris Engineering to review possible drainage problems and septic programs, there were some minor changes made and incorporated into the plans. The Code Enforcement Officer and the Zoning and Planning Officer also reviewed this and made the suggestion that we change the distance between our two entrances, which we have now incorporated into the plans so we have aligned the entrances with the streets in existence on the south side of the Luzerne Road. I think that the applicant has tried to comply with what ever suggestions that have been made to make the plans acceptable, I hope that the Board will find them acceptable to approve this —' application. COUNCILMAN BORGOS-Are all the rules and regulations legal in the eyes of New York State? MR. O'CONNOR-Yes, they are. COUNCILMAN MONTESI-Are there septic tanks on each lot? MR. O'CONNOR-There will be on site treatment of the septic, each unit will not have its own septic tank, it will be designed so that the tanks that are put in will serve more than one unit. COUNCILMAN MONAHAN-Are there any Niagara Mohawk transmission lines running through the park? MR. O'CONNOR-Not that I am aware of, the lines run along the back line then they come over and run further east. STUART MESINGER-I would say that the plans are exceptionally well done as far as complying with our ordinance. It is very detailed and we did have an engineer review them and some minor changes were made to drainage and septic details and the Planning Board found the site plan acceptable. The other thing that I would note is that right now I see a tremendous demand for Mobile Homes in the Town. I get calls three or four times a week from people 1..., who want to site mobile homes in parts of town where they are not presently allowed. It is very difficult to get a variance for a mobile home because the test for a use variance is very hard to meet. SUPERVISOR WALTER-Asked for public input on the subject of the mobile home application? SHIRLEY RIVERS-Vermont Avenue, West Glens Falls- We the people of West Queensbury or West Glens Falls are tax payers and voters. You the Town Board are voted into office to represent all of us and in my personal opinion you are not doing so. This issue has been around and around and you know how everybody up there feels about it. I would like to mention a few things about Homestead Trailer Court that the Drellos started and from what I understand are still silent partners in. People that live in that park, their lot fee is $105.00 per month, and they pay five dollars extra for a dog and if they are five days late with their rent they pay five dollars more. These people if they wish to sell their trailer can only sell them to the manager, to the Potvin Brothers or to Glen Gregory. If they sell it to anyone else, the trailer must be moved out of the park. I would just like to know where are their freedoms and where are their rights. RICK ROGGE-Cormus Road-I see a definite need for this. It is a business I am personally involved in and there is a tremendous demand and by the way they set up to meet all the requirements and actually supersede them, I think their intent is exceptionally good. COUNCILMAN BORG OS-Regarding what Mrs. Rivers said—legally I don't know if Counsel is prepared to take a position on this but the things you indicated about who can sell mobile homes to whom etc, are those written anywhere? SHIRLEY RIVERS-I got this from people who live in the park and they didn't want me to mention any names. COUNCILMAN BORGOS- That is beyond my expertise and I am wondering if is legal? RICK ROGGE-I have a mobile home park also, and there are New York State laws to regulate them. COUNCILMAN MONTESI- We as Town Board Members cannot regulate late fees. Wasn't there a covenant to the effect, to let us know they are running this in a fair way, and a way they will maintain the standards, it had nothing to do with price, but it seems to me there was some request there? MR. O'CONNOR-There is a requirement in the ordinance that we supply the Board a copy of our rules and regulations which is what we have done. We have some 56 rules and regulations, which are pretty much the do's and don'ts of both the operator and of the people who live in the park. They were drawn up in conjuction with not only what we desire but also the guidelines of a book, that the Attorney General General has put out and is available to anybody, it is a. mobile home tenants handbook. The fact that there are some things in there we didn't particularly care for but they are the rules and regulations of the State of New York and we complied with them. On late charges we are required not to charge more than five percent of the amount of the payment. We do spell out what happens if somebody sells, what their rights are and what our rights are. We hope to maintain a first class operation and we will have some review '^ and approval of all tenants that do come in there because we do not want somebody who igoing to be detrimental to operating on the level we want to run it. We have credit checks, references, and as people have leases and we do offer them leases, which again is a requirement of the state. If they were going to sell for example, we reserve the right to approve the people that they sell to on the same basis, and we will not withhold our approval unreasonably when we say that, but we subject them to the same requirements as the first tenant who came. COUNCILMAN MONTESI-Thanked Mr. O'Connor—noted that they were concerned about both the park owner and the tenant and suggested these rules and regulations were written down. MR. O'CONNOR-I understand the rights of the tenant is the obligation of the owner of the mobile home park to supply these before they become a tenant. In fact we will devise receipts etc, to get acknowledgments from them saying that they received copies of them, for two purposes, one, that we complied with the statute and second, to give us the basis for enforcement. We don't want somebody to get in there and then all of a sudden say they didn't know that they couldn't have pets, or they couldn't have unregistered vehicles , we've got some tight rules and regulations and we want to be sure they know these rules. COUNCILMAN MONTESI-The whole intent of our updated laws for mobile home parks was to take away the stigma of having terrible situations and upgrade the whole mobile park so that it is an added attraction not a detriment and by maintaining a buffer zone of 25 feet, if you measured that out, we have taken a lot of usable land away from the owner of the land, but this is to help preserve the character of the neighborhood around this park. CHARLES GARB-Westmountain Road-Are there certain specification for the size of the mobile home and also Mrs. Rivers said they had to sell to a certain person, do you also have to buy from a certain person or could you buy one and have it moved up here? MR. O'CONNOR-What Mrs. Rivers said isn't really what we are doing. We will have a right to have a say as to where the mobile home is purchased from those people coming in, but as far as who they sell to they are free to sell them to whoever they want but it is a question whether or not that person will continue as a tenant. That person will have to meet the same requirements as the initial tenant had to meet. CHARLES GARB-So what you are saying is that you will reserve the right to say whom one buys their trailer from, even if the home meets the specifications. COUNCILMAN MONAHAN-So what you are saying, no one is going to be able to move in this mobile home park from another mobile home park and bring their mobile home with them. MR. O'CONNOR-That will be discouraged. CHARLES GARB-And also they are going to monopolize where you can buy...lets say if I want to buy a new home at a fairer price then you can offer me, I wouldn't be able to do that... MR. O'CONNOR-I would presume you wouldn't buy from us if we are not comparable. COUNCILMAN MONAHAN-But you are saying he has to buy from you or he can't come in there. MR. DEMARS-Westend-I really think the park is a great thing. I think Mrs. Rivers when you look at mobile home verses home control, you have to look at, other developments being built where there are specifications being built into those contracts, and to where they are saying if you buy our lot you know...so I don't think that they should be that prejudice against the mobile home because they want control. WILLIAM BODENWEISER-Town of Rueensbury-We have been confronted with problems in some of these mobile home parks and the problem gets very sticky because they have direct control over the park and what goes on in there, so if we get people such as these with good rules and regulations, it will prevent the problems to the town. Such as destruction of property ruining the property of the mobile home and then walk out leaving it destitute and this has happened in several instances, and they call upon my office or the Building Department to go down there and rule on what these people are going to do about it. It is very difficult because it is a private park whereas if you have good rules and regulations set forth prior to allowing a park like this, you have a better leg to stand on when it comes to enforcement. COUNCILMAN MONTESI-This is the first mobile home park coming through with our new guidelines and ordinances and rules and they have done a nice job presenting it. They have complied with everything we have asked and I think you are going to have a first class operation. i SUPERVISOR WALTER-Asked for further input from the public, hearing none the Public Hearing was closed. 8:07 P.M. PUBLIC HEARING-NOTICE SHOWN 353, SUPERVISOR WALTER-Noted that this Public Hearing proposes a Local Law limiting the weight on Garrison Road in excess of five tons. Noted that a problem was brought to the attention of the Board from the residents. Asked for public input... COUNCILMAN MONTESI-Noted that this law does not exclude the oil truck or deliveries, such as UPS etc...Referred to what Mr. Naylor, Highway Superintendent said, that we would be doing this over again for Ft. Amherst, and unfortunately that raises a problem because Ft. Amherst is half Glens Falls and half Rueensbury. SUPERVISOR WALTER-If the Board chooses to act on this Local Law later this evening I would have to say that I have had some conversation with Mayor O'Keefe, that we will take this up and that Ft. Amherst is a street that is shared between the Town of Rueensbury and the City of Glens Falls, we may look to posting of that road and the Mayor assured me that would not be a problem. Asked for further input hearing none Public Hearing was closed. 8:08 P.M. OPEN FORUM RICHARD ROGGE-Cormus Road-Regarding the closing of the section of Luzerne Road. Recently the road has been repaved and is not quite the horror it used to be as far as getting up and down and is of much better quality. It has been widened and the pavement is very good and as I live at the top of it I use it on a very regular basis daily and find it to be quite accessible. Also the road connects Luzerne to Glens Falls, and Queensbury. I believe if there was a traffic count done it would show that the traffic is tremendously increased on that road and it would seem a little bit peculiar to close a road that has increasing traffic on it. Noted that the alternate route has blind corners that are extremely narrow. and didn't think there was enough room on that road for a car and the snowplow at the same time. In comparison to Sherman Avenue the Luzerne Road is pretty straight plus the fact that the distance is much farther using the alternate route. Noted also that two entrances were requested at the trailer home park so that it will be a safer place, now here is a community that has been in existence for a long time and has always been operated year round, it had two accesses and now we are getting one of them closed off. Presented the Board with a petition of 56 names of people who feel quite strongly about the fact that the road should not be closed. TOM BARROWMAN-West Mountain Both the roads are not easy to drive but noted that there is a primary road and a secondary road and the primary road happens to be the road being closed. The road being closed has a 25 foot wide blacktop, the one they want to use all the time now -- has 20 feet of pavement. There is the blind turn, and also on the 180 degree turn there isn't any embankment to hold you on the road, when you go around the corner you are going right off the road. The entrance to the Sherman Avenue Extension as you leave Westmountain Road and go down the hill, allows you to gain speed and as you go up that road you will find that you will be traveling in that excessive rate of speed and possibly wind up in an accident, I know because I had one there. As far as fire coverage goes, I am aware that the West Glens Falls Department or the Aviation Road one, will probably use that Sherman Avenue entrance. Noted that when he had a fire at his house the trucks came up the Sherman Avenue Extension but the Volunteer Fire Department came right up the Luzerne Road extension, had that road been closed they would not have been able to get around the fire trucks and wouldn't not have been able to come to the fire and arrive fifteen minutes sooner than what the fire trucks had. Stated that he didn't think any real road study was done to determine which road was getting the heavier traffic. Offered a suggestion as it was done last year, early morning for the school bus and then came back later to finish it. After some of the storms last year, the Luzerne extension that you want to close wasn't plowed until three or four in the afternoon and none of the residents complained about that. What we would like to see is to have the road opened even if it is the next day after a storm. TOM WASHBURN-Cormus Road-Stated that he was not aware that the closing was being brought up for discussion to be closed off and being used as a seasonal limited highway. The town has done an excellent job, resurfacing the road, which gives the residents a better chance coming up through in the winter time avoiding pot holes that could create accidents. The signs were posted on the roadway on November 1, according to the Town Highway laws, Article 8, Section 205, which says, Seasonal limited use highway, designated sign must be place up by December 1; to April 1, and our road has been closed off since November 1. We have had no really severe `~ winter conditions that we lost access, asked that Mr. Naylor to take another look at this road. MR. INGLEE-Tuthill Road-Noted that Mr. Naylor by shifting all the traffic over to Sherman Avenue is creating worse situations where two vehicles have to bypass one another on two or three of these S turns. JANICE HENKE-Cormus Road, Agreed that the alternate route is dangerous enough for a 3 sy. car but the school bus would make it worse on the S turns. While we do not expect an ambulance to ever try to make it up the mountain in any season, we personally want to get our bodies and those of our children down to the hospital by the most direct route if necessary. If the ambulance were to make the trip up for somebody above the place where Tuthill and Luzerne Road intersects and then make the return trip down to the hospital, this way adds an extra three miles which already has been made worse by increased traffic in slippery conditions. I would like to ask that the road be maintained as well as possible all winter in case the other alternate route is blocked. Stated that she would like to take her chances getting up and down the road with an alternate route rather than just have one choice when times are bad. We would like to ask that a compromise be reached where by we are all happy. My most disturbing point is that the Highway Supervisor position is not responsible to the Board in decision making of this kind. Asked what recourse do we have if Mr. Naylor decides not to reopen our road? SUPERVISOR WALTER-We do have an elected Highway Superintendent and by the laws of the State of New York the Highway Superintendent does have some autonomous authority. Referred to Town Counsel. MR. MATHIAS-TOWN COUNSEL-Noted that Mr. Washburn referred to Section 205 of the Highway law which is the provision that the Highway Superintendent acts under and that section of the law allows the Highway Superintendent to designate certain roads within the Town limited access ones or seasonable with access routes which basically is a decision that is left up to him. I do not believe that the Town Board has any type of authority to over rule a decision that the law has left with the Superintendent of the Highway to make, there are avenues available to the people through the court system. I don't believe however there is a provision that says the Town Board can say and require Mr. Naylor to go out and maintain that section of the road. It is his call just as the maintenance, repair, the safety on all the Town roads in the Town of Rueensbury is. PAT WASHBURN-Cormus Road, Referred to the legality of the closing of the Luzerne Road. I spoke to someone who is in a slightly higher up position and he explained to me that the law was written for the seasonal limited use highways for back woods roads that have summer time residents on them, that nobody was residing on during winter time and the town has the authority to seasonally restrict maintenance of the road, this is Section 205 A. The intent was not meant for a road that people travel every day year round. Mr. Naylor has closed off a piece of a road not the whole road. No where in this law does it say the road may be closed and barricaded off as Mr. Naylor has done and I would like to know where we stand? TOWN COUNSEL-I think that the reason for the barricades now is to alert people to the fact that the road is not going to be not maintained during the snow season. —° JANICE HENKE-The law does say a road not a portion of a road. TOWN COUNSEL-Stated that he had discussed this issue with someone who has had a chance to look at this and noted that if the legislature authorizes the town to close off a road, clearly, that doing a little less than that also is authorized by the act. MIKE BRANDT-Stated that he had been here twenty-five years on the mountain and purchased a piece of land from a lady who was raised up there. My wife got her to write her life of the days of living on the mountain watching the stagecoaches go up through and she told us that this was the original road to the west. It is interesting to me to know the road is open and in use since 1895 in her recollection and right through today until November 1. It also is interesting to read in the paper that it is closed because of accidents, for the public record I think we ought to know about those accidents and how many there were on that section of the road. In my use of the road which is access to our properties for the operation of Westmountain Ski Center, it is a very important road because we take heavy equipment up there, and to have to go a couple of miles around, makes it a slow and dangerous process. The longer you are on the road with the heavy equipment the more hazardous it is. I would like for the public record to have the documentation of the accidents. What I have seen personally is that there are a lot of accidents on that road in two places, one when people coming from Luzerne come up over the mountain and suddenly they are on a very steep pitch and usually lose control of their car, this is on the upper half that is not closed off. In my time of traveling that road I haven't seen any accidents on the lower section. Asked if closing off this road was arbitrary or is it real, if it is arbitrary there are also legal restrictions on arbitrary restriction of rules. The second place where I have seen a lot of accident is on the Luzerne Road intersection, people coming down off Luzerne Road failing to stop at Westmountain Road causing an accident. Stated that when all the traffic is moved to the Sherman Avenue intersection then you really got a major problem because the visibility coming off the mountain at Sherman Avenue is far more restricted then at Luzerne intersection. Asked why this road was picked? Noted that November was a very important month for his business. Its very significant that we all bought land on the basis the road was there and in use, and expected that that would continue. Questioned the fact that the citizens of Queensbury having to take on the Town of Rueensbury ass. in legal action concerning the validity of this act as it waste our money to hire attorneys to fight with your attorney who we also pay for. The final analysis is that that road needs to be rebuilt. COUNCILMAN MONTESI-Are there power lines running up Luzerne Road? MIKE BRANDT-There are power and telephone lines. JANICE HENKE-I called Mr. Kelly at Niagara Mohawk and discussed this with him and he said, well of course everyone knows mainlines are far off the road, however in maintaining the power lines that is on this section of road which is closed if the road continues to be closed and the snow gets deeper and deeper he did say it would take extra time for his crews to get in there in order to fix the line. If the power is off for more then three days and those of us have pipes freezing during that time and we can't fix them because they are below ground, then this is a very great source of concern and Mr. Kelly said he would get back to me with an impact statement as to how much longer his crews think it would take, should that road stay closed off. COUNCILMAN MONAHAN-If we have a bad day in the winter that is a very uphill grade from Upper Sherman Avenue onto Westmountain Road and if that is the only way onto Westmountain Road and with five or six cars trying to get up there, we might have a few problems. COUNCILMAN BORGOS-I feel very close to this problem as I lived up on the mountain from May 1964 until October 1973 on the Cormus Road. I am very much aware of the problems. Noted that when this was first presented a couple of weeks ago there didn't seem to be any objection, now things seem to be different. There have been a lot of stories, comments and very interesting letters. Everyone shares the concern and noted that Mr. Naylor does a super job and is concerned-about the people getting hurt and town trucks going over the hill. Noted that he thought everyone was arguing with each other but all saying the same thing, theconcern about health and safety. Maybe after hearing all these different things Paul could be convinced to find another way of doing things, such as opening Tuthill first then get to the other road later. Noted he could understand Paul's concern about someone going over the hill on Black Snake curve and not being found for a couple of days. I have to agree that Tuthill can be extremely difficult going up hill from the East, you have to know how to drive that road. Going East on Sherman Avenue Extension from Tuthill, I have had the pleasure of sliding backward uncontrolably until we stop. I would like to propose to the Town Board and Mr. Naylor to hear this, although we don't have any power to enforce this and since Mr. Naylor is not a bad guy, I strongly recommend that we ask Mr. Naylor to reconsider his position and reopen that road in keeping with the policy of the past. Sometimes we have an open winter and the road needs to be closed only -- one day. I would like to see us go back to the old situation and do the very best we can but somehow be assured by somebody that we are not going to be held liable for doing the best we can do. CHARLES GARB-I work for the Town of Queensbury Highway Department and have plowed that mountain for six years up to last year, of any mountain in Rueensbury from Gurney Lane to Northwest the one section of road that I wouldn't want to drive a $88,000.00 truck up or down is that piece between Tuthill and Luzerne. As far as plowing it partially goes it is impossible to partially take care of it because once you make a move on it the people go for it. Noted that it was the people who do not travel this road all the time that will have the problems but the people coming over from Corinth and Luzerne. BILL COOK-Luzerne Mountain Road-Noted that there were two problems with the closing of the road, first it will be five and a half miles to my mailbox and also the adverse affect it is going to have on the resale value of our homes. The worst corner on Clendon Brook Road has no guardrails and if you go over a little dirt mound it is a twenty foot drop. On Luzerne Mountain Road there are dirt banks along it except for the place where it is covered with trees. I much rather bump into a tree than go over a twenty foot bank. There is also a slight inconvenience with a stop sign half way up the mountain, and if it is snowing you got your choice, stop and maybe not start or break the law. I would like to say that which ever way the decision goes, we hope that conditions remain with the same service that we have had. COUNCILMAN MONAHAN-Asked where the drop off was he referred to? BILL COOK-It is at the corner of Tuthill and Luzerne Mountain Road. DICK EGGLESTON-Life long resident-Police Officer for fourteen years. Noted the execellent job Paul does. I don't think his problems have been addressed to the people up there as to why he actually closed the road. Mr. Garb referred to the fact that there was danger as far as the Town maintenance people well, we all have to accept the occupation we are in, if you don't like it go find another job. The big problem by closing the one road is just move it to another location. The concentration of traffic up there has not diminished, the same amount 3S� of people travel that road, and they are both identical dangerous roads. I would like Paul to address us as to why the road was closed, is it financial or is it actually a hazard to us and what the bases of the hazard is and what study has been done to show it is a hazard other than common knowledge. DENNIS BROWER-Clendonbrook Mountain Road, We live on the mountain because we love it. Agreed both roads are dangerous but those are risks they take living on that mountain. The concern is access to their property, and again noted they need the alternate route. If the alternate route is blocked we will walk so in our best interest both roads should be open and maintained. After all the only public service the Town of Queensbury offers the residents of the mountain is plowing the roads and maintaining them. LOIS MARTIN-Luzerne Mountain Road, The children are all getting together and thinking that when this road is closed, they are going sliding and skiing. I do not want my son on this road, if there is no snow embankment they are going to go off that cliff, children are going to get hurt. I have lived up there for eight years and have never got stuck on the Luzerne Mountain Road but I went off Sherman Avenue. MIKE BRANDT-The Town should encourage that that road should be upgraded, deeded and maintained by the County. There needs to be a little horse swapping done. BILL HUGHES-I work for the Town of Queensbury for 27 years and have plowed that road more than anyone else...Now I am foreman and part of my job is to answer the phone and these people say they do not call up that live on this road but they do. With the phone calls we get over there, it is a good thing that Paul did close this road. COUNCILMAN KUROSAKA-It is my ward and I told these people to be here and tell their stories. ` PAUL NAYLOR-Queensbury Highway Superintendent for five years and on my past experiences on Luzerne Mountain and for the safety of my people and the safety of the people I am supposed to represent who voted for me, that is my decision. I've got to take the shot my gut feeling and all the years I've been in business. ROBERT BREDENBERG-Edgewood Drive, Queensbury, It is my understanding that this Board is considering a very substantial increase in salary plus an assistant and in the supervisor's office. I would remind you that when a candidate runs for office they are aware of the salary to be paid for that term...and I believe that it is wrong to grant a request of this kind in the middle of a term. WILLIAM BODENINWEISER-Fire Marshall, we have a problem in the town with the people burning paper and trash in barrels. The biggest problem is, that they say they are burning paper and cardboard but when you look there is all sorts of rubbish. TOWN COUNSEL-The Fire Marshal has talked this over with me and there are regulation set up by DEC that spell out in great detail what kinds of things you can and you cannot burn and I think we can amend our ordinance by including some language from DEC with regulations to deal with this problem. I would be prepared to have a precise draft of that change by tomorrow morning if the Board wants to set a Public Hearing. COUNCILMAN KUROSAKA-Do we have something that says it has to be an approved burner? FIREMARSHAL BODENWEISER-No, in our ordinance it only covers refuse and that must be disposed of by taking it to the dump or refuse center. SUPERVISOR WALTER-Asked Mr. Bodenweiser to present the Board with a copy of the ordinance so they can set a Public Hearing on November 25, for the meeting of December 9th. PETER TARANA-27 Edgewood Drive, I 've been impatiently waiting for about eleven months now to see some action on the Queensbury Conservation Advisory Counsel, that you said you would act on back in January, I would like to see some activity move in that direction. There are a lot of environmental issues in this town that are very important, there are many people in this community with great expertise that are more than willing to help. I hope something will be done. OPEN FORUM CLOSED RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO:288,Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. RESOLVED, that the Town Board minutes of October 14th and October 23rd be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION DECLARING NO NEGATIVE ENVIRONMENTAL SIGNIFICANCE RESOLUTION NO. 289, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. RESOLVED that such resolution is forth coming from Town Counsel to be found on page Duly adopted by the following vote. Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO APPROVE NORTHWINDS MOBILE HOME COURT RESOLUTION NO. 290, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi. RESOLVED that such resolution is forthcoming from Town Counsel to be found on page Duly adopted by the following vote. -_ Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None DISCUSSION SUPERVISOR WALTER-Noted that this is the first mobile home park under our new ordinance and remarked how well it was presented. MIKE O'CONNOR-Thanked the Board members for their work for the last two years and stated that they have come up with a good working ordinance. RESOLUTION OF REQUEST RESOLUTION NO.291, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that the Town Board hereby requests the Queensbury Highway Superintendent Mr. Paul Naylor to meet with the committee of residents of Luzerne Mountain Road area with the goal of reaching an agreement that is acceptable to all regarding snow removal on Luzerne Mountain Road and the possible re-opening of that road. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None 3�8= COMMUNICATIONS Petition presented by the residents of West Mountain regarding the closing of the Luzerne Road on file. Petition regarding Public Park on Round Pond presented to Town Board and turned over to Town Counsel. COUNCILMAN KUROSAKA-Noted that there was no dollar sign on the petition. COUNCILMAN MONTESI-Asked if we were on a time table once this petition was accepted? TOWN COUNSEL-The clock started running when the petition was presented to the Town Clerk. COUNCILMAN BORGOS-Have you done any research? ._. TOWN COUNSEL-I have not completed my research on these particular petitions. RESOLUTION APPROVING LOCAL LAW #10,1986 EXCLUDING TRUCKS FROM GARRISON ROAD BETWEEN BAY ROAD AND GLEN STREET RESOLUTION NO. 292, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, The Town Board proposed Local Law to exclude trucks from Garrison Road between Bay Road and Glen Street and WHEREAS, a Public Hearing duly published in accordance with the law bJ the Town Clerk was held on November 12, 1986 at the Rueensbury Town Office Building, Bay and Haviland Roads, Rueensbury, New York at 7:30 P.M. at which time all persons interested in the subject thereof was heard, NOW, THEREFORE BE IT RESOLVED, that Local Law entitled "LOCAL LAW #10, 1986 EXCLUDING TRUCKS FROM GARRISON ROAD BETWEEN BAY ROAD AND GLEN STREET" is hereby approved and said Local Law becomes effective upon filing with the Secretary of State of New York. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter i Noes: None --a Absent: None LOCAL LAW NUMBER 10, 1986 A LOCAL LAW EXCLUDING TRUCKS FROM GARRISON ROAD BETWEEN BAY ROAD AND GLEN STREET SECTION 1. No person shall operate a truck, commercial vehicle, tractor, tractor-trailer combination, and/or truck in excess of five tons upon and over that portion of the town road described as Garrison Road between Bay Road on the East and Glen Street on the West. SECTION 2. The foregoing exclusion shall not be deemed or construed to prevent the delivery or pickup of merchandise or other property along the aforesaid portion of Garrison Road. SECTION 3. A violation of this Local Law shall constitute an offense and shall be punishable by a fine of not more than $50.00. SECTION 4. Effective Date. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. COMMUNICATION Ltr. from Betty Eggleston, requesting permission to attend a seminar on tax collecting. RESOLUTION TO ATTEND SEMINAR RESOLUTION NO. 293, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos RESOLVED, that permission is hereby granted to Betty Eggleston to attend a seminar on Tax Collecting to be held on November 20th, 1986 at 7:00 P.M. at the Warren County Municipal Center. RESOLVED that the Town Board authorizes payment of all reasonable and necessary expenses. Duly adopted by the following vote. Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:None Ltr. regarding a raise requested by the election inspectors...on file. REPORTS Town Clerk and Building & Code Enforcement Report for October, 1986 on file. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO.294, Introduced by Mr. Stephen Borgos, who moved for its adoption, seconded by Mr. George Kurosaka RESOLVED, that Audit of Bills as appears on October 14, 1986, Abstract and numbered 3017-3379 and totaling $325,024.48 be and hereby approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None i ON MOTION THE MEETING WAS ADJOURNED RESPECTFULLY SUBMITTED DARLEEN DOUGHER,TOWN CLERK