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1985-03-26 1 70 TOWN BOARD MEETING MARCH Z6, 1985 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 i PLEDGE OF ALLEGIANCE LED BY COUNCILMAN EISENHART PRESS: G.F. Post Star, WBZA " GUESTS: Mr. Darwin Williams, Mr. Shaw, Mr. Bill Threw, Mr. Tucker, Mr. Turnbull, Mr. Monrian, Mr. McGowan, Mr. DeMars TOWN OFFICIALS: Mr. Paul Naylor, Mr. Rick Missita, Mr. Thomas Flaherty PUBLIC HEARING Mobile Home Application of Michael & Shelly Gale of 174 Traver Street, to locate a mobile home on Leo Street, owner of property Lawrence Millington Notice Shown-Hearing Opened 7:40 P.M. SUPERVISOR WALTER-Asked for public input... COUNCILMAN EISEN HA RT-Visited the site...this is in a location where there are mobile homes, the lot is good, I see no objection to it. MR. DEAN POETTE-I live next door, I live in a mobile home, there are six mobile homes on the street, everyone is for it. SUPERVISOR WALTER-Asked for futher comments, hearing none the public hearing was closed. 7:42 P.M. OLD BUSINESS Mobile Home Application of Darwin Williams Jr. of 71 Briwood Circle to locate a mobile home one Luzerne Road...Public Hearing was held March 12, 1985-The Town Board tabled action until further information regarding deed restrictions could be brought forth. SUPERVISOR WALTER-Requested comments from the public. MR. RALPH KNICKERBOCKER-Luzerne Road-I live adjacent to that property, there are several neighbors here also, the neighbors are still are opposed to the trailer being placed there for reasons that we stated at the public hearing. DARWIN WILLIAMS-Everyone said their property was restricted for a mobile home, did anyone show you proof yet? SUPERVISOR WALTER- No, we had a copy of the deed going back several owners and the Board has had an opportunity to review the deed for any restrictions and found none. That was only on the property in question. I have not received any information from the people who live adjacent to or across... DARWIN WILLIAMS-I have copies of all the deeds in the area (three) and I do not find any restrictions...I checked the old tax records and there were mobile homes in this area before anyone moved in there...These people built in an area where there were mobile homes. COUNCILMAN MONAHAN-...We tracked the deed back to Mabel Harold and no place was there a restriction in it.... COUNCILMAN MORRELL- Mr. Williams, is it your intent at one time or another to build a permanent home on that site? 71 DARWIN WILLIAMS-We plan on building around the trailer. SUPERVISOR WALTER-Asked for further comments or questions...none was heard... OLD BUSINESS -Ltr. on file regarding purported rat problems on Caroline Street... from the New York State Department of Health... Discussion held-It has been investigated and found not to be a neighborhood problem but a situation that exists on one lot...Councilman Eisenhart-Noted he was present when the Health Dept. visited the site with Mr. Dean, complimented Mr. Dean for his work in this situation...there are rats there but it is the homeowners responsibility... ...it is the consensus that this problem will be taken care of by the homeowner and no action as the Board of Health will be taken at this time... Supervisor Walter- I will notify in writing the owner of this parcel of the decision of this Board... OLD BUSINESS Application of the Faith Bible Church to operate a Stump Dump... SUPERVISOR WALTER-A meeting was held today with Reverend Storms and his representatives and Town Counsel and Mr. Dean...to discuss conditions for approval of the proposed project... TOWN COUNSEL-Presented the Town Board with a list of conditions as were reviewed at the meeting...noted that a map will be presented to the Board showing the exact location of the proposed stump dump. The Dept. of Environmental Conservation was contacted, there was a mining application filed but has been withdrawn the only other pending application is one for a pond, that is on the back burner...the indication I received that there would be no problem with the Town acting as lead agc:ricy for this permit. MR. SHAW-Engineer for Faith Bible Church-gave the Board a presentation of the nature of the project using a map of the area... DISCUSSION HELD ON THE CONDITIONS AS PROPOSED: COUNCILMAN MORRELL-Questioned if the elected Town Body had the right to give exclusive rights to one individual? I do not think that the Town Board should authorize any excavating business to be the only authorized hauler of material to this facility. I feel that someone should be responsible, whether it be the Faith Bible Church that is the responsible agency for meeting the criteria that is stated, I will go for that, if they choose to allow only Mr. Threw Excavating to go in, that is fine. I think if we as a Town Board authorize a person who is in business to be the only hauler to a stump dump, I think we are showing favoritism, and I do not think it is right....it was determined to change condition 1 to state only one hauler be allowed to use the facility, the one hauler to be determined by the Faith Bible Church, the name must be submitted in writing and approved by the Town Board, and if at such time the hauler be changed the Town Board must be notified in writing of such change, for their approval. This authority shall not be assigned to any other individual, partnership or corporation. COUNCILMAN MONAHAN- Requested that a locked gate be added to the conditions for greater security. COUNCILMAN OLSON- requested no other business or storage of equipment shall be operated from this site...No business or storage of equipment except when in use shall be located at the site and no overnight storage of truck there...Questioned that there was nothing in the provisions about revoking a permit or a fine if the conditions are not met...Council was requested to write this into the conditions...COUNCILMAN MONAHAN-requested that the hours of operation be changed to 7:00 a.m. to Sundown or 6:00 P.M. whichever is earlier, six days a week and no operation permitted on Sunday. MR. PLINEY TUCKER-Division Rd.-Next to dump site-Noted that there has been an operation going on there for four years that has been illegal...I do not see how you are going to control it now, when for four years you have not been able to control it. There has been a business run from there for about four years. Requested that an area in the landfill be set aside to be used for the disposal of stumps... This will give Mr. Threw an advantage over other haulers because he will have a spot to dump it. This area is residential...and this operation will depreciate our f I 72 property...Noted that he felt that the Town Counsel did work for Bill Threw and this was a conflict of interest...What the Faith Bible Church does is all right but from past performances this situation just got out of hand. If the Church had asked for a permit to excavate 100,000 cubic yards of fill and all they need is for a hearst to turn around I cannot see any reason for a stump dump. COUNCILMAN MORRELL-Mr. Tucker, through your efforts we are trying to get this straightened out..a lot of this was due to your efforts. MR. MONR IAN-Questioned why they could not use the fill they remove from the pond to fill in the ravine ...? No permit would be needed...noted that it is hard for people who work tower work to sleep with the noise of trucks going by... COUNCILMAN MONAHAN-Asked that another condition be placed that no fill be removed from the site... --' RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 65, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that the Town Board Minutes of March 12, 1985 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION TO REAPPOINT RECREATION COMMISSION MEMBER RESOLUTION NO. 66, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the term of Recreation Commission member Frank Bly expired on February 26, 1985 and WHEREAS, the Town Board of Queensbury wishes to reappoint Mr. Bly to a five year term on said Commission, NOW, THEREFORE BE IT RESOLVED, that the Town Board of Queensbury hereby reappoints Mr. Frank Bly of Queensbury to a five year term on the Queensbury Recreation Commission, term to expire February 26, 1990. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION TO REAPPOINT RECREATION COMMISSION MEMBER RESOLUTION NO. 67, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the term of Recreation member Thomas Martin expired on February 27, 1985 and WHEREAS, the Town Board of Queensbury wishes to reappoint Mr. Thomas Martin to a five year term on said Commission, NOW, THEREFORE BE IT RESOLVED, that the Town Board of Queensbury hereby reappoints Mr. Thomas Martin of Queensbury to a five year term on the Queensbury Recreation Commission, term to expire February 27, 1990. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION TO APPROVE BINGO LICENSE RESOLUTION NO. 68, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that Bingo License No. 17046 be and hereby is approved allowing Glens Falls Elks to hold Bingo Occasions from April 10, 1985 through April 16, 1986. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 69, Introduced by Dr.Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, Michael and Shelly Gale has made application 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 Leo Street, 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, NOW, THEREFORE BE IT RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Michael and Shelly Gale to locate a mobile home at property situated on Leo Street and the 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, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION TO DISAPPROVE APPLICATION TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO. 70, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded Dr. Charles Eisenhart: WHEREAS, Darwin A. Williams Jr. of 71 Briwood Circle 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, '14 to locate a mobile home outside of a duly licensed mobile home court at property situated on Luzerne Road, and WHEREAS, it is hereby determined that said application complies with the requirements of said ordinance but that the facts as presented in said application are not sufficient to justify further consideration by this board, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, the application of Darwin A. Williams Jr., of 71 Briwood Circle, Queensbury, to locate a mobile home outside of a duly licensed mobile home court is not approved and that the Town Clerk is hereby authorized and directed to notify the applicant of the decision of this board. 7 Duly adopted by the following vote: . Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None DISCUSSION HELD: COUNCILMAN EISENHART-I hate to do this but it seems to me we have to take cognizance of the desires of the area. COUNCILMAN OLSON-I would voice my opposition to this also based on the public hearing, the people in the area with what they thought were restrictions in their deeds, what they thought they agreed to when they purchased the property... COUNCILMAN MONAHAN-I must say this is one of the hardest and most painful decisions I have to make since I have been on the Town Board. I am very familiar with the medical reasons for why this has been requested. I think it points up that the Town Board has got to come to grips with the necessity of creating a zone where mobile homes may be placed and that people can own their own land. I do not think that we are leaving mobile home owners in a very fair position...they have to live in mobile home parks except for the very few variances that we give. I hope that we will address this problem and come to grips with it. COUNCILMAN OLSON-One of the hardest jobs that this Town Board has besides day to day business is the applications for mobile homes. SUPERVISOR WALTER-The Town Board will be meeting with the Planning Board the first week in April, one of the items on the agenda is the placement of mobile homes in the Town. SUPERVISOR WALTER-Does the Board wish to take action on the application for a stump dump, Faith Bible Church...This will have to be done in a two part situation, a. Determination of no environmental significance b. action to approve with stipulations... Discussion held in regard to penalties...must be as stated in Ordinance 8 of the Town of Queensbury. RESOLUTION TO TABLE APPLICATION OF FAITH BIBLE CHURCH FOR STUMP DUMP RESOLUTION NO. 71, Introduced by Mrs. Betty Mcnahan, who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that the decision on the application of Faith Bible Church to establish a stump dump in the Town of Queensbury be tabled until the next regular meeting of the Town Board to allow for further investigation of the conditions. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None COMMUNICATIONS -Ltr. Active List West Glens Falls Volunteer Fire Co. no file... -Town Clerk Donald A. Chase, presented the Town Board with a petition from residents of the Town of Queensbury requesting the establishment of the Ward System... I 75 on file in Town Clerk's Office... SUPERVISOR WALTER-This is not the first time that the Ward System has been petitioned for. Preferably make some kind of determination on what action the Board wants to take at the subsequent meeting. BID OPENINGS WATER DEPARTMENT TAG A LONG TRAILER Case Power & Equipment Latham, N.Y. Non collusive attached $9,205.00 Syracuse Supply Co. Schenectady, N.Y. Non collusive attached $10,900.00 Roberts Equipment Cazenovia, N.Y. Non collusive attached $10,262.00 K. C. Canary Clifton Park, N.Y. Non collusive attached $9,950.00 Abele Tractor Albany, N.Y. Non collusive attached $10,452.00 State Equipment Latham,N.Y. No non collusive $9,933.00 Bebout Ford Latham,N.Y. Non collusive attached $10,481.60 -..� -Ltr. Thomas Flaherty-Reject all bids...technical deficiencies in specifications RESOLUTION TO REJECT ALL BIDS RESOLUTION NO. 72, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that all bids as received for a Tag a Long Trailer be and hereby are rejected, due to deficiencies in the specifications. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None (Supervisor Walter announced that new specifications for a tag a long trailer will be available soon for rebidding...) PORTABLE AIR COMPRESSOR Lyons Sawmill & Logging Equipment Little Valley, N.Y. Non collusive attached $7,776.00 w/trade $8,176.00 no/trade Roberts Equipment Cazaenovia, N.Y. Non collusive attached $7,997.00 no/trade K. C. Canary 9 dJ Clifton Park, N.Y. Non collusive attached $7,550.00 250.00 trade $7,300.00 net R. B. Wing & Son Corp. Albany, N.Y. Non collusive attached $8,964.00 w/trade $9,064.00 no/trade -Ltr. Thomas Flaherty recommending K.C. Canary without trade $7,550.00 RESOLUTION TO ACCEPT BID ON AIR COMPRESSOR s RESOLUTION NO. 73, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Dr. Charles Eisenhart: ' WHEREAS, Thomas Flaherty, Water Supt. for the Town of Queensbury did recommend that we advertise for bids for a portable air compressor, and WHEREAS, four 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. Flaherty for his recommendation and WHEREAS, Mr. Flaherty by letter has recommended that the bid be awarded to K. C. Canary, Clifton Park, N.Y. in the amount of $7,550.00 and be it further RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the recommendation of Mr. Flaherty as mentioned above and be it further RESOLVED, that the financing for such portable air compressor is the 1985 Water Dept. Budget. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None COUNCILMAN MONANAN-I would like to make a statement: Before the Board considers these bids, I want to remind the Board of the position that I stated on March 12, 1985. Mainly that I would neither participate in any discussion regarding these bids nor in the awarding of the contract, because of my relationship to various local roofing firms. My brother-in-law is one of the principals in Monahan and Loughlin, my son is T.P. Monahan Inc. and husband is the owner of Robert Monahan Assoc.Inc.. I am also the corporate secretary in that firm but I own no stock in any of the three roofing firms. I will receive no direct remuneration from any contract from the Town resulting from these bids, nor have I done any work to obtain any contract with the Town. ROOF - WATER TREATMENT PLANT Robert Monahan Assoc. Hudson Falls, N.Y. Non collusive attached $39,266.00 (a) $38,302.00 (b) $34,947.00 (c) bid specifications called for no "c" option Monahan & Loughlin Hudson Falls,N.Y. Non collusive attached $43,988.00 (a) $39,439.00 (b) T.P. Monahan Inc. Glens Falls, N.Y. Non collusive attached $43,492.00 (a) $38,692.00 (b) -Ltr. Thomas Flaherty-indicating that Robert Monahan Assoc. is the low bidder... 77 (Board asked what option Mr. Flaherty would like...Mr. Flaherty indicated Option (b)) RESOLUTION TO ACCEPT BID ON ROOF FOR WATER TREATMENT PLANT RESOLUTION NO. 74, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, Thomas Flaherty, Water Supt. for the Town of Queensbury did recommend that we advertise for bids for a new roof for the Water Treatment Plant and WHEREAS, three bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Donald A. Chase$ and such bids were then turned over to Mr. Flaherty for his recommendation and WHEREAS, Mr. Flaherty by letter has recommended that the bid of Robert Monahan Assoc., Hudson Falls, N.Y. in the amount of $38,302.00 (option (b)) be accepted, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the recommendation of Mr. Flaherty as mentioned above, and be it further RESOLVED, that the financing of such a roof is in the 1985 Water Dept. budget. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Walter Noes: None Absent: None Mrs. Monahan disqualified herself... TOWN COUNSEL-I was requested by the Town Board to ensure that all the provisions of the General Municipal Law regarding bidding were complied with and based on Councilman Monahan's statement, disclosure this evening and also at the prior meeting I believe that the provisions of the General Municipal Law have been �-- - met. 1985 MODEL DIESEL POWERED TRUCK CAB AND CHASSIS-HIGHWAY H. L. Gage Sales Inc. Albany, N.Y. Non collusive attached International F2674 A. Lease Purchase 36 months $2,092.00 B. Beg. 3 Years $24,500.00 $59,953.00 Wicker Ford Inc. Ticonderoga, N.Y. Non collusive attached 1985 Ford LTS 9000 $59,418.00 Ron Kuba Comstock, N.Y. Non collusive attached 1985 Ford LTS 9000 $59,300.00 -Ltr. Paul Naylor, Highway Supt. recommend low bid of Ron Kuba Ford Mercury in the amount of $59,300.00 RESOLUTION TO ACCEPT BID ON 1985 DIESEL POWERED TRUCK CAB AND CHASSIS RESOLUTION NO. 75, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, Mr. Paul Naylor, Highway Supt. for the Town of Queensbury did recommend that we advertise for bids for a 1985 diesel powered truck cab and chassis, and- WHEREAS, three 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. Naylor for his recommendation, and WHEREAS, Mr. Naylor by letter has recommended that the bid be awarded to Ron Kuba Ford and Mercury, Comstock, N.Y. in the amount of $59,300.00, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the recommendation of Mr. Naylor and be it further RESOLVED, that the financing for such Truck is in the 1985 Highway Dept. Budget. Duly 4dopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter ---__ Noes: None Absent:None HORIZONTAL DISCHARGE TRUCK BODY-HIGHWAY Contractor Sales Albany, N.Y. Non collusive attached Model TB-500 $23,857.00 -Ltr. Mr. Paul Naylor, Highway Supt. -recommended acceptance of bid of Contractor Sales... RESOLUTION TO ACCEPT BID ON HORIZONTAL DISCHARGE TRUCK BODY RESOLUTION NO. 76, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, Mr. Paul Naylor, Highway Supt. for the Town of Queensbury did recommend that we advertise for bids for a horizontal discharge truck body, and WHEREAS, one bid was 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. Naylor for his recommendation, and WHEREAS, Mr.Mr. Naylor by letter has recommended that the bid be awarded to Contractor Sales, Albany, N.Y. in the amount of $23,857.00 and be it further RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the recommendation of Mr. Naylor as mentioned above, and be it further RESOLVED, that the financing for such a truck body is in the 1985 Highway Dept. Budget. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None USED VIBRATORY ROLLER SELF PROPELLED-HIGHWAY L.B. Smith Inc. Albany, N.Y. Non collusive attached 1983 Raygo 404B. $39,875.00 Contractor Sales Albany, N.Y. Non collusive attached REX 910 $24,000.00 -Ltr. Paul Naylor, Highway Supt. -requesting that the low bid of Contractor Sales, Inc. be accepted. RESOLUTION TO ACCEPT BID ON USED VIBRATORY ROLLER i 79 RESOLUTION NO. 77, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, Mr. Paul Naylor, Highway Supt. for the Town of Queensbury did recommend that we advertise for bids for a used vibratory roller self propelled, and WHEREAS, two 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. Naylor for his recommendation, and WHEREAS, Mr. Naylor by letter has recommended that the bid be awarded to Contractor Sales, Albany, N.Y. in the amount of $24,000.00 and be it further RESOLVED, that'the Town Board hereby accepts the recommendation of Mr. Naylor and awards the bid to Contractor Sale$, Albany, New York in the amount of $24.000.00 and be it further - RESOLVED, that the financing for such vibratory roller is in the 1985 Highway Dept. Budget. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None -Mobile Home Application-Ridge Road Wesleyan Church-two mobile homes used as Class Rooms RESOLUTION TO APPROVE TEMPORARY MOBILE HOME(s) Vn:d�d�' 1f'l RY�1prus�. Ores. !y�/ lgt5 RESOLUTION NO. 78, Introduced by Dr. C arles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: Discussion herd-Questioned was raised on when they plan to put up a permanent building...(no one from the Church was present at the meeting) Councilman Monahan-This is getting to be a permanent temporary...Supervisor Walter, they first applied in February 1981 and placed a second one on May of 81, each year thereafter applying each year for a one year permit...Councilman Morrell- requested a time table from the church in regard to their building classrooms... RESOLUTION TO TABLE RESOLUTION NO. 78 RESOLUTION NO. 79, Introduced by Mrs. Walter who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that Resolution No. 78 Approving the application for mobile home(s) of the Ridge Road Wesleyan Church be tabled until the next meeting in order that more information can be obtained from the Church. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: Dr. Eisenhart Absent:None -Mobile Home Application of Julie Michell Dickinson of 110 Park Dr. So. Glens Falls, N.Y. to locate a mobile home on Wisconsin Avenue...Ms. Dickinson was present... COUNCILMAN OLSON-Is that lot large enough to place a mobile home on? SUPERVISOR WALTER-It was approved by the Building Dept. MS. DICKINSON-Presented maps and plans of the proposed location... RESOLUTION TO AUTHORIZE PUBLIC HEARING i 60 RESOLUTION NO. 80, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, Julie Michelle Dickinson 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 Wisconsin Avenue, 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 April 9, 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 -Mobile Home Application of Leo F. Blair Jr. of Glens Falls to place a mobile home on Indiana Avenue...Mobile Homes exchange...1964 to be replaced by 1985...Mr. Blair was present. COUNCILMAN OLSON-Questioned if Mr. Blair was aware that the old mobile home will have to be removed... MR. BLAIR-Yes, the company that I purchased the mobile home from will remove the old mobile home... RESOLUTION TO AUTHORIZE MOBILE HOME EXCHANGE RESOLUTION NO. 81, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, Mr. Leo F. Blair 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 exchange a mobile home on Indiana Avenue, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to authorize the issuance of a permit requested by said application, NOW, THEREFORE BE IT RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Leo F. Blair Jr. to exchange his mobile home on Indiana Avenue and that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordinance, and be it further RESOLVED, that the Twenty Five Dollar ($25.00) fee be returned to the applicant. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs, ,lonahan, Mrs. Walter '- Noes: None Absent:None -Ltr. Planning Board, dated March 19, 1985-denial of rezoning request-COBE INC. Subdivision Development, Sherman Avenue and Luzerne Road...on file i (3 -Ltr. Town Board Town of Queensbury Bay & Haviland Rds. Glens Falls, N.Y. 12801 re:Subdivision Development of Sherman Avenue and Luzerne Road, Town of Queensbury, Warren County, N.Y. Dear Supervisor Walter & Town Board Members: g As you.are aware, I represent the corporation to be formed (COBE, r INC.) under Contract to purchase approximately 68 acres of land situate between Sherman Avenue and Luzerne Road. I mention the Contract because both parcels totalling the 68 acres require the Purchasers, (COBE,INC.) to make good faith efforts in reference to a rezoning request. I presume you are also aware of the fact that your Planning Board met with my clients and their representative, Dennis L. Dickinson, and by unanimous vote of the Planning Board, the request for a recommendation of a rezoning to the Town Board was defeated. Nevertheless, my clients do request that the Town Board entertain a request for legislative change to be commenced by a Public Hearing at the Town Board level. We acknowledge that this request is for legislative action and is not mendated by your Zoning Ordinance nor by various provisions of Town Law and General Municipal Law. My clients will be present at the meeting this evening to more fully explain their reasons for the rezoning argument. As your Board is aware, any amendments in the nature of a rezoning require a finding by the Town Board of public necessity, general welfare requirements and the general intent of your zoning and planning procedures in the Town of Queensbury. If it is you decision not to permit a Public Hearing in this matter, I would appreciate the passage of a Resolution indicating that the application was made and in brief, the reasons for your denial of a Public Hearing and further legislative action. This Resolution is critical to my clients in reference to the pending Contracts covering the purchase of the subject real property. I want to take this opportunity to commend your Town Attorney, Wilson S. Mathias, for his cooperation in reference to my contracts on this matter. While I may not agree with hour decision this evening, I can assure you that it is always a pleasure doing business with the officials and staff of the Town of Queensbury! Thank you for the courtesies afforded my clients this evening at your Town Board Meeting. Very truly yours, s/s Dennis J. Tarantino SUPERVISOR WALTER-The Town Board received a rezoning request for an area between Sherman Avenue and Luzerne Road in an area that was zoned light industrial, they asked that it be rezoned to allow for residential housing. The Town Board asked that the Planning Board review the request and come back and give us their recommendations, which Mr. Chase has just read to you. MR. COWAN-(Representing COBY,INC.) We feel that this is a viable project and e_ will be of benefit to the Town. COUNCILMAN OLSON-With the Planning Board's recommendation not to rezone it, I feel that I would have to take the recommendation of the Planning Board that is why we send the applications to them. I will go along with their recommendations in this case. COUNCILMAN EISENHART-That is also my reaction to this, and yet (we will be meeting with the Planning Board) I would expect to ask questions and hear their discussions, I see their points, it is kind of taking a chunk out, the amount of residential area we have is considerable, but I still would like to talk to the Planning Board. COUNCILMAN MORRELL-Questioned why the parcel was split into two zones? i U� MR. COWAN-One of the parcels is split by a 500 foot set back from Sherman Avenue splitting the property... SUPERVISOR WALTER-The parcel that is being requested to be rezoned is in the middle of a light industrial zone and by rezoning that parcel there would be then a residential with light industrial on each side, I think the Planning Board would have been more favorable had it been one of the side parcels, that would have extended the zone one way or the other. COUNCILMAN MONAHAN-With all the acreage in the Town of Queensbury very little land was zoned for light industrial and this community is going to be in trouble if we do not have some industry into it. COUNCILMAN OLSON-I would have to deny the request based on the recommendation of the Planning Board. COUNCILMAN EISENHART-I agree but it seems a pity we have this stretch of land there that apparently they have some prospects of utilizing and how long it will take to get light industry in there I do not know. I am torn both ways, I hestitate for us to have a Planning Board and then ignore what they recommend, because they deal with it all the time. COUNCILMAN OLSON-I am not comfortable with the fact that this land will be in the center of an industrial zone.... COUNCILMAN MONAHAN-We will have trouble with the tax base if we do not leave room for light industry in the Town. RESOLUTION TO DENY APPLICATION FOR REZONING RESOLUTION NO. 82, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, a rezoning request from the COBE, Inc. was presented to the Town Board to rezone a portion of land between Sherman Avenue and Luzerne Road from LI-lA to SR-20 to allow for a Subdivision Development, and WHEREAS, the Town Board turned the proposal over to the Queensbury Planning Board for their recommendation, and WHEREAS, on March 19, 1985 the Queensbury Planning Board recommended denial of the rezoning request for the following reasons: 1. No hardship Shown 2. Splitting light industrial zone - does not reflect good planning -resulting in checkerboard and not enough time has elapsed since zone was created to permit development as industrial. We think we presently have not inordinate amount of light industrial zone in relation to residential zones and commercial zones. NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby concurs with the opinion of the Town Planning Board and be it further RESOLVED, that the Town Board also wishes to leave some areas in the Town as potential areas for industrial growth to substantiate the tax base of the Town and be it further RESOLVED, that the Town Board is concerned about potential problems of having a residential area in the middle of an industrial zone, and be it further --� RESOLVED, that the Town Board hereby denies the request of COBE, Inc. for the rezoning of a portion of property between Sherman Avenue and Luzerne Road from LI-lA to SR-20, Tax Map Number 93-2-16 and 121-4-4. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None i 83 Absent: None Abstain:Dr. Eisenhart SUPERVISOR WALTER-Reported on a Water Committee Meeting Regarding the Creation of a Water Dist. along the Luzerne Road...It was the recommendation of have the Committee to have an Engineer draw up a Map/Plan/Report on the project...It was the consensus of the Board to go ahead...at the next meeting the engineers will be presenting to the Board what their fee will be in regard to a water storage tank, the tank is a necessity because of the growing water districts in the Town. On April 2, 1985 at 7:30 P.M. an information meeting regarding the re-evaluation of the Town will be held, at the Queensbury Town Office Building.....The establishing of our own Town Sewer Treatment Plant is being looked into for the Quaker Road area.:.we will try one last effort with the City to try and buy capacity to the plant, it is not a question of money as far as buying in, it is a question that they are really not interested in having us there. COUNCILMAN EISENHART-I have examined the audits of the Fire Companies and Rescue Squads, they are available for the Board to look at... COUNCILMAN MONAHAN-Announced that the Recreation Dept. is sponsoring Aerobic Classes for Senior Citizens ..8 weeks...twice a week...Monday and Wednesday...Starting March 29th ... 2 to 3 P.M....Methodist Church Aviation Road WILSON MATHIAS-RD2 Gurney Lane-I am sorry that Mr. Tucker has left, because I really want to address my comments to him. I want the Board to be aware of the fact that although I formally represented Mr. Threw, I no longer represent him, in fact now that he will have a monoply on a stump dump and make some money, he has asked for his files back. I think he can attest to that. I would like to point out to Mr. Tucker, that I formally represented the Radio Station and I have represented on several occasions the Post Star. There may be some other people who were former clients of mine and perhaps if they get together with my former partners they can have a heck of a party. I know Mr. Lawrence would back me up in that a very good Democratic or very good Republicans,said, if you can't stand the heat get out of the kitchen. I can stand the heat but I want you to be aware of what the facts are. OPEN FORUM -Mrs. Elizabeth Blunt-9 Buena Vista-I would like to ask you about the petitions for the Ward System, could you give us a date that you will consider them? -Supervisor Walter-I would imagine at the next Town Board Meeting. -Bill McGowan-13 Greenwood-Representing the Twicwood Homeowners Assoc. I know the Board is aware of our concerns at the foot of Montray Road, we would like to bring to the attention of the Board that in the past nine months there appears to be a third business headquartered at the Adams Residence....Queensbury Sewer... -Town Counsel-Requested a meeting with Mr. McGowan regarding this situation... -Mr. Arthur Turnbull-Sunnyside Road-A family on Sunnyside is more or less running a junk yard on their property...hopefully something will be done...Our Senior Citizens group is going into our 6th year...requesting a place of their own to operate from...what can the Town do for us... -Supervisor Walter- Noted that the Town Board has not forgotten the Senior Citizens and is still looking for a location...noted that she was unable to comment on the Round Pond Property due to the fact that the Town is still under negotiations... -Mr. DeMars-Big Boom Road-Noted that there is a burnt out building, an unsafe structure on the street and an individual living in a barn on the property—can anything be done... -Supervisor Walter-I have questioned the use of Community Development Block Grant and if it is legal to use those funds to clean up the property...this is being researched... RESOLUTION TO APPROVE SPECIAL AUDIT RESOLUTION NO. 83, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: 64 RESOLVED, that Audit of Bills as appears on Abstract No. 85-31) and numbered 538 and totaling $2,986.00 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 i RESOLUTION GALLING FOR EXECUTIVE SESSION RESOLUTION NO. 84, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: ~ RESOLVED, that the Town Board hereby moves into executive session to discuss personnel matters. 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