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1983-01-25 89 TOWN BOARD MEETING JANUARY 25 , 1983 TOWN BOARD MEMBERS MRS . FRANCES WALTER-SUPERVISOR MR. DANIEL OLSON-COUNCILMAN DR. CHARLES EISENHART-COUNCILMAN MR. DANIEL MORRELL-COUNCILMAN MRS. BETTY MONAHAN-COUNCILMAN PRESS: G. F ; POST STAR, WBZA GUESTS : MR. CANAVAN , MR. REGAN fi TOWN OFFICIALS: MR. PAUL NAYLOR, MR. MISSITA , MR. DEAN i PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MORRELL MEETING OPENED 7 : 35 P. M. PUBLIC HEARING- DOYLE REZONING-NOTICE SHOWN-MEETING OPENED 7 : 35 P. M. TO REZONE THE PROPERTIES OWNED BY MARK C. DOYLE DESCRIBED AS PROPERTY BORDERED BY QUAKER RD, GLENWOOD A\kENUE AND COUNTRY CLUB ROAD TAX MAP NO. 62-1-1 FROM UR-5 TO HC-15 SUPERVISOR WALTER- ASKED FOR COMMENTS FOR OR AGAINST THE PROPOSED REZONING. . . MR. REGAN- REPRESENTING MR. & MRS. DOYLE-BEFORE THE REZONING TOOK PLACE, THE MAJORITY OF THE PROPERTY WAS ZONED COMMERCIAL. A SMALLER PORTION OF IT ON THE NORTH SIDE WAS ZONED AS RESIDENTIAL. SINCE THE REZONING HAS TAKEN PLACE THE PROPERTY ON THE EAST SIDE ALONG WOODVALE AVENUE IS THE ONLY PROPERTY THAT WOULD HAVE AN ADJACENT RESIDENTIAL ZONING AND THAT IS NOT ACCESSABLE TO THE HIGHWAY FROM THAT SIDE BECAUSE OF THE BIKE TRAIL AND THE POWER LINES. ON THE WEST SIDE OF THE PROPERTY ALONG COUNTRY CLUB ROAD IS PLAZA COMMERCIAL AND ON THE UPPER NORTH SIDE ISA POWER LINE SUBSTATION, AS FAR AS RESIDENTIAL IS CONCERNED IT IS NOT A VERY GOOD OUTLET FOR HOMES WITH THE POWER SUB- _ STATION. ON THE SOUTH SIDE ALONG QUAKER ROAD� THAT IS ALL HIGHWAY COMMERCIAL AND A PORTION OF THE PROPERTYJTHE PIE PIECE OF OVER AN ACRE ON THE SOUTHEAST SIBS A PART OF THE PARCEL OF SIXTY GLENWOOD AVENUE IS ZONED IN THE NEW REZONIING COMMERCIAL A PART OF THE SIXTY GLENWOOD AVNEUE. IT ONLY LEAVES A PORTION OF GLENWOOD AVENUE ON SIXTY GLENWOOD AVENUE= IS BORDERED BY HIGHWAY COMMERICAL . TN THE'-LAST TFRREE YEARS!-:THAT THEY HAVE OFFERED THIS FOR SALE THE ONLY INTEREST HAS BEEN SHOWN IN THE PROPERTY IS COMMERCIAL USE OF SOME SORT, THERE HAS BEEN NO ONE THAT HAS LOOKED AT THE PROPERTY WHO HAS THOUGHT OF IT IN TERMS OF RESIDENTIAL PROPERTY. IT SEEMS THAT IT WOULD ONLY BE SUITABLE FOR BUSINESS BECAUSE OF THE SURROUNDING AREA. SUPERVISOR WALTER- THIS HAS BEEN APPROVED BY THE TOWN OF OUEENSBURY PLANNING BOARD AND DISAPPROVED BY THE WARREN COUNTY PLANNING BOARD PAT TATICH-THE COUNTY PLANNING BOARD FELT NUMBER ONE THEY WERE CONCERNED ABOUT INTENSITY OF THAT PROPERTY FOR COMMERCIAL USE IN THAT AREA-WOULD BE AN INFRINGEMENT ON THE 000NTRYIC(LUB ROAD AREA AND AN EXTENSION OUT FROM THE QUAKER ROAD STRIP AS IT IS. SOME FELT IT WAS SPOT ZONING-THEY WONDERED WHY THE AREA WAS NOT PUT IN COMMERCIAL USE AT THE TIME THE TOWN DID THE ZONING. THEY FELT THAT IN EFFECT THERE WAS A LINE OF COMMERCIAL USES STARTING FROM BAY ROAD WHICH EXTENDS OUT 500 ' ALONG QUAKER ROAD IS A STRIP ALONG THERE , I THINK THEY WERE LOOKING TO KEEP A PARTIAL KEEPING OF THAT PROPERTY FOR SOMETHING OTHER THAN COMMERCIAL DEVELOPMENT. SUPERVISOR WALTER- THERE WAS A REBUTTAL. TO THE COUNTY PLANNING BOARD DECISION BY LTR. ( ON FILE ) BY THE TOWN OF QUEENSBURY PLANNING BOARD. . . I ( MR. REGAN APPROACHED THE BOARD AND REVIEWED THE MAPS OF THE AREA ) ASKED FOR FURTHER COMMENTS HEARING NONE THE PUBLIC HEARING WAS CLOSED 7 :49 P. M, PUBLIC HEARING-ZONING AMENDMENTS-NOTICE SHOWN-MEETING OPENED 7 :51 P. M. SECTIONS TO BE AMENDED SECTION 7. 011 A SCRUB VEGETATION SECTION 8 . 011 EXEMPTION TO MINIMUM LOT AREA REQUIREMENTS FOR LOTS IN AN APPROVED SUBDIVISION SECTION 7 .051 EXCAVATION SUPERVISOR WALTER- ASKED FOR INPUT IN REGARD TO THE PROPOSED AMENDMENTS. . . NO ONE SPOKE . . . NOTED THAT THE CHANGES WERE BASICALLY IN LANGUAGE. . . ;_fHE PUBLIC HEARING WAS CLOSED 7 :51 P. M. 90 SUPERVISOR WALTER INTRODUCED TO THE TOWN BOARD MS . PAT TATICH AND MR. .JOHN FARNDELL°----HANDLING THE QUEENSBURY BLOCK GRANT REHAB PROGRAM MS. TATICH AND MR. FARNDELL= GAVE TO THE TOWN BOARD THE ANNUAL WEST GLENS FALLS NEIGHBORHOOD STRATEGY AREA ANNUAL REPORT CON FIDE) MS. TATICH- SPOKE ON THE HISTORY OF THE QUEENSBURY PARTICIPATION IN THE REHAB PROGRAM. . .SINCE 1979 . . . WORK DONE ON REHAB OF HOUSING , ROOFS , HEATING SYSTEMS , REPAIRS ETC. WATER LINES INSTALLED AND WORK DONE AT JOHN BURKE APTS . . . . PARK DEVELOPMENT IN THE TARGET AREA . . . MR. FARNDELL- SPOKE ON THE HOUSING ASSISTANCE PLAN- APPLICATIONS PROCESSED 95 , 28 OF THESE WERE DONE IN 1982 185 APPLICATION WERE RECEIVED. . . APPLICATIONS ARE PROCESSED IN A FIRST COME FIRST SERVED ORDER. . . LISTED TYPES OF REPAIRS ,ELECTRICAL , FOUNDATIONS , HEATING SYSTEMS , ROOFS. . . COUNCILAN EISENHART- HOW MUCH MORE NEEDS TO BE DONE. . ? MR. FARNDELL— THERE ARE SIXTY APPLICATIONS STILL OUTSTANDING. . . SUPERVISOR WALTER- WHAT IS THE MAXIMUM AMOUNT FOR EACH UNIT? MS. TATICH- UP TO SIX THOUSAND. . . SPOKE ON THE COMMUNITY HELP WITH THE PARK PROJECT WILL BE BUILDING OWN EQUIPMENT FOR THE PARK. . . COUNCILMM OLSON- ASKED IF THE PROJECT WOULD BE DONE THIS SUMMER. . . MS. TATICH- NOTED THAT THEY ARE TRYING TO COMPLETE FIVE HOUSES A MONTH ON THE AVERAGE. SUPERVISOR WALTER- DISCUSSION HELD IN REGARD TO THE NUMBER OF PEOPLE WHO BID ON THE PROJECT . . . THERE ARE NOT THAT MANY BIDDING ON THESE JOBS. MS. TATICH- NOTED IN THE SUMMER THEY HAVE THE HARDEST TIME GETTING PEOPLE TO BID ON THE PROJECTS. . . DESCRIBED HOW THE ADMINISTRATION COSTS ARE KEPT FOR EACH PROJECT. . . i COUNCILMAN MORRELL- IF WE SEEK ANOTHER GRANT IS THERE A POSSIBILITY ll THAT WE GO TOWN WIDE INSTEAD OF A TARGET AREA? MS . TATICH- EVEN IF IT WAS TO A TARGET AREA WE MAY HAVE A MINIMUM INCLUDED WITHIN OTHER AREAS OF THE TOWN AS THE NEED ARISES . . . COUNCILMAN OLSON- IF YOU WERE TO FINISH UP THE PROJECTS IN THE GRANT AREA THAT YOU ARE WORKING ON NOW AND HAD MONEY LEFT OVERjCOULD YOU EXPAND THAT OUTSIDE THE AREA? MS. TATICH- WE WOULD HAVE TO APPLY TO HUD TO GO BEYOND. . . WE DO HAVE PEOPLE WHO HAVE APPLIED WHO LIVE ON THE FRINGE OF THE TARGET AREA. SUPERVISOR WALTER- THANKED MS. TATICH AND MR. FARNDELL FOR THEIR PRESENTATIONS RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO . 28 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLVED, THAT THE TOWN BOARD MINUTES OF .JANUARY 11 , 1983 BE AND HEREBY ARE APPROVED. I DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE A RESOLUTION AUTHORIZING ISSUANCE OF A $20 , 340 . 00 BOND ANTICIPATION RENEWAL NOTE OF THE TOWN OF QUEENSBURY, COUNTY OF WARREN , STATE OF NEW YORK TO RENEW IN PART A $27 , 120 . 00 BOND ANTICIPATION NOTE OF SAID TOWN TO PAY PART OF THE COST OF THE PURCHASE OF A REX COMPACTOR FOR SAID TOWN yl _RESnil1TTnN Nn_ 9q � INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS . BETTY MONAHAN : WHEREAS, THE TOWN BOARD OF THE TOWN OF QUEENSBURY ON JANUARY 28 , 1982 ADOPTED A BOND ANTICIPATION NOTE RESOLUTION IN THE AMOUNT OF $27, 120. 00 ; AND WHEREAS, SUCH BOND ANTICIPATION NOTE SUBSEQUENTLY WAS SOLD BY THE SUPERVISOR OF THE TOWN OF QUEENSBURY TO THE FIRST NATIONAL BANK OF GLENS FALLS , IN GLENS FALLS , NEW YORK ; AND WHEREAS, SAID BOND ANTICIPATION NOTE IS DUE AND PAYABLE AS OF JANUARY 26 , 1983 , NOW , THEREFORE BE IT RESOLVED, THAT THE SUPERVISOR OF THE TOWN OF QUEENSBURY BE AND SHE IS HEREBY AUTHORIZED TO ( A) PAY TOWARD SAID BOND ANTICIPATION NOTE THE SUM OF $6 , 780. 00 ; AND ( B) RENEW PARTIALLY SAID BOND ANTICIPATION RENEWAL NOTE WITH A BALANCE OF $20 , 340. 00 WITH THE FIRST NATIONAL BANK OF GLENS FALLS , GLENS FALLS , PIEW YORK FOR A PERIOD RUNNING FROM JANUARY 26 , 1983 TO JANUARY 26 , 1984 WITH INTEREST AT THE RATE OF SIX PERCENT (6% ) PER ANNUM. (A COPY OF THE RENEWAL BOND ANTICIPATION NOTE IS ATTACHED HERETO. ) DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE ,t RESOLUTION TO AMEND BUS GRANT AGREEMENT BETWEEN QUEENSBURY AND WARREN COUNTY R _ niiiTTnni tin �p INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. BETTY MONAHAN : WHEREAS, WARREN COUNTY IS PARTICIPATING IN A NEW YORK STATE DIVISION FOR YOUTH SPECIAL DELINQUENCY PROGRAM, BY ESTABLISHING AN INTRACOUNTY YOUTH BUS PROGRAM, AND WHEREAS, A FINANCIAL REIMBURSEMENT PROGRAM HAS BEEN PROPOSED BY THE WARREN COUNTY YOUTH BOARD, NOW, THEREFORE BE IT RESOLVED, THE TOWN OF QUEENSBURY HAS ALREADY ENTERED INTO AN AGREEMENT WITH WARREN COUNTY BY RESOLUTION N0. 112 OF MAY 11 , 1982 FOR THE INITIAL AMOUNT OF $687. 18 FOR YOUTH BUSSING REIMBURSEMENT , AND WHEREAS , THE TOWN OF QUEENSBURY IS ELIGIBLE TO RECEIVE AN ADDITIONAL $35. 25 PURSUANT TO THE TERMS OF THE AFOREMENTIONED AGREEMENT , NOW, THEREOFRE BE IT RESOLVED, THAT THE SUPERVISOR OF THE TOWN OF nUEENSBURY IS HEREBY AUTHORIZED TO ENTER INTO A SUPPLEMENTAL AGREEMENT BETWEEN THE COUNTY OF WARREN AND THE TOWN OF QUEENSBURY WHEREBY THE COUNTY OF WARREN SHALL PROVIDE A TOTAL AMOUNT OF $35 . 24 FOR YOUTH BUSSING REIMBURSEMENT , TO 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 LTR. FRANCES J . WALTER TOWN SUPERVISOR TOWN OF QUEENSBURY BAY AND HAVI-LAND RDS . GLENS FALLS , NEW YORK 12801 92 DEAR FRAN : I HEREBY RESIGN FROM THE QUEENSBURY ZONING BOARD OF APPEALS EFFECTIVE IMMEDIATELY. I HAVE ENJOYED SERVING ON THE BOARD AND HAVE APPRECIATED THE OPPORTUNITY TO BE OF SERVICE TO THE TOWN. VERY TRULY YOURS , /S/ R. CASE PRIME RESOLUTION TO APPOINT TOWN COUNSEL RESOLUTION NO . 31 , INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. BETTY MONAHAN : WHEREAS, THIS BOARD DEEMS ITSELF IN NEED OF LEGAL COUNSEL IN THE CONDUCT OF ITS AFFAIRS , AND WHEREAS, THE OFFICE OF TOWN ATTORNEY HAS NOT BEEN ESTABLISHED OR PROVISIONS FOR A SALARY THEREFOR INCLUDED IN THE 1983 BUDGET , NOW , THEREFORE BE IT RESOLVED , THAT THE LOCAL LAW FIRM OF BASCOM, PRIME , MULDER AND MATHIAS BE MEPLOYED BY THIS BOARD TO RENDER SUCH LEGAL SERVICES AS MAY BE REQUIRED AND THAT PAYMENT FOR SUCH SERVICE BE BY TOWN VOUCHER AUDITED BY THE TOWN BOARD. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS . MIONAHAN , MRS. WALTER NOES : NONE r ABSENT: NONE DUSCUSSION HELD IN REGARD TO, THE DOYLE REZONING. COUNCILMAN MONAHAN REQUESTED THAT THE FOLLOWING BE READ INTO THE RECORD: QUEENSBURY PLANNING BOARD GLENS FALLS , N.Y. 12801 DECEMBER 20 , 1982 SUBJECT: MARK C. DOYLE REZONING FROM UR-5 TO HC-15 MRS. FRANCES WALTER T©WN SUPERVISOR BAY 6 HAVILAND RDS. RD1 Box 98 GLENS FALLS , NEW YORK 12801 DEAR MRS. WALTER : THE TOWN OF QUEENSBURY PLANNING BOARD TAKES EXCEPTION TO THE JUSTIFICATIONS CITED BY THE WARREN COUNTY PLANNIN BOARD IN ITS DECEMBER 10 DISAPPROVAL OF THIS REZONING REQUEST. ( 1 ) THE COUNTY BOARD. STATES THAT THIS ACTION WOULD BE CONTRARY TO THE PURPOSE OF THE HIGHWAY COMMERCIAL ZONE WHICH IS INTENDED , FOR AREAS WHICH HAVE ALREADY DEVELOPED FAIRLY INTENSE AND HAPHAZARD COMMERCIAL PATTERNS . THE QUEENSBURY PLANNINB BOARD FEELS THIS IS PERCISELY THE REASON WHY THIS REZONING IS A REASONABLE REQUEST. THE LANDS ACROSS COUNTRY--OLLBIROAD HAVE DEVELOPED COMMERCIALLY AND ARE ZONED AS SUCH . CONSIDERING THE LARGE NIAGARA MOHAWK SUB-STATION IN THE AREA , IT IS DOUBTFUL THAT ANY OTHER TYPE OF DEVELOPMENT WOULD OCCUR ON THAT SIDE. THE LANDS ACROSS QUAKER ROAD ARE ALL ZONED AND DEVELOPED AS HIGHWAY COMMERCIAL . THE LANDS ACROSS GLENWOOD AVENUE ARE CURRENTLY UNDEVELOPED , BUT ARE ZONED HIGHWAY COMMERCIAL. THAT LEAVES ONLY THE LANDS ACROSS WOODVALE ROAD TO DEVELOP RESIDENTIALLY AND THESE ARE ZONED FOR RESIDENTIAL DEVELOPMENT. THE NIAGARA MOHAWK TRANSMISSION LINE AND THE 93 WARREN COUNTY BIKE TRAIL PROVIDE A FINE EXISTING BUFFER BETWEEN THE DOYLE PROPERTY AND THE RESIDENTIAL ZONE ACROSS WOODVALEIRbAD. i ( 2 ) THE COUNTY BOARD NOTES A " PROGRESSION OF INTENSITIES FOR RESIDENTIAL USE WITHIN THE GENERAL AREA " . THIS IS INCORRECT. RECENT DEVELOPMENT ON COUNTRY CLUB ROAD, QUAKER ROAD , AND GLENWOOD AVENUE HAS BEEN COMPLETELY COMMERCIAL WITH NO NEW RESIDENTAIL USES ESTABLISHED IN THE AREA. ( 3 ) THE QUEENSBURY PLANNING BOARD DOES NOT FEEL THAT TRAFFIC ON (QUAKER ROAD WILL BE INCREASED OR AFFECTED IN ANY SIGNIFICANT WAY IF THE SUBJECT PROPERTY IS DEVELOPED COMMERCIALLY. THE SITE PLAN REVIEW PROCESS PROVIDES A MECHANISM FOR THE BOARD TO ADDRESS AND CONTROL ANY INFRINGEMENT ON THE BIKE TRAIL. ( 4 ) THE COUNTY BOARD SUGGESTS THAT A PLANNED UNIT DEVELOPMENT MIGHT BE AN ALTERNATIVE TO REZONING. THE QUEENSBURY ZONING ORDINANCE SPECIFIES A MINIMUM OF THIRTY ( 30 ) CONTIGUOUS ACRES FOR A PUD. PROVISIONS FOR SMALLER PROJECTS WOULD NOT LIKELY CONSIDER A PARCEL OF 6+ ACRES AS ADEQUATE. ( 5 ) THE COUNTY 90ARD CORRECTLY OBSERVES THAT SPOT ZONING IS CONTRARY TO THE INTENT OF THE QUEENSBURY ORDINANCE. HOWEVER, WE DISAGREE ON DEFINITION. SINCE THE SUBJECT PROPERTY IS ADJACENT TO COMMERCIAL ZONES ON THREE SIDES , THIS IS A CLASSIC EXAMPLE OF ZONE EXTENSION WHICH IS PERFECTLY PROPER PLANNING PROCEDURE TO REDRESS INEQUITIES AND ERRORS IN THE ORDINANCE. YOUR PLANNING BOARD CONFIRMS ITS ORIGINAL RECOMMENDATION THAT THIS REQUEST FOR REZONING IS REASONABLE AND PROPER AND REPRESENTS THE BEST INTEREST OF THE TOWN AND THE SURROUNDING LANDOWNERS. RESPECTFULLY SUBMITTED, /S/ KENNETH R. SORLIN SECRETARY PRO TEM *� COUNCILMAN MONAHAN- MY ONLY PROBLEM IS WITH SOME OF THE PERMITTED USES THAT COULD GO IN THAT AREA. . . COUNCILMAN _MORRELL- BUT THEY CAN GO ON EITHER SIDE OF IT. . . RESOLUTION TO APPROVE THE DOYLE REZONING RESOLUTION NO . 32 , INTRODUCED BY DR. CHARLEssEISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : I RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE 9 DULY ADOPTED BY THE FOLLOWING VOTE : i AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE RESOLUTION TO AMEND THE ZONING ORDINANCE RFSOL(ITION NO . 3:3 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER i NOES : NONE ABSENT: NONE COMMUNICATIONS -MR. CHASE RECIEVED A PHONE CALL FROM BAY RIDGE FIRE CO. ASKING THAT 94 TOD EN ",-BE ADDED TO THE ACTIVE LIST. -BID OPENING CHEMICALS 1-25-83 ASHLAND CHEMICAL CO. LIQUID CHLORINE $178. 00 PER TON RENSSELAER, N.Y. LIQUID CAUSTIC SODA $258. 00 PER TON NON COL. ON FILE MONARCH CHEMICAL INC. LIQUID CHLORINE $230 . 00 PER TON BALLSTON SPA, N.Y. LIQUID CAUSTIC SODA $237. 54 PER TON NON COL. ON FILE HOLLAND CO. INC . ADAMS , MASS. LIQUID ALUM $174 . 38 PER NET TON NON COL. ON FILE LTR. THOMAS FLAHERTY REQUESTING THAT THE BOARD ACCEPT THE FOLLOWING : LIQUID ALUM FROM HOLLAND CO. LIQUID CHLORINE FROM ASHLAND CHEMICAL CO. AND LIQUID CAUSTIC SODA FROM MONARCH CHEMICAL INC. RESOLUTION TO ACCEPT BID ON CHEMICALS RESOLUTION NO . 34 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : WHEREAS , MR. THOMAS FLAHERTY WATER SUPERINTENDENT FOR THE TOWN OF QUEENSBURY DID RECOMMEND THAT WE ADVERTISE FOR BIDS FOR CHEMICALS AND WHEREAS, THREE BIDS WERE SUBMITTED AND RECEIVED AND OPENED AT THE SPECIFIED TIME AND PLACE BY THE DIRECTOR OF PURCHASING/TOWN CLERK DONALD A. CHASE , AND SUCH BIDS WERE THEN TURNED OVER TO MR. FLAHERTY FOR HIS RECOMMENDATIONS , AND WHEREAS, MR. THOMAS FLAHERTY BY LETTER HAS RECOMMENDED THAT THE BIDS BE AWARED TO THE HOLLAND COMPANY FOR LIQUID ALUM, ASHLAND CHEMICAL CO . FOR LIQUID CHLORINE AND MONARCH CHEMICALS INC . FOR LIQUID CAUSTIC SODA , i NOW , THEREFORE BE IT RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY HEREBY ACCEPTS THE BIDS FROM THE HOLLAND COMPANYD FOR LIQUID ALUM IN THE ?AMOUNT OF $174. 38 PER TON , THE ASHLAND CHEMICAL CO. FRO LIQUID CHLORINE IN THE AMOUNT OF $ 178. 00 AND MONARCH CHEMICAL INC. FOR LIQUID CAUSTIC SODA IN THE AMOUN OF $237. 54 PER TON AND BE IT FURTHER RESOLVED, THAT THE FINANCING FOR SUCH MATERIALS IS INCLUDED IN THE 1983 WATER DEPT. BUDGET. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE LTR. WEST MOUNTAIN CORP. REQUESTING A FIRE WORKS DISPLAY ON FEBRUARY 5TH 1983 AT THE SKI CENTER. . . DISCUSSION :HELD AND IT WAS DECIDED THAT THE LIABILITY INSURANCE SHOULD BE PLACED AT $300 , 000 . 00-AGREED TO BY THE BOARD. . . RESOLUTION ALLOWING FIRE WORKS DISPLAY RF:Sni [ITTON NO . 3S_. INTRODUCED BY DR. CHARLES EISENHART WHO MOVED I FOR ITS ADOPTION SECONDED BY MR. DANIEL OLSON : RESOLVED, THAT PERMISSION IS HEREBY GRANTED TO WEST MOUNTAIN SKI CENTER TO CONDUCT A FIRE WORKS DISPLAY ON SATURDAY EVENING FEBRUARY 5TH 1983 AT THE WEST MOUNTAIN SKI CENTER , AND BE IT FURTHER RESOLVED , THAT SAID SKI CENTER WILL FILE WITH THE TOWN A CERTIFICATE OF INSURANCE IN THE AMOUNT OF $300 , 000 . 00 LIABILITY . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS . WALTER NOES : NONE ABSENT : NON,E 95 COUNCILMAN OLSON- REQUESTED THAT THE POLICE AGENCIES IN THE AREA BE NOTIFIED OF THE FIRE WORKS . . . COUNCILMAN MORRELL- I HAVE A COMMUNICATION VIA THE RECREATION COMMISSION CONCERNING THE HOVEY POND PROPERTY-HAS THERE BEEN ANY FURTHER UPDATE ON THE PLANS TO GO OUT TO BID? SUPERVISOR WALTER- WE SHOULD BE HAVING A FULL REPORT AT THE BEGINNING OF FEBRUARY FROM=THE GENTLEMAN AS TO THE FEASIBILITY OF GOING OUT FOR BID ON PART OF THE HOUSE . . . j COUNCILMAN MORRELL- SOME PEOPLE HAVE CONTACTED ME AND WERE A LITTLE L_ IMPATIENT: THAT NOTHING HAD BEEN DONE--I WONDER IF THIS BOARD SHOULD CONSIDER THE POSSIBILITY OF HIRING AN ARCHITECT TO DRAW THE SPECIFICATIONS. SUPERVISOR WALTER- I WOULD THINK THAT YOU MIGHT WANT TO WAIT AFTER THE FIRST OF FEBRUARY AND THEN HAVE THE BOARD MAKE A DETERMINATION AT THAT TIME , MAYBE THE FIRST MEETING IN FEBRUARY, IF WE DO NOT HAVE ANYTHING. COUNCILMAN MORRELL- THE RECREATION DEPT. STARTED A NEW PROGRAM OF JR. WRESTLING-THE ESTIMATE WHEN THEY STARTED WAS ABOUT SEVENTY TO EIGHTY PARTICIPANTS AND THEY STARTED THE TWELVE WEEK PROGRAM AND HAD ONE HUNDRED AND FIFTY REGISTRANTS. I OPEN FORUM i MR. JIM CANAVAN-17 LUZERNE PLACE-NOTED HE HAD RECEIVED HIS TAX BILL AND IT HAD INCREASED 100% . . . THE COST OF THE WATER TO MY HOME EXCEEDS MY TOWN AND COUNTY TAX-THE INCREASE IN WATER ALONE IS OVER 1000% TO MY HOUSES I FIND THAT HARD TO DEAL WITH. I KNEW THERE WERE CHANGES TO THE WATER DIST. IN MY AREA BUT I HAD NO IDEA THERE WOULD BE THAT KIND OF AN IMPACT ON MY TAXES. COUNCILMAN EISENHART- NOTED THAT HE HAD SPOKEN WITH A WOMAN OFF FROM WEST MOUNTAIN ROAD WHOSE TAXES HAD MORE THAN DOUBLED. . . i SUPERVISOR WALTER-THE BOARD HAD PUBLIC INFORMATION MEETINGS AND AT THAT TIME LISTED WHAT THE RATES WOULD BE PER THOUSAND DOLLARS WHEN THE BROAD ACRES WATER DIST. WAS BEING CONSIDERED. BECAUSE OF THE FINANCING ARRANGEMENTS THAT WE MADE� WE CAME $ 1 . 15 LESS PER THOUSAND, YOU HAVE TO UNDERSTAND THAT IT_. IS A DECREASING TAX FOR THE NEXT FIFTEEN YEARS. THE TIME TO COMPLAIN OR 70 MAKE ANY KIND OF STATEMENTS WOULD HAVE BEEN AT THE PUBLIC INFORMATION MEETINGS. COUNCILMAN MONAHAN- 'THE TOWN NOT ONLY TOOK OUT THE LEGAL NOTICE BUT ALSO A DISPLAY AD HOPING EVERYONE INVOLVED WOULD SEE THIS AND BE AWARE OF IT COUNCILMAN OLSON- THE QUEENSBURY WATER DEPT. WILL BE DOING THE WORK. . . MR. JIM CANAVAN- HOW LONG OF A PROJECT WILL THIS BE? COUNCILMAN OLSON- WE ARE LOOKING AT APPROXIMATELY 130 DAYS SUPERVISOR WALTER- IN THAT AREA� ALSO TIE IN SOME DRAINAGE WORK AND WITH MR. NAYLOR' S COOPERATION WE WILL HAVE SOME STREETS PAVED OVER THERE,AIND SOME NEW STREET SIGNS . . . MR. JIM CANAVAN- WHEN WILL WE BE PAYING TOWN WATER RENTS? SUPERVISOR WALTER- WE WILL BE ABLE TO SUPPLY YOU WITH WATER THIS FALL OR SOONER. . . MR. JOSEPH DAIRE- DID THEY EVER PUT IN THE PAPER WHEN CARS SHOULD BE OFF THE STREETS? SUPERVISOR WALTER- YES. . . MIDNIGHT TO SIX A. M. MR. JOSEPH DIARE- MR. PAUL NAYLOR HAS BEEN DOING A GOOD.=JOB SINCE THE FIRST OF THE YEAR. . . MR. PAUL NAYLOR- THE TRAFFIC LIGHTS ARE WORKING ON BAY AND QUAKER SUPERVISOR WALTER- I FOUND IT EASIER TO MAKE A LEFT HAND TURN FROM QUAKER ONTO BAY. . . THANK YOU FOR CALLING THAT TO OUR ATTENTION . . . 96 COUNCILMAN OLSON- WHAT IS THE PROGRESS ON nUAKER AND DIX? MR. NAYLOR-EVERTHING SHOULD BE DONE AT THAT INTERSECTION WITHIN A WEEK. . . MR. TURNBULL- THE SENIOR CITIZENS WILL BE HAVING A VALENTINES PARTY ON - - FEBRUARY 9TH AND IN MARCH WILL_ BE HOLD�Nri ANNIVERSERY PARTY NUMBER 3. . .NOTED SEVERAL SENIOR CITIZENS ATTENDAE HE RECREATION MEETING LAST NIGHT. . . RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO. 36 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS . BETTY MONAHAN : RESOLVED , THAT AUDIT OF BILLS AS FOUND ON ABSTRACT NO. 83-1D AND NUMBERED 86-88 AND TOTALING $35 ,659 . 15 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 I RESOLUTION NO . 37 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS j ADOPTION , SECONDED BY MRS . BETTY MONAHAN : RESOLVED , THAT THE TOWN BOARD WILL NOW GO INTO EXE(a.TiVE SESSION TO DISCUSS PERSONNEL MATTERS. DULY ADOPTED BYTHE 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 TOWN OF QUEENSBURY 97 RESOLUTION TO AMEND ZONING ORDINANCE OF TOWN OF QUEENSBURY RESOLUTION NO . 32 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : WHEREAS, UNDER THE PRESENT ZONING IN THE TO*40 F nUEENSBURY, THOSE PARCELS OF LAND IN THE TOWN OF QUEENSBURY BOUNDED BY QUAKER ROAD , GLENWOOD AVENUE , WOODVALE ROAD AND COUNTRY CLUB ROAD AS SHOWN ON WARREN COUNTY TAX MAP #8 SECTION 62 ARE PRESENTLY ZONED IN A CLASSIFICATION OF UR-5 AND WHEREAS , AN APPLICATION HAS BEEN RECEIVED BY THE TOWN BOARD REQUESTING THE REZONING OF THOSE PREMISES, FROM AN EXISTING CLASSIFICATION OF UR-5 TO A NEW ZONING CLASSIFICATION OF HC-15 AND WHEREAS, THE TOWN OF QUEENSBURY PLANNING BOARD HAS RECOMMENDED THE REZONING WHICH WOULD ACCOMPLISH THE EXTENSION OF THE HC-15 ZONE TO INCLUDE THE PROPERTIES BOUNDED BY nUAKER ROAD , GLENWOOD AVENUE , WOODVALE ROAD AND COUNTRY CLUB ROAD , AND WHEREAS, UPON SAID RECOMMENDATION OF THE TOWN OF QUEENSBURY PLANNING BOARD THE RECOMMENDED CHANGES IN ZONING CLASSIFICATION SET FORTH ABOVE WERE REFERRED TO THE WARREN COUNTY PLANNING BOARD FOR RECOMM- ENDATIONS CONCERNING SAID ZONING RECLASSIFICATIONS , AND WHEREAS, THE WARREN COUNTY PLANNING BOARD HAS RECOMMENDED DISAPPROVAL OF THE APPLICATION , AND WHEREAS, PURSUANT TO A RESOLUTION DULY ADOPTED BY THE TOWN BOARD A PUBLIC li HEARING WAS HELD BEFORE THE TOWN BOARD ON JANUARY 25 , 1983 , TO CONSIDER THE PROPOSED REZONING OF SAID PREMISES , AND WHEREAS, AT SAID PUBLIC HEARING ALL PERSONS WISHING TO BE HEARD CONCERNING SUCH MATTERS WERE DULY HEARD BY THE TOWN BOARD, AND WHEREAS , NOTICE OF SAID PUBLIC HEARING WAS PUBLISHED AS REQUIRED BY LAW , I NOW , THEREFORE BE IT i RESOLVED, THAT THE TOWN OF nUEENSBURY ZONING ORDINANCE BE AMENDED BY I REZONING TO A ZONING CLASSIFICATION OF HC-15 THOSE PARCELS OF LAND IN THE TOWN OF QUEENSBURY BOUNDED BY QUAKER ROAD , GLENWOOD AVENUE , WOODVALE ROAD AND COUNTRY CLUB ROAD, AS SHOWN ON WARREN COUNTY TAX MAP #8 SECTION 62 , AND BE IT FURTHER RESOLVED, THAT THE TOWN CLERK BE DIRECTED TO CAUSE NOTICE OF THIS AMENDMENT TO THE TOWN OF nUEENSBURY ZONING ORDINANCE TO REZONE THE PARCELS ABOVE TO BE PUBLISHED AS REQUIRED BY THE PROVISIONS OF TOWN LAW SECTION 24 AND THAT THE TOWN CLERK BE REQUIRED AND DIRECTED TO TAKE ALL OTHER ACTION REQUIRED BY LAW TO CAUSE SAID AMENDMENT TO BECOME EFFECTIVE IN ACCORDANCE WITH THE PROVISIONS OF TOWN LAW SECTION 264 , AND BE IT FURTHER RESOLVED, THAT THE ZONING MAP OF THE TOWN OF QUEENSBURY BE AMENDED TO SHOW THE REZONING OF THE ABOVE DESCRIBED PREMISES AND THAT THE ZONING MAP , AS AMENDED, BE FILED AND MAINTAINED IN THE OFFICE OF THE TOWN CLERK AS REQUIRED BY LAW. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : NONE "— ABSENT : NONE RESOLUTION TO AMEND ZONING ORDINANCE TO TOWN OF QUEENSBURY RESOLUTION NO . 33, INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED. BY DR. CHARLES EISENHART : WHEREAS, THE QUEENSBURY PLANNING BOARD HAS RECOMMENDED AMENDMENTS TO SECTION 7.011 A. 1 ) C) AND SECTION 8. 011 AND SECTION 7. 051 OF THE EXISTING QUEENSBURY ZONING ORDINANCE , AND WHEREAS, SAID PROPOSED AMENDMENTS WERE REFERRED TO THE WARREN COUNTY PLANNING BOARD PURSUANT TO STATUTE FOR A RECOMMENDATION OF THE BOARD 98 PRIOR TO ACTION OF THE QUEENSBURY TOWN BOARD, AND WHEREAS, THE WARREN COUNTY PLANNING BOARD AHS CONCURRED IN THE RECOMMENDATIONS OF THE TOWN OF QUEENSBURY PLANNING BOARD AND HAS RECOMMENDED THE AMENDEMNTS TO THE EXISTING QUEENSBURY ZONING ORDINANCE , AND WHEREAS, PURSUANT TO: A RESOLUTION DULY ADOPTED BY THE TOWN BOARD A PUBLIC HEARING WAS HELD BEFORE THE TOWN BOARD ON JANUARY 25 , 1983 TO CONSIBER THE AFOREMENTIONED RECOMMENDATIONS , AND WHEREAS, AT SAID PUBLIC HEARING ALL PERSONS WISHING TO BE HEARD CONCERNING SUCH MATTERS WERE DULY HEARD BY THE TOWN BOARD , AND j } WHEREAS, NOTICE OF SAID PUBLIC HEARING WAS PUBLISHED AS REQUIRED BY LAW , NOW , THEREFORE BE IT RESOLVED THAT THE ZONING ORDINANCE OF THE TOWN OF QUEENSBURY BE AND THE SAME IS HEREBY AMENDED SO THAT SECTION 7. 011 A. 1 )' C) REACTS AS FOLLOWS : ". C ) THE ABOVE CUTTING STANDARDS SHALL NOT BE DEEMED TO PREVENT THE RE- MOVAL OF DISEASED VEGETATION OR OF ROTTEN OR DAMAGED TREES OR OF OTHER VEGETATION THAT PRESENT SAFETY OR HEALTH HAZARDS ,. OR TO PREVENT THE PRUNING OF SHRUBS , CUTTING OF GRASS OR SIMILAR YARD MAINTENANCE PROCEDURES. ' ' AND THAT SECTION 8 .'011 BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS : NOTWITHSTANDING THE PROVISIONS OF SECTION 8.010 OF THIS ORDINANCE , AND ll NON-CONFORMING LOT OF RECORD AS I, OF THE DATE OF THIS ORDINANCE WHICH DOES NOT MEET THE MINIMUM LOT AREA AND/OR MINIMUM LOT WIDTH REQUIREMENTS OF THIS ORDINANCE FOR THE ZONING DISTRICT IN WHICH SHUCH LOT IS SITUATED SHALL BE EXEMPT FROM SUCH MINIMUM LOT REQUIRE- MENTS , AND NO VARIANCE SHALL BE REQUIRED FOR A PERIOD OF THREE ( 3 ) YEARS FROM THE EFFECTIVE DATE OF THIS ORDINANCE , IF SAID LOT IS SHOWN AND DELINEATED ON A SUB- DIVISION PLAT OF LAND INTO LOTS FOR RESIDENTIAL USE , DULY APPROVED BY THE QUEENSBURY PLANNING BOARD SUBSEQUENT TO AUGUST 30 , 1967 ( THE EFFECTIVE DATE OF THE FIRST ZONING ORDINANCE OF THE TOWN OF QUEENSBURY ) AND SAID SUBDIVISION PLAT HAS BEEN DULY FILED IN THE OFFICE OF THE WARREN COUNTY CLERK IN ACCORDANCE WITH LAW . THIS SECTION SHALL NOT APPLY TO ANY SUB . DIVISION WHICH -HAS NOT RECEIVED NECESSARY APPROVAL BY THE ADIRONDACK PARK AGENCY. ' ' AND THAT SECTION 7 . 051 BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS : ' ' A )SLOPES CAUSED BY THE EXCAVATION SHALL UPON COMPLETION NOT EXCEED 30% . B) DEPTH OF EXCAVATION SHALL APPROACH NO CLOSER THAN 5 FEET TO THE AVERAGE HIGH POINT OF THE GROUND WATER TABLE MEASURED ANNUALLY EXCEPT UPON A SHOWING SATISFACTORY TO THE PLANNING BOARD DURING SITE PLAN REVIEW UNDER ARTICLE 5 THAT THE SITE PLANS CONTAIN MITIGATIVE MEASURERS ADEQUATE TO ASSURE THAT THE PROPOSED USE OF THE LAND WILL NOT CAWSE ANY 99 UNDUE , ADVERSE IMPACTS EITHER TO SUCH GROUND WATER TABLE OR TO ANY SURFACE WATERS INTO WHICH SUCH LANDS DRAIN. C) STOCKPILED MATERIAL SHALL NOT EXCEED 35 FEET. ' ' AND BE IT FURTHER RESOLVED, THAT THE TOWN CLERK BE DIRECTED TO CAUSE NOTICE OF THESE AMENDMENTS TO THE TOWN OF QUEENSBUBY ZONING ORDINANCE TO BE PUBLISHED AS REQUIRED BY THE PROVISIONS OF TOWN LAW SECTION 264 AND THAT THE TOWN CLERK BE REQUIRED AND DIRECTED TO TAKE ALL OTHER ACTION REQUIRED BY LAW TO CAUSE SAID AMENDMENTS TO BECOME EFFECTIVE IN ACCORDANCE WITH THE PROVISIONS OF TOWN LAW SECTION 264. L_ DULY ADOPTED BYIME FOLLOWING VOTE : ``— AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE TOWN BOARD MEETING FEBRUARY 8 , 1983 TOWN BOARD MEMBERS MRS. FRANCES WALTER—SUPERVISOR MR. DANIEL OLSON—COUNCILMAN DR. CHARLES EISENHART—COUNCILMAN MR. DANIEL MORRELL—COUNCILMAN MRS . BETTY MONAHAN—COUNCILMAN MR. WILSON MATHIAS—TOWN COUNSEL PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN i �.r MEETING OPENED 7: 36 P. M. j RESOLUTIONS RESOLUTION APPROVING MINUTES RFSOLUTTON N0. 8 . INTRODUCED. BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS . BETTY MONAHAN : RESOLVED, THAT THE TOWN BOARD MINUTES OF JANUARY 25 , 1983 BE AND HEREBY ARE APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON ,N , EISENHART, MR. MORRELL , MRS. MONAHAN , MRS , WALTER NOES : NONE ABSENT: NONE RESOLUTION REGARDING CONTRACT BOND RESO ITTON N0 . 9 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS k ADOPTION , SECONDED BY MR. DANIEL OLSON : a._ WHEREAS, PYRAMID COMPANY OF GLENS FALLS , AS PRINCIPAL AND THE HARTFORD ACCIDENT AND INDEMNITY COMPANY , AS SURETY , PROVIDED THE TOWN OF QUEENSBURY WITH A CONTRACT BOND # 4324192 IN THE SUM OF $15 ,000 . 00 , ( FIFTEEN THOUSAND DOLLARS) ; AND WHEREAS, BY THE TERMS OF THE SAID BOND, PYRAMID COMPANY OF GLENS FALLS AGREED TO COMPLETE LANDSCAPING WORK AT THE AVIATION MALL , GLENS FALLS, NEW YORK IN ACCORDANCE WITH THE MINUTES OF THE PUBLIC HEARING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF QUEENSBUBY , NEW YORK , HELD ON NOVEMBER 17TH , 1976 ; AND WHEREAS, BY LETTER DATED JULY 16TH , 1982 , THE ZONING BOARD OF APPEALS HAS