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1984-05-22 TOWN BOARD MEETING 149 MAY 22, 1984 r TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. Daniel Olson-Councilman it Dr. Charles Eisenhart-Councilman Mr. Daniel Morrell-Councilman Mrs. Betty Monahan-Councilman Mr. Wilson Mathias-Town Counsel PLEDGE OF ALLEGIANCE- Led by Councilman Eisenhart PRESS: G.F. Post Star, WBZA GUESTS: Mr. George Stec, Mrs. Bott, Mrs. Tyminski, Concerned Citizens against pornographic materials, Mr. & Mrs. Reed TOWN OFFICIALS: Mr. Paul Naylor, Mr. Thomas Flaherty, Mr. Mack Dean, Mr. Richard Bolton -------------- MEETING OPENED 7:35 P.M. PUBLIC HEARING MOBILE HOME APPLICATION- Clifford and Lucy Reed of Ogden Road- 1978 Champion Double Wide- owner of property Clifford and Lucy Reed- Location-Ogden Road Hearing Opened 7:35 P.M. The Reed's were present for the meeting. Notice Shown. Supervisor Walter- Asked for comments from the public in regard to the mobile home application of Clifford and Lucy Reed? Councilman Olson- This Mobile Home is already in place but was listed on the Assessment Roll as a home, not a Mobile Home. Supervisor Walter- This problem has existed for some time. What we are doing this evening is to get this out of a family dwelling situation. Asked for comments... Councilman Olson- I looked at the location myself, they have done a nice job on it... Supervisor Walter- No one from the public spoke during the Public Hearing. Hearing Closed 7:39 P.M. PUBLIC HEARING PROPOSED LOCAL LAW- PROHIBITING DISPLAY TO MINORS OF OBSCENE MATERIAL Notice Shown-Hearing Opened 7:39 P.M. -Mr. Joseph DeLong-427 Ridge Road-My self, along with many other Christians in the community have a petition that we would like to present to the Board with names and signatures in support of Mr. Mathias measure, in support of the law. I would like to read this to you. "We, the undersigned, represent Christian Churches in the Greater Glens Falls, Hudson Falls, Ft. Edward, and Queensbury communities and are voicing our support for a proposed law (a measure drafted by Mr Wilson Mathias) restricting access to pornographic adult magazines and reading materials to youth and minors in local stores throughout the greater Glens Falls area. WHEREAS, we, the undersigned, find these materials immoral, perverse, and lacivious, contributing to the decay and decline of Christian Family life and Christian values as ordained by God; and WHEREAS, we the undersigned, believe that these materials give way to and promote pre-marital and extra-marital sex, sexual experimentation among youth, and suggest social approval of immoral sexual activity; and WHEREAS, we, the undersigned, find these materials are an abomination to what God has ordained as holy and honorable, not to be defiled; Therefore, we, the undersigned, strongly suggest and urge the Queensbury Town Board's"passage of the proposed law which will require shopkeepers to keep said materials out of the reach of and prevent easy access to youth and/or minors. We the undersigned, respectfully submit this petition calling for your acknowledgement of our request and support of this law. Thank you very much for your thoughtful consideration. (petition on file) v v Supervisor Walter- The sale of pornographic materials to minors is taken calve or under .. the State Penal Law. (- (Local Law Read) « Unknown- Questioned what the penalties would be for the display of obscene materials, and also questioned why this would be a misdemeanor? Town Counsel-Spoke on the penalties of less than a Hundred Dollars and a specified time in jail ... in Town Law you have problems creating criminal statute§ because that is really the function of State Legislature, most of the time when.the Town Board enacts' a local law, We make it a violation... Councilman Olson- Questioned when would this Local Law become effective? i Town Clerk- We send out the law, certified mail, return receipt, when I receive the return receipt, I feel that the Secretary of State has it in his possession. This process should be completed in approximately five days. Pastor Wiseman- Can a citizens tell the drug store or whatever that they are in violation. Who will enforce the law? Town Counsel- The Sheriff's Dept. would be responsible for it, to enforce it. The Counsel, or Town Attorney would be prosecuting a violation of this local law. Pastor Wiseman- Then a citizens could draw this to the Sheriff's attention? Councilman Eisenhart- That is the way it would work. Councilman Olson- I would suggest that the Town send a copy of this local law to the local news agency. Town Counsel- As a practical matter, I can tell you, that their counsel has requested a copy of the proposed law and they have a copy. Councilman Olson- When their magazines go out of there, they can put in the orders a letter or note that there is a law in the Town of Queensbury, as of this date you cannot display certain magazines, putting the news-stand person on notice. Peter Whitten-Resident of Glens Falls- I applaud the Board for taking the stand that _ you have and hopefully providing a leadership roll for this area. Does this law also cover other printed promotional materials such as record albums? I would suggest from just the one small segment that I saw this morning, and albums that I saw at the mall, that you will find a fair number of those fall into a category that is far more onerous and offensive then many of the magazines which will also fall under this local law. Councilman Monahan- I would think that would be covered by the word "picture". Town Counsel-I think an album cover is a picture. Pastor of the Faith Tabernacle Baptist Church-We are asking to make a law so it is a criminal offense because we have seen the destruction of minds, have seen the effect it has had on the community. We are concerned about holding the moral standards and lifting them to make this a better place to live. These types of things, to my experience, after thirty three years with the community service program, can cause unwanted pregnancy, can cause use of narcotics, and cause the spread of disease, can cause a back load of work on the Police Force trying to enforce this. These things can cause a backload in Court and these things can cause added expenses to the City. We are fighting to make it a criminal offense to those who display or sell to our youths, and by so doing...we cannot sit still and keep our mouths shut, the child that you save might be your own. Carol -Granville, N.Y. ...all my piers are being affected by this. Many of you know, your children are growing up in this generation. It is filth...my friends are going underneath this. It is a dark covering over their eyes. They do not realize it. They cannot see what is happening to them. I see parents today letting their children run around and not keeping an eye on them. Back when I was a little kid, paren&had the authority over the children... Now the children have the authority over the parents. It will take more than one person for this law to work. We have got to work together...do something... Councilman Eisenhart- I think it should be clarified that this particular law prohibits people allowing these things to be displayed in a place where youngsters can get ahold of them. I think the sale to minors is covered by State Law. Supervisor Walter- As a Town Board we are also dealing with the issue within the confines of the Town of Queensbury. There are a lot of other Towns that sell this kind of material and display it. We cannot do a thing about that. We are trying to handle the situation within tht:� T,k�fn, ,Vhicl:: eve h:ive an ohlin-zi ion to do. Councilman Olson- I have a strong feeling that with this size group that�is 151 and just for the Town of g P herd tonight Queensbury Law, and we act favorably with this p'ppoakthis evening, and you people send your petitions and make your words known to the Councilmen and Mayor of the City of Glens Falls, they would also sit down and talk with you. ;Cfnte you get one community, I have talked to the Board before on the possibility of a County wide law. Reverend Perry-Pastor, Methodist Church, Queensbury- 27 BuenaVista Avenue-I cannot recall in the reading of the law if this was covered, one of the things that I recall, not only as a Child but as an adult living in the Town of Queensbury, was getting my hair cut in the Barber Shop. This is where this material is readily available, not for sale but for purview. Does this law prevent this being out on the stands w1th all the other reading material. Supervisor Walter- Section 1 indicates, that "No person within the Town of Queensbury shall display at stores, drug stores, newstands, or any other business establishment frequented by minors" I think that, that covers it, there again that would be something that an individual would have to report. Mr. Kelly-Ridge Road-I have been reading this over, there seems to be a loop hole here where it says that Children or Minors frequent or go into. in my mind that tells me that if someone puts up a sign no minors allowed to be displayed on the door, he could get away with anything. Supervisor Walter- We are dealing with minors this evening. Councilman Eisenhart- Where it says minors are or may be invited, so unless they want to patrol there, to make sure that nobody under seventeen gets in, then they are in violation, I would think. Pastor of the Faith Tabernacle Baptist Church-One effect that this can have is displaying it in their places, it will be saying to the youths it is all right, we endorse it, we are permitting it, there is nothing wrong with it, we cannot afford to let our children think that we are promoting it. That is why I feel some kind of restrictions need to be placed on displaying these things, they think it is all right because we are accepting it, but we are not accepting it. Linda Dickinson-Bay Road-What about another law on the book entitled "endangering the welfare of a minor". We have a law already which is to protect our children and it is not, then how are we to put another one on the books without taking that one off. I feel that this does endanger the welfare of minors, if that is already a law, enforce it. Town Counsel-I think, endangering the welfare of a minor is a criminal offense...it is really something outside of the scope of what this Town Board can do. I think that one of the reasons of this type of legislation, is because that particular criminal section is not effective in this area. One of the reasons that we made this so specific in the terms of the conduct being described, is to meet what the court tests have said you have to do, to have an enforceable law. That is what we are trying to do on the local level. The point that you bring up, I do not know of any successful prosecution under that kind of a theory for display of pornography. Again, in a sense you could call it a loop hole but certainly a gap in the state statutory scheme and something that this Town Board is attempting to address. Pastor of the Faith Tabernacle Baptist Church-Requested the Town Board's support in protecting the youth of the community. Councilman Eisenhart- I am encouraged with the size of the crowd that showed up on a subject that is very worthwhile. Councilman Olson- We had a good turnout when we had a local law to ban headshops. That has been very sucessful. Since we passed it, we have had no problems. It is common knowledge is this area that there is nothing of that type of equipment for sale in the Town of Queensbury. Barbara Kennedy- Ridge Road- I applaud this Board, and especially the men in the audience, because when I approached the store owners about this material, I was accused of having a problem because I am a women. I would just like to say, because there are so many men in the audience does say something about the community, that it is a problem that addresses our youth that addresses our families, it is husbands and father3 ar ; ee this problem and want it stopfed. 1�2 , UNKNOWN- Four years ago I went to Price Chopper and told them that unless the' `16ok their PlayGirl and that type of magazine out I would not trade there, the manager said, "well, you will just have to cease to trade". I went to Ray Supply and spent over Five Hundred Dollars at Rays, I will not patronize the place any more since they placed a PlayGirl advertisement in the newspaper. If we take our stand we have a vice. Supervisor Walter- Asked for further comments, hearing none the public hearing was closed. 8:09 P.M. PUBLIC HEARING PROPOSED LOCAL LAW-NO PARKING ON PORTION OF TOWN ROAD BETWEEN GLEN LAKE AND GLEN LAKE ROAD —' Notice Shown hearing Opened 8:09 P.M. Supervisor Walter-This is a proposal for No parking on Town land Section 38, Block 4, Lot 1 which is off the Glen Lake Road. The Town owns this property, it is access to the Lake. The purpose of making a No parking Zone is to make it readily accessible to any of our residents who wish to use it. The Town has no further designs other than to mow the lawn and provide access to the Lake. There are no grandios plans for boat- launches at these sites or what ever. It will be a grass area much as it is now, however we feel that there have been vehicles parked there and it discourages residents from using the lot itself to get to the lake. Town Counsel- Explained the section of property that will be left for parking... (Proposed Local Law Read) Nancy Quilinan- Noted that her grandfather had given the property to the Town for people to use as access to the Lake. Questioned the maintenance to the property such as who will pick up the rubbish ect. at the area? Noted that she was in favor of the property being opened for access to the Lake. Supervisor Walter- Noted that property would be looked after by the Recreation Dept. Hearing Closed 8:19 P.M. RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 119, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that the Town Board Minutes of 5-8-1984 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: Nones Absent: None RESOLUTION TO APPROVE BINGO LICENSE RESOLUTION NO. 120, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that Bingo License No. 17040 be and hereby is approved allowing V.F.W. Post 6196 to hold Bingo occasions form May 29, through November 6, 1984. Duly adopted by the following vote: s Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None 153 RESOLUTION TO AUTHORIZE SUPERVISOR TO EXECUTE AGREEM$Nl WITH CITY OF GLENS FALLS ,. RESOLUTION NO. 121 , Introduced by Mr. Daniel Morrell who moved for its add ptitn, seconded by Dr. Charles Eisenhart: WHEREAS, the sanitary sewer system of the Pershing-Ashley-CoolidgevSewer District within the Town of Queensbury is connected to the sanitary sewer system of the City of Glens Falls for the purpose of the treatment and disposal of sewage waste generated within the Pershing-Ashley-Coolidge Sewer District,and WHEREAS, the City of Glens Falls and the Town Board of the Town of Queensbury, acting for and on behalf of the Pershing-Ashley-Coolidge Sewer District, have herein before entered into a contractual agreement for the service provided by the City of Glens Falls in treating and disposing of the sewage waste generated by the Pershing-Ashley-Coolidge Sewer District, and WHEREAS, the last agreement between the City of Glens Falls and the Town Board of the Town of Queensbury, acting for and on behalf of the Pershing-Ashley-Coolidge Sewer District, has expired, and WHEREAS, a new proposed 3 year contractual agreement has been negotiated between the City of Glens Falls and the Town Board of the Town of Queensbury, which proposed agreement is annexed hereto as Exhibit "A", and WHEREAS, a review of said agreement discloses the proposed agreement to be fair and equitable in all respects, and WHEREAS, it appears beyond question that it is in the best interest of the Pershing-Ashley-Coolidge Sewer District to enter into the proposed written agreement with the City of Glens Falls for the treatment and disposal of sewage waste generated within the district, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, acting for and on behalf of the Pershing-Ashley-Coolidge Sewer District, approve on behalf of the said sewer district the proposed contract annexed hereto in the present form thereof, and be it further RESOLVED, that the Supervisor of the Town of Queensbury be authorized and directed on behalf of said sewer district to execute said agreement and that the sewer district be bound by the terms and conditions of the agreement upon execution thereof by the Supervisor and on behalf of the sewer district. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Absent RESOLUTION TO APPROVE PURCHASE OF FIRE APPARATII FOR SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY RESOLUTION NO-122 , Introduced by Mr. Daniel Olson , who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, the Town of Queensbury contract with the South Queensbury Volunteer Fire Company (Section 5) requires that the Town Board review any purchase of equipment by that Fire Company, and WHEREAS, the purchase of the new equipment has been recommended by the Queensbury Fire Study Committee, and WHEREAS, the Queensbury Town Board has conferred with South Queensbury Fire Company officials and reviewed the specifications as required, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board approves the purchase of new fire apparatus from Quality Manufacturing, Inc., Talladega, Alabama. lv4 Duly adopted by the following vote: r.^r r. c Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Councilman Eisenhart-So. Queensbury needed another fire truck and this was discussed with the Fire Study Committee. STATUTORY INSTALLMENT BOND RESOLUTION RESOLUTION NO. 123, Introduced by Mr. Daniel Olson who moved for its adoption, seconded a by Dr. Charles Eisenhart: WHEREAS, the Town Board of the Town of Queensbury, New York, by a resolution duly adopted on the 25th day of November, 1980, authorized the purchase of a certain highway loader, and WHEREAS, by a resolution duly adopted on the 26th day of August, 1981, authorized the creation and funding of the Sherman Avenue Water District, and WHEREAS, by a resolution duly adopted on the 8th day of September, 1981, authorized the funding of a certain highway grader, and WHEREAS, by a resolution duly adopted on the 8th day of September, 1981, authorized the purchase of a certain excavator for the Town of Queensbury Water Department, and WHEREAS, by a resolution duly adopted on the 28th day of September, 1982, authorized the purchase of certain telephone system equipment for installment at the Town of Queensbury Office Buildings, and WHEREAS, by a resolution duly adopted on the 14th day of February, 1984, authorized the purchase of a certain backhoe for the Cemetery Department, and WHEREAS, by a resolution duly adopted on the 27th day of March, 1984, authorized the purchase of a certain highway paver, NOW, THEREFORE BE IT RESOLVED: 1. The specific object or purpose for which obligations are to be issued pursuant to this resolution is to finance the sums remaining due for the purchase of the said highway grader, highway loader, telephone system, and construction costs for the said Sherman Avenue Water District, and to finance the purchase of the said backhoe and highway paver. 2. The maximum costs and/or sums remaining for the aforesaid machinery and /or project is as follows: Highway grader-$15,000.00 Highway loader-$12,000.00 Sherman Avenue Water District-$20,000.00 Excavator-$12,000.00 Telephone System-$12,000.00 Backhoe-$14,761.00 Highway Paver-$117,900.00 The total sum of $203,661.00 is to be provided by the issuance of a statutory installment bond in that amount pursuant to this resolution. 3. The following determinations are hereby made: A. The period of probable usefulness of such highway grader, highway loader, excavator, telephone system, and backhoe is 5 years; and the period of probable usefulness of such highway paver is 15 years; and the period of probable usefulness of such Sherman Avenue Water District is 15 years. B.The subdivision of Paragraph A of Section 11.00 of the Local Finance Law which is applicable in the circumstances is as follows: Highway grader-Section 28 Highway loader-Section 28 Sherman Avenue Water District-Section 1 Excavator-Section 1 Telephone system-Section 32 Backhoe-Section 32 Paver-Section 28 C.The proposed maturity of the obligation authorized by this resolution will not be in excess of 5 years. 155 4. That the Town of Queensbury issue its statutory installment bond in the amount of $203,661.00 to finance such cost in accordance with the financial plan set forth;llb*ve. Such bond shall be dated approximately May 31, 1984 and the power to fix and determine the exact date of such bond is hereby delegated to the Supervisor. 5. Such bond shall be in the amount of $203,661.00 and shall mature ttfe 31st. day of May, 1989 and shall be paid in the following manner: $71,661.00-principal-plus interest-due May 31, 1985 $49,000.00-principal-plus interest-due May 31, 1986. $33,000.00-principal-plus interest-due May 31„ 1987 $25,000.00-principal-plus interest-dupe May 31, 1988 $25,000.00-principal-plus interest-due May 31, 1989 ' The power to determine the date upon which installments of principal and of interest shall become due and payable is hereby delegated to the Supervisor. The bond shall be issued in registered form and shall bear interest in accordance with Section 63.00(b) of the Local Finance Law. Interest will not be paid on any installment of principal, or of interest, after the due date thereof. Both the installments of principal and interest on this bond will be evidenced by notation on the bond at the time of the payment. The bond shall be in substantially the form set forth in Schedule A hereof. 6. The Supervisor is hereby delegated the power to prepare such bond and to sell such bond at private sale at not less than par and accured interest, and at such sale to fix the interest to be borne by such bond within the limitations as set forth in this resolution. The Supervisor shall deliver such bond to the purchaser thereof only against cash or a certified check. The proceeds of sale of the bond shall be deposited in a special bank account as required by Section 165.00 of the Local Finance Law. The powers delegated to the Supervisor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 7. This resolution shall take effect immediately. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Supervisor Walter-The Town of Queensbury in the past six months or so has done some unusual kinds of transactions as far as financing is concerned. In November of last year municipalties were allowed to lease equipment, we have tried that and find it is working very well. We have always been able to issue statutory installment bonds rather than a bond anticipation note, however we have never done it in the town. Now, what we are trying to do, each of these items need to be paid off and what we normally would be doing would be coming at various times at a Town Board Meeting to have approval for Bond Anticipation Notes. We are putting it all together, it saves a lot of wear and tear on our bookkeeper and a lot of times when these notes become due there is not a Board Meeting for two or three weeks and we are finding it difficult, because quotes are only good for a certain amount of days. We feel we will be much further ahead of the game by putting all of our indebtedness together, taking out one statutory installment bond, knowing what the interest will be for the next five years. This is where the benefits will come, in that is, we will know exactly what the interest rates will be. As the fiscal officer here, I feel that we will be looking around election time or after, the interest rates will probably be increasing, therefore I will put it all together and have the statutory bond for five years and know what our interest rates are, and be able to pay off. I feel we will be ahead of the game. Town Clerk-Does this Bond have to be published in the newspaper? Town Counsel- This type of Bond does not have to be published in the newspaper. RESOLUTION TO SET PUBLIC HEARING ON FLOOD DAMAGE PREVENTION LOCAL LAW RESOLUTION NO. 124, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, the Town Board of the Town of Queensbury finds that in order to minimize public and private losses due to flood conditions in certain areas of the Town of Queensbury and to assure the availability of grants, loans and guarantees made by such federal agencies as the Small Business Administration, Federal Housing Administration and Veteran's Administration in certain areas of the Town a Flood Damage Prevention Local Law is necessary, and 156 WHEREAS, a proposed Local Law entitled Flood Damage Prevention Local l4a%'0r a-k-opy of which is hereto annexed, has been prepared, and " WHEREAS, the proposed Local Law is worthy of consideration for legislative action, NOW, THEREFORE,BE IT RESOLVED, that a public hearing be held concerning the proposed adoption of said Local Law and that said public hearing be held at 7:30 P.M. in the Meeting Room of the Town of Queensbury Office Building, Bay & Haviland Rds. in the Town of Queensbury, Warren County, New York on the 12th day of June, 1984 at which all persQhs interested in the subject thereof will be heard, and it is further RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provide notice of said public hearing as may be required by law. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter —� Noes: None Absent:None Supervisor Walter-This comes from the Federal Government, Federal Emergency Management Agency, who have worked in the various States. They have done an inventory of the lands of the Town of Queensbury, we have received the maps and have been reviewed by our Planning Board as to whether they have identified the areas of the flood plains properly. Most of this deals with the Zoning Administrator. Town Counsel- The Federal Regulations require that we have a Local Law in order that for certain areas to be designated flood plains parts of Halfway Brook in the Town of Queensbury would be eligible for mortgages ... Councilman Olson- Were the maps reviewed closely to make sure they have not got areas included that are not necessary? Mr. Dean-We have totally reviewed the map. RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF RECIPROCAL EASEMENTS -- RESOLUTION NO. 125, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Niagara Mohawk Power Corporation has been conducting extensive research, planning, and investigation for a certain construction project at its Sherman Island Hydro Facility, and WHEREAS, the Town of Queensbury is presently the owner of certain adjoining lands that would be suitable for a service road to be used in connection with the said Niagara Mohawk facility, and WHEREAS, the Town Board of the Town of Queensbury and Niagara Mohawk Power Corporation have concluded extensive negotiations regarding the reciprocal use of certain lands owned by Niagara Mohawk Power Corporation and the Town of Queensbury,and WHEREAS, Wilson S. Mathias, Counsel to the Board, has reviewed a proposed Easement Agreement, a copy of which is annexed hereto, regarding the use and control of the proposed service road upon certain lands owned by the Town of Queensbury, and a proposed Easement Agreement, a copy of which is annexed hereto, regarding the use for Town of Queensbury storage purposes upon certain lands owned by Niagara Mohawk Power Corporation, and WHEREAS, it would serve a legitimate Town purpose to enter into the aforesaid Easement Agreements, and WHEREAS, the terms and conditions set forth in the Easement Agreements appear to be reasonable, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury enter into written Easement Agreements with Niagara Mohawk Power Corporation under the terms and conditions of the proposed Agreements annexed hereto, and be it further 157 RESOLVED, that Frances J. Walter, Supervisor, be authorized and empowei*d jo execute said Easement Agreements on behalf of the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Supervisor Walter- Niagara Mohawk is doing renovations at their dam. They are looking for a way to get into that construction and it goes right by our Water Plant. They will be giving us easements to their lands for storage area that we would be losing. They will be constructing a paved road to the water. Mr. Flaherty-Water Supt.-They want to run a road down the northern boundary of our property. We have used this property for storage. We will trade them an acre of land `— for an area of land. The road will be a permanent easement for Niagara Mohawk. It will serve a purpose for us. It will allow us to get truck loads of pipe in the back of our storage area without coming in the front of our building and negotiating a couple of curves. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 126 , Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, Clifford & Lucy A. Reed 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 at property situated Ogden Road, and WHEREAS, this Town Board has conducted a public hearing in connection with said application and has heard all persons desiring to be heard in favor of or against said application, and WHEREAS, it is hereby determined that the facts presented in said application and at said public hearing are sufficient to authorize the issuance of the permit r (juested by said application, NOW, THEREFORE BE IT RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Clifford & Lucy A. Reed to locate a mobile home at property situated at Ogden Road 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. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO APPROVE LOCAL LAW PROHIBITING DISPLAY TO MINORS OF OBSCENE MATERIAL RESOLUTION NO. 127, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, concerned residents of the Town of Queensbury approached the Board with their concern for the welfare of the Minors of the Community having access to obscene materials at Town Businesses, and i WHEREAS, a public hearing duly published in accordance with the law by the Town Clerk, was held on May 22, 1984 at 7:30 P.M. at the Queensbury Town Office Building at which all persons were heard both in favor of and opposed to said law, NOW, THEREFORE BE IT RESOLVED, that a local law entitled "A Local Law Prohibiting display to Minors of Obscene Material" is hereby approved and said local law becomes effective upon filing with the Secretary of State of New York. (complete text to follow) X58 Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None ` Absent: None OBSCENE MATERIAL LOCAL LAW NO. 3, 1984 A LOCAL LAW PROHIBITING DISPLAY TO MINORS OF OBSCENE MATERIAL Be it enacted by the Town Board of the Town of Queensbury as follows: SECTION 1. No person within the Town of Queensbury shall display at stores, drug stores, newstands, or any other business establishment frequented by minors or where said minors are or may be invited as a part of the general public any magazine, picture, photograph, book, pocket book, pamphlet or calendar, the cover or content of which depicts or describes nudity, sexual conduct, sexual excitement, or sado-masochistic abuse and which shall be harmful to minors. SECTION 2. The following definitions are applicable to Section 1 of this Local Law: a. "Minor" means any person less than seventeen years old. b. "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernably turgid state. c. "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast. d. "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal. e. "Sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. f. "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when it: (1) Considered as a whole, appeals to the prurient interest in sex of minors; and (2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (3) Considered as a whole, lacks serious literary, artistic, political and scientific value for minors. SECTION 3. Penalty: A person who violates any provision of this article is guilty of a misdemeanor. SECTION 4. Effective date: This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. RESOLUTION APPROVING LOCAL LAW TO ESTABLISH A NO PARKING REGULATIONS ON PORTION OF TOWN ROAD BETWEEN GLEN LAKE ROAD AND GLEN LAKE RESOLUTION NO. 128, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury wishes to have access to Glen Lake for Residents of Queensbury on Town owned property and WHEREAS, a public hearing duly published in accordance with the law by the Town Clerk, was held on May 22, 1984 at 7:30 P.M. at the Queensbury Town Office Bulding at which all persons were heard both in favor of and opposed to said law, NOW, THEREFORE BE IT 159 RESOLVED, that a local law entitled "A Local Law establishing No Parking,Regulations on portion of Town Road between Glen Lake Road and Glen Lake and designated oh the Town of Queensbury Tax Map in Section 38, Block 4, Lot 1" is hereby approved and said local law becomes effective upon filing with the Secretary of State of New York. (complete text to follow). Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: -None LOCAL LAW NO. 4, 1984 A LOCAL LAW ESTABLISHING NO-PARKING REGULATIONS ON PORTION OF TOWN ROAD BETWEEN GLEN LAKE ROAD AND GLEN LAKE AND DESIGNATED ON THE TOWN OF QUEENSBURY TAX MAP IN SECTION 38, BLOCK 4, LOT 1 Be it enacted by the Town Board of the Town of Queensbury as follows: Local Law SECTION 1. For the purpose of this kka", the words "vehicle", "owner", "parked", "standing" shall have the meaning defined in the Vehicle and Traffic Law of the State of New York. SECTION 2. Except as provided for the Section 3 hereof, no vehicle shall be parked or left standing on that portion of the Town Road between Glen Lake Road and Glen Lake and more particularly described on the Town of Queensbury Tax Map in Section 38, Block 4, Lot 1. SECTION 3. Parking on said Town Road shall be permitted at the following location: Beginning at the northeast boundary of said unnamed Town Road designated as Section 38, Block 4, Lot 1 and running thence in a westerly direction along the boundary of the Glen Lake Road for 20 feet to a point; running thence 20 feet in a southerly direction and generally parallel to the easterly boundary of said unnamed Town Road to a point; running thence in an easterly direction generally parallel to the aforesaid named Glen Lake Road 20 feet to a point in the easterly boundary of said unnamed road; running -- thence north 20 feet along the easterly boundary of said unnamed Town road to the point or place of beginning. Parking in the aforesaid designated area shall be permitted between the hours of 9:00 A.M. and 9:00 P.M. inclusive. Ioml Law SECTION 4. Any person violating any provision of Section 2 or Section 3 of this Qgi1jfteft%e shall upon conviction be punishable for a first offense by a fine not to exceed $25.00, and for a second offense by a fine not to exceed $50.00. In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper action, suit or proceeding to prevent, restrain, correct or abate any violation of this Local Law. SECTION 5. This Local Law shall take effect immediately upon filing thereof in the office of the Secretary of State. COMMUNICATIONS -Active List- West Glens Falls Fire Co. (on file) -Mobile Home Application of Curtis and Cynthia Haak of Elm Street Hudson Falls to locate a mobile home on Dawn Road. The Haak's are present. Supervisor Walter- Questioned the Haak's, who will own the land that the mobile home will be placed on. Mrs. Haak- The land belongs to my father, we are buying the property from him. Councilman Eisenhart- Requested that the Haak's, tie night of the hearing, bring in a statement of sale. Councilman Olson- Requested that the Haak's stake out on the property where the mobile home will be placed. 16� � v RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 129 , Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, Curtis R. & Cynthia A. Haak have made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury entitled ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside at property situated at Dawn Road, and WHEREAS, it is hereby determined that said application complies with the requirements of said ordinance, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to justify further consideration by this board, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, the Town Board shall conduct a public hearing on said application on June 12, 1984, at 7:30 P.M. in the Queensbury Town Office Building, Bay Road, and that the Town Clerk is hereby authorized and directed to give proper notice of said public hearing in accordance with the provisions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None -Mobile Home Application of the Community Workshop Inc. of 36 Everts Avenue, to locate a mobile home on 36 Everts Avenue. Custom Classroom Model 1984... Councilman Eisenhart- Will this have toilets in it? Mr. Ziminski-Executive Director of the Community Workshop-This will be used for classrooms it will have restroom facilities. Supervisor Walter- This would be a temporary permit for one year. Mr. Ziminski-It is for a trial work study program through BOCES. We will participate for one year, probably two years. Councilman Olson-Is the program related to your program. Mr. Ziminski-Yes it is. Councilman Eisenhart- Is the septic system adequate to take the additional usage? Mr. Dick Jones- Architect-Noted that the system was large enough to handle the additional growth. Councilman Eisenhart-Mr. Dean, are you satisified that the septic system can handle the extra personnel? Mr. Dean- Yes. RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION NO. 130 , Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, Community Workshop, Inc. of 36 Everts Avenue, Queensbury has made application 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 t mobile home outside of a duly licensed mobile home court at property situated 36 Everts Avenue, Queensbury, and 161 , v 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, Now,therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, temporary permission is hereby given to Community Workshop Inc. of 36 Everts Avenue, Queensbury to locate a mobile home outside of a licensed mobile home court for a period of one year at property situated at 36 Everts .Avenue, 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. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Councilman Eisenhart- Recommended that the Polling Place for District #18 be changed from the West Glens Falls Fire House to the West Mountain Community Chapel. RESOLUTION TO CHANGE POLLING PLACE RESOLUTION NO. 131, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, Town of Queensbury Election District Number 18, has been located at the West Glens Falls Volunteer Fire House, and WHEREAS, this location has become crowded and inconvenient to the residents of the 18th District, and WHEREAS, the West Mountain Community Chapel has agreed to accommodate the residents of the community and house said District 18 at the Chapel on Butler Pond Road, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby designates the West Mountain Community Chapel as the official Polling Place for District 18 of the Town of Queensbury, and be it further RESOLVED, that a certified copy of this resolution be sent to the Warren County Board of Elections. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Councilman Olson-Noted that there needs to be a better location for District #13. Councilman Eisenhart-Noted that he had looked for another location for that District but as of this date had not found one...would look further... Supervisor Walter-Regarding the light to be placed at Western Avenue, Niagara Mohawk told the Supervisor's Office that they did not receive a request for a light at Western Avenue. Town Clerk-The notification was sent out to Niagara Mohawk immediately after the resolution was passed by the Town Board. ' Supervisor Walter-Noted that another resolution has been sent out and they will be placing the light. I have had another request for a Street Light on the corner of West Mountain Road and Pitcher Road. Councilman Morrell-Suggested that a light be placed at Veterans and Sherman Avenue. Councilman Monahan-Reporting on the Recreation Meeting-The Summer Brouchures will be available soon. They will be placed at the Queensbury School, St. Mary's and for the first time at the Lake George School. Several new programs will be available for the children this year. 162 OPEN FORUM ; r` 9:15 P.M. Sandra Jarvis-Big Boom Road-Complained about the large gathering of people on Big` Boom Road to watch the 4 Wheelers race on the property owned by Mr. DeSantis...questioned if there was anything that could be done to help the residents of the area... I Supervisor Walter-I can tell you it is not a Town problem, the Town problem'is that it affects residents who live in the Town. I spoke with Mr. DeSantis, several days ago. Mr. DeSantis who owns the property there gave permission for people to use,,it. I do not think that the time he foresaw what was going to happen and how many people were going to use it. After receiving your letter I spoke with Mr. DeSantis several times, I have also talked with the Sheriff's Dept. This is the way it stands. Mr. DeSantis indicated that he would post his property for no trespassing, that is the key that the Sheriff's Dept. needs to make any arrests. Mrs. Jarvis- Noted that in one afternoon they counted one hundred and twenty six cars in the area, noted that one child has been hit by a vehicle and there have been several accidents... Mr. DeSantis's intentions have been sincere but his efforts have not been enough, I have waited three weeks for him to do something. Supervisor Walter- I have done some research on this and there is not too much we can do. It is a public road. We can limit the weight on it, we can request a lower speed limit from the State. When I spoke to Mr. DeSantis he was not aware of the extent of the problem, he does not live in the Town. He said tie would want to cooperate and we talked about posting his property. Unless he posts his land and lets the Sheriff's Dept. know by written communication that it is posted, and he will not allow trespassing they would have nothing to arrest those people for except for other violations. The undersheriff indicated that he needs these tools for his men to work with. Mrs. Jarvis- Questioned if Mr. DeSantis was in violation of some ordinance... Mr. Jarvis- Noted that the individuals that first were given permission to use the property are no longer doing so. Supervisor Walter- Suggested that the Town Board request a lower Speed limit on Big Boom Road. We will also request more patrols in the area, on the Saturday's and Sundays. Mr. Jarvis- Requested that the Board look into a law to prevent this from happening in other areas of the Town. Mr. Jarvis- Complained about the excessive speed use on the street. Mr. Wolfe- The problem seems to be the spectators viewing the three wheelers. Ms. Alice Hayes- Big Boom Road- There is no legislation on the books that prohibits a resident of any area of Queensbury from having a continuous group of people, all day Saturday and all day Sunday. Seventy five to a Hundred, disturbing all the neighbors. Town Counsel- When you get to a point where you can show that there is disorderly conduct or something like that. Supervisor Walter- We are not aware of any legislation that covers...I think that the Board will try and address the problem, but I think the point we are trying to make is that we do not have a law to cover all problems... Councilman Monahan-When the land is posted then we will have something to go on. We first should wait and see if Mr. DeSantis will post his property... Councilman Olson- By the time we have our next board meeting we will know whether it has been posted or not. Mr. Craig Hanchett- Big Bay Road-Noted that he uses the Boat launch on Big Boom Road --� and a lot of times in the Spring you cannot get on the road because of the three wheelers... Supervisor Walter- I think it is the consensus of the Board to alleviate the problem. We will have to deal with what ever mechanism we have available to us, we are not going to ignore it. Mr. Dean- Noted that the Zoning Law would be effective if Mr. DeSantis was using his property in a commercial way... 163 Councilman Monahan- We are trying to do something, number one we area applying to DOT to reduce the speed limit, number two, we are asking the Sheriff for mhrevatrols - in that area and number three, we are asking our Attorney to research what remedy's are available... . Councilman Eisenhart-- We also will remain in contact with Mr. DeSantis. Mr. Jarvis- Complained about calling the Sheriff's Dept. and he did not receive a reply. Supervisor Walter- Asked that she be given the date and time so that may be checked into. RESOLUTION REQUESTING FEASIBILITY STUDY TO REVIEW SPEED LIMIT RESOLUTION NO. 132, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, a residents of Big Boom Road have approached the Town Board over the existing speed limit on Big Boom Road, and WHEREAS, the Town Board has also expressed their concern for an area speed limit in the Big Boom Road area, NOW, THEREFORE BE IT RESOLVED, that the Town Clerk be authorized to send the proper forms to the Department of Transportation through the Warren County D.P.W. requesting that the speed limit be lowered in the above mentioned areas. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Mr. Hermance-Feld Avenue-I am complaining about a man who is using his property as a Junk Yard. He was turned down for a junk yard license. The people in the neighborhood are getting tired of it. It brings excess traffic, junk trucks are in the yard... Councilman Eisenhart- That should be investigated by the Building and Zoning Dept. Mr. Dean- I will be working on the situation. Supervisor Walter- Noted that Mr. Dean, before July 1st. will be reviewing all junk yards in the Town to see if they comply with the new Junk Yard Local Law. Mr. George Stec-Butler Pond-1 am present tonight as a Resident of the Town and as a Forest Ranger. I would like to make the 'Town aware of the growing problem of Stump dumps in the Town of Queensbury. Noted that on April 28, 1962 six hundred and forty acres burned in the Town of Queensbury. This again is a potential problem for the Town. Spoke on the number of stump dumps in the Town that are burning. There are stump dumps at Division Road, Sherman Avenue, Harold Harris Road, Fitzgerald Rd.,and East Side of Glen Lake. All these dumps have one thing in common, they not only have brush but closed containers, furniture etc. The conditions are getting ripe when it is very possible to have another W.G.F. Fire. like 1962. I am aware that the Town has an ordinance prohibiting these dumps. ENCON requires a permit for a stump dump that is in operation for more than a year...these need to be enforced... Town Counsel- There is an ordinance against dumps, there is a permit procedure in the Town...noted that the State Environmental Quality Review Act does enter into the process... Supervisor Walter- I appreciate your taking the time to come tonight. The Building Dept. does the enforcement. Requested that Mr. Stec contact the Building and Zoning Dept. and let them know of the sites that are in the Town. Mrs. Bott- Meadowbrook Road-Presented the Town Board with a petition against the widening of the road and leaving it two way...31 signatures...We feel that if you do that, you would be making the road more desirable for short cuts... Councilman Eisenhart- We have taken the trucks off the Road and we have petitions to make sure it remains a two way road because people want to use it. Mrs. Bott- We live on the road, the people against this are only concerned about their convenience. They can take Ridge Road and take the light onto Quaker. Councilman Monahan- Questioned how the trucks are on the Road? 164 Mrs. Bott- There are still some, but it has helped. Questioned the width of the Road if it was widened? We would rather have the road in terrible shape then have the road widened and make it more presentable for traffic, there is no reason to use oitr road, there is Ridge and Bay Road. We would like to see the Road one way... Councilman Morrell-Asked if their area was the one that was asking to be included in the Queensbury School Dist.? Mrs. Bott- No, that was further up Meadowbrook... Mrs. Tyminski- Requested a one way street for the safety of the children in the area. Councilman Eisenhart- We talked with the Superintendent of Highways and we went down there and the decision we came to was to widen the road and put in a walkway and make it two way. j Mrs. Bott- Questioned the sidewalk being placed on two sides, suggested that it be placed on one side of the road... Mrs. Tyminski- Noted that at the Public Hearing there were more people present for the one way Street than was against it. Councilman Eisenhart- Noted that there has been a petition accepted by the Board not in favor of a one way Street. Mr. Tyminski- Asked if the road could be made one way for a specified period of time to try it out? Supervisor Walter-What ever action the Board takes will be permanent, because otherwise it would be too confusing. We will again confer with Mr. Naylor and either stick with our decision or change it. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 133,Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that Audit of Bills as appears on Abstract No. 84-5C and number 953 and totaling $ 2986.00 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 134, Introduced by Mrs. Betty Monahan, who moved for its adoption, seconded by Dr. Eisenhart: RESOLVED, that the Town Board hereby moves into executive session to discuss personnel matters and litigation. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk, Queensbury