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1983-06-28 213 TOWN BOARD MEETING, JUNE 28, 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 PRESS; G. F. POST STAR WWSC GUESTS : MR. HALL, MRS. HALL, MR. SCHACHNER, MR. LEBOWITZ, MRS . BOVEE, MRS . SHEPARD TOWN OFFICIALS : MR. DEAN, MR. NAYLOR, MR. MISSITA PLEDGE OF ALLEGIANCE' LED BY SUPERVISOR WALTER MEETING OPENED 7 :41 P.M. PUBLIC HEARING-RICHARD HERMANCE SR. OF GLENS FALLS TO LOCATE A MOBILE HOME ON DAWN AVENUE-OWNER OF PROPERTY GENEVA ELMORE-APPROVED BY BUILDING AND ZONING DEPARTMENT .MR. HERMANCE WAS PRESENT . NOTICE SHOWN SUPERVISOR WALTER- MR. HERMANCE. WE HAD A QUESTION LAST TIME ABOUT PLACING A MOBILE HOME ON PROPERTY WHERE THE TAXES WERE DELINQUENT. MR. HERMANCE- I LOOKED INTO THAT AND ACCORDING TO THE TAX MAP THE LAND DOES NOT 'HAVE ANY BACK TAXES, I HAVE RECEIPTS FROM MRS . ELMORE . . .THAT SHOWS THAT BACK TAXES WERE PAID. . . 1 COUNCILMAN OLSON- QUESTIONED IF THE PROPERTY WAS IN THE NAME OF MRS . ELMORE- ASKED THAT THE TAXES BE CHECKED THROUGH THE WARREN CO. TREASURER 'S OFFICE. . . I _ COUNCILMAN MONAHAN- ASKED IF A TITLE SEARCH WAS DONE ON THE PROPERTY? MR. HERMANCE- I HAVE NOT HAD A SEARCH DONE . . . COUNCILMAN EISENHART- ASKED IF THERE WAS ANYONE PRESENT-TO SPEAK FOR OR AGAINST THE MOBILE HOME . . . SUPERVISOR WALTER-NOTED THAT THERE HAD BEEN A MOBILE HOME ON THIS SAME LOT AND THERE ARE OTHER MOBILE HOMES IN THE AREA. . .THE SEPTIC SYSTEM IS APPROXIMATELY A YEAR OLD. . . COUNCILMAN EISENHART- REQUESTED THAT A STIPULATION BE PLACED ON THE APPROVAL OF THE APPLICATION THAT THE BACK TAXES BE PAID. . .THIS TO BE i CHECKED UPON AT THE COUNTY. . . i - MR. HERMANCE- I WILL CHECK ON THE TAXES AT THE COUNTY. . . SUPERVISOR WALTER- ASKED FOR FURTHER INPUT. . . HEARING NONE THE PUBLIC HEARING WAS CLOSED 7 :48 P.M. J PUBLIC HEARING-PROPOSED LOCAL LAW ON JUNK YARDS NOTICE SHOWN . . . OPENED 7 :49 P. M. i SUPERVISOR WALTER- WE HAVE AN ORDINANCE ON JUNK YARDS AND HAVE BEEN REVIEWING f THIS FOR THE PAST SEVERAL YEARS--WE HAVE HAD WORKSHOPS WITH SOME OF THE JUNK YARD OWNERS IN THE TOWN OF QUEENSBURY AND WE HAVE DRAWN A LOCAL LAW WHICH WE HOPE TO PUT INTO EFFECT WHICH WOULD REGULATE, LICENSE OPERATION OF THE JUNK YARDS AND REGULATE THE OPERATION. THIS ALSO WILL ESTABLISH REQUIREMENTS FOR ANY NEW JUNK YARDS TO BE ESTABLISHED IN THE TOWN OF QUEENS- BURY. MR. LEBOWITZ-WESTSIDE AUTO-SECTION 11 NOTED THAT HE FELT THAT IN SOME AREAS WHERE THERE ARE TREES IT IS BETTER THAN FENCING. . . FOR BEAUTIFICATION. . . COUNCILMAN EISENHART- REVIEWED SECTION 11 NOTING THAT IT DID INCLUDE THE USE OF TREES IF APPROVED BY THE TOWN BOARD. . . i MR. LEBOWITZ- RE : MOTOR VEHICLES . . .NOTED THAT HE FOUND THAT IF HE PLACED f MACHINERY BEHIND THE FENCE IT WAS STRIPPED BY VANDALS . . REQUESTED THAT MACHINERY AND EQUIPMENT THAT WAS FOR RESALE IN TACT BE ALLOWED TO BE PLACED 214 OUTSIDE THE FENCE . . . SUPERVISOR WALTER- QUESTIONED i (?W TO DEFINE THE TYPE OF EQUIPMENT AND MAHINERY THAT COULD BE PLACED OUTSIDE THE FENCE . . . MR. LEBOWITZ- THEY ARE FOR RESALE COUNCILMAN MONAHAN- ARE YOU TALKING ABOUT MACHINERY FOR RESALE IN ITS ENTIRETY THAT COULD BE THE DIFFERENCE IN THE DEFINITION . SUPERVISOR WALTER- ASKED ABOUT SET BACKS FOR THIS EQUIPMENT. . . COUNCILMAN EISENHART- HOW WOULD WE KNOW WHICH EQUIPMENT WERE TO BE STRIPPED AND WHICH WERE NOT? 1 MR. LEBOWTIY - WRECKED VEHICLES WOULD BE BEHIND THE FENCEjIF THEY ARE WHOLEJTHEN THEY COULD BE RESOLD. . . SPOKE ON THE DEALERS AND DISMANTLERS LICENSES . . . COUNCILMAN MONAHAN- WE ARE HAVING A PROBLEM WITH SOME DEALERS HAVING PIECES OF EQUIPMENT OR MACHINERY THERE AND LEAVING THEM OUTSIDE WITH THE GRASS GROWING UP AROUND THEM AND MAKING THE TOWN LOOK TERRIBLE. WE ARE TRYING TO FIND SOME WAY OF STOFPING THIS PROBLEM. MR. LEBOWTIZ- PUT A TIME ON IT . . . COUNCILMAN MONAHAN- THAT IS A POLICING TYPE OF THING. . . i COUNCILMAN MORRELL- ASKED ABOUT USED APPLIANCES . . . i SUPERVISOR WALTER- THAT WOULD BE UNDER SCRAP METALS . . . UNKNOWN- WOULD THE NEW LAW EFFECT THE DEALERS THAT ARE NOW ESTABLISHED? i SUPERVISOR WALTER- YES . . . IT GIVES THEM A TIME LIMIT TO COME INTO COMPLIANCE, IT GIVES THEM ONE YEAR TO COME INTO COMPLIANCE WITH THIS LAW. . . NOTED SOME JUNK YARDS IN THE TOWN ARE NOW UNDER COMPLAINCE WITH (THE PROPOSED LOCAL LAW SOME ARE NOT. . . COUNCILMAN EISENHART- ASKED IF THE BOARD SHOULD SET A TIME LIMIT ON MACHINERY AND EQUIPMENT IN FRONT OF THE FENCE? SUPERVISOR WALTER- I WOULD SAY A REASONABLE TIME, I THINK IF YOU HAVE A PIECE OF EQUIPMENT THAT HAS THE GRASS GROWING AND YOU CAN 'T SEE THE EQUIPMENT THE TIME IS UP. MR. LEBOWTIZ- NOTED THAT SOME TYPES OF EQUIPMENT YOU DO NOT SELL EVERYDAY . . . MR. DEAN- REVIEWED THE NEW ZONING ORDINANCE AND HOW IT WILL EFFECT THE ESTABLISHMENT OF NEW JUNK YARDS IN THE TOWN. . .THIS WILL REQUIRE SITE PLAN REVIEW. . . SUPERVISOR WALTER- ASKED FOR FURTHER COMMENTS . . .NO ONE SPOKE . . .HEARING CLOSED. ' CLOSED 8 : 13 P. M. PUBLIC HEARING-LOCAL LAW REGARDING UNSAFE STRUCTURES . .NOTICE SHOWN . . . 8 : 13 P. M. i SUPERVISOR WALTER-THE PURPOSE OF THIS LOCAL LAW IS THAT THERE ARE BUILDINGS THAT BECOME UNSAFE BY VARIOUS REASONS FIRE, AGE, GENERAL DETERIORATION, DILAPITATED BUILDINGS, ROC9:NT INFESTED4 A HEALTH MENACE, THE ACTUAL PURPOSE TO PROVIDE BASICALLY FOR SAFETY HEALTH AND PROTECTION IN THE TOWN OF QUEENSBURY BY REQUIRING THAT THESE UNSAFE BUILDINGS AND STRUCTURES BE REPAIRED DEMOLISHED OR REMOVED. , THE TOWN BOARD HAS HAD SOME DEALINGS IN THE PAST SEVERAL YEARS WITH UNSAFE BUILDINGS IN THE TOWN-WE HAVE THE ABILITY TO REMOVE THE HAZARDS- HOWEVER IT IS CUMBERSOMEjEXPENSIVE AND GOES:)TO AN AREA WHERE WE WOULD BE DEALING WITH THE COURTS . IT IS THE TOWN BOARDSFEELINGS THAT WE WANTED TO STREAM LINEjTO GIVE THE BOARD THE AUTHORITY WHEN THERE IS DECLARED SOME KIND OF A MENACE THAT WE WOULD BE ABLE TO DO SOMETHING ABOUT IT, THAT WOULD NOT BE AN EXCESSIVE COST TO THE TAXPAYERS IN THE TOWN . ASKED; "FOR _ PUBLl!C INPUT. . ,,,,'_ COUNCILMAN MONAHAN- QUESTIONED IF THE LOCAL LAW COVERED THE KIND OF BUILDINGS THAT COULD BE A FIRE HAZARD. . . COUNCILMAN EISENHART- READ THE PORTION OF THE LOCAL LAW THAT WOULD COVER A FIRE HAZARD. . . i 215 SUPERVISOR WALTER- THE LOCAL LAW DEALS WITH IN INVESTIGATION BY THE BUILDING INSPECTOR-THEN THE ]OWN BOARD WOULD ORDER THE OWNERS TO CORRECT THE SITUATION IN SECTION 6 WHEN THE TOWN BOARD MAKES A NOTICE WHICH CONTAINS SORTS OF INFORMATION NECESSARY AND THAT THEY WOULD BE SERVED NOTICE BY REGISTERED MAIL AND THAT A COPY OF THE NOTICE WOULD BE TO THE COUNTY CLERK AND WE WOULD THEN HOLD A HEARINGY-IF THERE WAS REFUSAL TO COMPLY. I DO NOT WANT THE PUBLIC TO GET THE IDEA THAT WE ARE IN THE MARKET NOW TO RUN AROUND AND ASSESS VARIOUS BUILDINGS, THAT THERE WOULD DEFIN,TTELY BE A NEED AND THERE WOULD BE AN AUDIENCE FOR THE OWNER OF THE PROPERTY TO APPEAR BEFORE THE BOARD TO STATE THEIR REASONS FOR WHY IT WAS NOT CORRECTED. THE LAW IS DRAWN SO THAT IT GIVES THE.----TOWN BOARD A LITTLE BIT IN ORDER TO CORRECT THE SITUATION IT ALSO GIVES THE PROPERTY OWNER TIME IF HE WISHES TO CORRECT THE SITUATION HIMSELF. ASKED FOR INPUT, HEARING NONE. . . �- HEARING CLOSED 8 : 21 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 131, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MR!., DANIEL MORRELL : RESOLVED, THAT THE TOWN BOARD MINUTES OF JUNE 14TH, 1983 BE AND HEREBY ARE APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION TO CONDUCT CIRCUS RESOLUTION N0, 132, INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL OLSON : RESOLVED, THAT PERMISSION IS HEREBY GRANTED TO CONDUCT A CIRCUS AS FOLLOWS : SPONSOR: LAKE GEORGE KIWANIS CLUB CIRCUS : FLORIDA CIRCUS INC . PLACE : LUZERNE RD . CIRCUS FIELD DATE : JULY 1ST . 1983 AND BE IT FURTHER RESOLVED, THAT THE TOWN CLERK IS -HEREBY AUTHORIZED AND DIRECTED TO ISSUE A PERMIT TO THE AFORESAID SPONSOR UPON RECEIPT OF PROOF OF LIABILITY INSURANCE IN THE AMOUNT OF NOT LESS THAN $500, 000/$1, 000, 000 . 00 BODILY INJURY LIABILITY AND $50, 000 PROPERTY DAMAGE LIABILITY INSURANCE . DULY ADOPTED BY THE FOLLOWING VOTE : I AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS . WALTER j i NOES : NONE ABSENT: NONE RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF PROPOSED LEASE AGREEMENTS i _RESOLUTION N0. 133, INTRODUCED BY MRS . BETTY MONAHAN, WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL MORRELL : WHEREAS, IN CONNECTION WITH THE OPERATION OF THE SUMMER RECREATION PROGRAM BY THE TOWN OF QUEENSBURY, HAROLD HANSEN, QUEENSBURY RECREATION DIRECTOR, HAS RECOMMENDED TO THE TOWN BOARD THAT RECREATION ACTIVITIES BE PROVIDED IN VARIOUS AREAS OF THE TOWN, AND WHEREAS, THE TOWN OF QUEENSBURY IS PRESENTLY NOT THE OWNER OF LANDS IN THESE VARIOUS AREAS OF THE TOWN THAT WOULD BE SUITABLE FOR RECREATION ACTIVITIES TO BE CONDUCTED BY THE TOWN OF QUEENSBURY RECREATION DEPARTMENT THEREON, AND 216 WHEREAS, HAROLD HANSEN HAS MADE TENTATIVE ARRANGEMENTS, SUBJECT TO THE APPROVAL OF THE TOWN BOARD,R WITH E TH OWNERS OF CERTAIN LANDS, IN NORTH QUEENSBURY, SOUTH QUEENSBURY, WEST GLENS FALLS, AND BAY RIDGE RESPECTIVELY TO LEASE SAID LANDS FOR USE IN CONNECTION WITH THE TOWN 'S SUMMER RECREATION PROGRAM, AND WHEREAS, HAROLD HANSEN HAS RECOMMENDED TO THE TOWN BOARD R THAT THE TOWN OF QUEENSBURY LEASE SAID LANDS FOR RECREATION PURPOSES FOR THE PERIOD FORM JUNE 27 TO AUGUST 19, 1983, AND WHEREAS, HAROLD HANSEN HAS INFORMED THE TOWN BOARD THAT HE HAS INSPECTED THESE FIVE PARCELS OF LAND AND HAS FOUND EACH TO BE SUITABLE AND APPROPRIATE FOR RECREATIONAL PURPOSES, AND i WHREAS, WILSON MATHIAS, COUNSEL TO THE BOARD, HAS PREPARED PROPOSED WRITTEN LEASES, COPIES OF WHICH ARE ANNEXED HERETO RELATIVE TO THE LEASING OF THESE FIVE PARCELS OF LAND UNDER THE TERMS AND CONDITIONS SPECIFIED THEREIN, AND WHEREAS, IT WOULD SERVE A LEGITIMATE TOWN PURPOSE TO PROVIDE SUMMER RECREATIONAL PROGRAMS IN NORTH QUEENSBURY, SOUTH QUEENSBURY, WEST GLENS FALLS, AND BAY RIDGE, AND i WHEREAS,. THE TERMS AND CONDITIONS SET FORTH IN EACH OF THE PROPOSED LEASES APPEAR TO BE REASONABLE, NOW, THEREFORE BE IT RESOLVED, THAT THE TOWN OF QUEENSBURY ENTER INTO WRITTEN LEASE AGREEMENTS WITH THE RESPECTIVE OWNERS OF THE AFORESAID FIVE j PARCELS OF LAND FOR A PERIOD FROM JUNE 27, 1983 TO AUGUST 19, 1983 UNDERlTHE TERMS AND CONDITIONS OF THE PROPOSED LEASE AGREEMENT ANNEXED HERETO, AND BE IT FURTHER RESOLVED, THAT FRANCES J . WALTER, SUPERVISOR BE AUTHORIZED AND EMPOWERED TO EXECUTE SAID LEASES ON BEHALF OF THE TOWN OF QUEENSBURY AND BE IT FURIHER RESOLVED, THAT UPON EXECUTION OF THE LEASE PERTAINING TO THE BAY RIDGE AREA BY ELVA MCDERMOTT, OWNER OF SAID PREMISES, ONE HUNDRED DOLLARS ($100 . 00) BE PAID BY THE TOWN OF QUEENSBURY FROM --^--�, THE APPROPRIATE ACCOUNT TO MRES . MCDERMOTT FOR THE LEASE OF THIS PROPERTY. ti DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR MORRELL, MRS. MONAHAN, MRS . WALTER NOES : NONE j ABSENT : NONE COUNCILMAN EISENHART- REQUESTED THAT THE SUPERVISOR CONTACT MR. HANSEN IN REGARD TO A PROBLEM WITH THE AREA IN NO. QUEENSBURY . . . ITEMS NOT CLEANED UP PAINT ETC. RESOLUTION TO REAPPOINT RESOLUTION NO. 1 4, INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION, SECONDED BY DR. CHARLES EISENHART : WHEREAS, THE TERM OF ROBERT EDWARDS OF THE CEMETERY COMMISSION IS DUE TO EXPIRE ON JUNE 30, 1983 AND WHEREAS, THE TOWN BOARD OF THE TOWN CF QUEENSBURY DESIRES TO REAPPOINT MR. EDWARDS TO THE CEMETERY COMMISSION, NOW, THEREFORE BE IT RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY HEREBY REAPPOINTS MR. ROBERT EDWARDS TO THE CEMETERY COMMISSION EFFECTIVE JULY 1, 1983 FOR A TERM OF THREE YEARS THROUGH JUNE 30, 1986 . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. QLSON, DR. E S�-NKART, MR. MORRELL,, MRS, MONAHANr MRS . WALTER NOES : NONE ABSENT : NONE i i i RESOLUTION TO APPROVE GAMES OF CHANCE LICENSE �1 RESOLUTION NO 135, INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MRS. BETTY MONAHAN : RESOLVED, THAT GAMES OF CHANCE NO . 2307 BE AND HEREBY IS APPROVED ALLOWING THE QUEENSBURY V. F.W. POST 6196 TO HOLD GAMES OF CHANCE ON JULY 21ST. 1983 THROUGH JULY 23RD. 1983 . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 136, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL OLSON : WHEREAS, RICHARD HERMANCE SR. HAS MADE APPLICATION IN ACCORDANCE WITH PARAGRAPH 2 CC) 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 ON DAWN AVENUE, 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 REQUESTED BY SAID APPLICATION, AND WHEREAS, THE TOWN BOARD HAS REQUESTED THAT IT BE DETERMINED THAT THERE ARE NO UNPAID TAXES ON THE PROPERTY AND THAT IF SUCH EXISTS THAT ALL TAXES BE PAID BEFORE A PERMIT IS ISSUED. NOW, THEREFORE BE IT RESOLVED, THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE, PERMISSION IS HEREBY GIVEN TO RICHARD HERMANCE SR. TO LOCATE A MOBILE HOME AT PROPERTY SITUATED AT DAWN AVENUE 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 f COUNCILMAN OLSON-I DO NOT HAVE A REAL PROBLEM WITH THE QUESTION OF WHETHER THE--TAXES ARE PAID OR NOT ON THE LAND-I THINK IT IS UP TO THE INDIVIDUAL THAT IS SELLING THE LAND AND THE PERSON WHO IS PURCHASING IT, IT IS SOME- TWING THEY HAVE TO WORK OUT BECAUSE I AM REALLY MORE CONCERNED ABOUT THE GRANTING PERMISSION TO PUT THE MOBILE HOME THERE AND COVERING'= THE ORDINANCE-+ " I THINK THAT THE APPLICANT SHOULD BE SURE THAT HE HAS A CLEAR TITLE TO THAT LAND BEFORE HE PUTS IT THERE-YOU MIGHT FIND YOURSELF IN SOME SERIOUS PROBLEMS THAT YOU CAN 'T DO ANYTHING ABOUT IN THE FUTURE. RESOLUTION TO APPROVE LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES LOCAL LAW 03 RESOLUTION N0, 137, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MRS . BETTY MONAHAN : WHEREAS, A NEED FOR A MORE ENFORCEABLE LAW WAS NEEDED TO REGULATE i UNSAFE BUILDINGS AND COLLAPSED STRUCTURES IN THE TOWN OF QUEENSBURY, AND WHEREAS, A- PUBLIC HEARING WAS HELD ON JUNE 28, 1983 IN WHICH ALL PERSONS WERE HEARD BOTH tN FAVOR OF AND OPPOSED TO SAID LAW AIUD SAID PUBLIC f 218 HEARING WAS DULY PUBLISHED IN ACCORDANCE WITH LAW BY THE TOWN CLERK, NOW, THEREFORE BE IT RESOLVED, THAT A LOCAL LAW ENTITLED ' 'A LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES' ' IS HEREBY APPROVED AND SAID LOCAL LAW BECOMES EFFECTIVE UPON FILING WITH THE SECRETARY OF STATE OF THE STATE OF NEW YORK. DULY ADOPTED BY THE FOLLOWING VOTE : AYES MR. OLSON, DR. EISENHART, MR. MORRELL, MRS. MONAHAN, MRS. WALTER NOES : NONE ABSENT : NONE LOCAL LAW j i A LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES Be it enacted by the Town - Board of the Town of `i Queensbury. { SECTION 1. Purpose. Unsafe buildings pose a threat to i life and property in the Town of Queensbury. Buildings and structures may become unsafe by reason of damage by fire, the elements , age or general deterioration. Vacant buildings not properly secured at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as a point of congregation by vagrants and transients . A dilapidated building may also serve as a place of rodent infestation thereby creating a health menace to the community. It is the purpose of this local law to provide for the safety, health, protection and general welfare of i persons and property in the Town of Queensbury by requiring such unsafe buildings to be repaired or demolished and removed. SECTION 2 . This local law shall be known as "Unsafe Buildings Law" of the Town of Queensbury. SECTION 3 . Definitions ( 1 ) "Building" means - any building, structure or portion thereof used for residential , business or industrial purpose or accessory thereof . ( 2 ) 1 i i 219 "Building Inspector" means the Building Inspector of the Town of Queensbury or such other person appointed by the Town Board to enforce the provisions of this local law. SECTION 4 . Investigation and Report . When in the Building Inspector's opinion or upon receipt of information that a building ( 1 ) is or may become dangerous or unsafe to the general public, (2 ) is open at the doorways and windows making it accessible to and an object of attraction to minors under eighteen years of age, as well as to vagrants and other trespassers , ( 3 ) is or may become a place of rodent infestation, (4 ) presents any other danger to the health, safety, morals and general welfare of the public or ( 5 ) is unfit for the purposes of which it may lawfully be used, he shall cause or make an inspection thereof and report in writing to the Town Board his findings and recommendations in regard to its repair or demolition and removal . SECTION 5 . Town Board Order. The Town Board shall thereafter consider such reports and by resolution determine, if in its opinion the report so warrants , that such building is unsafe and dangerous and order its repair if the same can be safely repaired or its demolition and removal, and further order that a notice be served upon the persons and in the i manner provided herein . . f SECTION 6 . Notice : Contents . The notice shall contain the following: ( 1 ) a description of the premises , ( 2 ) a i 2 1 I I i 220 statement of the particulars in which the building is unsafe or dangerous , ( 3 ) an order outlining the manner in which the building is to be made safe and secure , or demolished and removed, ( A ) a statement that the securing or removal of such building shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter, unless for good cause shown such time , shall be extended ( 5 ) a date, time and place for a hearing before the Town Board in relation to such dangerous or unsafe building, which hearing j shall be scheduled not less than five business days from the date of service of the notice and ( 6 ) a statement that in the I event of neglect or refusal to comply with the order to secure or demolish and remove the building, the Town Board is i authorized to provide for its demolition and removal, to assess all expenses thereof against the real property on which it is located and to institute a special proceeding to collect the costs of demolition including legal expenses . SECTION 7 . Service of Notice . The said notice shall be served ( 1) by personal service of a copy thereof upon the owner, executor, administrator, agent , lessee or any person having vested or contingent interest in such unsafe building as shown by the records of the Receiver of Taxes ( or Tax Collector ) or of the County Clerk; or if no such person can be reasonably found by mailing such owner by registered mail , l 3 t 1 j i i 221 a copy of such notice directed to his last known address as �.� shown by the above records and ( 2 ) by personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found and ( 3 ) by securely affixing a copy of such notice upon the unsafe building. I SECTION 8. A copy of the notice served as provided herein shall be filed in the office of the County Clerk of the County of Warren. SECTION 9 . Refusal to Comply. In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town �-- Board shall provide for the demolition and removal of such building or structure either by town employees or by contract . Except in an emergency as provided in Section 11 hereof , any contract for demolition and removal of a building in excess of $5 , 000 .00 shall be awarded through competitive bidding. SECTION 10 . Assessment of Expenses . All expenses incurred by the Town in -connection with the proceedings to repair and secure or demolish and remove the unsafe building, i including the cost of actually removing such building, shall be assessed against the real property on which such building is located and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy 4 4 1 i I 222 and collection of special ad valorem assessments . SECTION 11 . Emergency Cases . Where it reasonably appears that there is present a clear and imminent danger to the life , safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Building Inspector immediately to cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be charged against the real i property on which - it is located and shall be assessed, levied and collected as provided in Section 10 hereof . SECTION 12 . If any court of competent jurisdiction I shall adjudge and determine that some portion or provisions of this local law are invalid, such judgment shall not affect the validity of the remaining portion or provisions of this local law. SECTION 13 . Upon the effect date of this local law Town of Queensbury Ordinance Number 31 is hereby repealed. SECTION 14 . This local law shall take effect immediately upon filing thereof in the office of the Secretary of State . a 1 i 5 7 223 DISCUSSION REGARDING PROPOSED LOCAL LAW JUNK YARDS TOWN COUNSEL- REQUESTED TWO CHANGES BE MADE : PAGE 7 AFTER THE WORD MATERIAL_'ADD "CLASSFIED AS JUNK UNDER THIS LOCAL LAW"-WHAT THAT DOES IS MAKES IT CLEAR THAT IF THE MATERIAL IS JUNK RATHER THAN BEING SOLD AS ITS ENTIRITY, NOT AS SALVAGE THAT, THAT MATERIAL COULD BE PUT IN FRONT OF THE FENCE. . . .ANOTHER SUGGESTION THE INSPECTION T T IS MADE BY THE BUILDING DEPARTMENT BE ALONG WITH A LICENSED D_ISMANTh.AS AN ADVISORY CAPACITY. . . COUNCILMAN EISENHART-THAT "WOULD BE CUMBERSOME . . . COUNCILMAN OLSON-WHERE WOULD YOU GET THE LICENSED DISMANTLER FROM, FROM ANOTHER YARD TO INSPECT HIS COMPETITIONS YARD? I DO NOT LIKE THE IDEA. . . COUNCILMAN EISENHART- I DO NOT WANT TO PUT IN THAT EVERY TIME THE BUILDING INSPECTOR GOES TO INSPECT A JUNK YARD-HE HAS TO DIG UP SOMEBODY TO GO ALONG WITH HIM. COUNCILMAN MONAHAN- QUESTIONED SET BACK REQUIRMENTS FOR MATERIAL STORED OUT SIDE THE FENCE . . . SUPERVISOR WALTER- NOTED THAT THERE SHOULD BE WRITTENlIN REGARD TO VISIBILITY AROUND THE STORED VEHICLES OR EQUIPMENT OUTSIDE THE FENCE . . . COUNCILMAN MONAHAN- THEY SHOULD BE BACK FROM THE EDGE OF THE ROAD TEN OR FIFTEEN FEET FROM-THE RIGHT OF WAY TO GIVE GOOD VISIBILITY. . . COUNCILMAN OLSON- IT SHOULD BE NOTED THAT DISMANTLING OR REPAIRS MUST BE DONE INSIDE THE FENCE. . . RESOLUTION TO TABLE RESOLUTION N0. 138 . INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MRS . BETTY MONAHAN : RESOLVED, THAT THE PROPOSED LOCAL LAW 44 JUNK YARDS BE TABLED TO ALLOW TOWN COUNSEL TO MAKE CERTAIN REVISIONS AS BROUGHT FORTH IN THE PUBLIC HEARING. CLULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON.. DR. EISENHART, MR. MORRELL, MRS . MONAHAN., MRS . WALTER NOES : NONE ABSENT : NONE COMMUNICATIONS -FUEL OIL BIDS 1983-1984 AS RECEIVED DEPARTMENT ASHTON FUEL BRIAN MEURS MABB OIL WATER DEPT. MAINTENANCE . 945 .970 . 9649 PINE VIEW . 945 . 970 . 9649 TOWN OFFICE BLDG. . 945 . 970 . 9649 WATER FIL. PLANT . 945 . 970 .9649 POLICE HIGHWAY . 945 . 961 . 9549 1 .005DIESEL . 971DIESEL .9549DIESEL LANDFILL 1 . 065KERO. 1 . 055KERO 1 . 0999KERO 1 . 005DIESEL . 990DIESEL . 9999DIESEL LAFAYETTE ST. . 945 . 970 . 9649 NON COLLUSIVE ATTACHED LTR. THOMAS FLAHERTY- RECOMMENDED THE FOLLOWING ASHTON FUEL- DELIVERY TO WATER DEPT. MAINTENANCE BLDG., PINE VIEW, TOWN OFFICE BUILDING, WATER FILTRATION PLANT, POLLICE HIGHWAY BLDG. AND LAYAYETTE STREET HOUSE 42 FUEL OIL i BRIAN MEURS-DELIVER TO LANDFILL FOR DIESEL AND KEROSENE MABB OIL-DELIVERY TO POLICE HIGHWAY BLDG. DIESEL DISCUSSION HELD- COUNCILMAN MORRELL ASKED MR. CHASE . . . DIDN''T WE HAVE PROBLEMS WITH BILLS WITH ASHTON FUELS . . .MR. CHASE, WHEN ASHTON PURCHASED OAK STREET OIL THERE WAS A PROBLEM WITH THE CHANGE OVERjI THINK IT WAS RESOLVING ITSELF, WE DID NOT HAVE A PROBLEM WITH DELIVERIES WHATSOEVER. . . COUNCILMAN OLSON- NOTED THAT HE HAD BEEN TOLD THAT THERE WAS A PROBLEM WITH THE BILLS BEING TURNED IN AFTER THE AUDIT WHICH HELD PAYMENTS UP, NOTED THE COMPANY KNEW WHEN THE BILLS WERE TO BE IN. . .REQUESTED A SEPERATE RESOLUTION FOR THE FUEL OIL . . . I JUST DO NOT FEEL COMFORTABLE AN VOTING FOR A FIRM WHEN WE HAVE TWO OTHER FIRMS f f'C TTY COMPETITIVE . . . TOWN CLERK NOTED THAT BILLS FOR FUEL OIL ARE NOW DONE EVERY THURSDAY ON THE UTILITY ABSTRACT . . . 224 RESOLUTION TO ACCEPT BID ON DIESEL AND KEROSENE RESOLUTION NO . 139, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL OLSON : WHEREAS, MR. THOMAS FLAHERTY SUPT . OF BUILDING AND GROUNDS FOR THE TOWN OF QUEENSBURY DID RECOMMEND THAT WE ADVERTISE FOR BIDS FOR DIESEL AND KEROSENE AND WHEREAS, THREE BIDS WERE SUBMITTED AND RECEIVED AN OPENED AT THE SPECIFIED TIME AND PLACE BY THE DIRECTOR OF PURCHASING/TOWN CLERK DONALD A. CHAS€, AND SUCH BIDS WERE THEN TURNED OVER TO MR. FLAHERTY FOR HIS RECOMMENDATION, AND WHEREAS, MR . FLAHERTY BY LETTER HAS RECOMMENDED THAT THE BID BE AWARDED TO BRAIN MEURS FOR DIESEL AND KEROSENE AT THE LANDFILL SITE AND TO MABB OIL FOR DIESEL AT THE POLICE HIGHWAY BUILDING, NOW, THEREFORE BE IT RESOLVED, THAT THE TOWN BOARD OF . THE TOWN OF QUEENSBURY HEREBY ACCEPTS THE BID OF BRIAN MEURS DIESEL AT LANDFILL AT . 990 AND KEROSENE AT THE LANDFILL AT 1 . 055 AND MABB OIL DIESEL AT THE POLICE HIGHWAY BLDG . AT . 9549 AND BE IT FURTHER RESOLVED, THAT THE FINANCING FOR SUCH MATERIAL IS IN THE 1983 BUDGET . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS . WALTER NOES : NONE ABSENT: NONE RESOLUTION TO ACCEPT BID ON 02 FUEL OIL RESOLUTION NO. 140, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED j FOR ITS ADOPTION, SECONDED BY MRS . FRANCES WALTER: WHEREAS, MR. THOMAS FLAHERTY SUPT . OF BUILDINGS AND GROUNDS FOR THE TOWN OF QUEENSBURY DID RECOMMEND THAT WE ADVERTISE FOR BIDS FOR #2 FUEL OIL AND WHEREAS, THREE BIDS WERE SUBMITTED AND RECEIVED AN 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 RECOMMENDATION, AND WHEREAS, MR. FLAHERTY BY LETTER HAS RECOMMENDED THAT THE BID BE AWARDED TO ASHTON FUEL FOR 02 FUEL OIL DELIVERIES TO THE FOLLOWING LOCATIONS : WATER DEPT. MAINTENANCE BLDG . , PINE VIEW, TOWN OFFICE BUILDING, WAFTER FILTRATION PLANT, POLICE HIGHWAY BLDG. , AND THE HOUSE ON LAFAYETTE STREET, NOW, THEREFORE BE IT RESOLVED, THAT THE TOWN BOARD OF THE )TOWN OF QUEENSBURY HEREBY ACCEPTS THE BID OF ASHTON FUELS FOR NUMBER 2 FUEL OIL AT THE FOLLOWING LOCATIONS : WATER DEPT. MAINTENANCE BLDG. , PINE VIEW, TOWN OFFICE BUILDING, WATER FILTRATION PLANT, POLICE HIGHWAY BLDG . , AND HOUSE ON LAFAYETTE STREET AND BE IT FURTHER RESOLVED, THAT THE FINANCING FOR SUCH MATERIAL IS IN THE 1983 BUDGET. 1 DULY ADOPTED BY THE FOLLOWING VOTE : 1 AYES : DR. EISENHART, MRS . MONAHAN, MRS . WALTER II' NOES : MR...-OLSON, MR. MORRELL ABSENT: NONE BID- HIGHWAY PICKUP ONE BID RECEIVED FROM FORD GARAGE CO. OF WARREN ST . GLENS FALLS, N.Y . DODGE 1983 PICKUP $12, 095 . 00 . . . . . TOWN CLERK - THE TOWN RECEIVED A LETTER FROM THE FORD GARAGE CO . STATING THAT AN ERROR HAD BEEN MADE IN THEIR BID AND AN ADDITIONAL 225 $160 . 00 IS TO BE ADDED. . . IF THIS CANNOT BE DONE THE BID IS WITHDRAWN . . . (LTR. ON FILE) SUPERVISOR WALTER- THAT ADDITIONAL AMOUNT CANNOT BE TAKEN ' INTO CONSIDERATION. . MR. NAYLOR- NOTED THAT NEXT YEAR THE TOWN WILL GO ONLY WITH STATE CONTRCT. . . IN THE HIGHWAY DEPT. BID-HIGHWAY GRADER SCHROON LAKE TRACTORS SCHROON LK. N.Y. - 770-A MODEL $81, 50Q . 00 NET . CONTRACTOR SALES ALBANY, N. Y. 720 MODEL $64, 790 . 00 NET. STATE EQUIPMENT LATHAM, N. Y. T600C MODEL $132, 600 . 00 43, 758 . 00 DISCOUNT 29, 892 . 00 TRADE IN 58, 950 . 00 MR. NAYLOR- REQUESTED THAT THE BIDS BE TABLED UNTIL THE NEXT MEETING FOR FURTHER STUDY. . AGREED UPON BY THE ENTIRE TOWN BOARD. . . BIDS TABLED. . . RESOLUTION TO ATTEND CONFERENCE RESOLUTION NO. 141, INTRODUCED BY MRS . BETTY MONAHAN WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL MORRELL : RESOLVED, THAT PERMISSION IS HEREBY GRANTED TO MR. THOMAS FLAHERTY AND MR. RALPH VANDUSEN TO ATTEND THE AMERICAN WATER WORKS CONFERENCE IN LATHAM, N. Y. ON JULY 28 AND BE IT FURTHER RESOLVED, THAT THE TOWN BOARD AUTHORIZES PAYMENT OF ALL REASONABLE AND NECESSARY EXPENSES . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS . WALTER NOES : NONE ABSENT : NONE SUPERVISOR WALTER- ANNOUNCED THAT MR. RALPH VANDUSEN IS THE CHAIRMAN OF THE AMERICAN WATER WORKS CONFERENCE. . . ANNOUNCED THAT THE HIGHWAY AUCTION WAS A SUCCESS . . . NET $7494. 00 THANKED MR. NAYLOR AND MR. MISSITA FOR THEIR WORK ON THE AUCTION . . . SUPERVISOR WALTER- ASKED FOR A FIVE MINUTE RECESS COUNCILMAN MONAHAN- ANNOUNCED THAT THE TOWN WILL ENTERTAIN PROPOSALS FROM ANY AGENTS FOR' INSURANCE FOR THE TOWN . . .MAKE AN APPOINTMENT WITH MRS .HOWE TO SEE OUR INSURANCE PROGRAM. . . REGARDING THE LIBRARY, MR. AUSTIN WILL GET BACK TO US REGARDING LONGER LIBRARY HOURS. . . COUNCILMAN EISENHART- NOTED THAT HE WAS STILL WORKING ON THE FIRE COMPANY AUDITS . . . OPEN FORUM 9 : 12 P . M. COUNCILMAN OLSON- PRESENTED TO THE TOWN BOARD FOR MRS . BOVEE SOME CHANGES SHE WOULD LIKE TO SEE IN THE NEW ZONING ORDINANCE. . . MRS . BOVEE- AS I UNDERSTAND IN THE PAST SEVERAL YEARS THEY HAVE REZONED THAT STREET, LIGHT INDUSTRIAL IT WAS RESIDENTIAL, I BELIEVE . SUPERVISOR WALTER- WHAT STREET? f 226 MRS . BOVEE- HOMER AVENUE . NOW, THIS BUILDING HAS ALWAYS BEEN THERE AQROSS THE STREET-THERE HAS BEEN NO PROBLEMS WITH THE PREVIOUS OWNERS, AND NOW THIS FELLOW MOVES IN AND HE STARTS WELDING OUT IN FRONT OF THE BUILDING, PAINTING OUT THERE . THERE ARE CARS CONSTANTLY ZOOMING IN AND OUT OF THERE AND I MEAN THEY TEAR IN AND OUT AT A GOOD RATE OF SPEED. THERE HAS BEEN EXCESSIVE TRAFFIC ON THE STREET, THEY HAVE ALL KINDS OF JUNK, THERE ARE OLD OIL BARRELSOTHERE IS AN OLD GAS TANK. THEIR OIL BARREL IS RIGHT OUT OF THE GROUND WHICH IS A FIRE HAZARD. THEY HAVE NO WATER THERE, THEY HAVE NO BATHROOM FACILITIES, THEY GO OUT IN THE WOODS, THIS LADY SEES THEM GO OUT IN THE WOODS . ON COUNCILMAN OLSON- THIS IS A PROBLEM FRAN THAT HAS BEEN GOING ONAHOMER AVENUE THERE IS A LARGE BARNjA LARGE GARAGE-IT USED TO BE A CONSTRUC- TION FIRM THAT WAS IN THERE . IT HAS BEEN AN ON GOING THING FOR A PERIOD OF TIME AND MRS . BOVEE TALKED TO ME AND I THINK ABOUT TWO WEEKS AGO THE BUILDING DEPARTMENT WAS DOWN THERE AND YOU WERE UP TO TALK TO MRS. HOWE MRS . WALTER' S SECRETARY. STEVE DID TALK TO ME AND I GUESS THAT DAY THE FIRE MARSHAL MADE A VISIT TO THE SITE AND FOUND SEVERAL VIOLATIONS `✓' IN THE BUILDING AND I HAVE NOT TALKED TO HIM ABOUT IT SINCE THEN. HE DID INSTRUCT THEM TO MAKE THESE CHANGES AND CORRECT DIFFICULTIES THAT WERE GOING ON IN THIS BUSINESS . REALLY THE COMPLAINTS ARE THAT THEY ARE WORKING OUT IN THE STREET AT NIGHT SANDING CARS, SANDBLASTING, PAINTING WELDING AND THE GD R% AND THE SMELLS THAT COME FROM THIS GO DIRECTLY ACROSS.' THE ROAD INTO THESE PEOPLES HOUSES AND THIS WAS NOT THE TYPE OF BUSINESS THAT WAS CONDUCTED AT THAT SITE PREVIOUSLY . ,OOUNCILMAN EISENHART- IT IS ZONED LIGHT INDUSTRIAL. -MRS . UNKNOWJT-HEY USED TO PICK UP THERR EQUIPMENT UP THERE AND GO AND YOU NEVER SAW THEM UNTIL THEY RETURNED THEIR EQUIPMENT, NOW THEY ARE THERE ALL DAY AND HALF THE NIGHT ALL SORTS OF DISTURBANCES AND THERE ARE CHILDREN CLIMBING IN AND OUT OF TRUCKS OVER THE TOP OF THE TRUCKS . WHEN YOU BACK OUT OF THE YARD THEY ARE RIGHT BEHIND YOUAIT IS JUST LIKE A MENAGERIE . MRS . BOVEE- THEY HAVE NOTHING TO KEEP THEIR TRASH INM.EVERY MORNING YOU CAN GO OUT ON YOUR LAWN AND PICK UP ANY NUMBER OF CUPS AND ANY NUMBER OF TRASH THAT CAN BE BLOWN BY A LIGHT WIND ON YOUR LAWN . MRS. UNKNOWN-THEY BURN TAR IN THE BACK. . . COUNCILMAN EISENHART- MACK, HAVE YOU LOOKED INTO THIS? MR. DEAN- I VISITED THE SITE ABOUT A MONTH AGO, STEVE LYNN HAS BEEN DOWN THEIR SINCE COUNCILMAN EISENHART- I UNDERSTAND THAT MR. BODENWEISER FOUND SOME DEFICIENCIES IN THE FIRE ORDINANCE, DID YOU FIND ANYTHING IN TERMS OF THE ZONING ORDINANCE? COUNCIMAN MONAHAN- DO YOU FEEL THAT IS A PERMITTED USE`. UNDER LIGHT INDUSTRIAL? MR. DEAN- CERTAINLY IT IS, HE IS IN THE LOCKER BUSINESS . COUNCILMAN MONAHAN- HE IS IN THE LOCKER BUSINESS . MR. DEAN-IT IS A TEMPORARY LOCATION-THE MAJORITY OF HIS BUSINESS IS DONE IN THE SUMMER TIME WHEN THE SCHOOL IS CLOSED. THEY REMOVE DAMAGED LOCKERS REPAIR THEM� PAINT THEM AND PUT THEM BACK IN AGAIN, BEFORE SCHOOL IS OPEN THAT IS WHAT THEIR BUSINESS IS . TALKING ABOUT PAINTING CARS AND TRUCKS HE MADE SOME KIND OF ARRANGEMENT WITH THE OWNER OF THE PROPERTY TO PAINT HIS VEHICLES FOR THE USE OF THE PROPERTY . I BELIEVE HE FIXED HIS WIFE ' S CAR AND PERHAPS HIS OWN . . . IT IS SOMEWHAT A GREY AREA THERE ARE PROBLEMS AS THERE ARE WITH ANY BUSINESS IN A RESIDENTIAL AREA WHAT CAN BE PROVED WITHOUT SITTING ON THE LOT. . . COUNCILMAN MONAHAN- WHEN YOU VISITED THISjHAD THEY BEEN CARRYING ON i BUSINESS OUTSIDE THE BUILDING? MR. DEAN- WHEN I WAS THERE HE WAS WORKING ON LOCKERS . COUNCILMAN MONAHAN- OUTSIDE THE BUILDING? MR. DEAN-INSIDE MRS . BOVEE- I BELIEVE WHEN MR. BODENWEISER CAMEIHE WAS WORKING OUTSIDE THE. BUILDING . THEY WOULD PUT THE LOCKER DOORS ON THE BACK OF A TRUCK AND WORK OUTSIDE, OUTSIDE THE BUILDING, THERE WERE FUME:5 FROM 227 WELDING, THEY DO THE MAJORITY OF THEIR BUSINESS OUTSIDE THE BUILDING . SUPERVISOR WALTER- THERE IS NOT TOO MUCH THAT WE CAN DO FOR YOU TONIGHT, THE ONLY THING I CAN SAY IS THAT WE CAN LOOK INTO IT FURTHER TO SEE WHETHER THERE IS ANY KIND OF VIOLATION OF ANY OF THE TOWN ORDINANCES INVOLVED. COUNCILMAN MONAHAN- I WONDER ABOUT THE FACT THAT SHOULD BE CHECKED� 10TO ABOUT THE BATHROOM FACILITES . . . IN THE HEALTH DEPT . I AM SURE YOU HAVE GOT TO HAVE BATHROOM FACILITIES AT EVERY BUSINESS PLACE . COUNCILMAN OLSON- IT IS A STRANGE SITUATION BECAUSE I ALWAYS THOUGHT THE LABOR DEPT. SAID YOU HAD TO PROVIDE FACILITIES FOR EMPLOYEES BUT THERE ARE BUSINESSES THAT DO NOT SUPPLY= RESTROOMS . SUPERVISOR WALTER- LOOK AT ALL THE THINGS THAT WE ARE REQUIRED TO DO UP AT THE .LANDFILL. AS I HAVE SAID THE ONLY THING THAT WE CAN DO IS LOOK INTO YOUR CHARGES� AS MR. DEAN INDICATED YOU CANtSET SOMEBODY UP THERE BUT IF 'WE FIND THAT THERE IS SOME KIN OF VIOLATION I AM SURE YOU WOULD BE WILLING TO SIGN SOME KIND OF COMPLAINT . MRS. BOVEE- IS THERE SOME KIND OF A WAY TO GET THESE RULES BACK INTO THE ORDINANCE? COUNCILMAN OLSON- THAT IS SOMETHING WE WILL HAVE TO REVIEW AS A BOARD AND PASS IT ON TO THE PLANNING BOARD, THAT IS PART OF THE PLANNING -BOARDS JOB THEIIR AREA, I THINK THAT IS SOMETHING WE WILL PASS ON TO THEM. MRS. BOVEE- YOU DO REALIZE THAT THIS IS ABOUT THIRTY FEET FROM OUR FRONT LAWN THAT THIS ACTIVITY IS GOING ON. COUNCILMAN OLSON IT IS A NUISANCE ESPECIALLY WITH THE PEOPLE THAT HAVE POOR HEALTH. SUPERVISOR WALTER- HOW LONG HAS THIS BEEN THAT THIS HAS ACCELERATED? - ; MRS. BOVEE- THIS SPRING MRS. UNKNOWN- SOMETIMES THEY GO TO TEN THIRTY, ELEVEN O 'CLOCK AT NIGHT. SOME OF THE ELDERLY :PEOPLE ARE AFRAID OF IS FIRE BECAUSE IT IS A REAL OLD BUILDING AND YOU SEE THE WELDING FLYING ALL OVER AND USUALLY WHEN YOU HAVE A FIRE IT IS AFTER EVERYBODY GOES HOME . . . THE GAS TANK IS ABOVE THE GROUND, IT DIDN 'T USED TO BE . SUPERVISOR WALTER- THOSE ARE THE TMI:NGS THAT OUR FIRE MARSHAL WOULD ABSOLUTELY PICK UP AND MAYBE HE HAS ALREADY SENT THEM NOTICE OF VIOLATIONS . WE WILL GET ON THAT AND GET BACK TO YOU IF THERE IS ANYTHING FURTHER WE NEED AS FAR AS INFORMATION IS CONCERNED, IF WE NEED YOU TO SIGN A COMPLAINT ON A PARTICULAR OCCASION WHEN THEY ARE IN VIOLATION . COUNCILMAN MONAHAN- ARE YOUR HOUSES IN A RESIDENTIAL ZONE? MRS . BOVEE- THEY HAVE REZONED THE WHOLE STREET LIGHT COMMERCIAL . . . COUNCILMAN MONAHAN- MACK DO YOU KNOW WHERE THAT LINE IS? MR. DEAN- I WOULD HAVE TO CHECK THAT ON THE MAP . . . COUNCILMAN MONAAAN-BECAUSE IF IT IS THERE HAS TO BE A SET BACK OF FIFTY FEET MR. DEAN- IT IS AN EXISTING BUILDING :- SUPERVISOR WALTER- IT IS AN EXISTING BUILDING BUT CHANGE OF OPERATION THESE LADIES ARE SAYING THAT IS NOT WHAT WAS DONE THERE ALTHOUGH THE BUILDING IS EXISTING THIS WAS NOT THE BUSINESS THAT WAS CARRIED ONE THIS IS A NEW BUSINESS . MR. DEAN- YOU HAVE A PERMITTED USE . . . MRS . BOVEE- AT LEAST THEY COULD DO THEIR WORK INSIDE THE BUILDING, AND NOT OUTSIDE THE BUILDING. COUNCILMAN OLSON- THIS TYPE OF BUSINESS IS NOT DANGEROUS REALLY IT IS _ANVYING TO YOU, THAT IS THE MAIN PROBLEM. I 22g UNKNOWN- IT IS CONDUCTED AS LATE AS TEN THIRTY AT NIGHT ON SOME NIGHTS UNKNOWN- THE WELDING EQUIPMENT HAS WARNINGS ON IT, USE PROPER VENTILATION WHEN BEING USED. MRS . BOVEE- THAT IS PROBABLY WHY THEY DO IT OUTSIDE. THIS IS A BUSINESS, AS YOU HAVE SAID) THAT ENTERED THAT BUILDING AS A RESIDENT OF THE STREET I WOULD LIKE TO KNOW WHY WE WERE NOT NOTIFIED THAT THIS BUSINESS WAS GOING TO BE PUT IN. . . SO THAT WE COULD HAVE A SAY ON IT . . . SUPERVISOR WALTER- IF IT IS ZONED AS LIGHT INDUSTRIAL A BUSINESS CAN GO IN THERE. . . UNKNOWN- IS THERE ANYWAY OF HAVING THE ZONING REVERSED BACK TO RESIDEN--- . ,� TIAL LIKE IT WAS, .THERE ARE ONLY TWO BUSINESSES ON THE STREET ONE ON THE CORNER AND THIS NUISANCE IN FRONT OF US . SUPERVISOR WALTER- WHAT WE WOULD DO IS TURN THIS OVER TO THE PLANNING BOARD AND THEY WOULD REVIEW IT•.THEY ARE THE ONES THAT MAKE THE RECOMMENDATIONS OF ANY ZONING CHANGES . . . .AS I HAVE INDICATED WHAT WE CAN DO HERE TONIGHT IS TAKE A LOOK AT WHAT THE PROBLEMS ARE AND SEE IF THERE IS SOMETHING THAT WE CAN DO TO RECTIFY THEM EITHER WITH THE BUSINESS PEOPLE OR WITH OUR OWN ORDINANCE, WE WOULD CERTAINLY LET YOU KNOW WHETHER IT CAN BE DONE OR NOT . . . LTR. - PETITION FROM RESIDENTS OF STEPHANIE LANE REQUESTING CHILDREN AT PLAY SIGNS OR SPEED LIMIT SIGNS. . . (ON FILE) MR. NAYLOR- REGARDING THE CHILDREN AT PLAY SIGNS I DO NOT LIKE THEM, IT GIVES THE CHILDREN A FALSE SENSE OF SECURITY, THE ROAD IS NOT A PLAY GROUND. . . WE WILL PLACE 30 MPH SIGNS ON THE STREET. . . MRS . SHEPARD- REQUESTED STREET LIGHTS AND THE, REST OF THE STREET PAVED. . . MR. NAYLOR- NOTED THAT THE REST OF THE STREET WAS NOT PAVED DUE TO THE FACT THAT THE DEVELOPMENT HAS NOT BEEN FINISHED. . . IT IS NOT IN THE PAVING SCHEDULE FOR THLS YEAR. . .NOTED HE WOULD RATHER NOT PAVE THE ROAD UNTIL THE REST OF THE HOUSES ARE BUILT . . . SUPERVISOR WALTER- NOTED THAT THEY WILL CHECK AND SEE IF THE STREET IS IN THE LIGHTING DISTRICT AN) THE LIGHTING COMMITTEE WILL THEN MAKE THEIR RECOMMENDATION . . . ATTORNEY SCHACHNER-I AM HERE AGAIN IN MY CAPACITY AS A LEGAL REPRESENTATIVE FOR THE RESIDENTS OF HUMMINGBIRD LANE-IT WAS REPRESENTED TO US AT A TOWN BOARD MEETING TWO WEEKS AGO THAT THE PERMIT FOR PLACEMENT OF A MOBILE HOME ALLEGEDLY ON BENNETT ROAD WHICH IS IN FACT AT THE END OF HUMMINGBIRD LANE WOULD BE RECONSIDERED AND THAT SOME TOWN BOARD DECISION WOULD BE ISSUED AT THIS TIME, WE WOULD LIKE TO KNOW WHAT THAT DECISION IS . SUPERVISOR WALTER- DOES THE BOARD WISH TO MAKE ANY COMMENTS TO MR. SCHACHNER' S REMARKS? COUNCILMAN EISENHART- MY PERSONNEL PREFERENCE IS THAT I WANT TO ASK THE HALL' S TO GET IN TOUCH WITH THE BEAUTIFICATION COMMITTEE, THE BEAUTIFICATION COMMITTEE HAS NO AUTHORITY BUT THEY ARE ADVISORY, AND I WANT TO SEE WHAT THE BEAUTIFICATION COMMITTEE CAN COME UP WITH IN TERMS OF HELPING FURTHER SCREEN THE THING FROM HUMMINGBIRD LANE . IF NOT COMPLETELY SCREENED THEN PERHAPS THE BEAUTIFICATION COMMITTEE COULD COME UP WITH SOME REASONABLE WAY IN WHICH IT CAN BE SCREENED. I WOULD LIKE TO SEE THE BEAUTIFICATION COMMITTEE TAKE A LOOK AT THIS AND SEE IF THEY CAN COME UP WITH SOME IDEAS THAT WOULD MAKE THE PEOPLE DOWN HUMMINGBIRD LANE HAPPIER AND YET NOT IMPOSE AN IMPOSSIBLY EXPENSIVE PROPOSITION ON THE HALL 'S . ATTORNEY SCHACHNER- IN RESPECT TO THE BEAUTIFICATION COMMITTEE I BELIEVE YOU ARE AWARE THAT THE BEAUFICIATION COMMITTEE DOES NOT ITSELF POSSESS BINDING AUTHORITY-YOU AS A TOWN BOARD DO HAVE THE AUTHORITY TO IMPOSE THE CONDITION ON PERMIT APPROVAL SUBJECT FOR EXAMPLE APPROVAL OF COMPLETE SCREENING FROM THE NEIGHBORHOOD WITH THE ADVICE OF THE BEAUTIFICATION COMMITTEE . WHAT I AM GETTING AT THEREFORE, IS THAT, YOU DO HAVE THE POWER AS THE TOWN BOARD TO IMPOSE A CONDITION AND TO INCLUDE AUTHORITY GRANTED IN THE SENSE TO THE PURPOSE-IN THIS CASE TO THE BEAUTIFICATION vCOMMITTEE, SUCH. THAT YOU CAN MANDATE THAT THE MOBILE HOME .IS COMPLETELY SCREENED FROM THE NEIGHBORHOOD. l SUPERVISOR WALTER- I JUST WANT TO PICK OFF ON WHAT YOU ARE SAYING, FIRST 229 OFF T DO-NOT THINK WE ARE SLUFFING ANY RESPONSIBILITY TO ANYBODY ELSE IN ANY DISCUSSIONS AS FAR AS DOC 'S IDEA OF GOING TO THE BEAUTIFICATION COMMITTEE, THOSE PEOPLE WORK WITH EVERGREENS, WITH PLANTS ALL THE TIME THEY WOULD BE THE ONES 'INDICATING TO THE HALLS WHAT WOULD BE QUICK GROWING WHAT WOULD KIND OF LUSH GREEN. ATTORNEY SCHACHNER- I AGREE THEY HAVE EXPERTISEITHAT CERTAINLY I AND PROBABLY THE TOWN BOARD DOES NOT HAVE BUT I DO NOT REMEMBER INDICATING ANY WAY THAT THIS TOWN BOARD WAS SLUFFING OFF OF ANY RESPONSIBILITY-ALL I AM SAYING IS THAT IN REFERENCE TO DR. EISENHART'S STATEMENTO THAT THE BEAUTIFICATION LACKS AUTHORITY I AM SIMPLY POINTING OUT THAT WHILE THE BEAUTIFICATION COMMITTEE IN AND OF ITS OWN RIGHT DOES NOT HAVE BINDING POWERS TO IMPOSE CONDITIONSjTHE TOWN BOARD DOES HAVE THAT KIND OF AUTHORITY AND YOU ARE ABLE AS A TOWN BOARD TO PASS THAT AUTHORITY FOR THE PURPOSE OF .THIS PERMIT ON THE BEAUTICIATION COMMITTEE . SUPERVISOR WALTER- WE WOULD RATHER HAVE THE BEAUTIFICATION COMMITTEE RECOMMEND TO US! AND NOT PASS THE 'AUTHORITY, THE BOARD ON NO OCCASION EVER RELINQUISHES ANY AUTHORITY. ATTORNEY SCHACHNER- IN OTHER WORDS YOU ARE INDICATING THAT YOU WOULD LIKE THE BEAUTIFICATION COMMITTEE TO WORK WITH THE HALLS AND HOPEFULLY SUPERVISOR WALTER- THAT IS WHAT THE -DR'S SAYING . COUNCILMAN EISENHART- I AM ONLY ONE . ATTORNEY SCHACHNER- I AM CERTAINLY WILLING TO HEAR THE RESPONSE OF THE BOARD. COUNCILMAN MONAHAN- I CONCUR WITH DR. EISENHART WE WOULD LIKE THE BEAUTIFICATION COMMITTEE TO ACT AS AN ADVISORY BODY AND I FEEL THAT THIS PROBLEM IS ONLY GOING TO BE RESOLVED WITH COOPERATION AMONG ALL THE PEOPLE INVOLVED. ATTORNEY SCHACHNER- I WOULD LIKE TO REQUEST, I COULD NOT AGREE MORE. I THINK COOPERATION OF ALL THE PEOPLE INVOLVED IS WARRANTED I THINK THAT IT IS WARRANTED ALL ALONG. I WOULD LI'KE�TO REQUEST-.'THAT MY CLIENTS BE INCLUDED IN THIS ALLEGED COOPERATION, THAT THE BEAUTIFICATION COMMITTEE CONTACT THEM AS WELL AS THE HALLS� SO THAT THEY HAVE SOME SAY IN THE MATTER. SUPERVISOR WALTER- THAT IS HIGHLY IRREGULAR. COUNCILMAN OLSON- WHAT IS THE REQUEST, THE REQUEST ISM YOU HAVE GOT PEOPLE THAT ARE COMPLANING THAT HAVE PRESENTED A PROBLEM TO US AND THEY ARE ASKING TO BE CONSIDERED TO SIT IN ON A JOINT MEETING WITH THE ADVISORY COMMITTEE THAT WILL RECOMMEND SOMETHING TO US AND TRY AND COMPROMISE THE SITUATION. WHY HAVE ONE PARTY THERE AND NOT THE OTHER PARTY? SUPERVISOR WALTER- WHY NOT HAVE THE DISMANTLER GO OUT WITH THE BUILDING INSPECTOR? COUNCILMAN OLSON- THAT IS DIRECT COMPETITION . ATTORNEY SCHACHNER- THAT IS A TOTALLY SEPERATE ISSUE, THE ISSUE INVOLVED HERE IS THAT I REPRESENT A GROUP OF NEIGHBORHOOD RESIDENTS WHO'S RIGHTS HAVE BEEN IN MY OPINION INFRINGED UPON . I THINK THAT THERE HAS BEEN SOME DISCUSSION BACK AND FORTH BETWEEN MYSELF AND THE TOWN BOARD AS WELL AS THE TOWN ATTORNEY AS TO THE EXTENT IN WHICH RIGHTS HAVE BEEN INFRINGED UPON . IT IS MY UNDERSTANDING THAT THE TOWN BOARD WISHES TO BE SOME WAY ACCOMODATING TO THE INTERESTS AND DESIRES OF MY CLIENTEL AND IF THAT IS THE CASE., I DON'T CONSIDER ANY WORTHLY COMPROMISE OR ANY ACCEPTABLE SOLUTION TO BE A ONE SIDED AFFAIRjWHEREBY THE BEAUTIFICATION '--- COMMITTEE CONTACTS AN APPLICANT WHO HAS NOT COMPLIED WITH THE REQUIREMENTS AFTER THE TOWN BOARD HAS NOT COMPLIED WITH THE ORDINANCE REQUIREMENTS AND LEAVING MY CLIENTS TOTALLY OUT OF THE PICTURE IN TERMS OF ANY COMPROMISE. I THINK THAT THE COUNCILMAN STATED THE ISSUE WELL AS WELL AS THE COUNCIL- WOMAN THAT THERE IS COOPERATION AMONG ALL THE PARTIES NEEDED AND IT SEEMS TO ME THAT COOPERATION AMONG ALL THE PARTIES REALLY INCLUDES THE GROUP OF RESIDENTS WHO ARE BEING AGGRIEVED BY THIS MOBILE HOME . SUPERVISOR WALTER- THE FACT THAT THE BEAUFICIATION COMMITTEE WOULD BE RECOMMENDING TO THE BOARD WHERE DO YOUR CLIENTS COME IN? ATTORNEY SCHACHNER- I AM SORRY I DO NOT FOLLOW THE QUESTION YOU AIM! ASKING ME. . . 234 SUPERVISOR WALTER- WE WOULD BE ASKING THE BEAUFICIATION COMMITTEE# WHO -�,4E FEEL HAVE SOME EXPERTISE IN THE MATTERITO RECOMMEND TO THE BOARD WHAT THEY FEEL WOULD BE NECESSARY FOR THE SCREENING . I AM ASKING YOUR WHERE DO YOUR CLIENTS COME INjARE THEY EXPERTS IN THE MATTER? ATTORNEY SCHACHNER- WELL, MY CLIENTS HAVE A UNIQUE EXPERTISE IN THIS MATTER, WHAT I AM REFERRING TO VERY SIMPLY IS THAT TO MY KNOWLEDGE NO MEMBERS OF THE BEAUTIFICATION COMMITTEE LIVE ON HUMMINGBIRD LANE . SUPERVISOR WALTER- WE ARE OPENIWOULD THEY LIKE TO BECOME A MEMBER} I HAVE SOLE AUTHORITY TO APPOINT . MM � ATTORNEY SCHACHNER- WELL, IAUILLING TO ASK MY CLIENTS THAT QUESTION, I DO NOT HEAR THEM JUMPING FOR IT . . .YOU ARE ASKING MEf AT WHAT STAGE DO I SUGGEST THAT MY CLIENTS BE PERMITTED TO PARTICIPATE IN THE DECISION MAKING PROCESS . I RESPOND TO THAT, THAT MY CLIENTS HAVE A UNIQUE EXPERTISE IN THIS MATTER SIMPLY THAT THEY ARE THE PEOPLE WHO ARE AGGRIEVED BY THIS MOBILE HOME AT THE END OF THE ROAD WHERE IT WAS NOT SUPPOSED TO BE PLACED IN THE FIRST PLACE : I WOULD REQUEST, IF I . MAY CONTINUEII WOULD REQUEST SUPERVISOR WALTER- I DO NOT KNOW WHETHER I WILL GIVE YOU THE FLOOR TO CONTINUE BECAUSE YOU HAVE CONSISTANTLY PUT WORDS IN THIS TOWN BOARD MOUTH. YOU ARE INTREPRETING, YOU HAVE., THE LAST TIME YOU WERE HERE AS YOU ARE NOW, WHAT THE TOWN BOARD' S FEELINGS WERE'jWHAT THEY SAID, BUT IT IS REALLY HOW YOU PERCIEVE IT BECAUSE I DO NOT AGREE WITH EVERTHING YOU SAID MR. SCHACHNER. ATTORNEY SCHACHNER- YOU ARE CERTAINLY FREE TO DISAGREE, ALL I HAVE DONE IS QUOTE OR PARAPHRASE DOCUMENTS I HAVE GOT WITH ME . . . SUPERVISOR WALTER- )OU HAVE PARAPHRASED YOUR OWN INTREPRETATION AND YOU HAVE BEEN OFF BASE ON . . . ATTORNEY SCHACHNER- I WILL ARGUE ' ANY SPECIFI,C : I.SSUE . . . I DO NOT SEE -ANY POINT TO THAT, I MAINTAIN THAT I HAVE REPRESENTED ACCURATE QUOTES OR PARAPHRASES OF TOWN BOARD MEETING MINUTESJI HAVE YET TO BE CALLED ON ANY DISCREPANCIES OR ANY FACTUAL MISREPRESENTATIONS OR INACCURACIES SUPERVISOR WALTER- WE WILL HAVE OUR ATTORNEY TAKE CARE OF THAT AT THE PROPER TIME . ATTORNEY SCHACHNER- THAT MAY UNFORTUNATELY ENSUE, THE ONLY FACTUAL INACCURACIES 1 AM AWARE OF WITH RESPECT TO THIS MOBIEE HOME PERMIT APPLICATION ARE THOSE THAT ACCOMPANIED THE :ORIGINAL APPLICATION . ALL I AM ASKING WHICH SEEMS TO ME A VERY REASONABLE REQUEST ON BEHALF OF THE NEIGHBORHOOD RESIDENTS IS THAT IN THE TOWN BOARD DECISION� WHICH I HAVE NOT HEARD AN OFFICIAL DECISION YET, BUT IF THE TOWN BOARD DECISION IS TO REFER THIS MATTER TO THE BEAUTIFICATION COMMITTEE I AM SIMPLY ASKING, AS I BELIEVE THE COUNCILMAN VERY WELL STATED, THAT MY CLIENTS BE CONSIDERED IN THIS DECISION MAKING PROCESS AND HAVE A VOICE IN WHAT EVER RECOMMENDATION IS MADE . THEY OBVIOUSLY HAVE A UNIQUE EXPERTISE IN THE MATTER AND THEY ARE THE PEOPLE SITUATED IN THE NEIGHBOR- HOOD WHO ' S VIEW IS IMPIN ED UPON BY THIS MOBILE HOME . PALL I AM REQUESTING IS THAT THEY BE M-IT116JE HAVE A VOICE IN THE RESOLUTION. . SUPERVISOR WALTER- THAT WOULD BE UP TO THE TOWN BOARD, I DO NOT THINK IT IS THE GREATEST IDEA IN THE WORLD, TO HANDLE IT THAT WAY BUT IF THE BOARD WOULD CONSIDER ONE PERSON FROM THE AREA TO BE AN REPRESENTATIVE . ATTORNEY SCHACHNER- IS THERE SOME LIMITATION ON THE"ABILITY OF` lTHE : � C BOARD' S RECOMMENDANCE THAT I AM NOT AWARE OF, YOU ARE HESITANT, IS THERE REASON FOR THE HESITANCY. SUPERVISOR WALTER- WHAT IS THE HESITANCY ON THE PART OF WHAT? ATTORNEY SCHACHNER- YOU SEEM HESITANT TO FOLLOW MY RECOMMENDATION AS WELL AS WHAT I BELIEVE IS THE RECOMMENDATION OF A TOWN BOARD MEMBER' . . . SUPERVISOR WALTER- WE WILL HAVE A VOTE HERE . ATTORNEY SCHACHNER- I AM AWARE OF THAT, IF YOU COULD ARTICULATE YOUR HESITANCY COUNCILMAN MONAHAN- MR. SCHACHNER-I THINK, YOU KNOW IN ALL PRACTICALITY 231 THIS MATTER IS GOING TO PROGRESS FURTHER AND FASTER WITH THE BEAUTIFICATION COMMITTEE COMING UP WITH RECOMMENDATIONS FIRST AND THEN PERHAPS YOUR PEOPLE HAVING COMMENTS ON THOSE RECOMMENDATIONS . IF YOU GET TOO MANY PEOPLE .'.AROUND A PROBLEM WHEN YOU ARE TRYING TO SOLVE IT, IT BECOMES VERY FRUSTRATING AND DOES NOT GET SOLVED AS QUICKLY. I THINK YOU ARE ASKING TO BE INVOLVED TOO SOON DOWN THE ROADjIT SHOULD HAPPEN A LITTLE FURTHER DOWN THE ROAD. ATTORNEY SCHACHNER- IF THE TOWN BOARD SHOULD SO DECIDE I WOULD MAKE A SECONDARY REQUESTS WHICH WOULD SIMPLY BEOTHAT YOU FORMALLY REQUIRE SOME INPUT EVEN IF NOT IN THE INITIAL STAGE OR THE INITIAL RECOMMENDATION BY THE BEAUTIFICATION COMMITTEE BUT SOME FORMALIZED METHOD OF INPUT j BY THE RESIDENTS . ALL I AM ASKING, WHICH I THINK IS A VERY REASONABLE REQUEST] IS THAT THE NEIGHBORHOOD RESIDENTS NOT BE SHUT OUT FROM HAVING �._ ANY `�QUOTE-UNQUOTE" COMPROMISE. WE REFER TO THE WORD COMPROMISE THEN AS THE COUNCILWOMAN HAS STATED WITH COOPERATION AMONG ALL THE PARTIES IS NEEDED AND I AGREE WITH THAT STATEMENT AND I AM A LITTLE BIT AT A �. LOSS AS TO HOW WE CAN HAVE COOPERATION OF ALL THE PARTIES WHILE WE ARE M15SING THE MOST IMPORTANT OR ONE OF THE MOST IMPORTANT GROUPS . I WOULD LIKE TO FURTHMORE, I WILL NOT REHASH ANY OF THE LEGAL GROUNDS THAT I WENT OVER TWO WEEKS AGOJI WOULD HOWEVER LIKE TO POINT OUT THINGS THAT I DID NOT POINT OUT AT THAT TIMEjNAMELY THAT THE TOWN ORDINANCE ITSELF PROVIDES BY TWO SPECIFIC MECHANISMSWHEREBYj MOBILE HOMES PERMITS CAN BE RECONSIDERED AND REVOKED AND I THINK IN A CAREFUL ANALYSIS OF THIS SITUATION THAT IS OCCURING AT HUMMINGBIRD LANE INDICATES THAT THE TOWN BOARD SHOULD RECONSIDER AND REVOKE THIS PERMIT. I WOULD FINALLY LIKE TO POINT OUT ALTHOUGH I AM NOT AWARE OF THE EXISTANCE OF THIS SPECIFIC CRITERIAII GATHER THAT MEMBERS OF THE TCWJ BOARD CONSIDER WHETHER THE APPLICANT HAS OR HAS NOT PAID TAXES TO BE ONE FACTOR IN DECIDING UPON GRANTING OR NOT GRANTING MOBILE HOME PERMITS . I WOULD LIKE TO POINT OUT AS OF YESTERDAY I WAS INFORMED BY THE COUNTY CLERK THAT THE APPLICANT IN THIS CASE IS SLIGHTLY OVER NINE HUNDRED DOLLARS IN PROPERTY AND COUNTY TAXES . AGAIN I - POINT THAT OUT FOR THE INFORMATION OF THE TOWN BOARD. WE WOULD ALSO LIKE TO AGAINJIS THERE AN OFFICIAL DECISION THAT WILL BE ITERATED AT THIS TIME?O SUPERVISOR WALTER-I COULD CALL THE QUESTION, ASK THE BOARD IF THEY CARE f TO REVOKE. . . 1 '— ATTORNEY SCHACHNER- MY QUESTION SIMPLY STEMS FROM THE FACT THAT WE WERE TOLD TWO WEEKS AGO THAT A DECISION WOULD BE ISSUED AT THIS TIME, AND WE WONDERED WHAT THAT DECISION IS . COUNCILMAN EISENHART- NO. WE WERE GOING TO ,CONSIDER IT FURTHER THERE WAS NO, TO THE BEST OF MY KNOWLEDGEI) WE NEVER SAID WE WERE GOING TO MAKE A DEFINITE DECISION . ATTORNEY SCHACHNER- ACTUALLY IT WAS YOUR OWN QUOTE IN THE MINUTES OF THE MEETING SIMPLY SAYING. . . SUPERVISOR WALTER- I WOULD CALL THE QUESTIONaWOULD I HAVE A MOTION HERE TO REVOKE THE PERMIT CF THE HALLS? I DO NOT HAVE ANYONE TO INTRODUCE THAT MOTION . . . DOES ANY OF THE BOARD WISH TO MAKE A COMMENT- TO MR'' SCHACHNER REMARKS? COUNCILMAN MORRELL-I WOULD LIKE TO GET THE BEAUTIFICATION COMMITTEE 'S FINDINGS AND HAVE THEM SHARE IT WITH THE RESIDENTS OF HUMMINGBIRD LANE AND THE TOWN BOARD COUNCILMAN EISENHART- I WILL MOVE THAT THE SUPERVISOR REFER TO MR. EDDY THE CHAIRMAN OF THE BEAUTIFICATION COMMITTEEj,OUR DESIRE TO HAVE THEIR INPUT,ON GIVING HIM THE DETAILS OF THE PROBLEM, OUR DESIRE TO HAVE THEIR INPUT ON WHAT MIGHT BE DONE TO FURTHER SCREEN THAT MOBILE HOME . AND THAT, HOW WILL WE PUT IT, THAT THE RECOMMENDATION BE FORWARDED TO MR. SCHACHNER)WOULD BE THE PERSON. . COUNCILMAN OLSON- NO, I DO NOT BELIEVE SO COUNCILMAN MONAHAN- WE WOULD RATHER WORK THEM OUT BEFORE THEY GO THAT FAR, I THINK WE HAVE BEEN DOING THINGS AND JUMPING IN TOO FAST AND WE HAVE NOT BEEN FOLLOWING ORDERLY PROCEDURES. COUNCILMAN EISENHART- ONCE WE GET THEIR RECOMMENDATION THEN WE DECIDE . . COUNCILMAN MONAHAN- THEN WE WILL WORK WITH IT AND SEE IF ANYTHING FURRIER NEEDS TO BE DONE AND THEN WE WILL START BRING IN OTHER PEOPLE 232 COUNCILMAN EISENHART-OK, SO I WILL MAKE THE MOTION THAT THE SUPERVISOR ASK THE BEAUTIFICATION COMMITTEE TO IAKE A LOOK AT THIS SO THEY CAN SEE WHAT THEY CAN RECOMMEND. COUNCILMAN MONAHAN- I WILL SECOND THAT . COUNCILMAN OLSON- WHAT ARE WE GOING TO ASK THE BEAUTIFICATION COMMITTEE TO DO? WHAT ARE YOUR GUIDE LINES AND TIME . . . SUPERVISOR WALTER- I THINK WHAT THE QUESTION REALLY ISjTHE DR. INTRODUCED THE RESOLUTIONjI WOULD SAY FROM THE DISCUSSION THAT THE TOWN BOARD MEMBERS ARE NOT SATISFIED THAT THE TRAILER IS SCREENED AS WE HAD ANTICIPATED11WOULD BE . WHAT WE WOULD BE LOOKING FOR FROM THE BEAUTIFICATION COMMITTEE WOULD BE THEIR RECOMMENDATION AS TO EXACTLY j WHIT WOULD SCREEN THE TRAILER. . . COUNCILMAN EISENHART- THEY MAY COME IN AND SAY THERE IS NO WAY POSSIBLE IN WHICH CASE WE ARE BACK TO SQUARE ONE, AND HAVE TO TAKE OTHER- ACTION. I WANT AT LEAST TO GET THEIR INPUT . . . COUNCILMAN OLSON- I CAN UNDERSTAND THE QUESTION BEING RAISED FOR A RESOLUTION, YOU PICKED THE MOBILE HOME CHANGE THE PERMIT AND EVERTHING BUT I DO NOT THINK IT IS AT THAT POINT PRESENTLY IT MAY COME TO THAT POINT IN THE FUTURE OR AT SOME TIME, NO ONE CAN TELL THAT BUT IF WE HAVE A SITUATION WHERE THE PEOPLE WHO ARE MAKING THE COMPLAINT AND THE PEOPLE WHO LIVE THERE CAN DISCUSS THIS THING AND YOU ARE LOOKING AT ANOTHER COMMITTEE. I THINK ACTUALLY WHEN THE BEAUTIFICATION COMMITTEE MEETS WITH A DEVELOPER OR BUILDER THEY ARE NOT ONLY MEETING WITH THE COMMITTEE BUT THEY ALSO CALL IN THAT PERSONITHE PERSON WHO PUTS UP THE BUILDING THEY CALL IN RESIDENTS IN THE NEIGHBORHOOD AND DISCUSS GOING THROUGH THE WHOLE PROJECT AT ONE TIME I CANNOT SEE ANYTHING, FOR THE BEAUTIFICATION COMMITTEE TO MEET ON THEIR OWN AND THEN TALK WITH OTHER PEOPLEJYOU ARE TALKING WEEKS AND MONTHS . SUPERVISOR WALTER- THE BEAUTIFICATION COMMITTEE WILL BE MEETING WITH THE HALLS TO INDICATE TO THEM WHAT THEY EXPECT AND THEN MAKE THE RECOMMENDATION TO THE BOARD AT WHICH TIME BETTY INDICATED THAT COULD BE SHARED WITH THE RESIDENTS OF HUMMINGBIRD LANE BEFORE ANY DECISION IS MADE . COUNCILMAN OLSON- BUT TO SAVE A STEP� TO MOVE THINGS ALONGjTO PROGRESS THINGS FASTER BECAUSE WE ARE INTO JULY NOW, JULY, AUGUST, SEPTEMBER GOES ALONG RRETTY FAST] PRETTY SOON YOU ARE IN THE FALL AGAIN WHEN PLANTINGS CAN 'T BE--DONE . COUNCILMAN MONAHAN- THAT IS THE BEST TIME TO PLANT . . . SUPERVISOR WALTER- I DO NOT SEE THA% R*ERN THAT LONG . . . COUNCILMAN OLSON- I CAN PERCEIt1E:i_T.CARRYING ON THAT LONG] I UNDERSTAND HOW THINGS GET TIED UP SOMETIMES, SEPTEMBER, OCTOBER IS A GOOD TIME TO PLANT WHEN YOU HIT NOVEMBER IT COULD BE LATE IF WE GOT AN EARLY SNOW. WHAT I AM SUGGESTING ISMS THERE ANY OBJECTION THAT AT THE DICSUSSION WITH THE HALLSjTHAT YOU HAVE A MEMBER FROM THE HUMMINGBIRD AREA, IS THAT ANY PROBEEM? COUNCILMAN MONAHAN- . . . I THINK YOU SHOULD GET SOME KIND OF A PLAN AND THEN BRING THE PEOPLE INTO ITj OTHERWISE I THINK YOU ARE JUST_ GOING TO HAVE ONE OF THOSE THINGS YOU ARE JUST GOING TO RUN AROUND THE ROSES FOR DISCUSSION AND IT IS JUST NOT GOING TO GO ANYPLACE-YOU HAVE GOT TO HAVE SOMETHING, A FORMAL PRESENTATION TO WHICH YOU WANT TO SEE IT WILL MEET THEIR NEEDS . . . . COUNCILMAN OLSON- I STILL THINK YOU COULD ACCOMPLISH THE SAME THING i IN A SHORTER PERIOD OF TIME MAYBE DURING A MEETING HAVING PRO' S AND CONS AND COMPROMISES AND DISCUSSIONS AND COME UP WITH A RESULT IN THE FINAL STAGE AND ELIMINATE A MEETING, IT IS UP TO THE BOARD HOW THEY WANT TO HANDLE IT . ATTORNEY SCHACHNER- I THINK I SEE BOTH SIDES TO THAT IT SEEMS TO ME THATjPERHAPS I AGREE WITH THE COUNCILMAN ' S POINT OF VIEW, IN THAT RATHER THAN HAVE THE BEAUTIFICATION COMMITTEE MEET WITH THE APPLICANTS AND SPEND WHAT EVER AMOUNT OF TIME AND EFFORT THAT IS EXPENDED ON THAT AND DEVELOP SOME SET OF CRITERIA OR STANDARDS WHICH WOULD BE TOTALLY UNACCEPTABLE OR NOT EVEN ADDRESSING THE PRECISE PROBLEM OF MY CLIENTSjIT MIGHT BE MORE EFFICIENT IF WE COULD HAVE HIM PUT IN THE ADDITIONAL MEETING STAGE 233 AND WHAT I MIGHT BE WILD iO SAY HERE ISjTHAT WE WOULD WILLING TO LIMIT THE NUMBER OF REPRESENTATIVES OF OUR GROUP . I AM CERTAINLY SENGITIVE TO THE COUNCILMAN ' S POSITION THAT TOO MANY COOKS GETTING INVOLVED WILL SPOIL ITII DO NOT THINK IT WOULD BE IN THE BEST INTEREST OF EFFICIENCY TO HAVE FIFTEEN MEMBERS OF MY GROUP PRESENT TO DISCUSS THE PRO'S AND CONS OF THE VARIOUS ALTERNATIVES . I DO THINK THAT I AGREE WITH THE CO.UNCILMAN ' S POSITION THAT IT MIGHT BE MORE EFFICIENT TO HAVE BOTH PARTIES INVOLVED INITIALLY AND WE WOULD PROBABLY RE WILLING TO LIMIT THE NUMBER OF PARTICIPANTS OF OUR GROUP. THE ONLY OTHER THING I WOULD REQUEST IN LIGHT OF THAT MOTION FOR CLARIFICATION, IF THAT AT SOME STAGE OR ANOTHER WE BE FORMALLY ADVISED OF THE RESULTS AND THAT AT SOME STAGE OR OTHER WE HAVE OUR CHANCE TO VOICE OUR INPUT TO THE BEAUTIFICATION COMMISSION, AND THE ONLY OTHER REQUEST I WOULD MAKE THAT THERE BE SOME SORT OF TIME FRAME IN TERMS OF A RECOMMENDATION) OR RATHER SOLICITING A RECOMMENDATION FROM THE BEAUTIFICATION COMMITTEE I WOULD REQUEST SOME KIND OF TIME FRAME SO THAT, THAT RECOMMENDATION MUST BE RECEIVED BY THE TOWN BOARD SAY WITHIN A WEEK OR TWO WEEKS AT THE OUTSET, JULY 15TH OR SOMETHING LIKE THAT, SIMPLY BECAUSE THE MATTER HAS DRAGGED ON FOR QUITE SOME TIME . COUNCILMAN EISENHART- I CANNOT TAKE A VOLUNTEER COMMITTEE AND SAY THEY HAVE GOT TO PUT IT IN, IN TWO WEEKS . THEY ARE A GOOD COMMITTEE WITH A LOT OF PAST EXPERIENCE AND I CANNOT BELIEVE THAT THEY ARE JUST GOING TO SIT AROUND AND FORGET IT FOR SIX MONTHS . ATTORNEY SCHACHNER- IS THERE SOME TIME FRAME YOU WOULD BE WILLING TO PUT- IN? COUNCILMAN EISENHART- NO I WOULD NOT BE WILLING TO PUT ANY TIME FRAME ON IT WHEN WE HAVE A VOLUNTEER COMMITTEE WHICH DEALS WITH THESE THINGS WITH NO U-NERATION AND WE SIMPLY SAY WE HAVE GOT A PROBLEM, WILL YOU HELP US OUT. I WOULD HOPE THAT THEY WOULD DO IT IN TWO WEEKS BUT I AM NOT GOING TO PUT IMPOSITION UPON THEM OR AT LEAST I AM NOT IN FAVOR OF PUTTING. . . COUNCILMAN MONANHAN- I THINK THIS WILL COME IN FRONT 'OF THEM -AT THEIR NEXT MEETING WHICH WILL BE. . . IT USUALLY CONFLICTS WITH OUR TOWN BOARD MEETING OR WORKSHOP COUNCILMAN OLSON- IT IS WITH THE WORKSHOPyBETTY TOWN COUNSEL- IT IS THE FIRST TUESDAY COUNCILMAN EISENHART- IF THEY WANT TO INVITE MR. SCHACHNER OR SOMEBODY ELSE TO GIVE THEIR SIDE OF ITjTHAT IS ALL RIGHT WITH ME RATHER THAN TELL THEM THEY GOT. . . COUNCILMAN MONAHAN- I THINK THIS IS SOMETHING THE BEAUTIFICATION COMMITTEE SHOULD HAVE THE FREEDOM TO DECIDE HOW THEY WANT TO CONTINUE . . . COUNCILMAN OLSON- THE FIRST MEETING THEY HAVEJTHEY ARE NOT GOING TO MAKE ANY DECISION BECAUSE THEY ARE JUST GETTING THE INFORMATION-THEY DO GO OUT AND MAKE AN ON SITE INSPECTION, BUT I JUST THOUGHT FOR SPEEDING UP THE PROCEDURE WE MIGHT BE ABLE TO ACCOMPLISH MORE THAN ONE THING . . . SUPERVISOR WALTER-I ALSO DO NOT WANT TO OPEN UP A DONNYBROOK FOR THESE PEOPLE THAT ARE GETTING IN, IN THE MIDDLE OF THIS THING AND THEY ARE VOLUNTEERS AND ARE JUST GOING TO COME UP WITH WHAT THEY FEEL IS THE BEST WAY TO HANDLE THE SITUATION. COUNCILMAN' MONAHAN- THEY ARE GOING TO BE APPRAISED OF THE SITUATION AND IF THEY FEEL THEY WANT CONTACT RIGHT OFF THE BAT WITH THE RESIDENTS THAT IS GOING TO BE UP TO THE BEAUTIFICATION COMMITTEE IF THEY FEEL THEY WANT IT LATER DOWN THE LINE. . . COUNCILMAN EISENHART- THEY MAY SAY WE DO NOT WANT ANY PART OF THIS COUNCILMAN OLSON- WHICH THEY HAVE EVERY RIGHT TO DO� IT IS NOT A BUSINESS) IT IS NOT A COMMERCIAL ENDEAVOR GOING ON. SUPERVISOR WALTER- I THINK WHAT WE WILL DO HERE IS THAT I WILL CONTACT THE CHAIRMAN OF THE BEAUTIFICATION COMMITTEE AND GET TO WORK ON THIS -AND TRY TO EXPEDITE THIS AS QUICKLY AS POSSIBLE WITHOUT PUTTING THEM IN A TIME FRAME BUT HOPEFULLY IT WILL BE TAKEN CARE OF AT THE NEXT MEETING OR THE MEETING AFTER THAT. COUNCILMAN MONAHAN- I THINK MR. SCHACHNER, THAT YOU HAVE A MISCONCEPTION 234 HERE IN LOOKING AT THE LAST MEETINGS MINUTES, YOU HAVE SAID THIS SEVERAL TIMES, FOR PLANTING THE TREES IS TO COMPLETELY HIDETHE MOBILE HOME AND DR. EISENHART SAID N0, TO SCREEN IT, YOU MUST REALIZE WE MAY BE TALKING A LITTLE BIT DIFFERENT LANGUAGE THEN YOU ARE, WHEN WE SAY SCREEN) WE ARE NOT TALKING ABOUT COMPLETELY HIDING ITS WE ARE TALKING ABOUT TO SOFTEN THE EFFECT . ATTORNEY SCHACHNER- I AM BASING MY STATEMENT SIMPLY ON WHAT YOU AS A TOWN BOARD SAID ON DECEMBER 28TH COUNCILMAN MONAHAN- WE NEVER SAID COMPLETELY HIDfIT . ATTORNEY SCHACHNER- ON DECEMBER 28TH YOU TOLD ONE OF MY CLIENTS THAT YOU WERE IMPOSING CONDITIONS SO THAT THE AREA RESIDENTS WOULD NOT BE ABLE TO SEE THE MOBILE HOME BY THE SUMMERTIME. YOU HAVE A COPY OF THE MINUTES OF DECEMBER 28TH . COUNCILMAN EISENHART- THAT WAS A REMARK MADE IN DISCUSSION COUNCILMAN MONAHAN- I THINK WE HAVE BOTH GOT TO TALK ON THE SAME WAVE LENGTH, I THINK THAT NEEES TO BE BROUGHT OUT, I THINK THE TOWN BOARD AGREES WITH THAT STATEMENT . ATTORNEY SCHACHNER- I AM SORRY? COUNCILMAN MONAHAN-WE ARE NOT ASKING THEM TO COMPLETELY HIDEIT, SCREENING TO US DOES NOT MEAN COMPLETELY HIDCIT, IT ' S A SOFTENING OF THE EFFECT . ATTORNEY SCHACHNER- IS THAT A STATEMENT THAT THE TOWN BOARD WISHES TO ADHERE TO) INDICATING A CHANGE FROM ITS PRIOR POSITION? COUNCILMAN MONAHAN- THE BOARD NEVER MADE THAT PRIOR POSITIONS YOU TOOK A COMMENT IN A CONVERSATIONAL COMMENT=IN THE MEETING BY ONE PERSON AND MADE THAT THE CRITERIA OF THE BOARD, IT IS NOT A CRITERIA OF THE BOARD. ITTHHASE BE��yfiyy,R-TN BELABOR THE POINT SAY THE APPLICANT . .COUNCILMAN MONAHAN- DID IT SAY HIDEOR DID IT SAY SCREEN. IN THAT LETTER? ATTORNEY SCHACHNER- WELL IT SAID THAT BECAUSE, WELL I WILL QUOTE SPECIFICALLI IF YOU LIKEfMY BEST RECOLLECTION IS THAT BECAUSE TREES HAVE BEEN REMOVED SUCF THAT THE MOBILE HOME IS NOW VISIBLE TO THE RESIDENTSjAPPROPRIATE SCREENING SHOULD BE PLACED. COUNCILMAN MONAHAN- APPROPRIATE SCREENING COUNCILMAN EISENHART- TO CREATE SCREENING ALONG YOUR PROPERTY . . . COUNCILMAN MONAHAN- SCREENING DOES NOT MEAN HIDING I� ATTORNEY SCHACHNER- WELL MY ONLY COMMENT THERE ISjTHAT IT ADDRESSED THE .FACT THAT THE MOBILE HOME WAS NOW VISIBLE I NATIURALLY ASSUME THAT SCREENING TO ME IS SOMETHING TO REMEDY SOMETHING THAT WAS VISIBLE AND MAKE IT NOT VISIBLE . IS THERE A RESOLUTION IN TERMS OF RECOMMENDATIONS TO THE BEAUTIFICATION COMMITTEE ON THE FLOOR RIGHT NOW OR NOT? COUNCILMAN EISENHART- I MADE THE MOTION. SUPERVISOR WALTER- WE ARE STILL IN DISCUSSION . ATTORNEY SCHACHNER- I ONLY SAY THAT, BECAUSE I HAVE ONE RELATED BUT NOT EXACTLY ON POINT COMMENT')WHICH I WILL SAVE UNTIL AFTER A VOTE ON THAT RESOLUTION. I RESOLUTION REQUESTING ASSISTANCE FROM THE BEAUTIFICATION COMMITTEE R50 UTI_ON, Nn I4 _ INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MRS . BETTY MONAHAN: RESOLVED, THAT THE TOWN BOARD HEREBY REQUESTS THAT THE SUPERVISOR OF THE TOWN OF QUEENSBURY CONTACT THE QUEENSBURY BEAUTIFICATION COMMITTEE REQUEST- ING THAT THE COMMITTEE SUGGEST TO THE TOWN BOARD THERE IDEAS ON THE PROPER SCREENING OF THE STEVE HALL AND/OR THOMAS 8 FERN HALL MOBILE HOME ON THE j END GF BENNETT ROAD. j 235 DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS. WALTER NOES : NONE ABSENT : NONE ATTORNEY SCHACHNER- I JUST HAVE ONE FINAL COMMENTS I WILL NOT BELABOR THE POINTiTHE ONE FINAL COMMENT THAT T MADE A FREEDOM OF INFORMATION REQUEST FOR THE TOWN RECORDS PERTAINING TO PERMIT APPROVAL AND I WILL MAKE THE REPRESENTATION BASED SIMPLY ON THE INFORMATION I WAS GIVEN.-IF THERE HAS BEEN MORE INFORMATION SINCE THEN,THE SITUATION MAY HAVE CHANGED. BASED ON THE INFORMATION I RECEIVEDfPURSUANT TO THAT REQUESTj ALTHOUGH THE ORDINANCE SPECIFICALLY CALLS FOR PERMIT APPROVAL AS TO WATER SUPPLY AND SEWAGE DISPOSAL THE ONLY INFORMATION AS TO SUCH APPROVAL WITHIN THOSE RECORDS PERTAIN TO SEWAGE DISPOSAL THERE IS NO INFORMATION ABOUT APPROVAL OF WATER SUPPLY. IF THAT IS THE CASE THAT THERE IS NO WATER SUPPLY APPROVALjTHEN THE OR QUITE CLEARLY STATES THAT THE MOBILE HOME PERMIT MUST BE REVOKED- - -THE ORDINANCE STATES THAT AFFIRMA- TIVELY AND THAT UPON CERTAIN NOTICE AND SERVICE OF AN ORDER AND THAT INFACT THE PERMIT MUST BE REVOKED. THE MOBILE HOME SEWAGE TREATMENT AND WATER SUPPLY SYSTEM DISCONNECTED AND THE MOBILE HOME REMOVED FROM THE PREMISES . I WOULD LIKE TO POINT OUT THAT IF THAT IS STILL THE CASEiTHAT THE WATER SUPPLY APPROVAL WAS NOT GRANTEDITHEN THE MOBILE HOME WAS OCCUPIED ILLEGALLY AND IN FACT THE TOWN ORDINANCE, THE MOBILE HOME ORDINANCE SPECIFICALLY REQUIRES THAT THE PERMIT BE REVOKED AND THAT THE MOBILE HOME BE REMOVED. SUPERVISOR WALTER- THANK YOU FOR YOUR COMMENTS . COUNCILMAN OLSON- IT IS ON PUBLIC WATER NOT PRIVATE ATTORNEY SCHACHNER- THE ORDINANCE SIMPLY SAYS THAT THERE HAS TO BE APPROVAL . SUPERVISOR WALTER. . .WE WILL TALK TO COUNSEL ABOUT THAT . THANK YOU FOR YOUR COMMENTS . . IS THERE ANYONE ELSE WHO WISHES TO ADDRESS THE BOARD ON ANY SUBJECT? MRS . HALL-MY MOTHER TAUGHT ME A LOT GOOD OLD SAYINGS AND ONE OF THEM WAS WHEN YOU DEAL WITH INJUSTICE DON 'T LOWER YOURSELF TO THM LEVEL, AND I AM GOING TO TRY AWFUL HARD. THE TOWN BOARD HAS COVERED MOST OF THE POINTS I FELT THAT I SHOULD MAKE, THANK YOU. I DO NOT BELIEVE IT IS ANY-BODIES BUSINESS WHEN I PAY MY TAXES AND I WOULD LIKE IT ON THE RECORD THAT I AM ASSESSED FOR MORE THAN ANY OF THE PEOPLE IN THE MOUNTAINVIEW ESTATES . IF I HAVE COMPLIED BY SCREENING WITH THE TREES AND PUTTING ON THE SIDING) WOULD YOU CARE TO GRANT US OUR OCCUPANCY PERMIT? SUPERVISOR WALTER- I THINK THAT THE CONSENSUS OF THE BOARD WAS THAT THEY WERE NOT SATISFIED WITH THE SCREENING, AS IT NOW STAND TODAY. MRS. HALL-I DO NOT BELIEVE IT WAS YOUR INTENTION) AS YOU SAY THAT WE WERE TO HIDETHE TRAILER WITH THE TREES AND I DO NOT THINK ANY FIVE SIX FOOT TREES PLACED ANYWAY WOULD HIM IT. NOW, I PRICED SUPERVISOR WALTER- THAT IS WHY MRS . HALL WE ARE REFERRING THIS TO THE BEAUTIFICATION COMMITTEE, IF THEY CAN LET THIS BOARD KNOW, AS WE HAVE INDICATED THAT WE ARE NOT THE EXPERTS HERE, THAT THERE ARE SOME KIND OF EVERGREENS OR SOME: KIND OF BUSHES� WHATEVER., THAT CAN DO A BETTER SCREENING JOB THEN WHAT YOU HAVE THERE NOW) THEN THAT IS WHAT THEY y-- WOULD RECOMMEND. IF THEY FEEL THAT THERE IS NOTHING. THEN WE WILL HAVE TO TAKE ANOTHER LOOK AT THE SITUATION. MRS. HALL-' I ASKED LAST FALL HOW LONG IT WAS GOING TO GO ON AND I AM WONDERING THAT AGAIN TONIGHT. I DID PRICE SPRUCE TREES, SIX FOOT SPRUCE TREES STARTED AT $75 . 00 DOLLARS PER TREE AND FI\E OF THOSE WOULD RUN $150 . 00 DOLLARS . WE WENT THROUGH CHANNELS TO APPLY FOR THE PERMIT I COVERED THE POINTS ON WHETHER IT WAS CORRECTLY ADVERTISED LAST FALL I AM NOT GOING TO GO INTO THAT AGAIN, I THINK WE HAVE DONE EVERTHING THE WAY WE WERE SUPPOSED TO, TWO TOWN OFFICIALS TO CLARIFY THIS THE POINT THAT I TRIED TO MAKE LAST WEEK, TWO TOWN OFFICIALS TOLD ME NO ONE IN THAT DEVELOPMENT SAW THE AD IN THE PAPER AND THEN AFTER THE FACT ARE TRYING TO SAY THAT THEISAW IT BUT IT SAID BENNETT ROAD SO THEY DID NOT i 236 THINK IT PERTAINED TO THEM. IF YOU WANT TO TALK WITH THE BEAUTIFICATION COMMITTEE FINE) I WILL TALK WITH THEMjIF THEY WANT TO TALK WITH MTVIEW ESTATES FINE, I DO NOT WANT A JOINT MEETING . THAT IS ALL I HAVE TO SAY; THANK YOU. COUNCILMAN MONAHAN- MRS . HALL, WHEN DO YOU THINK YOU MIGHT FINISH THE SIDING? MRS . HALL- WELL THAT WAS THE PART THAT WE INTENDED TO BUILD ON TO AND I REALLY DO NOT KNOW. COUNCILMAN MONAHAN- YOU ARE GOING TO PUT AN ADDITION ON THERE? MRS . HALL- YES, THAT WAS IN OUR APPLICATION. THEY HAVE HAD A BABY SINCE THEY MOVED INTO THE TRAILER AND THERE IS NOT REALLY ROOM WHEN SHE GROWS UP. COUNCILMAN MONAHAN- WHEN YOU PLACED THAT TRAILER ON THE LOT WHICH ROAD WAS THAT BROUGHT IN BY? MRS . HALL- IT WAS BROUGHT IN OUR PRIVATE ACCESS ROADINOT THE ONE RIGHT BY OUR HOUSE, I CONSIDER THAT OUR DRIVEWAY I AM TALKING ABOUT THE LANE BETWEEN OUR DRIVEWAY AND OUR LOWER PROPERTY LINE WHICH BORDERS MT .VIEW ESTATES . COUNCILMAN OLSON- I AM CONFUSED? MRS. HALL- IF SOMEBODY HAD KNOCKED ON MY DOOR WAY BACK IN THE BEGINNING THERE PROBABLY WOULD NOT BE SO MUCH CONFUSION, I REALLY REGRET . COUNCILMAN OLSON- I REGRET ALSO THAT THE LOCATION I THOUGHT THE MOBILE HOME WAS GOING TO GO IN IS NOT WHERE IT IS SITTING TODAY AND I THINK BASICALLYNWHAT THE PROBLEMS HAVE BEEN . �YEf At i S MRS. HALL- WE WENT THROUGH THAT AND WE DECIDED THAT MY MAP WAS THE CORRECT MAP. j COUNCILMAN OLSON- I AM NOT SAYING WHAT I DECIDED ON AT THIS POINT, UNTIL I CHECK THE RECORDS BACK AND CHECK WITH OUR ATTORNEY. MY QUESTION WAS, WAS THE MOBILE HOME MOVE IN COMING OFF HUMM.I:NGBIRD OR OFF THE PRIVATE PROPERTY FROM BENNETT OR ELDRIDGE ROAD? MRS. HALL- THE MOBILE HOME CAME UP THE NORTHWAYjOUT GURNEY LANE OUT MT.VIEW LANE) DOWN AVIATION iIN BENNETT AND IN MY PRIVATE LANE WHICH LEADS TO MY BACK FIELD. COUNCILMAN OLSON- WHEN ELDRIDGE AND BENNETT COMES IN WHAT IS THE ROAD THAT CONNECTS THE TWO OF THEM? MRS . HALL- AS FAR AS I KNOW THERE IS NO NAME TO IT? I HAVE MAPS DATING BACK TO PROBABLY FIFTEEN YEARS AGO ALL IT SAYS IS BENNETT AND ELDRIDGE, AND I LIVE AT THE END OF BENNETT. MAY I SHOW YOU WHAT I HAVE IT WOULD PROBABLY TAKE THREE MINUTES . COUNCILMAN OLSON- THAT IS NOT NECESSARY, PAUL'S GOT THEM AND THE TOWN CLERK HAS GOT THEM ON FILE . IT IS NOT NEOESARY FOR ME TO SEE THEM] I AM NOT INTERESTED. MRS . HALL- YOU ARE POSING. THE QUESTION AND I HAVE THE ANSWER RIGHT HERE. COUNCILMAN OLSON- I WILL GET THEM FROM THE HIGHWAY SUPT . I WILL WAIT FOR PAUL TO GET THE MAPS OUT TO LOOK AT IT . I COULD NOT FIND IT ON THE MAP THAT I HAVE AT HOME I DO NOT KNOW IF IT IS ELDRIDGE-OR fF IT IS JUST A CONTINUATION AROUND THERE OR ITS JUST A NO MANS LAND AND SOMEBODY CONNECTED THE TWO AND RAN THE STREETS TOGETHER. WE WILL RESEARCH TO SEE IF WE HAVE A DEED TO IT OR IF IT IS A ROAD. MRS . HALL- THE PROPERTY ALL ORIGINALLY BELONGED TO THE BENNETT FAMILY FOR BENNETT ROAD AND THE ELDRIDGE FAMILY. SUPERVISOR WALTER- WE ARE TALKING ABOUT SCREENING I THINK WE ARE A LITTLE OFF BASE I REALLY DO, IS THERE ANYTHING FURTHER YOU WANT TO ADD MRS . HALL? MRS. HALL-NO THANK YOU . SUPERVISOR WALTER- DOES THE TOWN BOARD HAVE ANYTHING FURTHER TO 237 SAY? IS THERE ANYONE ELSE, YES, SIR MR, STEVEN HALL- IT IS MY TRAILER THAT ALL THE FUSS IS ABOUT AND I WOULD JUST LIKE TO, I AM NOT SUSPOSED TO BE UP HEREIMY MOTHER IS THE REPRESENTA- TIVE, I JUST GOT TO OFFER MY SERVICES TO ANYONE THAT WANTS TO HIRE A LANDSCAPER IT HAS BEEN REPORTED HERE THAT I CAN TRANSPLANT FIFTEEN OR TWELVE TREES IN FIFTEEN MINUTES AND I WOULD JUST LIKE TO GET THAT ON THE RECORD SO IF ANYONE WANTS TO HIRE A REALLY FAST TREE TRANSPLANTER I AM AVAILABLE. I WOULD LIKE TO STATE FURTHER THAT LAST FALL THE TOWN BOARD IMPOSED. THESE STIPULATIONS ON MY FAMILY AND ' WE PUT THE SIDING UP AND PUT THE TREES UP AND I BELIEVE THAT WE BENT OVER BACKWARDS WITH GREAT PER-SONA'L' EXPENSE TO MYSELF, WE INSTALLED THE SIDING AND PUT IN TWICE AS MANY TREES AS WE NEED TO-I DO NOT SEE ANY REASON FOR ANY FURTHER DELAY AT THIS TIME, THANK YOU . SUPERVISOR WALTER- IS THERE ANYONE ELSE WHO WISHES TO ADDRESS THE BOARD? WE REALLY ARE SPENDING A GREAT DEAL OF TIME ON THIS, WE HAVE HAD OUR -= RESOLUTION AS TO WHAT THE TOWN BOARD WISHES TO DO AND WE GOT A LITTLE BIT OFF BASE HERE AS TO WHAT WE ARE ACTUALLY SEARCHING FOR . . . ATTORNEY SCHACHNER-I WOULD SIMPLY LIKE TO STATE THAT. MR. HALL OR MRS . HALL; I AM NOT SURE WHICH INDICATED THAT THERE WAS NO EXPENSE AT ALL IN TERMS OF THE SCREENINGiTHAT THEY WERE GIVEN THE TREES . SUPERVISOR WALTER- THANK YOU. OK, MR. HALL AND THIS IS IT ON THE WHOLE SITUATION . MR, HALL, YOUR LAST PARTING COMMENTS . MR. HALL- THERE WAS NO EXPENSE IN REGARD TO THE TREES UNLESS YOU COUNT MY LABOR BUT THE SIDING COST APPROXIMATELY $150 . 00 EXPENSE, MRS . HALL- STEVEN DOES NOT HAVE A KNEE CAP BECAUSE HE GOT MUGGED IN CALIFORNIA AND THE DIGGING) WHICH WAS TWO DAYSj HE HAS HAD THREE VISITS TO A DOCTOR, EXCUSE ME FOUR VISITS TO A DOCTOR AND THREE KINDS OF -MEDICINE AND HIS KNEE IS STILL SWOLLEN THAT IS THE PERSONAL , EXPENSE. SUPERVISOR WALTER- THANK YOU. CLOSED OPEN FORUM. . . . LTR. ON FILE) PRESENTED BY MR. NAYLOR RE : HOMER ECKERSON PROPERTY j . . . RAISED THE BUILDING AND CLEARED THE LAND OF HOMER ECKERSON ON `- OGDEN ROAD COST $656 . 00 RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION N0 , 143 , INTRODUCED BY MR, DANIEL MORRELL WHO MOVED FOR ITS ADOPTION, SECONDED BY DR. EISENHART : RESOLVED, THAT THE AUDIT OF BILLS AS APPEARS ON ABSTRACT NO . 83-6E AND NUMBERED 1039 TO 1040 AND TOTALING $23, 820 . 00 BE AND HEREBY IS APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, MR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS . WALTER NOES : NONE ABSENT :NONE ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY, DONALD A. CHASE TOWN CLERK TOWN OF QUEENSBURY MEETING-QUEENSBURY BOARD OF HEALTH JUNE 28, 1983 BOARD PRESENT -APPLICATION FOR A VARIANCE OF J . D. WILSON OF REXFORD N.Y. PROPERTY ALONG GLEN LAKE . . .NOTED THAT THERE IS NOT ENOUGH SPACE DUE TO THE TERRAIN IN THE AREA TO PLACE THE SEPTIC SYSTEM. . . MR. DEAN- REVIEWED THE APPLICATION. . . I 238 RESOLUTION SETTING PUBLIC HEARING ON SET BACK VARIANCE RESOLUTION NO . 4 INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS I ADOPTTOR7 SECONDED BY MR. DANIEL MORRELL : WHEREAS, MR. J D WILSON OF REXFORD, N.Y. HAS APPLIED FOR A SET BACK VARIANCE FOR HIS PROPERTY ON GLEN LAKE AND ELM .ROAD PERTAINING TO A SEPTIC SYSTEM, NOW, THEREFORE BE IT RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS THE QUEENSBURY BOARD OF HEALTH WILL HOLD A PUBLIC HEARING ON JULY 12TH 1983 AT 7 : 30 P. M. AT THE QUEENSBURY TOWN OFFICE BUILDING, BAY & HAVIEAND RDS . GLENS FALLS, N. Y. 12801 REGARDING THE PROPOSED VARIANCE FOR THE J . D. WILSON( PROPERTY 04 GLEN LAKE AND ELM ROAD. I DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELLP MRS . MONAHAN, MRS . WALTER NOES : NONE ABSENT : NONE ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY, DONALD A. CHASE TOWN CLERK TOWN OF QUEENSBURY i I I i i