Loading...
1985-06-25 TOWN BOARD MEETING JUNE 25, 1985 TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. Daniel Olson-Councilman Mr. Daniel Morrell-Councilman Mrs. Betty Monahan-Councilman ABSENT Dr. Charles Eisenhart-Councilman Mr. Wilson Mathias-Town Counsel PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MORRELL COUNCILMAN MORRELL-I would ask that you all join me in giving best wishes to Dr. Eisenhart who is not here tonight, he underwent surgery today. . . MEETING OPENED 7:40 P.M. PRESS: G.F. Post Star, WENU, WBZA GUESTS: Mr.& Mrs. Holmes, Mr. Richard Dawson, Mr. LaFountain, Residents of the Clendon Brook Area. . .Mr. Charles Scudder TOWN OFFICIALS: Mr. Thomas Flaherty, Mr. Paul Naylor, Mr. Rick Missita PUBLIC HEARING -Amendments to Local Law No. 2 of 1983 regulating Transient Merchants and Solicitors in the Town of Queensbury Notice Shown-7:43 P.M. SUPERVISOR WALTER-This is the second public hearing that we have had relative to a local law that will regulate transient merchants and solicitors and transient merchant/solicitor markets in the Town of Queensbury. We had one public hearing and have made some changes from that hearing. The Town Board has had the opportunity to discuss the different comments that were made at the first public hearing and they have a new local law revised, which has been on file in the Clerk's Office for the last several weeks. MR. RICHARD DAWSON-Lake George, N.Y.-In regard to Section 1 which time is the hearing set on the 90 days or the six months? TOWN CLERK-The proposed amendments are underlined. . . MR. RICHARD DAWSON-I feel that this would create a problem for those who only operate during the tourist season . . . SUPERVISOR WALTER-This would not effect permanent structures that are paying taxes on a year around basis. . .not considered transients. . . MR. RICHARD DAWSON-The Attorney General's Office deals with fraud, that does not have to be in the ordinance. . .noted that the basic Flea Market deals in One to Five Dollar items I cannot see that the public is not that naive, they know what they are getting. . .I believe that the public would need protection for higher priced items . . .noting aluminum siding etc. COUNCILMAN OLSON-Are you in favor or against the six months in section 1? J MR. RICHARD DAWSON-Against. . .I do not think someone has to be here for six months to be an established business. . .I think that a bond for a transient merchant $10,000.00 for two hundred dollars of business should be stricken from the local law. . .it does not protect anybody from a flea market sense. . .there should be a section in the local law for flea markets. . .In Section 7 Number 10. . .the ten hours should be changed, a flea market runs on a rain or shine type situation. . .it may not be possible to do • 157 that for a particular individual running the market. . . How are garage sales treated in the local law? SUPERVISOR WALTER-A garage sale held on a persons property is legitimate, we have not legislated against it. . .if he is selling that merchandise that is his own, that is not a part of this local law. MR. ROGER LAFOUNTAIN-Owner of Martha's Rest.-Taxpaying property owners would be exempt from this law if they have an established business? SUPERVISOR WALTER-Yes, if they are selling their own merchandise. . . MR. ROGER LAFOUNTAIN-Nothing in this law would benefit a flea market, you are still saying that our flea market is illegal according to your definition of the law. SUPERVISOR WALTER-This law in relation to what you want to do, you would have to comply with the law, you would be defined as a transient or solicitors market. MR. ROGER LAFOUNTAIN-Will there be any consideration given to an existing business? SUPERVISOR WALTER-There is no section to grandfather. . .I do not think that the Attorney or Board Members in discussing the changes felt that, that was in the best interests of the community to have any grandfather clauses. . . MR. ROGER LAFOUNTAIN-I have to disagree, the purpose of the Town Board is to get input from the citizens which we did last time, everyone of us was against the proposed law and the way it was written and yet not one change was made to benefit us, the only changes made were to make it even stronger and harder for us to operate. What is the purpose of a public meeting if what the citizens say is totally ignored? SUPERVISOR WALTER-I do not think it was ignored, you gave me your comments, I duplicated those, they were sent out to all the Board Members, we have talked about the law and they were asked if they wished to incorporate any of these ideas and it was the consensus of the Board that they felt that this was not what they wanted the law for. The items in here covered the kinds of things that we wanted to appear in the law. MR. ROGER LAFOUNTAIN-We are dealing with two different things, a Flea Market vs a Transient Merchant, such as the furniture dealers that we have spoken about. . .a definition should be made to seperate the two. MR. DAWSON-I agree with Roger, the Board is here for public input. . .Flea Markets are held all over the country . . . SUPERVISOR WALTER-I do not want the public to be mislead, Flea Markets are not outlawed, they must comply with the local law in order to run a Flea Market. . MR. DAWSON-What is the objection to Flea Markets? COUNCIMAN MONAHAN-We have had parking and traffic problems which created a hazard. . . SUPERVISOR WALTER-We have heard from those people who are running flea markets at the public meetings we have also heard from other people who are your neighbors who have indicated that there is a traffic problem, there has been a safety problem. We have tried in the Town of Queensbury when businesses are established,for them to go before the planning board, we find out what kind of business there will be, a certain amount of parking places are required and other requirements that go along with a business. In operating a flea market in places around the Town where people just set up shops where-ever they care to, there is no control over that and we have had problems. . .mostly safety factors which is a liability to all the residents in the Town. MR. DAWSON-I agree, but I am sure it has not been documented as how many accidents have occured at such locations as opposed to other bad curves in Queensbury persay. . .I think Dexter and Dunhams is a very dangerous area. . . COUNCILMAN MONAHAN-I do not think we are talking about parking within the lot itself we are talking about when people park on the road. . . MR. DAWSON-We do have law enforcement for that reason. . . COUNCILMAN MONAHAN-The point of it is that when you have a business, one of the obligations of having a business is to furnish enough parking so people do not have to park on the road. MR. DAWSON-I do not operate a flea market nor do I intend to, I am just here on behalf that someday in the future I may. . .Spoke about other areas of the country that have flea markets, they are big business and big tax payers. . .noted it allows older people and youth to add to their incomes and helps them start in the business world. . . SUPERVISOR WALTER-Noted that it was the business community who were upset with the fact that these kinds of things were happening, when they were beautifying their businesses and complying with the Planning and Zoning Board and paying money and being a part of the community, through other kinds of activities during the year. . .it was those people who indicated that they did not wish to see solicitors and markets become a big thing in Queensbury because it was touching on the various businesses. MR. DAWSON-A flea market in this area could not grow big, because there are not enough vendors to warrant it. . . SUPERVISOR WALTER-Asked for further comments. . .Hearing None the Public Hearing was closed. . .8:08 P.M. PUBLIC HEARING PROPOSED Clendon Brook Water Dist.-8:09 P.M. Notice Shown SUPERVISOR WALTER-Introduced Mr. Charles Scudder-Engineer on the proposed Project. . .and the Water Supt. Mr. Thomas Flaherty MR. SCUDDER-(Used maps of the proposed dist. ) Described the boundaries of the District. . .There are within the district eleven hundred and fifty acres or approximately two square miles of area. . .there are several reasons for the creation of the water dist. . .improvement of the general hydraulic system. . .there have beer number of petitions from residents of the area asking for the creation of the district. . .improvement of fire protection and domestic water. . .30,500 feet of ductile iron pipe the largest being 12" . . .Construction should begin in September of this year and finish in 1986. . .The Total Cost of the Project will be $479,800.00. . .there will be 33 fire hydrants. . .The total assessed valuation of the dist. 4,117,200 if the project is financed over a period of 25 years at 8% the tax rate per thousand of assessed evalution would be $10.00 per thousand. . . SUPERVISOR WALTER-If you house is assessed at 15,000 you would have a yearly cost of $150.00 for the assessement on the project, a water use of a minimum charge of $68.00. . .the first year costs would be $218.00. The Town Board does not have final jurisdiction over the creation of the district that is up to the State Comptroller, he takes a look at all figures that Mr. Scudder has used such as the assessed evaluation and how much the project cost is and he sees what the home owner can J sustain, what would not be an outragious charge, this is well within the confines of todays dollar, something that will be approved by the State Comptroller. t MR. CHARLES TROMBLEY-How much more would it cost if we waited two years? MR. SCUDDER-If there was a general inflation rate of 6% it would be 12% or 60,000 dollars. . . SUPERVISOR WALTER-In looking at financing the project the rates that we would be getting for the first couple of years are excellent right now because the interest rates are down. • 1J9 MR. CHARLES TROMBLEY-The longer that we put this off the more it will cost. COUNCILMAN OLSON-Noted that new construction was not figured into the projected costs. . .the more assessment growth in the projected area the lower the rate will be. . . SUPERVISOR WALTER-As the assessed evalution goes up the cost is spread over more people so your per thousand goes down. What we have given you is the maximum cost, you will not pay more than that, you could pay less, by law we are not allowed to exceed. COUNCILMAN MORRELL-Every new district that has been added since we have created the water plant, those new districts do not contribute anything to the payment of the water plant? SUPERVISOR WALTER-We do have a water charge for usage, that covers operation, maintenance and some toward the debt service. COUNCILMAN MONAHAN-Several of the districts have come in less than the estimate. . . MRS. HOLMES-What is the estimated life of the pipes? MR. SCUDDER- One hundred years is not unreasonable. . . MR. HOLMES-If you border but are not in the district will you be charged? MR. SCUDDER-No MR. HOLMES-I believe that the description is wrong. . . DISCUSSION HELD-It was noted that the road referred to as Fuller Road on the last page of the description should be referred to as Clendon Brook Road. . . this will be corrected in the description. . . MR. SCUDDER-The project may start on the Luzerne Road and then pick up Clendon Ridge. . . UNKNOWN-Noted that his house would be done in Sept. questioned if a special line could be run for service? MR. SCUDDER-We will look at that . . . . MR. FLAHERTY-Construction will depend on the establishment of the district and weather. . . MR. TROMBLEY-Questioned if he could be hooked up. . . Discussion held on location. . . MR. SCUDDER-We might be able to reach you this year. . . TOWN CLERK-Requested that a set of corrected boundaries be placed on file in his office as soon as possible. . . SUPERVISOR WALTER-Asked for further comments, hearing none the public hearing ws closed. 8:41 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 156, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that the Town Board minutes of June 11, 1985 be and hereby are approved. Duly adopted by the following vote: r I.! Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Dr. Eisenhart RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 157, Introduced by Mrs. Betty Monahan, who moved for its adoption, seconded by Mrs. Frances Walter: RESOLVED, that the Town Board minutes of June 20th, 1985 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Dr. Eisenahrt Abstain: Mr. Olson RESOLUTION TO UNTAB4 RESOLUTION 149 OF 1985 RESOLUTION NO. 158, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that Resolution No. 149 of 1985 entitled RESOLUTION TO AUTHORIZE SALE OF GRAVEL FROM RIDGE ROAD SITE AND RESCINDING RESOLUTION NO. 139 of 1978 AMENDED BY RESOLUTION NO. 25 OF 1984 be and hereby is brought back onto the floor. Duly adopted by the Following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Dr. Eisenhart DISCUSSION HELD-It was agreed that outside municipalities would be charged $1.00 per yard and special districts of the Town and Town Departments will be charged .50 per yard. . .Councilman Monahan agreed to the changes. . . seconded by Councilman Morrell RESOLUTION TO AUTHORIZE SALE OF GRAVEL FROM RIDGE ROAD SITE AND RESCINDING RESOLUTION NO. 139 OF 1978 AMENDED BY RESOLUTION NO. 25 OF 1983 RESOLUTION NO. 149, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town of Queensbury wishes to sell gravel to Special Districts in the Town of Queensbury and to other governments from its gravel pit on the lands owned by the Town near the site of the existing Landfill, and WHEREAS, the gravel located at the site is a valuable resource to the Town, and WHEREAS, _ the Town wishes to receive compensation for the loss of this asset, NOW, THEREFORE BE IT RESOLVED, that the sale of gravel from the Midge Road Landfill site to Queensbury Special Districts and other municipalities be authorized with the specific conditions attached that the purchasing municipalities will mine and load said gravel for removal only after authorization by the Town Board and under the direction and supervision of the Town Highway Superintendent and that individuals have the proper certification for mining operations, and be it further RESOLVED, that the said gravel be sold at a price of $1.00 per yard to outside municipalities and .50 per yard to Special Town Districts and Town Departments, and be it further RESOLVED, that said authorization will be in force and effect only for a period of time equal to the duration of one specific project and that separate authorization will be necessary for each agency (government) project, and be it further RESOLVED, that Resolution No. 139 of 1978, amended by Resolution No. 25 of 1983 be rescinded. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Dr Eisenhart RESOLUTION AUTHORIZINC ACCEPTANCE AND EXECUTION OF PROPOSED LEASE ACRKXNENT RESOLUTION NO. 159, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, in connection with the operation of the summer recreation program by the Town of Queensbury, Harold Hansen, Queensbury Recreation Director, has recommended to the Town Board that recreation activities be provided in various areas of the Town, and WHEREAS, the Town of Queensbury is presently not the owner of lands in these various areas of the Town that would be suitable for recreation activities to be conducted by the Town of Queensbury Recreation Department thereon, and i WHEREAS, Harold Hansen has made tentative arrangements, subject to the approval of the Town Board, with the owners of certain lands, in North Queensbury, West Glens Falls, Bay Ridge and the Glen Lake Area respectively to lease said lands for use in connection with the Town's summer recreation program, and WHEREAS, Harold Hansen has recommended to the Town Board that the Town of Queensbury lease said lands for recreation purposes for the period from June 25 to August 16, 1985, and WHEREAS, Harold Hansen has informed the Town Board that he has inspected these six parcels of land and has found each to be suitable and appropriate for recreational purposes, and WHEREAS, Wilson Mathias, Counsel to the Board, has prepared proposed written lease, copies of which are annexed hereto relative to the leasing of these six parcels of land under the terms and conditions specified therein, and WHEREAS, it would serve a legitimate Town purpose to provide summer recreational programs in North Queensbury, South Queensbury, West Glens Falls, Bay Ridge, and the Glen Lake Area, and WHEREAS, the terms and conditions set forth in each of the proposed leases appear to be reasonable, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury enter into written lease agreements with the respective owners of the aforesaid six parcels of land for a period from June 25, 1985 to August 16, 1985 under the terms and conditions of the proposed lease agreement annexed hereto, and be it further RESOLVED, that Frances J. Walter, Supervisor be authorized and empowered to execute said leases on behalf of the Town of Queensbury and be it I.06 further RESOLVED, that upon execution of the lease pertaining to the Bay Ridge area by Elva McDermott, owner of said premises, One Hundred Dollars ($100.00) be paid by the Town of Queensbury from the appropriate account to Mrs. McDermott for the lease of this property. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None i Absent:Dr. Eisenhart RESOLUTION MAKING DETERMINATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT OF PROPOSED ESTABLISHMENT OF THE CLENDON BROOK WATER DISTRICT RESOLUTION NO. 160, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York has heretofore duly caused a general map, plan and report to be prepared and filed in the Office of the Town Clerk of the said Town in relation to the establishment of a proposed water district in said Town, to be known as the Clendon Brook Water District; and WHEREAS, the establishment of the proposed water district and the construction of the improvements proposed therefor (hereinafter "The Project") consitute an action under the New York State Environmental Quality Review Act (hereinafter "SEQR") ; and WHEREAS, under the implementing regulations set forth in 6 NYCRR Part 617, the Project is an unlisted action; and WHEREAS, the Town Board has caused to be prepared a Short Environmental Assessment Form pertaining to the project;and WHEREAS, the Town Board has considered the general map, plan and report -- along with the Short Environmental Assessment Form and all evidence given at a public hearing concerning the proposed establishment of said district; and WHEREAS, it appears that no siginificant environmental impact would result from the establishment of the water district or the construction of the improvements proposed therefor, NOW, THEREFORE BE IT RESOLVED, that it be hereby determined that the establishment of the Clendon Brook Water District and the construction of the improvements proposed therefor will have no significant environmental impact under SEQR. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Dr. Eisenhart RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO THE PROPOSED ESTABLISHMENT OF A WATER DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, 'f NEW YORK TO BE KNOWN AS THE CLENDON BROOK WATER DISTRICT RESOLUTION N0. 161, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York has heretofore duly caused a general map, plan and report to be prepared and filed in the Office of the Town Clerk of the said Town in relation to the establishment of a proposed water district in said Town, to be known as the Clendon Brook Water District; and WHEREAS, an order, was duly adopted by the said Town Board on June 11, 1985 reciting a description of the boundaries of said proposed district, the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed method of financing to be employed, the fact that said map and plan were on file in the Town Clerk's Office for public inspection, and specifying the 25th day of June 1985 at 7:30 P.M. prevailing time, at the Town Office- Building, Town of Queensbury, Bay & Haviland Roads, in said Town as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same; and WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid, at which all persons desiring to be heard were duly heard;and WHEREAS, said Town Board has duly considered said map and plan and the evidence given at said public hearing; NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York as follows: SECTION 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: A) The notice of the aforesaid public hearing was published and posted as required by law and is otherwise sufficient: B) All the property and property owners within said proposed district are benefited thereby; C) All the property and property owners benefited are included within the limits of said proposed district; and D) The establishment of said proposed district is in the public interest. SECTION 2. The resolution shall take effect immediately. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Dr. Eisenhart RESOLUTION APPROVING THE ESTABLISHMENT OF A WATER DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, TO BE KNOWN AS THE GLENDON BROOK WATER DISTRICT, AND FURTHER APPROVING THE CONSTRUCTION OF THE IMPROVEMENTS PROPOSED THEREFOR RESOLUTION NO. 162, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York has heretofore duly caused a general map, plan and report to be prepared and filed in the Office of the Town Clerk of said Town in relation to the establishment of a proposed water district in said Town, to be known as the Clendon Brook Water District. WHEREAS, an order was duly adopted by said Town Board on June 11, 1985 reciting a description of the boundaries of said Proposed district, the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed method of financing to be employed, the fact that said map and plan were on file in the Town Clerk's Office for public inspection and specifying the 25th day of June, 1985 at 7:30 o'clock p.m. , prevailing time, at the Queensbury Town Office Building, Bay and Haviland Roads, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same;and WHEREAS, such order was duly published and posted in the manner and within the time prescribed by Section 209-d of the Town Law and proof of said publication and posting has been duly presented to said Town Board;and WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid, at which all persons desiring to be heard were duly heard,and WHEREAS, following said public hearing, and based upon the evidence given thereat, said Town Board duly adopted a resolution determining in the affirmative all of the questions set forth in Subdivision 1 of Section — 209-e of the Town Law; and WHEREAS, it is now desired to adopt a further resolution pursuant to _r Subdivision 3 of Section 209-e of the Town Law, approving the establishment of said district and the construction of the improvements proposed therefore; NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York, as follows: SECTION 1. The establishment of a water district in the Town of Queensbury, Warren County, New York to be known as the Clendon Brook Water District, to be bounded and described as hereinafter set forth, and the construction of a water system to serve said district, including the acquisition of land or rights in land, and original furnishings, equipment, machinery or apparatus necessary in connection therewith at a maximum estimated cost of Four Hundred Seventy-Nine Thousand Eight Hundred Dollars ($479,800.00) is hereby approved and authorized. The method of financing the cost of said improvements consists of the issuance of serial bonds of the Town to mature in annual installments over a period not exceeding twenty-five (25) years, payable in the first instance from assessments levied on an ad valorem basis on benefited real property in the proposed district which the Town Board of said Town shall determine and specify to be especially benefited thereby in the manner prescribed by Subdivision 2 of Section 202 of Town Law. SECTION 2. Said water district shall be bounded and described as is set forth in Schedule "A" annexed hereto and made a part hereof. SECTION 3. Within ten days after the date that the adoption of this resolution becomes effective, the Town Clerk, of said Town is hereby directed to file a certified copy of this resolution, in duplicate, in the Office of the State Department of Audit and Control, in Albany, New York, together with an application, in duplicate, for permission to establish the aforesaid water district, in the manner required by the provisions of Subdivision 3 of Section 209-f of the Town Law. SECTION 4. This resolution is subject to a permissive referendum as provided by Section 209-e of the Town Law. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None ✓; Absent: Dr. Eisenhart SCHEDULE A All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren, and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the center of West Mountain Road where the same is intersected py the west line of lot 84, Queensbury Parent and the west line of the present Land O'Pines Water District; running from thence southerly along the said westerly bounds of lot 84 to the northeast corner of lands of Earle and Eve Bellew; thence running southerly along the easterly bounds of the said lands of Bellew and the westerly bounds of said lot 84 and the westerly bounds of the lands of Steven and Susan Carp to the southwest corner thereof; thence easterly along the southerly bounds of Carp and the southerly bounds of the said Land O'Pines Water District to the southeasterly corner of the lands of said Carp; thence easterly along the southerly bounds of the lands of Eileen Kaplan and Lois Holmes, still along the southerly bounds of lot 84 and the Land O'Pines Water District, to the southeast corner of said Lois Holmes; thence easterly along the southerly bounds of other lands of Steven and Susan Carp being also along the southerly bounds of lots 84 and 77 of the Queensbury Patent and the southerly bounds j of the Land O'Pines Water District to the southeast corner of the lands of said Carp in the westerly bounds of Sherman Acres Subdivision; thence southerly along the westerly bounds of the said Sherman Acres Subdivision and the said Land 0' Pines Water District to the southwest corner of lot 21, Sherman Acres Subdivision; thence southerly along the westerly bounds of the lands of Elizabeth A. and Walter 0. Rehm, III to the southwesterly corner thereof; thence easterly still along the Land 0' Pines Water District and the southerly bounds of said Rehm to the southeast corner thereof and the southeast corner of the Land 0' Pines Water District; thence southerly along the westerly bounds of the lands of Anne Betters to the southwesterly corner thereof; thence running easterly along the southerly bounds of said Betters to the southeast corner thereof; thence easterly crossing Niagara Mohawk Power Corporation transmission line to the southwest corner of the lands of Ernest and Doreen Centerbar; thence easterly along the southerly bounds of Centerbar to the southeast corner thereof; thence northerly along the easterly bounds of said Centerbar and the westerly bounds of Mortnot Investing Co. , Inc. to the northwesterly corner thereof; thence easterly along the northerly bounds thereof and the southerly bounds of the lands of Milton Aronson to the southeast corner of said Aronson and the southwest corner of the lands of Harold W. Katz; thence northerly along the westerly bounds of the lands of said Katz to the northwest corner thereof at the southwest corner of lot 23 of the N.F. Ripley Subdivision in the southerly bounds of the present Sherman Avenue Water Distirct; thence running easterly along the southerly bounds of said Sherman Avenue Water District and the southerly bounds of lots 23, 22, 21, 20, 19 and 18 of said subdivision to the southeast corner of said lot 18 therof, crossing one unnumbered parcel of land between lots 21 and 20; thence southerly along the westerly bounds of said Sherman Avenue Water District and the lands of Howard S. Dickinson to the southwesterly corner thereof; thence easterly still along the southerly bounds of said Sherman Avenue Water District and the southerly bounds of said Dickinson to the southeast corner thereof; thence northerly along the lands of said Sherman Avenue Water District and the -easterly bounds of said Dickinson, a distance of 50 feet to the southeast corner of lot 15 of said Ripley Subdivision; thence easterly along the southerly bounds of said Sherman Avenue Water District and along the southerly bounds of lots one through fourteen of said Ripley Subdivision, crossing three unnumbered parcels of land each 50 feet in width between lots two and three, lots eight and nine, and lots fourteen and fifteen to the southeasterly corner of lot one therein, thence running southerly along the westerly bounds of lot 55 and the easterly bouns of lot 62 in the Queensbury Patent still along the Sherman Avenue Water District to the point in the northerly bounds of the Queensbury Water Storage and Distribution District; thence running westerly passing in a straight line along the extension westerly of the northerly ends of East Drive and West Drive to a point; thence running southerly along a line parallel to West Drive, still along the Queensbury Water and Storage Distribution District crossing Luzerne Road to the northwest corner of lot 947 Western Park Subdivsion; thence running westerly along the southerly bounds of Luzerne Road still along the Queensbury Water and Storage Distribution District bounds to the northeast corner of the lands of Thomas D. Nash and Harold C. Nash, III and the northwest `— corner of the Walter Dombek Subdivision; thence running southerly along the said Walter Dombek Subdivision and the easterly bounds of said Nash and of one Winchip to an angle point in said Queensbury Water and Storage Distribution District bounds; thence westerly through the lands of said Winchip and the lands of William K. Gilmen to the southeast corner of the lands of LeRoy Ball, Sr. in the bounds of said Queensbury Water and Storage Distribution District; thence westerly along the southerly bounds of the lands of LeRoy Ball, Sr. to the southwest corner of said Ball; 1046 thence running westerly through the lands of LeRoy Ball, Jr. , Web Graphics, Inc. , and Kenny and Stanley Phillips to the southeast corner of the lands of Lawrence Mattison; thence continuing along the Queensbury Water and Storage Distribution District and along the southerly bounds of said Mattison and continuing the same line westerly crossing the lands of Niagara Mohawk Power Corporation to a point in the westerly bounds thereof; thence running northerly along the westerly bounds thereof to the southeast corner of the lands of Morgan Combs; thence running westerly along the south line of said Combs to the southwest corner thereof still in the bounds of the Queensbury Water and Storage Distribution District; thence running southerly along a portion of the lands of Lorraine G. and Sally A. Brandt to the northeast corner of other lands of said Lorraine G. and Sally A. Brandt at the southeast corner of the lands of Lawrence Mattison; thence running westerly along the southerly bounds of said Mattison to the northeast corner of the lands of Alfred G. and Gladys Mae Reed; thence running southerly to the southeast corner thereof; thence running westerly along the southerly bounds thereof and a continuation thereof to the center of VanDusen Road; thence running southerly in the center of VanDusen Roads to it intersection with the center of Pitcher Road; thence running westerly in the center of Pitcher Road still along the bounds of the Queensbury Water and Storage Distribution District to the northwesterly corner of the lands of Joseph Benedict; thence running southerly along a portion of the lands of Benedict to the northeast corner of the lands of Eleanor McGuire; thence running westerly still in the bounds of Queensbury Water and Storage Distribution District and the northerly bounds of the lands of Eleanor McGuire to the northwest corner thereof; thence running southwesterly crossing the lands of James and Marion Green and Earl and Shirley Russell to the northeasterly corner of the lands of Floyd and Louisa Norton; thence running southwesterly along the northwesterly bounds of said Norton and the southerly bounds of the lands of Earl and Shirley Russell to the southwest corner of the lands of Earl and Shirley Russell in the northerly bounds of said Queensbury Water and Storage Distribution District and the easterly bounds of the extension of Bedford Close Area Water District; thence running northerly along the westerly bounds of the said lands of Russell to the center of Pitcher Road at the northwest corner of thereof; running thence westerly in the center of Pitcher Road to a point in a line which is an extension northerly of the easterly bounds of Section one of Bedford Close Subdivision; thence southerly along the said line about 25 feet to the northeasterly corner of Section One of Bedford Close Subdivision and continuing from thence South 12 degrees and 09 minutes West along the same, a distance of 200.00 feet; thence South 41 degrees, 31 minutes and 30 seconds West along the southeasterly bounds of Section One, Bedford Close, a distance of 363.76 feet; thence North 48 degrees, 28 minutes and 30 seconds West, a distance of 200.00 feet to a point in the southeasterly bounds of Lantern Hill Road; thence South 41 degrees, 31 minutes and 30 seconds West along the southeasterly bounds of Lantern Hill Road, a distance of 197.50 feet; thence South 48 degrees, 28 minutes and 30 seconds East, a distance of 200.00 feet to a point in the said southeasterly bounds of Section One of Bedford Close Subdivision; thence South 41 degrees, 31 minutes and 30 seconds West along the southeasterly bounds of Section One of Bedford Close, a distance of 284.50 feet; thence South 06 degrees and 07 minutes West, still along the same, a distance of 79.50 feet; thence North 83 degrees and 53 minutes West along the southerly bounds of Section One of Bedford Close a distance of 200.00 feet; thence running southwesterly about 57 feet, still along the southerly bounds of Section One, Bedford Close Subdivision; thence North 83 degrees and 53 minutes West, still along the same, a distance of 157.41 feet; thence North 59 degrees and 38 minutes West, still along the same, a distance of 400.00 feet; thence North 83 degrees, 46 minutes and 40 seconds West, still along the same, a distance of 100.00 feet to a point in the easterly bounds of the lands of John and Carolyn Lord, thence northerly along a portion of the easterly bounds of the said lands of Lord to the northeasterly corner thereof; thence westerly along the northerly bounds of the said lands of Lord and continuing the same course to the center of West Mountain Road at the northwest corner of the extension in Bedford Close; thence running northerly in the center of said West Mountain Road to a point therein, which is an extension easterly of the southerly bounds of the lands of Philip. and Judith Buttling; thence running westerly to and along the southerly bounds of the lands of Philip and Judith Buttling to the southwesterly corner thereof; thence running northerly along the westerly bounds of said Buttling to the northwesterly corner thereof; thence westerly in • 167 the southerly bounds of the lands of Michael Brandt and West Mountain Corporation to the northeast corner of other lands of West Mountain Corporation as described in Book 582 of Deeds at page 697; thence running southerly, northwesterly, southwesterly, westerly, northerly, and again westerly along the southerly bounds of the lands of West Mountain Corporation as described in said Book 582 of Deeds at page 697 to the southwest corner thereof; thence running northerly along the westerly bounds thereof to the northwest corner thereof in the southerly bounds of the lands of Arthur and Christine Hull; thence running throught he lands of said Hull to the southwest corner of the lands of Fred M. and Dorothy L. Hull; thence running northerly along the west line of said Hull to the northwest corner thereof; thence running northerly through other lands of said jArthur and Christine Hill to the southwest corner of the lands of Pamela Stanton; thence running northerly to the northwest corner thereof; thence running easterly to an angle point therein at the southeast corner of the lands of Marshall and Lorraine Jarvis; thence running northerly along the lands of said Jarvis and the westerly bounds of the lands of said Stanton to the southerly bounds of Luzerne Mountain Road; thence running across said Luzerne Mountain Road to the southwest corner of Twin Mountain Road; thence running northerly along the westerly bounds of said Twin Mountain Road, a distance of 410.33 feet to the southeast corner of the lands of Rita Frank; thence westerly along the southerly bounds of said Frank to the southwest corner thereof; thence running northerly along the westerly bounds of said Frank, Harold and Jane Zenger and William and Patricia Carpenter to the southeast corner of the lands of Michael adn Kim Manney; thence running westerly along the southerly bounds of said Manney to the southwesterly corner thereof; thence running northerly along the westerly bounds thereof to the northwesterly corner thereof; thence running easterly along the northerly bounds thereof to the southwest corner of Lilac Lane; thence running northerly across the westerly end of Lilac Lane to a point in the southerly bounds of the lands of Donald and Margaret Tabor; thence running westerly along the said southerly bounds of said Tabor, a distance of 600 feet to a point therein; thence running northerly through the lands of said Tabor at right angles to the southerly bounds thereof to a point in the northerly bounds therein, in the southerly bounds of lands of Clendon Cone; thence running easterly along the northerly bounds of said Tabor and the southerly bounds of said Cone to the southeast corner of said Cone; thence running northerly still along the bounds between said Tabor and Cone to the southwest corner of the lands of Gary and Jeannette Zollinger; thence running easterly along the northerly bounds of said Tabor and the southerly bounds of said Zollinger, a distance of 530 feet more or less to a point; thence running northerly through the lands of said Zollinger on a line running parallel to the westerly bounds of said Zollinger to a point in the southerly bounds of the lands of Leland H Loffler; thence running easterly along the southerly bounds of said Loffler to the southeast corner thereof in the westerly bounds of the lands of Robert and Dorothy Rowe and in the center of a small brook; thence running northerly along the center of said small brook in the easterly bounds of said Loffler being also the westerly bounds of the lands of Robert and Dorothy Rowe and Charles and Shirley Harvey to the southerly bounds of Clendon Brook Road; thence running easterly along the southerly bounds of said Clendon Brook Road and the extension thereof to the center of West Mountain Road; thence running southerly along the center of West Mountain Road to the point and place of beginning. RESOLUTION TO AMEND CABLE TELEVISION FRANCHISE AGREEMENT WITH COLONIAL CABLEVISION, INC. RESOLUTION NO. 163, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, pursuant to Rule 595.5 of the State of New York Commission on I� Cable Television any franchise amended after October 1, 1982, must contain an approved line extension agreement and, Whereas, the agreement between the Town of Queensbury and Colonial Cablevision Inc. was amended by Resolution No. 207 on August 28, 1984, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury pursuant to Rule 595.5 of the State of New York Commission on Cable Television hereby incorporates the terms and provisions annexed hereto of Rule 595.5 into the franchise agreement between the Town of Queensbury and Colonial Cablevision, Inc. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Dr. Eisenhart RESOLUTION AUTHORIZING EXECUTION OF INSTRUMENTATION MAINTENANCE CONTRACT � FOR THE WATER DEPARTMENT RESOLUTION NO. 164, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town of Queensbury is interested in obtaining maintenance repair for the instrumentation at the Water Department facility, and WHEREAS, an instrumentation maintenance service contract would provide the maximum protection and least expensive needs for repairing instruments utilized by the Queensbury Water Department, and WHEREAS, Thomas K. Flaherty, Water Department Superintendent has recommended the firm of Fischer & Porter to perform the instrumentation maintenance service, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to execute a contract on behalf of the Town of Queensbury with the firm of Fischer & Porter to provide instrumentation maintenance service. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Dr. Eisenhart SUPERVISOR WALTER-We have had a contract with Fischer and Porter through a bidding process, in talking it over with Counsel he indicated that this is a professional service, because it is Fischer and Porter Equipment and we do not need to go to bid for the service. RESOLUTION TO CONDUCT FIELD DAY AND FIREWORKS DISPLAY RESOLUTION NO. '165, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Morrell: I RESOLVED, that permission is hereby grantd to the West Glens Falls Fire Co. , No. 1 to conduct Celebration 1985: SPONSORS: West Glens Falls Fire Co. No. 1 Inc. PLACE: Luzerne Road (Fire Co. Grounds) DATE: June 28th through 30th 1985 ' and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to issue a permit to the aforesaid sponsor upon receipt of proof of insurance in the amount of two million, which includes bodily injury, property damage coverage. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Dr. Eisenhart DISCUSSION HELD ON LOCAL LAW ON TRANSIENT MERCHANTS Supervisor Walter-Add to Section 4 B If application is rejected, fee will be refunded less advertising cost. change Section 4 D "June 1st." to "until one year from date of issuance"' Under Section 7 (10) change "within not less than ten (10) hours" to "by the close of the next business day" Section 10 (D) remove "within the Town of Queensbury,add within a 15 mile radius of the Queensbury Town Hall. RESOLUTION APPROVING LOCAL LAW NUMBER 3 OF 1985 AMENDING LOCAL LAW NUMBER 2 OF 1983 A LOCAL LAW TO REGULATE TRANSIENT MERCHANTS, SOLICITORS, AND TRANSIENT MERCHANTS AND/OR SOLICITORS MARKETS IN THE TOWN OF QUEENSBURY, WARREN COUNY, NEW YORK RESOLUTION NO. 166, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Frances Walter: WHEREAS, the Town Board of the Town of Queensbury wishes to amend Local Law Number 2 of 1983 and WHEREAS, a public hearing duly published in accordance with the law by the Town Clerk was held on June 25, 1985 at 7:30 P.M. at the Queensbury Town Office Building at which all persons were heard both in favor of an opposed to such amendments of Local Law No. 2 of 1983, NOW, THEREFORE BE IT RESOLVED, that Local Law Number 3 of 1985 be as follows: LOCAL LAW NUMBER 3 OF 1985 AMENDING LOCAL LAW NUMBER 2 OF 1983 entitled A LOCAL LAW TO REGULATE TRANSIENT MERCHANTS, SOLICITORS, AND TRANSIENT MERCHANTS AND/OR SOLICITORS MARKETS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK SECTION 1. Change ninety (90) Days to Six (6) Months Add - or goods of any kind in the Solicitor paragraph after the word, art. Add - "Market for Transient Merchants and/or Solicitors": Any gathering, grouping, or combination of 3 or more transient merchants, and/or solicitors upon any lands, structures, or facilities within the Town of Queensbury. SECTION 2. A. Add - Except as hereinafter provided, after the words Transient Merchant. Add - a market for transient merchants and/or solicitors, after the word, operates. SECTION 3. A.2. Change fee from $200.00 to $25.00 Add-3. Market for Transient Merchants and/or Solicitors: Annual Fee $25.00 per solicitor and/or Transient Merchant - maximum fee $1,000.00 per year. B. Change three (3) months to Six (6) Months. SECTION 4. (NEW) License for the operation of Transient Merchant and/or Solicitor Market 17Q A. Application: Application for the license shall be made in writing to the Town Board. The application shall specify the name, and residence address of the applicant, the location of the proposed market, a description of the land to be included in the market, and the details and specifications of the location of the vendors within the market, provisions for vehicular traffic access, circulation, and parking, and such other information as to enable the Town Board to make their review in accordance with the general requirements hereinafter set forth. B. Hearing: A hearing on the application shall be held not less than 14 days nor more than 60 days from the date of the receipt of the application by the Town Board. Notice of the hearing shall be given to the applicant and owners of property within 500 feet of said applicant by regular mail, to the address given in the application and shall be published once in the newspaper having a circulation within the Town which publication shall not be less than seven days before the date of the hearing. At the time and place set for hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for the license. If application is rejected, fee will be refunded less advertising cost. C. General Requirements: At the hearing, the Town Board, shall consider the following factors prior to the issuance or denial of a license: 1. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, dividers and traffic controls. 2. Location, arrangement, appearance and sufficiency of of-street parking and loading. 3. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience. 4. Adequacy of water supply and sewage disposal facilities. 5. Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant and adjoining lands including the maximum retention of existing vegetation. D. Grant and Denial of Application: After a hearing, the Town Board shall, within two weeks, make a finding as to whether or not the application should be granted, giving notice, of its finding to the applicant by mail, to the address given on the application. Conditional approval may be granted setting forth reasonable requirements. If approved, the license shall be forthwith issued to remain in effect until one year from the date of issuance. Approval shall be personal to the applicant and not assignable. License shall be renewed thereafter upon payment of the annual license fee without hearing, provided all provisions of this local law are complied with during the license period. The Old Section 4 becomes Section 5 with the addition of the title: Market for Transient Merchants and/or Solicitors The old Section 5 becomes Section 6 a The old Section 6 becomes Section 7 A. Add the title: Transient Merchant and/or Solicitors Markets Add: 10. The owner, proprietor or manager ce£ any outdoor or indoor place shall report to the Town i' :.�.rk by the close of the next business day, after ren: ng such place, the name of any person who has rented said outdoor or indoor space for use as a transient merchant or solicitor. t The old Section 7 becomes Section 8 The old Section 8 becomes Section 9 (NEW) Section 10 Exemptions. This Local Law is not intended to apply to: a) The sale of farm produce as defined and excepted in Section 81 of the General Municipal Law by the producer thereof, or his or her employees; b) The casual sale of goods during public parades and similar public activities; c) Persons soliciting, collecting or selling goods on behalf of any bona-fide not-for-profit corporation having offices within a 15 mile radius of the Queensbury Town Hall; d) The casual sale of goods during a flea market sponsored by any bona-fide not-for-profit corporation within a 15 mile radius of the Queensbury Town Hall Section 11 Exceptions for Transient Merchants and Solicitors operating in a licensed Transient Merchant and/or Solicitor Market. Notwithstanding the foregoing, a transient merchant or solicitor, operating in a duly licensed transient merchant and/or solicitor market shall not be required to pay the fees set forth in Section 2, and they shall be issued a license upon proof of compliance with Section 7 (B) 1 through 5. The old Section 9 becomes Section 12. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Dr. Eisenhart COMMUNICATIONS BIDS-FUEL OIL Opened June 18, 1985 B&B Fuels of 9 Horicon Avenue, Warrensburg, N.Y. non collusive attached Delivery at Town Office Building-Court/Highway, Water Dept. and Pine View .8471 Court/Highway Diesel, Landfill Diesel .8971 Landfill Kerosene 1.0271 Mabb Oil Hudson Falls, N.Y. Non collusive attached delivery at Water Dept. Pine View and Court/Highway Bldg. .8433 Town Office Building .8533 Court Highway Bldg. .8433 Diesel Landfill Diesel .8533 Landfill Kerosene 1.219 Brian Meurs Glens Falls, N.Y. Non collusive attached Water Dept. .8589 Pine View, Town Office and Court/Highway .8689 Court/Highway Diesel .8589 Landfill Diesel .8789 Landfill Kerosene 1.0010 RESOLUTION TO ACCEPT BIDS RESOLUTION NO. 167, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury did request that we advertise for bids for fuel oil, and WHEREAS, three bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Donald A. Chase, and WHEREAS, three bids were turned over to Mr. A. Peter Brault, Building and Grounds Supt. for his recommendation, and WHEREAS, Mr. Brault, by letter gave his recommendation as follows: Mabb Oil Hudson Falls, N.Y. Water Dept. .8433 Maint. Bldg. .8433 PineView Cemetery .8433 Wtr. Filtr. Plant .8433 Court/Highway D. .8433 Court/Highway Htg. .8433 Landfill Diesel .8533 B&B Fuels Tn. Office .8471 Warrensburg, N.Y. Brian Meurs Inc. Glens Falls, N.Y Landfill Kerosene 1.0010 NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the recommendation of Mr. Breault as mentioned above and be it further RESOLVED, that the financing for such materials is included in the 1985 Town Budget. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Dr. Eisenhart Ltr.-D.O.T. On file re: The Town will receive CHIPS Funds during 1985 $84,876.00 Discussion held-on Chips funding. . .noting that Quaker Road is in need of repair. . . Supervisor Walter-I have sent to the Board information regarding a Local Law to regulate the use of ATV's. . .calls regading ATV increasing. . .noted that the Mayor has had a man on the Water Shed area warning the ATV's they are on private property, 40 people were warned in a four day period. . .other sections of Town around Ridge Road, Bay Road, Twicwood, Wincrest Drive are having a problem with ATV'S. . .also noted an increase in vandalism in these area. . .asked that the Board study the issue. . . -Received a letter from the law firm of Caffrey, Pontiff, Stewart Rhodes and Judge, regarding the fee paid for a building permit by the Cerebral Palsy Center $1,000.00, requested that part or all of the fee be returned. . .No action taken at this time. . . RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 168, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that Audit of Bills as appears on Abstract No. 85-6D and numbered 1176-1177 and totaling $3,484.75 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None � k Absent: Dr. Eisenhart On motion the meeting was adjourned. RESPECTFULLY SUBMITTED, Donald A. Chase, Town Clerk