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1972-03-30 A Postponed Regular Meeting March 30, 1972 Members Present: Gerald B. Solomon Supervisor Lloyd Demboski Councilman Robert Barber Councilman Harold Robillard Councilman Gordon Streeter Councilman Harold Katz Town Counsel The meeting was opened at 8 :15 P.M. with a Salute to the Flag. The following visitors were greeted by the Supervisor: Mr. and Mrs. Carlos Bombard Hally Weller James Weller Gilbert Mellon George Liapes Harold Boynton Florence Mcllvaine Raymond Hoague Mrs. Robert Monahan Kip Grant Michael O'Connor Robert Monahan Mary Lou Quinn Joseph Murphy The following Mobile Home Applications were tabled until the next regular meeting : Carolyn Jean Lipps, Robert Waters, Ethel Matteson, Gary and Sharon Greene, The following. letter regarding the Police Department was read by the Supervisor: 350 Ridge Road March 15, 1972 To the Queensbury Police Department: This is to commend and thank Patrolman George Stannard for the job he did in apprehending the pair at Katskill Bay who were robbing the camps. We feel that he put himself in a very dangerous position and was most valorous in tracking down what could have been men with weapons, or at least able to do him harm. It is a matter of concern to us that our policemen must travel alone on what could turn out to be a hazardous mission at any time. Please thank him for us. Yours truly, Ruth- and Harry Blaisdell (Co-owners of the Berger Camp) Supervisor Solomon complimented Gary- Walrath, of the Glens Falls Historical Association, who has very nicely done the display windows in the Queensbury Town Office Building. The Police Department' s report for the months of January and February was received and -placed on file. The Watet Department' s report for the month of February was received and places on file. Mr. Solomon stated that this regular meeting would be as short as possibtk -- as, there would be a meeting after on the CSEA contract. The Supervisor then opened the meeting to the public. Jim Weller introduced himself and wanted to know what action had been taken on the petition he brought before the Town at the previous meeting. Mr. Solomon said *Mr. Katz had- the petition and would explain what had been done since that time. The peitiion in question has reference to the dumping of- primarily tree stupps do the Dunn property in the Town of Queensbur�y. The petition was accompanied by a request from Mr. Weller ON �` '"`� E �` � aF sT��� Town ordinance controlling dumping. Mr. Weller stated the dump was a t€lireat to the children of the area, a threat to wildlife, fire hazard. He requRsted the Town Board take immediate action to eleminate the existing situation. 8 Mr. Weller also stated that the petition included that this dump was a der3nite violation of a town law. 'I We are protesting th N bp J#,n has not been enforced. Mr. Katz stated to Mr. Weller`�that it was h ontention that the Town Dumping Ordinance was violated.' Harold Katz stated that it was his opinion that, after visiting the site, the violators could not be prosecuted. His reasons were that the ordinance does not define 'garbage' and'rubbish' . The ordinance defines 'dumps' and 'Eacilities' . Dumps is defined as the placin; of certain paper, rubbish, and waste material at a particular site. Facilities is defined as disposal of garbage, waste products, such as, waste food or vegetation, parts of animals, capable of ferment or decay, inflammable material including sewage placed or left. Mr. Katzd recommendation to the Town Board is to ammend the present ordinance or enact a new one to cover this particular situation. In Mr. Katz' s opinion, a violation does..: not exist. It is a civil nuisance matter. The Town Board has. notified. the violators to stop operations at the site and has called in the Department of Environmental Conservation. Mr. Frank Walters , of that deptartment, reported his findings to Mr. Solomon . Mr. Katz advised the Town Board not to conduct a public hearing, but, to turn the matter over to the Conservation Dept. for their consideration, since the dumping site is located on private property. Thus, it would be the taxpayers, not the town' s matter. According to Attorney Katz, trees, brush and such related materials may be kept on own land, which is included in the ordinance. Mr. Solomon and Mr. Walters met at the site of the dump on the Glen Lake Road. Mr. Walters conferred with Mr. Solomon on Title 10, Official Compilations of Codes and Regulations of the State of New York, Part 19, specifically stating, trees, brush,roots are not pollutants, assuming there is no garbage, only dirt and gravel. Therefore, according to this report, there is no violation of pollution. Mr. Solomon also stated the Barbers agreed not use the site or cover what is there, as there are several piles of fill there. What is there could be covered providing no more is added. The Barbers claimed they would have covered the trees and brush i a8te fall if there had not been such a bad snow storm.Mr. Solomon advised them not to cover anything until it had been discussed with the Conservation Dept. Mr. Weller stated that he did not think that the Dept of ENCon should be the sole judge of this problem. There are other problems such as fire and rodent problems, drainage and the possibility of the fill sifting down through the stumps and trees. Mr. Weller stated that the board must satisfy not only the ones who are hear tonight but also the 150 names who are on the- petition which he is presenting tonight. This is the second petition. This area is not only being used by the Barber' s as a dump but also other people in the area who seem to think that this area is now a place to dump rubbish. Mr. Solomon stated that if any one is caught dumping there this is a direct violation of the dumping ordinance. Mr. Katz commented that it was up to the owner Mrs. Dunn to post the property if she desired no dumping there. Mr. Hally Weller suggested that a meeting be held to satisfy not only the people involved but also the 150 petitioners. The meeting should include the Barber' s and anyone who would have a possible solution to the matter. Mr. Barber spoke and stated he did not like the dumping. Michael O'Connor, legal counsel for the Barber' s spoke and explained why they have dumped on this property. They did contact the Town and the Dept. of EnCon. , and the Building Inspector and were given the approval to dump. The Barber' s are willing to cooperate in every way to arrive at a solution to this matter. Mr. O'Connor stated that if a meeting is to be held he thought it would be best if one of the Barber brothers were there. Carlos Bombard inquired about the culvert which was partially covered. He stated that if it was plugged his cellar stood a chance of being flooded. Mr. Solomon assured him that it would be watched very carefully. Hally Weller commented that Mr. Riley of the Abalene Pest Control would be willing to attend any meeting if it would help the cause. A meeting was set up for Monday at 2:00 P.M. at the Town Office Building April 3, 1972. , with all parties concerned. Mr. Demboski said that the meeting should be held with only the people involved so as not to confuse the issue any more. He also informed Mr. Hally Weller that as far as he was concerned that either the stumps should be removed or covered. Joe Murphy approached the board and voiced his opposition -to one of the - trailer applications read this evening. He was informed that the baa. rd that this application was tabled until the April 13 meeting and that a public hearing would be April 27 at the earliest. Donna MacPherson of Lupine Lane asked if the Board would consider in the near future some kind of Dog Control, either a Leash law or a Control law. Mr. Solomon stated that the Bard is working with several municipalities and hopes to come up with a solution in the future. Mr. Myron Harrington asked if there have been any new developments in regard to the City of Glens Falls and the Town of Queensbury merging together oar!: using the Town landfill. Mr. Solomon stated there were no new developments. Both the City and the Town have been very busy negotiating a contract with the CSEA. Mr. Streeter informed the Board of his receiving a letter from Margaret Lucas voicing a strong pr6t&sip to the ppppoiedoJoint landfill. RESOLUTION REGARDING PUBLIC OFFICIAL BOND RESOLUTION NO. 63 , introduced by Mr. Streeter who moved its adoption seconded by Mr. Barber. &ESOLVED, that the bond of the following town officer of the Town of Queensbury is hereby approved as to form, amount sufficiency of surety and manner of execution, as follows: NUMBER SURETY PRINCIPAL AMOUNT BND 190 61 05 G.F. Insurance Harold E. Boynton $4000.00 and be it further RESOLVED, that the members of the Town Board sign a certificate to that effect upon said public official bond as described. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. RESOLUTION TO AUTHORIZE CONTRACT WITH CRANDALL LIBRARY RESOLUTION NO. 64, introduced by Mr. Demboski who moved its adoption seconded by Mr. Robillard. WHEREAS, the 1972 budget of the Town- of Queensbury provided for an item of $19,000.00 to be paid to the Trustees of Crandall Library for library services furnished to the residents of the Township, and WHEREAS, Town Counsel, Harold W. Katz, has approved such a contthct between the Town of Queensbury and Crandall Library, therefore be it RESOLVED, that this contract between the Town of Queensbury and Crandall Library for furnishing library service to the residents of the Town of Queensbury for the fiscal year of 1972 is hereby approved, and be it further RESOLVED, that the Supervisor is hereby authorized and directed to execute the contract on behalf of the Town, and that a copy of such contract duly signed shall be filed with the Town Clerk. Duly adapted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. Mr. Solomon reminded all of the dinner for Senator James Buckley at the Holiday Inn in Saratoga Springs on April 6. .-- Mr. Barber announced that the landfill will be closed on Easter Sunday. On motion the meeting was adjourned. Respectively submitted, Donald A. Chase, Town Clerk. 60 RESOLUTION NO. 45 ,introduced by Mr. Barber, who moved its adoption, seconded by Mr. Demboski. WHEREAS, Pine View Cemetery, a membership corporation, conveyed to the Town of Queensbury by deed dated July 17, 1947, and recorded in the office of the Warren County Clerk on September 30, 1947, in Book 256 of Deeds at page 399, the lands which include the existing Pine View Cemetery lands,and WHEREAS, by Chapter 814 of the laws of 1948 the 1/.egislature provided for a Board of Cemetery Commissioners of the Town of Queensbury to have the management, supervision, and control of the cemeteries and places provided for the burial of the dead, belonging to or under the control of the Town of Queensbury, and WHEREAS, the Board of Cemetery Commissioners of the Town of Queensbury- did' on the 27th day of January, 1972, make a determination by resolution that the lands of Pine View Cemetery, as described therein and as hereinafter described, being the frontage along Quaker Road, are not presently used for burial purposes, are not required for future expansion and develop:-ment of Pine View Cemetery and are not generally suitable and desirable for burial purposes, and approving the use of said portion of Pine View Cemetery land for other town purposes than burial purposes, and WHEREAS, the said portion of the Pine View Cemetery lands fronthin on Quaker Road are not required for any town purpose, be it RESOLVED AND DETERMINED that the following described portion of the Pine View Cemetery lands owned by the Town of Queensbury, to wit: "All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, Warren County, NewYork, more particularly bounded and described as follows: BEGINNING at an iron pipe in the ground in the north- erly bounds of Quaker Road at the southeasterly corner of premises conveyed by the Town of Queensbury to Megan and Denny Funeral Services, Inc. , by deed dated November 9, 1971, recorded November 15 , 1971 in Book Number 543 of Deeds at page 268 in the Warren County Clerk' s Office , running from thence North 13 degrees and38 minutes East along the easterly bounds of the said lands conveyed to Regan and Denny Funeral Services, Inc. , 275.00 feet to an iron pipe in the ground at the northeasterly corner thereof; thence running South 78 degrees and 04 minutes East, 200 feet to an iron pipe in the ground; thence runningSouth 13 degrees and 41 minutes West, 275.00 feet to an iron y pipe in the northerly bounds of the said Quaker Road; thence running North 82 degrees and 56 minutes West along the northerly bounds of Quaker Road, 53.00 feet to a concrete monument found in the ground; thence rtnning North 76 degrees and 22 minutes West, still along the northerly bounds of Quaker Road, 147.00 feet to the point and place of beginning, containing 1.272 acres of land, be the same more or less. Bearings refer to the magnetic meridian as of June , 1971." are not required for any town purpose or use, and be it RESOLVED that said lands be sold in accordance with applicable provisions of the Town Law, and be it RESOLVED, that the conveyance of such lands shall be subject to the following covenants and restrictions which shall run with the land and shall bind all future owners thereof: " The party of the second part covenants that neither it nor its successors or assigns shall at any time hereafter maintain or permit and mechanical business or any stable, barn, garage or gasoline station, nor erect, carry on, maintain,, suffer or permit on the premises or any part thereof, any brewery, distillery, dram shop, saloon or other place for the manufacture or sale of wine, beer or intoxicating liquors, nor any dangerous, offensive or noxious trade, business or ocaupation or any nuisance whatever, nor any trading or manufacturing business, nor erect, carry on or maintain, suffer or permit on the premises or any part thereof any boarding house, multi-unit apart- ment house, tenement house, public market, paint shop, theater, rest- aurant, hot dog stand, place of amusement, objectionable manufacturing industry, coal yard or oil or gasoling storage yard nor shall said lands herein conveyed be subdivided or sold except as a whole, and that this covenant shall run with the land and bind all future owners thereof." Daly adopted this 27th day of January, 1972 by the following vote: AYES: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. NOES: None.