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1984-09-25 243 TOWN BOARD MEETING SEPTEMBER 25, 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 MONAHAN PRESS: G.F. Post Star Guests: Mr. Paradis, Mr. Canavan, Ann Abbey TOWN OFFICIALS: Mr. Thomas Flaherty, Mr. Paul Naylor, Mr. Rick Bolton Meeting Opened 7:35 P.M. PUBLIC HEARING ´┐ŻY Proposed Amendment to Local Law Number 1 of 1980 entitled A LOCAL LAW RELATING TO THE CONTROL, CONFINING AND LEASHING OF DOGS--Amending Section 6 - Fees and Procedure for Seizure of Dogs 1. The fee for seizure and impoundment of dogs in violation of Article 7 of the Agriculture and Markets Law and of Paragraph (a) of Section 5 of this Local Law is as follows: a. Ten Dollars plus room and 'boarding charges for the first impoundment of any dog; b. Twenty Dollars plus room and boarding charges for the second impoundment of any dog owned by a person whose dog is seized within one year of the first impoundment. c. Thirty Dollars plus room and boarding charges for the third and any subsequent impoundment of any dog owned by a person whose dog is seized within one year of the first impoundment. HEARING OPENED 7:36 P.M. Supervisor Walter-The amendment relates to the fees being charged, we would be increasing the amount of money that the Town would charge for impoundment of dogs...asked for input from the public... Town Clerk,Donald A. Chase-Reviewed the present procedure of redemption of dogs, being the first impoundment $10.00 the Second $20.00 plus $3.00 per day the Third $30.00 plus $3.00 per day...we are now being charged by the pound $5.00 per day...this amendment will allow the Town to charge the fee for boarding that is being charged to the Town and is also amending the law to allow for the charge for boarding on the first offense... Councilman Eisenhart-It does not seem fair that the entire population of the Town should be paying for the boarding of those people who have dogs that have to be impounded, it seems to me that this is a legitimate charge against the owners of the dogs. Supervisor Walter-Asked for further input, hearing none the public hearing was closed....7:38 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 228, , Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that the Town Board Minutes of September 11, 1984 be and hereby are approved. Duly adopted by the following vote: 244 Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION AUTHORIZING THE SUPERVISOR OF THE TOWN OF QUEENSBURY TO ENTER INTO A COOPERATION AGREEMENT WITH THE COUNTY OF WARREN IN A LAND AND WATER CONSERVATION FUND APPLICATION. RESOLUTION NO. 229 , Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the National Park Service provides grants for recreation improvements P through the Land and Water Conservation Fund Act of 1965 as amended, and WHEREAS, Warren County,' New York, proposes to prepare and submit an application for Federal assistance on behalf of the Town of Queensbury as set forth in the Land and Water Conservation Fund Act of 1965 as amended, and WHEREAS, the application for said grant requires certain certifications to be submitted along with and as part of said application, and NOW, THEREFORE BE IT RESOLVED, by the Town of Queensbury: 1. That the Supervisor of the Town of Queensbury is hereby authorized and directed to enter into a cooperation agreement with the County of Warren for the submission of aforesaid application; 2. That the Supervisor of the Town of Queensbury is hereby authorized and directed to execute such certifications as may be required under the Federal Rules and Regulations as set forth in the Land and Water Conservation Fund Act of 1965 as amended; and 3. That the Town of Queensbury will complete the activities of said application as they apply to the Town of Queensbury in their entirety with local funds before seeking reimbursement for 50% of the total project costs up to the amount specified in said application. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Supervisor Walter-The Warren County Planning Dept. is going to prepare a grant application for funding from this fund. This is for improvements on land that is already owned by the Town, we are looking to find some funds for Gurney Lane. RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 230 , Introduced by Mr. Daniel Olson , who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the Highway Paving Budget has been exceeded, NOW, THEREFORE BE IT RESOLVED, to transfer $7,000.00 from D5130.441 to D5110.462 in order to complete the last 1984 paving project. i' Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None 245 RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 7.31 Introduced by Mrs. Betty Monahan , who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, to transfer $49.00 form A1355.440 to A1355.200 for a new camera for the Assessment Office. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None ,Absent: None RESOLUTION TO AMEND LOCAL LAW NUMBER 1, 1980 CREATING LOCAL LAW NUMBER 6 OF 1984 RESOLUTION NO. 232, 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 public hearing duly published in accordance with the law by the Town Clerk was held on September 25, 1984 at 7:30 P.M. at the Queensbury Town Office Building at which all persons were heard both in favor of and opposed to an amendment to Section 6 of Local Law Number 1 of 1980, X(NN XXXthus establishing LOCAL LAW NUMBER 6, of 1984, NOW THEREFORE BE IT RESOLVED, that Local Law Number 1 of 1980 be amended as follows: SECTION 6 - Fees and Procedures for Seizure of Dogs 1. The fee for seizure and impoundment of dogs in violation of dogs in violationof Article 7 of the Agriculture and Markets Law and of Paragraph (a) of Section 5 of this local law is as follows: a. Ten Dollars plus room and boarding charges for the first impoundment of any dog; b. Twenty Dollars plus room and boarding charges for the second impoundment of any dog owned by a person whose dog is seized within one year of the first impoundment; c. Thirty dollars plus room and boarding charges for the third and any subsequent impoundment of any dog owned by a person whose dog is seized within one year of the first impoundment. 2. The following provisions for seizing a dog shall apply: a. The dog warden or any peace officer shall seize (1) any unlicensed dog whether on or off the owner's premises, (2) any dog not wearing a tag, not identified, and which is not on the owner's premises and (3) any dog found in violation of paragraph (a) of Section 5 of this Local Law. Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law. The dog warden or peace officer may also investigate and report to the town justice of the town any dangerous dog as described in Article 7 of the Agriculture and Markets Law, and see that the order of the town justice in such case is carried out. b. The dog warden or peace officer observing a violation of this local law in his presence shall issue and serve an appearance ticket for such violation. c. Any person who observes a dog in violation of this local law may file a complaint under oath with a town justice of the Town specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this local law. 246 Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None COMMUNICATIONS -Ltr. Fire Marshal Bodenweiser-requesting permission to attend workshop in Albany, New York October 2, 1984 Discussion held-Supervisor Walter-In regard to inspection on schools. Would be t done by the Dept. of Education, perhaps there has been a change in the law and he should find out about it...Councilman Eisenhart-This is germane to his position. Councilman Olson-There are certain inspections that a school is to provide. Maybe it is time we find out whether we are over stepping our bounds. We do not want to over step our bounds and get into a legal obligation...Maybe the attorney could look into this...Councilman Morrell- reviewed the requirements that the school has to have in fire safety... RESOLUTION TO ATTEND WORKSHOP RESOLUTION NO. 233, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that permission is hereby granted to N. W. Bodenweiser, Fire Marshal to attend a workshop on Fire Prevention and Building Code Enforcement in Albany, New York on October 2, 1984 from 9:30 to 4:00 P.M. and be it further RESOLVED, that the Town Board authorizes payment of all reasonable and necessary expenses. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Ltr. - D.O.T. Notice of Order on file- 40 Miles per hour on Big Boom Road and 30 MPH area speed limit East of the Northway bounded by the City and bounded northerly by Weeks Road... Supervisor Walter- Noted that she had received a request from the residents of Rolling Ridge for a lower speed limit... RESOLUTION REQUESTING FEASIBILITY STUDY TO REVIEW SPEED LIMIT RESOLUTION NO. 234, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, residents of Rolling Ridge have approached the Town Board over the existing speed limit on Rolling Ridge, NOW, THEREFORE BE IT RESOLVED, that the Town Clerk be authorized to send the proper form to the Department of Transportation through the Warren County D.P.W. requesting that the speed limit be lowered in Rolling Ridge. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: Dr. Eisenhart Absent: None Discussion held-Councilman Eisenhart-I do not think that up there, that it is needed. There just is not enough straight road to enable someone to get up speed much over thirty...I have no objection to having a study made... 247 Ltr.- DenWilhelm Auto Sales-on file- requested that Election Dist. 13 be moved from their location... Councilman Eisenhart- I have spoken to Mrs. Wilhelm. They do understand that it cannot be changed for the upcoming election but she hopes that we can get something for the future... other election district changes to be made are Dist. 18 to Dist. 10 area the West Mountain Community Church...new location for Dist. 15...Dist. 13 to West Glens Falls Fire Dept......possible use of Robert Gardens for Dist. b -Mobile Home-Ann Abbey of 5 New Pine Street to locate a mobile home on 5 New Pine Street...Ann Abbey was present... Supervisor Walter- I would like to have Town Counsel comment on one aspect of this application in that there are two dwellings on the same lot...house and mobile home... Town Counsel-...normally this is not subject to a permit. I think under the legal theory, that if you have two houses it is tough to show hardship...The difficulty that I have with this case is that both of these units predate the ordinance... Councilman Eisenhart- This is a request to take the old one out and replace it with a new one... Town Counsel- I would like to take a chance to look at that. I think that the law provides that the town may hold a public hearing... Councilman Eisenhart- Ms. Abbey how do you happen to have a house and a mobile home on the same lot? Ms. Abbey- It was my mother's house and then we placed the mobile home to help her out. At present my son lives in the house and I live in the trailer... Councilman Eisenhart- Who owns the property? Ms. Abbey- I do. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 235 , Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, Ann Abbey has 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 outside at property situated at 5 New Pine Street, and WHEREAS, it is hereby determined that said application complies with the requirements of said ordinance, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to justify further consideration by this board, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, the Town Board shall conduct a public hearing on said application on October 9, 1984, at 7:30P.M. in the Queensbury Town Office Building, Bay Road, and that the Town Clerk is hereby authorized and directed to give proper notice of said public hearing in accordance with the provisions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None 248 Supervisor Walter- Ms. Abbey, is the old mobile home there now? Ms. Abbey- Yes Supervisor Walter- What is you time frame in putting the 1985 mobile home on? Ms. Abbey-October 8th... Councilman Monahan- How large is this lot? Ms. Abbey- 150'x150' Discussion held in regard to the acceptance of some new road...Supervisor Walter- because all the information was not ready before tonights meeting, this matter will be taken up at the next meeting, this will allow for the Board Members to look at the new roads... Supervisor Walter- Mr. Flaherty has requested by letter that Mr. VanDusen and himself be allowed to go the the Fall Meeting of the AWWA...questioned if the programs were similiar between the National Conference that they just returned from and the New York State Meeting... Mr. Flaherty- The National Meeting was a one time thing and was on distribution... this is the annual fall meeting... Councilman Eisenhart- Are you on a committee... Mr. Flaherty- Both Mr. VanDusen and myself are on committees... Councilman Eisenhart-You have coverage while you are gone? Mr. Flaherty-Yes. RESOLUTION TO ATTEND MEETING RESOLUTION NO. 236, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that permission is hereby granted to Mr. Thomas Flaherty, Water Superintendent and Mr. Ralph VanDusen, Deputy, to attend the New York State American Water Works Association at Ellenville, New York on October 2nd. through the 5th, 1984 and be it further RESOLVED, that the Town Board authorizes payment of all reasonable and necessary expenses. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Supervisor Walter- Requested a Special Town Board Meeting on October 2nd. at 4:oo P.M. ...The Town Budget will be turned over to the Town Board by Mr. Chase and also the Board may wish to take action on the acceptance of new highways... OPEN FORUM 8:16 P.M. ,J Floyd Pickett-Complained about dogs barking in the Town of Queensbury... Requested that someone be available at night for complaints...noted that the Sheriff's Dept. were not cooperative... Supervisor Walter- Noted that the Board had discussed having the DCO on call... noting that all dog problems do not always fall betwee.. 8:30 a. m. and 4:30 p.m. Questioned if the residents of his area have signed a complaint...about the barking dog? Floyd Pickett-Yes...The dogs are still barking... Supervisor Walter- I will contact Mr. Willett about your problem... Councilman Eisenhart- I think that our only solution is to put our DCO on a call basis... 249 Mr. Jim Canavan-3 Luzerne Place-I would address the Board on the continuing problem with the water on Luzerne Place and BroadAcres Road and Pershing Road. I was told that the water main on those streets were to be replaced, that the Health Dept. declared that those lines were no longer usable and we were to get new mains, and the street paved. The recent project completed at 3:00 P.M. this afternoon, a company lined the mains for a short term cure, at 3:00 P.M. this afternoon a member of the Water Dept. was in the area and he acknowledged that there was still a problem, the water smells and does taste bad. The people from the main lining service advised us that at best this is a temporary solution. Requested that the mains be replaced... Supervisor Walter- When we advertised the BroadAcres Water Dist. it was indicated that there would be areas that would be not completely new pipes, that we would V use lines to keep the cost of the project down...your street was an area where we used the existing mains...with the water pressures from the Town of Queensbury those pipes did take it. We decided to line the pipes, this is a process that we have used in other areas and has worked and solved the problem. The problem that exists now is a temporary problem and will probably last for another couple of days and then you should have good water... Mr. Jim Canavan-Mrs. Walter, you did tell me that evening that we were going to get new mains on our street... Supervisor Walter- If you can find that somewhere I would like to see it... Mr. Jim Canavan- We do not believe that the situation has been resolved, we would like to get on the agenda for a special meeting... Supervisor Walter- It is the decision of the Board not to replace the mains, the J problem has been corrected... Mr. Flaherty, the Gentleman has made a statemen that the Health Dept. has advised that there is a problem. Mr. Flaherty-I have had no communications from the Health Dept. regarding the situation.... Councilman Eisenhart- Is this lining a temporary thing? Mr. Flaherty- No. Noted that in using the old mains when our water was placed in the mains it caused the removal of the deposited iron that was inside the main. We got complaints about dirty or red water as a result of that. We contracted with the main lining corporation to clean the water mains and cement line them. The same process that we used on Garrison Road in 1965-66 and the same process that was used on.Sylvan Avenue five to ten years ago. This is an accepted process, it is standard with the AWWA, it is not a temporary solution. Councilman Morrell- How long does it take to clear itself up? Mr. Flaherty-I would say a week or five days. The people were put on temporary water around Monday of last week, Wednesday the lining company started work... This afternoon we switched the lines over from the temporary service...We have received complaints this afternoon, We have run samples, the taste and odor was a high PH. After receiving the complaints we flushed the mains and it did lower the PH. Noted that the mains would have to be flushed again... Councilman Eisenhart- Mr. Canavan told me that when the lining was being done, it damaged his valve? Mr. Flaherty- That problem was fixed... Mr. Canavan- Wednesday afternoon a man from main lining said that the Town did not take their recommendation and in his words went for a cheap, fast fix... Councilman Monahan- If you can get the owner of the company to give you a written statment about that, then I think you have something to go on... Supervisor Walter-I would like to know exactly when the company ever told us what was the best thing to do. To my knowledge that is not the case at all. Mr. Flaherty- I have dealt with Bud Perkins anti ,Craig Perkins through my 21 years with the Town. They are presently lining -10,000' in Shelburne, N.Y., they pulled off that job to come here to do our job for us... Councilman Monahan- Suggested that Mr. Canavan contract some of the residents on the other streets that had this done several years ago, to see how their water quality is. 250 Mr. Flaherty- Noted that he had spoken to a resident of the area this afternoon that stated that the clarity of water was the best it had been in four years...other than the taste problem... Supervisor Walter- How many people is this affecting? Mr. Flaherty- Approximately 25... Supervisor Walter- Out of a district of 240... Mr. Flaherty- We felt that lining the mains was an answer to the problem and it was the least disruptive to the area... Councilman Monahan- The point is you (Mr. Canavan) are not giving the process a chance to work. You cannot expect water to go through the main in one day and be perfect... Councilman Olson- Mr. Scudder an Engineer was used on the project...the water is being tested... Mr. Flaherty- I have no doubt that once the curing process is completed...the problem will be corrected. Councilman Monahan- Mr. Canavan, watch this for a week. If you still have a problem let us know... Mr. Flaherty- Mr. Canavan, has the color of the water improved since this afternoon? Mr. Canavan- Yes... Mr. Paradis- Homer Avenue-Regarding the Homer Avenue situation. Is that letter we received the final outcome? Supervisor Walter-Mr. Bolton, addressed all of your complaints...a. bathroom facilities-there are none required for that type of business..b. fuel tanks-they were inspected by the Fire Marshal c. buffer zone-we found that the business existed before the 50' buffer zone existed d. the children hazard-the Town has no jurisdiction e. dust and fumes-as far as we know there are no outstanding violations of the Town Ordinances or State Law... Mr. Paradis- Voiced a complaint about the gas tanks........ Supervisor Walter- We will have Mr. Bodenweiser, reinspect the gas tanks... Councilman Eisenhart- Noted that he had visited the site and the complaint abou spray painting...noted that at the time he visited the site they were sandblasting... Supervisor Walter- Regarding Sandblasting complaint-so far, we have found no law that, that activity violates...our Health Officer says it is a nuisance... Mr. Paradise- I still maintain we should be rezoned residential... RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 237, 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. 84-9B and numbered 1732 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 251 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 238, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that the Town Board hereby moves into executive session to discuss personnel matters.. 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