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1984-09-11 234 TOWN BOARD MEETING SEPTEMBER 11, 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 _ PRESS: G.F. Post Star GUESTS: Mrs. Bovee, Mr. & Mrs. Kevin Brown TOWN OFFICIALS: Mr. Paul Naylor, Mr. Rick Bolton MEETING OPENED 7:39 P.M. PUBLIC HEARING Mobile Home Application of Kevin and Jodie Brown of 110 Park Drive, South Glens Falls, N.Y. to locate a mobile home on the corner of Wisconsin and Central Avenue, owner of property Mr. John Dickinson-Building & Zoning Dept.approved the application...NOTICE SHOWN... Councilman Eisenhart- I have looked at the site. There are no mobile homes right there, but there are a number of mobile homes in the area. As far as I am concerned, there is no objection ... Councilman Monahan- I have examined the site and see no problem, that is a lovely big lot... Councilman Eisenhart- Do you think you will ever build there? Mrs. Brown-Maybe... Supervisor Walter- Turned the contract of sale over to the Town Counsel for him to look at. Asked if there was anyone present to speak either in favor of or opposed to the application? No one spoke...The Public Hearing was closed. 7:44 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 216, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that the Town Board Minutes of August 28th 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 DESIGNATING POLLING PLACES FOR VOTER REGISTRATION RESOLUTION NO. 217 , Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, The Warren County Board of Elections has requested that the Town Board of the Town of Queensbury designate the polling places for voter registration, and �3S� WHEREAS, it would appear that providing for three designated places for voter registration would be sufficient to adequately serve the public convenience for voter registration and would result in a monetary savings, NOW, THEREFORE BE IT RESOLVED, that the Town Board approve the designation of three polling places in the Town of Queensbury for voter registration on October 9th and October 13th, 1984 with four election inspectors at West Glens Falls Fire House, Four Inspectors at North Queensbury Fire House and Six Inspectors at the Queensbury Town Office Building. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Councilman Morrell- Questioned the need for more publicity to encourage registering to vote... Supervisor Walter- Noted that the Warren Courty Board of Elections does have monies in their budget for such purposes... RESOLUTION TO APPROVE BINGO LICENSE RESOLUTION NO. 218, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that Bingo License No. 17043 be and hereby is approved allowing Elks Lodge to hold Bingo occasions from October 3, 1984 through March 27, 1985. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Supervisor Walter- Let the record show that there are no Sunday Bingo Occasions... RESOLUTION TO REAPPOINT MEMBER OF ZONING BOARD OF APPEALS RESOLUTION NO. 219 , Introduced by Mrs.. Betty Monahan , who moved for its adoption, seconded by Dr. Charles Eisenhart : WHEREAS, the term of Zoning Board of Appeals member Michael Muller is due to expire on September 14, 1984 and WHEREAS, the Queensbury Town Board wishes to reappoint Mr. Muller to a five year term on the Zoning Board, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Michael Muller of Ridge Road, Queensbury to a, five year term on the Zoning Board of Appeals„ term to expire September 14, 1989. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None � . RESOLUTION TO REAPPOINT MEMBER OF ZONING BOARD OF APPEALS RESOLUTION NO. 220, Introduced by Mrs. Betty Monahan , who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the term of Zoning Board of Appeals member Daniel Griffin is due to expire on September 18, 1984, and WHEREAS, the Queensbury Town Board wishes to reappoint Mr. Griffin to a five year term on the Zoning Board, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Daniel Griffin of Northwest Village, Queensbury to five year term on the Zoning Board of Appeals, term to expire September 18, 1989. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: Nione Absent: None RESOLUTION TO AUTHORIZE APPLICATION FOR FUNDS FROM THE NEW YORK STATE DIVISION FOR YOUTH RESOLUTION NO. 221 , Introduced by Mr. Daniel Morrell , who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town of Queensbury is eligible for funds from the New York State Division for Youth, and WHEREAS, Harold R. Hansen, Recreation Director, has prepared application for the total amount of monies which the Town of Queensbury is applying for in the year 1985 for recreation funds in the amount of $24,000.00 for the administration, supervision and operation of year round recreation programs and activities, NOW, THEREFORE BE IT RESOLVED, that the Town Board authorize Frances J. Walter, Supervisor, to --- sign the indicated applications for submission to the New York State Division for Youth. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs.. Walter Noes: None Absent: None RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 22Z , Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, Kevin & Jodie Brown 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 QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home at property situated at the corner of Wisconsin and Central Avenues , and WHEREAS, this Town Board has conducted a public hearing in connection with said application and has heard all persons desiring to be heard in favor of or against said application, and WHEREAS, it is hereby determined that the facts presented in said application and at said public hearing are sufficient to authorize the issuance of the permit requested by said application, NOW, THEREFORE BE IT 237 RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Kevin and Jodie Brown to locate a mobile home at property situated at the corner of Wisconsin and Central Avenues and that the Building Inspector 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 — Town Counsel-I have reviewed the contract and it appears to be a standard installment sales contract.„ Supervisor Walter- We now have two resolutions I would like to bring before the Board regarding the Town of Queensbury's interest in negotiating with the possibility of contracting with the Adirondack Resource Recovery. The two resolutions are resolutions of intent, one being that we are interested in being a part of the project and the second is our interest in looking into the possibility of operating a landfill for the residue. Councilman Olson- The resolution appears to me that we are in good faith investigating the proposals. Supervisor Walter- We have had discussions with representatives of Adirondack Resourse Recovery. I have been involved in meetings for several months, but we have done nothing formal, or disinterested. If the Town Board passes such resolutions it would show the interest on the part of this Board into investigating all possibilities. Since contract terms are not on the table this does not bind US. RESOLUTION TO AUTHORIZE THE SUPERVISOR OF THE TOWN OF QUEENSBURY TO ENTER INTO NEGOTIATIONS CONCERNING THE POSSIBILITY OF CONTRACTING WITH ADIRONDACK RESOURCE RECOVERY CORPORATION AND THE BABCOCK & WILCOX COMPANY FOR THE DISPOSAL OF SOLID WASTE GENERATED WITHIN THE TOWN OF QUEENSBURY RESOLUTION NO. ZZ3, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury has been concerned with the effective and environmentally sound method of disposing of the refuse and garbage generated in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has received a presentation and project proposal for a joint venture comprised of Adirondack Resource Recovery Corporation and the Babcock & Wilcox Company pursuant to which such companies would privately design„ finance, construct, own, and operate a resource recovery facility within Washington County, and WHEREAS, representatives of Adirondack Resource Recovery Corporation have stated in their discussions with the Town Board of the Town of Queensbury that an anticipated tipping fee of TEN DOLLARS ($10.00) per ton or less has been projected for the initial operating costs to the residents of the Town of Queensbury for such project (exclusive of transportation costs), and WHEREAS, the Town Board of the Town of Queensbury is desirous of obtaining further information and specifications regarding the cost of the aforesaid project, NOW, THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury shall and she hereby does have the authority to investigate further the proposal which has been presented by Adirondack Resource Recovery Corporation and Babcock and Wilcox Company, and 238 BE IT FURTHER RESOLVED, that the Supervisor of the Town of Queensbury shall and she hereby does have the authority to negotiate with Adirondack Resource Recovery Corporation and Babcock and Wilcox Company in furtherance of the possibility of entering into a contractual relationship which, among other matters, would commit the Town of Queensbury to deliver to the said resource recovery facility a fixed amount of garbage generated within the Town of Queensbury for a specific number of years and for such other and further matters which may be a part of said contract. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None �1 Councilman Olson-I think it is a good resolution, it spells it out very clearly. Councilman Monahan- This looks as if this will be the wave of the future. Councilman Eisenhart-The longer we wait the more it will cost. RESOLUTION TO AUTHORIZE THE TOWN SUPERVISOR OF THE TOWN OF QUEENSBURY TO ENTER INTO NEGOTIATIONS WITH ADIRONDACK RESOURCE RECOVERY CORPORATION AND BABCOCK & WILCOX COMPANY FOR THE OPERATION OF A SANITARY LANDFILL TO BE USED IN CONNECTION WITH THE RESOURCE RECOVERY FACILITY DESCRIBED IN RESOLUTION NO. ZZ3 of 1984 RESOLUTION NO. ZZ4, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the Town Board of the Town of Queensbury has received and.reviewed a presentation and project proposal from a joint venture comprised of Adirondack Resource Recovery Corporation and Babcock & Wilcox Company pursuant to which such companies would privately design, finance, construct, own, and operate a resource recovery facility in Washington County, and WHEREAS, the said resource recovery system as proposed requires a permitted sanitary landfill for disposal of residual waste and as a backup disposal facility for the resource recovery system, and WHEREAS, the Town Board of the Town of Queensbury believes it is in the interest of the citizens of the Town of Queensbury to investigate and explore the possibilities of siting and operating a sanitary landfill within the Town of Queensbury in conjunction with the operation of the aforesaid resource recovery system, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to commence contract negotiations with Adirondack Resource Recovery Corporation and Babcock & Wilcox Company in furtherance of the possibility of entering into a contractual relationship for the construction, design, maintenance and operation of a permitted sanitary landfill to be operated in the Town of Queensbury' in conjunction with the aforesaid resource recovery f acility. -� Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None F,bsent: None (Discussion held in regard to resource recovery...Councilman Monahan-noted that even with resource recovery there is still ash. Not everthing can be burned... Councilman Olson- Residents of Queensbury should not get the idea that we are opening another landfill, because we are not. If anything, there will be less material going in there...) 239 COMMUNICATIONS -Ltr. Bay Ridge Fire Co.-new member James Taylor on file... REPORTS -Town Clerk-Month of August 1984 -Building & Zoning-Month of Augsut 1984 (Discussion held in regard to Dog License fees...Councilman Eisenhart- I think that the Board should look at raising the fees...it is not fair for the rest of the residents of Queensbury to pay for the care of someone elses dogs...It was suggested to amend the 1980 Local Law Number 1 as follows: 1st. redemption $10.00 plus room and board 2nd. redemption $20.00 plus room and board and _ 3rd. and subsequent redemptions $30.00 plus room and board... RESOLUTION SETTING PUBLIC HEARING RESOLUTION NO. 225, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: (Resolution forthcoming from Town Counsel to be found on page 252. ) Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None OPEN FORUM 8:12 P.M. Mr. Thomas Harris- I would like to ask for an extension on my temporary Mobile Home permit on 235 Warren Lane...noted that he had run into financial difficulty in placing his mobile home on the approved lot...Noted that he had placed in the electrical service in preparation for the placement of the mobile home but was not at this time financially able to afford the septic system... (Discussion held- it was decided by the entire Town Board to allow for the extension and as suggested by the Assistant Building Inspector, the permit will be good until May 15, 1985.) RESOLUTION TO APPROVE TEMPORARY MOBILE HOME PERMIT RESOLUTION NO. 226, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, a temporary mobile home permit was granted to a Mr. Thomas E. Harris on April Lane, the temporary permit to expire on September 1, 1984, and WHEREAS, Mr. Thomas Harris has approached the Town Board requesting another extension of the temporary permit, NOW, THEREFORE BE IT RESOLVED, that a temporary mobile home permit extension be granted to Mr. Thomas Harris on April Lane, Town of Queensbury and be it further RESOLVED, that the extension shall run until May 15, 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-Read the following letter: Sept. 11, 1984 To The Members of the Queensbury Town Board; On October 5, 1984, we the undersigned attended a meeting with the Queensbury 240 Planning Board and they advised us to itemize the complaints we have concerning Dale Granger & Sons-Business #1 and Richard Lee & Sons, the only two businesses on Homer Ave.-Business #2. They are as follows: 1. To our knowledge there is no plumbing facilities on the premises, this means there is no bathroom. We have observed these people urinating by trucks and equipment and also going into the bushes with paper. When they return from the buses they have no paper and are generally zipping up. This poses a health hazzard to the adjoining neighbors to say nothing of the odor. 2. The dust and fumes created by heavy equipment, burning of trash and blacktop debris is most of the time unbearable. This is a hazzard to everyone in the neighborhood but especially harmful to those of us with allergies. These people also skid in and out of the Granger property continously throughout the clay and there seems to be dust covering our homes cars and lungs non-stop. 3. There are gasoline tanks stored above ground with only dirt on top and cement blocks in front; one is totaly above ground. We cannot believe this is safe. Visible to our front windows are usually dump trucks-backhoe-loader-Equipment carrier-paver-blacktop roller & paving machine-storage trailer-steel girders-cement blocks-old lumber-fuel tanks-unregistered car-boat for sale-piles of stone and dirt-barrels and other debris. They also do sandblasting and spray painting. 4. The noise created by workers begins about 6 A.M. and continues most of the time until after midnight including weekends. Whatever they are using creates a lot of noise and interference on radio and TV. When they stop working so does our radio & TV reception problems so we are 99% sure that their machinery is responsible for the problem. 5. According to an article in the Post Star the people of Homer Ave. are protected by a 50 foot buffer zone, yet Grangers workers have put some kind of storage trailer, girders, barrel, etc. within two feet of Mrs. Paradis's property this summer. So how are we protected. 1. Re: business No. 2, There are large piles of dirt that they are continously moving in and otu which causes a lot of dust and dirt, again we are forced to close up our homes. Z. There are children usually riding their bikes up and down these piles along with playing in them. This is very dangerous for our children as with loads of sand coming and going at all times they could have a load of dirt dumped on them to say nothing of the injuries they could receive riding up and down those piles of dirt. 3. These businesses are primarily engaged in the use of heavy equipment which is coming and going throughout the day on a street that is posted 2 ton weight limit. Again the dust, dirt and fumes is sometimes unbearable. 4. It is not our desire to keep complaining to this Board but if we must we will do so until something permanent is done to correct these matters. Joseph L. Paradis Alphonsine Paradis Beverly Bovee Jeanne Smith Councilman Eisenhart-It seems to me that this is something that our building department should investigate and report back to us or issue summons if necessary. Councilman Olson- Are the gas tanks above ground? Mrs. Bovee- One is and the other isn't. Noted that they do spray paint in the area... Councilman Olson- Requested that the Town Clerk give, a copy of this letter to the Building Dept. so they can investigate the situation, and report back to US. Supervisor Walter- We will direct the staff to look into the complaints to see if there are any violations. Unknown- Does the heavy equipment belong in this zone? Mr. Bolton- I will check into that...I will visit the site at different times of the day... i 24.1 Unknown- Asked if he could contact Mr. Bolton at night when there seems to be a violation going on... Mr. Bolton- Noted that some arrangement could be worked out... Mrs. Bovee-Several years ago the neighbors made a petition to the Board to establish a weight limit on Homer Avenue, questioned if the weight limit was legal...noted that a local sheriff had told them that the Town Counsel had said it was not legal... Supervisor Walter- Noted that she would look into this ... Mr. Naylor- Notified the residents that if the sign is found to be illegally placed it will be taken down. Supervisor Walter- Our Town Counsel has indicated that he has not made any comments regarding the legality of that sign... RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 227, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that Audit of Bills as appears on Abstract No. 84-9 and numbered 1554 through 1722 and totaling $149,903.48 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk t 242 RESOLUTION TO SET PUBLIC HEARING ON THE AMENDMENT OF LOCAL LAW NUMBER 1 OF 1980 RELATING TO THE CONTROL, CONFINING AND LEASHING OF DOGS RESOLUTION NO. 225, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the Town Board of the Town of Queensbury finds that the fees for room and boarding charges under Local Law Number 1 of 1980 do not reimburse the Town for the sums expended for such charges, and WHEREAS, a proposed amendment to such Local Law setting forth the fees for room and boarding charges for dogs seized and impounded as a result of a violation of Local Law Number 1 of 1980, has been prepared, and �J WHEREAS, the proposed Local Law is worthy of consideration for legislative action, now, therefore, be it RESOLVED, that a public hearing be held concerning the proposed adoption of said Local Law and that said public hearing be held at 7:30 P.M. in the Meeting Room of the Town of Queensbury Office Building, Bay & Haviland Roads, in the Town of Queensbury, Warren County, New York on the 25th day of September 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. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None