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1983-05-24 173 Q'UEENSBURY TOWN BOARD MEETING MAY 24 , 1983 TOWN BOARD MEMBERS MRS . FRANCES WALTER—SUPERVISOR MR. DANIEL OLSON—COUNCILMAN DR. CHARLES EISENHART—COUNCILMAN MR. DANIEL MORRELL—COUNCILMAN MRS. BETTY MONAHAN' COUNCILMAN a MR. WILSON MATHIAS—TOWN COUNSEL_ i PRESS : G. F. POST STAR, WBZA GUESTS : MR. 8 MRS. BAPP , MR. MURRAY , MR. RYDER , MRS. RYDER, MR. ADAMSON MR. TURNBULL , MR. DAIRE , LEAGUE OF WOMEN VOTERS TOWN OFFICIALS AND GUESTS : MR. PAUL NAYLOR, MR. MISSITA , MR. LYNN , MR. DEAN , MR. FLAHERTY , DR. DIER, MR. LAPHAM PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MORRELL MEETING OPENED 7 :38 P. M. QUEENSBURY BOARD OF HEALTH ! PUBLIC HEARING — MR. HOMER ECKERSON — OGDEN ROAD— NOTICE SHOWN 7 : 39 P. M. SUPERVISOR WALTER—THE PUBLIC HEARING IS REGARDING THE MOBILE HOME OF HOMER ECKERSON , WHICH IS ON OGDEN ROAD. THE LETTER THAT WE HAVE RECEIVED REGARDING TH3S PARTICULAR MOBILE HOME AS A HEALTH HAZARD IN THE NEIGHBORHOOD AND ALSO UNFIT FOR HABITATION. I WOULD LIKE TO INFORM THE BOARD THAT AFTER SETTING THE PUBLIC HEARING LAST WEEK THAT A REGISTERED LETTER WENT OUT TO MR. ECKERSON AND WE RECEIVED A RECEIPT THAT HE HAD RECEIVED A LETTER. I ASSUME MR. CHASE , THAT THIS HAS BEEN LEGALLY ADVERTISED`•IN THE PAPER AS A PUBLIC HEARING? MR. CHASE- YES i i SUPERVISOR WALTER— IS THERE ANYONE HERE WHO WOULD LIKE TO SPEAK ON BEHALF OF MR. ECKERSON OR ANYONE HERE FROM THE NEIGHBORHOOD THAT WOULD LIKE TO BE HEARD?'j THIS IS A PUBLIC HEARING , SO I WILL ASK YOU TO GIVE YOUR NAME AND ADDRESS FOR THE RECORD. i RICHARD BAPP—I LIVE ON OGDEN ROAD, AS FAR AS THIS LETTER GETTING TO MR. ECKERSON , I WOULD SAY THAT HE PROBABLY GOT IT , I BELIEVE HE DOES NOT UNDERSTAND WHAT IT SAYS. THE PLACE IS CAVED IN.4 THERE IS NO POWER , NO TOILET FACILITIES , NO WATERjTHE ONLY THING HE HASH IS JUST A PLACE BARELY TO GET IN OUT OF THE WEATHER. r SUPERVISOR WALTER— YOU LIVE ON OGDEN ROAD SO THAT YOU ARE IN THE PROXIMITY TO MR. ECKERSON? RICHARD BAPP— YES , I USED TO GO THERE AND HELP TAKE CARE OF THEM WHEN THE MOTHER WAS ALIVE AND START THE FURNACE IN THE WINTER TIME. . . SUPERVISOR WALTER- THE MOBILE HOME WAS HIT WITH A FIRE? MR. BAPP— NO IT CAVED IN THIS PAST WINTER HE WAS NOT LIVING THERE . . . HE WAS NOT LIVING THERE WHEN IT CAVED INS THE SNOW JUST BUILT UP ON THE ROOF. SUPERVISOR WALTER— I HAVE BEEN OUT THERE , I WOULD HOPE THAT THE BOARD HAD AN OPPORTUNITY TO GET THERE. COUNCILMAN EISENHART-- MOST OF IT CAVED IN , IT IS JUST A WRECK. COUNCILMAN OLSON— I WAS OUT THERE OVER A YEAR AGO WITH THE HEALTH OFFICER, I A NURSE FROM THE HEALTH DEPT. OF WARREN COUNTY TRYING TO GET HIM OUT OF THERE. YOU DO NOT KNOW WHERE HE WENT LAST WINTER? MR. BAPP— I HAVE NO IDEA. IT WAS SOMEPLACE CLOSE BECAUSE I SAW HIM DOWNSTREET f SUPERVISOR WALTER— WE HAVE MR. LAPHAM FROM WARREN -COUNTY SOCIAL SERVICES , MR. LAPHAM, COULD YOU ANSWER THAT QUESTION? MR. LAPHAM, YES,. LAST FALL MR. ECKERSON HAD A FIRE IN THE TRAILER AND THE FIRE FfGHTERS CAME AND WERE IMPEDED BY HIM, AT LEAST THIS IS WHAT WAS f i i 04 ALLEGED. I THINK MR. ECKERSON PANICKED AND DID GET IN THEIR WAY SOMEWHAT AND THEREFOR AT THAT TIME THE MATTER WAS DISPOSED OF HERE IN COURT. AT THAT PARTxCULAR TIME] HE WAS QFFERED / DTSCHARGE. OF THE MATTER BY GOING TO THE COUNTY HOME , WHICH I URGED HIM TO DO. HE DID NOT WANT TO DO THAT , IT WAS A FEW MONTHS AFTER THAT WE STARTING PLACING HIM IN VARIOUS j PLACES , MOTELS , ROOM AND BOARD PL'IACESj INI_ THE INTERIMjIN FEBRUARY, THE ROOF COLLAPSED IN THE TRAILER AND ULTIMATELY HE RETURNED TO THE SOUTH END OF THE TRAILER. . . AND HE HAS BEEN THERE EVER SINCE . HE HAS TALKED WITH ME ON THE PHONE SEVERAL TIMES, HE IS ANXIOUS TO HAVE THE PROPERTY CLEANED UP. ON BEHALF } OF HOMER ECKERSON , ON BEHALF OF MY DEPARTMENT OF SOCIAL SERVICES WE WOULD TRY VERY HARD TO AGAIN PERSUADE HIM ,EITHER THE COUNTY HOME OR SOME SUITABLE LIVING QUARTERS FOR HIM. i AM HOPING TO CLOSE THIS CHAPTER DOWN. . . SUPERVISOR WALTER— YOU HAVE BEEN VERY HELPFUL TO MR. ECKERSON , THERE IS SOME RESISTANCE ON HIS PART, THAT IS WHY HE KEEPS GOING BACK? 11 i MR. LAPHAM— THERE IS A GREAT DEAL OF DISCUSSION ABOUT HIM, HE IS NOT RESISTINGjHE LIVES TO BE INDEPENDENT] HE HAS A LOT OF PRLDE BUT UNFORTUNATELY HE CANNOT REALLY FUNCTION AND PROVIDE FOR ALL HIS NEEDS. HE CAN ' T PROVIDE HIS OWN PERSONAL NEEDS SOMETIMES . HIS MANAGEMENT OF MONEY IS VERY POOR, WE HAVE BEEN ABLE TO WORK THAT OUT. HE DOES NEED .A LOT OF HELP. BUT I THINK FIRST AND FOFEMOST. . . COUNCILMAN OLSON— I HAVE GOT A QUESTION FOR SOCIAL SERVICES , HAVE_- WE GOT THE CART BEFORE THE HORSE IN THIS SITUATION , THE REQUEST IS THAT WE CONDEMN THE PROPERTY WHICH I THINK SHOULD HAVE'-SEEN :'.I CONDEMNED A YEAR AND A HALF AGO. THE MAN IS LIVING THEREjIF WE CONDEMN THE PROPERTY AND HAVE OUR HIGHWAY DEPT. REMOVE THE BUILDINGS AND CLEAN IT UPS WHERE IS THE MAN GOING TO LIVE THEN , IN THE PINE TREES? ? THINK WHEN YOU GET HIM OUT OF THE PREMISES , I DO NOT THINK WE CAN DO YOUR WORK FOR YOU ,YOU HAVE TO TAKE CARE OF THE INDIVIDUAL)lHAT IS YOUR POSITION AND YOUR RESPONSIBILITY IN SOCIAL SERVICES. WE CAN TAKE CARE OF THE PROPERTY WHICH WE ' CAN DO AS A BOARD OF I HEALTH—AS I SEE IT AS AN UNSAFE STRUCTURE OR SOMETHING THAT IS DANGEROUS TO THE NEIGHBORHOOD WHICH THIS CERTAINLY ISJ THERE IS NO QUESTION ABOUT IT. MR. BAPP IS HERE AND THE OTHER GENTLEMEN WHO LIVES NEXT DOOR TO HIM , I CANNOT j REMEMBER YOUR NAME , I KNOW YOU LIVE JUST DOWN FROM THERE I SPOKE TO YOU A YEAR OR SO AGO. I THINK IF YOUR PEOPLE COULD FIND HIM A HOME AND GET HIM AWAY FROM THE PROPERTYOTHEN WE COULD MOVE IN AND I DO NOT THINK THERE WOULn BE ANY PROBLEMS, BUT WHAT IS GOING TO HAPPEN TO HIM? i MR. LAPHAM— I AM ADVOCATING THAT WE DO NOT MOVE HIM UNTIL WE HAVE A PLACE, I AM STATING THIS EXTREMELY STONGLY VERY , VERY STRONGLY-I HAVE BEEN THREE YEARS ON THIS PARTICULAR CASE-T CAN MOVE HIM AND TRY AND FIND HIM A PLACE TO LIVE , I CANNOT MAKE HIM STAY THERE NOR CAN I BE THERE AND MAKE SURE HE CAN STAY THERE. HE HIMSELF IS GOING TO HAVE TO MANAGE HIS OWN AFFAIRS SO THAT HE WILL STAY, HE HAS BEEN MOVED MANY TIMES AND I HAVE HELPED HIM TO MOVE. I AM NOT SAYING JUST THROW HIM OUT BEFORE WE HAVE A I PLACE FOR HIM TO LIVE. j COUNCILMAN OLSON— SO WHAT YOU ARE ASKING US TO DO THEN IS LOOK AT THE PROJECT AS CONDEMNING THE PROPERTY CONTINGENT ON THE FACT THAT YOU HAVE HIMv'OUT OF THE PROPERTY FIRST.I I HAVE SEEN HIM MOVE HIMSELF DOWN THE STREET A COUPLE OF TIMES AND ONE TIME I GAVE HIM A RIDE HOME MYSELF ON A SATURDAY AFTERNOON. MR. RUSSELL—IT :SEEMS TO ME AT WE TALKED TO SOMEONE, MR. LYNN AT ONE TIME] AND THE PROPERTY WAS CONDEJ FOR NOT ONLY THIS YEAR BUT LAST YEAR ALSO COUNCILMAN EISENHART— WE CLEANED UP AROUND IT AND TOOK UP THE GARBAGE. . . COUNCILMAN MORRELL— IT WAS A HEALTH HAZARD AND WE MET AS THE BOARD OF HEALTH BEFORE , CONCERNING THE TRASH THAT HAD BUILT UP THERE] IT WAS DETERMINED THAT WE WOULD CLEAN UP THE TRASH AND ASSESS THE PROPERTY. . . f s COUNCILMAN OLSON— THAT WAS ABOUT A YEAR AGO THIS SPRING. COUNCILMAN MORRELL— MY QUESTION IS , DOES MR. ECKERSON STILL OWN THE PROPERTY? 1 ARE HIS TAXES PAID? IS IT STILL IN HIS NAME? y MR. LAPHAM— THE DEED TO THE PROPERTY IS NOT IN HIS NAME IT IS IN HIS MOTHER'S OR FATHER'S OR BOTH. COUNCILMAN MORRELL— WHO ARE BOTH DECEASED. . . .W.HAT WOULD PRECLUDE HIM FROM MOVING BACK THERE AND BUILDING A LITTLE SHACK OR TENT? SUPERVISOR WALTER— IF HE BUILT A SHACK, THAT WOULD BE UNDER THE BUILDING CODE. I THINK WHAT WE SHOULD BE AWARE OF ISjTHAT THE ACTION OFTTHE bWN 1 175 BOARD WOULD TAKE THIS EVENING IN DECLARING THAT IT IS UNFIT FOR HUMAN' HABITATION AND IT IS A HEALTH HAZARD. MR. OLSON IS RIGHT IN SAYING, WHAT WE ARE TALKING ABOUT AS FAR AS MR. LAPHAM SOUNDS KIND OF CRASS$ BUT I THINK THAT THIS BOARD WANTS TO BE ASSURED THAT THE GENTLEMEN HAS SOMEWHERE TO GO AND THAT HE WILL NOT BE LIVING UNDER THE PTNESOTHAT WOULD ONLY BE UNDER HIS OWN CHOICE.C HE WOULD L BE GIVEN SHELTER UNDER THE AUSPICES OF THE SOCIAL SERVICES DEPT . OF WARREN CO. MR. RUSSELL DID YOU HAVE SOMETHING YOU WANTED TO ADD TO THE TESTIMONY OF THIS PUBLIC HEARING? MR. RUSSELL- HE WOULD BE MORE LIKELY TO TEAR DOWN A BUILDING-HE :I''S-'NmT THE TYPE TO BUILD. ..'. IT IS THE FIRES THAT WORRY ME , ME BEING IN A WHEEL CHAIR AND MY GIRLS ARE VERY HARD TO WAKE UP--IF THERE IS EVER A FIRE THERE WE COULD NOT GET OUTS WE ARE SURROUNDED BY PINE TREES. SUPERVISOR WALTER- I WOULD PREFER BEFORE WE DECIDE WHAT TYPE OF ACTION �- TO TAKE� TO GET WHAT EVER TESTIMONY WE HAVE FROM THOSE PEOPLE WHO WISH TO SPEAK . WHY ARE YOU WORRIED ABOUT A FIRE? MR. RUSSELL- BECAUSE HE IS ALWAYS STARTING THEM, HE HAD ONE JUST THE OTHER DAY THERE. COUNCILMAN EISENHART- INSIDE , OUTSIDE? MR. RUSSELL- WELL THE FIRST ONE LAST WINTER WAS FRIGHT IN FRONT OF THE TRAILER/ MAYBE A FOOT FROM IT AND IT WENT RIGHT UP THE TRAILER , THE OTHER DAY HE HAD ONE AT THE FURTHER END, BURNING TRASH , TRASH IS ALL OVER THE PLACE. COUNCILMAN OLSON- THERE IS NO ELECTRICITY? MR. RUSSELL- NO COUNCILMAN OLSON- I KNOW THERE WAS NOT A YEAR AGO THIS SPRING. . . MRS. RICHARD BAPP-WE LIVE IN A DIAGONAL LINE FROM THE 'TRAILER I AM A REGISTER® PROFESSIONAL NURSE AND AS A PROFESSIONAL NURSE I AM ACUTELY AWARE OF THE SITUATION OF MR. ECKERSON. HE DOES THROW HIS GARBAGE AND TRASH JUST OUTSIDE THE TRAILER IN A HUGH PILE AND SOMETIMES HE HAS A FIVE FOOT HIGH FIRES WHICH HE THROWS MORE BOXES ON TOP OF. HE HAS TORN HIS TRAILER APART LOOKING FOR LEAKS IN HIS WATER PIPES , HE HAS NO WATER NOW. HE HAS POOR PERSON* HYGIENE BECAUSE HE HASN 'T GOT ANY WATER. HE HAS A VERY SHORT ATTENTION SPAN SOMETIMES HE CAN 'T ACCOMPLISH A TASK AND STICK TO IT AND COMPLETE IT. HE THREW HIS REFRIGERATOR, HE THREW HIS STOVE OUT. HE STARTED A FIRE LAST FALL I WENT OVER TO IT AND SAW WHEN HE DID ITS WENT UNDER THE TRAILER AND IN-FRONT OF IT. THE POLLCE DEPT. CAME AND THE FTRE DEPT. CAME , HOMER LOCKED HIMSELF INTO THE TRAILER. I THINK HE WAS AFRAID OF THE LIGHTS AND THE PEOPLE SHOUTING, HE GETS FRIGHTENED, HE IS LTKE A CHILD SOMETIMES. HE LOCKED HIMSELF INTO THE TRAILER AND THEY COULD NOT GET HIM OUT , THE FIRE DEPT. TRIED TO GET HOMER OUT AND THEY COULD NOS FINALLY THEY HAD THE QUEENSBURY POLICE AND THEY CAME AND THEY HAD TO BREAK THE DOOR IN TO GET HOMER OUT, AND THEY TOOK HIM AWAY. . . .THE WINDOWS WERE BROKEN OUT OF THE TRAILER BY CHILDREN BUT HE CONTINUED TO LIVE THERE UNTIL THE WINTER WHEN IT WAS NOT FEASIBLE TO LIVE THERE AND HE WAS REMOVED. DURING THE WINTER THE TRAILe R COLLAPSED , THE ROOF COLLAPSED IT IS NOTHING BUT A SHELL , THERE ARE NO LIGHTS , NO ELECTRICITY, NO RUNNING WATERjTHEBE ARE NO WINDOW PANES , HE ONLY HAS A VERY SMALL PORTION AND I DO NOT KNOW HOW SAFE THAT IS. HE IS A CHAIN SMOKER, HE IS CONSTANTLY STARTING BON FIRES-MR. RUSSELL `�✓ HAS A VERY REAL CONCERN HERE WHEN YOU CONSIDER THE FACT THAT HOMER LIVES RIGHT NEXT DOOR TO HIM, WITH THE PINE TREES AROUND AND THE GARBAGE AROUND. HE COULD BE INVOLVED IN A FIRE AND HE WOULD NOT BE ABLE TO GET OUT NOR WOULD HIS CHILDREN BE ABLE TO GET OUT OF THAT HOME . WE AS NEIGHBORS ARE I, VERY CONCERNED ABOUT THIS. HIS GARBAGE BLOWS OVER INTO OUR YARDS , WE ARE TAX PAYERS AND WE DO NOT WANT THE GARBAGE IN OUR YARDS. IT COLLECTS, I WOULD EXPECT RATS? I WOULD NOT BE SURPRISED. WHAT HE DOES FOR A TOILET) I WOULD HAVE NO IDEAoHE HAS NO OUTDOOR FACILITIES , HE HAS NO INDOOR FACILITIES. I KNOW WE SPEAK OF HOMER' S CIVIL RIGHTS AND THE RIGHT OF HOMER TO REJECT GOING SOMEWHERE.SBUT TO ME HOMER HAS THE RIGHT TO BE TAKEN CARE OF. . TO HAVE A CLEAN PLACE TO LIVE AND PROPER FOOD AND PROPER SUPERVISION HE NEEDS SUPERVISIONJHE DOESN ' T NEED TRAINED NURSING CARE, HE NEEDS SUPERVISION BUT I CANNOT SEE HOW HE CAN MAINTAIN A LIFESTYLE THERE, IT IS A DANGER TO HIMSELF AND TO THE NEIGHBORHOOD. SUPERVISOR WALTER-' IS THERE ANYONE ELSE THAT WOULD LIKE TO GIVE TESTIMONY? ! I WOULD ASK MR. LYNN FROM BUILDING E ZONING , YOU HAVEININSPECTED THE 176 PREMISES AS OF SEVERAL YEARS AGO , I DO NOT WANT TO LEAD YOU , WHAT WOULD YOU SAY THE CONDITION OF IT WAS FROM NOW . MR. LYNN- THE BUILDING IS COMPLETELY UNINHABITABLE-WE HAVE BEEN WORKING WITH MR. LAPHAM FOR A COUPLE OF YEARS. BEFORE MACK CAME ONjI WAS WORKING WITH MR. LAPHAM AND WHEN MACK CAME ON WE HAVE BEEN WORKING WITH HIM TO TRY AND STRAIGHTEN THE SITUATION OUT IN THE BEST MANNER POSSIBLE. THIS IS THE CULMINATION OF ALL THAT PROBLEM. SUPERVISOR WALTER- HAS THE SITUATION DETERRORATED? MR. LYNN- IT HAS GONE FROM BAD TO WORSE , ITS ALL DOWN HILL . COUNCILMAN OLSON- ITS CAVED IN . MR. LYNN- IT IS REALLY A PROBLEMjI THINK WE HAVE TO CONSIDER THE WELFARE OF THE NEIGHBORS.)THAT IS A VERY IMPORTANT PROBLEM THAT WE HAVE . SUPERVISOR WALTER- THANK YOU. WE ALSO HEARD FROM OUR HEALTH OFFICER DR. JOHN DIER, DR. DIER WOULD YOU WANT TO ADD ANYTHING':'TO THE TESTIMONY AT TiIS TIME? DR. DIER- I THINK THAT EVERTHING NEEDS TO BE SAID HAS BEEN SAIDjIF THERE ARE ANY SPECIFIC QUESTIONS ABOUT THIS BEING A HEALTH HAZARD I WOULD TRY AND ANSWER THEM BUT THIS IS FAIRLY OBVIOUS . COUNCILMAN OLSON- I HAVE TWO QUESTIONS , WE HAVE A CONDITION THAT WE KNOW IS A HEALTH HAZARD, IT IS A NUISANCE TO THE NEIGHBORSaIT IS NOT SAFE FOR THE CHILDREN IN THE AREA AND THE PEOPLE THAT LIVE THERE. BUT , WE ALSO HAVE A MAN THERE THAT DOES NOT HAVE TO BE RESTRAINED I WOULD NOT SAYS BUT HE NEEDS ATTENTION . AS YOU TWO PEOPLEjTHAT WORK IN THIS FIELD EVERY DAY, DO YOU HAVE A PLAN THAT YOU CAN TAKE CARE OF THE MAN -AND REMOVE HIM', TO ADEQUATE HOUSING AND TRY TO GET HIM. . . THERE IS NO QUESTION WE HAVE TO DO SOMETHING WITH THE PROPERTY WE HAVE GOT TO DO IT SOON. DR. DIER-. . .THE ONLY WAY YOU COULD MAKE HIM DO SOMETHING WOULD BE TO HAVE HIM DECLARED INCOMPE'DENT MENTALLY AND CERTAINLY AS HEALTH OFFICER I DO NOT FEEL THAT IS MY ROLE AS FAR AS MAKING HIM�THAT IS THE ONLY WAY I KNOW LEGALLY, TO PUT HIM SOMEWHERE. SUPERVISOR WALTER- I THINK WE WERE INTERESTED IN THE FIRST QUESTION THAT WAS ASKED TO YOU MR. LAPHAM , THAT HE HAD AN OPTION . MR. LAPHAM- PROBABLY THE BEST ANSWER I SEE, ONE OF THE CONCRETE THINGS THAT I HAVE DONE I WAS ABLE TO GET HIS MONEY WITHOUT HIS PERMISSION THROUGH THE DOCTORS RECOMMENDATION AND THE SOCIAL SECURITY ADMINISTRATION IT HAS BEEN PUT IN THE HANDS OF SOMEONE TO MANAGE HIS MONEY , iHE !:HG('S ACCEPTED THIS AND BECAUSE OF THIS WE CAN PAY A LANDLORD, PAY A PROPERTY OWNER FOR HIS RENT FOR ANY GIVEN MONTH VERY SIMPILY AND NEED OUT THE MONEY TO HIM SO HE WOULD HAVE IT FOR HIS EXPENSES, IN HIS SITUATION, WE ARE TALKING ABOUT BASIC LIVING ACTIVITIES. BY THAT. !! MEAN] GETTING UP IN THE MORNING, GETTING YOUR BREAKFAST , GETTING DRESSED AND GOING OUT AND DOING WHAT EVER YOU WANT TO DO , THAT IS HARD FOR HIM HE DOES NOT DO IT , IN WHAT YOU MIGHT CALL AN ACCEPTABLE WAY. HE DOES NOT PRESENT A PICTURE-IF I WENT TO A LANDLADY AND I SAID I DO NEED AN APARTMENT FOR A 60 YEAR OLD MAN AND SHE WANTED TO MEET HIM, IF SHE MET HIMjI AM SURE SHE WOULD HAVE SECOND THOUGHTS IMMEDIATELY. I CAN PROVIDE HIM CLOTHING, FOOD SHELTER -MANY TIMES AND I HAVE TO WHOLE—HEARTED-WGREE WITH MRS. BAPP THAT EVERTHING SHE SAID IS TRUEjTHAT HE JUST DOES NOT HAVE ANY SENSE OF PERSONNEL ;HYGIENE .'OR MANAGING MONEY OR ANY OF THE NORMAL KINDS OF THINGS THAT �..� WE DO . BUT HE WILL BE COOPERATIVE TO THE EXTENT THAT IF YOU CAN GET HIS TRUST AND CONFIDENCE HE WILL MOVE INTO , WELL , I HAVE HAD HIM IN SEVERAL BOARD SITUATIONS BUT IT HAS BROKEN DOWN , AND I EXPECT IT TOO. i I EXPECT TO GET A CALL FROM HIM OR THE LANDLORD THAT HE CAN NO LONGER STAY THERE. I HAVE USED EVERY GUISE AND EVERY TRICK I CAN THINK OF TO VISIT THE COUNTY HOME , I HAVE ALSO USED A LOT OF DIFFERENT METHODS TO TRY AND GET HIM TO HAVE AN EXAMINATION . THE ONLY TIME HE HAS REALLY HAD THAT WAS WHEN HE WAS ADMITTED TO THE HOSPITAL . I CAN ASSURE YOU I DO NOT THINK I AM STEPPING OUT ON A LIMB , I CAN RELOCATE HIM. COUNCILMAN EISENHART- HOW SOON? MR. LAPHAM-7I WOULD LIKE TO GO INTO PROBABLY THE FIRST WEEK IN JUNE. I COUNCILMAN EISENHART- YOU WILL HAVE HIM OUT OF THERE BY THE END OF THE FIRST WEEK IN JUNE? 177 MR. LAPHAM- I THINK WE OUGHT TO BE ABLE TO ACCOMPLISH THAT. 1 COUNCILMAN OLSON- WE CAN 'T DO ANYTHING WHILE HE IS STILL THERE. COUNCILMAN MONAHAN- MR. LAWHAM, IS HIS PERSONAL PROBLEM SOMETHING OF RECENT TIME OR HAS IT GONE ON FOR MANY YEARS. i MR. LAPHAM- I KNEW HIM IN THE EARLY 70 'S WALKING THE CORINTH ROAD BACK AND FORTH AND I NEVER MET HIM, I DID NOT MEET HIM UNTIL PROBABLY THE FALL OF 79 AND THEN HE WAS LIVING WITH HIS MOTHER. I BEGAN TO REALIZE THAT THERE MUST HAVE BEEN A LONG HISTORY OF MEDICAL PROBLEMS , PERSONEL PROBLEMS, PERSONALITY PROBLEMS , MUCH OF IT I DO NOT KNOW. MUCH OF IT I COULD NOT GET EITHER FROM HIM OR HIS MOTHER-THERE MAY BE A LOT MORE THAT OTHER PEOPLE KNOW THAT I JUST DON "T. I CAN COMMUNICATE WITH HIM I KNOW HE IS A LITTLE CONFUSED SOMETIMESjMAINLY ITS HIS COMMUNICATION I KEEP COMING BACK TO. COUNCILMAN MONAHAN- IT WAS A MANAGEABLE PROBLEM AS LONG AS HIS MOTHER WAS ALIVE. MR. LAPHAM- I DO NOT THINK EVEN THEN IT WAS VERY GOOD-I WAS AFRAID OF PHYSICAL ABUSE AT THE TIME BUT COULD NOT PROVE ANYTHING. I THINK ONCE SHE DIED . . . ALL THE APPLIANCES WENT RIGHT OUT THE DOOR THE STOVE THE REFRIGERATOR ALL THE FURNITURE AND I NEVER COULD GET AN ANSWER AS TO WHAT WAS GOING ON OR WHY, COUNCILMAN OLSON- HE ALSO TORE OUT ALL THE INSULATION AND ALL THE PANELING OUT OF THE INSIDE OF THE MOBILE HOME HE TOLD ME HE WAS LOOKING FOR SOMETHING IN THE WALLS THAT HE HEARD AT NIGHT, THEN HE WAS PAINTING THE PUMP HOUSE -WITH NO ELECTRICITY. FOR A COUPLE OR THREE MINUTES HE COULD CARRY ON A GOOD CONVERSATION AND THEM HE WOULD GO BACK AGAIN. MRS. RICHARD BAPP- WE HAVE LIVED IN THE NEIGHBORHOOD FOR FIFTEEN YEARS - HOMER'S MOTHER WAS ANINVALID� SHE WAS A VERY ELDERLY LADY BUT SHE WAS VERY SHARP, AND VERY WELL ORIENTED. SHE WOULD MANAGE THE MONEY FOR THE FAMILY THERE WAS JUST HER AND HOMER AND SHE WOULD TELL HIM WHAT TO BUY, HOW TO BUY IT AND WHEN THINGS WERE DUE TO BE PAIDjHOW TO HANG UP THE CLOTHES. HOMER WOULD BE HER LEGS , HE WOULD DO THESE THINGS FOR HER. THEN HE GOT _R"I-ITTLE BIT WORSEjSHE GOT MORE DIBILATATED AND MORE ELDERLY, HOMER BECAME MORE RADICAL. ONE DAY I WENT OVER TO THE TRAILER HEjCALLED ME OVER HE HAD TIED HIS MOTHER TO A CHAIR] NOW THAT SOffil yTy R3.BLE OF COURSE IT WAS BECAUSE HE WAS A CHAIN SMOKER, .HIS REASONING W gAAAr_; NVALID AND HE WAS AFRAID SHE "WOULD FALL OUT OF THE CHAIR� SO HE TIED THE POOR SOUL UP IN THE CHAIR NOT REALIZING HOW HE WAS GOING TO GET HER OUT IF ANYTHING HAPPENED., SHE KIND OF LAUGHED ABOUT IT. AFTER SHE DIEDjTHEN HOMER RAPIDLY DISENTREGATED EVER(THING, HE NO LONGER HAD SOMEONE TO TELL HIM OR- SOMEONE THAT HE , I DO NOT NOW IF HE FEARED HER ENOUGH OR WHAT] SHE WAS A LITTLE TINY THING BUT SHE REALLY RULED THE WHOLE THING. , WHEN SHE WENTi HE NO LONGER PAID ATTENTION TO PEOPLE WHO TRIED TO ADVISE HIM ON HOW TO DO THINGSjHIS ONLY THOUGHT WAS THAT WAS HIS HOME AND HE WANTED TO STAY THERE. I DO THINK HOMER WAS CONVINCED TO GO AWAY.,WHEN THERE WAS NO HEAT IN THE TRAILER AND NO WINDOWS HE IS NOT THAT FAR RETARD® OR WHATEVER. . . I THINK IF THE TRAILER WAS REMOVED HOMER WOULD NOT RETURN-I THINK IF YOU REMOVE THE TRAILER YOU REMOVE THE PROBLEM, YOU CERTAINLY GOT THROUGH TO HIM LAST WINTER THAT HE COULD NOT LIVE THERE , HE:--KNEW THAT , WHEN THE WEATHER RETURNED , HOMER RETURNED. . . . COUNCILMAN MORRELL- I HAVE ONE QUESTION FOR TOM , MR. ECKERSONANO KNOWN LIVING RELATIVES? MR. LAPHAM-- YES HE DOES , HE HAS A BROTHER IN FLORIDA-HE CAME TO THE MOTHERS FUNERAL WE TALKED WITH THE BROTHERjHE SIMPLY REPEATED WHAT HE KNEW ABOUT HOMER AND THE FACT THAT HE WAS DIFFICULT:' MOST OF OUR CONVERSATION WITH THE BROTHER WAS ABOUT THE PROPERTY AND THE BROTHER HAD NO INTEREST IN �^ THE PROPERTY WHAT-SO-EVER. SINCE HE LIVED OUT OF THE AREA HE HAD VERY LITTLE CONTACT WITH HIS BROTHER OR WITH OUR OFFICE. COUNCILMAN MORRELL- YOU MENTIONED SOMETHING EARLIER , THIS MAN HAS NEVER BEEN EVALUATED AS TO WHETHER OR NOT HE IS COMPETENT'TO TAKE CARE OF HIMSELF? PAR. LAPHAM- ALL I KNOW ISl 1 BELIEVE IT WAS EITHER LAST SPRING OR Itr 1481 HE WAS `�TTED TO THE HOSPITAL WITH PHLIBITUS OR SOMETHINGjWE ASKED FOR AN EVALUTATION FROM MENTAL HEALTHjI THINK THEY FOUND HIM TO BE OF SOUND MIND,# HE ANSWERED THEIR QUESTIONS_, THEY FELT HE WAS OK. I DO NOT THINK HE HAS HAD A REALLY GOOD PHYSICAL EVALUATION OR WORKUP MENTAL OR PHYSICAL. I KNOW HE HAS GOT SOME MEDICAL PROBLEMS BUT HE i II 179 HE HIMSELF DOES NOT HAVE A DOCTOR NOR DOESnSEEK OUT MEDICAL HELP. I COUNCILMAN MORRELL- IS THERE ANY PROCEDURE WHERE BY THIS COULD BE ACCOMPLISHED , THROUGH HIS BROTHER IN FLORIDA? I HAVE GOT KIND OF A HANG UP HEREOI BELIEVE THAT PEOPLE ' S DIGNITY SHOULD BE PROTECTED AT ALL COSTS AND LIKE MRS. BAPP SAID� IF HOMER CAN GET SOME HELP THEN I THINK WE CAN ABATE THE PROBELM FOR EVERYBODY , BUT WHAT ARE WE GOING TO DO WITH HOMER? i SUPERVISOR WALTER- THE TOWN BOARD MEETING AS THE BOARD OF HEALTH REALLY DOES NOT HAVE ANY JURISDICTION OVER HOMER AND HIS PERSONAL_ LIFE-WHAT WE ARE DEALING WITH NOW IS THE PROPERTY A LETTER TO MR. ECKERSON INDICATED THAT IT WAS A HEALTH HAZARD FOR THE NEIGHBORHOOD AND IT WAS UNFIT FOR HUMAN HABITATION AND THAT IF THE BOARD WISHES TO TAKE ANY ACTION AS THE BOARD OF HEALTHjIT WOULD BE UNDER THOSE AUSPICESINOT THE CONDITION OF MR. ECKERSON BUT RATHER THE PROPERTY HE INHABITS. COUNCILMAN MORRELL- WE HAVE TWO PROBLEMS HERE. SUPERVISOR !'IALTER- BUT WE HAVE NO AUTHORITY TO HANDLE MR. ECKERSON PROBLEM. COUNCILMAN OLSON- IF A MOTION CARRIES THAT WE CONDEMN THE PROPERTY, WE REALLY CAN NOT INSTRUCT ANYBODY TO CLEAN UP UNTIL HE IS REMOVED FROM THE PREMISES. SUPERVISOR WALTER- I DO NOT BELIEVE THAT IS TRUE. COUNCILMAN OLSON- WHAT ARE WE GOING TO DO WITH HIM',' PUT HIM OUT BY A TREE SOMEPLACE? SUPERVISOR WALTER- THIS TOWN BOARD MEETING AS THE BOARD OF HEALTH HAS SCHEDULED A PUBLIC HEARING INDICATING THAT THE PROPERTY ON OGDEN ROAD IS A HEALTH HAZARD IN THE NEIGHBORHOOD AND UNFIT FOR HUMAN HABITATION. ANY ACTION THAT WE TAKE THIS EVENING WOULD DEAL ONLY WITH THAT . THE QUESTIONS THAT WE HAVE ASKED MR. LAPHAM ARE AS I INDICATED BEFORE. MERELY AN ASIDEjI THINK THAT THERE IS A GENERAL CONCERN OF WHAT HAPPENS TO A PERSON WHEN HIS PROPERTY IS DECLARED UNINHABITABLE AND IF THERE IS SOME PLACE OR SOME -WHERE THAT HE WILL BE CARED FOR. I THINK MR. I LAPHAM HAS GIVEN US AN INDICATION THAT THE !BARREN CO. DEPT. OF SOCIAL ' SERVICES HAS HAD MR. ECKERSON AS A RESPONSIBILITY PREVIOUSLY AND THAT THEY WILL CONTINUE TO OVERSEE HIM AS A RESIDENT OF WARREN COUNTY. COUNCILMAN MONAHAN- I THINK WE COULD MAKE A MOTION NOT TO DO ANYTHING FOR TWO WEEKS AND THAT WOULD GIVE HIM A CHANCE TO RELOCATE. COUNCILMAN OLSON-WE HAVE DEALT WITH UNSAFE STRUCTURES EAND�{HgEALTHH HAZARDS SEPOTIC THESE THETPEOPLEIN^AOVV P�%NTOASUSE J THERE WAS SOMEONE LIMING THERE AND WAS COMPETENT TO TAKE CARE OF THE PROBLEM) BUT I CANNOT REMEMBER OF A SITUATION OF ANINDIVIDUAL WHO CAN ' T TAKE CARE OF HIS OWN SELF. COUNCILMAN MONAHAN- THAT ONLY MAKES IT WORSE AS FAR AS THE NEIGHBORS ARE i CONCERNED. COUNCILMAN OLSON- IT SURE DOES , BUT WE STILL HAVE A HUMAN BEING . COUNCILMAN MONAHAN- IF WE PUT A TIME SCHEDULE IN THERE TO GIVE SOCIAL SERVICES TIME TO GO IN . COUNCILMAN OLSON- I THINK IT IS GOOD TO KNOW HE HAS SOMEONE HE TRUSTS i AND HAS CONFIDENCE IN TO HANDLE HIS MONEY , MAYBE THAT PERSON COULD GET CONFIDENCE IN FINDING A PLACE COUNCILMAN EISENHART- I WILL MOVE THAT THE BUILDING BE DECLARED, THE PROPERTY BE DECLARED UNINHABITABLE AND UNSAFE AND THAT I GUESS THAT WE CAN ADD TO THATjTHE TOWN HIGHWAY DEPT . CLEAN UP THE PROPERTY AFTER NOT LESS THAN TWO WEEKS OR AT THE END OF THE FIRST WEEK IN JUNE . SUPERVISOR WALTER- IN ORDER°' TO TAKE ANY ACTION AT ALL THAT WE HAVE TO INDICATE FOR THE RECORD THE FINDINGS OF THIS TOWN BOARD-I WOULD SAY AS FAR AS THE FINDING ARE CONCERNED REGARDING THE PROPERTY OF MR. ECKERSON OGDEN ROADIBY ON SITE INSPECTION OF THE TOWN BOARD BY THE TESTIMONY OF THE NEIGHBORS' ND THE BUILDING AND ZONING DEPT. OFFICIALS THE HEALTH OFFICER OF THE TOWN AND FROM TESTIMONY FROM SOCIAL SERVICES MR. LAPHAM i I 179 THAT THERE ARE NO SANITARY FACILITIESjTHERE IS NO WATER , IT IS GARBAGE LADENED PROPERTY THAT THE BUILDING I$ UNINFIABTTABLE,, ARE NO WINDOWS-AFTER THOSE FINDINGS WE WOULD HAVE A MOTION ON WHAT TO DO ABOUT IT, DOCTOR HAS MOTIONED THAT WE DECLARE IT A HEALTH HAZARD, UNINHABITABLE AND THAT WE DIRECT OUR HIGHWAY DEPT. TO CLEAN UP THE PROPERTY AND RAISE THE BUILDING AFTER JUNE 15TH COUNCILMAN MONAHAN- ASKED THAT IN THE FINDINGS IT BE DECLARED A FIRE HAZARD. i { SUPERVISOR WALTER-IT WILL BE ADDED TO THE FINDINGS. . . FIRE HAZARD IN--AS- i MUCH AS THERE HAS BEEN SEVERAL FIRES COUNCILMAN OLSON- IT IS DANGEROUS TO THE SURROUNDING NEIGHBORS, I WOULD SECOND THAT MOTION. I WOULD ADD TO THE MOTION THAT ALL THE P EX ENS S t E INCURRED BY THE HIGHWAY DEPT. WILL BE CHARGED BACK TO THE PROPERTY. SUPERVISOR WALTER- ASKED FOR FURTHER DICUSSIONj NONE WAS HEARD, RESOLUTION DECLARING HEALTH HAZARD RFSOI UTION_NO. 3 -1983 INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : WHEREAS, THE QUEENSBURY BOARD OF HEALTH HAS LEGALLY ADVERTISED A PUBLIC HEARING ON THE DECLARING OF THE TRAILER OF HOMER ECKERSON OF OGDEN ROAD UNFIT FOR HUMAN HABITATION AND WHEREAS, THE PUBLIC HEARING WAS HELD ON MAY 24 , 1983 AT 7 :30 P. M. AT THE QUEENSBURY TOWN OFFICE BUILDING, 'BAY �ANDrHAVILAND RDS . GLENS FALLS, NEW YORK 12801 : AND ALL INTERESTED PARTIES WERE HEARD AND WHEREAS, THE QUEENSBURY BOARD OF HEALTH WISHES TO LIST THEIR FINDINGS OF THE ONSIIE INSPECTION OF THE: ,-ECKERSON TRAILER AND THE TESTIMONY OF NHGHBORS , BUILDING S ZONING OFFICIALS , AND MR. LAPHAM OF SOCIAL SERVICES OFFICE OF WARREN COUNTY AND DR. DIER HEALTH OFFICER f i 1 . NO SANITARY FACILITIES ""�-- 2 . NO WATER 3. GARBAGE LADEN ! PROPERTY I 4. BUILDING UNINHABITABLE 5. NO WINDOWS IN TRAIEER 6 . FIRE HAZARD NOW , THEREFORE BE IT RESOLVED, THAT THE QUEENSBURY BOARD OF HEALTHjUPON ITS FINDINGS) DECLARES THE TRAILER OF MR. HOMER ECKERSON OF OGDEN ROAD UNINHABITABLE AND UNSAFE AND BE IT FURTHER RESOLVED, THAT THE QUEENSBURY HIGHWAY DEPT. IS REQUESTED TO CLEAN UP THE PROPERTY OF MR. HOMER ECKERSON OF OGDEN ROAD AND RAISE THE BUILDING AFTER JUNE 15TH OF 1983 AND BE IT FURTHER RESOLVED, THAT ANY EXPENSES INCURRED BY THE QUEENSBURY HIGHWAY DEPT. BE ASSESSED TO THE PROPERTY TAXES ON QGDEN; SAD,'.'TOWN I!QE :OUEBNSBURY. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , ?1R. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : NONE ^--- ABSENT . NONE MR. LAPHAM- REQUESTED A COPY OF THE TESTIMONY. . . ON MOTION OF MR. OLSON , SECONDED BY MR. MORRELL THE BOARD OF HEALTM ADJOURNED. QUEENSBURY TOWN BOARD SUPERVISOR WALTER- THANKED MR. LAPHAM AND DR. DIER FOR BEING HERE THIS EVENING AND ALSO THE NEIGHBORS i PUBLIC HEARING-AMENDMENTS TO THE QUEENSBURY SIGN ORDINANCE ORDINANCE NUMBER 46 NOTICE SHOWN HEARING OPENED 8 : 17 P. M. SUPERVISOR WALTER- IS THERE ANYONE FOR THE PUBLIC WHO WISHES TO SPEAK? NO ONE SPOKE. . . COUNCILMAN EISENHART- THIS WILL REMOVE DISCREPANCIES OR CONFLICTS BETWEEN i THE SIGN ORDINANCE AND THE GENERAL ZONING ORDINANCE. . . SUPERVISOR WALTER- ARE THERE ANY COMMENTS FROM THE PUBLIC? HEARING NONE THE PUBLIC HEARING WAS CLOSED 8 : 19 P. M. PUBLIC HEARING-AMENDMENTS TO THE nUEENSBURY ZONING f1RDINANCE 8 : 19 P. M. NOTICE SHOWN i SUPERVISOR WALTER- THEY HAVE BEEN PUT TOGETHER BY THE PLANNING BOARD WHO HAVE BEEN WORKING FOR CLOSE TO A YEAR UNDER THE NEW ZONING ORDINANCE- IT HAS BEEN RECOMMENDED FOR APPROVAL BY THE PLANNING BOARD AND BROUGHT TO THE BOARD BY THE BUILDING AND ZONING DEPT. ASKED FOR PUBLIC INPUT. . . MR. FRANK MURRAY-!'IDGE ROAD-SECTION 7079 BUFFER ZONES EYEM"T FARMS FROM THIS PROVIDSION . . .THE IDEA ORIGINALLY OF THE ZONING ORDINANCE WAS TO PROTECT THE PROPERTY OWNERS. . . IN ORDER TO PROTECT PEOPLE SUCH ASJIN AN AREA AS OURS) WHERE YOU HAVE A SMALL AREA COMPLETELY SURROUNDED BY HOMES AND TO PUT A FARM IN THE MIDDLE OF IT . AFTER THE HOMES ARE THERE I DO NOT THINK THAT IS FAIR TO THE HOMES. IF THE FARM IS PUT IN AN )OPEN AREA WHERE THERE ARE NOT MANY HOMES AND THERE HAS BEEN A HISTORY OF FARMS AND PEOPLE KNOW THERE IS FARMS AND THEY BUILD HOMES THEN THAT IS A DIFFERENT THING. WHEN I WENT TO THE ZONING BOARD TO COMPLAIN ABOUT IN OUR AREAJTHERE WAS A COMMERCIAL FARM BEING DEVELOPEDJTHEY SAIDjWELL WHAT DO YOU HAVE TO WORRY ABOUT YOU HAVE A FIFTY FOOT BUFFER ZONE. A FIFTY FOOT BUFFER IS A .MINIMUM YOU CAN DO FOR PEOPLE IN ANY AREA IN THE TOWN. FIFTY FOOT IS SOMETHING. . . I BELIEVE THAT YOU SHOULD RETAIN THAT . . .NOTED ESPECIALLY ON A FARM WITH ANIMALS . . 10. Q51A DELETE TYPE TWO SITE PLAN REVEIW ONLY FROM THIS SECTION TO REMOVE THAT SECTION OR ANY TYPE 2 SITE PLAN REVIEW FROM HAVING TO GO TO THE COUNTY PLANNING BOARD IN THIS COUNTRY WHERE YOU HAVE CHECKS AND BALANCES AT LEAST IT DOES OFFER ANOTHER FORUM TO GO TO. . . I DO NOT BELIEVE THAT SHOULD BE REMOVED. MR. RAYMOND RYDER-WERE THERE IS A DEVELOPMENT THAT WILL GO ACROSS A ROAD I THINK WARREN CO. SHOULD HAVE SOMETHING TO SAY ABOUT IT. . . IF THEY ARE TO CHANGE A STREAM OR CHANGE THE TOPOGRAPHY OF THE LANDiSOMEBODY SHOULD HAVE A LITTLE BIT FROM WARREN COUNTY TO EXPRESS THIER FEELINGS. . . MR. MATHIAS- REVIEWED THE SITE PLAN REVIEW PROCESS . . . THE PLANNING BOARD REQUESTED TO DELETE THE WARREN COUNTY PLANNING BOARDjBECAUSE AS A PRACTICAL MATTERS IS NOT USED TO MAKING INITIAL REVIEWS OF THESE APPLICATIONS THEY FELT (WHAT WAS HAPPENINGjWAS CREATING A SITUATION THAT YOU GAVE ANOTHER HOOP FOR SOMEBODY TO JUMP THROUGH BUT THEY WERE NOT GETTING ANY KIND OF SUBSTATCVE REVIEW ON THE COUNTY LEVEL. j MRS. RYDER- WHAT YOU ARE SAYING THEN WHEN WE WENT UP THERE THAT TIME IN MARCH THEY HAD NOT REALLY GONE INTO IT IN ANY DETAIL. . . i 1 MR. MATHIAS- I CANNOT SAY WHAT THEY DID. . . MRS. RYDER-MY INTREPRETATION WOULD BE THAT THEY RECEIVED THE CORRECT �✓ PAPERS ETC. THEY REALLY HAD ALREAD( MADE UP THEIR MINDS BASED ON WHAT WAS DECIDED HERE. IN OTHERWORDS , THEY DO NOT HAVE THE TIME TO GO INTO THIS AS THE TOWN DOES , THAT IS WHAT YOU ARE SAYING. . . MR. MATHIAS- I THINK THAT IS WHAT THE REASON .FOR IT , TO ELIMINATE IT, SOME PEOPLE WOULD SAY THAT WE ARE CUTTING RED TAPE BY ELIMINATING ANOTHER LEVEL OF BUREAUCRATIC REVIEW. BY STATE LAW THEY ARE MANDATED TO REVIEW VARIANCES IT IS OUR INTREPRETATION THAT THEY ARE NOT MANDATED TO REVIEW SITE PLAN REVIEWS . MR. RYDER- IS A SITE PLAN REVEIW A VARIANCE? MR. MATHIAS-- NOJIT-- LS NOT DEFINED UNDER THE SECTION OF LAW . . . MR. RYDER- I AGREE THAT THIS CHANGE WOULD BE EASIER FOR THE PLANNING BOARD BUT IT IS NOT AS GOOD FOR THE RESIDENTS OF THE TOWN OF QUEENSBURY . 181 MR. MURRAY- IT DOESN 'T HAVE TO BE A RUBBER STAMP,� IT OFFERS ANOTHER AVENUE FOR A DEVELOPER 'T&AGO TO ANO HE DOES`NOT HAVE TO GO TO CHAPTER 78 CHECK AND BALANCES. . . NOTED THAT IF A SITE PLAN REVIEW IS THE SAME AS A VARIANCE ELIMINATING THE SITE PLAN REVIEW FROM THE WARREN CO. PLANNING BOARD) COULD COST THE TOWN A LOT OF MONEY MR. MATHIAS- I DISAGREE WITH YOUR ANALYSIS. . .THE PROCEDURE UNDER SITE PLAN REVIEWJTHE ULTIMATE DECIDER , IS� THE TOWN PLANNING BOARD� THEY MAKE THE DECISIONS IT IS NOT LIKE A VARIANCE WHERE YOU GO TO THE ZONING BOARD OF APPEALS. . . IF THE WARREN CO. PLANNING BOARD DENIES IT THEN IT GOES BACK TO THE TOWN PLANNING BOARD AND THEY HAVE TO HAVE AN EXTRA MAJORITY TO APPROVE IT. 1 ' MR. MURRAY- THAT GIVES THEM TOO MUCH AUTHORITY AT LEAST THIS GIVES THEM ANOTHER ALTERNATIVE MR. MATHIAS- ON THE PUD PORTION SECTION 15. 044 C REQUESTED THE FOLLOWING BE CHANGED FROM ' 'THE TOWN BOARD SHALL ACT UPON THE PLANNING BOARD RECOMMENDATIONS WITHIN 45 DAYS! 'BE CHANGED TO 90 DAYS. . . COUNCILMAN OLSON- 99 . WHY ARE MOBILE HOMES LISTED UNDER THIS SECTION? THE TOWN BOARD IS THE ONLY GOVERNING BODY THAT DEALS WITH MOBILE HOMES, . . MR. LYNN- . . . THEY ARE A STRUCTURE AND ARE SUBJECT TO THE REQUIRED SETBACKS THAT A SINGLE FAMILY DWELLING WOULD BE. . . 1 MR. MATHIAS- 99. MR. PRIMENAS RECOMMENDED THAT ABOVE MUND TANKS BE j ADDED TO THE DEFINITION . , . MR. LYNN- NOTED THAT THE APA WOULD LIKE TO SEE ABOVE GROUND TANKS ADDED THE CONCERNS OF THE APA HAVE NOT BEEN RECEIVED THROUGH THE MAIL AS OF IH S DATE BUT I WAS CALLED BY THE COUNSEL TO THE APA AND HE LISTED THEIR CONCERNS. . , 1 . ACCESSORY STRUCTURE , CONCERNED OVER THE SHORE LINE REQUESTED THAT THE WORD AFFIXED TO CHANGED TO PLACED. . . IN THE DEFIN ION. . . 2 , FOR STORAGE SHED LESS THAN 100 SQ. FEET PROVIDE A SEPERATE AMENDMENT TO ARTICLE 7 SUPERVISOR WALTER- WASN 'T THERE A REASON WHY THE WORD AFFIXED WAS USED? -- MR. LYNN-YES. MR, MATHIAS- IT WAS TO MAKE IT MORE REASONABLE IN TERMS OF HOW THE ORDINANCE WORKED OUT. . . COUNCILMAN MORRELL- WE HAVE A PROBLEM WITH CORNER LOTS IN THAT THEY HAVE NO BACK YARDS , IN ORDER FOR SOMEONE WITH A LARGE CORNER LOT TO PUT IN A SWIMMING POOL THEY CANNOT GET A BUILDING PERMIT UNLESS THEY GO TO THE PLANNING BOARD TO GET A 'VARIANCE. . . MR. LYNN- THAT IS A PROBLEM WITH THE DEFINtTION . . . RIGHT NOW WE ARE IN THE SEASON FOR POOLS AND IT MAKES IT CUMBERSOME TO MAKE SOMEONE GO THROUGH A VARIANCE. . . PLUS A THREE WEEK DELAY. . . SO FAR THIS- YEAR WE HAVE HAD TWO VARIANCE APPLICATIONS AND WE ARE GOING TO HAVE TO HAVE ANOTHE*NE IF THIS PROPOSAL DOES NOT GO THROUGH. . . COUNCILMAN OLSON IN REGARD TO MR. MURRAY 'S QUESTION ON BUFFER ZONES , DO WE HAVE ANY ZONE WHICH BORDERS RESIDENTIAL PROPERTY WHERE WE DO NOT SPECIFY A BUFFER ZONE? MR. LYNN- WHAT THE ZONING ORDINANCE SAYS ISjTHAT WHERE YOU HAVE A COMMERCIAL USE THAT ABUTT!§ A RESIDENTIAL USEiTHE COMMERCIAL USE WILL MAINTAIN A 50 ' BUFFER ZONE. . . WHAT THE PROPOSAL IS TO EXEMPT THE FARM FROM THAT SECTION OF THE ORDINANCE. . . . , . APA OBJECTS TO THE NEW DEFINITION OF LANDSCAPING^- THEY ALSO WOULD LIKE TO CHANGE OUR SETBACK DEFINITION TO INCLUDE OR SHORE- LINE. . . THEY QUESTIONED THE LEGALITY OF THE SITE PLAN REVIEW DELETION . , WE DO HAVE THE COUNTY VIEW ON THAT AND THEY TOOK THE POSITION THAT THEY ARE NOT INTERESTED IN THE TYPE TWO SITE PLAN REVIEW AND FROM WHAT THEIR INFORMATION ISJTHAT IT IS NOT REQUIRED BY THE GENERAL MUNICIPAL LAW, MR. DEAN- NOTED THAT CLASS C&D FARMS MUST GO TO SITE PLAN REVIEWS TO THE PLANNING BOARDIAT THAT TIME THE PLANNING BOARD CAN STIPULATE THAT THERE WOULD BE A CERTAIN ZONE IF THERE ARE HOMES INVOLVED C_BUFFER ZONE) SUPERVISOR WALTER- COUNSEL HAS NOTED THAT TT ISMINOT NECESSARY TO PASS TN-IS AS A PACKAGE BUT THAT WE CAN TAKE THE SECTIONS THAT WERE LEGALLY ADVERTISED ON THEM INDEPENDENTLY-IF THERE ARE QUESTIONS ON GERTAIN AREAS WE CAN HOLD THOSE AND TABLE DECISIONS. , . AND PASS THOSE SECTIONS WE HAVE NO PROBLEM WITH. 182 COUNCIL N OLSON- I DO NOT THINK WE SHOULD TAKE ANY ACTION ON ANY OF THE QUESTI07THE APA BROUGHT UP UNTIL THE PLANNING BOARD REVIEWS THEM. . . MR. RYDER- DOES THE APA RECOGNIZE THE SHORE LINE THE REAR OF THE PROPERTY? MR. LYNN-THERE WOULD Be TWO FRONTS AND TWO SIDES. . . SUPERVISOR WALTER- ASKED FOR FURTHER COMMENTS . . . HEARING NONE THE PUBLIC HEARING WAS CLOSED. . . I RESOLUTIONS I RESOLUTION NO . 107 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : RESOLVED, THAT THE TOWN BOARD MINUTES OF MAY 10 , 1983 BE AND HEREBY ARE APPROVED. DULY ADOPTED BY THE FOLUOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION OF APPRECIATION R S0IIITT0N Kin 108 , INTRODUCED BY THE ENTIRE TOWN BOARD i WHEREAS , THE JOINT EFFORTS OF THE FIVE QUEENSBURY FIRE COMPANIES AND THE THREE QUEENSBURY RESCUE SQUADS RESULTED IN THE SUCCESSFUL ' ' 1983 EXPO " IN QUEENSBURY ON SUNDAY MAY 22 , IAND WHEREAS, THE PROJECT TOOK ADDITIONAL TIME AND EFFORT ON THE PART OF THE VOLUNTARY FIRE DEPARTMENT AND RESCUE SQUAD MEMBERS , f NOW, THEREFORE BE IT I ° RESOLVED, THAT THE QUEENSBURY TOWN BOARD WISHES TO EXTEND THEIR APPRECIATION AND GRATITUDE TO ALL THOSE MEMBERS WHO PARTICIPATED IN THIS MOST WORTHWHILE ENDEAVOR. DULY ADOPTED RY THE FOLLOWN; VOTE - AYES . MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT: NONE DISCUSSION HELD : COUNCILMAN MONAHAN- THEY DID A FANTASTIC JOB-SOME OF THEIR EQUIPMENT IS ALMOST SPACE AGE EQUIPMENT THAT THEY ARE USING FOR RESCUE WORK_ . .!SUPERVISOR WALTER- I SPENT A LOT OF i'TljmF, THERE AND FOR MYSELF] IT WAS QUITE AN EDUCATION . COUNCILMAN OLSON- I WATCHED W. G. F. DEMONSTRATE THE JAWS IT WAS VERY INTERESTING AND THEY DO A TERR"IFQCJOB. . . COUNCILMAN MORRELL- I FELT IT WAS AN EXCELLENT PROGRAM AND HOPE THEY CONTINUE TO HAVE ONE NEXT YEAR. .. 1 RESOLUTION OF APPOINTMENT TO THE POSITION OF DISTRIBUTION AND MAINTENANCE SUPERVISOR f RESOI [ITT ON Nn _ 50.A, INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : WHEREAS , THE MANAGEMENT LEVEL POSITION OF DISTRIBUTION AND MAINTENANCE SUPERVISOR IS VACANT DUE TO THE RETIREMENT OF STANLEY PHILLIPS AND WHEREAS , WATER SUPERINTENDENT THOMAS FLAHERTY HAS INDICATED A NEED TO FILL THE POSITION AND WHEREAS , TIMOTHY BURCH HAS BEEN RECOMMENDED BY SUPERINTENDENT FLAHERTY TO FILL THE VACANCY , NOW', THEREFORE BE IT I 183 RESOLVED , THAT TIMOTHY BURCH BE APPOINTED TO FILL THE POSITION OF DISTRIBUTION AND MAINTENANCE SUPERVISOR FOR A SIX MONTH PROVISIONAL PERIOD IN ACCORDANCE WITH CIVIL SERVICE REQUIREMENTS AT A SALARY OF I $17 , 500 PER ANNUM AND BE IT FURTHER I RESOLVED, THAT NO ADDITIONAL OVERTIME PAY IS ALLOWED AND THAT THIS TITLE AND RATE OF COMPENSATION IS EFFECTIVE AS OF MAY 23 , 1983. DULY ADOPTED BY THE FOLLOWING VOTE : i AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS . MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE `-- COUNCILMAN OLSON- MR. BURCH HAS WORKED FOR THE TOWN FOR NINE YEARS AND HAD WORKED IN A SIMILAR CAPACITY LAST YEAR. . . RESOLUTION AMENDING ORDINANCE NO. 46 OF THE TOWN OF QUEENSBURY RESOLUTION NO . 110 . INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. BETTY MONAHAN : WHEREAS , THE QUEENSBURY TOWN BOARD SET A PUBLIC HEARING ON AMENDMENTS TO THE QUEENSBURY SIGN ORDINANCE NO. 46 AND WHEREAS, THE PUBLIC HEARING WAS LEGALLY ADVERTISED AND HELD ON MAY 10 , 1983 AT 7 : 30 P. M. AT THE QUEENSBURY TOWN OFFICE BUILDING, BAY AND HAVILAND RDS . GLENS FALLS NEW YORK AND WHEREAS , AT SAID PUBLIC HEARING ALL INTERESTED PARTIES WERE HEARD ON THE AMENDMENTS , NOW THEREFORE BE IT RESOWD, THAT THE FOLLOWING AMENDMENTS' BE ADDED TO ORDINANCE NO 46 -- OF THE TOWN OF QUEENSBURY i i r i f 1 t I f ARTICLE lI Section 2 .100 - Definitions is amended to 184 include the following definitions : 3a. Commercial Zone - The following zoning districts set forth in the Town of Queensbury 2oning Ordinance : i recreational-commercial 5 ,acres; recreational-commercial 3 acres; recreational-commercial 1500 s . f. ; plaza-commercial 1 acre ; highway-commercial 1500 s .f . ; highway-commercial 1 acre; neighborhood-commercial 10, 000 s .f . ; neighborhood- commercial 1 acre . 9a. Industrial Zone - The followin§ zoning districts set forth in the Town. of Queensbury Zoning Ordinance : light �... industry; heavy industry; industrial reserve. 178. Residental Zone - The following zoning districts set forth in the Town of Queensbury Zoning Ordinance: land conservation 42 acres ; land conservation 10 acres; rural residental 3 acres ; rural residental 5 acres ; lakeshore residental 3 acres ; lakeshore residental l acre ; urban residental 10, 000 s . f . ; urban residental 5, 000 s . f . ; suburban residental 1 acre ; suburban residental 30, 000 s . f . ; surburban residental 20, 000 s . f . ; single-family residental 10, 000 s . f . ; single-fami ]y residental 20, 000 s .f . ; single- family residental 1G , 000 s . f . ; single-family residental 1 acre . 3 ARTICLE III - Section 3 . 100 is hereby amended as follows : 11 (a) . Residental zones shall be substituted in the a place and instead of R zones . r 3 11 ( b) . Commercial zones and Industrial Zones shall be substituted in the place of C or M zones . ARTICLE IV - Section 5 .100 17( c ) . Commercial zone and Industrial zone shall be j substituted in the place and instead of C and M zone. ARTICLE VI - Section 6. 103 is hereby amended as i follows : 1 • Commercial and Industrial zones shall be ----�� substituted for C and M zones . 2 . Commercial and Industrial zones shall be substituted for C and M zones . Section 6 . 104 is hereby amended as follows : 1 (a) . Residental zones shall be substituted for R zones . 185 1 (B) . COMMERCIAL AND INDUSTRIAL ZONES SHALL BE SUBSTITUTED FOR C AND M ZONES, VOTE :AYES : - MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS . WALTER - ---- NOES : NONE ABSENT : DONE RESOLUTION TO AMEND QUEENSBURY ZONING ORDINANCE RESOIIIT ON NO 1t1- INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS i ADOPTION , SECONDED BY MRS. BETTY MONAHAN : WHEREAS , THE QUEENSBURY PLANNING BOARD PRESENTED THE TOWN BOARD WITH SEVERAL AMENDMENTS TO THE QUEENSBURY ZONING ORDINANCE AND WHEREAS , THE QUEENSBURY TOWN BOARD SET A PUBLIC HEARING ON MAY 24 , 1983 AT 7 : 30 P. M. ON THE PROPOSED AMENDMENTS TO THE ZONING ORDINANCE AND WHEREAS, THE PUBLIC HEARING WAS HELD AT THE SPECIFIED TIME AND PLACE AND ALL INTERESTED PARTIES WERE HEARD ON THE PROPOSED AMENDMENTS TO THE QUEENSBURY ZONING ORDINANCE NOW, THEREFORE BE IT RESOLVED , THAT THE FOLLMING AMENDMENT BE ADDED TO THE QUEENSBURY ZONING ORDINANCE : I I �I i I i i 1 Section 2. 020 Definitions: t 'Y „ a) 104. "Yard" change word structure to read accessory use structure and stake reference to landecapincl . New definition to reads . d "Yarr " means an y s Yad" to pace that in unoccupied except for P g p • o an to the sky, and on Chef Bduke lot with €t building, structure or accannory uno atructure. (sera definition 152 "i.andacaping") New definitions to he added: J 1. "Eluildi.nd Line" means a line Formed by the intersection cif a hariznntal plane of averA(je Miracle level and a vurt tC.c 1 plane that coincides with the exterior surface or the bitildinq on any side. In the case of a Oant.ilcevt�ru_ct sect ton of a liuil:t- ing the •pert ical piano will coinr- itin with the mo.;r [krc►jc t,rc�t surface. All yard requirements a)-'-- measured to the h►►i ltlin�� line. (see definition It " ;etk►ack") 2. "school" means an institution housing a rurrirul►►m , a plant consisting of adr•clu.ite li►ci'li.ties, ik e]u.kl .i ! intl staff to carry out its c,1)jcc.t ivt.s1. i Add new Section 5. 050 (d) "rxpira t ion of Site pl :►rk Rev i nw Decision" Unless otherwise specified or e.xtonded by tho Planninq Board , a decision on any Site Plan lteview ah:klt eixpirce i 1 ttk,L. applicant ant fails to undertake the-! I: rop(*-J8Cd aA0t ic:,r► o I.ro jcct , to obtain any necessary buildingl permitS to construct. rt,y - proposed now building (s) or c-hi►ng.L. any uxit ting t.,tii ),1in.i } or to comply with the conditions of Said ckuthorit.itical wa One (l) year from the filing di-st.0 of such duciskon thervtj'r" ---, Add new section 10. 070 "Expiration of Variance novi .sit►n by Zun i nt) lto+arcl ()t Unless otherwise specified or extended by thr ?.oninn Board Of Appeals, decision on any request for a var i.cncu ilk., 1 1 expire if the applicant fails to undier t ,,ke thti pr(_)pci:t'cl action or project, to obtain any riOcessary hui lca i nil pt , mit to construct any proposect new his i ldint existing buildin l(s) or eh.ctk-tt. :,ny 9�s) , or to comply with tike Conclit. torrc, of said authorization within one ( 1) year from thc? f i t i nil (tatc Of such decision thereof. Section 7. 074 A subdivision 4 ) paragraph b Delete. . . "from front and" . . Add. . . "attached or detached accessory structure. " New section to read: b) May he erected only in the rear yard of sttch structure and shall be of, a tlist.knece rk(,)t less than twenty feet from the rear WL 1 i,kc!s nc�r IL-SS than 10 (1) feet from any side lut li.ne, principal structure or attic trod or dc!tachc-ti Jec. essory structure. Add new paragraph f) In the case where a lot fronts on two (2) or more Public rights-of-way, it private swintmintl 1x•.ca1 ;I�ik11 be erected only on that ltt]k t.inn of tho 5rtitl lut_ that is directly adjacent to th.kt t;id a of the prinCip.kl building which is directly opposite the tcrchitc��.t�cr�il main entrance of s.-j.icl Ltti tti.intl anti the nc. i'ltktjckr i ncl :.side lot line. In no rase shall the 1-1001 1,e ikny nc�.i rt k to the lot lines abutting arty public right-uf.-w.ay rtk,,n the required front svLhr►r.k ! or' tho pri.ncirlai luki thin(l c,i rtkc Irkn i n.) it V U LJW11'mc)r.:, thta 1)04.j1 :II1.►1 'u�•Itc.1 1 rtmt 1 h � x 87 view of the public right-of-w.Iy .Intl the nviilhluil Intl Property by means of landscaping . (1,ec cicl' i n i t I oil (A' "1.as►dscaPing") ZON TNC SCIIFDu1.F Section 4 . 020-3 Highway Commercial Zones a. Renumber permitted uses and rerlanp. the words "such an" with the word "inclutlintl" b. Adel to Permitted Uses - All Permitted uses in i'lazn Cummerc iiI l Zone. Add to Site Plan Review T ^.L. YPe II No. 11. Ilosnitals, nursing homes, anti health related facilities. No. 12 Day Care Centers. Delete from Permitted Uses and add tO Site Plan Review Type I No. 13. Auto repair shops No. 14 . Automobile sales and service No. 15. float storage, repair, sales i No. 16. Farm and construction equipment sa ieVuervicu No. 17. Mobile home sales i Mew list of permitted uses to be stattvi as follows: Per_ mitted UBes Businesses which primarily serve highwily tratfic including: 1. Fast food restaurants, diners, bars 2. Places of public assembly 3 . Professional offices 4 . Office buildinUs 5. Commercial greenhouses/nurseries 6. Social clubs, fraternal Organizations 7. Motels, hotels, inns, lodges 8. Fire stations 9. All permitted uses in Plaza Commercial Zone Add to Rural Residential (1111-3A, RR-`)A) , Urhan 1tesidential (Ult-5, UR-10) , Sub"t-b.Irl kt?sidc►nt ,.11 ('"H-1A, SR-30, S11-20) , ;iinrl le r•.,nli ly ltt•:;i.lc•nl i.1 1 (!4'11-10, SPR-20, SFR-30) u[►der Silt! !Tart lgcvit•w Type II ; A, Schools ,a H. Churches, Synagogues (lll.acc� of wnr-s;hil-j) I 188 Add to Urban Residential (UR-5, L1R-10) , Suburban Residential (Sit-IA, Slt-:10, SR-20) under Site: Plan Review Types 11 : A. llospitals, nursing homes, health relarecl facilitiao Huch as outptatic!nt ctinteli, laWratories, physical t.liorikpy Peace.1 i t ic)s, etc. 11. Day Care Centers Section 4 . 020-n "Heavy Industrial"- a. Add 110 to Permitted Uses: ".junkyards" reCt lon 15 . 044 Final P(1n Pl .1t . ..� a ) ( no change ) b) Within 45 clay, of the suhtnissi.on of -the final PuD Plat the Planning Board shall conduct a Puhl to hearing. Notice of the public hearing shall he advertised at least once in a new!%japer o1: general circulation in the Town at lcaast t ive days before it is held. Within 45 clays of till! public hearing (or within 90 clays of the public Ilo.irilaq if the 1 up is within ox partially within rhti Adirondack Park ) the Planning Board, giving die considoraticon to the rev* Vws by the 'Pawn Board and the County Planning Bo;1rd, shall approve the final pl.-at i l it is in r-,wbntanLiral agrooment with tilts approvt�d preliminary Plat. : or conditionally ;apps-ov,�, will, ur without modifications;, or iies;tl.,hrtjvc�. '1'tlt• �' rescummend;ation, of the planl►incl Itcr.►at1 shall he filtrcl with the Town Clerk and for.wardod to tiler Town ftu;trtl for its resvtow and action. C) The 'Town 13oa r l ca .hal act upon t hr P l.t r►n i nil re-conuttcrnd.,tions within .90 drays c,l rile l a I incl thor,-(J and, by resolution, shall approver r.hc? finial pl;,t , c,1 condition;ally approve, with or wit.hcjcat- utodefic ;lt ton or dis:tpPrcave. if ajatirov;el , or c!undi t.intt;tl ;►pprov'l l with or without modilicatinn:a, i s gt ;tnt.40, t11e rc lutiun shall specify the drawing!; , anc.l other ta;tterial that corlsr.etute tile f in:tl and may slx.cil'y the form or forw�. of l�csrl c,rm��+tc�c bonds, to he f i ted with the afjpl tcjL ican for bu i l cli n,l permits. if the final PUP Plat is cliveat contiLt: ic-111.11 apProvsll by the 'Pawn Board, the appltc:ant iS lint "Ititli.tl tea file the hl;1t with tilt-' c.'cxuraty clerk , 1,1,t sihal1 have 1110 days to tlloet t.11e C'ondettons , -lild t:l,t• 'I'owta 11041rd m.ty extoncj thifa t ilttc:r ! ur Ilp tct -11111 add l t_ i Ori�, l clays. Failure to comply with th('St_> t11110 I Llhi t:, c,I- t-hc- disapprov;ei of the f inal PUIt N1;1L r;11a11 rt•!;ul t. in the ijrt.);j of the Pull flat notod c,n tilt! withdrawn an resolution of tiro 'I't,%4lj lto,t, cl .x1111 t ht f arcta revert t7.tck to tht-3 Prior zo nin(i dir;tri� t c,r d) (no change) ' e ) ( no change) Da t v El : 1Liv 2..lt 1 rl 3 bona ld A. Cla.j{,c• Town C l rrk DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS . WALTER NOES NONE ABSENT : NONE 189 SUPERVISOR WALTER- THE OTHER AREAS THAT WERE TAKEN UP AT THE PUBLIC HEARING BE TABLED FOR FURTHER ACTION. . .THE TOWN BOARD AGREED. . . CONFERENCE DISCUSSION- MR. BODENWEISER HAS ASKED TO ATTEND A MEETING AT MONTOUR FALLS , N.Y. ON .JUNE 4-5. . . SUPERVISOR WALTER- NOTED THAT SHE WOULD CHECK ON THE NUMBER OF TRIPS THE DEPARTMENT HAS MADE. . . 000NCILMAN OLSON REQUESTED THAT A POLICY BE ESTABLISHED ON THE USE OF TOWN VEHICLE FOR SUCH TRIPS. . . RESOLUTION TO ATTEND SCHOOL -2ESOLUTION _NO. 1112 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLVED , THAT PERMISSION IS HEREBY GRANTED TO MR. WILLIAM BODENWEISER _+- TO ATTEND A COURSE AT MONTOUR FALLS , N. Y. ON JUNE 4 THROUGH THE 5TH 1983 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 TWON CLERK DONALD CHASE- NOTED HE HAD SPOKEN WITH TOWN COUNSEL AND WAS TOLD THAT THERE WOULD BE A RESOLUTION TONIGHT TO RESCIND RESOLUTION N0. 57 OF 1983 REGARDING THE BALTIS PROPERTY-NOTED HE HAD NOT RECEIVED ! RESOLUTION NO. 57 FROM THE TOWN COUNSEL . . . DISCUSSION WAS HELD- TOWN COUNSEL SPOKE ON A NEW UNSAFE STRUCTURE LOCAL LAW. . TOWN CLERK READ THE PORTION OF THE MINUTES REGARDING RESOLUTION NO. 57 WHICH WAS TO ALLEVIATE THE HAZARD. . .SUPERVISOR WALTER- I WILL WORK WITH THE TOWN COUNSEL AND WE WILL FORMULATE THE RESOLUTION FOR YOUR MINUTES . . . TO BE HONEST WE HAVE SOME SHORTCOMINGS IN OUR PROC=DURAL AND ANY KIND OF LAW THAT COVERED US AND THEREFORE WF HAVE A PROPOSED LOCAL LAW CONCERNING UNSAFE BUILDINGS WE HAVE NOT PASSED YET, WHAT HAPPENEW_;I$; 4THAT WE DID NOT HAVE THE AUTHORITY TO DO WHAT WE WANTED TO DO IN THIS PARTICULAR CASE. WHAT WE WOULD HAVE TO DO IS TO GO TO THE SUPREME COURT AND IT IS QUITE AN EXPENSE TO THE TOWN AND THEREFORE WE FELT THAT WE HAD TO APPROACH IT FROM ANOTHER DIRECTION, AND THEREIN LIES THE PROBLEM. . . OPEN FORUM 9 :49 P. M. I MR. .JOSEPH DAIRE-ASKED WHY THE TOWN COULD NOT PLACE ANOTHER MOBILE HOME FOR MR. ECKERSON. . . ASKED WHIAT MR. BODENWEISER GETS A YEAR. . . COUNCILMAN OLSON- ALMOST 11 , 000 -MR. DAIRE- THEY KNV WHAT THE JOB WAS WHEN THEY TOOK THEM WHY CAN ' T THEY USE THEIR OWN CARS. . . ^ SUPERVISOR WALTER- WE CANNOT EXPECT EMPLOYEES INSPECTI.Nr .; ALL AROUND THE TOWN AND PUT THAT WEAR AND TEAR ON THEIR OWN CARjTHAT IS PART OF THEIR JOB AND THE TIDWN PROVIDES A VEHICLE. . .SOME JOBS DO REQUIRE THE USE OF A VEHICLE . . . MR. DAIRE- IT WAS VERY NICE TO SEE THE TOWN BOARD ATTEND THE EXPO SUNDAY. . . COUNCILMAN MONAHAN- ALL OF US ARE VERY PROUD OF THE FIRE COMPANIES. . . COUNCILMAN EISENHART- AND VERY GREATFUL THEY DO A MARVELLOUS JOB. SUPERVISOR WALTER- IT WAS AN EXCELLENT SHOW. . .WELL ORGANIZED. . . MR. MURRAY- REGARD THE ZONING AMENDMENTS YOU TOOK NO ACTION ,OF 7079 AND 10051 . . . SUPERVISOR WALTER- THAT IS CORRECT. . . IT HAS BEEN TABLED. . . MR. MURRAY-WILL THERE BE ANOTHER PUBLIC HEARING ON THIS? SUPERVISOR WALTER-IT WILL BE DONE AT A PUBLIC MEEING BUT I DOUBT THERE WILL BE ANOTHER PUBLIC HEARING, UNLESS SOME SIGNIFICANT CHANGES ARE MADE. . . 190 I WILL GET THE INFORMATION FROM THE APA TO THE BOARD SO THEY MAY STUDY IT. . . MR. ADAMSON-I AM HERE FOR THE NO. QUEENSBURY SEWER-I WOULD LIKE AN UP DATE ON HOW THINGS STAND AT THIS POINT . . . I WOULD LIKE TO ASK THE SECRETARY TO PUT THIS ISSUE ON THE AGENDA FOR NEXT TIME FOR A STATUS REPORT. . . SUPERVISOR WALTER- WE HAVE NEVER DONE THAT BEFOREjYOU MAY BRING UP ANY ITEM AT OPEN FORUM. . . YOU MAY CALL UP AT ANY TIME AND FIND OUT WHAT IS HAPPENING. . . O,N THE ADVICE OF COUNSEL I HAVE WRITTEN TWO LETTERS., ONE TO THE ATTORNEY GENERAL OF NEW YORK TO GET AN OPINION ON THE LAKE GEORGE LAW { AND WHAT IT SAYS AND THE OTHER LETTER WAS WRITTEN TO COMMISSIONER WILLAIMS OF THE DEPT. OF ENVIRONMENTAL CONSERVATION-THEY WERE ASKED TO ADVISE THIS TOWN BOARD ON TWO ASPECTS . ONE WAS LEGAL OPINION OF THEIR DEPT. � COUNSEL AS TO THE LAKE GEORGE LAW AND THE OTHER WAS HOW THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERCEIVES ASEWER DISTRICT IN THE NORTHERN PART OF QUEENSBURYj IN AS MUCH AS IT DOES NOT CONCUR WITH WHAT HAS BEEN PUT OUT ALREADY ON A DRAFT ENVIRONMENTAL STATEMENT . CONSIDERING OF COURSE THAT WE ARE AWAITING THE FINAL STATEMENT . HOW WOULD IT STAND AS FAR AS HE IS CONCERNED IN THE DEPARTMENT WHEN WHAT HAS BEEN LISTED IN THE ENVIRONMENTAL IMPACT STATEMENT. . . .HOW THE DEPARTMENT WOULD VIEW THE PROJECT] IN AS MUCH AS IT DOES NOT CONCUR WITH WHAT HAS BEEN BROUGHT OUT, IN THE EIS. MR. MATHIAS- ONE OF THE CONCERNS THAT HAS BEEN EXPRESSED HAS TO DO WITH THE EXPENDITURE OF FUNDS UNTIL SUCH TIMERS A BASIC LEGAL IMPEDIMENT TO f THE SYSTEM IS CLARIFIED. . . MR. ADAMSON- . . . THERE ARE PEOPLE LIKE SENATOR MO XU'IAN , SOLOMON , OTHER PEOPLE RECOGNIZE THE EPA PROBABLY WENT ASTRAY , THERE ARE INDICATIONS THAT F EPA ITSELF REALIZE . . . SUPERVISOR WALTER- SENATOR MOYNIHAN HAS Nn STATUS AS FAR AS THIS PROJECT IS CONCERNEDrTHIS IS A DECISION OF THE TOWN BOARD NOT THE SENATE OF THE UNITED STATES OR REPRESENTATIVE THEREOF. . . . . WE ARE TRYING TO LOOK AHEAD TO GET SOME CLARIFICATION1TO MAKE A MOVEMENT IN SOME DIRECTION AS COUNSEL HAS INDICATED_tIT IS HIS OPINION THAT THE TOWN BOARD SHOULD NOT EXPEND ANY FUNDS UNTIL THEY FIND OUT WHAT DIRECTION THEY ARE GOING IN BECAUSE IT WOULD BE A WASTE OF THE TAXPAYERS MONEY IF WE STARTED OUT IN A DIRECTION THAT WAS DIRECTLY OPPOSED TO THE LAWS OF THE STATE OF N.Y. MR. ADAMSON- IT IS SO OBVIOUS. . . THAT SEWERS ARE NEEDED. . . COUNCILMAN OLSON- IN A REASONABLE LENGHTH OF TIME WE SHOULD GET AN ANSWER ( THE LETTER SENT OUT TO ATTORNEY GENERAL AND COMMISSIONER WILLIAMS ) SOON OR WE WILL MAKE A PHONE CALL . . . I HAVE TALKED TO ATTORNEY STEWART AND TO MR. HILLMAN IN REGARD TO THE LAKE GEORGE LAW . . . MR. ADAMSON-THERE IS NEED FOR HURRY BECAUSE WE STILL HAVE IN MIND 1 OCTOBER 84 FOR THE 75% FEDERAL FUNDING. . . SUPERVISOR WALTER- YOU HAVE GOT TO UNDERSTAND MR. ADAMSON THAT YOU ARE NOT GOING TO GET ANY MONEY AT ALL FROM ANYBODY UNLESS YOUR PLAN IS APPROVED BY ALL THE AGENCIES THAT ARE GOING TO GIVE THAT 75% FUNDING OUT. . . WHAT YOU HAVE­SUGGESTED FOR THE BOARD TO DO IS DIRECTLY OPPOSED TO WHAT EVEN THE LAW SAYSjSO THERE IS NO CHANCE IN THE WORLD TO EVER GET ANY FUNDING AS OF THIS DATE TO DO WHAT YOURANTICIPATING DOING AND THERE IS VERY LITTLE AT THIS POINT IN THE GAME OF GETTING ANY FUNDING AT ALL. WE HAVE BEEN TALKING TO ENGINEERS ON ANOTHER PROJECT WHO DEAL WITH THIS EVERYDAY AND THEIR STORY TO US IS VERY BLEAK ABOUT GETTING ANY FUNDING •_/ j AT ALL. MR. TURNBULL- NOTED THAT HE ENJOYED THE EXPO WORKED wr -iD"R .EISENHART , i AND MR. BODENWEISER ON JUDGING ART WORK OF CHILDREN ON FIRE SAFETY. . . QSBY. SENIOR CITIZENS SOLD BAKE GOODS AT THE EXPO. . THE SENIORS WILL PARTICIPATE IN THE MEMg3AL DAY PARADE SUNDAY MAY 29TH AT 1 :P. M. RE-6 PROPERTY ON LAFAYETTE RD. HAS THE MONEY THAT HAS BEEN SET ASIDE FOR THE PROJECT BEEN ENCUMBERED FOR FUTURE USE OR HAS IT GONE BACK TO THE GENERAL FUND. SUPERVISOR WALTER- THE MONEY IS IN A REVENUE SHARING ACCOUNT MR. TURNBULL- THERE IS SOME POSSIBILITY THAT THIS MONEY COULD GO FOR SOME- THING IN THE FUTURE FOR SOME OTHER STRUCTURE IS THAT CORRECT? SUPERVISOR WALTER- YES 191 MR. TURNBULL- WAHT DOES THE BEAUTIFICATION COMMITTEE DO? COUNCILMAN MONAHAN- THEIR PRIMARY JOB IS TO WORK WITH THE PLANNING BOARD AND ZONING BOARD , I COUNCILMAN MORRELL- THEY ARE AN ADVISORY BOARD. . . MR. TURNBULL- WONDERED IF THE BEAUTIFICATION COULD APPROACH SOME AREAS IVN THE TOWN THAT NEED CLEANING UPS WE HAVE THE TRAILER ON BAY ROAD AND THE PLACE ACROSS FROM MRS. MONAHAN THAT IS NOT ONLY A HEALTH HAZARD BUT ANY KIND OF HAZARD THAT YOU CAN THINK OF. . . WE HAVE ANOTHER PLACE ON SUNNYSIDE THAT HAS A COUPLE OF LOADS OF BUILDING CUT IN HALF SITTING ON j THE PROPERTY SUPERVISOR WALTER- THERE IS A VERY FINE LINE HEREjTHERE IS RESISTANCE FOR GOVERNMENT TO TELL ANYBODY THAT THEY CANNOT LIVE. . . IF A PLACE IS MESSY THERE IS NO AUTHORITY FOR LOCAL GOVERNMENT TO GO IN AND TELL THEM TO CLEAN UP. . . IF IT IS A HEALTH HAZARD OR UNSAFE STRUCTURE WE HAVE SOME AUTHORITY. . . MRS. TURNBULL- WHAT ABOUT THE TRAILER ON BAY ROAD. . . SUPERVISOR WALTER- THERE IS CURRENTLY ACTION BEING TAKEN IN REGARD TO THAT PROPERTY. . . MR. LYNN- WE HAVE HAD A HARD TIME LOCATING THE PROPERTY OWNERJWE HAVE BEEN WORKING ON IT FOR SEVERAL MONTHS. . SUPERVISOR WALTER- WE DO TAKE PEOPLE TO COURT , WE HAVE TWO CASES IN COURT RIGHT NOW. . . RELATIVE TO THE ZONING ORDINANCE. . .- COUNCILMAN OLSON- PRESENTED THE TOWN BOARD WITH A COPY OF THE ROAD MILEAGE PUT TOGETHER 'BY MR. NAYLOR AND HIS STAFF, FOR PAVING PROGRAM IN THE TOWN OF QUEENSBURY. . . RESOLUTION APPROVING SPECIAL AUDIT OF BILLS RESOLUTION NO . 113 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : RESOLVED, THAT AUD3 T OF BILLS AS APPEARS ON ABSTRACT NO. 83-5D AND NUMBERED 832-833 AND TOTALING $23 , 820 . 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. RESPECTFULLY SUBMITTED, DONALD A. CHASE , TOWN CLERK f i