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1984-04-10 11g TOWN BOARD MEETING APRIL 10, 1984 TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. Daniel Olson-Councilman Dr. Charles Eisenhart-Councilman Mr. Daniel Morrell-Councilman Mrs. Betty Monahan-Town Coons+m,,.. Mr. Wilson Mathias-Town Counsel I PLEDGE OF ALLEGIANCE - led by Councilman Monahan Meeting Opened 7:32 P.M. PRESS: G.F. Post Star, WWSC GUESTS: Residents of Meadowbrook Road, Mr. Joseph Daire, Residents of Pinewood Hollow Road, Mr. Harris, Representatives of the West Glens Falls Chapel TOWN OFFICIALS: Mr. Paul Naylor, Mr. Mack Dean, Mr. N. W. Bodenweiser PUBLIC HEARING NO PARKING ZONE ON NEWCOMB STREET - Notice Shown - Hearing Opened 7:33 P.M. Supervisor Walter- We have had a letter from the West Glens Falls Community Chapel. They have requested that our Superintendent of Highways take a look at the situation and come up with a remedy. This is one of the things that he has brought forth. The other, to post a weight limit on the street. Mr. William Brown-Trustee of the Chapel- I have talked to Mr. Naylor about the parking, noted that the weight of the cars parked along the road has cracked the church's wall. There is also a problem with traffic control on Sundays and meeting nights at the Church... Councilman Olson- The people of the Church have made the request and it has been investigated. I think we have a good recommendation and there is no one here in opposition. Supervisor Walter- Asked for further comments, hearing none the Public Hearing was closed. 7:37 P.M. RESOLUTION RESOLUTION TO APPROVE MINUTES RESOLUTION No. 83 Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Dr. Charles Eisenhart: RESOLVED that the Town Board Minutes of March 27, 1984 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 RESOLUTION AUTHORIZING BUS GRANT AGREEMENTS BETWEEN QUEENSBURY AND COUNTY OF WARREN 119 RESOLUTION NO. 84„ Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Daniel Morrell: WHEREAS, Warren County is participating in a New York State Division for Youth inter-county Youth Bus Program, and WHEREAS, a financial reimbursement program has been proposed by the Warren County Youth Board, NOW, THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury is hereby authorized to enter into an agreement between the County of Warren and Town of Queensbury whereby the County of Warren shall provide the Town of Queensbury with an amount not to exceed $736.52 dollars. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 85 , Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, it has been recommended by the accounting firm employed by the Town of Queensbury to set up a reserve for Unemployment Insurance Benefits, and WHEREAS, it has been budgeted in various departments for the providions of UI benefits, NOW, THEREFORE BE IT RESOLVED, to transfer to H29 Capital Reserve UI account: 1,000. from A9050.800 General Fund U.I. 3,500. from C9050.800 Highway U.I. 1,000. from 09050.800 Cemetery U.I. 1,000. from J19050.800 Landfill U.I. 3,500. from SW19050.800 Water U.I. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Supervisor Walter-This is something that has been recommended by Audit and Control. All Unemployment Insurance Benefits be kept in a Trust and Agency Account which is seperate from the everyday funds kept by the Town. �-- Councilman Olson If we do not have a claim this year, will that money be left in the account? Supervisor Walter- Yes. RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 86 , Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, the Town Board has determined that structual changes are necessary in the Highway-Police Bldg. for the most efficient use of that building and WHEREAS, budgetary code changes are necessary to pay for the extensive projects, NOW, THEREFORE BE IT RESOLVED, to transfer $40,700.00 from CF909 Revenue Sharing balance to H30-3120.300 Police Bldg. Capital Construction to renovate Police Building for court use and to transfer $15,000 from A3120.440 to H31-1620.300 Hwy. Bldg. Cap. Const. for Highway Building renovation and in addition to transfer $1960. from A909 to A1220.200. Duly adopted by the following vote: Ayes: Mr. Olson, Dr.,Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Supervisor Walter- We have two projects, one is; the renovation of the Police Building, we are taking $40,700.00 for that project. The other project is in the Highway Building itself, the lower portion of the building where we are doing drainage work and reinforcing the foundation. Fifteen Thousand Dollars has been transferred to H31-1620.300 for this project. We are placing the monies in Capital Accounts, that way when we make expenditures for materials and personnel,we can readily tell how much is being spent for certain projects. RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 87 , Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, the Queensbury Highway Department has retained the services of Russell Mousseau, a consultant for the purposes of evaluating drainage work, and WHEREAS, the money for this purpose was originally budgeted in the contractual account and should be paid through personal services, NOW, THEREFORE BE IT RESOLVED, to transfer $5,000. from D5110.440 to D5110.100. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Supervisor Walter- This money will cover Mr. Mousseau for the whole summer, he is out on the drainage jobs for the Town, he will oversee all the projects. RESOLUTION TO REAPPOINT FIRE CODE ENFORCEMENT OFFICER RESOLUTION NO. 88 , Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, the New York State Uniform Building and Fire Code requires a designated officer for the purpose of enforcement of the code, NOW, THEREFORE BE IT RESOLVED, to reappoint Norbert W. Bodenweiser as Fire Code Enforcement Officer for the Town of Queensbury, term to expire December 31, 1984. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None 121 Supervisor Walter-Mr. Bodenweiser is the designated person who goes out and inspects buildings and public places as part of the Fire Code, he needs the authority to do that as per the code. The Town Board needs for the record, who that officer is. RESOLUTION TO ADOPT ORDINANCE NUMBER 57 ENTITLED "NO PARKING ZONE ON NEWCOMB STREET RESOLUTION NO. 89, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board deems it necessary to adopt an Ordinance Number 57 entitled "NO PARKING ZONE ON NEWCOMB STREET" and WHEREAS, a proposed Ordinance was presented to the Board, and after due notice a '— public hearing was held thereon by the `lbwn Board on the 10th day of April, 1984 at 7:30 P.M. at the Town Office Building, Bay do Haviland Roads, Glens Falls, New;York, 12801, and that the Town Clerk gave notice of such hearing by publication thereof'in `�— the official Town newspapers at least once prior to the date specified for such hearing, specifying the time when and the place where such hearing will be held and in general terms describing said proposed ordinance and at such hearing all interested parties were heard, NOW, THEREFORE BE IT RESOLVED, that Ordinance No. 57, by the Town Board be as follows: 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", "park", 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 Newcomb Street from Main Street (County Road 28) North 220 feet, both sides of the Street. 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 only 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 (10) 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 COMMUNICATIONS -Ltr. Thomas Flaherty-requesting permission to attend the Spring Meeting of the AWWA- on file RESOLUTION TO ATTEND MEETING RESOLUTION NO. 90, Introduced by Dr. Charles Eisenhart who moved for its adoption seconded by Mr. Daniel Olson: 122 RESOLVED, the permission is hereby granted to Mr. Thomas Flaherty, Water Superintendent to attend the New York Section American Water Works Association at Hyannis, Massachusetts on April 24 through the 27th 1984, and be it further RESOLVED, that the Town Board authorizes payment of all reaonable 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 -The Building & Zoing Report for the month of March was placed on file. -The Town Clerk's report for the month of March was placed on file. -Councilman Eisenhart- requested a report from the Town Clerk regarding expenses vs. expenditures in the Dog Control Officers Office... -Supervisor Walter- announced that in the Queensbury School Newsletter there was an article regarding the Town of Queensbury Leash Law. PENDING OLD BUSINESS Mobile Home Application of Mr. Thomas Harris-Hearing Held on March 27th 1984... Mr. Harris is present... Supervisor Walter- Mr. Naylor, April Lane Ext. is not a Town Road? Mr. Naylor- That is correct. Supervisor Walter-The owner of the land will continue to be Mr. Converse not the applicant. Councilman Eisenhart- Mr. Dean, what about the Water and Septic System? Mr. Dean-I have not been able to determine anything on that. I felt that we would have a problem placing a dwelling on an unaccepted Town Road, therefore I did not pursue the inspection of the water and sewage system. Mr. Harris- I have a right of way, eight foot wide, to Warren Lane. Supervisor Walter- I think that with talking with Counsel and our Building Dept., Mr. Converse had been in years ago for a Mobile Home Park and was turned down by the Planning Board. Establishing mobile homes on the lots that he was looking to establish a mobile home park on, it seems that he is trying to circumvent the Ordinances of the Town and also the findings of the Planning Board. I would call that to the Board's attention. Mr. Harris- Under a lease do you have to have a full size building lot? Supervisor Walter-Actually, on our mobile home applications we would like you to own the land. Yoars is only a year lease, the Board would look more kindly on a 99 year lease. Mr. Harris- Noted at the time there was no other place to go, most mobile home courts will only accept above a 1974 model. Supervisor Walter- I think we have a problem in that the mobile home is there and right now not in compliance because you had already moved in before even applying for the mobile home application, so any kind of hardship as far as that goes, has got to be your behalf, because you did not take care of these regulatory things before you put the mobile home on the lot. Councilman Olson-noted that the Board does not like to look at a one year lease... the real problem is that the lot does not front on a Town Road...There is no way of getting emergency services to that lot, if you have a fire or you have to have an ambulance in the middle of the night and there is snow, Mr. Naylor cannot by law open you up... Mr. Harris- Mr. Converse plows it. Councilman Olson- We have an obligation to you, if this Board gives you a permit and you did not get plowed out, I would feel bad... Mr. Harris- The right of way does not count? 123 Town Counsel-No, That would not count, the law is clear, if you sought a building permit for that lot, to build a house there is no way you would be permitted to obtain a permit without going to the Zoning Board of Appeals and getting a variance. To do that you would have to show hardship and a lot of other things. As Councilman Olson has stated, the basic reason is for the protection of the home owner. Councilman Olson-Noted that the applicant may have a problem with insurance, I do not know what they would say, because it is isolated. Councilman Eisenhart- Do you have any insurance on your mobile home now? Mr. Harris-no Councilman Olson- Are there any lots that border Warren Lane? Mr. Harris-No. Councilman Eisenhart-I would not vote for this tonight until I have something from the Building and Zoning Dept. that says that the Water and Septic System are adequate. Town Counsel- I think that the other situation is whether a mobile home court is being created, although it is not Mr. Harris's fault, that, that is occuring, your ordinance requires that to do that you have to have a permit. It seems to be you would not like to set a precedent where you can have individuals coming in, indicating a hardship, and benefiting the landowner. He is in fact avoiding the provisions of the ordinance. I think that is something you have to consider. Councilman Olson- Noted another possibility is for the Mr. Converse to turn the road over to the Town for acceptance. That would not happen overnight. Supervisor Walter- That would require a certain amount of upfront money on Mr. Converse's part because the owner before it is deeded over is requried to do the subsurface work and paving of the road before we can accept it. Councilman Eisenhart-Suggested a 3 months extension, to give Mr. Harris time to fine another location. Supervisor Walter- With out a vote I feel that it is the consensus of the Board that a �-- perminent permit is not forthcoming. Councilman Eisenhart-I would move for a three month permit contingent to the approval of the Building and Zoning Dept. of the Water and Septic System to be determined by the end of this week. RESOLUTION TO DISAPPROVE APPLICATION TO LOCATE MOBILE HOME OUTSIDE FOR MOBILE HOME COURT RESOLUTION NO. 91, Introudced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, Thomas E. and Donna L. Harris have made application in accordance with paragraph 2 (c), 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 QUEENSBURYk WARREN COUNTY, NEW YORK, to locate a mobile home outside of a duly licensed mobile home court at property situated at April Lane Ext., and WHEREAS, it is hereby determined that said Mobile Home would not be on a Town Road, and that said applicant is not the owner of the property and that there is existing non compliance, NOW, THEREFORE BE IT RESOLVED, that pursuant to the provisions of the above mentioned ordinance, the application of Thomas E. and Donna L. Harris to locate a mobile home outside of a duly licensed mobile home court is not approved and that the Town Clerk is hereby authorized and directed to notify the applicant of the decision of this board. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None 124 RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION NO. 92, Introduced by Dr Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, Mr. Thomas E. and Donna L. Harris have made application in accordance with paragraph 2 (A) 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 . outside of a duly licensed mobile home court at property situated at April Lane Ext., 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, therefore be it I RESOLVED, that pursuant to the provisions of the above mentioned ordinance, temporary permission is hereby given to Mr. Thomas E. and Donna L. Harris to locate a mobile home outside of a licensed mobile home court for a period of three months upon approval of the Building and Zoning inspection of the Water and Sewage System before the end of this week, and that the Building and Zoning Dept. is hereby authorized 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 Supervisor Walter-The three month application will be from April 10 through July 10, 1984, if the Water and Septic System is approved by the Building and Zoning Dept. -Ltr. From Residents of Meadowbrook Road between Ridge Street and Quaker Road...Petition also enclosed—on file...Road used for a short cut by vehicles and large trucks...interested in a one way street or dead end road. Mr. Bott-The Road is less than a mile long, it goes from Ridge Street to Quaker Road (Meadowbrook Road). My wife and Mrs. Tyminiski measured the road for width and found the average to be seventeen feet. There are eleven families on the street and sixteen children, the average age of the children is ten years old. We have had one child on his way to school struck by a vehicle. The speed limit on the street is 35 mph and is properly posted by State Law, that does not seem to be a problem. The problem being, that a heavy amount of traffic uses that road as a short cut to Quaker Road. We have a lot of traffic from Regency Park and we get a lot of traffic from the City going to work. The road is not built for taking this traffic. It is not limited to cars, there are a lot of trucks. Noted that Mr. Naylor was not in favor of dead ending the street, noted that it was important for emergency vehicles to have access to the area. We are asking for one way traffic and the elimination of truck traffic. Councilman Eisenhart-Can we designate a road, no trucks? Mr. Bott-I checked with D.O.T. in Albany, a Mr. Bill Logan, and he said that is a legal possibility. You can limit it to trucks with local deliveries. Supervisor Walter-The Town has the ability to set the Street as a one way or to limit the truck traffic. Mr. Bodenweiser-I have been involved in an accident at the corner, if you are going to make it one way, make it one way South. RESOLUTION SETTING PUBLIC HEARING ON ONE WAY TRAFFIC AND LIMITED TRUCK USE OF MEADOWBROOK ROAD FROM RIDGE STREET TO QUAKER ROAD AND AMENDING ORDINANCE NO. 28 j RESOLUTION NO. 93, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: Resolution to be found on page U(.o(forthcoming from Town Counsel) Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes; None Absent: None Mr. Joseph Daire- Commented on the proposed Ward System for the Town of Queensbuj,25 noting that he was not in favor of such action. Ms. Shelly Stamper-presented the Town Board with a petition from the residents of Pinewood Hollow Road requesting a lower speed limit on that street...petition on file... Supervisor Walter- requested that the Town Board also consider when requesting a speed limit for Pinewood Hollow to review the area speed limit in that area of Potter, West Mountain and North and South of Aviation Road. RESOLUTION REQUESTING FEASIBILITY STUDY TO REVIEW SPEED LIMIT RESOLUTION NO. 94, Introduced by Mrs. Frances Walter who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, a petition has been presented by residents of Pinewood Hollow Road who are concerned over the existing speed limit, and c WHEREAS, the Town Board has also expressed their concern for an area speed limit from Potter Road, West Mountain Road, North and South of Aviation Road, NOW, THEREFORE BE IT RESOLVED, that the Town Clerk be authorized to send the proper forms to the Department of Transportation through the Warren County DPW requesting that the speed limit be lowered in the above mentioned areas. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absents None Supervisor Walter-Last Saturday we had in the Town of Queensbury, the Supervisor declared, Mike Himes Day. Mike was the State Wrestling Champion at 167 lbs. This was done in conjunction'with the Mat Rat Wrestling Tournament which was sponsored by the Queensbury T Teachers Association. Noted that there were 500 entrants at the program. This is an i annual event, and grows each year. i Councilman Morrell- They raised in this program two or three thousand dollars for scholarships. Mr. Joseph Diare- Thanked Mrs. Walter for attending a dinner for the South Queensbury Fire Dept. RESOLUTION OF SORROW RESOLUTION NO. 95, Introduced by THE ENTIRE TOWN BOARD: WHEREAS, Mr. Kirkham Cornwell of Queensbury passed away on April 10, 1984, and WHEREAS, Mr. Kirkham Cornwell was appointed-to the Queensbury Zoning Board in the year 1977 and held the position of Chairman of that Board since 1978, and WHEREAS, Mr. Cornwell was instrumental in the development of the existing Zoning Ordinances so important to the growth of Queensbury, and WHEREAS, Mr. Cornwell served the residents of the Town of Queensbury through his countless hours of dedicated ministration, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury wishes to express to Mrs. Cornwell and her family their sympathy on behalf of the Town Board and the Residents of the Town of Queensbury on the untimely passing of Mr. Kirkham Cornwell. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr.'Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None 126 RESOLUTION TO APPROVE AUDIT OF PILLS RESOLUTION NO. 96, Introduced by Mr. Daniel Olson who moved for its adoption seconded by Dr. Charles Eisenhart: RESOVLED, that Audit of Bills as appears on Abstract No. 84-4A and numbered 524 through 795 and totaling $91276.98 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. c Respectfully submitted, ..� Donald A. Chase, Town Clerk RESOLUTION TO SET PUBLIC HEARING ON LOCAL LAWS REGULATING TRAFFIC ON PORTION OF MEADOWBROOK ROAD AND AMENDING ORDINANCE 28 SECTION 2 RESOLUTION NO. 93, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: i WHEREAS, a proposed Local Law to establish one-way traffic on Meadowbrook Road between Quaker Road and Ridge Road, and a Local Law to restrict truck traffic on said Meadowbrook Road, and to amend Ordinance No. 28 Section 2 regarding through traffic on said Meadowbrook Road, copies of which are hereto annexed, has been prepared, and WHEREAS, the proposed Ordinance is worthy of consideration for legislative action, NOW, THEREFORE BE IT RESOLVED, that a public hearing be held concerning the proposed adoption of .._..a' Local Laws and amendment to Ordinance 28 and that said public hearing be held at 7:30 P.M. in the Meeting Room of the Town of Queensbury Office Building, Bay & Haviland Roads in the Town of Queensbury, Warren County, New York on the 24th day of April, 1984 at which all persons interested in the subject thereof will be heard, and it is further RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provide notice of said public hearing as may be required by law. Duly adopted by the following vote: Ayes: Mr. Olson„ Dr. Eisenhart, Mr. Morell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None