1983-08-09 263
QUEENSBURY TOWN BOARD MEETING AUGUST 1`69., 1983
TOWN BOARD MEMBERS PRESENT:
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
GUESTS: MR. TURNBULL
,...__ , LEAGUE L G E 0 F WOMEN VOTERS
TOWN OFFICIALS: MR. PAUL NAYLOR
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MORRELL
MEETING OPENED 7 : 42 P. M.
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO . 152, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED
FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL :
RESOLVED, THAT THE TOWN BOARD MINUTES OF JULY 26 , 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
DISCUSSION TO REPEAL THE FOLLOWING ORDINANCES
ORDINANCE N0. 11 BUILDING ORDINANCE OF THE TOWN OF QUEENSBURY
ORDINANCE N0 . 13 ESTABLISHING ASSEMBLY POINT RESIDENTIAL AREA
ORDINANCE NO. 14 ESTABLISHING PLUM POINT RESIDENTIAL AREA
ORDINANCE NO. 15 ESTABLISHING CLEVERDALE RESIDENTIAL AREA
ORDINANCE NO. 18 ESTABLISHING KATTSKILL BAY RESIDENTIAL AW A
ORDINANCE N0. 20 REGULATE SEWAGE DISPOSAL IN LAKE GEORGE PARK
SUPERVISOR WALTER—NOTED THAT THE ABOVE ORDINANCES WILL NOW BE COVERED
UNDER OUR NEW ZONING ORDINANCE AND SANITARY SEWER ORDINANCE. . .
RESOLUTION TO SET PUBLIC HEARING ON AN ORDINANCE TO REPEAL ORDINANCES
NO. 11 , 13 , 14 , 15 , 18-9120
RESOLUTION No tz, INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS
ADOPTION , SECONDED BY DR. CHARLES EISENHART :
WHEREAS, THE TOWN BOARD HAS PREVIOUSLY ENACTED AN ORDINANCE WHICH PROVIDES
FOR ENFORCEMENT OF STATE BUILDING CONSTRUCTION CODE , AND
WHEREAS, THE SAID ORDINANCE WAS DESIGNED TO SUPERCEDE AND CONTROL THE
REGULATIONS CURRENTLY CONTAINED IN ORDINANCE N0. 11 THEREBY RENDERING
ORDINANCE NO. 11 UNNECESSARY AND CONFUSING, AND
WHEREAS, THE TOWN BOARD HAS PREVIOUSLY ENACTED A ZONING ORDINANCE
IN THE TOWN OF QUEENSBURY , AND
WHEREAS, THE SAID ORDINANCES WAS, DESIGNED TO SUPERCEDE AND CONTROL
THE REGULATIONS CURRENTLY CONTAsIN90C IN ORDINANCES NO. 13 , 14 , 15 AND
18 THEREBY RENDERING THE ORDINANCES UNNECESSARY AND CONFUSING AND
WHEREAS , THE TOWN BOARD HAS PREVIOUSLY ENACTED AN ORDINANCE FOR
SANITARY SEWAGE DISPOSAL AND
WHEREAS, THE SAID ORDINANCE WAS DESIGNED TO-SUPERCEDE AND CONTROL
THE REGULATIONS CURRENTLY CONTAINED IN ORDINANCE NO. 20 THEREBY
264
RENDERING ORDINANCE N0. 20 UNNECESSARY AND CONFUSING , AND
WHEREAS , A PROPOSED ORDINANCE TO REPEAL ORDINANCES NO. 11 , 13 , 14 , 15 ,
18 ,AND 20 A COPY OF WHICH IS HERETO ANNEXED HAS BEEN PREPARED AND
PRESENTED FOR CONSIDERATION BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY ,
AND
WHEREAS, THE PROPOSED ORDINANCE IS WORTHY OF CONSIDERATION FOR LEGISLATIVE
ACTION , NOW , THEREFORE BE IT
RESOLVED , THAT A PUBLIC HEARING BE HELD CONCERNING THE PROPOSED ADOPTION
OF AN ORDINANCE TO REPEAL ORDINANCE N0. 11 , AND THAT SAID PUBLIC HEARING
BE HELD AT 7 : 30 P. M. IN THE MEETING Room OF THE TowN.u= QUEENSBURY
OFFICE BUILDING , BAY 6 HAVILAND ROADS , IN THE TOWN OF QUEENSBURY
WARREN COUNTY , NEW YORK ON AUGUST 23 , 1983 , AT WHICH ALL PERSONS
INTERESTED IN THE SUBJECT MATTER THEREFORE WILL BE HEARD, AND IT IS
FURTHER
RESOLVED , THAT THE TOWN CLERK BE HEREBY DIRECTED AND AUTHORIZED TO
PUBLISH AND PROVIDE NOTICE OF SAID PUBLIC HEARING AS MAY BE REQUIRED
BY LAW.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER
NOES : NONE
ABSENT : NONE
( PROPOSED ORDINANCE ON FILE )
COMMUNICATIONS
MOBILE HOME APPLICATION— JAMES C. VANGUILDER OF 9 LUZERNE RD. TO
LOCATE A MOBILE HOME ON THE CORNER OF LUZERNE AND HOLDEN AVENUE
MR. VANGUILDER PRESENT
i
COUNCILMAN EISENHART— THIS IS FOR YOU OWN RESIDENCE?
's
MR. VANGUILDER— YES
COUNCILMAN EISENHART— YOU ARE NOT GOING TO RENT IT?
MR. VANGUILDER— NO
COUNCILMAN EISENHART— IS— THERE A HOUSE ON THERE NOW?
MR. VANGUILDER— YES
COUNCILMAN EISENHART— WHAT ARE YOU GOING TO DO WITH IT?
MR. VANGUILDER— WE ARE GOING TO LEVEL IT .
COUNCILMAN OLSON— DO YOU OWN THE PROPERTY NOW?
MR. VANGUILDER— YES
COUNCILMAN EISENHART— QUESTIONED THE TWO DIAGRAMS?
MR. VANGUILDER- STATED THAT HE DREW THE TWO DIAGRAMS DEPICTING
THE POSSIBLE LOCATIONS THAT THE MOBILE HOME COULD BE PLACED IN. . .
NOTED HE WOULD RATHER FACE HOLDEN AVENUE, THEN A TREE AND GARAGE
WOULD NOT HAVE TO BE MOVED. .. .
i
COUNCILMAN OLSON— IS THIS A MODULAR OR DOUBLE WIDE?
MR. VANGUILDER- A DOUBLE WIDE. . .
COUNCILMAN EISENHART AND COUNCILMAN MORRELL-- REVIEWED THE SET BACK RE-
QUIREMENTS. . .
RESOLUTION TO AUTHORIZE PUBLIC HEARING
RF�nlllTYON NO 161 INTRODUCED BY DR, CHARLES EISENHART WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL OLSON :
I
265
WHEREAS , JAMES C. VANGUILDER HAS MADE APPLICATION �,N ACCoRDANCE_
WITH PARAGRAPH 2 ( C) SECTION 4 , OF AN ORDINANCE OF THE TOWN OF
QUEENSBURY ENTITLED ORDINANCE FOR THE REGULATION OF MOBILE HOMES
AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY,
NEW YORK, TO LOCATE A MOBILE HOME OUTSIDE AT PROPERTY SITUATED
AT THE CORNER OF LUZERNE RD. AND HOLDEN AVENUE ,AND
WHEREAS, IT IS HEREBY DETERMINED THAT SAID APPLICATION COMPLIES
WITH THE REQUIREMENTS OF SAID ORDINANCE , AND
WHEREAS, IT IS HEREBY DETERMINED THAT THE FACTS PRESENTED IN SAID
APPLICATION ARE SUFFICIENT TO JUSTIFY FURTHER CONSIDERATION BY THIS
BOARD , THEREFORE BE IT
I� RESOLVED, THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED
ORDINANCE , THE TOWN BOARD SHALL CONDUCT A PUBLIC HEARING ON SAID
APPLICATION ON AUGUST 23 , 1983 AT 7 : 30 P. M. IN THE QUEENSBURY TOWN
OFFICE BUILDING, BAY ROAD , AND THAT THE TOWN CLERK IS HEREBY AUTHORIZED
AND DIRECTED TO GIVE PROPER NOTICE OF SAID PUBLIC HEARING IN ACCORDANCE
WITH THE PROVISIONS OF SAID ORDINANCE .
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS. MONAHAN , MRS . WALTER
NOES : NONE
ABSENT : NONE
COUNCILMAN MONAHAN- ASKED WHERE MR. VANGUILDER LIVES?
MR. VANGUILDER- 9 LUZERNE ROAD
-LTR. PINE VIEW CEMETERY TO QSBY. TOWN BOARD RE : ATTANDANCE AT SEMINAR
BARRE , VERMONT AUGUST 17TH. ON FILE
RESOLUTION TO ATTEND MEETING
RFSO UTTON Nn ��?, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR
ITS ADOPTION , SECONDED BY MRS. BETTY MONAHAN :
RESOLVED , THAT PERMISSION IS HEREBY GRANTED TO MR. RODNEY MOSHER , PINE VIEW
SUPERINTENDENT TO ATTEND A MEETING SPONSORED BY LEE MEMORIALS IN BARRE ,
VERMONT ON AUGUST 17TH 1983 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
LTR. - THOMAS K. FLAHERTY TO TOWN BOARD RE : FALL MEETING AMERICAN WATER
WORKS ASSOCIATION ON FILE
RESOLUTION TO ATTEND CONFERENCE
RFSnIUTTnN Nn_, 1 &3, INTRODUCED BY MRS . BETTY MONAHAN WHO MOVED FOR ITS
j
ADOPTION , SECONDED BY MR. DANIEL MORRELL :
L-- RESOLVED , THAT PERMISSION IS HEREBY GRANTED TO MR. THOMAS FLAHERTY
AND MR. RALPH VANDUSEN TO ATTEND THE FALL MEETING OF THE AMERICAN WATER
WORKS ASSOCIATION , TO BE HELD AT GROSSINGER, NEW YORK SEPTEMBER
13-16 1983, AND BE IT FUTHER
RESOLVED, THAT THE TOWN BOARD AUTHORIZES PAYMENT OF ALL REASONABLE AND
NECESSARY EXPENSES.
DULY ADOPTED BY THE FOLLOWIING VOTE :
AYES : MR. OLSON . DR. EISENHART , MR, MORRELL , MRS, MONAHAN , MRS. WALTER
NOES : NONE
ABSENT; NQNE
266
SUPERVISOR WALTER- THIS CONFERENCE WILL NOT CONFLICT WITH THE SCHEDULE
IN BROAD ACRES , BY THAT POINT THEY SHOULD BE FINISHED IN LAYING THE
MAINS.
BID OPENING-2 :00 P. M. 8-1Q-83
PICKUP TRUCK - HIGHWAY
FORD GARAGE CO.
GLENS FALLS , N.Y. 1984 SWEPTLINE $11 ,975 . 00 NON COL. ATTACHED
MALTBIE 'S GARAGE
LAKE GEORGE , N.Y. 1984 $12 ,609 . 11 NON COL. ATTACHED
E
ORANGE MOTORS
ALBANY , N. Y. 1984 FORD
MODEL F250 6600 $11 ,777. 00
200 .00 FISCHER PLOW OPTION
560. 00 AXLE 4600 OPTION
MODEL F250 8600 $12 , 235 . 00
200 . 00 FISCHER PLOW OPTION
595 . 00 FRONT AXLE 4600 OPTION
NON. COL. ATTACHED
GRADER - HIGHWAY
CONTRACTORS SALES CO.
ALBANY , N.Y. CHAMPION MODEL 720 $58 , 50Q . 00 NON COL. ATTACHED
1983
STATE EQUIPMENT
LATHAM, N .Y. GALION 1983 $54 , 512 . 00 NON . COL. ATTACHED
SOUTHWORTH MACHINERY
ALBANY , N.Y. 1983 CATERPILLAR 1206. $61 ,990 .QQ
1983 CATERPILLAR 1306 $70 , 100 . 00
NON. COL. ATTACHED.
TOWN CLERK- ANNOUNCED THAT THE BIDS WERE TURNED OVER TO MR. NAYLOR-.
HE HAS REQUESTED MORE TIME TO REVIEW THE BIDS BEFORE MAKING A
RECOMMENDATION .
REPORTS
-THE FOLLOWING REPORTS WERE PLACED ON FILE : TOWN CLERK FOR MONTH OF
JULY 1983 BUILDING & ZONING FOR THE MONTH OF JULY 1983
OPEN FORUM 8 :03 P. M.
MR. TURNBULL- NOTED THAT THE MOBILE HOME BEHIND THE FIRE HOUSE (BAY RIDGE )
WAS USED IN A DRILL , NOTED HIS OBJECTION TO OTHER MATERIALS BEING
BROUGHT IN TO BE DUMPED ON THE PROPERTY , NOTED THAT DEBRIS FROM THE HARVEST
REST,. WAS BROUGHT IN , THE FIRE HOUSE SHOULD NOT BE IN COMPETITION WITH
THE LANDFILL. . .
SUPERVISOR WALTER- NOTED THAT SHE HAD SPOKEN TO THE BAY RIDGE FIRE
CO. ABOUT THE BURNING OF THE MOBILE HOME. . .
COUNCILMAN MONAHAN- I SPOKE TO ONE OF THE FIREMEN ABOUT THE DEBRIS ,
j IT SEEMS THATTHE NIGHT THAT THE HARVEST ROOF BLEW OFF WE WERE TRYING
TO GET RID OF THE DEBRIS $O THEY COULD COVER IT UP SO THAT THERE WOULD
BE NO FURTHER DAMAGE TO THE BUILDING-SO THEY DID BRING PICKUP TRUCK
LOADS AND PUT IT THERE . . . THE LANDFILL WAS NOT OPEN . . .
j
MRS. 7URNBULL- I HAVE SEEN PEOPLE BRING UP DEBRIS AND DUMP. `',. IT BEHIND
THE FIRE HOUSE LONG BEFORE THIS. . .
SUPERVISOR WALTER-I WILL CHECK INTO THAT . . .
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION NO - L" INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS
267
ADOPTION , SECONDED BY MR. DANIEL MORRELL:
RESOLVED, THAT AUDIT OF BILLS AS APPEARS ON ABSTRACT NO. 83-8A AND
NUMBERED 1234 - 1405 AND TOTALING $132254. 18 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
l— RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 165 , INTRODUCED BY MRS. FRANCES WALTER WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL MORRELL :
RESOLVED, THAT THE TOWN BOARD NOW MOVES INTO EXECUTIVE SESSION TO
DISCUSS SALE OF PROPERTY AND LITIGATION .
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS. MONAHAN , MRS. WALTER
NOES : NONE
ABSENT : NONE
RESOLUTION AUTHORIZING AND APPROVING SETTLEMENT OF LITIGATION , TOWN
QUEENSBURY AGAINST PETER J . CARDINALE , VINCENT J . CARDINALE , AND
DOROTHY J . KILL
RESOLUTION NO . 166 , INTRODUCED BY DR .CHARLES EISENHART WHO MOVED FOR ITS
ADOPTION , SECONDED BY MRS. BETTY MONAHAN :
WHEREAS, ON OR ABOUT DECEMBER 2 , 1982 , THE TOWN'g QUEENSBURY COMMENCED
LITIGATION IN SUPREME COURT , COUNTY OF WARREN , AGAINST PETER J . CARDINALE ,
VINCENT J . CARDINALE , AND DOROTHY J . KILL , TO RECOVER FOR DAMAGES CAUSED
TO PERSONAL PROPERTY OWNED BY THE TOWN OF QUEENSBURY DURING AN ACCIDENT
WHICH OCCURRED IN THE TOWN-IF QUEENSBURY ON OR ABOUT JULY 15 , 1982 , AND
WHEREAS, AN OFFER OF FIVE HUNDRED DOLLARS ( $500 . 00 ) HAS BEEN MADE TO
COMPROMISE AND SETTLE THE AFORESAID LITIGATION , AND
WHEREAS, IN THE OPINION OF THE FORMER TOWN ATTORNEY PROSECUTING THE
LITIGATION , JOSEPH R. BRENNAN , ESQ. , THAT THE OFFER OF SETTLEMENT
OF FIVE HUNDRED DOLLARS ( $500 . 00 ) Is REASONABLE , AND
WHEREAS, UPON CONFERING WITH WILSON S. MATHIAS , ESQ. , CURRENT
TOWN COUNSEL, IT BEING DETERMINED THAT IT WAS IN THE BEST INTEREST OF
THE TOWN OF QUEENSBURY TO ACCEPT THE COMPROMISE OFFER , NOW
THEREFORE BE IT RESOLVED , THAT THE TOWN OF QUEENSBURY , ACCEPT THE SUM
OF FIVE HUNDRED DOLLARS ( $500. 00 ) IN FILL SETTLEMENT OF THE LITIGATION
PENDING AGAINST PETER J . CARDINALE , VINCENT J . CARDINALE AND DOROTHY J .
KILL , AND THAT THE TOWN SUPERVISOR , BE AND HEREBY IS AUTHORIZED AND EMPOWERED
TO EXECUTE ANY AND ALL GENERAL RELEASES , STIPULATIONS DISCONTINUING ACTION ,
AND ANY OTHER DOCUMENTS NECESSARY TO EFFECT A COMPROMISE AND CONCLUDE THE
LITIGATION .
r
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER
NOES : NONE
ABSENT : NONE
ON MOTION THE MEETING WAS ADJOURNED.
RESPECTFULLY ,
DONALD A. CHASE , TOWN CLERK