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1976-09-07 REGULAR MEETING SEPTEMBER 7, 1976 MEMBERS PRESENT: Michel Brandt-Supervisor Daniel Olson-Councilman Robert Barber-Councilman Harold Robillard-Councilman Hammond Robertson-Councilman Joseph Brennan-Town Counsel T014N OFFICIALS: George Liapes, Carl Garb, Floyd Martindale -- PRESS : Lee Coleman WBZA GUESTS : H. Russell Harris, Mr. Edward Dunne, Mr. & Mrs. Sidney Durkee `- League of Women Voters Meeting Opened-Salute to the Flag-Councilman Barber 7: 30 P.M. PUBLIC HEARING Mobile Home Application of Edward R. Dunne of Box 507 Glens Falls , purchase and live in mobile home on Michigan and Central Avenues. . . Notice shown—Hearing opened 7 : 30 P.M. Mr. Dunne present. . . Mr. Dunne- noted that he intended to purchase the mobile home. . . Councilman Robillard- This is an existing mobile home? Mr. Dunne- Yes, Sir. Supervisor Brandt- You are going to purchase the property and live there? Mr. Dunne- Yes, Sir. Councilman Olson- questioned the hardship. . . George Liapes-read the following"Permanent residence-have lived at this address for approximately one year and have a lease with option to buy at the end of the year. My wife cannot climb stairs because of an ulcerated leg. One-'son is handicapped and must be allowed freedom in a well fenced area. This lot is well fenced in for our needs. . .also noted that the board has received comment from the Town Counsel in regard to this application. . . Hearing Closed. . . 7: 34 P.M. Councilman Robillard- Mr. Brandt seeing that the occupant has lived in this mobile home for a year and a half and also the fact is that the mobile home has been there for several years and to get this thing straighten around so that we no longer have people:±renting mobile homes but the occupant actually being the owner, I move "that-the application be granted. . . RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION N0, 200, Introduced by Mr. Harold Robillard who moved its adoption, seconded by Mr. Michel Brandt: 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 at property situated at the corner of Michigan and Central Avenues, 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 requestdd by said application, therefore be it 92 RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Edward R. Dunne to locate a mobile home at property situated at the corner of Michigan and Central Avenues 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, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: None ' RESOLUTION TO NAME MEMBER TO THE BOARD OF CEMETERY COMMISSION RESOLUTION NO. 201 Introduced by Mr. Daniel Olson who moved its a opt on, secon a by Mr. Hammond Robertson: WHEREAS, Chapter 814 of the laws of 1948 provides that there shall be a Board of Cemetery Commissions of the Town of Queensbury to consist of three members appointed by the Town Board for three years terms to expire on June 30th of each year, and WHEREAS, the term of Mrs. Margaret Prime of R.D.#I, Glens Falls has expired, and Mrs. Prime wishes reappointment , Now, Therefore be it RESOLVED, that Mrs. Margaret .Prime of R.D.#1 Glens Falls , -New York 12801 be and she hereby is appointed a member of the Board of Cemetery Commissions of the 'Town--of Queensbury for a term commencing immediately and expiring June 30, 1978. DuIr adop=ted by., the following vote: Ayes: Mr. Olson, Mr.Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: None RESOLUTION TO NAME MEMBER TO THE BOARD OF CEMETERY COMMISSION RESOLUTTON NO. 202 . Introduced by Mr. Harold Robillard who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS, Chapter 814 of the laws of 1948 provide that there shall be a Board of Cemetery Commission of the Town of Queensbury to consist of three members appointed by the Town Board for three years, their term to expire on June 30th of each year, and WHEREAS, Mr. Sidney VanDusen has notified the Town of Queensbury that he does not wish reappointment, his term expiring on June 30, 1976, and WHEREAS, Mrs. Sylvia Dougher of East Sunnyside Road, Glens Falls has expressed an interest in serving on this commission, Now, Therefore be it RESOLVED, that Mrs. Sylvia Dougher, be and she hereby is appointed to the Cemetery Commission of the Town of Queensbury, term to expire on June 30, 1979. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber , Mr. Robillard, Mr, Robertson, Mr. Brandt -- Noes : None Absent: None Councilman Robillard-Noted Mr. VanDusen long service in the Cemetery Commission . . .he has given more than his time to the Town he-,, has given a: lot of his energy through the .commission, I would ,just like to say thanks on behalf of the Town of Queensbury. Supervisor Brandt- noted that it was a lot of service for very little recognition. . . t'�r► RESOLUTION OF APPRECIATION RESOLUTION NO. 203, Introduced by Mr. Hammond Robertson who moved its a option, secon a by Mr. Daniel Olson: WHEREAS, Mr. Sidney VanDusen has served the Town of Queensbury for many years and has chosen to resign from the Cemetery Commission of which he served as Chairman for many years, and WHEREAS , Mr. VanDusen has shown devotion to his duties and has received no compensation other than the esteem and gratitude of his fellow citizens, Now, Therefore be it RESOLVED, that the Town Board of the Town of Queensbury on behalf of all the citizens and friends of the Town hereby convey to Sidney VanDusen their sincere appreciation for his service and to also convey their best wishes. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent : None RESOLUTION TO APPOINT DOG ENUMERATOR FOR 1976 RESOLUTION NO. 204, Introduced by Mr. Olson who moved its adoption, seconded by Mr. Robertson. WHEREAS, annually in September of each year the Town Board of each town shall appoint a resident or residents or designate the Police Department to prepare a list of persons in such town owning or harboring dogs therefore be it RESOLVED, that James Davison be and he hereby is appointed Dog Enumerator under the provisions of ' Section 108 of' the Agriculture and Markets Law for the year 1976. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt. Noes : None. Absent: None. RESOLUTION TO APPOINT INSPECTORS OF ELECTION RESOLUTION NO. 205 Introduced by Mr: Harold Robillard who moved its adoption, seconded by Mr. Daniel Olson: WHEREAS, it is `provided by Section #43 of the Election Law that the Town Boards shall each year appoint Inspectors of Election who shall hold office for a term of one year from July lst. of that year, and WHEREAS, both the Queensbury Republican Committee and the Queensbury Democratic Committee has notified the Town Board of some recent changes in Election Inspectors, Now, Therefore be it RESOLVED, that the following changes be made: REPUBLICAN ELECTION INSPECTORS Dist. 13 Earl Jones of 33 Main Street, West Glens Falls will replace Joyce Jones Dist. 13 Cedric Traver of 6 Western Avenue, West Glens Falls will replace Lillian Crannell 94 DEMOCRATIC ELECTION INSPECTORS Dist. 15 Florence Viele of Division. Street, West Glens Falls will replace Beatrice L. Hunt Dist. 16 Theresa Mindock of R.D.#2 Corinth Rd. , West Glens Falls will replace Caroline L. Usher as Election Inspectors for the Town of Queensbury to hold office until July 1st. 1977. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: None RESOLUTION OF SORROW RESOLUTION NO. 206, Introduced by Mr. Hammond Robertson who moved its adoption, Te-conded by Mr. Harold Robillard: WHEREAS, Mrs. Vivian R. Lampson, wife of former Councilman Curtis Lampson, passed away on August 31, 1976, and WHEREAS , Mrs. Vivian R. Lampson served her town as an Election Inspector for many years exemplifying 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 Mrs. Vivian R. Lampson and wish to express their sympathy to the members of her family. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: None RESOLUTION TO APPOINT PLANNING BOARD MEMBER RESOLUTION NO. 207, Introduced by Mr. Daniel Olson who moved its adoption, seconded by Mr. Michel Brandt: WHEREAS, a vacancy now exists on the Planning Board due to the resignation of Mrs. James Carlaw effective as of August 6, 1976, Now, Therefore be it RESOLVED, that Mr. Ronald S. Montesi, 18 Meadow Drive, a graduate of the University of Connecticut and experienced in Municipal Government consisting of two years of service on the Zoning Board of Appeals - one year as Chairman, Town of Tolland, Connecticut - Population 10,500. Two years of elected service as a member of the Board of Finance, one year as Chairman- Town of Tolland, Connecticut, be .and he hereby is appointed as a member of the Planning Board of the Town of Queensbury effective this date and is to serve the remainder of Mrs. Carlaw's term, expiring-September 30, 1979. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillardl, Mr. Roberteon, Mr. Brandt j Noes: None Absent: None RESOLUTION TO APPOINT PLANNING BOARD MEMBER RESOLUTION N0, 208. Introduced by Mr. Robert Barber who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS , a vacancy now exists on the Planning Board due to the resignation of John E. Sinnott as of June 6, 1976, Now, Therefore be it n� RESOLVED, that Mr. Kenneth Sorlin of 11 Crestwood Drive be and he hereby is appointed as a member of the Planning Board of the Town of Queensbury effective this date and is to serve the remainder of Mr. John E. Sinnott' s term expiring on September 30, 1978. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: None RESOLUTION TO AUTHORIZE ATTENDANCE AT AWWA MEETING RESOLUTION NO. 209 , Introduced by Mr. Hammond Robertson who moved its adoption, seconded by Mr. Daniel Olson:..' RESOLVED, that permission is hereby granted to Thomas Flaherty to attend the A,WWA Meeting to be held at Grossingers, Liberty, New York on September 14, 15, an(f l6th, 1976 and that the actual and necessary expenses incurred in such attendance is a proper town charge. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber , Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: None COMMUNICATIONS : Mobile Home Application of Mr. & Mrs. Sydney Durkee of Tuck-A-Way Mobile Home Park, So. Glens Falls, N.Y. to locate a mobile home on Warren Lane. . .Mr. & Mrs. Durkee were present at the meeting. . .hardship- "We request permission to exchange a 1969 model moiVile home with a 1973 model with a smoke detector in each of the 3 bedrooms. Our hardship is that where we live now the water is shut off periodically and we cannot bath or wash and our two year old must go to bed dirty. My wife and 2 year old daughter are asthmatic and under doctors care periodically. My wife and I are life long residence of Queensbury. We also have a financial problem. . We placed all our savings on the lots We also owe for the mobile home. We can't get any more loans until the old ones are paid up. I work for the Niagara Mohawk Power (3 Years) We will attempt to improve the lot with flowers , trees and lawn. " Councilman Robillard- Where is Mr. Billings going? Mr. Durkee- he has moved to North-wa berland . . Councilman Robillard- With the Mobile Home? Mr. Durkee-; Yes. Questioned the Board on if he could move the Mobile Home on the lot prior to the hearing? Councilman Robillard-The law says no. . . Mr. Durkee- Could we get a special permit to move it up there? Councilman Robillard- Not that I know of. . . there may be -the fact that you might not get a permit at all. . .it all depends on the hearing. . . that !_ is the purpose of the hearing; to get the pros and cons of the neighbors. . . RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 210 Introduced by Mr. Harold Robillard who moved itt adoption, seconded by Mr. Michel Brandt: WHEREAS , Mr. & Mrs. S*dney Durkee 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 T014N OF QUEHNSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home outisde at property situated at Warren Lane, 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 September 28, 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 following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes: None Absent: None Reports- placed on file. . . Highway Report for July, 1976 Town Clerk Report for Asst.- 1976 Building & Zoning Dept. for August, 1976 Town Dog Warden-August, 1976 OPEN FORUM: Petition submitted by Stephen Dougherty- Petition to the Queensbury Town Board We, the undersigned residents of Edgewood Drive, the Town of Queensbury, request that our road be -paved with macadam. There are now ten homes on our road, surely a sufficient number to 'warrent a decent road. Our present road is washed out, rutted, and pot-holed to such an extent that it. is dangerous for youngsters riding bicycles and is causing wear and tear on our automobiles. Our automobiles are covered with dust and dirt, as well as our homes, from the dust which arises every time a car passes. The taxes we pay 'are hardly insignificant. We expect services comparable to those provided for other similar areas in the town and that includes a decently paved road. (signatures on file) Supervisor Brandt accepted the petition.' . . H. Russell Harris-questioned the Board on why they have not done anything in regard to their comuitteesmoney saving suggestions in regard to the land- fill. . . did not feel that it was fair for Queensbury Taxpayers to be burdened with more taxes and the Board should look for more ways to cut . . .noted that there will be State Hearings on landfills and that they had a prepared leaflet stating many of the same ideas that the committee had come up with in regard to the operation etc. of landfills. . .commenting on the ,joint landfill, Mr. Harris noted that he felt that as long as the landfill was in Queensbury, the Town should retain control over the landfill and anyone outside of Queensbury should follow the rules that the Queensbury Residents follow. . . in the use of the landfill. . . Supervisor Brandt-reviewed Mr. Harris ' 6 'statements and noted that as `far as charges in the use of the landfill this was being investigated. . . also reviewed the County' s use- of the Sales Tax monies thus the probable increase of 55% in Town Taxes. . .Noted that he did not wish to speak in regard to the landfills joint t,}' se noting that the County Committee will make the press releases on that topic. . .but to expect one in the near future. . . Councilman Robertson-noted that he had made the statement that it would cost a lot of money and it will cost many dollars , we are moving very rapidly toward the suggestions of your committee. . . Supervisor Brandt- noted that there is a preapplication hearing with ENCON to start the processing of applications to run the landfill. . . this will take place at the County Center and will also meet at the landfill site. . .This will be the first step in preparing the application. . . Councilman Barber- The Town will be represented at a meeting at Raybrook and one in Albany regarding landfills. . . Supervisor Brandt- Stated that the State will be doing some drilling at the landfill as a part of their study and this will coincide with the needs of Queensbury thus saving the Town money. . . RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 211, Introduced by Mr. Michel Brandt who moved its adoption, seocnded by Mr. H97rold Robillard: RESOLVED, that Audit of Bills as listed on Abstract No. 76-9 numbered `-'1338 through 1494 and totaling $91+560 ).4t be' accepted, and be it further W, 4R Y. 13 RESOLVED, that audit number 1497 Supervisor Brandt abstains on. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Brandt Noes : None Absent: None On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase Town Clerk RESOLUTION TO ADOPT FRESHWATER WETLANDS PROTECTION LAW AS LOCAL LAW NO. 1 1 OF 1976 OF THE TOWN OF QUEENSBURY RESOLUTION N0, 198,, Introduced by Mr. Harold Robillard who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS, there has been enacted into law the Freshwater Wetlands Act, Article 24 of the Environmental Conservation Law wherein it ?gas been declared to be the public policy of the State -of New York to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom, to present the despoliation and destruction of freshwater wetlands, and to regulate use and development of such wetlands to secure .the natural benefits of freshwater wetlands, consistent with the general welfare and beneficial economic, social and agricultural development of the state, .and WHEREAS, said Freshwater Wetlands Act became effective September 1, 1975, and WHEREAS, it appears that there exists certain areas within the Town of Queensbury which are included tortthin the purview of said Act, and WHEREAS, said Act mandates certain procedures to preserve, protect and conserve said freshwater wetlands, and WHEREAS, said Act provides an option to local governments to adopt within one j year of September 1, 1975 a freshwater wetlands law 'or ordinance, and WHEREAS, if such a local law or ordinance is not adopted by the Town of Queensbury prior to September 1, 1976, jurisdiction over said wetlands will be lost by the Town of Queensbury to other governmental entities for purposes of the Freshwater Wetlands Act, and WHEREAS, it appears that it would be in the best interest of the Town of Queensbury to maintain local control over the freshwater wetlands located within the Town of Queensbury by the adoption of a local law or ordinance, and WHEREAS, a proposed local law has been prepared and has been presented for adoption in accordance with law, and WHEREAS, public hearing has been held concerning the desirability of the adoption. of said local law, and WHEREAS, recommendations have been made to the Town Board favoring the adoption of the proposed local law, and WHEREAS, it appears that the local law in its present form is in compliance with the requirements of the Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury adopt the Freshwater Wetlands Protection Law of the Town of Queensbury as Local Law -- No. 1 of 1976 of the Town of Queensbury and that all action be taken in accordance with law to render the adoption of said local law effective including filing of appropriate copies with the office of the Secretary of State and the Department or Environmental Conservation. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Robillerd, Mr. Robertson, Mr. Brandt Noes : None Absent:Mr. . Barber REGULAR MEETING SEPTEMBER 28, 1976 MEMBERS PRESENT: Michel Brandt-Supervisor Daniel Olson-Councilman Harold Robillard-Councilman Hammond Robertson-Councilman Joseph Brennan-Town Counsel MEMBERS ABSEW Robert Barber-Councilman PRESS : Tri County, WWSC, Lee Coleman GUESTS: League of Women Voters, Troop= 16, Queensbury Boy Scouts TOWN OFFICIALS- Floyd Martindale, George Liapes Meet-ng Opened-7:30 P.M. Salute to the flag led by Councilman Robillard. Supervisor Brandt- Welcomed Troup, 16 of Queensbury Boy Scouts- noted that the scouts were working on their Communication Badge. . . PUBLIC HEARING-Notice Shown-Mr. & Mrs. Sydney Durkee of Tuck-a-way Mobile Home Park, South Glens Falls to locate a mobile home on Warren Lane on-property owned by Mr. Durkee- Mr. Durkee was present- hardship shown Hearing Opened 7 :30 P.M. Supervisor Brandt- Is there anyone here to speak either. ipfavor of or a*nst the application - No one spoke- Councilman Olson- Mr. Durkee, the property you want to place your mobile home on- is that property that was owned by another individual who had a mobile home on it and has since moved the mobile home? Mr. Durkee- Yes, it is. �- Councilman Olson- This is on Warren Lane? Mr. Durkee- Yes. Councilman Robillard- I have no questions, just that I feel sorry for the Durkee's being involved with this situation. I do not know how we can get our message across to the mobile home owners in the Town of Queensbury that they have to apply for a permit. Apparently they were hoodwinked into buying this land under the impression that evenC�hing was in order by the fact that another mobile home was there. I do not Fcnow what our obligation is I think we stress enough at other meetings the rules to follow� if this was not primarily a mobile home road I would probably be opposed to it, but dao;to the fact that there are mobile homes there and the fact that 90% of