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1985-02-26 5 TOWN BOARD MEETING FEBRUARY 26, 1985 MEETING OPENED 7:44 P.M. TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. Daniel Olson-Councilman Dr. Charles Eisenhart-Councilman Mr. Daniel Morrell-Councilman Mrs. Betty Monahan-Councilman Mr. Wilson Mathias-Town Counsel PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN Press: G.F. Post Star Guests: Mr. Robert Shaw, Mr. Bill Threw, Mr. Pliny Tucker, Mr. Trombley, Mr. Bowman, Mr. Clark, Mr. Williams Town Officials: Mr. Thomas Flaherty, Mr. Rick Bolton, Mr. Rick Missita, Mr. Paul Naylor PUBLIC HEARING -Hearing to consider the application of Faith Bible Church of Division Road to operate a stump dump on their property...Opened 7:45 P.M. Notice Shown SUPERVISOR WALTER-Mr. Shaw could you respond to the EAF that was given to the Board? MR. ROBERT SHAW- 9 Reservoir Drive- yes. SUPERVISOR WALTER- Section B, Number 2, it is indicated how much natural material will be removed from the site and there is a figure of 100,000 cubic yards, my questions is, if it is in fact to be a ravine to be filled, why are we moving 100,000 yards of material? MR. ROBERT SHAW-The material to be moved is from a site that.will be made into a pond, the natural material from this site will be used to cover the stump dump. A permit from ENCON has been obtained to build the pond... SUPERVISOR WALTER- Questioned why the EAF report on the stump dump incorporates the mining permit that was given by ENCON? MR. BILL THREW-We have two problems, we have a pond that they want to build, we have a permit for that from DEC and we have to take fill from the project and put it somewhere, we do not have where we were going to put it before. We know with the stump dump we will have to have fill to cover it and maintain it. We will take the sand from the project, which is adjacent to it, and put it on the stumps. COUNCILMAN MONAHAN-Is that pond adjacent to the stump dump? MR. BILL THREW-There is water that comes out of the ground we cannot cover that up, we stopped the other dump from going to that and we are going to make a pond and stock it. COUNCILMAN MONAHAN-How far is this from the Stump Dump? I MR. BILL THREW-About 300' away. In the EAF form we were just explaining where we were getting the fill from. SUPERVISOR WALTER-Question three, how many acres of vegetation will be removed from the site? you have responded 1.5 acres of vegetation... MR. BILL THREW-That is the area of the pond, that really does not have anything to do with this application. 54 SUPERVISOR WALTER-Those are misleading statements... Number 10, Section B-The number of jobs eliminated by this project and the figure was listed, I wondered how that come about? MR. ROBERT SHAW-I do not know... SUPERVISOR WALTER-The other thing that we need is a map of the area, showing where the 1.5 acres is located... MR. PLINEY TUCKER-Division Rd.-Certainly their performance before needs a little bit to be desired. They made the statement that there is a spring there and they cannot cover that, I would like to disagree with them and state that it is already covered. SUPERVISOR WALTER-In the information that we have, the stream is 800 feet away. MR. PLINEY TUCKER-The illegal landfill that they ran for four years there, they covered a stream that came out of the ground, which runs into a brook which kids caught trout out of. These ravines that they are talking about filling in and changing are natural run offs to the river. The information that we have is that for four years they have been dumping up there illegally, according to Town Ordinance Number 8. When we were here last summer we did get letters to Mr. Threw and Mr. Storms and dumping stopped. At the last board meeting the paper reported that the material was removed, the only thing that was removed was refrigerators, all the rest of the stuff is still there. It smokes and it smells like a dump. After they stopped dumping there Mr. Threw stored a great deal of gravel, part of it is still there. His trucks come in a haul out of there, it looks like he is running a business out of there. We have information and we are sure it can be verified that there was quite a bit of money changed hands during this operation. November 6th Rev. Storms came down the road with a load of junk in his truck Mr. Monrian confronted him, he said the ordinance states anything created on the site could be dumped there. Mr. Monrian said we observed you coming down the road with it and he did not give an answer. He told Mr. Storms to dump it and he would call the police, Mr. Storms left the site. I have said before there are people from everwhere dumping...Last summer we got the board to admit that dumping was illegal...the next step was to get it removed, it is still there. The dumping has been going on for four years, at 365 days in a year at 50.00 dollars a day in violation I come up with 74,000 dollars that these people owe the Town for being in violation of the Town Ordinance. I would like to settle this in the Town...I will take action if I cannot get firm results out of this Town Board. Mr. Olson went down there and took a look and thirteen months later he made the statement that he saw nothing wrong, questioned why the Board did not go to the Town Clerk and see what ordinance was being violated. Last Summer at the Civic Center they had stock cars or what ever they filled the civic center up with dirt, Sunday until after midnight we listened to his trucks go down the road and dump that stuff down there. The Zoning does not say that a church can go in there, say nothing about a business. MR. BILL THREW-Mr. Tucker has made some accusations, he said that a lot of money has changed hands, I would like to have that corrected. ...he said that the stream that is involved here is covered up ... it is not, I have talked with George Stec, DEC we have gone over the property, it is still running, we were there today. The land is posted, there is not supposed to be anyone there without permission. It was true that people were in there dumping, we took all that junk out of there and all we have is brush and wood, and George Stec approved that. The stream is running and that stream is what we are trying to save, this is where the pond is originating. We are working on it during businsess hours. i COUNCILMAN MONAHAN-I believe it was mentioned that the spring has been covered up? MR. BILL THREW-It is running today...we are going to use that spring... MR. TUCKER-(A letter from George Stec was circulated amoung the members of the Board...) I I COUNCILMAN MONAHAN-Mr. Shaw, this request tonight is by the Faith Bible Church, on the EAF Faith Bible Church doing business as Hope Memorial Gardens, will you explain that? MR. SHAW-As part of the church ministry, is the operation of the cemetery Hope Memorial Garden.. 55 COUNCILMAN MONAHAN-What is the relation of Hope Memorial Gardens to the Church, a wholly owned subsidiary or what? UNKNOWN-There is ten acres set aside for the cemetery portion, it has its own accounting records, when you sell lots, family plots or individual it has to be a seperate part... COUNCILMAN MONAHAN-Regarding the dump, who is the owner, who holds title to the land? MR. SHAW-The Faith Bible Church... COUNCILMAN MONAHAN-Who issues the deeds to the cemetery, the Hope Memorial Gardens, Right? MR. SHAW-yes. " COUNCILMAN MONAHAN-What I am saying is that the land that is encompassed by the stump dump belongs to Hope Memorial Gardens or Faith Bible Church. MR.THREW:It belongs to the Faith Bible Church...Hope'Memorial Gardens is in front of it. The Church owns the land around it ... COUNCILMAN OLSON-You are saying that the Faith Bible Church is the owner of all the property? MR. THREW: Yes COUNCILMAN OLSON-And they are going to operate the cemetery under that name...The Faith Bible Church is the organization when there is problems. MR. THREW-Yes. These items were put in without our permission that is the reason for the cable going up and the no tresspassing signs. MR. TUCKER- In 1968, Mr. Solomon, Supervisor, Mr. Demboski, Mr. Robertson, Mr. Austin and Mr. Robillard were Councilmen and they purchased 38 acres from the Merritt Estate to move the landfill up there, we had a tough go of it, between 68 and 72 the Board spent $5,000 with Allen Assoc. to design a park, this land borders on the land Mr. Threw wants to use as a dump......I have pictures...some of the refrigerators are still there. MR. GERALD MONRIAN-Division Rd.-If you dug up the Stump Dump that is there now you would see everthing there—the gravel that is stockpiled there is still be hauled out. I thought that was against the variance. MR. JOSEPH DEPALO-live next to the subject property...I have no objection to the stump dump, I smell no odors. MR. USHER-Pinewood Rd.-Noted that he use to dump at the site but was stopped... COUNCILMAN MONAHAN- In Mr. Stec's letter to Mr. Tucker he said that the stump dump at that time was encroaching on a classified stream, the location of the so called illegal stump dump of 5-4-84, is it the same location that you are asking for a stump dump today? MR. THREW- No it is not, it is 2-3 hundred feet away. COUNCILMAN OLSON-Mr. Shaw, did you do the application? MR. SHAW- No. Rev. Storms COUNCILMAN OLSON-Did you review the application? MR. SHAW- I reviewed the application after it was submitted. SUPERVISOR WALTER-One of the problems that we have is at this point we cannot call this a completed application because we do not have a map, and we should have one on file. COUNCILMAN MONAHAN- Questioned the vegetation being placed where the i pond will be...? MR. SHAW-In State Law, ENCON, the borders of the pond will haves SUPERVISOR WALTER-Asked for further comments, hearing none the Public Hearing was closed. 8:14 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 49. Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that the Town Board Minutes of February 12, 1985 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Walter Noes: None Absent: None Abstain: Mrs. Monahan RESOLUTION TO POST HIGHWAYS RESOLUTION NO. 50, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, Superintendent of Highways, Paul Naylor, has recommended pursuant to Section 1660, Subdivision (A) 11 of the New York State Vehicle and Traffic law, that certain Highways within the Town should be closed to any vehicle with the gross weight in excess of three tons per axle effective from the time of the erection of the signs and WHEREAS, the restriction will be in effect until the removal of the signs as directed by the Town Board of the Town of Queensbury, therefore be it RESOLVED, that the following roads be closed under this order and further RESOLVED, that proper notice be made in the Local Press. Bell Mountain Road Gurney Lane Mountain-County Road to Town Line Butler Pond Road-Mountain Road to end Fuller Mountain Road-Mountain Road to Boot Jack Clendon Mountain Road-Mountain Road to Town Line Luzerne Mountain Road-Mountain Road to Town Line Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION TO CHANGE POLLING PLACE —� RESOLUTION NO. 51, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: I WHEREAS, Article 4, Section 66 of the Election Law provides that this Board shall designate the Polling Places and WHEREAS, North Queensbury Fire Company has requested that the polling location of District 4 be changed to the North Queensbury Rescue Squad Building, NOW, THEREFORE BE IT 57 RESOLVED, that the Polling location for District No. 4 be established at the North Queensbury Rescue Squad Building, Cleverdale, Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None COMMUNICATIONS -Mobile Home Application of Michael Stephan Washburn of 9 Briwood Cir. to locate a moible home on Eisenhower Drive...Mr. Washburn was not present... SUPERVISOR WALTER-Noted that the application does not denote hardship... COUNCILMAN MORRELL-Questioned if the lot was on an accepted Town Highway? SUPERVISOR WALTER-The application must be resubmitted with reasons for hardship stated for the Board to consider the application. -Mobile Home Application-Darwin A. Williams Jr. of 71 Briwood Cir. to place a mobile home on Luzerne Road...Mr. Williams was present... Discussion held on location of the property... RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 52, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, Darwin A. Williams Jr. 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 outside at property situated at Luzerne Road, 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 March 12, 1985 at 7:30 P.M. in the Queensbury Town Office Building, Bay Road, and that the Town Clerk is hereby authorized and directed to give proper notice of said public hearing in accordance with the provisions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None -Ltr. Highway Dept.-recommendation made that the bid submitted by Maltbie Chevrolet for a 1985 Van be accepted. on file RESOLUTION TO ACCEPT BID RESOLUTION NO. 53, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, The Town Board of the Town of Queensbury requested that we advertise for bids for a 1985 Van for the Queensbury DCO and WHEREAS, bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Donald A. Chase, and such bids were then turned over to Mr. Paul Naylor, Highway Supt. for his recommendation, and WHEREAS, Mr. Paul Naylor, Highway Supt., by letter has recommended that the bid be awarded to Maltbie's Garage of Lake George, New York, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of Maltbie's Garage, Lake George, N.Y. for a 1985 Van in the amount of $9,708.00 and be it further RESOLVED, that the financing for such Van is in the 1985 Budget. i Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None -Mobile Home Application-Michael & Shelley Gale of 11% Traver St., Glens Falls, N.Y. to locate a mobile home on Leo Street...Mr. Gale was present... SUPERVISOR WALTER-the application does not list a hardship...requested that Mr. Gale review his application and resubmit to the Board... Discussion held in regard to Public Hearing held for Faith Bible Church application for a stump dump...it was the consensus of the Board to wait for the completed application before any decision be made... Discussion regarding the attendance of Fire Mashal Bodenweiser to attend school... RESOLUTION TO ATTEND SCHOOL RESOLUTION NO. 54, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that permission is hereby granted to Mr. N. W. Bodenweiser, Fire Marshal to attend a Course on Code Enforcement Training on May 28 through the 31st. 1985 on the Warren County Municipal Center, Lake George, New York, and be it further RESOLVED, that the Town Board authorizes payment of all reasonable and necessary expenses. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell,Mrs. Monahan, Mrs.Walter Noes: None Absent:None OPEN FORUM 8:47 P.M. -Mr. Charles Trombley- presented the Town Board with a petition from one hundred and six residents of Luzerne Road, VanDusen Road, Burch Road, Dean Drive, Warren Lane, April Lane, Clendon Ridge Development ..requesting Town Water... -Supervisor Walter- Reviewed the processes of developing a water district ..requested that Mr. Flaherty review the request and present the Board with some preliminary figures on the project... -Mr. Thomas Flaherty, Water Supt.-we have calculated approximately 13 weeks of construction once it is started...we can have some preliminary figures in approximately two weeks. Mr. Bob Bowman-Luzerne Road-Noted that other districts are close to us...we really need water, I think it is something that is really needed and we have been overlooked... 59 -Supervisor Walter- Noted that constructing a water district has a lot of legal constraints...we will work on the project right away ... -Bob Clark-VanDusen Rd.-Noted that this is not the first time this has come up, and every year the price will go up... -Supervisor Walter- Noted that the more residences that are in the district the lower the price will be. -Bob Clark- Questioned why a line was placed down Pitcher Road where there are no houses? -Mr. Flaherty-noted that line was placed to complete a loop... -Mr. Mike Danie4s-Laurel Lane-out of 49 lots only thirteen lots left unsold...we are in need of water... RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 55, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Audit of Bills as appears on Abstract No. 82-2C and numbered 308 and totaling $2986.00 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 56, Introducd by Mrs. Frances Walter who moved for its adoption, seconded by Dr. Charles Eisenhart: RESOLVED, that the Town Board hereby moves into executive session to discuss litigation. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk