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1991-09-23 TOWN BOARD MEETING SEPTEMBER 23, 1991 7:25 P.M RES#498-518 MTG#41 BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPERVISOR GEORGE KUROSAKA-COUNCILMAN RONALD MONTESI -COUNCILMAN BETTY MONAHAN-COUNCILMAN BOARD MEMBER ABSENT MARILYN POTENZA-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS KATHLEEN KATHE PRESS: Channel 8, WWSC, G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN PUBLIC HEARING PROPOSED LOCAL LAW - HANDICAPPED PARKING, DUNHAMS BAY NOTICE SHOWN 7:27 p.m SUPERVISOR BORGOS-I'll declared this hearing opened. Anyone who wishes to speak for or against the proposed handicapped parking regulations, please come forward, state your name, address and say what you would like, or if you have questions to ask, please do that. Who would like to be first? I see several people who would be interested in this in the audience. JOHN SCHRINER-I'm here representing Mr. Earl Shortsleeve and I was the one who is requesting this handicapped parking on Shortsleeve's property that he has a deed for and he's paid taxes on it since 1963. He's a handicapped person and I feel that he should have a place to park his car when he wants to get down to the boat dock. That's about all. SUPERVISOR BORGOS- Thank you very much. Anyone else in the audience wish to speak? Please state your name and address. ROGER HOWARD-I'm the owner of Dunham's Bay Boat Company, adjacent to Mr. Shortsleeves. I've got no objection to handicapped parking, although I believe the proposal calls for 2 spots for handicapped, 2 parking places. The area that I understand has been proposed for this spot is in the center of the area that we use for unloading boats, the tractor trailers that come in. We require a spot that's fairly wide and level in order to operate the fork lift in a safe manor and this is the only area really that we have in the congested area we try to operate out of. I would propose there's a level area on the opposite side of the road that is adjacent to Shortsleeve's property. It is an area that is level and it's just been freshly paved and I would have no objection to having a handicapped parking spot designated in that area and I think it would be a better spot than the area that has been proposed. COUNCILMAN MONAHAN-Mr. Howard where, we don't have a map as the Town Board, of the proposed location and I'm just curious to see where it is proposed. I know the area that you're talking about but do you have a map of what is proposed for the handicapped zone? MR. HOWARD-I've got a map that I think is correct. SUPERVISOR BORGOS-Let's ask our Town Attorney, do you have a map? ATTORNEY DUSEK-I don't with me, no. SUPERVISOR BORGOS-I've been involved in a lot of these discussions as you know. I've been meeting with you and Mr. Schriner but I did not get involved with picking out the specific spot. ATTORNEY DUSEK-The law itself does not call for a specific spot but it was anticipated when the Board first considered it and I think it might have been Mr. Montesi talked to me briefly at some point and we sent Dave Hatin up. COUNCILMAN MONTESI -Yes. ATTORNEY DUSEK-And the goal was because this whole issue is being studied, the road, the right-of- ways and everything else, we thought the best thing to do since I know different parties are claiming different rights and everything up there, that the easiest thing to do would be to take the Dunham's Bay Road or what we call Dunham's Bay Road and I don't even know if that is the correct name but that road that goes off of Route 9L and kind of curves up past your boat launch facility and on up again, was to look and take just that portion of those places where Mr. Shortsleeve's property crosses that road, thinking that would be the best, safest, legal position to take for the Town. Because 1, it's a road by use, 2, it's by Mr. Shortsleeve's property so that we shouldn't run into a conflict with anybody. Are you saying that that location on Mr. Shortsleeve's property, I guess it would be presumably right near where the dock is, is a bad place? MR. HOWARD-It certainly is bad from my standpoint because that is part of the area that we really need to conduct business. It's my understanding that the whole thing is a Town road, Mr. Shortsleeve and all of us own up to the road but I didn't believe that anyone was claiming the actual road bed. ATTORNEY DUSEK-Well his property ownership rights seem to overlap that area. Now even though it is a road by use, we can obviously have a portion or come over somebodies property, and that is a Town road. The only suggestion that I would make is that since the local law does not actually specify a spot, it is flexible and if the Board is interested in having a meeting occur or something to see if the parties can be brought together in terms of where the spots would be located, I think that the law leaves that flexibility. COUNCILMAN KUROSAKA- The only thing that's practical for handicapped spaces, that the space be accessible without crossing the road for the handicapped person. That's one of the major criteria. COUNCILMAN MONTESI-Roger, as I understand it, Mr. Shortsleeve owns a 15 foot right-of-way on, actually on the lake and it pies shapes out across Dunham's Bay Road, we'll call it that, across Route 9 up to his property up on the hill in a pie shape manor. It was my understanding or my feeling that the handicapped accessible parking for Mr. Shortsleeve was going to be, I thought it was going to be off the road in that area that he owns between the road and the lake. Isn't that sufficient enough for a car to park in there? MR. HOWARD-No it's not. COUNCILMAN MONTESI-It's not? Even parking lengthwise? MR. HOW ARD- The way I understand it, the area that has been proposed is on the, is not on the lake side of the road so whoever ... COUNCILMAN MONTESI-Its over here? MR. HOWARD-Right, it's on the 9L side of the road. COUNCILMAN MONTESI -Okay. MR. HOWARD-So whoever parks there is going to have to cross the road to get to the dock. COUNCILMAN MONTESI-Right. Okay. COUNCILMAN KUROSAKA-Does he have a house there? COUNCILMAN MONTESI-No, no. No house at all George. It's just a 15 foot ... COUNCILMAN MONAHAN-He drives down, right, so he can ... COUNCILMAN MONTESI-He drives down. MR. HOWARD-Right. COUNCILMAN MONTESI-So if he was to drive down now and park on his 15 foot pie shape right-of- way, he would be in the way of your loading operation if he was an active guy and parked there everyday? MR. HOW ARD- That's correct. We certainly can provide for a spot. COUNCILMAN KUROSAKA-Were not talking his 15 foot anyway, we're talking it's the Town's right-of- way. COUNCILMAN MONTESI-Well it's 15 foot on the lake and that it goes up to I think 40 or 50 feet wide as you get up near his property. It's a substantial chunk George. COUNCILMAN MONAHAN-Mr. Howard, this alternate area that you are talking about for the parking, who owns that particular piece of land? MR. HOWARD-I'm not sure where the right-of-way actually is. It probably is part of the Town's highway right -of-way. SUPERVISOR BORGOS-Any other questions for Mr. Howard? COUNCILMAN MONAHAN-Did we ever have that surveyed Steve? COUNCILMAN MONTESI-We're working on it. SUPERVISOR BORGOS-Let me ask Paul. I believe the survey contract has gone out, I'm not sure if it is completed. ATTORNEY DUSEK-We've been in communication with Leon Steves and he's working on it. The problem is, it's an involved project, I know a number of people are concerned. But it's such a complicated, whenever you get around lake frontage first of all, it usually gets difficult. But this one is particular difficult in light of the history. You have Route 9L being moved by the State, you have allegations that parts of the roads were County roads and part of it is considered a Town road and then you have a grassy, beach area that has been changed and it goes back. There's such a history on this thing, it's unbelievable the things that I'm coming out with. I think that Leon Steves will go a long ways once he gets it resolved but in fairness to him, its something that is going to take him a little while. SUPERVISOR BORGOS-It's not just a matter of him going out and putting some stakes in the ground. He's got to look at all the old deeds and do all the reference checks. ATTORNEY DUSEK-Right. COUNCILMAN MONTESI-What would happen if someone other than Mr. Shortsleeve who has handicapped plates, parked in this parking space? I mean I am making the assumption or the presumption that this is a public road and if there was a public, if it is a handicapped parking slot deemed by this Town, that it would be available to anyone, any public. SUPERVISOR BORGOS-I would think so. COUNCILMAN MONTESI-That could really create a problem too. SUPERVISOR BORGOS-As long as the people are handicapped they could use it. COUNCILMAN MONTESI -Right. SUPERVISOR BORGOS-But if they're not, they can't. COUNCILMAN MONTESI-Right, now, obviously by making it a handicapped parking zone only, than that would allow the sheriffs department to ticket anyone that was in that parking area that didn't have a handicapped plate. MR. HOW ARD- That's right. COUNCILMAN MONTESI-That's a pretty good deter to keep it opened. I understand where both parties are coming from. COUNCILMAN KUROSAKA-What's the reason for the 2 parking spaces? COUNCILMAN MONTESI-I don't' know. A request for 2? SUPERVISOR BORGOS-I presume it's in case somebody else with a handicap, park there, at least there's a chance that there would be 1 space. MR. SCHRINER-First of all, the reason I requested 2, was just like Mr. Borgos said, the odds of 2 handicapped being there when Mr. Shortsleeve wants to use it, is nill, very slight. The other thing, I've got to dispute Roger as long as he is here. Number 1, I've yet to ever see the boats unloaded on Shortsleeve's piece of pie for this simple reason, it's the narrowest part of the whole length of the road. Any time I've ever saw the boats removed, I'm not up there all the time, are unloaded, they're up on the part that borders Dunham's Bay Lodge, up in the wide part of the road. The other thing is, if this is where he unloads boats, why does he have a dumpster parked there 12 months of year. This is my other point. All weekend there was a boat on a trailer, 2 boats on a trailer, a trailer by itself, right in the same area, they were moved today at approximately 4:00. Coincidence probably. But over the holiday weekend, this thing had boats on it, there was no place to park the car. Mr. Shortsleeve has been up 4 times this sununer because he is sick. Two times I wanted to take him out for a boat ride. I let him off at the dock, he stood there and waited for me, I took the car back up to the camp, come back down and helped him in the boat. So this is why I am saying, he should be entitled to park on his portion that he owns with the deed. Roger suggested a parking spot, very good, I know of it. But I know Mr. Shortsleeve doesn't want to get involved with that. He wants to be on his own piece of property. This is what he owns, this is where he would like to stay. That's all I can say. SUPERVISOR BORGOS- Thank you. As most people can see, this is a rather difficult and long standing problem. This is a proposed solution to that problem. Anyone else wish to speak? JOHN SALVADORE-We are residents on Dunham's Bay and the proprietor's of Dunham's Bay Lodge. Firstly, I think it's incredible we stand here tonight and don't have a plan. Something to look at and observe. Something to show property boundaries, something to show what we are talking about. Secondly, in all the years we've been here, I have never seen in the documentation of deeds, easements, the term, Dunham's Bay Road. I've never seen that term. I don't think such a road exists and I don't think the Town is in the possession of any kind of road known as Dunham's Bay Road. COUNCILMAN MONTESI-What did you call it? Or what was it called all these years? MR. SAL V ADORE-There is no road there. COUNCILMAN KUROSAKA-It used to be, the State road used to go through there. MR. SALVADORE-Prior to 1929, it was called the Brayton County Highway. ATTORNEY DUSEK-Well I think Mr. Salvadore, if you'll recall, we did discuss this briefly and that's why tonight I said, supposedly called Dunham's Bay Road. I had heard just referenced made to it and I'm not even sure where it called Dunham's Bay Road so for a name, I assumed that that's the appropriate name. From a legal perspective, it doesn't really matter what it's called. The Town has analyzed the road itself and we feel that the proof is sufficient at least at this point, to call it a road by use. Now if it's a road by use, there of course would not be any deed on file or any record for that matter on file necessarily proclaiming it as such. It's just that happens by operation of law, that once a road is a road by use, the Town regains control and possession over it automatically. What we're hoping though is that the survey that we're working with Leon Steves, will go to clarify your questions as well as many other issues. I'm still looking at this from a legal perspective with open mind, only at this point, acting on the best available information I have to me which indicates it's a road by use and it's appropriate to designate a couple of handicapped parking spots over there. MR. SAL V ADORE-Well in the absence of Mr. Steve's completed work, I don't think you are prepared to act. ATTORNEY DUSEK-No I think we have sufficient evidence at this point ... MR. SAL V ADORE-I have evidence. ATTORNEY DUSEK-As I indicated earlier that if it's not a road by use, even if there is some sort of a problem there, as long as we are on the property ofMr. Shortsleeves' and he's agreeing to it, I don't see a problem. SUPERVISOR BORGOS-Let me ask you a question. Didn't we determine some months ago that this road was listed on our 1963 list, the resolution that accepted the Town roads? ATTORNEY DUSEK-I can't recall right now Steve whether we did or didn't. SUPERVISOR BORGOS-I'm pretty sure that it was there and we have evidence from people who used to plow that road, Town employees who plowed that road. ATTORNEY DUSEK-The Clerk is indicating she feels that it very well could be listed there. SUPERVISOR BORGOS- This is a very, very difficult matter. COUNCILMAN KUROSAKA-There's a lot of roads that aren't deeded, what you call, roads by description. COUNCILMAN MONAHAN-I was going to say, I realize that these maps probably have no legal standing but it is listed on there, the jimapco maps for the Town. TOWN CLERK DOUGHER-That was taken from my records. COUNCILMAN MONAHAN-That's what I figured. ATTORNEY DUSEK-Is it called Dunham's Bay Road? COUNCILMAN MONAHAN-Yes. TOWN CLERK DOUGHER-Yes. ATTORNEY DUSEK-Betty says it's noted on the map as Dunham's Bay Road so there seems to be a few. MR. SALVADORE-Fine. This is certainly not the forum to argue this thing out and I was confident that we would had have the opportunity to present our side of the story in a meeting with members of the Town Board and yourself although I've never been called to that meeting. SUPERVISOR BORGOS-Well, we're right here. We can't have ... MR. SAL V ADORE-This is not the forum Mr. Borgos. SUPERVISOR BORGOS-Well we're not permitted under the open meetings law to have any other forum. I may attend with the Attorney, another member of the Town Board may attend, but we can't have the whole Town Board. MR. SALVADORE-Fine, whatever you choose. ATTORNEY DUSEK-Well I think what Mr. Salvadore is leading to here again, is once we have more information, I've certainly indicated to Mr. Salvadore, that we're more than happy to sit down with him and show him everything we've got. SUPERVISOR BORGOS-Absolutely. ATTORNEY DUSEK-I know that's been the policy, it's just that John, it hasn't occurred to date because we just haven't had enough information to give you yet. I don't, you know, in fact I was up to your place at one point and you shared information with me and I told you as much as I knew at the time and now I want to have some more information that I can give to you that we can come to a meeting with and it's just taken a little longer than we anticipated. MR. SALVADORE-Okay but ... COUNCILMAN MONTESI-I think John your point is well taken, that the Board isn't ready to make a decision tonight and one of the things that I need to do is I need to be able to have Leon Steves map in front of me that shows very clearly where Mr. Shortsleeve's property lines are or his right -of-ways. At that point I'd like to take the time to spend some time with my Code Enforcement Officer, Dave Hatin and look at what he's proposed for 2 parking spots and what some alternatives would be. But before I do that, I need to have Leon Steves, this meeting tonight is a public hearing on that and really I'm not prepared to vote on it because I'm not sure where I would be putting these 2 handicapped. You know where would I place that sign, would I have it in that 15 foot zone or not? Would I have it infringing on your side of the 15 foot zone or Dunham's Bay side? So I think we're here tonight to get some input. It obviously effects only 3 people, 3 adjoining property owners or 3 people with rights to that road. MR. SALVADORE-And the owner of the largest area of paved area we're talking about is the State of New York. Okay, remember that. Now I just want to make it clear that from our side and we have the property to the west of Mr. Shortsleeve, we do not subscribe to the understanding that the Town has any kind of ownership, easement or right-of-way over property owned by ourselves. This has long been abandoned and whatever you do should be either on Mr. Shortsleeve's property or Mr. Howard's property. COUNCILMAN MONTESI -And to that end, one of the reasons that we're doing this amount of survey work it that it was hoped that in talking to you, I spoke to you personally and talking to Mr. Shortsleeve and talking to Howard, that perhaps this road should be dedicated back to the adjoining property owners and with some guarantees that the guy in the middle, Mr. Shortsleeve would have the right to his 15 foot ... MR. SALVADORE-It can only be dedicated back if you have some kind of right to it. Okay. COUNCILMAN MONTESI-Yea, but we're working on that and before we can even ... MR. SAL V ADORE- I have the survey ... COUNCILMAN MONTESI-He's done his legal work, we're trying to get the physical work done now and then we can sit down and say, well here's where we are coming from and it may be a mute question because John if we know the points are and everybody agrees, giving back something that we don't own solves the problem once and for all though. I mean, right now we're still up in the air with it. MR. SALVADORE-I've had a surveyor, Mr. Dusek is aware of this and there are markers in the field, they are there for anyone to take a look at. It's been done a long time ago. I don't see any reason for the ... COUNCILMAN MONTESI-Well we don't have ... COUNCILMAN KUROSAKA-We have some old deeds that give right to the center of the road and you know danm well people don't own up to the center of the road. COUNCILMAN MONTESI-We don't have the points up where it begins at Dunham's Bay, we don't have the points by Mr. Howards point either, we don't know where Mr. Howard's points are so we have to do that too. COUNCILMAN KUROSAKA-We have to find out exactly what's going on. MR. SALVADORE-Okay, thank you. SUPERVISOR BORGOS- Thank you. Anyone else? MR. SCHRINER-The part that I requested is on the opposite side of the lake on 9L side which is approximately 45 feet and then it goes across the road to 15 feet. I requested the double on the 45 feet side. I've heard so many things here now I'm more confused. But okay, well now if this comes out that the Town does not have any rights, then I feel that we can put our own handicapped parking spots on Mr. Shortsleeve's property. Am I wrong in assuming this? SUPERVISOR BORGOS- That's a legal question. ATTORNEY DUSEK-Well as the, depending upon how things turn out, if the Town, right now it looks like to the Town, this is a road by use and if we were to give it up, it looks like we would have to go through some kind of abandonment proceedings so there would be something more than just simply saying, its not ours. But should the surveys and everything show that it's logical and should the parties agree that we can give it up, the only thing I would caution you on where you might be thinking of putting those would be depend upon whether anybody else has rights-of-way or access across your property as a result to this process that we are going through. It may turn out that Mr. Salvadore or Mr. Howard has some sort or rights of going across your property. MR. SCHRINER-Where would they get them? ATTORNEY DUSEK-It would be in the deeds if they are there and that's what we are searching for. MR. SCHRINER-There ain't any. I'll say that right now. ATTORNEY DUSEK-Well, alright. MR. SCHRINER-There is none. ATTORNEY DUSEK-Well, Leon Steves hasn't finished his survey part of it yet so we won't know that for sure. MR. SCHRINER-My point is, regardless of whether this stays Town, the Town votes in agreement that they want to have, it's okay to have handicapped, then there would be 2 signs put up. If the Town pulls out of this, then I feel that we can put our own up. So one way or the other, there's going to be some handicapped parking there. COUNCILMAN MONTESI-One other question. Where you proposed it on the north, on the side away from the lake ... MR. SCHRINER-The south side. COUNCILMAN MONTESI-The south side, would the car if it was parked there be totally off the road? In other words, if ... MR. SCHRINER-I can answer that, it would be, let me put it this way, there would be ... COUNCILMAN MONTESI -Because there is a big bank there. MR. SCHRINER-Let me put it this way, there would be room to drive another vehicle through. COUNCILMAN MONTESI-That's what I'm asking. MR. SCHRINER-Because Mr. Howard has parked boats there which is much larger than cars in the past, traffic still went through. There's a dumpster there, wide as my car is, cars still go through. So there's no problem of blocking the road. COUNCILMAN MONTESI -Yea because there's enough room you're saying to park off the road with a car and then the back begins up to Route 9. MR. SCHRINER-The reason I'm saying I can't say whether it's off the road or not because the whole thing is all a road, I mean to us. COUNCILMAN MONTESI -Right. MR. SCHRINER-I have no idea where an actual fifteen, twenty foot or whatever, it's still all road as far as I'm concerned. SUPERVISOR BORGOS-Any other comments from the audience any questions? Any other questions or comments from the Board? COUNCILMAN KUROSAKA-Holding the public hearing that's the only thing we can do. SUPERVISOR BORGOS-We're holding the public hearing to gather more information to hear opinions of that information that has come in from the three people who are most involved up there. Other Board members questions or comments? What's the pleasure of the Board? COUNCILMAN KUROSAKA-I think we ought to wait until we get some more information. SUPERVISOR BORGOS-Let's close the public hearing. The public hearing is closed. PUBLIC HEARING CLOSED 7:50 P.M. The consensus of the Board was to hold this matter until more information is obtained. PUBLIC HEARING LOCAL LAW DOCK USAGE PUBLIC HEARING OPENED 7:52 P.M. SUPERVISOR BORGOS-I'll ask the Clerk if this has been advertised? TOWN CLERK-Yes. SUPERVISOR BORGOS-Anybody here interested in the dock on Assembly Point that is part of the Shore Colony Water District? Yes sir, please state your name and address and say what you'd like. BOB ECKHARDT - I have the house next to the water tank. SUPERVISOR BORGOS-Look at the water to the right or the left? MR. ECKHARDT-To the left. It is my understanding now that the Town is going to take over the dockage, which I'd like to see so it would be fixed and the water tank. Is that what this meeting is about? SUPERVISOR BORGOS-The Town is concerned with the condition of the dock. The Town is concerned with the unauthorize use by members of the general public. The Town is concerned with liability issues and safety. The dock when we visited the springtime was in deplorable condition then we found someone was trying to fix it and we don't know who had what authority and we asked that some of that come to a halt. We've looked at all kinds of maps that show perhaps the extension of the dock the little "L" shape piece perhaps isn't even on Town property that's a major concern. But, we're most concerned about who uses it and we want to make sure that it's safe. I'll ask our Attorney to fill us in passed that point cause he has gotten indepth into this particular law. ATTORNEY DUSEK-This particular Local Law is only designed to control access to the dock. We've had complaints that general public are using that facility and the concern is as Steve mentioned for the liability and also over the condition of the situation up there. So this Local Lawall it would do is say that no person can use that dock unless they are from the Town of Queensbury on official business. Two, authorize in some fashion by us such as contractors or whatever else. Three, people who have easement rights and say that they can have it. The actual dock itself is actually not just owned by the Town of Queensbury, but is actual owned by all of the property owners up there. Point infact is that many property owners acquired titled to that dock before the Town of Queensbury acquired the property upon which the dock is situated. It is my understanding at least one of the owners had been working on the dock to repair it and I don't know what the status of those repairs are, but it would seem from a practical standpoint that the dock repairs sense it benefits not really the Town of Queensbury but the property owners up there who have an interest in it seems like they should be paying the cost of the repairs of that dock. MR. ECKHARDT-My concern is, I think that one section is the biggest eyesore on the lake and if the Town is going to own it they should fix it. Now, I already spoke to the Water Department about painting that water tank and he was going to look into it and this was like six months ago and nothing has changed. SUPERVISOR BORGOS-Will talk with him about this tomorrow. MR. ECKHARDT -It's just an eyesore the whole section there. When somebody goes up to the Planning Board for anything right away they tell you about the beautification of the lake of the shoreline and I don't see how they can preach this when this is the biggest eyesore around. This I bought up two or three years ago already and it was going to be checked and it's just getting worse. SUPERVISOR BORGOS-I understood it would be done this summer. MR. ECKHARDT -As far as the people fixing it I think it's good if it is being fixed. But, the water tank is one bad eyesore as far as I'm concerned and I know a lot of the other neighbors are complaining. SUPERVISOR BORGOS-Just to assure you on that particular item in all probability that tank won't be there much longer. MR. ECKHARDT-That's something else I heard from I think your secretary. SUPERVISOR BORGOS-We've got drinking water quality act regulations that take effect in 1993 just two years from now which means in order to use the Lake George water for municipal water supply we have to cover the lake. Obviously we can't put a roof on the lake so most probably either a well somewhere out on the point or a package treatment plant which looks highly unlikely or an abandonment of the water district. My guess is one of those three alternatives and will know in the months ahead. COUNCILMAN MONTESI-Paul, would it be legal for the Town to dismantle the dock? ATTORNEY DUSEK-No. In my opinion the other property owners up there have vested rights in that dock. COUNCILMAN MONTESI-We're trying to pass a local law to be able to enforce the general public from using the dock and only allowing the residents who have deeded rights to that. In essence what would happen is if you happen to see someone who you know wasn't a neighbor pull up to use the dock. . . MR. ECKHARDT-It's kind of hard because there are a lot of houses back there who would actually enforce it? COUNCILMAN MONTESI-So why are we doing this? How are we going to enforce this? MR. ECKHARDT -How will it be enforced? ATTORNEY DUSEK-My understanding is that one of the complaints has been that somebody pulls up and they go fishing there. Presumably they will be there for a little while long enough that if one of the neighbors sees them they can call the Town or call the Sheriff patrol directly. MR. ECKHARDT-This isn't my concern, my concern is that it get's fixed that's the only reason I came to the meeting and your assuring me that most likely it will be. SUPERVISOR BORGOS-We're trying to find out if that little "L" shaped piece for instance that's there is really on someone else's property it has to come off. MR. ECKHARDT-Well I've seen the deed and I know it is as far as that goes. SUPERVISOR BORGOS-I've seen drawings that would indicate that it is we've got to make sure legally before we take whatever action is required to get rid of it. MR. ECKHARDT -But, like not even a water tank there it's like there is another building there that's ready to fall down. SUPERVISOR BORGOS-Pump house. MR. ECKHARDT -So it will be fixed? SUPERVISOR BORGOS-Something is going to happen. MR. ECKHARDT-Thank you. SUPERVISOR BORGOS-Anyone else? Any Board members questions? Hearing nothing further we will close this public hearing. PUBLIC HEARING CLOSED 8:00 P.M. RESOLUTION TO ENACT LOCAL LAW NUMBER 16,1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 70 TO BE ENTITLED "DOCK USAGE" RESOLUTION NO. 498, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to Amend the Code of the Town of Queensbury by Adding a New Chapter 70, Entitled "Dock Usage," which Chapter provides for regulation and control, under penalty of violation, of the Town-owned dock located at Assembly Point, Lake George, in the Town of Queensbury, and WHEREAS, a copy of the aforesaid proposed Local Law entitled, "Dock Usage," is to Amend the Code of the Town of Queensbury by Adding a New Chapter 70 has been presented at this meeting, and WHEREAS, a copy of said Local Law also having been previously given to the Town Board at the time the resolution was adopted which set a date and time for a public hearing, and WHEREAS, on September 23, 1991 a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the aforesaid, proposed Local Law to be known as Local Law Number 16, 1991, the same to be titled and contain such provisions as are set forth in a copy of the proposed Local Law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 23rd day of September, 1991, by the following vote: AYES Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES None ABSENT: Mrs. Potenza LOCAL LAW NO. 16, 1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 70, TO BE ENTITLED "DOCK USAGE" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 70-1 Statutory Authority: Enactment of this Chapter is pursuant to Section lO(l.)(i) of the Municipal Home Rule Law. SECTION 70-2 Purpose: In order to protect the public safety of the residents of the Town of Queensbury, and to foster the general interest of its residents in a prudent use of the lands and facilities of the Town, the use and privilege of using the Town owned dock located at Assembly Point, on Lake George, in the Town of Queensbury, requires regulation and control by the Town Board of the Town of Queensbury. Such regulation and control may be implemented or amended or supplemented from time to time by resolution of the Town Board of the Town of Queensbury not inconsistent with the provisions of this Chapter. SECTION 70-3 Definitions: All terms used herein for which definitions are established or provided for in Chapter 179 of the Code of the Town of Queensbury shall be so defined. SECTION 70-4 Usage: No person shall be entitled to use, cause to be used or permit to be used the dock facility owned by the Town of Queensbury, located at Assembly Point, on Lake George, in the Town of Queensbury, unless they have obtained authorization from the Town Board of the Town of Queensbury. SECTION 70-5 Exemptions: The following individuals shall be exempt from Section 70-4, and shall have access to the dock without having to obtain authorization from the Town Board of the Town of Queensbury: (a) Employees of the Town of Queensbury Water Department; (b) All valid easement holders or persons taking or obtaining rights under, through, or from said easement holders; (c) Any agent or employee of the Town of Queensbury or other person authorized by the Town Board to use said dock for Town purposes. SECTION 70-6 Penalties for Offenses: A person who uses or permits or suffers the use of the dock, who is not among the class of individuals listed in Section 70-5, as provided by this Chapter, who has not received authorization from the Town Board of the Town of Queensbury, or is otherwise in violation of this Chapter, or any rule or regulation issued hereunder, or who violates the provisions of Section 70-6 hereof, shall be guilty of an offense and shall be punished by a fine not to exceed $250.00 for each separate such offense. Each day in which such a violation occurs shall be deemed to be a separate offense. In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper action, suit, or proceedings to prevent, restrain, correct, or abate any violations of this Local Law. RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO. 499, 1991 Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, the Town Board of the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 23rd day of September, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza PUBLIC HEARING SEWER VARIANCE DANA LINKE/L YNCH OPENED Discussion held on sewer variance application. Councilman Monahan noted her concern that there was no map showing adjoining septic and well systems. It was noted that Mr. Hatin did not require this in this particular case because they were more than 150 feet away. The second concern was that the statements indicating wavier of claims were signed by the agent. It was noted that Mr. Hatin has a letter from the owner of the property authorizing the agent to make his application. Councilman Monahan noted that she would like the release of liability sent to the owner to have it signed. It was noted that there were inconsistencies on the specific wavier of claim as to the applicant's name. It was the decision of the Board to set the public hearing, but clear up these matters before the public hearing. RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR DAN LYNCH RESOLUTION NO. 36, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury to issue variances to such Ordinance, and WHEREAS, Mr. Dan Lynch has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Sewage Disposal Ordinance set forth in Section 3.050-5, such standard providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM W ASTEW A TER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Seepage Pit 150' " " " " and WHEREAS, Mr. Lynch has indicated a desire to place the seepage pit 75' from his well rather than placing it at the mandated 150' distance, and WHEREAS, the New York State Department of Health requires that there be three times (3x) the diameter between pits, and in this case, Mr. Lynch has indicated a desire for the distance to be 13' rather than the New York State Department of Health requirement of 18', NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on October 7, 1991, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. Dan Lynch to place the seepage pit 75' from his well rather than placing it at the mandated 150' distance, and for the diameter between the pits to be a distance of 13' rather than the New York State Department of Health requirement of 18', on property situated on Tee Hill Road, Queensbury, New York, and bearing Tax Map No.: Section 48, Block 3, Lot 19, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 23rd day of September, 1991, by the following vote: AYES Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES None ABSENT: Mrs. Potenza RESOLUTION TO ADJOURN BOARD OF HEALTH RESOLUTION NO. 37, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into Regular Session. Duly adopted this 23rd day of September, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mrs. Potenza OPEN FORUM MR. BRIAN HARRISON, 329 RIDGE STREET, QUEENSBURY-Again, requested the Board to further study the adjustments to sewers bills. MR. DICK PALMER, 362 RIDGE ROAD, QUEENSBURY-Questioned the Board on discussion of landfill. SUPERVISOR BORGOS-Noted that a meeting was held prior to tonight's meeting at 5:30 p.m. discussing the landfill. MR. PALMER-Questioned the Board on the procedure for handling matters concerning restoration problems pertaining to his property and maintenance of roads in the Town. SUPERVISOR BORGOS-Noted that he would make note of this and that this matter would be taken care of. OPEN FORUM CLOSED 8:34 P.M. DISCUSSION HELD COUNCILMAN MONTESI-Noted that some of the consitutents in his ward have ask him to bring to the Boards attention the problems with the lights on Quaker Road and Glenwood Avenue, Quaker Road and Lafayette Street. SUPERVISOR BORGOS-Noted that this has been discussed with Fred Austin, will send another formal letter to the county on this matter. DISCUSSION HELD Supervisor Borgos-We have been working for many months to finalize the Hiland Park Sewer Completion and the payments for that completion...we have been concerned about the capacity at the Meadowbrook Road pumping station...Hiland has agreed to reduce his capacity request by 100,000 thus reserving 180,000 gal. of capacity...agreed to amend the contract..ifthe contract is agreed upon Mr. Bowen will make a payment tonight and by the end of 1991 he will have paid $50,000 this year and agreed to pay interest at the rate of 9% on the outstanding monies...total bill $256,340.50 ...provisions in contract for early payment, buy back capacity... RESOLUTION AUTHORIZING THE TOWN SUPERVISOR TO SIGN AGREEMENT WITH HILAND PARK CORPORATION A NEW YORK STATE LIMITED PARTNERSHIP RESOLUTION NO. 500, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, there has been proposed an agreement between the Town Board of the Town of Queensbury and Hiland Park a New York State Limited Partnership, and a copy of the same has been presented at this meeting, and WHEREAS, the Town Board of the Town of Queensbury after giving due consideration to the terms and provisions of the agreement and the previous agreements that have been entered into between Hiland Park and the Town of Queensbury NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby approves of the aforesaid agreement and authorizes the Town Supervisor to execute the same and take such other action as maybe appropriate or necessary pursuant to the terms and provisions of this agreement. Duly adopted this 23rd day of September, 1991 by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES; None ABSENT: Mrs. Potenza RESOLUTION AUTHORIZING INCREASE REGARDING WORK ON LANDFILL CLOSURE BY VANDUSEN AND STEVES RESOLUTION NO. 501, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. Resolution authorizing an increase in the amount to be paid to VanDusen and Steves Licensed Land Surveyors of Chester Street in Glens Falls in the amount of Ten Thousand Dollars ($ 10,000.00) to be billed as work is completed on an hourly rate according to the schedule previously submitted to us, this is for the landfill closure and to be paid for from the landfill closure account. Duly adopted this 23rd day of September, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mrs. Potenza RESOLUTION AUTHORIZING PURCHASE OF REPORT/LANDFILL CLOSURE RESOLUTION NO. 502, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. Resolution authorizing the Town Supervisor to commit to a One Hundred Dollar expenditure to be paid to the Town of Washington specifically to the Landfill Questionnaire fund Town of Washington in Millbrook, New York so we are given access to a report of the study being prepared by the Town of Washington related to landfill closure, this to be paid for best out of our landfill operating fund. Duly adopted this 23rd. day of September, 1991 by the following vote: AYES: Mr. Kurosaka, Mr. Montesi Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mrs. Potenza DISCUSSION HELD TOWN CLERK-Read letter from State Department of Transportation regarding speed limit on Queensbury Avenue. It was noted that DOT will amend the notice of order to include Queensbury Avenue between Boulevard Avenue and Dix Avenue at the 30 m.p.h. speed limit. SUPERVISOR BORGOS-Discussion was held regarding vaccination for the HIE virus for all emergency service volunteers on the recommendation of Town Health Officer, Dr. Robert Evans. It was noted that the vaccine would cost between $95.00 to $110.00 per person. Discussion held regarding requests for sanitary sewer connection appeals noting several requests have been received asking to be exempted from sewage connections. Read letters from Dorothy Chartier, Robert Blake, Bruce Main requesting to be exempted from sewer connection. RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 503, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury hereby approves the minutes of August 19th, 1991, September 6th and September 13th, 1991. Duly adopted this 23rd day of September, 1991, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mrs. Potenza Abstain:Mr. Kurosaka RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 504, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and all applications for rezoning must first go to the Planning Department and Planning Board for recommendations regarding the same, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Zoning Applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: Thomas 1. Farone & Son, Inc. - Tax Map No. 121-11-999, Queensbury Forest (Phase III), South Side of Peggy Ann Road, Queensbury, New York. Duly adopted this 23rd day of September, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mrs. Potenza RESOLUTION OF TOWN BOARD TO BE DESIGNATED AS LEAD AGENCY REGARDING ADOPTION OF PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION FOR CHANGE OF ZONE THOMAS 1. FARONE & SON, INC. RESOLUTION NO. 505, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury is presently considering the amendment, supplementation, change or modification of the Zoning Ordinance of the Town of Queensbury which was adopted on October 1, 1988, and more specifically a change of zone of property owned by Thomas 1. Farone & Son, Inc., his parcel of property being tax map no.: 121-11-999, proposed to be changed from SFR-IA to SR-20, thus modifying the existing Zoning Ordinance and Map, and WHEREAS, it would appear necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental review of the proposed action which consists of adopting the proposed amendment, and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is an unlisted action, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it would desire to be the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act, and hereby directs the Town Attorney's Office for the Town of Queensbury to notify the Planning Board of the Town of Queensbury, the Warren County Planning Board, the Adirondack Park Agency, and any other involved agencies, of this desire, and that a lead agency must be designated within 30 days and to further send a copy of Part I of the Short Environmental Assessment Form, this resolution, and the proposed amendments and notifications to these agencies. Duly adopted this 23rd day of September, 1991, by the following vote: AYES : Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: Mrs. Potenza RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 506, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and all applications for rezoning must first go to the Planning Department and Planning Board for recommendations regarding the same, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Zoning Applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: Garth Allen d/b/a Bay Meadows Corp. - Tax Map No. 60-1-5 and 60-1-10, Bay Meadows Golf Course, Queensbury, New York. Duly adopted this 23rd day of September, 1991, by the following vote: AYES : Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: Mrs. Potenza RESOLUTION OF TOWN BOARD TO BE DESIGNATED AS LEAD AGENCY REGARDING ADOPTION OF PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION FOR CHANGE OF ZONE GARTH ALLEN D/B/A BAY MEADOWS CORP. RESOLUTION NO. 507, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury is presently considering the amendment, supplementation, change or modification of the Zoning Ordinance of the Town of Queensbury which was adopted on October 1, 1988, and more specifically a change of zone of property owned by Garth Allen d/b/a Bay Meadows Corp., his parcel of property being tax map no.(s): 60-1-5 and 60-1-10, proposed to be changed from SFR -lA to SR -lA, thus modifying the existing Zoning Ordinance and Map, and WHEREAS, it would appear necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental review of the proposed action which consists of adopting the proposed amendment, and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is an unlisted action, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it would desire to be the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act, and hereby directs the Town Attorney's Office for the Town of Queensbury to notify the Planning Board of the Town of Queensbury, the Warren County Planning Board, the Adirondack Park Agency, and any other involved agencies, of this desire, and that a lead agency must be designated within 30 days and to further send a copy of Part I of the Short Environmental Assessment Form, this resolution, and the proposed amendments and notifications to these agencies. Duly adopted this 23rd day of September, 1991, by the following vote: AYES : Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: Mrs. Potenza RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR DONALD W. MABB RESOLUTION NO. 508, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury is authorized under paragraph 2, section 4 of Ordinance # 12 for the Regulation of Mobile Homes and Mobile Courts in the Town of Queensbury, to issue permits for mobile homes to be located outside of mobile home courts, and WHEREAS, Mr. Donald W. Mabb has previously filed an application for a "Mobile Home Outside a Mobile Home Court" Permit, in accordance with paragraph 2, section 4 of Ordinance # 12 for the Regulation of Mobile Homes and Mobile Home Courts in the Town of Queensbury, to locate a mobile home at property situated at Eisenhower Avenue, Queensbury, New York, and WHEREAS, paragraph 2(c), Section 4 of said Ordinance #12, requires the Town Board of the Town of Queensbury to hold a public hearing regarding said permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on October 7th, 1991 at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by Mr. Donald W. Mabb for a "Mobile Home Outside a Mobile Home Court" Permit on property situated at Eisenhower Avenue, Queensbury, New York, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized to publish and provide notice of said public hearing in the Official Newspaper of the Town of Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a copy thereof to the Chairman of the Town Planning Board, at least 10 days prior to said hearing, pursuant to the requirements of Ordinance #12 of the Town of Queensbury. Duly adopted this 23rd day of September, 1991, by the following vote: AYES Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES None ABSENT: Mrs. Potenza RESOLUTION AUTHORIZING WARREN COUNTY TO ADD COST OF DEMOLITION TO TAX BILL RESOLUTION NO. 509, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, pursuant to Local Law No.3, 1983 and Town Law, Section 130(16), the Town Board of the Town of Queensbury previously adopted Resolution No. 65,1991, on January 21,1991, authorizing the demolition or removal of the structure located on the property bearing Tax Map No. 127-4-9, which property is owned by the Estate of Anna McDonald, and is located at 149 Indiana Avenue, and WHEREAS, said Local Law authorizes the cost of said demolition and removal to be assessed against the real property on which such building is located, and provides that the same shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of special ad valorem assessments, and WHEREAS, pursuant to said Resolution, the Town Supervisor was authorized to execute a demolition contract, for an amount not to exceed $3,000.00, for the removal of said structure, and WHEREAS, the demolition contract was executed with Richard Lee Excavating on March 18, 1991, and demolition was completed for a cost of $2,000.00, NOW, THEREFORE, BE IT RESOLVED, that, pursuant to Resolution No. 65,1991, the Town Board of the Town of Queensbury hereby authorizes Warren County Real Property Tax Services to add the cost of demolition (which cost is $2,000.00) to the January 1992 Town & County Tax Bill for property designated as Tax Map No. 127-4-9 on the Town of Queensbury Tax Map, as a special ad valorem levy, and BE IT FURTHER RESOLVED, that, pursuant to Local Law No.3, 1983 and Town Law, Section 130(16), said charge shall be added to said tax bill. Duly adopted this 23rd day of September, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Monahan, Mr. Montesi, Mr. Borgos NOES : None ABSENT: Mrs. Potenza RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 510, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, certain departments have requested transfers of funds for the 1991 Budget, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as listed below, for the 1991 budget, CEMETERY FROM TO AMOUNT 028810 1430 028810 4110 $ 1,000.00 (Laboror B (Vehicle Repair Part-Time) & Maintenance) ACCOUNTING FROM TO AMOUNT 05 3410 4400 053410 4200 $ 940.00 (Misc. Contract.) (Insurance) Duly adopted this 23rd day of September, 1991, by the following vote: AYES : Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: Mrs. Potenza RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO. 511, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury may authorize the temporary advancing of moneys held in any fund to any other fund, and WHEREAS, it is necessary to make a temporary interfund loan to the General Fund (#01) from the Queensbury Water District Fund (#40) for payment of certain sums due Crandall Library pursuant to contract, which loan has been since repaid with interest, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and ratifies the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: TO: $ AMOUNT Queensbury Water General Fund $55,000.00 District (Fund#40) (Fund #01) and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records of the transaction. Duly adopted this 23rd day of September, 1991, by the following vote: AYES : Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: Mrs. Potenza RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 512, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, the Town Board of the Town of Queensbury hereby approves the Audit of Bills appearing on abstract September 23rd, 1991 and numbering 91459700 through 92-8160-4400 and totaling $768,822.47 is hereby approved. Duly adopted this 23rd day of September, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mrs. Potenza RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 513, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, certain departments have requested transfers of funds for the 1991 Budget, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as listed below, for the 1991 budget, BUILDING & GROUNDS FROM TO AMOUNT 01 16244670 01 16224670 $ 300.00 (Telephone Repair) (Telephone Repair) 01 1623 4660 01 16234650 $ 1,155.44 (Elect. Repair) (Air Condo Furn.) 01 16274660 01 16244400 $ 200.00 (Elect. Repair) (Misc. Cont.) 0151322001 0151324405 $ 1,000.00 (Gen. Equip.) (Misc. Cont.) HIGHWAY FROM TO AMOUNT 045110 1940 0451104442 $12,000.00 (Parts Shop Asst.) (Repairs) QUEENSBURY CENTER FROM TO AMOUNT 01 16274090 01 16274060 $ 290.00 (Conf. Expense) (Service Contracts) WATER FROM TO AMOUNT 40 8340 2899 40 8320 2899 $94,536.00 (Capital Constr.) (Capital Constr.) Duly adopted this 23rd day of September, 1991, by the following vote: AYES : Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: Mrs. Potenza RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO. 514, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 23rd day of September, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mrs. Potenza RESOLUTION REGARDING THE TOOMEY PROPERTY RESOLUTION NO. 38, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, on the 19th Day of August, 1991 the Town Board acting as the Local Board of Health adopted a resolution declaring a public nuisance and health hazard on Toomey property located adjacent to Lake Sunnyside and WHEREAS, the Town Board has reviewed the situation again and wishes to modify its previous order NOW, THEREFORE BE IT RESOLVED, the Town Board acting as the Local Board of Health hereby declares that in its opinion it is no longer necessary in view of the changed circumstances that have occurred on the property to perform the following: 1. Posting the minimum of five no trespassing signs, the Board would leave it to Mr. Toomey's discretion as to the appropriate number of signs to be posted and 2. that the previous resolution be revised such that the provision requiring fencing of the entire property is hereby amended to indicate that the fencing that has already been installed will be sufficient to comply with the terms and provisions of the order. Duly adopted this 23rd. day of September, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mr. Borgos NOES: None ABSTAIN:Mrs. Monahan ABSENT: Mrs. Potenza RESOLUTION TO ADJOURN BOARD OF HEALTH RESOLUTION NO. 39, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into regular session. Duly adopted this 23rd day of September, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mrs. Potenza Discussion held on Long John Silver's hooking up to the sewer district and the method in which they should be charged. It was noted that they would be charged .15 cents a gallon, they have to match the line size and put in laterals. Discussion held on Hiland pumping station. The fence that is on the property that surrounds the pumping station is not all on the land that was conveyed to the Town of Queensbury, a small portion of it is on Hiland Park lands. It was proposed to get the deed from the property owner to have the property conveyed to the Town. Discussion held on landfill user agreement. Town Attorney went through document noting revisions will present same to Town Board when ready. RESOLUTION TO ACCEPT BID ON GAS VENTING MATERIAL RESOLUTION NO. 515, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury advertised for bids for gas venting material for the Town of Queensbury, City of Glens Falls Landfill and WHEREAS, bids were submitted by three different contractors as of August 26th the bid opening date, and WHEREAS, Scott McLaughlin Truck and Equipment Sales Inc. placed the low bid of $1.49 a cubic yard and $2.49 per cubic yard for item number II, delivered, and WHEREAS, the Town of Queensbury has studied this matter carefully and has made certain inquiries of their consultants and received certain recommendations back concerning the nature of the bidding documents as well as the bids made, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby awards the gas venting material bid to Scott McLaughlin Truck and Equipment Sales, Inc. with the understanding that the bid is awarded under the terms and provisions that the Town of Queensbury shall have the option of either taking delivery or picking up the gas venting material at the amounts or rates indicated in the bidding documents submitted by Scott McLaughlin which amounts would be $1.49 per cubic yard for pickup and $2.49 per cubic yard for delivery and be it further RESOLVED, the Town Supervisor for the Town of Queensbury is hereby authorized and directed to take such other and further action as may be necessary to complete the purchase of the aforesaid gas venting material and be it further RESOLVED, that the payment of the gas venting material shall be from the landfill closure capital project fund. Duly adopted this 23rd. day of September, 1991 by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza RESOLUTION EXECUTIVE SESSION RESOLUTION NO. 516, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from regular session and moves into Executive Session to discuss potential litigation. Duly adopted this 23rd day of September, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mrs. Potenza RESOLUTION ADJOURN EXECUTIVE SESSION RESOLUTION NO. 517, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, The Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 23rd day of September, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mrs. Potenza RESOLUTION REGARDING THE ELLSWORTH ESTATE RESOLUTION NO. 518, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Attorney to submit an answer in the proceedings known as the Matter of the Estate of Allison Ellsworth. Duly adopted this 23rd day of September, 1991 by the following vote: AYES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza No further action, on motion the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY