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1978-07-11 66 REGULAR TOWN BOARD MEETING JULY lit 1978 MEMBERS PRESENT: i Michel Brandt-Supervisor Daniel Olson-Councilman Dr. Charles Eisenhart-Councilman Mrs. Frances Walter-Councilman Joseph Brennan-Town Counsel-Absent Mr. Hammond Robertson-Absent PRESS: G.F. Post Star, WWSC, WBZA GUESTS: Family and Friends of Patrolman Steven Bott, Residents of South Queensbury (Dix Avenue Area) Mr. Hess , Mr. Turnbull TOWN OFFICIALS: George Liapes , Steven Lynn, Shirely Shenk, Mr. William Bodenweiser Meeting Opened: 7:40 P.M. . Salute to the Flag led by Councilman Olson BID OPENING-TRAFFIC SIGNAL-NOTICE SHOWN Supervisor Brandt- requested that the Town Clerk read the bids submitted. Donald A. Chase, Town Clerk- read the following bids. Russell Brown P.O. Box 647 Glens Falls, New York 12801 Bid $4,599.00 no- non-Collusive ---------------------------------------------------------------------- Vernon L. Brown Quaker Road P.O. Box 592 Glens Falls , New York 12801 Bid $4,200.00 no-non-Collusive --------------------------------------------------------------------- Supervisor Brandt- requested that the Town Clerk notify each bidder that he must sign a non-collusive, the bids will then be turned over to,�the Highway Supt. for his recommendation. PUBLIC HEARING-HESS REZONING-NOTICE SHOWN 7:42P.M. Supervisor Brandt-opened the formal hearing requested that Mr. Liepes review the proposal. George Liepes-Building Inspector- using maps of the Dix Avenue area. Mr. Liepes defined the_ area of the proposed rezoning. . .noted that Mr. Hess requested that his property be rezoned from R-4 to C-3, the Town Planning Board recommended that 200' No. and So. of Dix Avenue-Waslfygto jo. the Corner of Quaker and Highland Avenue be rezoned to C-3 except (` a triangular section. Reviewed the numerous variances in ithe immediate area. . . Joseph Daire-what is the reason for rezoning Mr. Hess' s property? noted that the business had noise. . .questioned if the valuation of his property would go up or down if the zone was changed? Mr. Hess-Reviewed,.bbe history of the building, a business for 30 years. . . noted that he purchased the property from Sealtest four years ago. . . it has always been a commercial building. . .noted in a study that the Town had done the area was recommended to be commercial on Dix Avenue. . .noted that if he was zoned commercial he would know what he could do with his property. . . Supervisor Brandt- when there is a business that is non-conforming, there are limitations to expansion. . . Councilman Olson- The business in a non commercial zone can expand 50% with a variance. . . I I 3 Af Councilman Olson- Are not the Hess' s operating under a variance now? i George Liapes- yes Loxmine Waters livesnext door to the Hess property-voiced complaint against the noise of the business. . .noted large boxes that block her view. . . Mrs. Simpson-asked -for-clarification as to the point of beginning of the proposed rezoning? George Liapes- Highland & Dix No. & So. to the County line. Councilman Olson- questioned where the triangle was? `— George Liapes- where the Sunoco station was operating. . . i Mrs. Simpson- questioned if a barn burns down in a now commercial zone could it be replaced? George Liapes- no,not without a variance. . . Supervisor Brandt- I will request an opinion on such a problem with Town Counsel. . . Bill Hogan- Reviewed the history of the property. . .vacant lot to Mr. Nassivera' s placement of a building. . . Mrs. Hess-felt that it is hard for a variance to be denied in this area due to the fact that it has so many commercial facilities. . .since this is not zoned commercial anyone wishing to establish a business must first apply for a variance in this area which clogs the agAnda' s of the Planning Boards. . .with probably unnecessary issues. . .the rezoning of the whole area would be much more orderly. . . Don Duell-Queensbury Ave. -What is the industrial park for? f � Supervisor Brandt- manufacturing. . .this is a commerical request for I commerce. . .buying and selling type of business. . . Betty Duell- Are they going to enlarge the business? Will there be more noise? Mr. Hess- No plans at the present time. Betty Duell- noted a problem with noise from the ice business and Dorn's at night. . . i Mr. Hess questioned what the noise was at night from his business? Betty Duell- a steady hum. . .a motor running constantly. . . Joesph Daire- will the valuation of my property go up or down if this is rezoned? Donna Bordeau- 1. How will this effect our taxes if this is zoned commercial? 2. In regard to County Owned property will this still hav e t o g o out to bid when sold?d? I Councilman Olson-If y our ro ert is changed from Residential_ to Commercial Cyour assessment does not change.•. in regard to the second question the County would place the property up to bid. . . Jim Barrett-noted that the biggest noise on Dix Avenue is the heavy volume of traffic. . .the area should be rezoned commercial. . . Mr. Hess- noted that the Board looked into Washington Co.noting the commercial property BOCES etc. their feeling was that to rezone commercial would be consistant with Washington Co. Councilman Olson— questioned that approximately 1 year ago there were complaints issued against Mr. Hess' s business, excess water being drained off, is this still a problem, ? Mr. Hess-We do not know have a problem, noted that the water is not being placed in the road but is placed in a septic field. . .have asked county to be allowed to run the water into their drain on Dix Avenue, they have ignored me. . . I I Supervisor Brandt- noted that with the proposed sewer system being placed that would elevate the problem. . . Councilman Olson- noted that he would speak to the County in regard to the placement of the water into the drain on Dix Avenue. . . . Unknown- If this is rezoned commercial will they widen Dix Avenue and place a light at Dix and Qsby. Ave. ? Supervisor Brandt-noted that there is an increase of traffic. . .we will have to address ourselves to this problem in the future. . . Hearing closed 8: 10P.M. - f RESOLUTIONS i Supervisor Brandt- requested Mr. Steven Bott to come before the Town Board. . . (Mr. Bott was present before the Board) Councilman Walter-read the following resolution. . . RESOLUTION OF COMMENDATION TO STEVEN BOTT, PATROLMAN RESOLUTIO N0. 179: Introduced by Mrs. Frances Walter who moved for its adopseco--nded-by Mr. Michel Brandt: WHEREAS, on June 15, 1978, Patrolman Steven Bott was awakened by Mrs. Lynn Volino, a next door neighbor, frantically asking for his help in saving her infant baby from their burning house, and WHEREAS, Patrolman Bott ran next door to the Volino residence, and with complete disregard for his own safety, entered the burning building and -into the child' s downstairs bedroom, and due to the intense smoke and heat, Patrolman Bott was unable to locate the child immediately, but was subsequently found huddled in a corner, and WHEREAS, Patrolman Bott was unable to leave the house as he had entered due to the increase of flame and smoke, but was able to open a downstairs bathroom window, lowering the child to the ground through this window, and subsequently lowering himself by the same method, therefore be it RESOLVED, that Patrolman Bott brought honor and prestige to the Town of Queensbury and the Queensbury Police Department by saving the life of the 2k year old Volino infant, and be it further RESOLVED, that the Town Board of the Town of Queensbury officially recognizes this act of valor, and will make this resolution an official part of Patrolman Steven Bott-'s record. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt Noes: None Absent: Mr. Robertson (The vote was taken by a standing vote and round of applause) Councilman Olson- complemented Mr. Bott on the professional way that he handled his job, you are a credit to your profession as a Policeman and also I--am proud to have you as a Queensbury Policeman. Dr. Eisenhart- I will concur with Councilman Olson' s statement. Supervisor Brandt-You are certainly a credit to the Town and to the department and obviously there is a child that thinks a lot of you too. (The Volino child came forth) Councilman Walter- presented Mr. Bott with a framed Resolution of Commendation from the Town Board. . . Chief Judkins-Steven, If I may, you hear a lot of derogatory remarks made by the press and the various radio programs concerning the supposedly poor actions of the police department, I think the best way in the world t to dispute-these claims is by actions. I can think of no action better than the one you have done, you have my humble congratulations and appreciation. , RESOLUTION TO APPROVE BOARD MINUTES RESOLUTION NO. 180, Introduced by.Dr. Charles Eisenhart who moved for its a option, seconded by Mr. Daniel Olson: RESOLVED, that the Town Board Minutes of June 27th 1978 and June 30th 1978 ibe and hereby are approved. Duly adopted by the following vote: f i Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt Noes : None Absent: Mr. Robertson i Discussion held on the Hess rezoning. . . i Mr. Hess-questioned if there will be any action taken tonight on the rezoning public hearing? f Supervisor Brandt-would request that the Planning Board meet".with the Board and discuss what they were looking for and also to meet with Town Counsel to clear up some legal questions. . .would again address the issue two week from tonight. . . Mr. Hess- noted that he felt there had been time since the last planning Board meeting to be notified to have someone present from that board. . . felt it was not fair to the people that Piave already.. lefty tbe 'will know nothing about it. . . Councilman Eisenhart- noted that he felt the Board needed more input from the Plannigg Board. . . Mr. Hess- From my standpoint it has been four months and the homework could have been done. . . i Councilman Eisenhart- does this delay effect you in any way? Mr. Hess- yes. . .noted that leases were coming up soon and were expiring have found people reluctant to go through the variance procedure . . . Supervisor Brandt- noted that he understood the problem but the Board would like input from the Planning Board and Town Council before the decision is made. . . RESOLUTION OF APPRECIATION RF.SnT_171MM mn 1 3 Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, John E. Fitzgerald was appointed a member of the Zoning Board of Appeals on September 14, 1967 holding the post of Chairman of that Board, and i WHEREAS, Mr. Fitzgerald has devoted his time and expertise to the growth and development of the Town of Queensbury, and WHEREAS, John E. Fitzgerald resigned from the Zoning Board of Appeals on February 14, 1978, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury wishes to express their sincere appreciation for his years of service and his dedication to the Town of Queensbury, and be it further RESOLVED, that the Town Board wishes to express to him and his family the very best in all their future endeavors. Duly adopted by the following vote: i Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt Noes: None I Absent: Mr. Robertson r 70 Supervisor Brandt- I would like to present a plaque to Mr. Fitzgerald at the next Town Board Meeting. . .requested Councilman Olson to make the arrangements. . . RESOLUTION TO ACCEPT BID RESOLUTION NO. 182 . Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mrs. Frances Walter: WHEREAS, the Town Board of the Town of Queensbury did advertise for bids for a Traffic Entrance Control System for the Solid Waste Transfer station-Queensbury-Glens Falls Joint Landfills, and WHEREAS, two bids were received and turned over to the Queenshury- Glens Falls Joint Landfill Committee for their recommendation, Now Therefore be it RESOLVED, that upon the Committee's recommendation the Town Board accepts the bid of Stanley Magic Door, Inc. of Bristol Connecticut for two at the base bid of $5,150.00. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt Noes : None Absent: Mr. Robertson RESOLUTION TO RESCIND RRS0 . 1T'TON No_ 183_ Introduced by Mr. Michel Brandt who moved for its adoption,, seconded by Dr. Charles Eisenhart: RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds Resolution No. 101 of April 11, 1978, resolution to accept bid for scrap metal at the Queensbury-Glens Falls landfill. Duly adopted by the following vote: l Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt Noes : None Absent: Mr. Robertson Supervisor Brandt- noted that the accepted bidder reneged on payment to the town. . . RESOLUTION TO ACCEPT BID RPR UITTnN Nn_ 1 ,94- Introduced by Mrs . Frances Walter who moved for its adoption, seconded by Mr. Michel Brandt: WHEREAS, the Queensbury-Glens Falls Landfill Committee has withdrawn their acceptance of the bid of James L. Sweet of Gansevoort for the scrap metal at the Queensbury-Glens Falls Landfill, and WHEREAS, the Town Board of the Town of Queensbury has rescinded the resolution accepting the bid of James L. Sweet, NOW, THEREFORE BE IT RESOLVED, upon the recommendation of the Queensbury-Glens Falls Landfill Committee, the Town Board of the Town of Queensbury hereby accepts the bid of Francis Herrington of Warrensburg, at the bid of $4.00 per ton for scrap metal. i Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt Noes: None j i Absent: Mr. Robertson i RESOLUTION TO APPROPRIATE FUNDS RESOLUTION NO. 185, Introduced by Mr. Michel Brandt who moved for its i 71 adoption, seconded by Dr. Charles Eisenhart: WHEREAS, Anti-recession Funds must be appropriated within six months of receipt, which was January 11, 1978 therefore be it RESOLVED, to transfer $13,900.00 from Anti-Recession (A4720)to Contingency Account (A1940.440) . Duly adopted by the following vote: i Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt Noes : None I Absent: Mr. Robertson I RESOLUTION TO TRANSFER FUNDS ELSOLUTION N0. 186 Introduced by Mr. Michel Brandt who moved for its adoption, se con a by Mrs. Frances Walter: WHEREAS, in 1977 the Police Telephone Bills were improperly coded for audit and charged to the Buildings Account rather than A3120.410 (Police Telephone) , and WHEREAS, this amount of money as improperly coded was used as an estimate for the 1978 budget process causing a deficit in the Police Telephone Account and WHEREAS, a surplus exists in the Police Retirement Account A3120.810, due to a payment made to the Police Retirement System which was less than the budgeted appropriation, therefore be it RESOLVED, to transfer $1,200.00 from Police Retirement A3120.810 to A3120.410, Police Telephone to cover anticipated phone bills for the remainder of the budget year. jDuly adopted by the following vote: Ayes : Mr. Olson, Der. Eisenhart, Mrs. Walter, Mr. Brandt Noes: None Absent: Mr. Robertson I Discussion was held on Halfway Brook F Supervisor Brandt- reviewed the problem of a rising water table caused by the silt and obstructions that have blocked Halfway Brook. . .requested that the Town Board request the Conservation Advisory Counsel to look into this situation of straightening and cleaning up Halfway Brook . . . Councilman Olson- asked if this would also be the proper time to give the Supervisor the power to grant monies for engineering work for the proposed project. . . j Supervisor Brandt- I would request that a resolution of that nature be made at a later time. . . i RESOLUTION REQUESTING ASSISTANCE RFC(1T_TTTTnw mO. 18] Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that the Town Board of the Town of Queensbury hereby requests that the Queensbury Conservation Adivsory Council address itself to the advisability of straightening the course of Halfway Brook from Hovey Pond to beyond Meadowbrook Road, and be it further RESOLVED, that the Conservation Advisory Council report to the Town Board as soon as s.ossible on their findings. g Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt Noes: None Absent: Mr. Robertson 72 RESOLUTION TO APPOINT A TEMPORARY CHAIRMAN OF THE SIGN COMMITTEE FOR THE TOWN OF QUEENSBURY RESOLUTION NO. 188 Introduced by Mr. Olson who moved its adoption, seconded y Mr. Brandt: WHEREAS, Mrs. Sjoredje Richardson of 16 Greenway Drive, Town of Queensbury has chosen to resign as chairman of the Sign Committee for the Town of Queensbury but still wishes to remain on as a member of said committee, NOW, THEREFORE BE IT RESOLVED, that Mr. George Kurosaka of 13 Arbutus Drive, Town of Queensbury be and he hereby is appointed a temporary chairman of the Town of Queensbury Sign Committee until such time that said committee i can appoint a permanent chairman. ', 1 Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt �J Noes : None Absent: Mr. Robertson MOBILE HOME-Robert E. Chattin & Brenda G. Chattin-Minnesota Ave.-change of ownership of an existing mobile home- Mr. & Mrs. Chattin were present with Counsel, Mr. Carusone. . .Building Inspector' s report was placed on file. . . Councilman Eisenhart- questioned if the area was as the application states an area of almost entirely mobile homes? George Liapes- yes. . .reviewed the background of the mobile home. . stating that if the application was approved the Chattin' s would hook up to Town Water and install two smoke alarma. . . .noted that they had canvassed the area and found no objections. . . of those that were contacted. . . Attorney Carusone- spoke to the Board, presenting maps of the area _ denoting the number of mobile homes. . .also gave a list of signatures r of neighbors. .uo objections. . . stated hardship of the applicants. . . Councilman Olson- noted that he had seen the applicants present home j and noted that it is very well kept. Disauesion was held anid it was decided that the application would be approved by the Board subject to Town Counsel advice, if Town Counsel felt that a hearing was necessary the resolution would be changed to a Resolution to Set Public Hearing. . . (Town Counsel advised the Town Clerk that a public hearing would have to be set) RESOLUTION TO AUTHORIZE PUBLIC HEARING BERO . t 'TON NO 189 . Introduced by Dr. Charles Eisenhart who ..moved for its adoption, seconded by Mr. Michel Brandt: WHEREAS, Robert E. & Brenda G. Chattin 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 outside at property situated at Minnesota Avenue, 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 July 25th 1978 at 7 : 30 P.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, Mrs. Walter, Mr. Brandt 7 Noes: None Absent: Mr. Robertson i REPORTS-the following reports were placed on file. . . i Town Clerk's, Dog Warden' s, Building & Zoning' s and Supervisor's monthly statment. OPEN FORUM C 8:44 P.M. i Mr. Turnbull-do commercial truckers have keys to the landfill to dump j after hours? Councilman Walter- that was past practice but not :now. . .reviewed the �= proposal of a seperate entrance for commercial haulers along with a` weigh ing proce dure . . . Supervisor Brandt- spoke on the ID card that has been proposed for commercial haulers to be used along with the weight scales. . . { OPEN FORUM CLOSED 8:47 P.M. i Litter of resignation placed on file from John Carusone Town Counsel. . . RESOLUTION TO APPROVE AUDIT OF BILLS RESO UTION N0, 190_ Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mr. Daniel Olson: E RESOLVED, that Audit of Bills as listed on Abstract No. 78-7A. and numbered 805 through 933 and totaling $343,267.91 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt Noes: None Absent: Mr. Robertson On motion the meeting was adjourned. Respectfully, Donald A. Chase Town Clerk Town of Queensbury i REGULAR TOWN BOARD MEETING JULY 25, 1978 MEMBERS PRESENT f Michel Brandt-Supervisor Daniel Olson-Councilman Dr. Charles Eisenhart-Councilman Frances Walter-Councilman i j Joseph Brennan-Town Counsel f ABSENT: t NT: Hammond Robertson, Councilman Meeting Opened 7: 30 P.M. Salute to the Flag led by Councilman Eisenhart PRESS: Gten6 .F.alls Post Star, WWSC, WBZA GUESTS: Residents of Dix Avenue area, Mr. Turnbull, Mr. Carusone, Mr. and Mrs. Chattin, Mr. Bradway, Mr.Walter Kelley Jr. TOWN OFFICIALS: George Liapes, Steven Lynn, Mrs. Shenk, Mr. Moynihan PUBLIC HEARING-MOBILE HOME-Robert E. Chattin . and Brenda Chattin- change of ownership, location of Mobile home Minnesota Avenue i