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1985-04-23 101 TOWN BOARD MEETING APRIL 23, 1985 TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. Daniel Olson-Councilman Dr. Charles Eisenhart-Councilman Mr. Daniel Morrell-Councilman Mrs. Betty Monahan-Councilman LL Mr. Wilson Mathias-Town Counsel PRESS: G.F. Post Star, WBZA GUESTS: Mr. Viger, Mr. Lozo, Mr. Phillips, Mr. LaBelle, Mr. Darwin Williams, Mr. Sommer, Mr. Kenneth Parker TOWN OFFICIALS: Mr. Paul Naylor, Mr. Rick Missita, Mr. Rick Bolton PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN MEETING OPENED 7:35 P.M. PUBLIC HEARING -Proposed Local Law-Moratorium of Mobile Homes-Notice Shown-Hearing Opened 7:35 P.M. SUPERVISOR WALTER-The Local Law that we are having the public hearing on this evening is to impose a temporary moratorium on the issue of permits and or the granting of approval for all mobile home permits in the Town of Queenbury. The proposed law has been on file in the Town Clerk's Office since our last meeting, it-applies to all sections of the Town of Queensbury and it has a duration of six months. The purpose of the law is the fact that the Town Board has always had approval for permits for mobile homes, it becomes increasingly difficult to place mobile homes in the Town. We are working with the Planning Board now and perhaps establishing zones for mobile homes and in fact we are going to be doing some work on updating and revising our mobile home ordinance. The Town Board at previous meetings has indicated that they realize that there is a need for this kind of housing in the town and yet they want to place the mobile homes where there is the least resistance from the neighborhood, and the fact that any placement of mobile homes would not change the character of the neighborhood. Asked for public input... COUNCILMAN MONAHAN-I think this goes back to the fact that people have the right to live in the style of housing that they want and we have a duty to provide a zone that they can own their land... COUNCILMAN OLSON-I have no objection to this proposed local law, we should be looking at particular zones where people could purchase land and place their own mobile homes. I do not want you to think that I will endorse this 100% until we have more information with the zones and areas that we are looking at...we will have to have public hearings on this and see what the input will be from the public...I would still like to have a handle with mobile homes and continue with some form of variance...there still might be lots available outside the zones... TOWN COUNSEL-You could provide a variance procedure, when you do that you are right back where you started. COUNCILMAN OLSON-What do you do with an area that has mobile homes on a street where vacant lots do exist and are not in the zone? TOWN COUNSEL-It seems to me that a place like that would be in one of the zones that allows mobile homes... COUNCILMAN MONAHAN-We may establish more than one zone...we are looking at residential size lots and not the size lots in a trailer park. SUPERVISOR WALTER-We have started looking at mobile home zones and Mr. Roberts the Chairman of the Pj_,aning Board and its members have been asked to take a good look at the Town in selecting areas of the town for mobile home zones... DICK HERMANCE--Dawn Road-Have there been any areas selected for this? SUPERVISOR WALTER-At this time no... Asked for further input, hearing none the public hearing was closed 7:45 P.M. PUBLIC HEARING -Proposed Local Law establishing voter registration requirements in Town Special Elections...Notice Shown...Hearing Opened 7:45 P.M. SUPERVISOR WALTER-This local law would be to establish voter registration requirements for special town elections, the Town Board has recently been faced with the possibility of a special election, when in fact there is a special election it is under the auspices of the Town and not the Board of Elections. We must establish our own requirements and because some of the parts of the town law for registration requirements are hazy we felt the best thing to do would be to set forth our own laws our own rules for the registration and stand behind that, for any election that would be town wide. Asked for public input... COUNCILMAN MONAHAN-Requested that the text of the local law be read... A LOCAL LAW ESTABLISHING VOTER REGISTRATION REQUIREMENTS IN TOWN SPECIAL ELECTIONS Section 1. No person shall be entitled to vote in any special election held in and for 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. 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 election 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 in the Office of the Secretary of State. SUPERVISOR WALTER-What we are saying is that we are going to use the list of registered voters that are provided by Warren Co. Board of Elections. COUNCILMAN MONAHAN-We are also saying that they have time now to register... SUPERVISOR WALTER-For the benefit of the public, in some elections property owners can vote, if you vote in your school election you need not be a registered voter, you can go in and sign the book, we felt that if there was a need for any special election in the Town in order to have a control over who was voting and you can vote only once, that kind of thing, to use the registration list of Warren County would be the most accurate and that we could then be able to determine who would be eligible voters. Asked,for further comments...hearing none the public hearing was closed 7:50 P.M. PUBLIC HEARING -Mobile Home Application of Joseph S. & Elizabeth Viger of 30 Luzerne Road to locate a mobile home on Stevens Road, owner of property Edna Moore-Approved by Building & Zoning Dept.-Notice Shown-7:51 P.M. SUPERVISOR WALTER-The application indicates that Mr. Viger would purchase the land and take off the older trailer that is on the property. CLIFF DEMARSH-I have a recorded option for that lot..(showed record to Town Board) I will not sell the option... COUNCILMAN MONAHAN-Mr. Viger which older trailer are you talking about, the pink one or the other one? MR. VIGER-The Brownish one. 103 COUNCILMAN OLSON-Was this advertised as an exchange or permanent mobile home? TOWN CLERK CHASE-Permanent SUPERVISOR WALTER-The current owner of the land is. Mrs. Moore? MR. VIGER-Yes. She lives in Florida... SUPERVISOR WALTER-Rick are you familiar that we may have had an application for a mobile home on this lot some time ago? RICK BOLTON-No TOWN COUNSEL-Noted that he would have to have time to study the document regarding the option... RANDY BALL-Corinth Road-When I purchased my house this man (Mr. DeMarsh) told me that he owned my property too... COUNCILMAN MONAHAN-Requested that Mr. Viger state his hardship... MR. VIGE R-(presented a paper from Mrs. Brown (Mrs. Moore) that she is willing to sell me the land) Regarding hardship noted that wife had a stroke four years ago and now has a leg brace, found two story house too much... SUPERVISOR WALTER-Our present ordinance indicates that you have to have a hardship and you have to own the land or your mobile home permit will be contingent upon the purchase of the land and if it does not consumate the sale, your permit will be revoked, that is how we have operated in the past. COUNCILMAN MORRELL-Questioned what was in front of this lot? RICK BOLTON-A house... MR. VIGER-There is a 1?' right of way to the land... COUNCILMAN MONAHAN-Who lives in the house... MR. DEMARSH-1 do... MR. JAMES DALICK-Stevens Road-Noted that residents of the area did present a petition to the Board against the placement of another mobile home in the area...hoped that the existing mobile homes would be removed...and no more allowed... MR. GEORGE HAVILAND-I agree with Mr. Dalick-I was under the assumption last year that the board would not allow any more mobile homes in the area...questioned why residents in the area are not notified... SUPERVISOR WALTER-Noted that our present ordinance does not specify that the residents be notified, the board has addressed this problem and it will be brought up with the changes in the mobile home ordinance...the only form or notification is through the media... MR. VIGER-If you deny this permit, the existing trailer has been there for three years that I know of, how long will the people who live on Stevens Road have to see this unoccupied mobile home? I am trying to do something to improve the land... COUNCIMAN MORRELL-Questioned if the mobile home was left for five or six years? COUNCILMAN OLSON-Noted that the Town could step in when it is determined to be an unsafe structure and have it removed... SUPERVISOR WALTER-Asked for further comments...hearing none the public hearing was closed...8:09 P.M. PUBLIC HEARING 104 -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 owner of property Doris Hensler...approved by Building & Zoning Inspector...Notice Shown.. Hearing Opened 8:09 P.M. COUNCILMAN EISENHART-This is in an area which is mostly mobile homes...it looks like a good lot and we approved one near this location.. COUNCILMAN OLSON- I have spoken with Mr. Sommer and the only feelings that I had about it was that the neighbors wished that the property was cleaned up first... COUNCILMAN EISENHART-What will you do with the cellar? MR. SOMMER-To be capped off and used as a front porch... COUNCILMAN EISEN HA RT-Questioned the purchase agreement? MR. SOMMER-We have already placed a down payment on the property... COUNCILMAN EISENHART-If this is passed it will be contingent upon the purchase of the property... SUPERVISOR WALTER-Asked for further comments, hearing none the Public Hearing was closed...8:11 P.M. RESOLUTIONS RESOLUTION TO APPROVED MINUTES RESOLUTION NO. 102, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that the Town Board Minutes of April 9th, 1985 be and hereby are approved. Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None Abstain:Mr. Olson RESOLUTION TO APPROVE BINGO LICENSE RESOLUTION NO. 103, Introduced by.Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that Bingo License No. 17047 be and hereby is approved allowing VFW Post 6196 to hold Bingo occasions from May 7th 1985 through November 26th, 1985. 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. 104, Introduced by Mr. Daniel Olson who moved for its adoption, seconed by Mrs. Frances Walter: RESOLVED, that Bingo License No. 17048 be and hereby is approved allowing West Glens Falls Volunteer Fire Co. to hold Bingo Occasions from April 27th, 1985 thorugh July 27th, 1985. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION TO SET PUBLIC HEARING ON ORDINANCE TO AMEND SECTIONS 4.020,6.040,7.010,7.011,7.012,7.063,7.074,5.070,2.020,7.076 AND NEW APPLICATION FORM FOR SITE PLAN REVIEW AND CHECK LIST FOR SITE PLAN REVIEW OF THE TOWN OF QUEENSBURY ZONING ORDINANCE RESOLUTION NO. 105, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, a proposed ordinance to amend Section No. 4.020,6.040,7.010,7.011,7.012,7.063, 7.074,5.070,2.020,7.076 and addition of check list for Site Plan Review and new application for Site Plan Review of the Town of Queensbury Zoning Ordinance, a copy of which is hereto annexed, has been prepared, and WHEREAS, the proposed ordinance is worthy of consideration for legislative action, NOW, THEREFORE BE IT RESOLVED, that a public hearing be held concerning the proposed adoption of an ordinance to amend the aforesaid sections of the Town of Queensbury Zoning Ordinance 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 14th day of May, 1985 at which all persons interested in the subject thereof will be heard, and it is 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: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None SUPERVISOR WALTER-The Queensbury Planning Board has been dealing with the regulations since 1982 and revised in 1983 and we are looking at some revisions under several sections. In some instances we are adding words such as Restaurants, Under site plan review we are saying Restaurants, Taverns, Refreshments and other incidental facilities for patrons...what has happened over the years since the ordinance has been in effect is that some of these areas have not been taken into consideration. We are changing setbacks in 4.020-g Side Yard-sum of side yards equals 30' or more with a 10' minimum...ad new headings in an Appendix C= Regional Project Review and Site Plan Review Criteria...also in Section 6.040 the new heading will be used...Section 7.010 New Title Purpose of Shoreline and Wetland Regulations Section 7.011 New Title Shoreline and Wetland Regulations...We are looking at several new sections 7.011 A. 2) Add...Further, no vessel shall be moored, berthed, tied or otherwise attached to any dock or shoreline if such vessel may encroach more than one (1) foot beyond adjacent property line as projected on a perpendicular line from shore at a distance not exceeding the furthest point of projection from shoreline of dock in question, unles consent of adjacent property owner(s) is obtained. Section 7.011 New (B)-Shoreline Fill/Hard Surfacing No fill or hard surfacing shall be pertmitted within 50 ft. of any lake, pond, river, stream or wetland except by Site Plan Review approval of the Planning Board. Private driveways crossing a stream are exempted from this regulation provided, however, such driveway does not exceed 15 ft. in width and complies with any and all other agencies requiring approval. Wetland areas will be determined by New York State Department of Environmental Conservation Wetlands maps and/or the Queensbury Planning Board. Section 6.012 (New Section) A site plan review would be required for proposed construction on a lot having a slope of 15% or more within a 50' radius of a proposed structure and also there would be no removal or excavation of 100cu. yards from such site. Section 7.063 (New Section) Cutting Restrictions, Site Plan Review required for any clear cut of more than one acre of land in LR,LC,RC, and RR Zones. The following heading will be changed Section 7.074 Accessory Structures and Uses.. Section 7.074 add B. Trash Recepticles..would be totally hidden behind a building, it would be screened ,.aid covered...Article 2, Section 2.020 Definitions add #50 Junk Automobile" delete Lhe following "no longer intended or" Article 106 7 Section 7.076 Frontage upon a Public Street change A to "The required frontage shall be 40 feet; and such frontage shall provide actual physical access to and from the lot to be built upon for purposes of ingress and egress to the lot by emergency vehicles such as fire trucks and/or ambulances." COUNCILMAN MONAHAN-Spoke about the violations in the buffer zones...removal of trees etc. and parking on the zones... SUPERVISOR WALTER-I think we will go with what we have ready now and take this on for consideration at a later time... COUNCILMAN MORRELL-Questioned Section 7.011 does this include a Seawall? COUNCILMAN EISENHART-We could have an exception there and exclude seawalls... SUPERVISOR WALTER-I would believe that this would be brought forth at a public hearing... RESOLUTION TO RETAIN SURVEYOR RESOLUTION NO. 106, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Olson: 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 surveying services of VanDusen & Steves for an amount not to exceed $9,000. in the preparation of the necessary maps at 50 scale and description. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None SUPERVISOR WALTER-requested that an addition be made "50 Scale" to the resolution, the purpose being to make our maping uniform...(Agreed to by the entire Town Board) COUNCILMAN MORRELL-Questioned the need for the survey work... SUPERVISOR WALTER-This will be for a base map to be used by the Engineer to form the district plans... RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE AGREEMENT FOR APPRAISAL SERVICE RESOLUTION NO. 107, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town of Queensbury is required to assess real property at a uniform percentage of full market value, and WHEREAS, the Town of Queensbury has commenced a program for the ecquitable valuation of real property throughout the Town, and WHEREAS, because of the complexities of appraising and valuing commercial and —� industrial properties the town has determined it is in the best interest of the taxpayers of the Town of Queensbury to contract for appraisal services for commercial and industrial properties, and WHEREAS, the Town of Queensbury has determined that Cole-Layer-Trumble Company, 3199 Klepinger Road, Dayton, Ohio is best qualified to provide such appraisal services, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury enter into a contract for appraisal services 107 for commercial and industrial real property situate within the town with Cole-Layer-Trumble Company in accordance with the terms of the annexed contract, and be it further RESOLVED, that the Town Supervisor of the Town of Queensbury is authorized to sign such contract. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION AUTHORIZING CONTRACT FOR COMPUTER HARDWARE AND SOFTWARE SERVICES BETWEEN THE TOWN OF QUEENSBURY AND ADIRONDACK -- SYSTEMS ASSOCIATES RESOLUTION NO. 108, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town of Queensbury has determined that it is in the best interest of the taxpayers of the Town of Queensbury to obtain computer equipment and software systems for the computerization of programs to enable the prompt, efficient and accurate preparation of budgets, general ledgers, purchase orders, and accounts payable, and WHEREAS, the Town Supervisor of the Town of Queensbury has conducted extensive investigation of computer hardware and software services, and has concluded that the need exists for customized computer software programing services together with the acquisition of certain computer hardware, and WHEREAS, it has been determined that such a contract combining specialized software and hardware equipment falls within the "professional services" exception to the bidding requirements contained in the General Municipal Law, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury enter into an agreement with Adirondack Systems Associates for the furnishing of certain computer software programs and hardware equipment totaling the sum of $15,510.00 and programing services totaling the sum of $11,600.00 and be it further RESOLVED, that the Supervisor is authorized to execute an agreement with said Adirondack Systems Associates as aforesaid upon approval of the form of the contract by Town Counsel. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None SUPERVISOR WALTER-What they will do is personalize our programs to the way we want them done...this system will grow to accomodate our water billing and sewer—this will also be able to have a lease line from the Water Dept. This Company is out of Saratoga...have spoken to other municipalities that have the system already in use and are satisified...Noted that the System can grow, the Highway Dept. can use the system for inventory and job statistics... COUNCILMAN OLSON-Will the software be compatable with the State Systems? SUPERVISOR WALTER-What we are looking at will correspond with the State System. TOWN COUNSEL-There are a certain number of hours of training as part of the contract, you will contract in the future to keep up the warrantee...$1,000. per year... SUPERVISOR WALTER-The hardware is from Data General...there is money in the budget, there will be no financing...The system should be delivered in two weeks and the first program would take about five weeks to put it on... COUNCILMAN OLSON-Will we run the program with existing personnel? SUPERVISOR WALTER-Yes. Ltr. Town Board Town of Queensbury Bay & Havialnd Rd. j Glens Falls, New York 12801 Re: Petition for Establishment of the Ward System Dear Town Board Members: As you know on March 15, 1985, petitions were filed with the Town Clerk for the establishment of a ward system in the Town of Queensbury., On March 26, 1985, you directed me to review the petitions and advise you of the validity of the petitions and any provisions required under the Town Law to implement a special election. Section 81 of the Town Law sets forth those matters upon which a referendum shall be held upon a petition duly filed with the Town Clerk. The section further elaborates the required wording of such petition and setting the required number of signatures needed for a valid petition. I have reviewed the form of the petition and believe that it meets all the requirements of Section 81 of the Town Law. Although I do not pass on the validity of the individual signaturies, the petitions clearly meet the required number of subscribers necessary to place the ward issue on the ballot of a special election. Section 81 of the Town Law also establishes the time frame within which a special election may be held. In the instant case the law requires a special election to be called for between MAY 14, and May 29. A resolution setting the date of the special election must be adopted at least twenty days prior to such election. That resolution should also set forth the place for holding the election and the polling hours. Article 6 of the Town Law requires that at least one polling place within the Town be maintained and that the polls shall be open for at least six consecutive hours between 8:00 in the morning and 8:00 at night. Finally, the Town Clerk should cause a notice of the special election to be published in the official town newspaper and also posted on the sign board of the town at least ten days before the election. If you have any questions or comments on this opinion letter, please do not hesitate to contact me. Very truly yours, /s/ Wilson S. Mathias Town Counsel RESOLUTION ESTABLISHING DATE, POLLING PLACE AND VOTING HOURS FOR SPECIAL ELECTION RESOLUTION NO. 109, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, on March 15, 1985, a certain petition for the establishment of the ward system for the election of councilmen in the Town of Queensbury was filed with the Town Clerk of the Town of Queensbury, and WHEREAS, on March 26, 1985, the Town Board of the Town of Queensbury directed Wilson S. Mathias, Council to the Board, to review the form of the petition and the signatures thereon to determine the validity of said petition and the signatures thereon to determine the validity of said petitions, and 109 WHEREAS, it has been determined that no valid legal objection may be made prohibiting the Town Board of the Town of Queensbury from setting a special election in accordance with §81 of the Town Law, NOW, THEREFORE, BE IT RESOLVED, that a special election shall be held in the Town of Queensbury on the 29th day.of May, 1985 for the purpose of submitting to the duly qualified voters of said Town the following proposition: Should the present at-large system of electing town councilmen in the Town of Queensbury be abolished and a ward system established, wherein the County Board of Elections shall-divide Queensbury into four wards and set the boundaries of wards in accordance with §85 of the Town Law, and wherein all councilmen shall be elected at each biennial town election to serve on the town council for a term of two years? BE IT FURTHER RESOLVED, that said special election shall be held at the Town Office Building, Bay & Haviland Roads, in said Town and the polls for said election shall be open at the hour of 8:00 eastern daylight savings time in the morning and shall close at the hours of 8:00 eastern daylight savings time in the evening. The vote upon such proposition shall be taken by ballot in the manner provided by law. AND IT IS FURTHER RESOLVED, that, the Town Clerk is hereby authorized and directed to give said notice of special election in the manner provided by law and to cause suitable ballots to be prepared for use at said election,and be it further RESOLVED, that a certified copy of this Resolution be forwarded to the Warren County Board of Elections. Duly adopted by the following vote: • Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None Discussion held-During the discussion it was noted that there would be three voting machines used and twelve inspectors and that the Town Clerk was authorized to submit to the Warren County Election Board a certified copy of Resolution 109 of 1985. It was noted that the maximum amount of polling hours were set...The appointing of the inspectors will be made at a later date. DISCUSSION HELD on Mobile Home Application of Joseph Viger...Councilman Eisenhart-I do not want to take action until it is determined who owns the property. Supervisor Walter-Council has indicated that, that is not a matter for the Town Board, that is a civil matter...questioned if Mr. Viger was the owner of the lot would the Board consider the placement of a mobile home on this lot? Councilman Eisenhart-This is a residential street and I would like to see the elimination of the ones that are there. RESOLUTION TO DISAPPROVE APPLICATION TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO. 110, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, Jospeh S. & Elizabeth Viger 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 of a duly licensed mobile home court at property situated on Stevens 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 applciation of Joseph S. & Elzabeth Viger of 30 Luzerne Road, to locate a 11.0 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. 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. 111, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: 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 at property situated at the corner of Sunset Avenue and Nathan 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 David & Tammy Sommer, contingent on the receipt of a deed, to locate a mobile home at property situated at the corner of Sunset Avenue and Nathan Street, and that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION CREATING LOCAL LAW NUMBER 1, 1985 ESTABLISHING VOTER REGISTRATION REQUIREMENTS IN TOWN SPECIAL ELECTIONS RESOLUTION NO. 112, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, THE Town Board of the Town of Queensbury wishes to establish voter registration requirements for Town Special Elections and WHEREAS, a public hearing duly published in accordance with the law by the Town Clerk was held on April 23, 1985 at 7:30 P.M. at the Queensbury Town Office-Building at which all person were heard both in favor of an opposed to the establishment of voter registration requirement for Town Special Elections thus establishing Local Law Number 1 of 1985, NOW, THEREFORE BE IT RESOLVED, that Local Law Number 1 of 1985 be as follows: A LOCAL LAW ESTABLISHING VOTER REGISTRATION REQUIREMENTS IN TOWN SPECIAL ELECTIONS SECTION 1. No person shall be entitled to vote in any special election held in and for the Town of Queensbury pursuant to the provisions of i ke Town Law unless he or she shall be registered to vote with the Warren County :ii:,ard of Elections, and such registration shall have been filed with the Warren (_ok;nty Board of Elections not less than thirty (30) days prior to the date of such special election. 111 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 election 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 in the Office of the Secretary of State. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None Discussion held regarding when the moratorium will take effect on mobile homes...it will be effective on the date it is filed with the Secretary of State... RESOLUTION CREATING LOCAL LAW NUMBER 2, 1985 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 RESOLUTION NO. 113, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the Town Board of the Town of Queensbury wishes to impose a temporary moratorium of the issuance of permits for all mobile home permits in the Town of Queensbury and WHEREAS, a public hearing duly published in accordance with the law by the Town Clerk was held on April 23, 1985 at 7:30 P.M. at the Queensbury Town Office Building, at which all persons were heard both in favor of and opposed to the establishment of a Local Law to impose a temporary moratorium on the issuance of permits and/or the granting of approval for all mobile home permits in the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that Local Law Number 2, 1985 be as follows: A LOCAL LAW TO IMPOSE A TEMPORARY MORATORIUM OF THE ISSUANCE OF PERMITS AND/OR THE CREATING 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. 1 . 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 7. SEVERABILITY : The invalidity of any word, section, clause, paragraph, sectence, part or provisions 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 of 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. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None DISCUSSION HELD-Alan Converse Mobile Home-Public Hearing held on December 11, 1984...have been awaiting additional information...I am selling to Alan Converse 5.39 Acres that includes 50' running along the northerly side of Warren Lane in the Town of Queensbury, he is buying this on Contract. Roberta Converse... the new mobile home will not be placed until the existing mobile home is removed... RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 114, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, Alan B. Converse has made application in accordance with paragraph Imo` 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 on Warren Lane, 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 Alan B. Converse to locate a mobile home at property situated at Warren Lane upon the removal of the existing mobile home and receipt of a deed of sale, and that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None t� Absent:None COMMUNICATIONS -Mobile Home Application of Charles and Donna Lozo of John Burke Apts. to locate a mobile home on Eisenhower Avenue, owner of property Ralph and Geneva Elmore... RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 115, Introduced by Mr. Daniel Morrell who moved for its adoption, t 113 seconed by Mrs. Betty Monahan: WHEREAS, Charles and Donna Lozo 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 Eisenhower 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 May 14, 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 Raymond W. LaBelle of 274 Luzerne Road to locate a mobile home on the north side of Luzerne Road... Discussion held-It was noted that there is also a residence on the same lot, the + Board will not issue a permit for two dwellings on the same lot...it was recommended that Mr. LaBelle revise his application showing that the mobile home would be on a seperate lot... i -Mobile Home Application of-Darwin Williams Jr. of 71 Briwood Cir. to locate a mobile home on 407 Ogden Road... RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 116, Introduced by Mrs. Betty Monahan 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 407 Ogden 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 May 14, 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 Olive T. Green of East Drive to locate a mobile home on East Drive, owner of property Stanley Phillips... t� _ Discussion Held-Councilman Olson-Questioned why the Zoning Board was involved in the application...Mr. Bolton-This property was zoned light industrial, the Zoning Board approved the use of the property as residential...it was brought out at the meeting that Linda Phillips and her husband, Dick would be the owner of the property allowing her mother to place a mobile home on the property.. Councilman Monahan-requested that Town Council to review the ordinance and the precedent that has been set by the Town Board in regard to ownership of property and the placing of mobile homes... RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 117, Introduced by Dr. Charles Eisenhart who moved for its ---` adoption, seconded by Mr. Daniel Morrell: WHEREAS, Olive T. Green has made 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 Sanders 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 May 14, 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.-Paul Naylor-recinded posted roads...on file... -Bid Opening-Tag-A-Long Trailer-Water Dept. Case Power & Equipment, Latham, New York 12110 on a General 20HA $9,845.00 non collusive attached. K.C. Canary, Clifton Park, N.Y. 1985 Eager Beaver 20HA $9,950.00 non collusive attached. Mr. Flaherty Water Supt. recommended the bid be awarded to K.C. Canary of Clifton Park...based on availability and date of delivery... RESOLUTION TO ACCEPT BID ON TAG-A-LONG TRAILER RESOLUTION NO. 118, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, Mr. Thomas Flaherty, Water Supt. for the Town of Queensbury did recommend that we advertise for bids for a 1985 Tag-A-Long Trailer, 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. Thomas Flaherty for his recommendation, and WHEREAS, Mr. Flaherty by letter recommended that the bii,l be awarded to K.C. Canary of Clifton Park, in the amount of $9,950.00, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the recommendation of Mr. Flaherty noting that the high bid ws accepted due to the 11 availability and date of delivery of the trailer, and be it further RESOLVED, that the financing for such equipment is in the 1985 budget. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None s Absent:None -Ltr. Town Clerk-requesting permission to attend conference—on file RESOLUTION TO ATTEND CONFERENCE RESOLUTION NO. 119, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that permission is hereby granted to Town Clerk/Director of Purchasing Donald A. Chase to attend a Seminar for Purchasing Officials in Saratoga Springs, New York on May 8th through 10th 1985 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 -Ltr. Highway Dept. requesting permission for Mr. Richard A. Missita to attend Highway School on file... RESOLUTION TO ATTEND SCHOOL RESOLUTION NO. 120, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that permission is hereby granted to the Deputy Highway Supt. Richard A. Missita to attend the 1985 Highway School at Cornell University in Ithaca, New York on June 9th,10th and 11th, 1985 and be it further RESOLVED, that the Town Board authorizes 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 9:30P.M. -Mr. Kenneth Parker-Thanking you for taking the position that you did on the Ward Issue setting the Election Date for May 29th 1985...I would also like the public and members of the Town Board to know that there are a lot of citizens of Queensbury -- who are concerned but yet happy with the existing form of government. There has been a committee formed, The Queensbury Citizens for Good Government, we intend to produce information that is necessary for the citizens of the Town of Queensbury to have the information to make an good educated vote pro or con for this ward issue. We are happy with the present system of government so we are against the ward issue...presented handouts to the Town Board...we will be doing some advertising and as much publicity as possible...We hope that we are able to see both sides of the issue, we know the citizens of the Town of Queensbury will be able to see both sides of ;pie issue on this matter... MR. STEVEN DECKER-Spoke to the Town Board regarding Cole-Layer and Trumble, voiced his concern over the Town hiring the company, noted that he felt that Saratoga was not satisfied with the Company... TOWN COUNSEL-Noted that the Town had looked at other companies and found Cole-Layer and T)rumble to be the choice...they have performed appraisal services in connection with some litigation on some commercial properties and I think it was outstanding...the impression that we got from what we had to go on was that this was a very fine firm... RESOLUTION TQ APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO. 121, 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. 85-4C and numbered 739 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 On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk 1 i E