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1984-03-27 102 TOWN BOARD MEETING MARCH 27, 1984 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 Councilman Morrell Meeting Opened 7:52 P.M. PRESS: G.F. Post Star, WWSC GUESTS: Residents of Twicwood, Local Rubbish Haulers, Mr. Boice, Residents of Stewart, Baker and Sawn Roads TOWN OFFICIALS: Mr. Paul Naylor, Mr. Rick Missita, Mr. Mack Dean PUBLIC HEARING Mobile Home Application-Mr. Thomas E. and Donna L. Harris of April Lane Ext. to place a mobile home on the corner of Warren Lane on April Lane Ext., Owner of property, Barry Converse—Approved by the Building Dept. NOTICE SHOWN HEARING OPENED 7:52 P.M. Councilman Olson-Is Mr. Harris present? No one came forward. Noted that he had spoken last week to Mr. Harris and told him it was important that he be present at the meeting. Councilman Eisenhart-Who owns the property? Councilman Olson-The application states that Barry Converse owns the property. Buidling Inspector,Mr. Dean-To the best of my knowledge, Doug had visited the site and ., told the applicant to be present and to provide at this meeting the lease agreement. Councilman Eisenhart-Asked the Highway Supt. about April Lane Ext.? Highway Supt. Paul Naylor-It is an unaccepted road. Councilman Monahan-Are they living in the mobile home? Mr. Donald Wood-Warren Lane-They moved the trailer onto the property in October and moved into it. Councilman Olson-Is there another road up there besides April Lane? Mr. Donald Wood-April Lane is not a Town Road, it belongs to Barry Converse. Town Clerk,Donald Chase-Read the following petition signed by fourteen residents of the area. "We the residents of Queensbury residing in the Warren Lane Area, wish to voice our refusal for a mobile home permit requested by Thomas Harris, for the leasing of the privately owned land of Barry Converse off April Lane. REASONS AND QUESTIONS: 1. If we allow Mr. Harris a permit to lease Mr. Converse's land, wouldn't we have to allow future permits for leasing? Is this Mr. Converse's purpose of clearing other lots on his land which are said to be available this spring? 2. We do not feel leased property would be properly taken care of; nor do we feel there is adequate room or fire protection in this area for more homes. 3. The people of Warren Lane do not wish to see leasing of land in an area where the lands are all.privately owned; especially when there are two such leasing courts available within a 1 mile radius for such purposes... 4. Does the mobile home of Mr. Harris have it's own power and water supply? (We are 103 under the assumption the power source comes from a neighbor; and that there is no water supply at all.) 5. Was the septic system Mr. Converse installed for this lot inspected as is required by the Town of Queensbury? Councilman Morrell-Reading from Ordinance No. 12..."No mobile home so parked or placed shall be occupied until a certificate or other evidence prove that the water supply and sewage disposal system by said Town Building Inspector shall have been filed with said Town Clerk." Has that been done? Buidling Inspector,Mr. Dean-I have no further information, the reason it is before you tonight is because it was recently discovered that there was a mobile home there without the official permits. (� Supervisor Walter-Asked for further comments...hearing none the Public Hearing was closed 8:01 P.M. PUBLIC HEARING Over 65 Exemption-Amendment to Ordinance No. 2 NOTICE SHOWN PUBLIC HEARING OPENED 8:03 P.M. Supervisor Walter-The amendment to increase the income limitation from $8200 to $8700 per year. No one spoke. Councilman Morrell-Has the County made the change yet? Supervisor Walter-No, the hearing for the County will be on April 13, 1984...at which time, I am sure,they are going to raise their limitation to $8700, there seems to be no opposition from the Supervisors of other Towns. Declared the Public Hearing Closed. PUBLIC HEARING Amendments to Ordinance No. 10 relating to use of the Town Dump and Licensing Truckmen _ in the Town of Queensbury. NOTICE SHOWN - PUBLIC HEARING OPENED Supervisor Walter-We did have a public hearing on these amendments in the fall, because of the length of time and no action was taken by the board since that time, we felt that we wanted to come back to the public for further input before any changes are made to that ordinance. Mr. Darryl Getman-40 Twicwood-I am in favor of the amendments to Ordinance No. 10 specifically in a letter to Mrs. Walter and the Town Board dated March 8th, I made comments to each of the proposed amendments. In the case of number 1, 1 felt that it may not be practical to expect an owner to clean his vehicle in the middle of the winter, November,December,January,February,in light of the possibility of freezing etc. Regarding (d) I feel that this amendment should include the vehicles but also the receptacles that are used in the collection of garbage, refuse and waste. This amendment should also include some language relating to the unsightliness of property used in the collection of garbage. I would also like you to consider the noise associated with this activity. I am basically in support of the proposed amendments. Supervisor Walter-Mr. Getman, are you appearing on behalf of your organization? Mr. Getman-Those are my comments. Mr. Al Cerrone-Morey Trucking-Item c, that is an understood practice of any company doing business to pick up anything that might spill out...Regarding Item d, as far as cleaning the cargo bed of the trucks at the end of each day which is totally...I am in favor of this if we have some place to clean it and I recommend some place at the landfill. Item e, as far as refuse or waste within a 1000 feet of a dwelling, that is unacceptable to us, that would put us out of business, and I think I speak for every refuse hauler on that. Item f, regarding the cleaning of the cargo bed. In other words you want us to clean this out at the end of each day but we can't clean it on our own property because. 104 We are within a 1000 feet of a residential home so we have to have another place to clean it. The landfill is the most proper place to clean it. As far as having garbage in the truck for a period of six hours or less, we cannot do that because the landfill is closed, on Sundays and Holidays etc. We have no other place to dump it, so it must be left inside the truck. Mr. Dick Leonard-35 Twicwood-I would like to make the same proposal as Darryl, in regards to what Morey Trucking says, he does not have to live within a 1000' of this. Mrs. Mabb-West Glens Falls-I have rubbish trucks out, they are only thirty feet from my pool and my screen house where we picnic in the summer. We put "Rid" in the hopper. You do not smell the trucks. I have not had any of my neighbors complain and they are not over fifty feet away from those trucks. "Rid" is a powder that we put in the containers...Yol, do not get the odor. The odor comes from the hopper, as far as cleaning your vehicle, you will have to build a garage with a drain and septic tank, because that is the only way you can dry the trucks out and the smell is not going to come out with just water. Supervisor Walter-Mrs. Mabb, do you have a garage where you have that kind of system? Mrs. Mabb-I do not. Supervisor Walter-In other words, you have to build that. Mrs. Mabb-My area is residential and the Town would have to give me a permit to build one and whether they would or not I do not know... Mr. Joseph Diare-If the amendment goes through the Town will have to come up with something at the landfill or open the landfill seven days a week and on holidays. Mr. James Farley-12 Cedarwood-I agree with Mr. Getman but I would also like to make a comment on the,situation on Rockhurst, I think the Town should enforce some of the ordinances that they do have on the books. In one particular case, there is a commercial garbage receptacle and every Sunday night it is full and it just stays there. It is not covered, it is fine for a small amount of garbage but not for the amount it is being used. Councilman Olson-Is this a business that has a container that they use to put their trash in and it overflows and who ever services that container dumps it, and what you are saying is that during the summer it is not being dumped enough. Mr. James Farley-Yes. Mr. Allen Miller-12 Twicwood-There are some businesses that are condusive to the proximity to residential dwellings, I do not feel that a garbage storage area is. I live within 500' of the refuse area and there are dumpsters stacked up four high, there are also trees cut down lying on the ground no effort to clean the property. In the summertime, what is objectionable is the odor. Noted that the dumpsters piled up were a danger to the children. Mr. Erwin Funk-17 Twicwood-This garbage collection is sort of a transient operation, it does not appear to me that it needs to be in a location where it has to be advertised, like out along a road, that it could be located anywhere, I do not see why being a 1000' from a home would put a garbage collection business out of business because they can operate anywhere. In Twicwood there is a large investment in homes five to seven million dollars and this investment is in jeopardy because of this growing activity. Item g. Questioned how are the people going to know if there is leakage of solvants...maybe you should have an annual inspection of the soil around these locations. Supervisor Walter-Are you talking about the landfill? Mr. Funk-No, where they have their business...The resolution says that these people should inform the town but how do you know they are going to inform the town, they should be inspected. Mr. George Ladd-Vanderhyden Street-I just started back into the rubbish business, I used to be one of the biggest businesses in the (area. We use a commercial fumigation in our dumpsters and in each garbage can for our customers. I can see the point of the people in Twicwood, and I think a lot of us rubbish haulers are being penalized because of one hauler. I keep my trucks clean and dumpsters are not hard to keep clean, you wash them out once in a while. If I have a customer that has an overflow, I just go and say hey, we are going to dump this a little bit more and it will cost a little bit more in money. Regarding the item of cleaning your truck at your last load, I see no reason why that couldn't be done at the landfill. As far as expense, you have tripled the cost to the haulers for using the landfill. You charge us so much a yard to go in on top of the license Buy. I see no reason why you could not pick up some of this slack. By doubling the fee 105 to the cars because every time you price us up we have to price our customers up and then we lose them. Mr. Bill Fateman-13 Twicwood-I have lived in Twicwood about thirteen years and when we first moved there, there was no garbage operation there. In the last five to six years it has gotten progressively worse. In the summertime there are nights that you cannot go outside, one night it got so bad we contacted the health officer who came down and he concurred with our thoughts. I feel that this is a health problem and I feel that ordinance should be effective and set forth... Supervisor Walter-I will have to say that our health officer feels that there is no health problem. The problem is a nuisance and not a health problem. Mr. Dana Bray-15 Twicwood-Maybe what we are seeing here is a problem with the management that we have at the dump site itself. This lady says she does not have problems with the odors,perhaps we do have a management problem We have been talking about this problem for about ten years, I think it is about time we did something about it. I do not see why the garbage haulers are reluctant to clean up their act down there. Mr. Harley Hermance-H&B Trucking-I have to agree with a lot of this but there are a lot of situations where we work seven days a week to keep this town and city clean. It makes it difficult when the landfill gets closed. I understand, that they have to have their vacations and time off but there is certain times that if we were able to get in the landfill to empty our trucks it would help...Noted that his trucks are kept in a garage, noted that on some hot days that I have not picked up something that I cannot unload due to the closure of the landfill, that I do get an odor from the garage even though it is closed. I use odor repellants, you just cannot kill that odor all the time. Noted that there is still pickups being made after the time that the landfill is closed...If we do not pickup, the Fire Marshal is on us, the Health Dept. is on us and the customers are on us, it seems to be one big circle. Supervisor Walter-When you indicated that there were areas of the amendments that should be changed, could you be more specific? Mr. Hermance-Being a 1000' from a house, I do not think there is anybody that can go out and buy a large piece of land to keep it away from any residence or business, where are we to go—Trying to have your trucks six hours without having anything in it, that is impossible, the landfill is not open, that is another one that is not good for us, because we still have work to do after working hours at the landfill. I can see cleaning out the trucks once in a while if we clean them at the landfill. Noted that most of us do not handle industrial. If we do pick something up at a residence most people do not let us know if there is something contaminated...Item 4c, noted that is as it should be, but it is not being enforced. A good share is not the truckmen„ it is cars and pickups, trailers that are throwing it along the road. There is a fine right now on uncovered loads, they are still going to the landfill without being covered. Most of our trucks are enclosed, I am not saying that once in a while a piece of paper doesn't come flying out of the hopper. You are not going to have that much come out of there... Councilman Monahan-Mr. Hermance, what hours does the landfill need to be open to meet the needs of the haulers? Mr. Hermance-Noted that was hard to say, the only ideal situation was to have twenty-four hour service. Realized that, was not practical. Councilman Olson-That is something that we could not afford. In regard to washing out the trucks at the landfill, how much pressure would be needed, would a garden hose be enough? Mr. Hermance-You will need a pressure hose to do it and do it right. The pressure washers, you could put a deodorant in it...that would be a substance to kill the bacteria... Councilman Olson-If during the summer months, if we considered opening on Sunday mornings, would that be a help to the haulers? -- Mr. Hermance-If there was certain hours set..: Councilman Eisenhart-There is no way you can schedule your pickups so you would be through by 2:00 on Friday afternoon and then you would not pickup again until Monday morning? Mr. Hermance-No, I have people that I pick up seven days a week. 106 Mr. Cerrone-We pick up at the hospital seven days a week,twice a day. Councilman Monahan-When you are talking about a pressure washer, are you talking about just the kind that attaches to a garden hose or a commercial type? Mr. Hermance-It can be a pressure washer, but it is an expensive item. Councilman Morrell-I have a question for Mr. Hermance or Mrs. Mabb, or Mr. Ladd, I assume you three have compactors, do you have any idea how many haulers there are in the Town of Queensbury that go with open trucks with canvas covering? Mrs. Mabb-Quite a few with open trucks. Councilman Morrell-Would that be an unreasonable addition to this ordinance to require in the Town, that all rubbish haulers have compactors? Mr. Ladd-That would create a lot of problems...compactors right now are about forty to sixty thousand dollars, unless you have a tremendous business you can not handle that. Fire Marshal Bodenweiser-In the Fire Marshal's office we keep the pressure on the haulers to keep the material away from buildings...I am speaking in favor of keeping the dump open on Saturday and Sundays, noted that restaurants in town have a lot to be picked up, dumpsters aree not adequate... Councilman Olson-For clarification of the record, the landfill is open on Saturday. Unknown-When we purchased our home in Twicwood we did not choose to live near a dump, the dump came to us... Supervisor Walter-There is not a dump...We are speaking about a business, a hauling business... Unknown-We did not choose to live near that. What about the rest of the residents of Queensbury do they have any protection from that happening to them? Mr. Robert Rudolph-3 Greenwood Lane-I support the amendments to Ordinance No. 10 ... I do think that the town has to be reasonable in providing for the haulers, we cannot ask them to follow what is being proposed here and not provide them with the service to do it. I also understand that we do not want the conditions to continue...If you think it is a matter of additional costs, then we will have to pay more taxes... Mr. John Hallett-19 Twicwood-I would like to reinforce my neighbors opinions...There are some things in this ordinance that puts a real burden on the people. If we have to expand the services at the dump and it is going to cost more for it, then fine, lets spread it throughout the Town of Queensbury instead of our neighborhood putting up with what we have to. Mr. Cerrone-There have been all kinds of accusations that our place of business is garbage and it smells all the time, that is not true. The Health Inspectors have come in, the Fire Marshal has been there, there is no odor there. Last year one of the odors was from one of the homes up in back, an over-flowing septic system..We are under pressure from the Health Inspectors to keep our place cleaned up. Noted that there is no garbage kept in the dumpsters on that property... Councilman Monahan-I would like to ask you Mr. Cerrone, the gentleman said you had four or five dumpsters, one on top of the other? Mr. Cerrone-There are maybe two or three dumpsters that we store up in the back. They are there for new customers. Councilman Monahan-Are they on top of each other? Mr. Cerrone-Yes. Councilman Monahan-Do you take any precaution so that children cannot get hurt on these? Unknown-You need several men to move a dumpster, there is no way they can fall. Mr. Cerrone-First of all, the children should not be on the property... Councilman Monahan-There is a law about a nuisance to children... 107 Unknown-Noted that trees were taken down but a buffer of trees were left so the people would not be able to see what is being done back there. We have been trying to keep the place clean. The trucking business has been there for a long time now, Mr. Barber had it, Walzack had it... Unknown-Not a trash business. Mr. Cerrone-Since 1972, there has been a trash business there. Unknown-He agreed to leave and do away with the trash business. Instead, he sold it to Morey's. Mr. Cerrone-Actually,Twicwood, those homes were built on top of us. i Mr. John Matthews-Lake George-I am in favor of having better hours at the dump and perhaps having more services at the dump. I do not feel that the Town of Queensbury residents should have to take the burden in their taxes. There is a lot of garbage coming from other areas that are going into the dump, and I do not think they are paying their �-- fair share... Councilman Olson-What other services would you like at the landfill site? Mr. Matthews-I was speaking about the services that you were talking about,staying open later on Saturdays and being open on Sundays and staying open a little longer during the day...questioned the need for more than one man on duty at the landfill? Supervisor Walter-We have to comply with the state laws....When we open up it is not just a man at the gate, it is a man who is operating heavy equipment also... Mr. Matthews-asked that the landfill also be opened on Holidays... Councilman Olson-When we are facing a Holiday is that our employees get that Holiday through their union contract, if we keep them there we are paying time and a half or double time and a half salary...That is also true on Sunday. Supervisor Walter-The landfill used to be open on Sunday and we found through a survey as to how many people actually used it on Sunday, based on the surveys, we determined that it be closed, because on any given Sunday very few people used it. Mrs. Mabb-It was never opened for the commercial haulers on Sunday. Mr. Farley-I do not think that opening the dump seven days or on the Holidays is going to solve the Morey situation, I do not know how you classify that business„ but I moved into Twicwood in 1967 when Stan Walzack owned the operation and it was nothing like today. Requested that the Board go to the site and see the situation... Mr. Cerrone-That is not my stuff...All the stuff that is in dissaray, I agree, that is someone else's stuff.,. Supervisor Walter-The problem is that at that location, there are several businesses being run, that is the point that we have been tracking down in the last several weeks. Mr. Morey owns the property, Mr. Cerrone runs a business there, Mr. Adams runs a business there. Mr. Adams and Mr. Cerrone pay rent to Mr. Morey. Mr. Adams lives at the house on the property. Mr. Pateman-About 80% of our problem is Mr. Adams. There are ten unlicensed vehicles in there, I understand more than two is considered a junk yard... Supervisor Walter-We are currently having our Attorney looking into just what you are talking about—I will assure you that there will be something done about it but we have to identify just what violations exist. Mr. Cerrone-Our vehicles cannot be seen from Montray Road. Unknown-Spoke about the fires that this area has had...requested that the landfill be opened longer hours during the summer, and shorter hours in the winter. Mrs. Mabb-Questioned if the town would give her a permit to build a place for her trucks in a residential zone? 109 Supervisor Walter-Noted that this is not the Board she would go before to ask for such a permit...noted that she would have to prove hardship...I cannot tell you what their decision would be. Unknown-Spoke on the diesel fumes from the Morey property. Councilman Eisenhart-If there was parking place available at the landfill, would that solve part of the problem? Mr. Hermance-No, because there would be too much vandalism. Supervisor Walter-Any kind of improvements that are made, the cost will be borne by the users of the landfill whether it be the hauler or the individual... Mr. Hermance-I can remember when this first started, I was paying $250.00 per year. The first year it jumped $14,000 in one year. I lost a lot of customers, but there is only so much you can put out on the customers, residential or commercial. Noted that the Town and City cannot take over our jobs and do it as cheeply as we do. Suggested that the Town raise the fee for private individuals...so they might pay their share of the cost' of the landfill. Unknown-Requested that Mr. Cerrone work with the Twicwood Assoc. and the Town to solve some of the problems that have been brought here tonight...asked if Mr. Cerrone would relocate... Mr. Cerrone-I am willing to work with the Association... Mr. Woodbury-46 Twicwood-This is a very specialized situation. About nine years ago we were mandated to stop planing lumber at our business because it was noisy and unsightly. They were getting tough. There was no hearing, we had to stop...We are not trying to put anyone out of business, I do not see any reason in the world that this man is going to go out of business if he were to move his trash business where it would not effect residences... Councilman Morrell-Mr. Matthews brought out a point about others using the landfill Dan and I were talking about this last week, we have no control over who uses the landfill as long as they pay the fifty cents. They can come from Fort Edward, Fort Ann, but anyone can use the landfill and they do not have to be a resident of Glens Falls or Queensbury, I think that is a concern that also should be addressed in Ordinance No. 10. Noted that Lake George uses landfill stickers. j Unknown-I understand that gadage is being brought in from Granville, Ticonderoga, and all over the northern part of Warren County to the Queensbury Landfill. In time that landfill will be filled and what will we do as residents of Queensbury? Unknown-The landfill is a very important resource to our particular town, I think we should protect it. Mr. Ladd-Noted that in some areas the Sheriffs Dept. checks the haulers and cars to see where they are coming from... Councilman Olson- It is coming very soon, the use of stickers...Noted that the Board is not aware of anything coming from outside into the landfill... Supervisor Walter-If you can document this, but you cannot make accusations unless there is documentation, I would perfer that if anyone has documentation that we are taking that trash into our landfill from those places, to step forward and we would like to see it. I have heard a lot of these things in the past. I have taken it upon myself to check it out. They have not proven to be true. Councilman Eisenhart-Requested that Mr. Dean investigate the Adams site... Supervisor Walter-We have not found any violations up there...Noted that Mr. Dean, Mr. Bodenweiser and even in the past Mr. Liapes visited the site... i Fire Marshal Bodenweiser-Noted that he had visited the site in regard to sandblasting propane tanks...no violations found... Mr. Walter Stern-12 Greenwood Lnae-It is my understanding that there is a grandfather clause in which this is operating under...Questioned if sandblasting is under the grandfather clause? Town Counsel that is one that we will have to make a determination of, to try and establish 109 exactly what was going on, on that piece of property at the various ordinance dates. We have had two ordinances, we have to make a determination what existed there and that determination has not been completed. Councilman Olson-Does Mr. Adams operate that business from the house or next to it? Mr. Cerrone-Mr. Adams, runs the business from the house. Supervisor Walter-Asked for further comments, hearing none the Public Hearing was closed. 9:16 P.M. 5 Min. Recess RESOLUTIONS RESOLUTION TO APPROVE MINUTES `... RESOLUTION No. 71 Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by : Mr. Daniel Olson: RESOLVED that the Town Board Minutes of 3-13-84 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Waler Noes: None Absent: None RESOLUTION TO APPROVE BINGO LICENSE RESOLUTION NO. 72 , Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan : RESOLVED, that Bingo License No. 17038 be and hereby is approved allowing Glens Falls Elks to hold Bingo occasions from March 28, 1984 through September 19, 1984 . Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None (Ltr. on file- Closure of Highways-on file-Highway Supt.) RESOLUTION TO POST HIGHWAYS RESOLUTION NO. 73 , Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, Superintendent of Highways, Paul Naylor, has recommended pursuant to Section 1660, Subdixis.on (A) 11 of the New York State Vehicle and Traffic Law, that certain Highways within the Town should be closed to any vehicle with the gross weight in excess of three tons per axle effective from the time of the erection of the signs and L- WHEREAS, the restriction will be in effect until the removal of the signs as directed by the Town Board of the Town of Queensbury, therefore be it RESOLVED, that the following roads be closed under this order arid further RESOLVED, that proper notice be made in the local press. Bell Mountain Road Gurney Lane Mountain - County Road to Town Line Butler Pond Road - Mountain Road to end Fuller Mountain Road - Mountain Road to Boot Jack Clendon Mountain Road - Mountain Road to Town Line 110 Luzerne Mountain Road-Mountain Road to Town Line Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None (Ltr. Highway Supt.- requesting no parking zone on Newcomb Street-on file) - RESOLUTION TO SET PUBLIC HEARING ON NO PARKING ORDINANCE RESOLUTION NO. 74 Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury has received a communication from Mr. Payl Naylor Highway Supt., requesting a No Parking Zone on Newcomb Street, and WHEREAS, it is provided by Section 130, Subdivision 7 of the Town Law that the Town Board may make Ordinances, Rules and Regulations regulating use of Streets and Highways, including the restricting of parking of all vehicles thereon, and WHEREAS, Section 130 of the Town Law requires a Public Hearing upon.all proposed Ordinances upon due notice as provided for therein, NOW, THEREFORE BE IT RESOLVED, that a Public Hearing on the following proposed No-Parking Ordinance be held on the 10th day of April, 1984 at 7:30 P.M. and that the Town Clerk give notice of such hearing by publication of a notice thereof in the official Town Newspaper once at least ten days prior to the date specified for such hearing, specifying the time when and the place where such hearing will be field and in general describing said proposed ordinance. ORDINANCE TO ESTABLISH A NO PARKING ZONE ON NEWCOMB STREET FROM MAIN STREET (COUNTY ROAD 28) NORTH 220 FEET, BOTH SIDES OF THE STREET SECTION 1. For the purpose of this Ordinance, the word "vehicle", "parking", and "standing" shall have the meaning defined in the Vehicle and Traffic Law of the State of New York. SECTION 2. No vehicle shall be parked or left standing on Town Road No. 191 for a length of 220 feet on both sides of the road North from County Road 28. SECTION 3. All ordinances or parts thereof of the Town of Queensbury inconsistent with the provisions of this ordinance are hereby repealed provided, However, that such repeal shall be onnly to the extent of such inconsistency and in all other respects this ordinance shall be in addition to the other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 4. Any person violating any provisions of Section 2 of this Ordinance shall upon conviction be punishable for a first offense by a fine not to exceed Ten Dollars, ($10.00), and for a second offense by a fine not less then Ten Dollars, ($10.00), nor more than Twenty Five Dollars, ($25.00) or by imprisonment for not less than Two (2) nor more than Ten Days. The third or any subsequent offense within one (1) year shall be punishable by a fine not to exceed One Hundred Dollars ($100.00), or by imprisonment not to exceed thirty(30) days or by both such fine and imprisonment. In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper action, suit or proceeding to prevent, restrain, correct or abate any violation of this ordinance. SECTION 5. This Ordinance shall take effect immediately. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None 111 Supervisor Walter- We have a problem with that road in that it is a very narrow road and we have heavy trucks using it to avoid the light on Richardson Street. RESOLUTION TO RETAIN ARCHITECT RESOLUTION NO. 75, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the Queensbury Town Board needs the services of a professional architect and WHEREAS, Paul E. Cushing Associates, has agreed to perform the services so required by the Town, NOW, THEREFORE BE IT RESOVED, that the Supervisor be and she is hereby authorized to sign an agreement for professional services for design, preparation of specifications, review of specifications, estimate of costs and Clerk of the Works on the rehabilitation of the former Police Building with Paul E. Cushing Associates for an amount not to exceed $5,000.00. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None AN ORDINANCE PROVIDING FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY OWNED BY CERTAIN PERSONS WITH LIMITED INCOME WHO ARE SIXTY FIVE YEARS OF AGE OR OVER, PURSUANT TO SECTION 467 OF THE REAL PROPERTY TAX LAW j OF THE STATE OF NEW YORK-AMENDMENT TO ORDINANCE 23 RESOLUTION NO. 76, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, Section 467 of the Real Property Tax Law has been amended to increase the limitation of income the owner or the combined income of the owners of Real Property may earn and remain eligible to apply for said partial exemption and WHEREAS,the Town Board of the Town of Queensbury desires to amend the existing Ordinance entitled"An Ordinance providing for a partial tax exemption of Real Property owned by certain persons with limited income who are Sixty Five Years of age or over, pursuant to Section 467 of the Real Property Tax Law of the State of New York" to increase the income limitation from $8200.00 to $8700.00 to conform to Section 467 of the Real Property Tax Law of the State of New York, as amended, with respect to the increased exemption; and WHEREAS, by Resolution No. 66 of 1984 said Town Board of the Town of Queensbury caused the Town Clerk of Queensbury to publish and post notice of a public hearing to be held at the Town Office Building in said Town of Queensbury on March 27th 1984 at 7:30 P.M. to consider the adoption of the amendment to said resolution; and WHEREAS, the said Public Hearing was duly held and those in favor and those opposed to such resolution were duly heard, and due deliberation having been had; NOW, on motion duly made and seconded, it is hereby RESOLVED, that the Town of Queensbury ordinance entitled "An Ordinance providing for a partial tax exemption of Real Property owned by certain persons with limited income who are sixty five years or over, pursuant to Section 467 of the Real Property Tax Law of the State of New York" be and the same hereby is amended to read as follows: SECTION 2. (B) The income of the owner or combined income of the owners must not exceed Eighty Seven Hundred Dollars for the income tax year immediately preceeding the date of making the application for exemption. Income tax year shall mean the Twelve month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year, and be it further RESOLVED, that this resolution shall take effect as provided in Section 133 of the Town Law of the State of New York. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None 112 Supervisor Walter-The Town Board will take no action on the proposed amendments to Ordinance No. 10...tabled to review comments made at the public hearing... RESOLUTION GIVING FINAL APPROVAL FOR PHASE I TOP O' THE WORLD PUD PLAT RESOLUTION NO. 77, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded y Mr. Daniel Morrell: WHEREAS, the Town of Queensbury gave conditional approval to Phase I of Top O' The World Pud development by Resolution on April 12, 1983, and WHEREAS, pursuant to Section 15.044 (c) of the Queensbury Zoning Ordinance, the Queensbury Planning Board granted an extension to file a final plat until April 7, 1984, and WHEREAS, the Project Sponsors, Ralph A. Boice, Top O' The World Development Co., Inc., and Top O' The World owners Association, Inc. (hereinafter called sponsors)have complied with the conditions imposed by the Town Board's Resolution of April 12, 1983 and further by letter dated March 23, 1984, (Copy attached as exhibit 1), Representing and guaranteeing that the sponsors will fully comply with the obligations contained in the following permits and approvals, copies of which are on file with the Queensbury Building Department, namely: 1. New York State Department of Environmental Conservation State Pollutant discharge elimination system permit No. NY-0131792; 2. New York State Department of Environmental Conservation Water Supply Permit No. 7329, D.E.C. No. 50--82-0287; 3. Adirondack Park Agency Decisional order dated June 1, 1983, project No. 82-240A; C. All of the pertinent provisions of the Town of Queensbury Zoning Ordinance, including but not limited to Article 15, and WHEREAS, the project sponsor has filed with the Town of Queensbury Building Department, a survey map dated September 20, 1982, made by Coulter and McCormack, LS, for Top O' The World, Inc. and amended March 21, 1984 to delineate the open space to be reserved as common property pursuant to Section 15.035 of the Queensbury Zoning Ordinance, and i WHEREAS, the Sponsors have agreed to file with the Town of Queensbury all final Convenants, by-laws and other documents creating homeowner associations and any and all offering plans or documents prepared for submission to the Attorney General's Office pursuant to Section 352-E of the General Business Law, and further that the Sponsors have agreed to comply with the performance guarantees set forth in paragraph 5 of the Adirondack Park Agency order dated June 1, 1983, Project No. 82-240A, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the final PUD Plat of the Project sponsors with reference to Phase I of the project, construction of which shall be jointly monitored by the Queensbury Building Department, as required, and the Adirondack Park Agency under its Phase I order of June 1, 1983, and be it further RESOLVED, that prior to new construction a performance Bond naming the Town of Queensbury and the Adirondack Park Agency as joint obligees, and complying with the performance guarantees set forth in paragraph 5 of the Adirondack Park Agency order dated June 1, 1983, Project No. 82-240A, shall be submitted to the Town of Queensbury for its approval of form and content. Duly adopted by the following vote: Ayes: Mr. Olson, Dr.'Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None 1 Councilman Morrell-Should the amount of the performance bond be stated in the resolution? Supervisor Walter-That was set forth in the reL,:olution dated June 1, 1983 APA order... i Unknown- questioned if there would be any more public hearings on the Top O' The World 113 Development? Councilman Monahan- this only deals with phase one... Supervisor Walter- Mr. Harris is now present, we have closed the public hearing on the Mobile Home, he had problems with his vehicle on the way to the hearing, I would like to, even though we are not at a public hearing, would like to give him some opportunity to comment or answer any questions from the board. One of the questions that we had was, do you own the land or not? Mr. Harris I do not. Councilman Eisenhart- Are you living there? Mr. Harris- yes. Councilman Eisenhart- How did you happen to move in without a permit? Mr. Harris-I applied for one, I made out the paper work earlier...I did not get it all turned in, but I did apply for one. Councilman Monahan- If you do not own the land, under what kind of an arrangement are you there? Mr. Harris-Lease. Councilman Monahan- For how long? Mr. Harris- One year. Councilman Monahan-Has your septic been approved? Mr. Harris- No, It has not been inspected. Councilman Monahan- What is your water supply? i Mr. Harris- Driven well. 1 Councilman Monahan- On this piece of property? j Mr. Harris-Yes. Councilman Olson- Was it last fall that you were going to apply for a permit? Mr. Harris-Yes Counciman Monahan- Mr. Dean, are mobile homes supposed to have skirts? Mr. Dean-no inspection has been made of the mobile home. Councilman Monahan-The mobile home does not look level... Mr. Harris-It is level, I just moved it in not long ago, I have not had a chance to skirt it... Councilman Eisenhart-Where did you get the name of the Street? Mr. Harris-I guess from Mr. Barry Converse. Councilman Monahan- It is our understanding that, that is not an approved Town Road that it is on... Mr. Harris- I guess that is correct, it is a private road. Councilman Olson- I personally do not know how we can address ourselves to this application when it is not on a Town Road. You only have a one year lease, the permit is a permanent permit... Mr. Harris-I do not know anything about those particulars, all I know is that my Sister lives there on the adjoining property,. I like the neighborhood, I know the people, I know what they have been through I am just trying to get a permit to live there and bring up my family. 114 Councilman Monahan- My other problem is that Mr. Converse may be using the back door method in order to have a trailer park without going through the procedures. Councilman Eisenhart- Do you have a lease? Mr. Harris- Yes... Supervisor Walter- requested that no decision be made in regard to this mobile home tonight...awaiting information from Town Counsel... (Agreed to by the Board) Councilman Monahan- Do you have anything in your lease that allows you to break that lease if you are not given this permit for a mobile home? Mr. Harris-1 would surmize that would be automatic, if you cannot have your home there, that is the reason for the lease. Councilman Olson- It is your mobile home? Mr. Harris-Yes. Supervisor Walter- questioned the one year lease...asked the Attorney to research this... Councilman Eisenhart- Requested that Mr. Dean check into the other mobile home on that Street... Supervisor Walter- The consensus of the Board is that we will consider the application_­- in two weeks... Mrs. Harris-I would like to say, we had no choice to move when we did, it was winter time and we had purchased the mobile home and we could not get into any trailer park, we could not leave the mobile home in the middle of the road, we had no choice,.. Supervisor Walter- You should have come here a lot sooner to apply for a mobile home permit. Unknown-noted he had to wait before he moved into his mobile home for a permit... RESOLUTION SETTING NEW FEES FOR ELECTION INSPECTORS AND CUSTODIANS i RESOLUTION NO. 78, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, Election Inspectors are now appointed by the County Board of Elections but it is still the responsibility of the Town of Queensbury for payment of these inspectors, NOW,.THEREFORE BE IT RESOLVED, that the following new fees be set for 1984 for election inspectors and custodians. $35.00 Primary Day $35.00 Registration Day $55.00 Election Day $ 5.00 Chairman each time $750.00 Head Custodian $550.00 Custodians Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None COMMUNICATIONS -Mobile Home Application-Ridge Road Wesleyan Church-Ridge Road- one year permit on two mobile homes-used for classrooms... Unknown- this is a renewal of the permits—we are in the process of building classrooms... RESOLUTION TO AUTHORIZE PERMIT OF MOBILE HOME 115 RESOLUTION NO.79, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Ridge Road Wesleyan Church has made application in accordance with paragraph 2 (b) Section 4, of an Ordinance of the Town of Queensbury entitled; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE"HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home at property situated on Ridge Road, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to authorize the issuance of the permit requested by said application, NOW, THEREFORE BE IT RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission �-- is hereby given to the Ridge Road Wesleyan Church to locate a mobile home at property situated at Ridge Road and that the Building Inspector is hereby authoirzed and directed to issue such permit in accordance with the terms and conditions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None -Ltr.- Mr. Paul H. Naylor, Highway Supt. requesting that the low bid of Syracuse Supply Co. for a new Paver be accepted...on file... Supervisor Walter- noted that the bids were accepted in two forms, outright purchase and installment, Syracuse Supply was the low bidder in each instance... Councilman Olson- we are ready to accept the bid but we are not at this time sure of which way to pay for the equipment... How many days do we have to accept the bid? Mr. Naylor- 45 days... Representative of Syracuse Supply-...the important item to us is that we are the low bid, we are concerned with getting the machine ordered, so that we can get it here on time in thirty to forty five days, the longer the time period goes before placement of the order,the worse that gets... Councilman Monahan- suggested a letter of intent to accept the bid and the method of payment to be determined between now and the time the papers are signed... RESOLUTION NO. 80, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: (Resolution awarding bid on Highway Paver forthcoming from Town Counsel, to be found on page 117 :) Duly adopted by the following vote; Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs Walter Noes: None Absents None -Ltr. N.W. Bodenweiser, Fire Marshal-request permission to attend N.Y. State Hotel and Motel Association Fire Prevention and Safety Seminar...on file) RESOLUTION TO ATTEND SEMINAR RESOLUTION NO. 81, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that permission is hereby granted to Mr. N.W. Bodenweiser, Fire Marshal to attend the New York State Hotel and Motel Association Fire Prevention and Safety Seminar in Albany on April 4, 1984, and be it further RESOLVED,that the Town Board authorizes payment of all reasonable and necessary expenses. Duly adopted by the following vote: 11� Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Councilman Morrell- I was contacted by Mr. David Bennett concerning the establishment of a Water Dist. off West Mountain Road in the Stewart, Baker, Sawn Road area ... requested that Mr. Bennett speak to the Board... Mr. Bennett- presented the Town Board with a petition from the residents of the above mentioned area requesting water...(petition on file) Supervisor Walter- We will accept your petition the next step will be to obtain costs for such an extension... Mr. Henry Beaton- I live on Sawn Road-will that include Fire Hydrants in the area... Supervisor Walter- Any time a Water Dist. is extended there are Fire Hydrants that are a part of that District. Mr. Henry Beaton-A year and a half ago there was another petition by Mrs. Sawn, we signed it then, it was the understanding at the time that we were included in that district. Sawns have it because they ran out of water... Supervisor Walter- When that water dist. was extended to those people that were on West Mt. Road, they are not in the dist. they are paying a double surcharge... Mr. Henry Beaton I pay a double surcharge to the City...we got the last two water taps off the city mains twenty years ago...no pressure... Mr. Joseph Daire- Congratulated Dr. Eisenhart on having the ACC Classroom Building named after him...Spoke on the good job that Jim Coughlin does at the Qsby. G.F. Landfill... Mr. Pliney Tucker-spoke on the dumping on property at Division Street...noted that there has been two fires at the property... Supervisor Walter- Mr. Dean has been asked to check into the situation...I have also spoken to the Attorney about this... i Councilman Olson- I have visited the site, the person who is in charge of bulldozing the area assured me that when the ravine was filled in that it would be leveled off. Supervisor Walter- we have to have a clear indication of what is being dumped, and our Building Inspector is going to let us know... Mr. Tucker- noted that several buildings were torn down and the debris was dumped at the property on Division Road... Mr. Paul Naylor-announced that the Town Vehicles are now on our own private radio lines ... Supervisor Walter- asked for further comments, hearing none the open forum was closed... RESOLUTION TO APPROVE SPECIAL AUDIT RESOLUTION NO. 82, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that Audit of Bills as appears on Abstract No. 84-317 and numbered 514 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. Repectfully submitted, Donald A. Chase Town Clerk Queensbury 117 RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE LETTER OF INTENT TO PURCHASE BLAW KNOX ASPHALT PAVER RESOLUTION NO. 809 Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, on or about March 13, 1984 the Town Clerk of the Town of Queensbury received the following bids on a highway paver: Syracuse Supply, Schenectady, New York Blaw Knox Model PF 120H outright purchase - $117,000.00 Installment purchase option - $140,872.80 Capital Equipment, Mechanicville, New York Barber Green Model 131 outright purchase - $1279547.00 installment purchase option - $159,660.00 WHEREAS, the aforesaid bids have been reviewed by Highway Superintendent Paul Naylor and Warren County Superintendent of Public Works Fred Austin, P.E., both of whom have reviewed the bids and determined they comply with the requested specifications, and WHEREAS, Syracuse Supply is the lowest responsible bidder under the outright purchase option and the installment purchase option, NOW, THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury is hereby authorized to execute a letter of intent to purchase the said Blaw Knox paver under the purchase option determined to be most favorable to the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None I