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1985-12-10 �J lJ LJ TOWN BOARD MEETING DECEMBER 10, 1985 7:30 P.M. MEMBERS PRESENT: 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 i PRESS: G.F. Post Star, WWSC, WBZA ....1 GUESTS: Mr. Harris, Mr. Tarana, Mr. Stewart, Mr. Cutting, Mr. Singer, Mr. Hughes, Mr. nuuba, Dr. Potvin TOWN OFFICIALS: Mr. Paul Naylor PUBLIC HEARING NOTICE SHOWN 7:32 P.M. PROPOSED LOCAL LAW-ATV's SUPERVISOR WALTER-The Town Board has had workshops on this, we have revised the local law as it first appeared, the purpose of the public hearing is to get further input on the proposed local law. MR. PHIL HARRIS-I would like to recommend that the public hearings on the proposed law on ATV and the public hearing on mobile home parks licenses scheduled for tonight be postponed until the newly elected town board has an opportunity to study the proposals. The new Town Board takes office in January so we are only talking about 3 weeks. I would like to make a public request on behalf of the residents of the Town of Queensbury to Supervisor Fran Walters to resign from the office effective January 1st. SUPERVISOR WALTER- I think you are out of order Mr. Harris we are dealing 1 with a public hearing on a proposed local law, at this time I would ask _f you to contain your comments to the local law, any other comments could be made at open forum. MR. DICK CUTTING-I would like to congratulate the Supervisor and the Town Board by coming up with a workable ATV Law. . .we have read the laws of Wilton, Moreau and Lake George which are highly restricted compared to this proposed law. This is a fair law. We have a good law here and I think it should be passed the way it is written. COUNCILMAN EISENHART-Noted that this law will be effective until 1987 when the N.Y. State Law takes effect. . .I hope this will solve the problems that are prevalent in the Town. SUPERVISOR WALTER-I will keep the public hearing on ATV's Open in case anyone comes in late, and we will refer back to it after we are finished with the mobile home public hearing. COUNCILMAN MONAHAN-Noted that Section 5 (b) should read as follows:"No person shall operate an ATV between one half hour before sunset and one half hour after sunrise without displaying a headlamp and rear reflector." PUBLIC HEARING 7:51 P.M. PROPOSED LOCAL LAW MOBILE HOME PARKS NOTICE SHOWN SUPERVISOR WALTER-This proposed law will license mobile home parks in the Town of Queensbury. The law has to do with licensing, site requirements, court services and utilities, fire protection, electric power, park maintenance and operation, inspection and enforcement and the violations thereof. Asked for public input. . . 283, MR. WILLIAM SMITH-Luzerne Road-I think that there should be a regulation as to how many mobile homes can be put in a square mile area in the Town. How much tax base in the Town of Queensbury do we want to devote to something that is not going to appreciate every year? Regarding density, we should limit it to a maximum of two hundred homes in any given two square mile area. COUNCILMAN MONAHAN-Are you counting mobile home courts and mobile home single sites? MR. WILLIAM SMITH-In Mobile Home Parks. I do not think it is fair that one area of town should receive all the mobile home parks, they should be spread out over the whole town. page 4 C 1. you are asking for 100' set back from any boundary that adjoins a town road, I think that should be greater than that, 200' , and not only from any town road or public right of way that should also be from a residence. I do not agree with the twenty five feet I think that should be fifty feet. . . (showed copy of ordinance from Easton, N.Y. on mobile home parks. . .copy placed on file)also there should be a common recreation area constituting 25% of the total area devoted to mobile home located in the park. Inside the park, the mobile home has no given distance from the lot lines, something should be put in the local law about that. . . I do not believe that there are any regulations on accessory buildings on the lot, I believe that should be limited to one. . .I also feel that if any provisions are going to be waived for anybody a public hearing should be held on that. . . TOWN COUNSEL-As to the aspect of density and construction requirements I do not think that the Town Board can enforce a provision on mobile home courts to meet those requirements. MR. WILLIAM SMITH-Regarding the storage of accessory vehicles page 4 3b. there should be added commercial vehicles. . MR. JIM HORWITZ-Attorney-representing owner of mobile home park in Queensbury. . . It is my understanding now that it is not the intent of this board to push out the people who have less than adequate acreage and presently have mobile home parks. . .I did not see any language in here that addresses uses, what does it intend to requlate in presently owned parks which are not in compliance with the regulations? SUPERVISOR WALTER-You are right there is no section that denotes what parts will be enforced for existing mobile home parks. . .that will have to be clarified before it is adopted. MR. JIM HORWITZ-You cannot enlarge a nonconforming use. . . requested that Town Counsel draft the standards for waivers. . .it is important that they know the standards in which they will be judged. TOWN COUNSEL-We need to clarify what provisions of this ordinance are going to apply to existing parks and which are not. . .density, set backs I do not think could be enforced but others like garbage collection, fencing furnishing copies of rules and regulations could. . . MR. GEORGE KUROSAKA-Speaking as a former member of the sign committee. . .noted that the Town had a big problem with signs, what do you do with existing signs. . . .questioned if not conforming action could be taken that they must conform after a certain set time, five or ten years. . .? TOWN COUNSEL-I am not sure that you can do that. . . . MR. GEORGE KUROSAKA-noted that a variance procedure should be set up. . . MR. WILLIAM SMITH-Noted that in the Town of Easton's Ordinance a mobile home park has five years to come into conformity with Section 5-6 and 10. . .this has been in effect since 1968. MR. GLEN GREGORY-Luzerne Road- page 3 Application Fee of $500.00 is this annually? SUPERVISOR WALTER-It is one time. . . MR. GLEN GREGORY-Mobile Home License $10.00 per site. . .I think that is L� high along with taxes, the people that will pay for this is the people that rent the lots. . .Section 3 Site Requirements. I have five acres of land this would put me out of business to require ten acres. . .I do agree with a large lot size. . .page 4 1. I would say if the home itself is within twenty-five feet most people could live with that. . .page 4 d.l. questioned 50' width. . .in most parks that roads are private, I do not see why they should be 50' . . . COUNCILMAN OLSON-This was to lessen congestion unto a public highway. . . MR. GLEN GREGORY-page 4 d.3. Vehicle Storage-Noted that he knew of no other laws in other subdivisions for storage. . . page 5 h. 1. tie-downs are not necessary in this area. . .as long as I have been in this area a mobile home has never been blown over, it is an added expense to the .� park and mobile home owner. . .page 6 number 3 Regarding lights. . .The Town highways don't even have this. . . COUNCILMAN MONAHAN-Noted that she had gotten complaints that the streets are narrow and the residents do not feel it is safe for the children who come home on the activity bus to walk the streets without lighting. . . MR. GLEN GREGORY-I am not against lighting why are they enforcing rules for individual when the Town Highways are not all lighted yet. . . COUNCILMAN MONAHAN-It is a different situation with congestion in a given area. . . MR. GLEN GREGORY-page 6 Section 4 1. there is one park in the Town that there is no way he will have public water. . . COUNCILMAN EISENHART-We have changed that to common supply. .. MR. GLEN GREGORY-page 8 Are you saying that every mobile home going into a park must be 1974 or newer? I do not see why older trailer just because they have a year on them should be banned. SUPERVISOR WALTER-noted that this is presently in our existing ordinance for mobile homes on private lots. . . MR. GLEN GREGORY-As of yet I do not have a mobile home park but if these rules stand as they are now the cost will prohibit it. . . MR. GEORGE KOUBA-I own a small mobile home park-primarily senior citizens are in the park-To what extent will grandfather rights be applied? SUPERVISOR WALTER-Will be defining what parts of the local law will apply to existing mobile home parks. . . MR. GEORGE KOUBA-Noted that each year we are inspected and licensed by the State Dept. of Health. . .I do not see what else the Town would require?Noted that his park could not meet the set back requirements. . .there is a need for grandfathering. . .will this be defined or will there be waivers for each park? SUPERVISOR WALTER-It is the consensus of the Board and Attorney to use what would be the most enforceable. . . MR. GEORGE KOUBA-I would be against an ordinance that would destroy my investment. Noted that the local law lists the building inspector as the person to denote violations, that leaves a lot to be desired, a building inspector could have an axe to grind with one person or another. . . COUNCILMAN MONAHAN-You will note that the Town Board is also brought into this not just the building inspector. . .the building inspector does not have full authority. MR. KOUBA-You shouldn't have waivers, you should have blanket grandfathering. Noted the items that he could not comply with 1. The minimum area 2. can't meet the side setback 3. I do not have underground wiring. . . 4. A septic system approved by a sanitary engineer, I have separate systems for each mobile home . .there are a lot of things I cannot comply with. . .I am against this law as it now stands unless grandfathering is specific. 285 You talk about 10.00 per site we are already in my property assessment I am not only assessed as business property but I am also assessed additionally per site now you are going to put an extra ten dollars per site on that, that is not fair. Are preexisting parks which are licensed yearly are you telling me that I have to buy a $500.00 application fee? SUPERVISOR WALTER- I think that for the first time when a mobile home park comes in and wishes to be licensed they have to pay an application fee. . . MR. KOUBA- I am licensed and have been for ten years. , the park for twenty years prior to that. . . I COUNCILMAN OLSON-The ten dollars covers the costs of the building dept. to inspect you park not just on a once a year basis he will make a file up, check the mobile homes and a count on them. . . MR. KOUBA-My main question is that I being a licensed park must apply now for a license with a $500.00 fee? I am already licensed. . .this should be an application fee for new parks. . . MR. RON M0NTESI-18 Meadow Drive-Is the intent of the new local law to make the existing parks better in terms of ascetics and make them better neighbors is that one of the intentions of this ordinance? Waivers or grandfathering would make a shambles of what you want to do. . .What areas are zoned for mobile trailer parks? SUPERVISOR WALTER-The intent was to regulate new mobile home parks that would be located in the Town of Queensbury and with a secondary purpose of improving the mobile home parks that already exist. COUNCILMAN MONAHAN-It was definitely to encourage existing mobile home parks to upgrade themselves. COUNCILMAN MORRELL-You are not encouraging them with this you are forcing them. . . SUPERVISOR WALTER-The second part of your question Mr. Montesi, "where are they zoned" currently mobile homes can appear anywhere in the Town of Queensbury if them are approved by the Town Board, a second part of our addressing the mobile homes this year was to indicate where they would be located, the Planning Board has been working on what areas in the Town may allow mobile homes, they have not recommended to the Board yet the areas they wish us to consider. MR. JOHN HUGHES-375 Bay Road-Regarding the application fee, is that your intention to have that fee on an annual basis? SUPERVISOR WALTER-No. MR. JOHN HUGHES-As far as the $10.00 per site on the license other than the building inspector coming around once a year to check things, what else are we getting for the $10.00. SUPERVISOR WALTER-the ability to locate you mobile home park and collect income in the Town, it is like a business license. MR. JOHN HUGHES-What other businesses in the town have to have a license other than a junk yard? SUPERVISOR WALTER-Right now, none. . .there has been considerable conversation that businesses will have to be licensed in the Town of Queensbury. COUNCILMAN MORRELL-Lake George has businesses licenses which they pay ten dollars once a year. MR. JOHN HUGHES-If we are going to have licenses in the Town that you could live at the $1.00 per site until you get everybody on a licenses basis, and share the expense more equally. . . COUNCILMAN MONAHAN-We are going to be changing the fee structure of the Town of Queensbury and the general taxpayers that are not involved are 2,86 paying the expenses of the Building Dept. and things that pertain to the growth of the Town. They pick up legal fees, engineer fees, I think we will have to sit down and take a hard look at what is being borne by the person that is causing the expense to the town. Some mobile home parks will not require a lot of work on them, there are others that are trouble parks, the ten dollars will compensate the building dept. for time they will have to put in. . . MR. JOHN HUGHES-In all fairness to the people that are not having any problems that the guy that has to be inspected very often that he should be charged on an inspection basis, I do not feel that I should help pay for somebody else's problems, this is what we are doing here. Page 4. Regarding Auxiliary Vehicle Storage should put in there no vehicle could be parked for more than 36 hours or 48 hours. . .allow residents to ready ._! a vehicle to a trip etc. . . Page 5. c. change the four feet to 32 feet . . .I do not think you should specify to 65 feet we should change that to adequate length to accommodate the home. COUNCILMAN OLSON-Or equal the length of the home. . . MR. JOHN HUGHES-Page 7 Section 5 a. 1. there could be a small problem with this section, if you have all the facilities to accommodate a unit and you only have a few left people do not want that particular site but a site that is being prepared rather than lose them it would be nice to put them there for a limited time and move them to the site they wanted. . . MR. MIKE O'CONN0R-Attorney for an interested builder of a mobile home park. . .I would suggest that you have one grandfather clause that exempts all preexisting parks from the construction requirements of the local law. . .also add that no one would be allowed to make a nonconforming park any further nonconforming. . .put in a provision for new parks that the Town Board could grant variances to any aspect of this that they felt appropriate. I think you should add some language to your fees, where you have the application fee of $500.00 you might put additional application fee, you might consider further if you have that for preexisting or just for new parks. Regarding Setbacks, we need to change the language that we are talking about set backs from the lots not the units. . .a step further would be set backs on the lots in a new provision. . .Page 6 I. 1. increase the number of days for skirting to be done. . . noted that some are not `- done for 120 days to allow for settling. . . Page 6 Section 4 a. 1. I understand that you have changed that to common water system. . .if you do go to common I think you then have to look at the requirements for hydrants, I do not think you can have hydrants on a well system. MR. JOHN HUGHES-Regarding Park Access-2 exits to existing public streets, in most cases it is hard to do that, I would like to see that changed to where if it is possible we could have emergency exit then you can control the traffic in and out of the park. . .In my case to get the second permit from the State, it was hard enough to get the first one let along trying to get two of them. SUPERVISOR WALTER-You are talking about an emergency exit, an accessible road that would be gated.. . COUNCILMAN MONAHAN-If that was to be done you would have to have someone on site 24 hours per day to open the emergency gate. . . MR. JOHN HUGHES-You would pad lock it, in emergency a fire company carried bolt cutters to open that. . . SUPERVISOR WALTER-I do have comments from Mr. Jack Slopey 1. We already have to pay a $1.00 per lot for permits to operate in the Town of Queensbury but we also pay school and county taxes, the fees you recommend is too much money. 2. Soil considerations should be made for planing of mobile homes 3. Does this completely apply to new and existing parks?. . . and indicates that Forest Park was built to State and Town ordinances at the time it was constructed. . . Page 7 Section 5 Under Restrictions of Occupancy he indicated that State Law says we must offer one year lease to tenants or month to month. . . .Page 5 H.1 not practical Page 5 f. Mr. Slopey says why not. . .display and sale of mobile homes in park. . . MR. BILL POTVIN-One of the owners of a local mobile home park- Page 3 L aJ on fees, I agree with the gentlemen that talked before me. . .page 4 Auxiliary Vehicle Storage our park we would not have a place to put the stored vehicles, besides that the security problem would be tremendous, you would have to have a security guard 24 hours a day. (presented the board with his park rules) In my park rules a minimum of 2 autos be allowed and parking shall be only in the driveways. . .no vehicles, boats, trailers, etc. . be parked on the lawn. . .extra vehicles would have to be parked at another location not in the park. . . .Page 5 Mobile Home Sites you will have to take another look at that. . .in regard to skirting, that should also be changed, I agree with Mr. O'Connor. . .Regarding Fire Hydrants, are you talking new parks or old parks? SUPERVISOR WALTER-We were looking at that area under new parks. . . MR. BILL POTVIN-I would suggest that the local owners of mobile home parks be invited to a workshop on this if you have one. SUPERVISOR WALTER-Asked for further comments. . .Hearing none the public hearing will be continued on Thursday December 19th at 7:00 P.M. Asked Counsel to note the language changes in the proposed Local Law. TOWN COUNSEL-Page 2 b. 2. (add) Unless mutually extended. . . 3. change five days to Seven days written notifications. . . c. Renewal of License. Licenses would be renewed annually on an August 1st. basis. . .there would be a prorated fee to August 1st. , thereafter every August 1st. the license would expire. . . The consensus from the Planning Board and Town Board was to exempt existing parks from the construction requirements, density, setbacks areas, that addresses 90% of the comments made here tonight, but not to permit any nonconforming expansion. . .any new sites would have to comply with the local law. . . .I looked at the application fee in the sense of a new applicant. . .that will be a Board decision. . . Throughout this local law the wording Town Road will be changed to Public Road. . .A set back provisions for trailers within the lot in the park the figures were 20' front yard setback, 20' side yard setback and 15' rear lot setback. . .Section 5 Mobile Home Sale area, there was a consensus of the Board to eliminate the second sentence. SUPERVISOR WALTER-The idea behind that change was that mobile home parks will probably be in residential areas and if you sold mobile homes in the parks you should be in a commercial area. MR. O'CONNOR-My clients would object to eliminating the possibility of have mobile home sales incidental to the park, it should be no different than display units on individual lots. . . COUNCILMAN EISENHART-Noted that this was brought up to prevent those park owners from exempting only those that purchased mobile homes from them from renting in their park. . . COUNCILMAN MONAHAN-Noted that we have subdivision owners that are doing the same thing, you don't buy the lot unless you buy the building from me. . .Mr. O'Connor, your clients want to sell mobile homes mainly to go within their own parks or mainly to be taken off the park? MR. O'CONNOR-To go in their own park, incidental to the operation of the park. . . SUPERVISOR WALTER-Some of the arguments were that if people wishes to live in a mobile home park as a way of living any kind of commercial sales will attract people and traffic and should they be subjected to that? MR. O'CONNOR-I think it is a point of supply and demand, if the residents are not happy with the conditions they will move. . . COUNCILMAN OLSON-I do not have any problems with the sale of model mobile homes at a park. TOWN COUNSEL-Reviewed other changes. . .page 6 add Common Source to Section 4. a.l. COUNCILMAN EISENHART-Regarding skirtings, we said they could use standard foundation materials instead of what was specified. . . . MR. JOHN HUGHES-Have you done anything with the tie downs? TOWN COUNSEL-I think the consensus was to eliminate that. . .noted a section will be added regarding the Town Ordinance on Mobile Homes and Mobile Home Parks. . . SUPERVISOR WALTER-Any comments can be made in writing to the Town Board before the 19th and will be discussed at the continuation of the public hearing at that time. . . PUBLIC HEARING ATV- REOPENED MR. SINGER-Asked if any language changes had been made on the proposed local law. . . COUNCILMAN MONAHAN-Only a clarification Section 5 b. No person shall operate an ATV between one half hour before sunset and one half hour after sunrise without displaying a headlamp and rear reflector. MR. SINGER-Thanked the Town Board on their efforts in preparing this local law. COUNCILMAN OLSON-Thanked Mr. Cutting and Mr. Singer for the information that they gave to the Board. SUPERVISOR WALTER- Asked for further information. . .Public Hearing closed. . . 10:02 A.M. RESOLUTIONS RESOLUTION TO APPROVE TOWN BOARD MINUTES RESOLUTION NO. 273, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that the Town Board Minutes of November 26th and December 5th 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 Resolution 268, tabled from December 5th regarding the name change of a portion of Fernwood Road to Elm Drive. . .Councilman Monahan, noted that she had spoken with residents of this area and checked the 1970 map of the Glen Lake Association which denotes the street as being Elm Drive. . .we seem to be missing a street sign. . .questioned the wording in the Resolution regarding the description of Fernwood Drive. . . .requested that the resolution be turned back to the Highway Dept. for further investigation. . . RESOLUTION TO TABLE RESOLUTION 274, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Dr. Charles Eisenhart: ._.+ RESOLVED, that Resolution No. 268 of 1985 entitled "RESOLUTION AUTHORIZING CHANGE OF STREET NAME OF PORTION OF FERNWOOD ROAD TO ELM DRIVE" be tabled for further investigation. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION TO AUTHORIZE CONTRACT WITH GLENS FALLS SENIOR CITIZENS CENTER, INC. RESOLUTION N0. 275, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town of Queensbury has heretofore contracted with the Glens Falls Senior Citizens Center, Inc. to provide for services for the elderly, and r WHEREAS, New York State Aid is available for the establishment, maintenance and expansion of Senior Citizens Programs, which aid was expanded by the provision of Chapter 1001 of the laws of New York, 1974, providing - among other things that State Aid will be available for approved expenditures for a municipal program, and WHEREAS, the Town of Queensbury desires to continue its support of the Glens Falls Senior Citizens Center, Inc. under provisions of law so as to be eligible for State Aid as a cosponsoring municipality, NOW, THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is empowered to contract with the Glens Falls Senior Citizens Center, Inc. for the furnishing of services to the elderly residents of the Town of Queensbury for the year 1986 and the payment of $5,500.00 therefore be approved, and the Supervisor is directed to execute the contract on behalf of the Town and a copy of such contract, duly executed shall be filed with the Town Clerk. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter I Noes: None Absent:None RESOLUTION AUTHORIZING THE ISSUANCE OF $26,300.00 IN SERIAL BONDS OF THE TOWN OF QUEENSBURY, COUNTY OF WARREN, STATE OF NEW YORK ON BEHALF OF AND FOR THE MOUNTAINVIEW WATER DISTRICT IN THE TOWN OF QUEENSBURY TO PAY THE COSTS OF THE CONSTRUCTION OF THE IMPROVEMENTS FOR SAID WATER DISTRICT RESOLUTION NO. 276, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Dr. Charles Eisenhart: RESOLVED, by the Town Board of the Town of Queensbury, acting on behalf of and for the Mountainview Water District in the Town of Queensbury, Warren County, New York, as follows: SECTION 1. The improvements proposed for the Mountainview Water District consisting of the construction of a water system to serve said district including original furnishings, equipment, machinery or apparatus required in connection therewith, and also including the acqu4_sition of land and rights in land required in connection therewith, all as more fully described in the map, plan and report prepared in connection therewith, is hereby authorized and the specific object or purpose to be financed pursuant to this resolution is the payment of the costs of said improvement as above described. SECTION 2. The maximum estimated cost of the aforesaid specific object or purpose is $26,300.00 and the plan for the financing thereof is by the issuance of $26,300.00 in serial bonds of said Town of Queensbury maturing in annual installments over a period not exceeding thirty (30) years, which serial bonds are hereby authorized to be issued pursuant to the Local Finance Law. Such bonds are to be payable form amounts which shall annually be levied upon the several lots and parcels of land l�o in the Mountainview Water District which the Town Board has determined and specified to be especially benefited thereby; but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes, without limitation as to the rate or amount, sufficient to pay the principal of and interest on said bonds as the same become due and payable and the faith and credit of the Town of Queensbury, Warren County, New York, are hereby pledged for the payment of said bonds and the interest thereon. The serial bonds issued will not have a maturity date beyond thirty (30) years. SECTION 3. It is hereby determined that the period of probable usefulness i of the aforesaid specific object or purpose is forty (40) years, pursuant to Subdivision one of paragraph A of Section 11.00 of the Local Finance Law. SECTION 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and the sale of the serial bonds herein authorized, including renewal notes, is hereby delegated to the Supervisor of the Town of Queensbury, the Chief Fiscal Officer. Such note shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor of the Town of Queensbury consistent with the provisions of the Local Finance Law. SECTION 5. The validity of such bonds and bond anticipation notes may be contested only if: (1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or (2) The provisions of law which should be complied with as of the date of publication of this resolution are not substantially complied with, and an action, suit or proceedings contesting such validity is commenced within twenty (20) days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions j of the Constitution. SECTION 6. This resolution, which takes effect immediately, shall be published in full in the Post Star, a newspaper of general circulation in the Town of Queensbury and which is an official newspaper of the Town of Queensbury, together with a notice of the Town Clerk substantially in the form provided in Section 81.00 of the Local Finance Law Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION DETERMINING AMOUNT OF COUNTY TAXES TO BE LEVIED ON TAXABLE REAL PROPERTY WITHIN THE TOWN OF QUEENSBURY RESOLUTION NO. 277, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Frances Walter: WHEREAS, Chapter 828 of the Laws of 1985 amended the County Law and Real Property Tax Law in relation to the levy of taxes in counties and school districts, and WHEREAS, Chapter 828 of the Laws of 1985 amended various sections of the Real Property Tax Law, including § 900 to provide that not later than the thirtieth (30th) day of November of each year, the Board of Supervisors of each county shall determine upon the basis of the full valuation of the taxable real property determined in accordance with Article 8 of the Real Property Tax Law the contribution of town to county taxes and issue a certificate to the chief fiscal officer of such town stating the total amount of taxes due the county from each town, and G� WHEREAS, Chapter 828 of the Laws of 1985 provides that not later than the 10th day of December in each year, the legislative body of each town shall determine the amount of county taxes to to levied on real property. Such determination may reflect any offset to such levy available pursuant to §1262 of the Tax Law, §112 of the Town Law and any other applicable provision of law. The amount so determined, together with the amount of any such offset to such levy, shall exactly equal the amount certified to it by the Board of Supervisors, NOW, THEREFORE BE IT _ RESOLVED, that the total liability to be contributed to the County of Warren from the Town of Queensbury is $1,593,961.12, and be it further RESOLVED, that the total amount of offsets for the town for Sales Tax Credit and Other Credits is $1,216.79, and be it further RESOLVED, that the Town Board hereby determines that the total amount of county taxes to be levied on taxable real property in the town is $1,592,744.33 and the Town Board does hereby levy the sum of $1,592,744.33 certified to by the Warren County Board of Supervisors as the amount of taxes due the county from the town offsets for the fiscal year beginning January 1, 1986, and be it further RESOLVED, that the Town Clerk is hereby directed to serve a certified copy of this resolution upon the Clerk of the Warren County Board of Supervisors on Tuesday, December 10th, 1985. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None TOWN CLERK DONALD A. CHASE-Noted that for the record the resolution would be delivered at 9:00 A.M. on the 11th due to the fact the resolution was not passed until 10:00 P.M. on the 10th. RESOLUTION AUTHORIZING SALE OF TOWN PROPERTY QUAKER ROAD TO P.C. REALTY COMPANY RESOLUTION N0. 278, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, the Town of Queensbury Cemetery Commission has advised the Town Board that certain property forming Pine View Cemetery, and more particularly described as a 220' x 450' acre parcel lying north of Quaker road and easterly of lands now or formerly of George I. Boychuk is not suitable for cemetery purposes, and WHEREAS, because of the location of said land immediately adjacent to commercial property and soil conditions requiring considerable amounts of money and materials for site preparation as a cemetery the Town Board of the Town of Queensbury finds said property to be unsuitable for cemetery purposes and therefore declares the said property to be surplus land, and WHEREAS, the Town Board has obtained in writing a real estate appraisal setting a market value on said real property and WHEREAS, on or about February 5, 1985 P.C. Realty Company offered to purchase the said property for the sum of $78,000.00, and WHEREAS, in April of 1985, and said P.C. Realty Company forwarded to the Town of Queensbury an offer in writing to purchase said real property at the aforesaid price, and WHEREAS, in June of 1985, the said P.C. Realty Company furnished the Town information regarding the use of the aforesaid property, detailing the construction of a facility to house the Passano Paints factory outlet �4 retail store and thereafter provided a schedule for construction of said facility, and WHEREAS, on or about August 6, 1985, an offer to purchase 2.2 acres of land adjacent to Mark Plaza for the sum of $85,000.00 was submitted to the Town Board by Attorney Daniel T. Smith on behalf of Orest Boychuk, NOW, THEREFORE BE IT RESOLVED, that the aforesaid cemetery property is found to be surplus lands and be it further, RESOLVED, that the Town of Queensbury conveyed the said surplus lands { to P.C. Realty Company for the sum of $78,000.00 for the following reasons: ,..% 1. Making the first offer on said property for fair and adequate consideration in excess of the appraised value of the property; 2. Specifying a use and development scheduled for the property consistent with the Town Zoning Ordinance. 3. Providing a schedule of construction deemed realistic by the Town Board which will provide a structure on said premises at the earliest time therefore increasing the real property taxes and special district taxes and revenues received by the Town of Queensbury. 4. A determination that said property will be developed and not used for future land speculation. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart Noes: Mr. Morrell, Mrs. Monahan, Mrs. Walter Absent:None DISCUSSION-Held before vote MR. ROBERT STEWART-Attorney Representing Bernard and Richard Rogge. . .I think it is a disservice to my client and the general public not to let the public know that this property was for sale to the highest bid. . . while State Law is clear that you do not have to put it out to bid you do have the obligation to sell to the highest bid that you are aware of. . .my client is willing to bid a higher amount than is proposed. . . MR. RICHARD CUNNINGHAM-President of Passano Paint-Reviewed the company as it developed in Queensbury. . .we contacted the Town on the purchase of the property, an outside consultant was brought in and state a price on the property and we agreed to that price. We have made our offer and we feel it is a good contract for the Town and we would like to see you honor that. COUNCILMAN MONAHAN-Mr. Cunningham when did you expect to have a building on that lot? MR. CUNNINGHAM-We plan to develop the plans this year and begin construction during 1987. This is not land speculation. . . J COUNCILMAN MONAHAN-With the new store would you increase the size of your selling space? MR. CUNNINGHAM-Yes. . . .we also would like an area for home and gardens supplies to compliment our paint store. . . MR. STEWART-Noted that Mr. Cunningham will have to to get a use variance for his proposal. . . COUNCILMAN MONAHAN-Mr. Rogge, what definite plans do you have for this land? MR. STEWART- Mr. Rogge, our proposal would come in the form of a sales !1^l and display center. . .prefab houses. . . MR. GLASSMAN-Attorney for Mr. Cunningham-noted both parties would have to go for a use variance. . .we have a valid contract here a valid agreement TOWN COUNSEL-There is no specific provision in Town Law or General Municipal Law that there is a procedure that the town must follow to convey property other than the fact that it has to sell property that is surplus. . .The Town had the property appraised after an inquiry was made by a representative of Passano Paint, the Town notified them of what we would sell the property f for in excess of the appraisal and they agreed. . . MR. STEWART-We thought there would come a time when it would be made public that the property was for sale and we could bid along with other people. . . TOWN COUNSEL-You can bid on the sale of property but the Town is not required to do so. . . SUPERVISOR WALTER-My concern is if you have a business that is interested in expanding in the Town is that an adequate reason for selling that the business the property as opposed to other people who are speculating if they have not laid out their plans? TOWN COUNSEL-That would ultimately be decided by a Judge. . . MR. STEWART-From the Attorney General 1975. . .the town should sell to the highest price obtainable and if it knows to someone who will pay a higher price they should sell to such person. . . .you know of two persons who will pay a higher price. TOWN COUNSEL-In determining what is in the public interest the Town Board can consider what is going to be built on property and when it is going to be built. RESOLUTION AUTHORIZING RETENTION OF ENGINEERS FOR QUAKER ROAD SEWER DISTRICT RESOLUTION N0. 279, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the Town of Queensbury has submitted for approval by the Comptroller of the State of New York an application for waste water collection system to be known as the Quaker Road Sewer District, and WHEREAS, the Town of Queensbury has complied with all applicable provisions of the town Law regarding such sewer district, and WHEREAS, the town requires engineering services fCr preliminary engineering work for the design of sewer lines, pumping systems, force main and appurtenances, and WHEREAS, Kestner Engineering, P.C. of Troy, New York has submitted a proposal for professional services, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury hereby agrees to retain the firm of Kestner Engineering, P.C. for preliminary engineering services in connection with the Quaker Road Sewer District, and it is further } RESOLVED, that the Town Supervisor is hereby authorized to execute a contract for such preliminary professional engineering services in a form approved by Town Counsel. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION TO ESTABLISH CAPITAL RESERVE FUND FOR BUILDING IMPROVEMENTS RESOLUTION NO. 280, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that pursuant to Section 6. C of the General Municipal Law, the Town Board of the Town of Queensbury does hereby establish a Capital Reserve Fund to finance the cost of building improvements as follows: 1. Capital Reserve Fund for the purpose of building improvements is hereby established. 2. The maximum amount of such Fund shall be $500,000. 3. There shall be paid into such a Capital Reserve Fund A. Such amounts as may be provided therefore by budgetary appropriation: B. Such revenues as are not otherwise appropriated or required by law to be paid into any other fund or account; 4. No expenditures shall be made from such Fund except by Resolution of the Town Board; and be it further RESOLVED, that the Fiscal Officer hereby is authorized to transfer $100,000. from A3320909 to this Capital Reserve Fund. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None COUNCILMAN MONAHAN-We are looking into enlarging this building. . .we are also looking into constructing a senior citizen center. . . RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 281, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, to transfer 95,000. from A3320909 to A2059955900 and 1,000 from A2351990440 to A1451620441. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION OF AUTHORIZATION RESOLUTION NO. 282, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, on August 27, 1953 the Department of Transportation of the State of New York, granted permission to the Town of Queensbury to install, operate and maintain Signal #13P on Route 9L, at its intersection with Sunnyside Road in the Town of Queensbury, Warren County, New York, and WHEREAS, in accord with Section 1681 (c) of the Vehicle and Traffic Law as amended effective April 1, 1986, the operation and maintenance of Signal #13P, will be the responsibility of the NYS Department of Transportation, and the Town of Queensbury will no longer be empowered to operate and maintain Signal #13P, X95 NOW, THEREFORE, the Town of Queensbury, does hereby relinquish right, title and interest in Signal #13P, to the NYS Department of Transportation effective on April 1, 1986, AND BE IT FURTHER RESOLVED, that the Supervisor of the Town of Queensbury be hereby authorized to sign an agreement with the NYS Department of Transportation relative to the amended Vehicle and Traffic Law as it applies to this signal. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION AUTHORIZING THE SUPERVISOR TO SIGN A CONTRACT WITH THE CSEA RESOLUTION N0. 283, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, AFTER NEGOTIATIONS A PROPOSED AGREEMENT OF EMPLOYMENT HAS BEEN REACHED BETWEEN THE Town of Queensbury and the Town of Queensbury and the Town of Queensbury unit of CSEA for the years 1986 and 1987; and WHEREAS, said proposed agreement has been reduced in writing a copy of which is on file in the Town Clerk's Office, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury accept the employment agreement as proposed and enter into said agreement between the Town of Queensbury the the Town of Queensbury Unit of CSEA in the form annexed hereto and be it further RESOLVED, that the Supervisor of the Town of Queensbury be and she hereby is authorized to execute said agreement on behalf of the Town of Queensbury. i �- Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None ' SUPERVISOR WALTER-the terms of the Contract, a wage increase of 6% for 1986 and 5% for 1987. . .continued sharing of the cost of health insurance, the town will contribute as the employees also contribute. . .the Town will pick up 75% of the increase which was about 14%. . .election has been deleted as a town holiday for CSEA employees a floating holiday has been added to the schedule. . .annual physicals will be given to all full time landfill employees. . .This was the first time the Town Board negotiated without outside consultants, nor did the CSEA. . .Mr. Garb is present this evening and is President of the CSEA. . .the CSEA ratified the contract last Wednesday. . . COUNCILMAN MONAHAN-I would like to commend the employees of the Town of Queensbury for their loyalty to the Town an the good ambassadors they have been to the public. . . MR. GARB-I would like to thank the Board . . . . (Supervisor Walter and Mr. Garb, signed the CSEA Contract) RESOLUTION TO APPROVE LOCAL LAW TO REGULATE THE OPERATION OF ALL TERRAIN VEHICLES WITHIN THE TOWN OF QUEENSBURY RESOLUTION NO. 284, Introduced by Mrs. Betty Monahan who moved for its adoption,seconded by Mr. Daniel Morrell: WHEREAS, the Town Board of the Town of Queensbury have received requests from residents of the Town to establish regulations for the operation of All Terrain Vehicles, and WHEREAS, a public hearing duly published in accordance with the law by the Town Clerk was held on December 10, 1985 at 7:30 P.M. at the Queensbury Town Office Building at which time all persons were heard both in favor of and opposed to said law, NOW, THEREFORE BE IT RESOLVED, that a local law entitled "A LOCAL LAW TO REGULATE THE OPERATION OF ALL TERRAIN VEHICLES WITHIN THE TOWN OF QUEENSBURY" is hereby approved and said local law becomes effective upon filing with the Secretary of State of New York. ' t Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None LOCAL LAW NUMBER 5 A LOCAL LAW TO REGULATE THE OPERATION OF ALL TERRAIN VEHICLES WITHIN THE TOWN OF QUEENSBURY SECTION 1. LEGISLATIVE INTENT. The purpose of this local law is to protect the public health, welfare and safety by establishing reasonable regulations concerning the use and control all terrain vehicles, protecting private property rights, reducing the effect on the environment of excess noise, and afford opportunity for compatible enjoyment of various recreational activities on municipal and private lands within the Town of Queensbury. SECTION 2. DEFINITIONS: As used in this local law, unless the context requires otherwise: (a) "All Terrain Vehicles" or "ATV" means: (1) Any motorcycle, or any motor vehicle not equipped in conformity for registration under §401,410,411-b or 2261 of the Vehicle and Traffic Law of the State of New York providing such vehicle does not exceed 60 inches in width or 800 pounds of dry weight; and (2) Any motor vehicle registered under Article 48-b of the Vehicle and Traffic Law and is manufactured and sold for operation primarily on off highway trails or in off highway competitions and only incidentally operated on designated public highways. (b) "Municipal Property" means real property owned, leased or used by the Town of Queensbury, any local government, or any governmental agency. SECTION 3. REGISTRATION (a) All ATV's shall be registered with the Town of Queensbury through the Town Clerk's Office. The annual fee shall be $5.00 payable to the Town of Queensbury and shall be renewable twelve (12) months from the date of previous registration. Failure to register any ATV shall result in a fine not to exceed Fifty and 00/100 ($50.00) Dollars. (b) The application for registration shall require a brief description of the ATV, including the name of the manufacturer and the factory number (serial number) of the vehicle, the name and address of the owner of the vehicle and, if the owner is a minor, the name and address of the parent(s) or legal guardians. (c) Registration of ATV's is for use "off-road" only and is not intended for registration of ATV's for use on public highways or for use on private lands. (d) Applications for registration shall include a copy of the rules and regulations governing the operation and registration of any ATV. (e) ATV registration stickers will be provided by the Town of Queensbury and shall be displayed on both sides of the ATV in a conspicuous manner. (f) The Town Clerk shall maintain a record of the registration of the ATV under the name and distinctive number assigned to the registration sticker. (g) The provisions for registration shall apply on and after February i. 1, 1986, and shall continue in effect until preempted by State Law. SECTION 4. OPERATION OF ATV'S It shall be unlawful for any person to drive or operate any ATV in the following unsafe or harassing manner: (a) Imprudent Speed. At a rate of speed greater than reasonable or proper under the surrounding circumstances. (b) Reckless Operation. In a careless, reckless or negligent manner so as to unreasonably endanger the person or property of another to cause injury or damage thereto. (c) Intoxication and drugs. While in an intoxicated condition or under the influence of narcotics or drugs as defined by Section 114-a of the Vehicle and Traffic Law. (d) On lands of another. On private property, without the consent of the owner of lessee thereof. Any person operating an ATV upon lands of another in violation of this section shall stop and identify himself upon the request of the land owner, his duly authorized representative or lessee, and, if requested to do so by said landowner, representative or lessee shall promptly remove said ATV from the premises. (e) Failure and Refusal to comply. In any place at any time failure or refusal to comply with any lawful order or direction of any police officer or other person duly empowered to enforce this local law. (f) No person shall operate an ATV within 100 feet of a dwelling between 9:00 p.m. and 6:00 a.m. at a speed greater than minimum required to maintain forward movement of the ATV. (g) No person shall operate an ATV without a registration sticker or certificate. SECTION 5. EQUIPMENT (a) No person shall operate on ATV unless it is equipped with: (1) (a) An adequate muffler system in good working condition. (b) Muffler sound standards should reflect federal standards as established in 40 Code of Federal Regulations. Part 205.166; Sub Part E. All ATV's shall be equipped with a United States forest service approved spark arrestor. Unmodified manufacturers' original equipment in good working condition shall satisfy this requirement. (b) No person shall operate an ATV between one half hour before sunset and one half hour after sunrise without displaying a headlamp and rear reflector. SECTION 6. AGE OF OPERATOR. No person under the age of sixteen years shall operate an ATV except upon the lands owned or leased by his parent or guardian, unless he is under the direct supervision of a person over eighteen years of age. SECTION 7. OPERATION OF ATV'S ON HIGHWAYS AND PUBLIC LANDS. No person shall operate an ATV on a town highway or municipal property except on those town highways or those areas of municipal property specifically designated for use by ATV's. SECTION 8. EXCEPTIONS. This local law shall not apply to police or emergency vehicles. SECTION 9. PENALTY. (a) A failure to comply with the provisions of this local law shall be deemed a violation and the violator shall be subject to a fine not exceeding one hundred dollars. (b) The parents(s) , legal guardian, or other person having custody of a person who is under the age of sixteen (16) years at the time of the violation of this local by such person under the age of sixteen (16) years, shall likewise be guilty of a violation, if after a hearing by a court of competent jurisdiction and after a determination that such violation occurred by such person under sixteen (16) years, and shall be subject to a fine not to exceed One Hundred and 00/100 ($100.00) Dollars. SECTION 10. ENFORCEMENT. The Warren County Sheriff's Department and the New York State Police shall enforce the provisions of this local law and the town may appoint such other enforcement officers as may be necessary. SECTION 11. VALIDITY. If any clause, sentence or provision of this local law shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity thereof shall not affect, impair or invalidate the remainder of this local law. SECTION 12. This local law shall take effect upon its filing with the Office of the Secretary of State. COMMUNICATIONS BID OPENING-TRANSPORTATION FOR THE ELDERLY Upstate Transit Inc. P.O. Box 190 Saratoga Springs. N.Y. 12866 $11,908.00 No Cert. of Insurance, no non collusive. . .corporate resolution attached. . . Community Workshop Inc. P.O. Box 196 Glens Falls, N.Y. 12801 $10,163.00 all required forms attached. . . RESOLUTION TO ACCEPT BID RESOLUTION NO. 28f, Introduced by Dr. Charles Eisenhart 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 the Transportation for the Elderly, and WHEREAS, two bids were submitted and received and opened at the specified time and place by the Director of Purchase/Town Clerk Donald A. Chase, The Community Workshop Inc. , bid amount $10,163.00 and UpState Transit Inc. , bid amount $11,908.00. NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Queensbury hereby accepts the bid of the Community Workshop of P.O. Box 196, Glens Falls, N.Y. in the amount of $10,163.00 and be it further RESOLVED, that the financing for such a service is included in the 1986 Town Budget. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None -Ltr. Mack Dean- Requesting permission to attend school sponsored by the N.Y. State Dept. of State-Codes Bureau. . .on file. . . RESOLUTION TO ATTEND CONFERENCE RESOLUTION NO. 286, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Frances Walter: RESOLVED, that permission is hereby granted to Mr. Mack Dean, Building and Zoning Administrator to attend the "Train the Trainer" course sponsored by the N.Y State Dept. of State under the direction of the Codes Bureau on December 11, 1985 in Delmar, N.Y. and be it further RESOLVED, that the Town Board authorizes all reasonable and necessary expenses. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None REPORTS -Town Clerk's Report-Month of November, 1985 -Building & Zoning Report-Month of November, 1985 OPEN FORUM 11:30 P.M. MR. PHILIP HARRIS-I would like to recommend, especially I know there are members of the new Town Board, that it be considered next year that the public forum be held first, I do not think it is fair to the public to have the public forum at 11:30 at night, I think that is the reason that you do not have any attendance. At your Town Board meetings at which I have heard complaints. . . SUPERVISOR WALTER-This is the longest meeting I have attended in a long time, we do not generally have public forum that begins at this hour it is generally much earlier. . . MR. PHILIP HARRIS-If they were held first it would be a lot better. I am going to make a public request in behalf of so many residents of the Town of Queensbury for Supervisor Fran Walter to resign from office effective January 1st. , for the best interests of the Town. The failure of Mrs. Walter to resign will force us to take legal steps to have her removed from office. Some of the reasons for this request are as follows: Lying to the public by saying that the town never received notice from "- D.E.C. of ground water contamination at the Queensbury/Glens Falls Landfill, but has been aware of this since 1981. 2. All through the election we heard that negotiations were going on with Salvatore Russo for the proposed Round Pond Park, but now we find that no negotiations have taken place since August even when the Town knew that the property was being advertised and other parties were interested in buying and have since purchased the property. Property in an infected hazardous run off area of the landfill has been purchased by the town without public input or notification 1`00 of residents for a public park. With Mrs. Walters resignation a new supervisor would be appointed by the Town Board until a new election is held next year. TOWN COUNSEL-Regarding Round Pond. . .we made no contact with Mr. Russo because his attorney told us only to talk with him. . .it was my opinion that the Town should not get involved in land speculation and work out combinations in which to come up with a purchase price that Mr. Russo wanted. . .I did speak with the Comptroller's office and that they stated that if the only way the Town could purchase the property was in a package deal with more property than they needed and sell portions of it they would give me an opinion in writing that, that was acceptable. . .I advised Mr. Russo's Attorney, before the election that we were still interested ....1 in purchasing the property and he indicated at that time there was no signed contract, the property was still available. I had a meeting with Mrs. Walter and a developer represented by Michael O'Connor in October and with a group to discuss the possibility of joint purchase of that property. . .the result of the meeting a real estate broker in this Town served notice to us that he wanted a 5% commission and I was later advised by the Attorney for that developer that he felt the purchase price was too great. . .On November 7th I had a meeting with Fran Walter and Frank Collins from the G.F. Country Club, two representatives from the Twicwood Homeowners Assoc. prior to that time I was contacted to Wallie Bean an appraiser in South G.F. who had a client who wanted to purchase the property on Route 9 for a Motel, armed with that we had a group of people that were prepared to make an offer to Mr. Russo's Attorney. At the time no one had told me the property was sold, after the meeting we were waiting for Twicwood people to let us know how much money they could put in the pot and also how much the Country Club was going to contribute. In the mean time I had discussions with representatives of the Country Club as to restrictions on the usage of the property. . .I had made arrangements to do some testing at Round Pond for SEQRA statements we would have to address, (through ACC Students), requested permission to enter the Russo Property we were denied until a sign contract occurred. After November 7th I spoke with Mr. Zurlo, Attorney for Mr. Russo I was aware he had an offer from the Town of $500,000 and $400,000 from a private developer and I felt that the Town would be in a position to make an offer that would approach the figure he was asking and would he consider to refrain from retaining the additional five acre parcel and 50' right of way. That is what I have done upon request of the Town Board. Prior to the announcement in the paper Mr. Russo's Attorney notified me of the signing of the contract, and also if the deal does not go through that Mr. Russo would be interested in continuing negotiations with the Town to purchase the property. SUPERVISOR WALTER-Requested that the remarks of Mr. Harris be verbatim. COUNCILMAN MONAHAN-Requested a copy of the letter from DEC to Town with the allegations you stated? MR. HARRIS-yes. . .Mr. Tarana has that letter. . . MR. BILL MORTON-Represent the Qsby. Citizens on Outdoor Recreation Environment. . .disappoi! at the loss of Round Pond to the Community. . .requested a full explanation. . .you did not put together alternative acquisition packages to bring them to the public for review, you never formally inventory public opinion. . . TOWN COUNSEL-We had two options, the Town to pay the purchase price of $975,000 or package deal. . .reviewed the advantages of dealing with the Town in regard to tax advantages etc. . . . MR. BILL MORTON-The Town limited itself to a $500,000 ceiling the town was amiss in not have an appraisal made. . . COUNCILMAN MONAHAN-I think you are overlooking the fact that the town did not want 90 acres of that land nor did we want to take prime commercial property off the tax rolls. MR. BILL MORTON-There has only been three people on the Town Board that have been honest in this whole dealing on Round Pond Park, Dr. Eisenhart, Daniel Morrell and the Chairman of the Recreation Committee who are against 301 Round Pond they were honest the rest of you have not been. Noted that they had run a survey regarding the acquisition of Round Pond and the survey ran 15 to '1 for the purchase. COUNCILMAN MONAHAN-I would want to see the survey. . .before I would say that it was a valid survey. . . MR. PETER TARANA-I am displeased with the fate of Round Pond perhaps things will turn around. . .displeased that there was not an appraisal done on the property. . .Spoke on possible ground water contamination at the Ridge Road Landfill. . .noted that Mr. Harris was able to get EPA testing of the private wells by writing a letter to the President of the United ` States. . .Supervisor Walter has indicated that ENCON has never notified us that there has been a problem and never indicated any abnormal from the testing results. . .DEC never sent her the specifics documenting the findings of contamination. . .I went to see Mr. Colden of DEC he said he had notified at least four times dating back to 1981 that ground water is being contaminated by the Ridge Road landfill. . . (read from various communications regarding the contamination of ground water at the landfill, DEC Letters)1982 study by Charles Scudder a local engineer concluded no objective evidence to demonstrate significant contamination of ground water at the landfill. . .DEC has no record of that report. . .noted it seems he used the same water testing data that DEC used data from Environment One Corp. everyone is using common data. . .I have looked at the data and see an obvious indication of ground water contamination at well two and three relative to well one. . .The Landfill has been listed in an open dump inventory based on evidence of ground water contamination. . .DEC. has notified Mr. Walter that citizens have the right to sue the Town through public law unless that town follows a schedule of actions leading to compliance. . .Ltr. from Henry Williams to Mr. Solomon that the Queensbury Landfill. . .is known to be contaminating ground water at the landfill boundary. . .spoke on the surplus money the Town has and can't afford water tests, you can't afford a first class recreational facility at Round Pond you can't afford our fair share to support Crandall Lib. . . .Requested the re-establishment of the Queensbury Conservation Advisory Counsel nine member counsel. . . (reviewed the history of the council) Mr. Lavatore has applied for a position on this Council. . . ++— SUPERVISOR WALTER-You indicated that Mr. Harris was frustrated with the Town Board and he wrote to the President, Mr. Harris have you asked to see any other information that we have in our landfill files? MR. HARRIS-no. . . i SUPERVISOR WALTER-It was when residents of the area voiced their concerns at Town Board meetings that Mr. Scudder was hired to do the report. . our engineer has a problem with the conclusions drawn by Mr. Colden. . .in 1982 the Health Dept. tested a few wells there. . .there has been other agencies that have taken up on the public concern. . .in regard to my resignations, I will have to disappoint Mr. Harris, just about five weeks ago the majority of the people in this town wanted me to stay on for two additional years and I certainly would not want to disappoint those people. i MR. CHARLES ADAMSON-Assembly Point-I think Round Pond was mishandled possibly because of openness and willingness to discuss things with those jwho are interested. . .I have to disagree with Mrs. Monahan, I think you have to evaluate the whole parcel, get an appraisal on that. . . MR. JOHN CAFFRY-Tee Hill Road-It seems it was too little too late, why couldn't this work have been done two months ago. .you worked with lightning speed to acquire the Ridge Road Corn Field. . .I hope the Town Board will take all actions that they can in the future to salvage this and see if we can have a Round Pond Park. . . MS. PAT CULVER-Bay Road-Mr. Mathias, Two weeks before the binder was signed didn't Mr. Zurlo call you to suggest that if the town was going to move that it ought to do so? i TOWN COUNSEL-yes, that was the time I met with the Country Club people. . . MS. PAT CULVER-I feel that last June was the time to put a package deal together. . . i I SUPERVISOR WALTER-Asked for further comments. . .none. . . ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY SUBMITTED, DONALD C. CHASE, TOWN CLERK i i % i