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1985-04-09 TOWN BOARD MEETING APRIL 9, 1985 TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Dr. Charles Eisenhart-Councilman Mr. Daniel Morrell-Councilman Mrs. Betty Monahan-Councilman Mr. Wilson Mathias-Town Counsel ABSENT: Mr. Daniel Olson-Councilman ° PRESS: G.F. Post Star GUESTS: Representatives from the State Department of Health, Residents of Division Road, Ms. Ingalls, Rev. Storms TOWN OFFICIALS: Mr. Paul Naylor, Mr. Thomas Flaherty, Mr. VanDusen, Mr. Bolton PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MORRELL MEETING OPENED 7:43 P.M. PUBLIC HEARING Mobile Home Application of Julie Michelle Dickinson of 110 Park Dr. So. Glens Falls, N.Y. to locate a mobile home on Wisconsin Avenue, owner of property John Dickinson...Approved by the Building & Zoning Dept....Ms. Dickinson was present. . . NOTICE SHOWN...HEARING OPENED 7:44 P.M. SUPERVISOR WALTER-Asked if there was anyone present who wished to speak either for or against the application? No one spoke... COUNCILMAN EISENHART-Where is the trailer now? MS. DICKINSON-At a Mobile Home Sales... COUNCILMAN EISENIART-We have approved another mobile home across from this site... HEARING CLOSED 7:46 P.M. OLD BUSINESS DISCUSSION-Faith Bible Church application for a Stump Dump on the property of the Faith Bible Church off Division Road...At this point in time there has been a public hearing and the Town Board has been established as the Lead Agency under SEQRA..TOWN CLERK DONALD A. CHASE-presented the Town Board with a petition from Residents of the area in opposition to the Stump Dump..."We the Residents of Division Road are totally against the Stump Dump that is going to be put on the Faith Bible Church property off Division Road (27 signatures) SUPERVISOR WALTER- requested public input, the question that the Town Board has is that we have received a petition in opposition to the establishment of the Stump Dump, we would like to know the reasons why the residents are opposed to it. Mr. MONRIAN-Division Road-80% of the people that live on Division Road have signed the petition and two on Corinth Road whose lots adjoin Division Road..object to the traffic and noise that the stump dump will create ..we have put up with this for four years illegally and we do not feel that we should have to put up with this any longer. If the Faith Bible Church V, can sell fill why can't they use it to fill in the ravine? STEVEN DECKER-Division Road-Noted that he moved into the area in May of 1984, shortly after moving in I was aware of Mr. Threw's activity, carrying loads of gravel and stone in and out of the Faith Bible Church Property...it is apparent that the site is being used as a local storage site for Mr. Threw's gravel business elsewhere. Noted that noise has been a problem in the area with the trucks, I have written Mr. Threw regarding the noise... at the occasion of the Tractor pull at the Civic Center last year the residents were subject to the truck activity dust and noise until well after midnight at the Civic Center was emptied of tons of clay mixture, dumped at the Faith Bible Church location. 86 Noted that he was informed that the clay mixture was dug from the site originally and trucked to the Civic Center...Stumps are vegetation and are unsuitable for fill...questioned how long can the surface of Division Road as a residential street, be expected to hold up under the pounding of such heavy equipment...requested that specific site plans be submitted with a time table as to when the project will be completed, also environmental impact statements as to what these proposed plans will have on the wetlands along the river in the area and not to mention the impact that it is currently having on the environment of the residents of Division Road. From its past history and the current hauling in and out of stored gravel and dumping of Civic Center Clay it must now be obvious to the Board that a very open and deliberate commercial activity is being conducted on tax exempt church property, in a residentially zoned area on a residential street. MRS. BALLOU-Division Road-I agree with everthing that Mr. Decker said it has been a nuisance with dust and dirt and noise...MR. BOGGS-Attend the Faith Bible Church-I find it difficult to believe that we have to apply to anyone anyone for permission to fill a gully on our land. With all due respect to our neighbors we live on roads too, we do not bellyache when trucks go by. The need to have a whole row of stipulations attached to fill a gully on our land seems rather crazy to me. We are willing to put up with that. My feeling is that we do have a need to fill the gully to make the turn-around for the cemetery and with all do respect to our worthy neighbors I cannot see any reason why they should object to our doing something on our land if we are not enforcing our, if we are not trying to restrict them from doing something on their land. My own feeling is that if the Town Board is not willing to defend, not merely the permit but defend us in our right to do something on our land then I would wonder what kind of public servants we have in Queensbury. JACK CLOSE-Western Avenue-Member of Faith Bible Church-Spoke on how the Church came to be on Division Road...spoke on the need to be able to drive in and out of the cemetery...REV. STORMS-PASTOR-Faith Bible Church-No boat launch by the River, never began the project...we have met with the Town Attorney and are will ing to abide by a number of stipulations to permit us to do one thing, to fill in a gully, not to run a gravel business, we have a road that is being reconstructed, gravel will be used for that. It is not an enormous project but would enhance the utility of the present road into our Cemetery. The size of the project is not so great that it will last very long. Spoke about vandalism done on Church property—We do not want debris dumped there that are attractive to rats etc....The Memorial Gardens is a place of beauty and we wish to keep it that way...COUNCILMAN MONAHAN-You said that this would not be an enormous project or take very long but at the last meeting it was said that it might take ten years to fill the gully up? MR. THREW-It depends on how much I have to put in...COUNCILMAN MONAHAN-There is gravel there now, where did that come from? REV. STORMS-We are preparing to re-do a road...it did not come off our own property...COUNCILMAN EISENHART-The proposed approval limits the dumping to tree stumps, limbs, brush, leaves, it has to be covered within less than seventy-two hours from deposit ..it is limited to operation between 7 a.m. to b p.m. to sundown whichever is earlier, six days a week and no operation on Sunday...roadway to remain gated...no overnight storage of equipment on the premises, no fill is to be removed from the site...what I find here is that all the objections except having the trucks going up and down the road, all objections stated here tonight have been covered by this resolution. . .COUNCILMAN MONAHAN-questioned if the property access should be fenced and gated...REV. STORMS-We have not been able to put anything in the gully that we are referring to, we removed a lot of stumps and cleared a lot of land when we built and filled in another ravine and there has been other things hauled into that ravine as well? COUNCILMAN MORRELL-Why didn't you fill the ravine that you want to fill now? REV. STORMS-We want to fill both and one was more handy to the land we were clearing and so we put it in the closest place first this leaves the other one yet to be filled. COUNCILMAN MORRELL-You are filling a ravine now, you are asking for a permit for a stump dump... 1 hear all these honest people and I find it difficult to really take a stand and support your position, when I hear all these honest people giving their statements and they all disagree. From what 1 have heard if you really wanted this thing filled, I would not put my stuff in another ravine, I would put it in the ravine that I wanted filled. REV. STORMS-It is possible to want two ravines filled on our property, we started one and it is filled as much...COUNCILMAN MORRELL-You are not asking for a permit for the other ravine, you are asking for this particular one. REV. STORMS-We did not seek a permit for the first ravine, we started filling it with stumps from our own property, the Town of Queensbury was drawing in fill there as well. COUNCILMAN MORRELL-Is that true Paul? MR. NAYLOR-Nodded yes...REV. STORMS-We had two ravines we wanted to fill, two gullies, one is practically filled, we are not going to fill any farther down the ravine than it is right now, with that being filled we are seeking permission to fill the other one. When we fill that one, we did not ask permission we started filling it up with fill off our own property and then we did not know we needed permission to fill it because the Town of Queensbury was putting fill in there as well. COUNCILMAN MORRELL-The question here is filling with your own material is no problem, but filling with other material is a problem. Why didn't you put your cemetery over when 87 you already have the ravine filled? REV. STORMS-We do have the prerogative of putting our cemetery on our property where we want it and to fill what ravine we want to fill when we want to fill that ravine. Which is what we have done, we have filled one ravine when we wanted to, which ravine we wanted to and now we desire to fill another one. COUNCILMAN MORRELL-You should be able to fill it with your own material then. REV. STORMS-We could hire someone at a cost to us to take fill off one place on our property and put it in another place and make a hole there it would also would not be done free. We can fill it with stumps for free. COUNCILMAN MONAHAN-It is not really free, it is being done at the inconvenience of the neighbors. WALT BURNHAM-I. do believe that the stump dump that we are requesting for the Faith Bible Church is something that we could use, and it would be helpful and we would try and get along with our neighbors with the stipulations that have been put before us from the Town Board. We do not want to do it when the business hours are not there or disturb the neighbors any more than possible, we would like to get it over with quickly. COUNCILMAN MONAHAN-My problem is that everybody is saying that they are going to do everthing so well now, why weren't the members of the church policing this action in the months past so the neighbors would not have had to go through all this disturbance? MR. BURNHAM-As the different problems came up I do believe we did take care of them. COUNCILMAN MONAHAN-I do not think so with the complaints that this Board has been listening to for several years. It is hard for us to reconcile that everthing is going to be apple pie in the future, when in the past when the church members should have been monitoring this, and they have not been. MR. BURNHAM-The Town Board could monitor this with no problem, Mr. Naylor lives right on the street. Our neighbors would monitor us quite closely. COUNCILMAN MONAHAN- I think that they have... MR. RODNEY WARRINGTON-Caretaker, Custodian for Faith Bible Church-I live on the property, I do monitor people bringing things in there. I have personally stopped people from bringing brush, truck loads of junk in there, 1 have told them that they cannot do so. If they wanted to put anything in there they would have to ask Bill Threw. Filling in the ravine, would make it a lot easier on people who are grieving over a lost one, when you drive into the cemetery, you have a line of cars and you have to wait for the person behind you to back out, you have to back the hearse out, it would be a lot nicer if you could pull in and turn around, and drive out. MR. TUCKER-Questioned if the Church could sell 200,000 cu yds. of fill to Niagara Mohawk why couldn't they use it now for filling in the ravine...at the last meeting Mr. Shaw, used the figure of 900 feet to be filled in, that seems like a lot of filling to just have a place to turn cars around for their cemetery. Noted that he has stopped people from dumping on the property—this has been going on for four years and has not been handled very well. OLD BUSINESS -Mobile Home Application of Allen Converse of 30 Center St., Fort Edward to locate a mobile home on Warren Lane-hearing was held...the Town Board asked the applicant to add some information to the application, Mr. Converse has done that... SUPERVISOR WALTER-noted that the Town Board has given a temporary permit to Mr. Thomas Harris for a mobile home on what appears to be on the same property...Mr. Converse is Mr. Harris's mobile home on the same parcel? MR. CONVERSE-It is on the 5.39 acres... COUNCILMAN EISENHART-Using a drawing, showed the location of the existing and proposed mobile homes... MR. CONVERSE- Mr. Harris will be moving his mobile home... COUNCILMAN EISENHART- The map that was submitted shows 50'x350', but in the letter signed by Roberta Converse it says 10'x350', questioned the amount... MR. CONVERSE- It is 50' COUNCILMAN EISENHART- Questioned Lucky Lane, this would be the 50' section? MR. CONVERSE-If and when the road, is brought up to grade to Town specifications it would then be turned over to the Town, I would relinquish all claims to that...(Lucky Lane) COUNCILMAN EISENHART-She is selling you 5.39 Acres, including the 10' OR 50' MR. CONVERSE-The 5.39 Acres includes the 50' section... c� v SUPERVISOR WALTER-When Mr. Converse came to see me, we reviewed the map which at one time was broken up into a subdivision for mobile homes, I indicated to him that if he placed a mobile home in that location, he would be jeopardising 5.39 acres to the placement of any mobile homes in the future. You could have one mobile home on 5.39 acres. COUNCILMAN MONAHAN- Requested an additional written statment from Roberta Converse stating the proper amount to be sold to Mr. Alan Converse... COUNCILMAN EISENHART-Also requested a statement from Roberta Converse that she is selling this 5.39 Acres and also a clarification regarding the 10' vs. 50' onto Warren Lane and a map of the area... It was the consensus not to act on the mobile home application until Mr. Converse presents the Board with a statement of sale from Roberta Converse, a clarification of the 10'vs 50' onto Warren Lane and a map of the area. SUPERVISOR WALTER-Mr. Harris is to be moved by the 15th of May, the Board will not act to have two mobile homes on one lot... COUNCILMAN EISENHART- What we are saying; is that another mobile home cannot go on that lot until Mr. Harris removes his mobile home... OLD BUSINESS -Mobile Home Application of the Ridge Road Wesleyan Church to use two units for class rooms...this application was held over from the last meeting to allow a representative from the Ridge Road Wesleyan Church to be present at this meeting...this is an extension of two other previous one year extensions... SUPERVISOR WALTER-How many times are you going to request extensions? REPRESENTATIVE FROM CHURCH-This will be the last time either way, we are either going to build or get rid of them. We had a building permit with the Town, filed last fall, our plans did not come around, however we are again in a building program. We have a meeting next week to approve a set of plans and as soon as we do we should be underway within a month, from that date. Noted that the units are for class rooms with no plumbing there is electric heat...We did not intend this to go on this long but we are changing Pastors this year and has had us very busy...we should have no further problems as far as I can see. INFORMATIONAL PRESENTATION -STATE FLUORIDATION PROGRAM Representative from the Health Dept., G.F. Branch-Ms Carniham,Research Scientist -Dr. Lee DDS -Presentation given as to placing fluoride in the Queensbury Water System...financial aid available-the grant will cover...cost of consultant to design the system, the purchase of the fluoridation equipment and monotoring equipment and installation, cost of fluoride for the first year and that the local water operator is trained...we have had an engineer look at the Queensbury Water System and he has made an estimate of cost to initiate fluoridation in the system would cost $18,700.00 provided by the grant, the cost to the community would be the cost after the first year. The community would pay for the cost of the fluoride and maintenance which is minimal, the cost for fluoride for this community per year would be $1,800.00. COUNCILMAN MONAHAN-Has there been any known allergic reactions to fluoriding water? MS. CARNIHAM-No SUPERVISOR WALTER-Thanked the Health Dept. for their presentation. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 85, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that the Town Board Minutes of March 26, 1985 be and hereby are approved. Duly adopted by the following vote: i UJ Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Mr. Olson RESOLUTION TO SET PUBLIC HEARING RESOLUTION NO. 86, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Morrell: WJiEREAS, the Town Board of the Town of Queensbury wishes to provide for placement of mobile homes in designated areas in the Town, and WHEREAS, the Town Board determines it necessary to seek planning assistance in the establishment of specified areas for mobile homes and desires a reasonable time period of six (6) months for this study and WHEREAS, the proposed enactment of Local Law of 1985 is worthy of consideration for legislative action, a copy of which is annexed, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury hereby sets a public hearing relative to adoption of Local Law of 1985 for Tuesday, April 23, 1985 at 7:30 P.M. in the Meeting Room of the Town of Queensbury Office Building, Bay and Haviland Roads in the Town of Queensbury, Warren County, New York at which all persons interested In the subject thereof will be heard and be it further RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provide notice of said public hearing as may be required by law. Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Olson (Text of Proposed Local Law) A LOCAL LAW TO IMPOSE A TEMPORARY MORATORIUM OF THE ISSUANCE OF PERMITS AND/OR THE GRANTING OF APPROVAL FOR ALL MOBILE HOME PERMITS IN THE TOWN OF QUEENSBURY SECTION 1. TITLE: The law shall be known as the Mobile Home Moratorium Law in the Town of Queensbury. SECTION Z. INTENT: The Town Board of the Town of Queensbury hereby finds that neighborhood character in the Town of Queensbury has changed as a result of a number of factors including but not limited to population densities, development or proposed development of major subdivisions and multiple family dwellings and construction of commercial enterprises. For these reasons the Town Board finds that new consideration must be given to the establishment of zones for mobile homes and/or regulations for approved sub-divisions for the placement of mobile homes in the Town of Queensbury. It is the intention of the Town Board to retain planning assistance which will result in the development of zoned districts and/or,regulations for the location of mobile homes in the Town of Queensbury. The Town Board, therefore, finds it necessary to adopt a reasonable interim local law while conducting a study of zoned districts for mobile homes in the Town. This action is necessary in order to provide for the existence of this kind of housing and to protect the characteristics of the present land use plan, to expand the present Zoning Ordinance, and to prevent a race of diligence between property owners and mobile home owners and the Town of Queensbury. SECTION 3. APPLICATION: This law shall apply to all areas within the municipality. SECTION 4. DURATION: This law shall be in effect for a period of six (6) calendar months from the effective date of the initial filing of the Local Law of the year 1985. ;9 0 SECTION 5. PROHIBITIONS: There shall be no permits issued or approvals given by the Town Board to any mobile home application during the period of this moratorium. The provisions of this paragraph may not be waived. SECTION 6. EXISTING ACTIVITIES: The action of the Town Board relative to mobile home permits that have been filed in the Office of Building and Zoning, Town of Queensbury at the time of adoption of this Local Law may be continued and shall not be affected by the terms and provisions of this Local Law. SECTION ?. SEVERABILITY: The invalidity of any word, section, clause, paragraph, sentence, part or provision of this local law shall not affect the validity of any other part of this local law which can be given effect without such invalid part or parts. SECTION 8. EFFECTIVE DATE: This Local Law shall take effect immediately upon the filing in the Office of the Secretary of State of the State of New York. SUPERVISOR WALTER-I would indicate that we have looked at Mobile Home Applications from various points in the Town we have a Zoning Ordinance that we wish to look upon adn establish specific districts and the regulations for the provisions of mobile homes in the Town of Queensbury. Therefore the moratorium is a temporary one which will take place for a period of six months at that time we would hope then to have introduced to the public and have had public hearings relative to amendments to our Zoning Ordinance and Maps that everyone can review. RESOLUTION TO RETAIN ENGINEERING SERVICES RESOLUTION NO. 87, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the Queensbury Town Board has determined the need for additional water storage in the public water supply, and WHEREAS, it is necessary by State Law to retain professional engineering services for such a project, and WHEREAS, Kestner Engineers, P.C. of Troy, New York has done preliminary studies on the feasibility of the construction of additional water storage, NOW, THEREFORE BE IT RESOLVED, that the firm of Kestner Engineers, P.C. be retained by the Town of Queensbury for design phase engineering services for a proposed 2,000,000 gallon water storage reservoir, valve chamber, telemetering and interconnecting water main facilities at a fee not exceeding $39,485.00 Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Olson COUNCILMAN MONAHAN-What is our present storage capacity? MR. FLAHERTY,WATER SUPT.- Three Million Gallons... RESOLUTION TO RETAIN CONSULTING ENGINEER J RESOLUTION NO. 88, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the residents of the Luzerne Road area have petitioned for water service from the Town of Queensbury and WHEREAS, the Town Board wishes to pursue the formation of a water district, NOW, THEREFORE BE IT RESOLVED, that the Town Board will retain the engineering services of Charles H. Scudder, P.E. for an amount not exceeding $36,400.00 in the preparation of a map, plan and report for said water district. Y . Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Mr. Olson SUPERVISOR WALTER- Mr. Scudder's fee would be $31,800.00 for the map/plan and report, that would be if the work was done in house on laying the mains etc...if we cannot handle the project as bids and specifications would need to go out an extra $4,600.00 would be required, placing the figure of $36,400.00 in the resolution. RESOLUTION TO RESCIND RESOLUTION NO. 17 - 1985 PERTAINING TO MILEAGE ALLOWANCE RESOLUTION NO. 89, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, to rescind Resolution No. 17 of January 8, 1985 establishing mileage allowance for personal automobile at $.22 per mile. Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Olson RESOLUTION ESTABLISHING MILEAGE ALLOWANCE RESOLUTION NO. 90, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that pursuant to Section 102 of the Town Law of the State of New York, the sum of $.21 per mile be and hereby is allowed for the actual and necessary use of the personal automobile of any Town Official in the performance of his duties. Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Olson RESOLUTION TO SET HOURLY RATE FOR ZONING BOARD OF APPEALS STENOGRAPHER RESOLUTION NO. 91, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Frances Walter: WHEREAS, the Town Board by resolution number 19, 1985 set the compensation for the stenographer per diem, and WHEREAS, the Town Board wishes to amend resolution number 19, 1985 NOW, THEREFORE BE IT RESOLVED, that the hourly rate for the Stenographer for the Queensbury Zoing Board of Appeals will be $10.00 per hour. Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Mr. Olson 92 SUPERVISOR WALTER-This is a request from the Chairman of the Zoning Board of Appeals, he feels that we would perhaps come out about the same and maybe twenty-thirty dollars over budget but the Stenographer for the Zoning Board of Appeals has had to work many, many hours for her original per diem amount, she would like to be paid by the hour. She is paid for the amount of hours she is here taking the minutes of the Zoning Board of Appeals and the hours transcribing those minutes. COUNCILMAN MONAHAN-I have heard comments that they are not back very fast...I think that there ought to be a stipulation on how many days she has to get the minutes back to the members. RESOLUTION TO SET PUBLIC HEARING ON LOCAL LAW ESTABLISHING VOTER REGISTRATION REQUIREMENTS FOR TOWN SPECIAL ELECTIONS �- RESOLUTION NO. 92, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, the Town Board of the Town of Queensbury has determined that the provisions for voter registration and qualification to vote in town special elections pursuant to Section 84 of the Town Law are ambiguous and restrictive and may limit the persons eligible to vote at a special town election, and WHEREAS, a proposed local law establishing rules for registration of voters in town special elections which adopts the current permanent registration requirements as set forth in the Election Law, a copy of which is hereto annexed, and has been prepared, and WHEREAS, the proposed local law is worthy of consideration for legislative action, NOW, THEREFORE BE IT RESOLVED, that a public hearing be held concerning the proposed adoption of said local law and that said public hearing be held at 7:30 P.M. in the meeting room of the Town of Queensbury Office Building, Bay & Haviland Roads in the Town of Queensbury, Warren County, New York on the 23rd. day of April, 1985 at which time all persons interested in the subject thereof will be heard, and be it further i E RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provide notice of said public hearing as may be required by law. Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Olson (Text of Proposed Local Law) A LOCAL LAW ESTABLISHING VOTER REGISTRATION REQUIREMENTS IN TOWN SPECIAL ELECTIONS Be it enacted by the Town Board of the Town of Queensbury as follows: SECTION 1. No person shall be entitled to vote in any special election held in and ofr the Town of Queensbury pursuant to the provisions of the Town Law unless he or she shall be registered to vote with the Warren County Board of Elections, and such registration shall have been filed with the Warren County Board of Elections not less than thirty (30) days prior to the date of such special election. t SECTION 2. Unless otherwise prohibited by law, the list of registered voters maintained by the Warren County Board of Elections shall be utilized for all special town elections _...y purposes, including the use by the special election inspectors to determine the eligibility of any voter wishing to vote in such special election. SECTION 3. This local law shall take effect immediately upon filing thereof int eh Office of the Secretary of State. TOWN COUNSEL-This arose from the petitions that were filed with the Town Clerk on March 15, 1985. The Town law provisions for holding special elections are, I think ambiguous with respect to who can vote. There is a procedure under Town Law that JJ allows a first class town to hold a registration, personal registration for a special election. I think that, that kind of provision makes it difficult to and limits the number of voters who actually vote in such an election. What this law will do would be to simply establish the rules for registering and being allowed to vote in any special election held in the Town of Queensbury to be the same rules that would apply in any general election held throughout the State of New York. COUNCILMAN MORRELL-Is that not already inferred? TOWN COUNSEL-Article 84 lists several conflicting eligibility standards including the ownership of real property. SUPERVISOR WALTER- A special Town Election is handled entirely by the Town, we are not led through the election by Board of Elections as we would be if it was in fact a general election. COUNCILMAN MORRELL-Are you saying we are going to go through the formalities of saying that we will follow the General Election Procedures in a normal Novemeber Election on the first tuesday after the first monday in November? Or are you saying that only those who register to vote in this special election will be allowed to vote in the special election? TOWN COUNSEL-If you are registered to vote thirty days before a special election you will be eligible to vote. SUPERVISOR WALTER-The law is ambiguous as to who can vote, we went through this when we had a special election in the Town of Queensbury relative to a sewer district, there was a lot of challenges to it. If we can determine who is going to be allowed to vote in an election that we feel will probably be forthcoming we are setting down the laws that they will not be challenged. When the election is held and the vote is in we will not have the challenges, we will know exactly and the people who work that day will understand who can vote. We are saying that we will use the registration lists that are on file with the Warren County Board of Elections as the best way to determine who can vote. COUNCILMAN MORRELL-This goes to a public hearing on the 23rd. it will then be acted upon...could it be acted upon on the 23rd? SUPERVISOR WALTER-Absolutely. We do have a time constraint... TOWN COUNSEL-You have twenty days, you have to establish a date for an election, twenty days before the date you set. SUPERVISOR WALTER-However, with the time constraint, if the petitions are legal from the day that they were filed you have to have the election in how many days? TOWN COUNSEL-Sixty to Seventy-five days. COUNCILMAN MORRELL-If someone moved into the Town in Janaury...by this they could vote... TOWN CLERK-Would this also be valid for a referendum vote on a water district? TOWN COUNSEL-Any Special Election... COUNCILMAN MORRELL-Under this resolution if you move in after the November Election Day and lets say in January and you register you can be eligible to vote in a special election or referendum on a district, where before they would not be allowed to. This resolution will allow more people the opportunity... TOWN COUNSEL-That is right it will allow anybody who could vote in any regular election to vote and clears up any question of anybody saying you cannot vote or this is not your signature or who are you. RESOLUTION AUTHORIZING CONSENT OF TOWN BOARD TO THE FORMATION OF PINE CREMATORIUM, INC. RESOLUTION NO. 93, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, Regan & Denny Funeral Service, Inc., is presently in the process of forming Not-for-Profit Corporation for the purposes of building and operating a crematorium 94 at the rear of its funeral home located on Quaker Road in the Town of Queensbury, and WHEREAS, Section 1506 of the Not-for-Profit Corporation Law provides that no cemetery shall be located in any town without the consent of the Town Board of such town, and • WHEREAS, a crematorium is defined as a cemetary under the Not-for-Profit Corporation Law, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby consents to the formation of Pine Crematorium, Inc., and be it further RESOLVED, that the Town Supervisor is authorized to execute a form acknowledging .i the Town Board's consent to be attached to the certificate of incorporation for Pine Crematorium, Inc., to be filed with the Secretary of State of the State of New York. Duly adopted by the following vote: Ayes: Dr Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Olson SUPERVISOR WALTER-In order for Mr. Ross to even talk to the Dept. of Environmental Conservation and all the various agencies the Town Board is obliged to take this action if they wish to have him advance this project... RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION NO. 94, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the Ridge Road Wesleyan Church has made application in accordance with paragraph 2 (B) 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 of a duly licensed mobile home court at property situated at Ridge Road, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to authorize the issuance of the permit requested by said application, thereofre be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, temporary permission is hereby given to Ridge Road Wesleyan Church of Ridge Road to locate (2) mobile homes outside of a licensed mobile home court for a period of one year at property situated at Ridge Road, Town of Queensbury, 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: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs.Walter Noes: None Absent:Mr. Olson RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 95, Introduced by Mrs. Betty Monahan who moved for its adoption, seconed by Mr. Daniel Morrell: 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 at property situated at Wisconsin Avenue, and 95 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 Julie Michelle Dickinson to locate a mobile home at property situated at Wisconsin 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. Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Olson RESOLUTION SIGNIFYING NO SIGNIFICANT ENVIRONMENTAL IMPACT REGARDING THE APPLICATION OF THE FAITH BIBLE CHURCH-STUMP DUMP RESOLUTION NO. 96, Introduced by Dr. Charms Eisenhart who moved for its adoption, seconded by Mrs. Frances Walter: Resolution forthcoming from Town Counsel, to be found on page_LC(!). Discussion-Supervisor Walter asked that the reasons for the environmental significance... COUNCILMAN MONANHAN-The impact on the neighborhood and there were no written steps that will monitor this to make sure that it is done the way it should be. They say they will but they do not list any concrete method of how they are going to do it, and it has not been done in the past. The hours of traffic and the hazardto the children waiting for school busses, so far the conditions set are hours of operation between 7 and 6 that when the school busses are running and heavy trucks are on the roads. How many heavy trucks will be using the road and how often. The disturbance of people's normal schedule, I know what those trucks and all that kind of equipment sounds like, the noise of the automatic back up sound... COUNCILMAN MORRELL-When the people are working tower shift and are sleeping during the day...this would cause an environmental impact...COUNCILMAN MONAHAN-The trucks will be running at 6:30 to go to work at seven...how are they going to control the noise, what will the traffic count be, children waiting for school busses crossing the road...TOWN COUNSEL-If the Faith Bible Church wishes to go forward they must produce an environmental impact statement and hold a hearing to determine whether or not the impact statement is complete then you go on and determine whether or not you will give them a permit. COUNCILMAN MONAHAN-In the mean time they can not operate a stump dump. TOWN COUNSEL-We have an ordinance that they cannot dump material that is not from their own property. COMMUNICATIONS -Ltr. and Notice of Order from DOT regarding 45 MPH on Route 9L 2.3t miles from Quaker Road to Haviland Rds. no file... -Ltr. Bay Ridge Fire Co.- Adding the following to the Active List-Richard Meyer-Scott Howe-Keith E. Barton-Kirk T. Barton and Timothy J. Weaver-on file -Ltr. Paul Naylor, Highway Supt. requesting permission of hold an auction of obsolete equipment...on file 96 Discussion Held-Supervisor Walter-requested a list of the items to be auction and asked that other Departments be approached to see if they have any items to be placed in the auction... RESOLUTION TO AUTHORIZE AUCTION RESOLUTION NO. 97, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that the Town Board hereby authorizes Mr. Paul Naylor, Highway Supt. to hold an auction on April 27, 1985 at 9:00 A.M. at the Queensbury Highway Garage for the purposg of disposing of obsolete items, and be it further RESOLVED, that a list of such items to be auctioned be given to the Town Board before such auction. Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Olson -Mobile Home Application of David & Tammy Sommer of 37 Homestead Village to locate a mobile home on the corner of Sunset Avenue and Nathan Street...Mr. Sommers was present... COUNCILMAN MONAHAN-Is the shell of a house on the lot that you want to place a mobile home on? MR. SOMMER-No... COUNCILMAN EISEN HA RT-Questioned if he was going to use the existing foundation... MR. SOMMER-The existing foundation is not large enough... COUNCILMAN MONAHAN-There are other mobile homes near this location? MR. SOMMER-Yes...next door...there is the remains of a mobile home which will be removed... COUNCILMAN EISEN HA RT-requested that by the public hearing Mr. Sommer would have a document from Doris Hensler that you will own the land... RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 98, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, David & Tammy Sommer have 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 the corner of Sunset Avenue and Nathan Street, 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 purusant to the provisions of the above mentioned ordinance, the Town Board shall conduct a public hearing on said application on April 23, 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: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter 97 Noes: None Absent:Mr. Olson -Mobile Home Application of Joseph & Elizabeth Viger of 30 Luzerne Road, to locate a mobile home on Stevens Road..Mr. Viger was present... SUPERVISOR WALTER-There is currently a mobile home on this lot? MR. VIGER-Yes SUPERVISOR WALTER-You are applying to a permit and you would replace that mobile home with a 1981 model? MR. VIGER-Yes. COUNCILMAN EISENHART-You are buying the land? MR. VIGER-Yes. SUPERVISOR WALTER-What will you do with the mobile home that is there? MR. VIGER-1 hope to sell it for a hunting camp... RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 99, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, Joseph & Elizabeth Viger have 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 Stevens 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 April 23, 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: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Olson SUPERVISOR WALTER-requested that a contract to purchase be presented at the public hearing for the property on Stevens Road... COUNCILMAN EISEN HA RT-Requested that the reason be stated for hardship on the application. REPORTS -Town Clerk's Monthly Report-Month of March, 1985 on file -Building & Zoning Monthly Report-Month of March, 1985 on file OPEN FORUM -Mr. Silvernell-Spoke to the Town Board regarding the dumping situation behind the Convenient Food Mkt. on Main Street West Glens Falls... SUPERVISOR WALTER-Noted that Mr. Rick Bolton would meet with Mr. Silvernell 98 and review the situation and do what is necessary to have the debris cleaned up behind this establishment... -FLORA INGALLS-Cleverdale-When do you intend to announce the date for the special election? TOWN COUNSEL-They have to announce the date twenty days before the election date. -FLORA INGALLS-When you were discussing the change in the election regulations you said people would have to register 30 days before the election in order to be able to vote? i TOWN COUNSEL-That is correct. -FLORA INGALLS-If you plan not to announce the date until twenty days before, it limits the number of people that could vote. COUNCILMAN MONAHAN-If you are already registered you are able to vote...we are saying if you are not registered you should get registered. Now that you know the election will happen why wouldn't you go and get registered? SUPERVISOR WALTER-In any kind of a primary election, unless you have been registered in a General Election before, and many times a primary is in June, if you have not voted in November you will not be voting in the primary...I think that this is a whole lot better, than what those laws stipulate. -FLORA INGALLS-I think that using the election board regulations is a good one, I am pointing out that if you do not announce the date until 20 days before, people who would like to vote and are not registered will not have ample time to do it. SUPERVISOR WALTER-The special election will be held within the legal time frame. -JOAN COLLINS-Cottage Hill Road, Queensbury-By which date will we know definitely if the ward system would be on the Ballot? SUPERVISOR WALTER-The Board has got to set the date of any special election at a Town Board Meeting. -JOAN COLLINS-Is there a date by law that you are required to validate the petition or throw them out? TOWN COUNSEL-Twenty Days... -JOAN COLLINS-It applies to the same thing as setting the date? TOWN COUNSEL-Right... -RONALD MONTESI-18 Meadow Drive-Reverend Storms probably made an impact statement that was negative and we had that paper in front of us. .. TOWN COUNSEL-He filed an environmental assessment form, that is not the same thing. -RONALD MONTESI-I would like an update as to the status of Round Pond? SUPERVISOR WALTER-This is still under negotiation...I do not think we are making much ground at all. -BETTY BLUNT-Buena Vista Avenue-I was pleased with the presentation of fluoridation of the water...in favor of the project... SUPERVISOR WALTER-Announced that Mr. Rick Bolton, Assistant Building Inspector has requested permission to attend a N.Y. State Training Program for Building Code Officials-April 29-30 May 6,7, 13 and 14th 7-11 P.M. in Saranac Lake, N.Y. RESOLUTION TO ATTEND CONFERENCE RESOLUTION NO. 100, Introduced by Dr.. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that permission is hereby granted to the Assistant Building Inspector, Rick Bolton to attend a New York State '.Graining Program from Building Officials on April 29th,30th and May 6th,7th 13th and 14th 1985 at Saranac Lake, New York and be it further RESOLVED, that the Town Board authorizes use of the Town Vehicle and authorizes payment of all reasonable and necessary expenses. Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Olson RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 101, Introduced by Dr. Charles Eisenhart, who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that Audit of Bills as appears on Abstract No. 85-4 and numbered 547 through 728 and totaling $185,147.40 be and hereby is approved. Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Abseut:Mr. Olson On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk i00 RESOLUTION FINDING NO SIGNIFICANT ENVIRONMENTAL IMPACT REGARDING THE APPLICATION BY FAITH BIBLE CHURCH FOR REFUSE DISPOSAL FACILITY RESOLUTION NO. 96, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Frances Walter: WHEREAS, on or about.January 29, 1985, a permit application was filed with the Town of Queensbury on behalf of Faith Bible Church d/b/a Hope Memorial Gardens for approval of a permit for a facility for the disposal of rubbish in accordance with Ordinance No. 8, and WHEREAS, on February 26, 1985, a public hearing was held on the aforesaid application, and WHEREAS, the Town Board has imposed certain conditions to be made part of any permit issued pursuant to Ordinance No. 8, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby finds no significant environmental impact regarding the Faith Bible Church d/b/a Hope Memorial Gardens application for the operation of a rubbish disposal facility in accordance with Ordinance No. 8 of the Town of Queensbury subject to the terms and conditions attached hereto and made a part of such permit. Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Walter Noes: Mr. Morrell, Mrs. Monahan Absent:Mr. Olson (Due to vote taken the motion was defeated) CONDITIONS FOR APPROVAL FOR FAITH BIBLE CHURCH PERMIT FOR RUBBISH DISPOSAL FACILITY PURSUANT TO TOWN OF QUEENSBURY ORDINANCE NO. 8 1. The Faith Bible Church shall authorize only one hauler of material to the facility who will be known to the Town. This authority shall not be assigned to any other individual, partnership or corporation. 2. Material authorized for disposal shall consist solely of tree stumps, limbs, brush and leaves. 3. All material deposited shall be adequately covered with natural soils within not less than seventy-two hours from deposit. 4. Faith Bible Church shall take all reasonable and necessary precautionary provisions to prevent combustion and/or fire at the facility. 5. The facility shall be limited to not more than six hundred feet south of the cemetery gravel road and not wider than the current ravine (Not greater than one hundred fifty feet in width). In any event the facility shall remain not less than two hundred feet from the stream or rivulet shown on the map of the facility. 6. The facility shall be operated between the hours of 7:00 a.m. to sundown or 6:00 p.m. whichever is earlier six days per week. No operations shall be permitted on Sunday. 7. Roadway is to remain gated when hauler is not on premises. 8. No overnite storage of equipment on premises. 9. No fill to be removed from site. 10. This permit shall be valid for a period of years. After this period another application for a permit and approval will be required for further disposal activity.