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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 X82 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