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1976-08-10 64 It was to be boarded,, up but that has not been done. . . Mr. Liapes- there has -been some question as to who ownes- the property, but I understand a man has been hired to board it up . .I will keep after them. . . Mr. Liapes presented to the Board a petition and- a letter from the Dept. of ENCON in regard to a problem with Torrington Cement Transit Mix. . .for the Boards .review. . .Mr. -Liapes .noted that he had -looked over the problem of the dust ect. and that it was not in his jurisdict#on.'. . Councilman Barber also n ted that there were complaints but he found them unfounded. . . . noted thaghe personally felt that the letter from the Dept. of ENCON was not fair. . . the people living in the Councilman Olson- noted that he did not feel thatATorrington area knew they lived in an industrial area when they moved there. . . Supervisor Brandt- noted that he had also investigated the allegation of the neighbors and found them unfounded noting that Torrington had made many improvements. . noted that he felt it was a personalityy conflict. .and the complaints were not justified:: Open Forum -8:25 P.M. no one spoke. . . On motion the meeting was adjourned. . . Respectfully submitted, Donald A. Chase Town Clerk REGULAR MEETING AUGUST 10, 1976 MEMBERS PRESENT: Daniel Olson- Deputy Supervisor Robert Barber-Councilman Hammond Robertson-Councilman MEMBERS ABSENT: Joseph Brennan-Town Counsel Michel Brandt-Supervisor Harold Robllard-Councilman PRESS: Lee Coleman, Tri County News, WBZA, TOWN OFFICIALS: , Thomas Flaherty, Carl Garb, Floyd Martindale GUESTS: Mr. & Mrs. Zack, Mr. & Mrs. Gerowski, Mr. Zoli Meeting Opened 7: 30 P.M.. Salute to the Flag by Donald A. Chase, Town Clerk Councilman Olson introduced himself to the spectators noting 'that he was taking Supervisor Brandt's place as he was attending a New York State Tax Payers Meeting as guest speaker in Schroon Lake. Councilman Robillard is also absent this evening as he is on vacation with his: family and is out of town. . . BID OPENING ON WATER DEPT; REQUEST FOR A BACKHOL LOADER NOTICE SHOWN BIDS OPENED BY TOWN CLERK 7: 31 P.M. -- ABELE Abele Tractor and Equip. Co. , Inc. 72 Everett Road Albany, New York 12205 non collusive attached Massey Ferguson Model MF-80 Price $38, 333.00 Less 1968 Wain Roy Backhoe Trade-in - 5,#000.00 Net bid price $33,333.00 Alternate Bid Demonstrator MF-80 Backhoe Loader less than 100 hours Price $34,333.00 Less Trade-in - 5,000.00 Net Bid Price $29,333.00 Delivery 20-30 days from date of receipt of order. -------------------------------------------------------------------- PETTIT -EQUIPMENT INC. - R.D.#2 Route 50 ! Ballston Spa, New York 12020 non collusive attached 1976 Massey Ferguson Model 70 Integral Backhoe Loader `- 1976 M.F. 70 B/H/L complete $41,803.00 Trade allowance 1968 Wain-Roy 16,900.00 Net delivered to Town of Queensbury $24,903.00 Delivery to be 14 days from date of award. -------------------------------------------------------------------- RBOUT FORD TRACTOR, INC. 978 Albany Shaker Rd. Latham, N.Y. 12110 non collusive attached New Ford Tractor/Loader/Backhoe combination Ford #7500. Tractor Equipped as per Specifications $38,583.00 Trade Allowance; Wain Ror Unit 12,183.00 Net Delivered Price $26,400.00 Delivery Approx 25 days --------------------M-------------.---------------------------------- SCHROON LAKE TRACTORS, INC. Schroon Lake, New York 12870 non collusive attached New 1976 John Deere Wheel Loader Backhoe Model JD510 List Price $42,678.00 Allowance on one (1) 1968 Wain Roy Wheel Loader Backhoe s/n 5005 12, 690.54 Delivered Net Price $29, 987.46 Delivery 7 days from date of written acceptance of bid. ------------------------------------------------------------------- STATE EQUIPMENT NON COLLUSIVE ATTACHED Elnora, N.Y. 1976 International 3600D integral loader backhoe tractor Delivered price $25, 633.00 plus 1968 Wain Roy Delivery 45 Days -------------------------------------------------------------------- Deputy SuRervisor Olson- Thenked all who presented bids and noted that the bids will be tabled until the next regular meeting for consideration by the Water Superintendent and his committee. -Dog Warden Van- at the last regular meeting the Town Board received a low bid from Whiteman's Chevrolet for $ 37741.80 for a 1977 Chevrolet Van per our specifications, at that time the only item that was lacking was a delivery date. Since then we have received a letter from Whiteman Chevrolet stating the date of delivery of 8 to 10 weeks. I recommend that we award the bid to Whiteman' Chevrolet, since they were the low bidder of two bids. 66' RESOLUTION AUTHORIZING PURCHASE OF 1977 DOG WARDEN VAN RESOLUTION N0. 180 Introduced by Mr. Daniel Olson who moved its adoption, seconet by Mr. Robert Barber: WHEREAS, James Davison the .Town Dog Warden requested the Town Board to solicit bids for a 1977 Van, and WHEREAS, two bids were received and opened at a Town Board Meeting on July 271;11976 and WHEREAS, the bid of Whiteman Chevrolet in the amount of $3, 741.80 was the lowest of the two bids and was asper our specifications, Now, Therefore be it RESOLVED, that the Town Board of the Town of Queensbury accept the bid of Whiteman Chevrolet in the amount of $3, 741.80 as per the recommendation of the Dog Warden James Davison. Duly adopted by the following vote: Ayes: Mr. Barber, Mr. Robertson, Mr. Olson Noes: None Absent: Mr. Brandt, Mr. Robillard RESOLUTION TO CONDUCT 'A CARNIVAL RESOLUTION NO. 181, Introduced by Mr. Hammond Robertson who moved its adoption, seconded by Mr. Daniel Olson: RESOLVED, .that permission is hereby granted to conduct a carnival as follows: SPONSOR: West Glens Falls Fire Co. CARNIVAL: AiadU&8t ieKf a of America, Inc. etal PLACE: Fireman's Field West Glens Falls DATE: August 6-14th, 1976 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 $5001,000/1,000, 000 bodily injury liability and $50, 000 property damage liability insurance. Duly adopted by the following-vote: Ayes: Mr. Barber, Mt. Robertson, Mr. Olson Noes : None Absent: Mr. Brandt, Mr. Robillard RESOLUTION OF SORROW RESOLUTION NO. 182, Introduced by Mr. Hammond Robertson who moved its adoption., seconded by Mr. Robert Barber: WHEREAS, Charlotte Codner served her follow townspeople in a diligent and,J unselfish manner by assisting'her late husband Bernard Codner, who was at the time Highway Superintendent, by doing his payroll and personnel records, and she did this without receiving compensation from the town, and WHEREAS, Charlotte Codner during her long life in the Town of Queensbury exemplified the qualities of a good neighbor and .a good citizen, now therefore be it RESOLVED, that the Town Board of the Town of Queensbury on behalf of the citizens of Queensbury express their deep regrets at the passing of Charlotte Codner and wish to express their sympathy to the members of her family: Duly adopted by' a standing vote of the entire Town Board. r RESOLUTION TO ACCEPT A DEED FOR A HIGHWAY I&SOLUTION NO_ 183, Introduced by Mr. Daniel Olson who moved its adoption, seconded by Mr. Hammond Robertson: .WHEREAS, First National Bank has executed and 6ffered a deed for .Town Roadway not less than fifty (50) feet in 'widthi whioh is described in Schedule "A" attached hereto and made part hereof, and WHEREAS, Carl A. Garb, Superintendent of Highways, has advised that ,he recommends to this Board that it accept this land for highway purposes into the Town highway system, and WHEREAS, the deed has been approved by Joseph Brennan, -Esq. , Counsel to the Board, now therefore be it RESOLVED, that the aforesaid be, and the same is hereby accepted and approved, and the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed in the office of. the Town Clerk and be it further RESOLVED, that this new road is hereby added to the official inventory of Town Highways, and described as follows: ROAD NO: . 361 DESCRIPTION: Beginning at Lafayette Street westerly to Dead End. MILEAGE: .16 NAME: Bank Street Duly adopted by the following vote: Ayes: Mr. Barber, Mr. Robertson, Mr. Olson Noes: None Absent: Mr. Brandt, Mr. Robillard Deputy Supervisor Olson- noted that Mr. Garb has inspected the road and given his approval as has also the Water Dept. RESOLUTION TO ENTER INTO CONTRACT WITH THE LAKE GEORGE OPERA FESTIVAL ASSOCIATION RESOLUTION NO. 184 Introduced by Mr. Hammond Robertson who moved its adoption, secon a by Mr. Robert Barber: WHEREAS, the Town Board has made an appropriation to the publicity fund of the Town for the Fiscal year of 1976, and WHEREAS, the Opera.Festival Association, Inc. is located in the Town of Queensbury and the publicity program of the Opera Festival will be of great benefit to the Town, Now, Therefore, be it RESOLVED, that the Town Board of the Town of Queensbury enter into a Contract with Opera -Festival Association Inc. which will provide that Opera Festival Association, Inc. promote the Town. of Queensbury as a summer vacation area and cultural center for the lower Adirondack and Lake George section in consideration of the sum of $3,000.00 to be paid from said appropriation, and be it further RESOLVED, that the Supervisor be and hereby is authorized to execute such contract on behalf of the Town Board of the Town of Queensbury in a form approved by the Town Attorney. Duly adopted by the following vote: Ayes: Mr. Barber, Mr. Robertson, Mr. Olson Noes: None Absent: Mr. Brandt, Mr. Robillard MOBILE HOME APPLICATION OF STANLEY SUTTON C)O of R.D.#2 Lake Goerge Road Glens"F611a to locate a mobile home (travel trailer) on Route 4 k mile- south of storytown. Stanley and Sally Sutton are the ovners .of -the .property. Reason for request: On April lst, 1976, we moved existing house to new location and built a new building now known as Sutton's Farm Market. Mrs. Sutton and myself have been very active in these projects. We plan on moving "illegally placed" trailer south on or before November lst. 1976. Mrs. Sutton was present. Deputy Supervisor Olson- It is my understanding this is a travel trailer? Mrs. Sutton- .correct. i Deputy Supervisor Olson- you used this while your house was moved. --% Mrs. Sutton-yes. Councilman Robertson- I believe without a public hearing we can issue a temporary permit for up to 90 days. Deputy Supervisor Olson- Did you have in mind that this would be the only time you would be using this while your house was being established. Mrs. Sutton- Yes. We hope to fix up a motel unit for next year. . . Councilman Robertson—Based on what Mrs. Sutton has stated they are aware of the fact that this would not be a yearly item and the record so specifically stating, I will move that we grant a .90 day permit. on a one time basis not to be extended. Deputy Supervisor Olson- I agree with Councilman Robertson, I know it was an oversi36t on your part . . . Councilman Barber-Mrs. Sutton did you come on your own volition or.wete you asked by a Town Official to make this application? Mrs. Sutton- We were asked by a Town Official. Councilman Barber- Mr. Liapes Mrs. Sutton-yes. Councilman Barber- Councilman Olson is everyone else in the area in compliance? Deputy Supervisor Olson- I do not know. Mr. Liapes informed me today and- he became aware of it by a complaint or complaints by people living in the neighborhood. Councilman Barber- noted tha fine business that has been established and also noted that in the application you did state it was illegally placed showing that is was-not of your own volition, ,, I support the application. RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION DO 185 introduced by Mr.,-Rob-ertson who moved its adoption seconded by Mr. Olson. WHEREAS, Stanley Sutton of RD #2 Lake George Road, Glens Falls, N.Y. has made application in accordance with paragraph-2 (a) Sec-tion 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 of a duly licensed mobile home court at property situated at Route 9 mile south of Storytown, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to authorize the issuance of the. permit requested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, temporary permission is hereby given. to Stanley Sutton of RD #2 Lake George Road, Glens Falls, New York to locate a mobile home outside of a licensed mobile home court for a period of 90 days at property situated at Route 9 k mile south of Storytown, Town of Queensbury and that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and conditions ,of said ordinance. Duly adopted by the following vote: Ayes: Mr. Barber, Mr. Robertson, Mr. Olson. Noes: None Absent: Mr. Robillard, Mr. Brandt. 1 MOBILE HOME APPLICATION OF EDWARD R. DUNNE Mr. Olson stated that he would like to thble this application because some of the names of the application looked familiar. Mrs Pincheon- spoke to the board noting that they had suggested that Mr. Dunned instead of herself apply. . . • Councilman Robertson—This is an existing mobile home? Mrs. Pincheon- yes. Councilman Barber- you originally made your application May 25th. Mrs. Pincheon- right. RESOLUTION TO AUTHORIZE. PUBLIC HEARING RESOLUTION NO, § Introduced by Mr. Robert Barber who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS, Edward R. Dunne has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury entitled ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home l_ outside at property situated at corner of Michigan and Central Avenues, and WHEREAS, it is hereby determined that said application complies with the requirements of said ordinance, and WHEREAS, ,it is hereby determined that the facts presented in said application are sufficient to justify further consideration by this board, therefore be it RESOLVED, that -pursuant to the provisions of the above mentioned ordinance, the town board shall conduct a public hearing on said application on September7l0th, 1976 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 foil wing vole: Ayes: Mr. Barber, Mr. Robertson, Mr. Olson Noes: None Absent: Mr. Brandt, Mr. Robillard MONTHLY REPORTS -Town Court report for July read and on file. . . -Town Clerk's monthly report for July , 1976 read and on file. . . -Dog Warden' s monthly report for July, 1976 read and on file. . . -Building and Zoning Dept. report for July, 1076 read and on file. . . Deputy Supervisor Olson- re: Traffic Light at Route 9 and Quaker Roads- I asked the Police Dept. to give me a break down of how much time we have spent there in the last two months. We had five days in July and five days already in August,, 17% man hours were spent just in this last weekend of,Saturday and Sunday. Noted that again today the traffic light was malfunctioning aga-in. I am speaking of days that we had to supply w= manpower and our polices:--department, to direct traffic 0 1 believe it is a problem the Department of Transportation has been working on, the Supervisor has written them a letter, I do not know what stronger action we can take other then I would like to empower our Town Attorney ao write -a much stronger letter to DOTS notifying them of the serious condition which exists at that intersection, probably the busiest intersection in the Town of Queensbury. We have several accidents therey fortunately we have not had a fatal accident. We have exhausted our patience. We have to send our Policemen and use. their valuable time then they shauhd be out ®n the road,,,taking care -of our own problems in the Town of Queensbury. I want the residents of the Town of Queensbury to know the Queensbury Town Board is doing everthing within their power to rectdfy the situation. It is up to the state who owns the light and control to repair it when it breaks. . :we cannot afford any more man hours by our Police Dept. there. Councilman Barber-After several complaints and having a problem going through that intersection in the past twenty days when we have experienced many problems,, I have since,- found out that the controler that is being utilizdd by the State that was installed to' control the traffic light, is antiquated and the manufacturer of the control is no longer in business and that the State Dept. of Transportation no longer has parts for those controllers. That is one -reason why the controller is not repaired properly. I think it has a significant liability factor here in the event that something really does happen they should replace that controller immediately If my investigationjwhich came from an electrical contractor who does repair to intersection lights if that is in -fact proper4 I think our legal counsel should notify the sFate that we are aware of said condition, and the liability rest upon them solely and the situation should be corrected immediately. Deputy Supervisor Olson- unofficially, I have been informed that it also has something to do with the tripping arrang"tun. Councilman Robertson- Also noted that there is a similiar •situation at 149 and Bay Road. . .this should also be included in the letter of liability in regard to this intersection. . . Councilman Barber-'`I wauld like two seperate letters because. I feel both intersections are hazardous,, but the intersection of Quaker and Route -9 is Russian Routet .and should be corrected immediately. . . I would like it brought to the attention of the Town Board'°that I -- realize that Mr. Brandt has notified the Dept. of Transportation in regard to the light at Quaker and Route 9 at least 5 to 6 weeks past 'and as yet has not received communication from that Department. Deputy Servisor Olson- noted the Police log, noting the time ,and .dates that the light has malfunctioniW this is on file for the Public. : . Councilman Barber- requested the help of the local Press and urged them to do a community service in looking into this problem. . . Open Forum C Mr. Geroski- 153 River Street-I request your permission to talk with Councilman Barber. . .I '149resent ,a small group of people who live on that street, on 153 Rive et, plus the people that made the complaint, a formal complaint about two weeks ago. Now let ,me read your statement in the paper, it says Councilman Robert Barber praised Torrington, saying that the firm is turning a delapitaded situation into a fine business enterprise. He said the firm was doing nothing -obnoxious. -Now Mr. Barber can you tell me on behalf of these people here and myself, where did you get that information from? Councilman Barber- Mr. Geroski, In respect to my comment that the Torrington Const. Co. was turning a delapitaded situation into a better situation was a result, as you know, of a prior enterprise that was there,Bronk Ready Mix, did not enhance the situation for your people, particularly yourself next door and the immediate surrounding area. The-building was delapitaded it was a 'hazard for children because there was -no supervision, ho fencing there was mounds of de�tie in the -front and- there were weed growing up and alsthetiely I' didn't feel comparing that with what Torrington is presently ..`LF doing by closing in the conveyor and painting the wood shroud around the bin 'with a sky light blue as well as the. . . Mr Geroski- Lets forget about the outside of the building, what we are interested in is the dust situation -and noise situation. How did you arrive at 'that) is that from your personal., observation,have you been there when the operation is going on? n Councilman Barber- I have been at Torrington Construction and have listened to the situation at �hand, yes. Mr. Geroski- How many times? Councilman Barber- I have been there on two different occasions. Mr. Geroski- Were they operating at that time? Councilman Barber- Yes they 'were. Mr. Geroski- And you can state that there was no dust coming out? Councilman Barber- Let me preface my remarkd right now. Let .me make it perfectly understood- that at the last Town Board meeting, I felt that the'letter initiated by Mr. Lavin. I did;4feel that this Town Board, it is my own personal feelings as a Councilman of the Town of Queensbury, that this Town Board, should get involved in determination of .a noise pollution factor until the state had made its determination. I made my determination on the aesthetics from a delipidated situation to a present situation which I find much more improved. Mr. .Geroski-No, No, you are wrong Mr. Barber. You said there was nothing obnoxious. What causes , when the'-dust comes out of the doors and the dust flies up when you put it in the bins, where is all that stuff going, it deteriorates',the-ppeperty, right. Mr. Barber-Mr. Geroski, I am still saying, that my comments were solely directed to the aestheties47.not to ,the pollution, nor to the noise. Mr. Geroski-What do you mean by .that? Mr. Barber-The appearance. Mr. Zack-I live at 152 River Street, we are talking about noise and dust. Five o' clock in the morning the diesels will come out and rev up their engines full blast and here we are trying to sleep. I do not think that is right. Especially when -you get five of them you can not sleep. I have seven tenants, and they call me up. One of them moved. I an not going to have any tenants. Mr. Geroski-Mr. Ralston told me that anytime the plant is in operation the back door had to be closed. Now why is it everytime they are filling the trucks)and they see me coming in there, they close the doors. Mr. Barber-As �I understand the letter .from Mr. Lavin, he had an agreement with Mr. Zoli, that the South door would be closed Mr. Geroski-But it isn't Mr. Barb-er•-W6-eansreeo lve this, and we can resolve it to everybody' s satisfaction, because Mr. Zoli is here also, now, I read that he assured Mr. Lavin that this is done, and he went down and talked with Mr. Williams and found that it was not in fact being done. Now, if we can have an assurance that this is going to -be a standard operating proce€lunetthat his organization is going to comply with,. then I do not see that there is going to be a problem., Mr. Geroski-The story is that everytime an official comes in they always comply with regulations . . .but when you fellow,sare not there, you don' t know, you do not live there. We have 22 signatures from River Street, we know what is going ,on over there. What happens to the dust, what happens to all that stuff that we have to inhale? Councilman Barber- Again, Mr. Geroski, I directed my comments solely to the aesthetics, the appearance, I felt that it was a substantial improvement. Mrs. Geroski- That does not destroy our houses our property. We inhale pure cement into our lungs. . . Councilman Barber- But this is not within our realm, Mrs. Geroski, this is within the realm of the Dept. of Environmental Conservation, to determine whether it is hazardous or not. Mrs. Zack-1 live at 152 River Street, It is passed from one to the other, we called Mr. Liapes, Mr. Liapes says such and such, what are you Councilmen for? 72 Deputy Supervisor Olson- If I might answer, I think. if you can remember last winter I came down and we had paint coming out of Hercules, that night when Mr. Buckley who was our Town Engineer at the time`we investigated that situation and I think it was eleviat*dfor the time being, I know there . are other problems down there. What I have tried to do with this problem, when you people came to me with this problem, I talked with the Building Inspector, Mr. Liapes, we had him down there investigating this situation. What I have tried to do as a Councilman on behalf of the Town and for the Town, is that the Town would do everthing we could for you people and also contact ENCON. To me the whole problem is an ENCON problem. We do not have the mechanism or the personnel to go in and maasure . the air pollution and the paint odors and fall out as you might say that comes from the Hercules Mill which some of your complaints list. ENCON is the jurisdictional agency which would control this. I do not think there is anything -within our power, anything further that we can do, as a 'Town Board other than Police matters, and disturbing the peace. Ted spoke: of starting the trucks up in the morning I believe that is probably disturbing the peace and should be taken up with the Police .,.' Department. Mr. Geroski- We did . : . Mr. Barber-As Councilman Robertson •just brought out, ' this is a civil ' matter. To my knowledge any noise operation outside an industtial complex can start at 6:00 A.Ml in the morning- and can continue until 12: 00 midnight. Mr. Zack-They have a big bulldozer, they push the crushed•stone in-to the cdnveyor. Now it is 'wet weather, the stone is wet. When it is not wet and the stone is dry, the dust is so bad,you can not see down the road. The Town Board should have something to do with that and they ' should oil the road where the big trucks come out. .A sprinkler system on the stone dust would eliminate the dust problem. Mr. Barber-There has got to be a fair compatible solution here because you people knew the Bronk situation. The volume of business in comparison of Bronk with ,Torrington seems to be improved. It is my opinion_ that they are trying to resolve and meet the standards of the state and to satisfy you people by a certain time limit which I understand is October lst or 31st and still meet production requirements. Mrs. Geroski-You try living there. You inhale that pure cement all day long that comes out of these trucks. And what it does to my property. Our windows are filthy. The cement is destroying the slate on our roof. If you lived there you would be singing a different story. We live there seven days a week, what is happening to our lungs. Mr. Geroski-Let me say me thing. During this period of reconstruction, they are doing the best they can.They are painting the place outside, but -in the meantime what is going to happen to all that dust. Mr. -Barber-Since we have had an oppportunity to here you people we have had a report presented to us by Mr. Lavin of what the requirements area and we do have in our presence Mr. Zoli. Perhaps we can hear from Mr. Zoli and if he can abide by these requirements. We have asked �Mr. Zoli to be here, and he is here. He is just as concerned about the affair as you are. We would like to have a compatible relationship of a business enterprise in the midst of a residential situation. Mr., Geroski-That statement you put in----the paper made a fool of us. -� Deputy Supervisor Olson- We tried to bring both parties together, ENCON is to determine what is pollutant to the air. It is actually out of our jurisdiction, except for -the noise. _. Mrs. Geroski- Mr. Olson, Has Mr. Barber seen this petttfoS? Deputy Supervisor Olsnn-Yes, we did receive that, at the last meeting. Mrs. _Ge-koskfa'f6ted-heracomplaint against the door being opened caus^ing more dust. . . Councilman Barber- The Town has no enforcement methods to do anything about this particular situation, other than .to refer it to the Dept. of Environmental Conservation, or Dept. of Health. Mrs. Geroski- In the mean time all that cement is destrgying our houses, and dirtying our places who is going to- pay the damages and clean the places. Councilman Barber- Again that is nothing that should come before the Town Board . . . it is a civil matter. If we can help you to keep the dust to a minimum,so it keeps Mr. Zoli and the State happy and keep you people happ-r7then we would be more than happy to try to help. Mr. Geroski- That'.`is what we want. . . Mr. Zoli-Our position on this is that we have located a Ready Mix Concrete Operation within the areas of the Town of Queensbury where .,.. this type of operation is permitted, on the face of it. In other words there is. no special variance required there is no special permit it is strictly an area where the Town of Queensbury has said operations of this type, ready mix concrete, other heavy industrial areas are to locate in this area. We could have gone into a lot of other areas, that we own property, but we had purchased this piece of property where this type of operation i# permitted and condoned. As long as we are there we intend to abides by the laws of the Town of Queensbury and the State of New York. Mr. Geroski- You say you are abiding by the Laws of New York then why is the door being left open? Mr. Olson told you and told me that anytime you load you trucks the back door has to be locked, closed right? How come it isn't closed and every time you see me go in the back- door and you close the door? Now you are violating something there, you are not doing something right. Mrs: - Geroski- Mr. Olson, Mr Torrington, wants nothing to do with the neighbors around his ,plant i� ha4 what he told . . . . Deputy Supervisor Olson- I am not aware of that and I would not have any of that information. Councilman Barber- I cannot for a minute Torrington Construction has been in this community for many, many years and had a lot of under- - takings in this community and I have found them to be very receptive' to anybody talking•anyone, foreman, superintendent, or even Mr. Zoli himself about a complaint or a road Job or who—ever it may beyso they are , I think they can go out in private and talker fine, if you can't maybe we can resolve it some other way. Mr. Geroski- Is there any wag we can have a variance law-passed where he has to start at certain hours at 8:00 o'clock in the morning and quit at 5 :00 and be closed on Saturday and Sunday? Councilman Robertson- I will answer that question, 'it is possible.-only in the sense that it applies to every business and every enterprise uniformly.. We can not single any one business, any one enterprise or any one locality. T—he only ordinance that we would be allowed to pass would have to be based on a town wide ordinance which applied to everybody equally, Mr. Geroski- How come Hercules isn't working Sundays' and Saturdays' ? Deputy Supervisor Olson- They probably choose this as their schedule. I do not mind and I would entertain any comments from Mr. Zoli. Mr. Zoli- I do not think we want 'to get into the situation here where I comment point by point. I was invited to a meeting at Mr. Geroski`s shortly after we acquired the block plant, and I attended, I spent approximately one hour and a half, I do not think the comment that I do not want anything to do with the neighbors can possibly be correct. I went to ,that meeting and have had a number of telephone conversations with Mrs. Geroski, I am unable to satisfy the neighbors request that we operate more stringently than what the applicable laws are through our area. We can only operate within the law it would be a hardship on our firm to apply to laws devised by other residents in the area in an industrial area to our operation. Again, we intendtto operate by the laws of the Town of Queensbury and the laws of the State of New York, I think many of the statements that have been made by this neighbovhood group suffer from a significant lack of credibility, but again I do not think we can answer point by point. Our closest neighbor, the person l4 who lives perhaps 30 or 40 feet from this operation is not here. Did sign the petition because in her words to our plant manager,Mrs. Geroski approached her� she actually physically feared that she was going. to get involved in personal.-1'harm, this is what she told us, signed the petition but will not be present here because she feels that our operation is not a problem to them. They are our most closest neighbors. Really I think that what we can do to work our differences out is to work with representa`--'-._ tives of the Town of Queensbury to insure the laws are being abided by and to work with the New York State of Environmental Conservation. We have done a significant amount of liason with the ENCON and I think our program there which was costing us Between 70 and 100 thousand dollars will result in a operation that completely conforms to the laws as they exist now, in the State of New York. Deputy Supervisor Olson- One question that I have for you Sir, Your time table was October 31st, I believe. Mr. Zoli, the 30th In otherwords by October 30th there will be a stone bin constructed there will be some improved drainage and we will have our grades in the final position so that we can come to grips with more thorough oiling fugitive dust. Our plans will continue throughout the following spring because we are going to grass the area and making what ,we would call a show piece ready mix facility. Now, I think a show piece ready mix facility is welcome in an industrial areaI do not know that a show piece ready mix facility would necessatily be welcome in a residential area)no matter how show piece it was. The fact is we are not interested in that. Mr. Zack- Mr. 'Zoli was speaking about the neighbor that lives 30 feet from themghe happens to be a tenant of mine. He is going to move because of that noise, .he calls mgg.. up and complains to me about dust, as a matter of fact his wife,Mr. Zol �hat she has a new floor in there that the dust blows in there she can t keep it up, that is what she . told me. They live 30 feet'which is true; and they heve those engines reving ' and going full blast,and' she complains to me. Deputy Supervisor Olson- I think we have heard words on both sides of this problem, again ENCON is the controlling factor a�ndthe agency that makes -the decision in - this. What Mr. Zoli has said,the program thay are going through right now'df re-building,, we may see a ! improvement in the dust and the things that are going on presently. Mr. Geroski-During this process of re-building why is that door open when they are loading the cement trucks? Deputy Supervisor Olson- That I cannot answer, but what I am going to do tomorrow morning is to get in touch with Mr. Liapes again-and we will go the route with ENCON and we will notify ENCON that we have complaints from the residents of the area and we will just have to turn this over to ENCON and let them take the ball from there. I hope that is satisfactory to .everybody present. Recess: 8:40 Reopened: a: 50 RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 187, Introduced by Mr. Daniel Olson who moved its adoption, seconded by Mr. Robert Barber: RESOLVED; that 'Audit of Bills as listed on Abstract No. 76-8 numbered 1087 through 1337 and totaling $80,817.05 be approved. Duly adopted by the following vote: Ayes: Mr. Barber, Mr. Robertson, Mt. Olson Noes: None Absent: Mr. Brandt, Mr. Robillard On motion the meeting was ,adjourned. Respectfully submitted, Donald A. Chase Town Clerk