1985-07-23 179
TOWN BOARD MEETING
JULY 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
Mr. Wilson Mathias-Town Counsel
! PLEDGE OF ALLEGIANCE LED BY SUPERVISOR WALTER
PRESS: G.F. Post Star
L GUESTS: Mr. Mike O'Connor, Mr. Turnbull, Mr. Mackey
TOWN OFFICIALS: Mr. Rick Missita
7:46 P.M. MEETING OPENED
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO. 176, Introduced by Dr. Charles Eisenhart who moved for its
adoption, seconded by Mr. Daniel Morrell:
WHEREAS, the Town Board Minutes of July 9, 1985 be and hereby are approved.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
(Discussion held regarding acceptance of Highways)
Supervisor Walter- requested that an amendment be made to the proposed resolution
of acceptance of White Pine Road, Willow Road and Sugar Pine Roads that the
Supervisor enter into an agreement for an easement for Drainage on Sugar Pine
Road and Sycamore Drive..agreed to by the entire Town Board... Town Counsel
noted that in the past there has been no formal acceptance of easements for
drainage... `
with an easement that will be recorded. This will notify the adjoining landowners
that they cannot build anything permanent on the easement. Supervisor Walter-The
Town is putting together a procedural paper so developers know exactly what the
Town will require, we will be looking for easements well before we get to the point
of accepting roads....Mr. Chase do you have a letter on file from Mr. Flaherty
regarding these roads? Mr. Chase, yes... Councilman Eisenhart- Questioned the
surfacing of the new roads...Mr. Missita, Deputy Highway Supt.-that is oil and stone...
Supervisor Walter-Questioned how the roads are measured? Mr. Missita-From the
intersection radius to the next intersection including radius, that is standard.
Councilman Eisenhart- Questioned the condition of the shoulders of the roads...noted
loose stones...Mr. Missita-The individual who is placing the roads has been notified
of the problem and will be in to correct it...noted some of the problem was created
by trail bikes...
RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES
FOR TOWN HIGHWAYS TO BE KNOWN AS SUGAR PINE ROAD, WHITE PINE
ROAD,(additional) AND WILLOW ROAD, (additional)
RESOLUTION NO. 177, Introduced by Mr. Daniel Olson who moved for its adoption,
seconded by Mr. Daniel Morrell:
WHEREAS, Michael G. Woodbury and Ralph B. Woodbury have executed and offered
a deed for Town Roadways not less than fifty (50) feet in width and an easement
for drainage purposes which are more particularly described in schedule "A" and
"B" annexed hereto and made a part hereof, and
180
WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury,
has advised that he had made the necessary inspection of the right of way clearing,
sub-base preparation, drainage implementation, and surface treatment and finds
that such work has been performed in accordance with the standards and
requirements of the Town of Queensbury, and he recommends that this Board accept
this land for highway purposes into the Town Highway System, and
WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury,
has advised that he had made the necessary inspection of Water Line Installation
in the proposed highways which are located within the geographical boundaries
of the Queensbury Consolidated Water District and finds that said installation has
been made in accordance with the standards and requirements of the Town of
Queensbury and that he recommends that this Board accept this land insofar as 1
the water installation is concerned, and
WHEREAS, the title to the land proposed to be conveyed has been approved by
Wilson S. Mathias Esq., Counsel to the Board,
NOW, THEREFORE BE IT
RESOLVED, that the Town Supervisor is hereby authorized to execute the aforesaid
drainage easement agreement, and be it further,
RESOLVED, that the aforementioned deed be and the same is hereby accepted
and approved and that the Town Clerk be hereby authorized and directed to cause
said deed to be recorded in the Warren County Clerk's Office after which said deed
shall be properly filed and maintained in the Office of the Town Clerk of the Town
of Queensbury, and be it further
RESOLVED, that these new roads, be hereby added to the official inventory of
Town Highways, to be described as follows:
Road No. 410 Description: North/South Name: Sugar Pine Road, Mileage .35
feet:1899.3
Road No. 406 Description: East/West Name: White Pine Road, Mileage .06Feet:
367.0
Road No. 407 Description: North/South Name: Willow Road Mileage: .27 feet:
1457.0
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Walter
Noes: Mrs. Monahan
Absent:N one
(Schedule A & B on file)
COUNCILMAN MONAHAN-I will explain my (no). The information was in my box
yesterday afternoon, I got a phone call this afternoon, I think my feelings about
these hurried up inspections that the developers are asking the Town Board to do
is well known.
RESOLUTION TO REAPPOINT-CEMETERY COMMISSION
RESOLUTION NO. 178, Introduced by Mrs. Betty Monahan who moved for its
adoption, seconded by Mr. Daniel Olson:
WHEREAS, the term of Sylvia Dougher of the Cemetery Commission expired June
30, 1985, and
WHEREAS, the Town Board of the Town of Queensbury desires to reappoint Mrs.
Dougher to the Cemetery Commission,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints
Sylvia Dougher of Queensbury to the Cemetery Commission effective July 1, 1985
for a term of three years through June 30, 1988.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
COMMUNICATIONS
-Ltr. North Queensbury Volunteer Fire Company Inc. revised list of officers...on
file...
-PETITION- on file- 25 Signatures-"This is a petition against property on Columbia
Street, used by Wayne Mechanick for junk cars and parts which is a discomfort
to surrounding neighbors, which to our knowledge is in violation of the Town of
Queensbury, and we feel if it is not stopped will only get worse."
SUPERVISOR WALTER-Mr. Mechanick was sited by the Building and Zoning Dept.
on July 19th that he is in violation of the zoning ordinance Auto Repair, Service,
Storage of Junk Vehicles is not permitted in a residential zone and he is in violation
of Article 4 Section 4, Article 2 Section 2 and Local Law No. 4 and he has until
the 28th of July to comply...Also sited for illegal deposits of brush and stumps
in violation of Ordinance No. 8, he has until July 28th to comply...If he does not
comply by this date he is then issued an appearance ticket to appear in front of
the Judge.
TOWN CLERK-Mrs. Walter, the 30 day referendum period will be up July 25th
on the Clendon Brook Water Dist. if no petition is received I will file a no referendum
certificate with Audit and Control and the County Clerk...we should then here
from Audit and Control after the no referendum certificate and the final order
is filed...
-Ltr. Mr. Bodenweiser- request attendance at an LP Gas Seminar at
ACC...registration fee of 25.00 dollars...Held by the Dept. of State...
RESOLUTION TO ATTEND SEMINAR
RESOLUTION NO. 179, Introduced by Dr. Charles Eisenhart who moved for its
adoption, seconded by Mr. Daniel Morrell:
RESOLVED, that permission is hereby granted to Mr. N. W. Bodenweiser, Fire
Marshal to attend a one day Seminar on LP Gas. Sponsored by the Department
of State on August 8, 1985 at ACC College 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
DISCUSSION HELD
Mr. Mike O'Connor, Attorney-Representing Daniel & George Drellos-Petition the
Town Board to rezone 40 acres of land on the north side of Luzerne Road, South
of Sherman Avenue, West of the Northway...(Showed rendering of the site) Rezone
from L-lA to a new classification of L-IAMH which would allow a permitted use
a mobile home court in this area...gave suggestion of the minimum requirements
of a mobile home court, size of lots and roads, buffer zones etc., the Town Board
will have review over this project under a seperate application...Noted that an
appraisal of the property has been done by Mr. Harwood Beaty who indicated that
in his opinion the best use of the property would be a mobile home court...The Town
Planning Board on a Variance application, noted that this property was suited for
• mobile home court...Noted that the adjoining property may consider also requesting
• zoning change, this will be known by next week and if they desire an amendment
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will be made to this application before it goes to the County or Town Planning
Board...COUNCILMAN MORRELL-Regarding the mobile home court, will the septic
systems be single or clusters? Mr. O'Connor (using map) showed the septic systems,
some being utilized by 5 sites others 3 and 4 sites...COUNCILMAN MONAHAN-How
many lots are being considered? Mr. O'Connor-approximately 80 - 84...
SUPERVISOR WALTER-This will be referred to the Town Planning Board for their
recommendation to the Board...
MR. O'CONNOR-Requested that due to time constraints that the application for
rezoning be sent first to the County Planning Board...
SUPERVISOR WALTER-We will refer this to the County but they may not wish
to act before the Town Planning Board...
MR. O'CONNOR-Asked for an intrepretation from Counsel if an Environmental
Impact Statement is necessary...
I
(Discussion on ATV)
SUPERVISOR WALTER-Noted that the Town has reviewed other communities laws
and as recently as this afternoon have checked with the State on the status of New
York State Law regarding ATV's (The Governor has not yet signed the legislation)
the proposed state law states that they must be insured, registered and under the
jurisdiction of the Motor Vehicle Dept....the Board has in front of it a proposed
local law that is similiar to the one passed in the Town of Moreau...The DA in Warren
County felt that State of New York Law possibly could solve our problem and the
Sheriff's Dept. felt a local law could give their Dept. more teeth to handle particular
situations. The original began in a small area and is now throughtout the Town...it
is a problem, we are looking for some kind of legislation that will be enforced and
solve the problem. Councilman Eisenhart-Questioned if an age restriction should
be added to the proposed local law....in discussion it was noted that if the State
passes its law there are provision regarding age and safety courses...SUPERVISOR
WALTER-noted that there have been serious vandalism problems by those using
ATV's ....Requested input from the Public...Supervisor Walter, Summarized the
proposed Local Law...
UNKNOWN-You said ATVs, does this include all motorized vehicles?
SUPERVISOR WALTER-"Off Road Recreation all Vehicles, unenclosed limited
use motor vehicle having a seat or saddle for the use of the rider and designed
to travel with two, three or four wheels in contact with the ground, excluding a
tractor whether known as a motorcycle, all terrain vehicle, mini-bike, trail bike
or by any other name, whether or not said vehicles are in fact registered for
operation on the public highways."
COUNCILMAN MONAHAN-How are you going to define loud, unnecessary or unusual
noise? What is loud to me, may not be to someone else...
TOWN COUNSEL-...That is a subjective standard, that would be a difficult aspect
of the law to enforce...
COUNCILMAN MONAHAN-..It leads to contempt of the law when you start putting
in sections that cannot be enforced...
COUNCILMAN EISENHART-I think that should be left in there even if it is
subjective.
UNKNOWN-Corinth Road—noted loud noise, speeding and foul language used from
users of ATV's...request that some kind of law be established...
UNKNOWN-Regarding the noise, suggested that there be something in the Local
Law that it is illegal to drive a motorized vehicle without a muffler...
COUNCILMAN EISENHART-The proposed State Laws states no one under the age
of 16 can operate an ATV or those of 10 years with safety training as prescribed
by Motor Vehicles and received an ATV safety certificate may operate a ATV as
those who are 16...
UNKNOWN-Wincrest Drive-noted that the ATV's come out of nowhere and are
a hazard...noted that elderly in the area are afraid to call the Sheriff and complain
because the youth will retaliate...
MRS. BUTLER-Aviation and Potter Road-I have had trouble with ATV's for three
years—noted the noise and dust created by the vehicles...The City did place a fence
up but it did not do any good... in favor of legislation ...
183
SUPERVISOR WALTER-We will probably have to put a couple of ATV's in the
Sheriff's Dept...like we did with snowmobiles...
ARTHUR TURNBULL-Noted years ago he came before the Board with problem
with motorcycles...in favor of legislation...
UNKNOWN- Noted that she had her cars damaged by users of ATV's...
UNKNOWN-spoke on the age of those riding on and driving ATVs...saw 7 - 4 year
olds..
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW TO
REGULATE THE OPERATION OF THE OFF-ROAD RECREATIONAL VEHICLES
RESOLUTION NO. 180, Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Mr. Daniel Olson:
WHEREAS, the Town Board of the Town of Queensbury has determined the need
for a Local Law regarding the operation of the off road recreational vehicles and
WHEREAS, the proposed local law has been prepared, and is worthy of consideration
for legislative action, NOW, THEREFORE BE IT
RESOLVED, that a public hearing be held concerning the proposed adoption of
said local law and that said public hearing be held at 7:30 P.M. in the meeting room
of the Town of Queensbury Office Building, Bay & Haviland Roads, in the Town
of Queensbury, Warren County, New York on the 13th day of August, 1985 at which
time all persons interested in the subject thereof will be heard, and be it further
RESOLVED, that the Town Clerk be hereby directed and authorized to publish
and provide notice of said public hearing as may be required by law.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
COUNCILMAN MONAHAN-Questioned if local fire companies are exempt from
the local law...?
COUNCILMAN EISENHART-That is covered under this local law...
SUPERVISOR WALTER-The Gurney Lane Project will go out to bid in the middle
of August, bids to be opened in September ... The Highway Dept. will be doing some
work at Gurney Lane the second and third week of August...he will be working
at the proposed pool site... The Highway Dept. will be survacing Aviation Road
and hope to use 1285 tons of black top...from the Northway to Potter Road..
next year we hope to complete the length of Aviation Road...
Discussion held in regard to Round Pond
Town Counsel-reviewed the offer made to Mr. Russo on June 13th, was refused
by Mr. Russo's Attorney Mr. Zurlo as being unacceptable...Mr. Russo has now changed
the size of the property for sale...set price now is $975,000 for all the property
except for a one acre parcel and 50' strip of land for access to the Lake...Mr. Russo
is not interested in and statutory installment bond or any other financing for a
period of time, he wants his money in cash...The Town originally was looking at
the land for recreational purposes now an additional factor has been added, more
property than the Town was interested in, that raises some difficult legal questions.
There is no question that a Town has authority to purchase property for park purposes
or Town Buildings or for any other municipal or proper purpose. The difficulty
in this new arrangement is that the property, at least that portion fronting on Route
9 would probably be surplus property not necessary for the Town to purchase for
recreational purposes or something else. The question becomes can the Town do
that, there is no question that no municipality is authorized to speculate in land
we are restricted to very conservative investments and a purchase on Route 9 might
be a good investment, municipalities cannot speculate like that. There is a legal
question as to whether at this point we can be authorized to purchase property
that we are not going to use. Number one I must resolve that and give the Board
1®4
advice as to how to proceed. There is no question, you cannot buy it because it
is going to be valuable today and you cannot buy it because somebody else might
buy it and put something you might not like on it. Councilman Morrell-What would
happen if this was done on a referendum and was approved by the voters. Town
Counsel-I think you could do that ... you could say we could buy all of the property
and use it for recreational I think that if at some point down the line you than said
we want to sell off a portion of Rt9 you would run into some problems. Councilman
Olson-Requested Town Counsel to look into the time framework for placing this
issue on the ballot... Councilman Monahan-Requested that the Town Counsel request
the opinion of the Comptroller on this purchase...Supervisor Walter-noted the
purchase price is well over the appraisals, again according to our Attorney we are
in jeopardy of a disgruntle constitutant taking us into court for frivolous use of
Town Monies...
COUNCILMAN EISENHART-I will have a report to the Board by the end of the
Week on the Fire Company Audits...
OPEN FORUM
9:36 P.M.
Mr. Turnbull-Questioned if it was wise to spend 600,000 dollars on an existing site
when the Town is looking at another site that the money could be used to buy?
Supervisor Walter-It was the recommendation of the Recreation Commission and
the feeling of the Town Board that we need more recreation sites...it is not an
either or, the decision to go ahead with Gurney Lane has been made, it was made
last year the Recreation Commission still wishes to go ahead with it.
Mr. Steve Mackey-Adirondack Mountain Club-We were hoping that you would have
a new appraisal done on the larger parcel at Round Pond... noted that the land
could be used as a large park,..
Supervisor Walter-You have to understand when we are talking about a purchase
price of a million dollars there are demolition costs...the buildings as not suitable
for purposes of public assembly under the new N.Y. State Uniform Building Codes,
then we are looking at construction the total project price at Round Pond would
be a million and a half to two million dollars.
RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS
RESOLUTION NO. 181, Introduced by Dr. Charles Eisenhart who moved for its
adoption, seconded by Mr. Daniel Morrell:
WHEREAS, the Audit of Bills as appears on Abstract No. 85-7E and numbered 1384
and totaling $2986.00 be and hereby is`approved.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
On motion the meeting was adjourned.
Respectfully submitted,
Donald A. Chase, Town Clerk