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1975-11-13 REGULAR MEETING NOVEMBER 13 , 1975 MEMBERS PRESENT Gordon Streeter-Supervisor Deniel Olson-Councilman Robert Barber-Councilman Harold Robillard-Councilman Hammond Robertson-Councilman J. David Little-Town Counsel PRESS: Lee Coleman, Norman Mjaatvedt TOWN OFFICIALS: Thomas Flaherty, Ralph VanDusen, Harold Boynton, Carl Garb,Floyd Martindale GUESTS : Glen Gregory, Mrs. Brown, Ernest Dutcher, Mrs. Norma Washburn, Mr. Wood Meeting Opened: 7: 30 P.M. BID OPENING-6" Cast Iron Pipe-Sherman Island Road Project Notice Shown. . 7:31 P.M. in Bid Price Non-Collusive .-4 Atlantic States Cast Iron Pipe Company 183 Sitgreaves Street Q Phillipsburg, N.J. 08865 $4,812.00 attached Robert D. Spence Ins. Airport Road Sayracuse, New York 13209 $4,872.00 attached Martisco Corporation 3rd. Avenue Road Rensselaer, N.Y. 12144 $4, 816.20 attached Stone Bridge Iron & Steel Co. Plant and Office 3 Stone Bridge Road Gansevoort, New York 12831 $5,225.00 attached Supervisor Streeter-recommended that Thomas Flaherty, Water Supertntendent review the above bids. . . PUBLIC HEARING-Mobile Home-James J. Coffey to locate a mobile home on Pinello Road on property owned by Mr. Donald Frailer—Hardship shown. .Building & ZoniAg recommended approval. . . Hearing Opened Notice shown. . .Mr. Coffey was present-spoke in regard to the type of sewage system that will be placed—No one spoke in opposition to this mobile home. . .Mrs. Helen Coffey-spoke in favor of the mobile home Mrs. Sullivan of Sherman Avenue spoke in favor of the mobile home. . . Hearing Closed. . . RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 219 Introduced by Mr. Harold Robillard who moved its adoption, seconded by Mr. Daniel Olson: WHEREAS, James J. Coffey 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 Pinello Road, 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, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to James J. Coffey to locate a mobile home at property situated at Pinello Road, 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, MY. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes: None Absent: None BUDGET Supervisor Streeter-noted that the Town Board will not review the budget because of sopierecent information that will be received, t4nd will possibly reduce the agvvalorum tax in the Queensbury Water .District. The Town Board will wait until all the information has been formulated and then a special meeting will be called to adopt the 1976 budget, this hopefully will be before the November 20th, deadline. . . RESOLUTION TO APPROPRIATE SURPLUS BALANCE WITHIN THE GENERAL TOWN FUND RESOLUTION NO. : 220. Introduced by Mr. Gordon Streeter who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS surplus funds for 1975 exist in various accounts within the General Town Fund and WHEREAS some accounts are overexpended for 1975 , Therefore be it RESOLTED to Transfer $80.00 from A1220.1 to A1220.4 Transfer $4500.00 from A13 1 to A1355.4 Transfer $60.00 from ContirTgent to A1355.4 Transfer $10, 000.00 from Contingent to .A1420.4 Transfer $251. 00 .from A1450.4 to A1450. 2 Tansfer $300.00 from Contingent to A1620.2 Transfer $2623.00 from Contingent to A1910.4 Transfer $2000.00 from A9040.8 to A5132.4 Transfer $700. 00 from A7310.2 to A7310.4 Transfer $800. 00 from A7310.2 to A7310.1 Transfer $300. 00 from Contingent to A8010.4 Transfer $220. 00 from Contingent to A3410.4 Transfer $245. 00 from A1220.1 to A1220. 2 Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mk. Streeter Noes : None Absent: None Councilmen Barber-(re: State Environmental Quality Review Act) What we are referring to is the State Environmental Quality Review Act which in our opinion or at least in m ..opinion is going to present an administrative nightmare upon our government and upon our business and upon development in our community. Our Town was represented yesterday by myself and Mr. Liapes and we presented to the,-informational meeting that was conducted by the Department of Environmental Conservation a letter that was written by our Supervisor and authorized by this town board I would like to read this letter because this particular letter from Mr. Gorden,� tl�e Deputy Commissioner of the New York State Department of Environ- mental Conservatinn in referrence to the Environmental Quality Review Act. I would like to preface that remark by the fact that on November 10th or 9 October 27th I should say 1975 we received this letter from Mr. Gordon: with the proposed enacted law that will go into effect on January lst. 1976. The preliminary drafts,were received on September 30th. 1975 that the acts = - were circulated of which we never got a copy of and this proposed law that will go into effect on the 1st. of January will effect everybody in this room it will effect this state much worse than anything that *s being currentl, experienced in the Adirondack Park Authority. There has not been any, what..se-ever, input from our community, from our town to the Department of Environmental Conservation in respect to this proposed legislation. Mr. Gordon letter stated that we had the opportunity to attend a meeting this past wednesday at 10:00 O'clock because of the critical deadline some comments were received toolate to be incorporated into the public hearing draft.Please be assured that they will bey considered along with the record of the public hearings in the preparation of the final .regulations that will 'be filed with the Secretary of State by January 1, 1976. We urge you to review the enclosed regulations carefully and to provide us with your comii ' its as soon as possible Written 'comments are stongly encouraged. Please note that the hearing record will be closed on November 28, 1975. If you or your group wish additional information on the SEQR (which is the State Environmental Quality Review Act Regulations) please contact Xia*,J agee, she is the coordinator at such and such an address, telephone number. Miss Jane Magee did conduct the meeting yesterday morning for the negartment of Environmental Conservation and there were. :represenatives there from,Albany, Saratoga County, Warren County, W"biugtoC y, Hamilton County, and many. municipalities such as townships, cities and what-have-you. There were perhaps two hundred people there as well as industries representatives. I was delegated by my Supervisor N to atterid 'this meeting and to read the following letter: Dear Mr. Gordon: Q I have been empowered by my, Town Board to make a very violent protest regarding the proposed STATE ENVIRONMENTAL QUALITY REVIEW ACT. It is the opinion of the Town Board of the Town of Queensbury, that despite the cited preliminary in-put up to September 30, 1975, that the importance and implications of this proposed legislation to be imposed on January 1 , 1976, is too embryonic and in need of a great deal more consideration and local input. I assure you that our Town Government will be represented at the Hearing proposed for Albany on November 17 , 1975. The rule of local Home Government decision making, cannot be further eroded by this type of ill-considered and, in my opinion, hastily prepared and scheduled to be unjustly imposed and rail-roaded upon the citizens of New York State. Upon reading the letter to the entire body of approximately tw6 hundred people , Mr. Gordon Streeter' s letter received a resounding applause. I have some reports at your request that I would be more than happy to give to)„you. Supervisor Streeter-while Bob and George were at the meeting yesterday. in my mail, I received a publication, I do belong to the New York State Association of Counties since I have been representing Queensbury on the County Board. I received this newsletter and their front page was devoted to Public Hearing Attendance Urgent; I will not read the whole thing because of the remarks that Mr. Barber has made, but I will read excerpts from it. The thing I would like to point out the only extra meeting I know of is this one that came about yesterday, and I did not know about that until Monday night when 'Mr. Barber told me about it, they never notified me. . . Councilman Barber-there was no formal notification. . . Supervisor Streeter-We were certainly glad to have them go. The point, I would like to make is that starting next monday the 17th the hearing we are going to is in Albany then on a eve-ive days 18, 19,20, and 21 hearings are going to be held. Here are where the hearings are going to be held sure they cover the state but they are in such wide despdrate areas that there has got to be a lot of the State that are going to be a long ways from any one of these placed fortunately we are not too far away from Albany. On the 18th it will be in New York City, the 19th Mineola, the 20th Syracuse, and the 21st Buffalo, and that is one reason why I tried to put in the letter very strongly hoping that we can at4east delay this precipitant in railroading that what it is of this act upon the people. In the County Conversationalist the paper I referred to it has these remarks : The main effect, and Mr. Barber has not heard these remarks, The main effect of these Rules on local governments is embodied in the mandate -The main effect of these Rules on local governments is embodied' in the mandate "No decision�-to carry out or approve- an action which may have a significant effect on the environment shall be made until` after the filing and consideration of a final environnmental impact statement. . . (Section .06 page 14 of first draft. Further- remarks. . .This can upset local zoning juriddiction, county-wide reassessment of real property, park development, sewage treatment plants, putting air conditioning -into existing building, and location or improvement of highways , just to mention a few areas of impact. In their present form the Rules and Regulations violate the legislative intention of the Act that "Social, economic and environmental factors shall be considered together in reaching decisions on proposed activities." that is in paragraph 8-0102 (7) . The federal requirements for environmental impact statements has stagnated federally aided highway projects . . . (if we waited for the environmental impact study to have built Bay Road we still would be about three years away. . .thay be —' to some that would be good but I think almost everbody, now that it is in there and it is two lanes and not four, certainly appreciates coming up that Bay Road) . . . "As of mid-year (1975) , approximately $3. 3 billion worth of road improvement projects in the State of New York, employing some 144,000 workers were being held up" . . .this is the report of the Associated General Contractors of American) ENCON'S Rules and Regulations in their present form. . Xand we have some firemen here, I did call Gary Evans who is an officer of a joint committee of the fire company and I also called another fire-man who has an in -with some of the people down in Albany but here is the thing as it relates to volunteer fire companies. . .) Rules and Regulations in their present form would restrict additions to volunteer fire houses . . . (West Glens Falls put put on a beautiful addition which has not only added to the community with a nice building but added to their income by the activities that they conduct-- there in raising funds to help carry on the business of their fire protection and ambulance protection. Mr. Wood asked if this law pertained to just the Adirondack Park. Mr. Barber stated that this was a new law and it has been passed by the legislature. This affecto--you personally, and everybody in the state of New YORK. Mr. Wood-I live in West Glens Falls , it does not pertain to me. Mr. Barber-It does pertain to you. Mr. Wood-I would like to see them do away with the AdirondacIL Park. Mr. Barber-This has nothing to do with the Adirondack Park. T his takes in the entire state this law. This talus in everything that you do. If you want to put an addition on your house, if you want to improve your house 50% all you have to do is come and get a permit to do that within the laws of our community, our town. Now, with this new law that has been passed by the legislatures and signed into law, it will go into effect in the law on January 1st, 1976, you will have to file, you personally have to file an Environmental Impact Study with the State of New York. Now let me give you a few ideas what you have to tell the state of New York' Number one, that you are financially capable of putting on an addition to your house. That in my opinion is none of their business. Number two, you have to prove to them that the geology and soil composition f the ground that you are going to build your house upon. For instance, 9clogical character and bedrock superficial soil conditions and characteristics , land forms, mineral resources, erosion and sedementation, atmospheric factor, discharges by your fireplaces to be ambient air, fogging, icing and heating, we could go on and on, four or five pages of typewritten engineering qualifications that you would have to meet as an individual and the problem being is the fee that you are going to have to pay has not been established because you are going to have to pay the state or some agency of the state to �- rr4,t conduct those findings and how long number lJs it going to take to establish those findings. And what is the cost to you as an individual is going to be astronomical because there is not a set fee like fifty dollars one hundred dollars or two hundred dollars the fee is going to be the cost of conducting the s-earvkee that is why it effectseverybody in this room. This law as passed by the legislature and signed by the Governor of this State., is a dictorial form of bureaucratic government . I can not mpose,'< upon you strongly enough that tHs is being shoved down our throat'-and we are trying to say to you, the town's people bfthis government, of this community, that this has to be repealedrit can not go to form as it is presently proposed because we will live with it the rest of our lives and we are going to have the Department of Environmental Conservation living in bed with us , and I can not stand for that and I will not as elected your official vote for this and put it into effect January 1st. 1976. Hupervir Streeter-I would like to go back If I may to Encore' s rules and regulations in their present form would restrict additiona to volunteer fire houses, and even extend down to minor and insignificant activities actions and examples. If stateFdepartments find them too restrictiire,, and here is something that will really grab you, because here are some state agencies that are objecting to it, the Department of Transportation and Equalization and Assessment is so declared that they are in opposition to it, and you should examine them closely and give your oppinions at one of the hearings to be held. We will have a delegation going to this meeting on monday, because highways are mentioned here Mr. Garb is going and our Town Engineer and Mr. Barber of course with his . input that he can make for it and myself we are planning to attend these meetings and this hearing. And make our selves heard iri what we believe we are doing in your behalf sir, we are acting in the behalf of the Town of Queensbury. Councilman .Barber: This law is like putting the fox in the chicken coopjit will eat us all up. There is no question about it in my opinion. In California, they have a similiar' law and this law is incidently adapted and screened by that law, the average""development that cost forty.or fifty thousand dollard has an environmental review quality impact study that cost of anywhere from four to then thousand dollars in other words if you.wanted to put up a fire house addition for forty thousand dollardsyou would have to file with DEC and the appropriate agencies to comply with the various stipulations as set forth that it would cost engineering wise and legally wise an average between four and ten thousand dollars if you are lucky. Now Saratoga County ,just spent in excess Q of fifty thousand dollars to present their environmental impact study to the state of New York, and with what we propose in Vhtrenoftunty for a sewarage agency our cost has been estimated by some competent engineersjover this past weekend, to be one hundred and fifty thousand dollars to meet. these new regulations. An additional tax effort upon the citizens of our community. I have been very much involved with this for the past few weeks and I would like to have this town board to go one record and I would like to present the following resoltafts- RESOLUTION IN OPPOSITION TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT RESOLUTION NO. 221, Introduced by Mr. Barber who moved its adoption, seconded by.Mr. son: WHEREAS, time,the mos*recious commodity of life and business has not provided for the promulgation and adoption of these vitally important rules and regulations which is the State Environmental Quality Rev' w Act, in its present form, is a disservice to the public of the S to o New York, At a time when our economy is in a definite need of stimu- lation it is imperative that this act.not be hastily enacted. Our economy in the town economic development will be sufficiently hindered if this act is enacted in its present form, and WHEREAS the importance and implications of this act that will be imposed upon our town on January 1st. , 1976 is too embryonic and in need of a great deal more consideration and local input, and WHEREAS the rules and regulations, as drafted, present anr'administrated nightmare, the procedure whereby a town will undertake the review process completely lacks in clear definition as to how the process would and will work. The possibility of delay is endless. The applicant has no control of the fee that will be affixed for any environmental impact statement imposed by any ageacy of the state, therefore be it RESOLVED, that the Town Boarddf the Town of Queensbury is opposed to the adoption of the State Environmental Quality Review Act of 1975 in its present form and if further input is not forth-coming from townships such as the Town of Queenbbury the Town Board of the Town of Queensbury will resist the adoption of the regulations as set forth by the State Environmental Quality Review Act. Duly:adopted by the following vote: Ages : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Streeter Noes : None Absent: None U Councilman Barber. The Town Planning Board, the Town Zoning Board of Appeals the Beautification Committee the Environmental Committee will have to comply with this new act. I think we comply with it sufficiently, and presently, just to give you another outline as to how cumbersome this law and act is in the event that we want to conduct the balloon festival again somewhere in our town we have to apply to the State DEC and request permission to have a recreational facility acid eN=y function of this nature. I am t ted of big brother, I am just t qed of State shoving it down our throats, I think this town does a damn food job in reviewing its development. This town has had good growth, damn good growth and we don' t need big brother stepping over our shoulder anymore,we can't permit the state and the federal government to confine business and growth in this community�,wwymoze. If we do the tax burden upon the citizens of our community is just going to be outrageous in the future. We have to have growthjwe have to have industry to do what they have to do f that is to grow, and they have grown properly in this town. Hercules a fine example as to how they have cleaned up their environment, Finch Pruyn"doing a tremendous job twelve, thirteen millon dollar development presently. We have to live, and with this new law there is no room for growth. I just feel so ce�kpe :aed by my proposal before this board that we have to go on ree cord` put our name on the line that we are opposed to this. Councilman Robertson: I certainly agree with what Mr. Barber says. . . Councilman Robillard: I concur with Mr. Robertson. . . (in a short discussion of the board the original resolution was amended from "not adopt the regulation asset forth in-the state Envir- onmental Quality Review Act that will take effect January 1st, 1976 11to read as above stated. . . ) Councilman Barber-Just as a final comment, I would like you to introduce.'. this resolution to Mr. Gorrion,Monday, as well as your letter of November 10th. to be a matter of record with the State of New York. ANNOUNCEMENTS: -Supervisor Streeter and Supervisor Elect`-Mr. Brandt attended a meeting with Governor Carey re: Big Mac the Supervisor outlined several proposals made at this meeting. . . -Open house slatec�Police Highway Building 2 :P.M. December 6th. Water Plant 2: 00 pp M. December 7th. -Noted Fire Company audits have started to come in. . . -Water Superintendent Thomas Flaherty recommended to the Town Board that the Bid from Atlantic States Cast Iron Pipe Co. be accepted in the amount of 4, 812.00 dollars. . .noted that the bidding was very close. RESOLUTION TO ACCEPT BID FOR 6" CAST IRON PIPE FOR THE SHERMAN ISLAND ROAD PROJECT RESOLUTION NO. 222 Introduced by Mr,x Hammond Robertson who moved for its adoption, seconded by MR. Gorddn Streeter: WHEREAS, the Town Board advertised for sealed bids for 6" Cast Iron Pipe for the Sherman Island Road Project and WHEREAS , four bids were received from the following: Atlantic States Cast Iron Pipe Company,:, Robert D. Spence Ins . Martisco Corporation .._ Stone Bridge Iron & Steel Co. WHEREAS, it has been recommeriddd by Thomas Flaherty, Water Superintendent and determined by the Town Board that the Bid of Atlantic States Cast Iron Pipe Company was the lowest of the bids received by the Town Board and they have ex-ectued and filed the non collusion certificate required by Section 103D of the General Municipal Law as amended therefore be it RESOLVED, that the Town Bo. wd of the Town of Queensbury accept the bid of Atlantic States Cast Iron Pipe Company in the amount of $4,812.On ; to be. : paid from the Water Bond Account'. - Duly o y a pted by the following vote. Ayes: Mr. Olson, Mr. Barber, Mr,.- Robillard, Mr. Robertson, Mr. Streeter Noes : None Absent: None Councilman Robillard-noted that Mr. Frank Bly had called him and notified him that a condition on River and Second Street which was to be repaired has not. . . Councilman Barber-received the request as per the Highway Committee and the matter will be taken care of. . . Councilman Robillard- Requested that it be looked into the probability of taking a Census of the township. . possible more state aid ect. could the town attorney look into this. . . this might help with the voting level at the county. . . Supervisor Streeter-This will be looked into. . . -Announced the Queensbury Bi-Centennial Display at Aviation Mall, November 17-22nd. OPEN FORUM: 8: 39 P.M. CQ - Mr. Glen Gregory-thanked the Town Highway for repairing the ditch in front .of the West Glens Falls Fire Co. . . . -Mrs. Norma Washburn-of Warren Lane-re: Warren Lane this is not a town road, there are now fifteen families on the road .we underdtand that the towK can dondeiin*he road and then they can take care of iticould this be done? The Town can not get the deed to the highway. . . the road is in bad shape ,the children can not get out to the school bus in the winter. . . -Town Counsel-this is a policy decision of the town board whether the action requested would be appropriate . . .condemnation procedures would be utilized. . . -Mrs. Norma Washburn-We have to have something done if an ambulance was needed they could not get in their. . . -Supervisor Streeter-The board will review this problem this week. . . -Mr. Wood-This has been going on for five years. . .noted a problem with Mr. Converse setting .up mobile homes without a permit. . -Councilman Olson-this man is now in court. . . -Councilman Robillard-we must follow the law. . .we can not push the courts. . . -Councilman Olson- we still would like to have a deed to the road. . . -Harold Boynton-Assistant Building Inspector-review his steps in the actions against Mr. Converse. . . -Coundilman Robillard- In talking with counsel it was recommended that about a year ago we granted a three month blah.ket permit for many of the mohile homes on Warren Lane and again`,-to help the people out. It has been recommended this evening that for the protection of those taxpayers those residents of the town of Queensbury who deserve to be treated just like anyone else that we grant another three month blanket permit. Limited to the people on Warren Lane it does not cover the trailers being placed there by Mr. Converse. I am talking about the people that live on Warren Lane who were subject to the last special permit that was granted by this Town Board for their protection so they are there legally. RESOLUTION AUTHORIZING BUILDING INSPECTOR TO ISSUE TEMPORARY MOBILE HOME PERMITS FOR A 90 DAY PERIOD TO NINE OWNERS OF PARCELS ON WARREN LANE RESOLUTION NO. 223 Introduced by Mr. Harold Rohillard who moved its adoption, seconded Mr. Robert Barber: RESOLVED, that the Building Inspector. is hereby directed to issue temporary mobile home pammits to the following: tt Henry & Patricia Steves Jeffrey & Tina Washburn Beatrice Ward Paul & Shirley Eldred Mr. & Mrs . Eatl Cutter Mr. & Mrs. George Billings , Jr. Joan Combs Richard & Ann Didio Darwin Carter for a 90 day period in each instance to the nine owners of parcels on Warren Lane on which mobile homes are located for which no permits have been issued; and be it further RESOLVED, that the necessity of written applications and payment of fee be dispensed with in the issuance of said permits in this instance. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Robillerd, Mr. Robertson, Mr. Streeter Noes: None Absent: None -Mr. Ernest Dutcher-who gave Mr. Gerald Burch a permit to move another trailer in on East . Drive,­? -Councilman Robillard- no one,but we will check it out tomorrow. . . Mrs. Brown-I have gotten myself into quite a legal hassle concerning the fencing in of a swimming pool in the Town of Queensbury with Mr. Boynton. Mr. Robillard you are familiar, I spoke with you and within twelve hours I had action .from you from the gentleman who made the remark on the two way radio, and I do thank you very much for that. I would like to know the rules and regulations on fencing in swimming pools in the Town of Queensbury, and why is it not enforced when a pool has to be fenced in. Councilman Olsor--Is it an above ground or in ground pool? Mrs. Brown-It is above the ground---we know it has to be fenced in. My question is, why is it not enforced? Mr. Streeter-Mrs. Brown, if you have knowledge of swimming pools that should .be fenced in, if you will communicate that information either to me or to the Building and Zoning Dept. --- Mrs. Brown-I have tried for the past year and a half. Councilman Robillard-Where is that Mrs. Brown? Mrs. Brown-It is on June Drive. Mr. Boynton-That has been in question and we will check it out. Mr. Robillard-Will you please report back to me so that I can report to Mrs. Brown. Mrs. Brown-How about some sidewalks from he Aviation Road to the Mall Parking lot--- Mr. Barber-We can not do it because the road is owned by the Pyramid Corp. REPORTS. Supervisors report for September was filed with the Clerk The report of unpaid water rents for the period of Ll-1-74 to 10-31-75 was filed with the Clerk. The Highway report for September was .filed with the Clerk. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 224, introducid by Mr. Robillard who moved its adoption, seconded y Mr. Robertson. RESOLVED, that the Audit of Bills as listed in Abstract No. 75-11 numbered 1423 through 1654 be accepted with the exception of Audit No. 1525 and totaling $154, 775. 98 be approved.