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1991-05-06 REGULAR TOWN BOARD MEETING MAY 6,1991 7:00 P.M. MTG#19 RES# 249-277 BOARD MEMBERS PRESENT SUPERVISOR STEPHEN BORGOS COUNCILMAN GEORGE KUROSAKA COUNCILMAN MARILYN POTENZA COUNCILMAN RONALD MONTESI COUNCILMAN BETTY MONAHAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS RICK MISSIT A, TOM FLAHERTY, JIM COUGHLAN, CAROL PULVER, HARRY HANSEN, PRESS CHANNEL 8, WWSC, G. F. POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GEORGE KUROSAKA COUNCILMAN KUROSAKA-During the past year I've given much thought and consideration whether to seek re-election as fourth term Councilman of the Fourth Ward. I made my decision based on many factors. My medical and physical condition and had seeked and handily won a re-election in my third term after major surgery a heart transplant. I started one month checkups went to four months this year and I'll go to six months next year with a clean bill of health. Second, my age I'm sixty two going on twenty seven, President Regan served from 1970 to 1978, so I don't think that's a problems either, my business hasn't suffered from political activities but, the most important factor is my family. My mother will be eighty nine this year, my mother-in-law is eighty nine, a uncle of ninety eight, wife of thirty three years, two daughters and a grandson. I have many things that I have left to do and wish to do that I've left undone that I can't do as a elected official who is up for re-election every other year. During three terms I'm the only one who has had opposition in two primary's and all three general elections and I've one all three of them with a very impressive pluralities. I therefore, decided not to seek re-election, but will complete my current term of office. I make this decision as a person who has been granted a second chance of life by our maker realizing how short and temporary our stay on earth may be. I wish to spend the remainder of my life be it one day, one year or twenty years with my family doing those things that I have left undone as an individual and as a family. To all my neighbors, friends, constituents, I appreciate your encouragement and support during my medical crisis and political career it has been my privilege to serve you during these past years of growth, and regrowth and development in our Town. I will be available on a volunteer and or part time basis to be of service to our community. I thank you. SUPERVISOR BORGOS-George, thank you very much for that presentation, I'm sure all of us on the Board look forward to serving the rest of this year with you and wish you well for the many years you have ahead. Some of us are a bit envious in that we'd like to go fishing and your going to have the opportunity to do that. Congratulations on a tough decision. PUBLIC HEARINGS PROPOSED LOCAL LAW NOISE ORDINANCE SUPERVISOR BORGOS-I'll ask the Clerk if this has been advertised? TOWN CLERK-Yes, it has. SUPERVISOR BORGOS-Before we take public comment, let me paraphrase this by saying the reason there is a proposed Noise Ordinance is because dozens of people have come to us in recent years with one specific complaint or another and have asked us to put something together. We have been a bit busy with a few other things like landfills, sewer districts, water plants and those other things that you hear about and really didn't get it to this point until just recently. We have tried to include in this piece of proposed legislation something that would cover all the concerns that have come to our attention we believe in the past few years. We've probably haven't done it exactly the way you'd like to see it that's why we have got the public hearing we're anxious to hear your comments. We know definitely that some of the provisions here probably would be very difficult if not impossible to enforce. There is no question in my mind regardless what the legislation says about decibel level of noise from trail bikes at so many feet even if we happen to catch the offender with our little meter by the time we call the police and the police arrive and possibly even see the person their not going to be able to chase that person back through the trails of the woods they are going to get away it's going to happen 99 per cent of the time. We did receive a petition today which will become part of the meeting, tonight I think which talked about specifying a distance from private homes so many feet from a private home if a person is there you don't have to ready the decibel level maybe that's the way to look at it. On the other hand we've been besieged by people who own these bikes and say, we got to get from our house to the trails where we can ride them so it's a battle. We also, a couple of years ago, were swamped with people who wanted to prohibit power saws any other noise making normal home device during what they considered to be unreasonable hours so nothing before 7:30 a.m. in the morning and some people didn't want anything after 6:00 p.m. in the evening. Some of that language is in here and based on what you say some of that mayor may not be applicable. One of the concerns of a couple of years ago one of the possible solutions, I guess is a better way to say it, was that if your in a neighborhood and within so many feet of an occupied dwelling then you may not use that power equipment between certain hours. But, if your a mile and a half from the nearest home who cares what time your going to use it you could start at 6:00 on the morning or 5:00 a.m. in the morning because nobody is going to hear it. Those things came about again, a lot of that is in the proposed legislation we like to hear your comments for or against or ask us questions about and we will try to respond. I would anticipate at least my opinion is that we probably will not adopt any legislation this evening unless I hear otherwise from you. Who would like to be first? If your interested in speaking about this, please come to the microphone state your name and address and say anything you'd like. PHIL SANTASIERO-18 Queen Anne Court, Queensbury. Steve, your right, I don't think what your proposing is going to do the job and I feel that we are going to have one more law on the books that cannot be enforced. It amounts to sending out a boy to do a mans job and the noise ordinance will be dealing with the symptoms rather than the cause. I represent forty five taxpayers and voters of my district. We the undersigned wish to address the Town Board in favor of the Noise Ordinance but in so doing wish to point out that we feel that a noise ordinance by itself cannot and will not accomplish the end result necessary to guarantee the peace and tranquility we sought after when we located to this area. The noise ordinance, as proposed, although well intended, will be difficult if not impossible to measure and enforce by the town or by the citizens that it is designed to protect. Current zoning codes are difficult to enforce due to broad description and/or omissions of causal factors peculiar to a specific area. For example: We live in a SR- lA, area. Section 4.020-G the purpose and I quote. "To enhance and protect the character of Queensbury's Suburban neighborhoods; and to provide for future residential development opportunities." It says nothing about extreme noise and clatter, Dirt Bikes, ATV's, and the like. This law does not prohibit or permit the use of a 12 acre tract ofland 100 feet from our property lines to be used by ATV's and Dirt Bikes, all hours of the day and night, sanctioned by the son of the owner of the property and who is reluctant to discuss the matter with us. The continued non-conforming use of this property certainly does not protect the character of Queensbury's suburban neighborhoods and will not encourage development. The violators are driving without mufflers, helmets, many underage numbering as many as four to five vehicles at a time. The noise and disturbance 100 feet from our homes is upsetting, distressful and outside activities cannot be planned or enjoyed. The noise is also aggravating to those who must sleep during the day for reasons of health or night employment. The value of property in the area will certainly be negatively affected thus cheating present property owners of a fair return on the investment on their homes. We feel that the cause of the noise and devaluation of our property must be relocated at a distance to eliminate this present condition. Our response to our numerous complaints to the Town has been encouraging through the efforts of Mr. David Hatin, Director of Buildings and Codes Enforcement. Mr. Hatin's cooperation has been excellent but he is one man in one very large area. There are so many areas similarly affected that we need a law with specifications that can be easily recognized by potential violators and by the people affected. We feel there is a solution and that is to address the causal factors in Local Law 5, 1985. Section 1, of this law Legislative Intent and I quote "The purpose of this Local Law is to protect the public health, welfare and safety by establishing reasonable regulations concerning the use and control of all terrain vehicles, protecting private property rights, reducing the effect on the environment of excess noise and afford opportunity for compatible enjoyment of various recreational activities on municipal and private lands within the Town of Queensbury." Please note that this legislative intent is not protecting our property rights, or reducing excess noise on us or the environment and is certainly not providing me and my neighbors with compatible enjoyment. We propose that if the proposed Noise Ordinance is to reduce noise, Section 3, letter F of this Local Law 5 should be amended as follows: That no person shall operate any ATV within 1000 feet of a dwelling between 6:00 p.m. and noon instead of 100 feet between 9:00 p.m. and 6:00 a.m. We believe this is reasonable and without hardship to the bikers. We the undersigned propose that a Noise Ordinance should include the recommended changes to Local Law #5. SUPERVISOR BORGOS-I received a copy of that earlier today. Would you hand that to the Town Clerk, please so she can keep that on file. How many signatures are on there? MR. SANT ASIERO-Forty five. SUPERVISOR BORGOS- Thank you. Yes, please state your name and address. CAROL ELMORE-I live on Howard Street, I am connected to his land. In his statement he said we sanction what is going on we have not. I told him to go ahead and do whatever he felt is necessary cause in the past years we have also called the police and we have done our damdest to get people to go up there and help us out and got no help. We talked to our lawyer the land will be posted, we have no qualms about the police coming on our property to take care of whatever we have to take care of. We can post it but it's not going to do any good because we've done it in the past. I just want to say, that there is some mentality in our household. SUPERVISOR BORGOS- Thank you very much, next. Your welcome to take as long as you like, but this is nice come up and state your peace and sit down that's good. HOWARD KRANTZ-I live on Helen Drive, and I am all in favor of a noise ordinance for the Town of Queensbury. Occasionally we have dirt bikes in the woods behind and it is rather annoying, however, there is a good portion of the noise ordinance which I believe is unconstitutional. People vs. New York Trap Rock Corporation, 1982 Court of Appeals Case, basically says you can't have a noise ordinance that is founded on subjected conditions. If you look at your Noise Ordinance, page 4, you have a definition of unreasonable noise and various factors which are to be applied this is exactly the type of ordinance that the Court of Appeals has struck down. The balance of the ordinance that speaks to decibel levels is exactly what in effect the court is looking for that you can go in, that you can show them a certain day at a certain time it read 85 decibel at a certain distance you can get a conviction in my opinion. But all these criteria's you can't do most of them are subjective what's noise to one person may not be noise to another and it is wasting your time in my opinion in passing that portion of the ordinance. The samething on page 5, unreasonable noise, no person shall make or continue, or cause or permit to be made or continued any unreasonable noise. What's umeasonable noise, very difficult to enforce it the way it is. Many sections look like they are very similar to the Village of Lake George Noise Ordinance, which I drafted. COUNCILMAN KUROSAKA-You ought to be familiar with that Howard. MR. KRANTZ-It's working in the village, but the key is take out the parts that don't work take out all the subjective standards cause they won't hold up at all. The Trap Rock case is still the law of the State of New York hasn't been changed in the last nine years. My other advise is unless your going to commit someone, do you have equipment now, do you have the decibel no, yes? SUPERVISOR BORGOS- Yes. MR. KRANTZ-You do. COUNCILMAN MONAHAN-One that will stand up in a court oflaw and do we have anybody trained to use it and they properly have to be trained. SUPERVISOR BORGOS-We have one that Mr. Hatin acquired a year ago, to my knowledge it is one that will stand up in a court oflaw, but I haven't checked the legal cases to see if that particular model is acceptable. COUNCILMAN MONAHAN-They are proper ways of using it and improper ways just like using radar. SUPERVISOR BORGOS-But at the moment we don't have a law yet so we haven't sent anybody to school. MR. KRANTZ-My suggestion is don't pass it unless your going to be serious about trying to enforce it. If you pass the law and you are not ready to enforce it, it does loose it's respect for people in general. You need the proper equipment, proper training and particularly even when you pass a constitutional law the ability to catch offenders. I think as a guess what bothers most people in the Town of Queensbury is the type of offense that is very difficult to catch the kids on the bikes, etc. As the other gentlemen said in certain areas where the noise drops off after a distance it's no problem, but when the kids are whipping through the woods I don't know how your going to catch them. Another thing I would suggest you would consider in your Noise Ordinance which we did in Lake George, is make a distinction on the noise levels that are acceptable for different times of the day. For example, at night we made the threshold of noise lower the decibels levels lower that would violate the Ordinance and somewhat higher during the day when there is usually more ambient noise available. I have the case for the town if you wish. SUPERVISOR BORGOS-Definitely, we would appreciate that. COUNCILMAN MONTESI-When you drafted your law in Lake George who did you make the body that would police the law was it the Zoning Department, Building and Codes, Sheriff or Police Agency? MR. KRANTZ-Well, it's Jerry Devoe the Code Enforcement Officer for the village. COUNCILMAN MONTESI-So you assume on any calls that the Sheriffs Department would responded or call Jerry Devoe? MR. KRANTZ-That's right. SUPERVISOR BORGOS-My question goes back to page 4. You said this was subjective rather than objective. I look at (a) and it talks about the time, I don't know how that could be subjective. MR. KRANTZ-Some of them are more definite, but many of them are subjective. SUPERVISOR BORGOS-Which ones would you find subjective because we specifically looked at that? MR. KRANTZ-I would find (b), (c). You can read the case they threw out, it was the noise ordinance for the Town of Poughkeepsie and I can read you the types of. . . SUPERVISOR BORGOS-I'll ask our Town Attorney. ATTORNEY DUSEK-I might be able to save some time here. I'm aware of that case and I, of course, drafted this on behalf of the Board. I might tell you that it's modeled after the Town of Poughkeepsie and it's modeled after the time that the Trap Rock case was decided and this ordinance does take into consideration that case. No matter what you do if you get into this area ofumeasonable noise your going to have potentially some problems it's not a guarantee, but certainly that case was considered and the Noise Ordinance was drafted in light of that case. SUPERVISOR BORGOS-Thank you, it will give you something to think about. MR. KRANTZ-The key that the Court of Appeals found is that when you have an ordinance two problems went in it's void for vagueness. One is, will the average person know from reading this law what is violating and what is not violating. When you talk about decibel levels then theoretically they can find out. When your talking about these which I consider subjective standards it's very difficult. The second problem the Court of Appeals said, is the possibly of selective enforcement when you have these subjective standards. Again, with the objective decibel readings I think that is the way to go but enforcing that is extremely difficult. SUPERVISOR BORGOS-It is. MR. KRANTZ-Thank you. SUPERVISOR BORGOS- Thank you. COUNCILMAN MONAHAN-I understand and I don't have the case in front of me that the AMA took St. Louis to court and St. Louis lost, do you know anything about that case? MR. KRANTZ-Pardon. COUNCILMAN MONAHAN-The American Motorcycle Association took the City of St. Louis to court and the city lost, do you know anything about that case? MR. KRANTZ-No, I do not. I assume that's in the State of Missouri. COUNCILMAN MONAHAN-I thought maybe you had some knowledge of it and I don't know how far it's going to appeal or anything. MR. KRANTZ-The other thing, too is in the factors. The intent is fine I'm all for it but it is how many factors have to comply. Are they weighed which ones are more important than another. If you ask twenty people here to look at those factors I don't think they would come up with the same opinion what would violate and what wouldn't violate. SUPERVISOR BORGOS-We understand that this is one of the most difficult laws to get through and I saw Lake George have some fun for a couple of years. COUNCILMAN KUROSAKA-Is the proper wording and/or or "and" "or"? MR. KRANTZ-Thank you. SUPERVISOR BORGOS-Who's next? MIKE ELMORE-I lived in the Town of Queensbury for forty six years, my Dad came here in 1938. I can understand Queen Victoria Grants problem and like we said we're going to post the property. A article in the book was saying as to landowner and I believe somebody got the idea that I own the land over there, I do not own the land okay, my mother does I have power of attorney for her. As I spoke to my lawyer today this is going to be very touchy to try to comeback when somebody just has the power of attorney and do something there, but I don't even want to get into a legal issue, like I said were going to post the property. I think the biggest offenders are these two cycle motorcycles all right they've got a tuned exhaust they are very loud they annoy me the smaller ATV's are a little bit quieter. If we're going to talk a noise law why don't we get a law passed in the Town of Queensbury to ban this type of muffler on any place in Queensbury, let's get rid of these things I don't think they are necessary. COUNCILMAN MONAHAN-Check our ATV Law, there are muffler requirements in that ATV Law. MR. ELMORE-That is a muffler a tuned exhaust is a muffler factory installed and I believe under any New York State Law it says, as long as it comes from the factory then it's legal. SUPERVISOR BORGOS-We'll check on that. MR. ELMORE-The other thing, I talked to George this morning and if we enact a noise law here in the Town of Queensbury are we going to get into like the City of Glens Falls and a lot of other places that have enacted a noise law your neighbor gets angry at you the next thing you know you have a cop at your door for the least little aggravation. Myself, I burn wood that's my choice I don't choose to pay the cost of fuel. I have a John's Red 90 professional saw and it's loud it's muffled, but it is loud I use it if you hear me you'll hear me in the fall that's usually when I cut my wood. If this becomes aggravating to these folks or to my neighbors is this going to shut me down can I no longer saw my own wood this is going to put a hardship on me. Snow removal, I was a professional contractor in the City of Glens Falls I was shut down on several private sites one was the Grand Union which is now Fays Drug Store down on the corner of May and Ridge. After 10:00 p.m. a neighbor can call up being a private contractor I am not considered a private contractor snow removal emergency you can shut me down. Shoveling your driveway if my scrapping my blacktop driveway or my cement driveway aggravates you, say I got to get up and go to work and a lot of these folks do they have got to be down in Albany or someplace else at 6:00 and they want to leave if they start to shovel or snowplow their driveways or plow their driveways before your granted time are we going to shut them down? If were going to do a noise ordinance, I think we need a good study let's not get into this thing hap hazardously and jump onto conclusions to try like you said, I'm going to solve their problem if the cops can stop them god bless them I haven't been able to in forty six years well let's say at least thirty that I've been around. I think we ought to take a little more time consider where we're going get this thing down legal every law you know, I'm not going to say every law excuse me, a lot of laws that are passed end up in Supreme Court and a lot of taxpayers dollars wasted. I think go at this thing slowly like I said, as far as their problem is concerned it's done. Thank you. COUNCILMAN MONTESI-Mr. Elmore. MR. ELMORE-Yes sir. COUNCILMAN MONTESI-According to what we've printed here on the exemptions from this article, if you were cutting wood before 10:00 in the morning or after 8:00 on a Sunday or a holiday. . . MR. ELMORE-You shut me down. COUNCILMAN MONTESI-Well, based on this. MR. ELMORE- I mean if you want to get into that Page 8, which was another concern of mine. Sounds created by lawnmowers and home power tools in good working order. There is a good question who is going to determine "good working order"? Is it going to be the cop that comes banging on my door if he's had a bad night and already had a half of morning full of complaints he's going to be made and say, my John's Red 90 is to danm loud shut it off. I agree with you, I don't usually on a Sunday like to have a couple of hours for myself I don't even like to work on Sunday, but sometimes it's necessary. This gentlemen right here can tell you I've been trying to finish up a landfill down in back of my house I've got topsoil stored on my mother's property I've been bringing that over with stuff from years ago I've had. I don't like to start to early on Sunday and I don't like to work late at night I come home after work in the evening, but dark I shut it down I don't really want to work that long. I go along with these times you know, 10:00 I think it's a fine time, but you know we do live in a town graduations are coming up right out where Queen Victoria's Grant is was fire lanes owned by Lavame Way and I cannot think of the other people offhand years ago the kids used to come up out of the city it's always funny everybody says Queensbury kids didn't do it the Queensbury's kids went up on the mountain and the City of Glens Falls kids came up in back of my house. In the 1940's, my Dad came here in 1938 and in the 1940's we had a tragic forest fire that came through that area and took a lot of homes. SUPERVISOR BORGOS-Apri128, 1962. MR. ELMORE-Again in the 60's, I came home and I'll tell you the response I got. Back then maybe a lot of people don't like maybe the area that I live in, I could go back I could get into a war here between the City of Glens Falls and the Town of Queensbury that went back for a long ways. Anyway's, I came home to another forest fire we used to call the police Queensbury cops, Sheriff patrol, State Police, you got a bon fire higher than the trees out here you got teenagers out here drinking the cops are danm well scared to go out and face them I don't blame them you can't shoot them, can't club them, you get out of your car as a law enforcement officer and your looking at 100 kids drunk and your going to tell them to go sit down somewhere they'll tip your car over and put that in the bon fire. Those are the things that we lived with for years and like I said I'm happy at one point yeah, these guys said okay that they want to come up in the country well my country is gone. When I grew up I could walk the mountain, walk the Aviation Road, I could walk the Luzerne Road, my country is no longer there all the trails that we had they are gone so I got my grievances too and I've got my hard feelings, but I can understand their's. Like I said, we need some ordinances we do we definitely do need some ordinances we need some time set. But again, I think we want to go very slowly as to what we're doing how we go about this I think it deserve a little more study, little more time, if we're going to do something let's do it right and not try to alienate everybody. What pleases me is not going to please my neighbor and right now I've got a bunch of kids down there when we post that land, like I said I told the sheriff patrol the other day, I said you know if you guys want to really use your common sense I don't own that property my father and mother did my father passed away now my mother owns it. New York State Law and the Conservation Law and I'm pretty sure covers the rest of it says, unless I have specific written permission from the land owner I cannot trespass on anybody's property now doesn't that apply to some kid on a motorcycle these kids have called me up and said will you give us written permission and I said no. People being hurt on your property, if I post it is that going to alleviate me from being sued or my mother from being sued, no it is not. Under ignorance of the law if somebody is hurt on your property that's why you have homeowners so if they are hurt on your property they can sue your insurance company that's not going to alleviate it just by putting up a poster sign. If we fence it they'll cut the wire they've cut the state wire along the northway to get through. All I can say, is god bless the cops I hope they can do their job whatever. That about covers it unless there is something else somebody wants to throw at me I think we're pretty well set. SUPERVISOR BORGOS- Thank you. I think you've said it all. COUNCILMAN MONAHAN-I would like to comment on something Mr, Elmore said because it opens up some other thoughts in my mind. You mentioned power tools and cutting your own wood. There is nothing in this ordinance that I see that relates to a commercial wood cutter in the hours that he may use. I find a heck of a lot of discrimination in this ordinance and that's one of my big beefs with it. COUNCILMAN KUROSAKA-The only thing is the snowblower. You've got a wife that has to go to work at 6:00 in the morning your going to get up at 3 :00 and use the snowblower it's against the law according to this. COUNCILMAN MONAHAN-You've got somebody that is sick and needs to go to the hospital in the middle of the night you better get your snow off that driveway as fast as you can get it off no matter what time it is. MR. ELMORE-I think that would constitute an emergency there even to a police officer. But, I mean the normal removal of snow. COUNCILMAN MONAHAN-We don't have too many emergencies covered in here that I see except building construction when you've got to get a permit from the building inspector. I'm talking about what you have to do personally. COUNCILMAN KUROSAKA-Ifyou work in a house and the noise is outside it doesn't make any difference, but the way it's written you can't work in the house either. SUPERVISOR BORGOS-At the beginning of the meeting, I think I said I don't think were going to pass anything tonight. This is the whole idea of a public hearing you have to have something to work from so we got a document cut it to pieces it maybe a month, six months before we do anything we may do nothing at all with it but at least were working on it that's great. Who would like to be next? Yes that's right you almost had a chance before. HOLLY WHEELER-16 Richardson Street in the Town of Queensbury. I'm representing a group of citizens from the West Glens Falls area of Queensbury. My partner here, Collen Miner is passing out copies of our petitions and it also includes the copy of the letter to the editor that appeared in the Post Star last week. We are here to ask the Board to not exempt sirens on fire stations from the Noise Ordinance we believe these sirens are now obsolete and unnecessary. The original purpose was to call firemen to fires the paging systems in use in most fire districts now serves this purpose. We have circulated petitions in the West Glens Falls areas of the two fire stations and there is a total of 176 people who have signed these petitions which states they are against the sirens. Also, I have included copies of the letter to the editor we sent to the Post Star it states that the siren on West Glens Falls Station NO.1 has been down the letter says five years, I was corrected today it's seven years. COUNCILMAN KUROSAKA-At least that. MRS. WHEELER-Without any determent to service this letter is signed by both the Chief and President of the West Glens Falls Fire Company. In conclusion we're asking you to separate stations sirens from fire truck sirens the sirens on trucks are very necessary and should be exempt from this ordinance, the sirens on stations are obsolete and unneeded. SUPERVISOR BORGOS- Thank you. LEN FOSBROOK-Northwest Road, Queensbury, New York owner of Springer Waste Management. I too am in agreement with the intent of this law and I think it's the right time to propose it and to examine it. Although I do find exception with Section 6, paragraph (c) at it relates to Refuse Compacting. In particular the hours of operation not being able to operate before seven in the morning. There are a lot of reasons why compaction trucks and solid waste removal companies are on the road at that hour not contrary to popular belief not because we enjoy getting up in the middle of the night but, the majority of those reasons are safety reasons. There are a lot of places that we have to go that we just can't get those trucks in and out of once the roads become congested or once business is open in particular once school is open we certainly don't want to be operating around a school area at about the time the kids. . . SUPERVISOR BORGOS-What's a better time then seven if that is to early or late? MR. FOSBROOK-Were allowed to go into residential areas at six certainly six would be a minimum, I don't know how to put a time on this Steve. SUPERVISOR BORGOS-We got to try to get as objective as possible. MR. FOSBROOK- We are a service industry and we operate at the request of the customer. SUPERVISOR BORGOS-Five o'clock in commercial zones and six thirty in residential zones? MR. FOSBROOK-Yeah. SUPERVISOR BORGOS-I'm not saying I agree with this or anything, I just want to get an opinion from you which you think is best. MR. FOSBROOK-Probably five o'clock would give us enough of a head start. Again, most of these are commercial industrial zones that were emptying containers in so in particular they should not be causing any annoyance to major residential areas because of the zoning laws that you have. Being in a residential area six, six thirty is plenty early enough. I found it a little interesting that we could go into a residential area at six, but not into a commercial industrial area until seven. COUNCILMAN KUROSAKA-I think the intent of this ordinance is to protect the residents who maybe next to a commercial zone. MR. FOSBROOK-I can understand that George. COUNCILMAN KUROSAKA-The is noise level in the residential area. The noise level in the commercial industrial area within itself is no problem it is going to be noisy anyways most of those places. COUNCILMAN MONTESI-More often than not in a residential area your compactors really aren't compacting you can almost do a whole street of residential before you got to compact whereas, each and every commercial your tipping a dumpster into it. MR. FOSBROOK-I'm not sure what the DB level is of these trucks that are operating, but the most noise that you hear is generally from the engine of the truck having to be at a few RPM's higher than normal idle in order to operate the hydraulic's on the truck. That maybe an interesting thing to do too is to find out just how loud they are, I don't think they are at the 90 DB level I'm not sure. SUPERVISOR BORGOS-I don't know. I do have the meter in the office it is still in the original box. MR. FOSBROOK-We can road test it. SUPERVISOR BORGOS-We can test it. MR. FOSBROOK-Thank you very much. SUPERVISOR BORGOS- Thank you. Who would like to be next? MICHAEL O'CONNOR-I have property on Glen Lake and a couple of other places in the Town. I had a question as to some of the definitions like Mr. Krantz said. When you talk about recreational vehicles are you also intending to include boats? COUNCILMAN KUROSAKA-That's a good question. SUPERVISOR BORGOS-I'll ask our Attorney who put this together. ATTORNEY DUSEK-When I drafted it that was not my intent to include boats. COUNCILMAN KUROSAKA-I think you ought to put boats in there because they ought to be muffled too. I remember I got picked up by the sheriffs department when I was a kid they took that little thing on the back of the muffler and lifted it up and ran the boat it was only a four horsepower motor but it would drive you crazy. MR. O'CONNOR-I would ask you to look at that and when you do look at it though I would ask you to look at the various DBM's of the various type boats. Some of the old inboards that exhausted through the hull are in excess of the ninety two that you've got set forth here for recreational vehicles. The more modern ones aren't that are exhausted through the hull or through the water instead of through the transamer the, that are through the transamer are the ones that are nosey, but that might be something that you would include. The other question I had as I read the same as George has read is that you can't operate a snowblower during hours of 10:00 p.m. to 7:00 a,m. and that doesn't seem to be very consistent with what actually takes place because in most instances a lot of people are up and have used their snowblower before 7 :00 a.m. when they go out to work. The other thing I have a question of and it's a personal question is as I understand this if you had a nonconforming use within a residential area you would deem to be unreasonable if you had any noise that would go beyond your property line between 10:00 p.m. and 7:00 a.m. I kind of question how the golf courses are going to be up and operating and be ready for business that day with all their mowers and what not. You have a lot of little problems and I think you might be better off if you actually take a look at uses and you actually use DPM's for particular uses as was suggested. I think the reference that Mr. Krantz made was correct in that you preface everything within the section on umeasonable noise by starting off subjectively. You say, any excessive or unusually loud noise which injures or endangers, you really don't spell that out you say below these are factors, but again you don't put a weighted system on them you don't put any definite measurement and what might be nice to one person won't be nice to another person. I think you've got a good start some good comments but you got a little bit of work to do. SUPERVISOR BORGOS- Thank you. Next, please we are still going around for the first time before we hear from someone for the second time. SUNNY GREEN-I live of John Clendon Road in Queensbury and I have a couple of comments. I think there should be some separation between the necessary noise like snowblowers and that type thing verses the recreational because you can make a choice in your recreational activities what your going to do, how much noise your going to make doing them verses something that is necessary it's your job, it's your livelihood, it's snowblowing your driveway which has to be done, I don't think anybody 's going to be out running a snowblower for the per fun of it four in the morning. I was wondering about the feasibility of a separate ATV Law, ATV dirt bike that type of thing. SUPERVISOR BORGOS-I think our law was superseded by New York State a couple of years ago is that correct? ATTORNEY DUSEK-That's correct. Vehicle and Traffic Law of the State of New York has a full section on ATV's at this point regulating mufflers, registrations, everything. COUNCILMAN MONAHAN-And it's very very stringent. MRS. GREEN-What I was wondering is, I know one of the problems when you have a ATV or a dirt bike your not going to get close enough to tell what was the color of his eyes the color of the bike. There should be some kind of requirement that they have a visible number assigned to them. SUPERVISOR BORGOS-I think that's already in the law. COUNCILMAN MONTESI-If they don't have the number were back to ground zero. MRS. GREEN-Right. They should enforce it make them have that number so you can spot them and say it was number 835 that was back there doing this. SUPERVISOR BORGOS-We have an enforcement officer in the room tonight, I don't know if he plans to speak or not but I was with him a couple of weeks ago when he apprehended a person without a number. MRS. GREEN-Where I am, the landowner he has the bikes do it deliberately as a harassment measure. He stated that to me and my neighbors that he's going to continue to do it nobody is going to tell him what he can do on his property and he is going to continue to harass us. A lot of people like to walk the trails out towards Rush Pond and out through there you can't take your kids back there because you can hear them coming you've got to run up into the trees because they'll come right over the top of you. They laugh and say, sure do something about it what are you going to do call my Dad he owns the property, he owns property here, he owns property there, and your not going to catch me anyway and nobody's going to do anything to me. COUNCILMAN MONAHAN-You open an interesting question you say, he owns the property your walking on his property? MRS. GREEN-No. They come off his property and soon as there is a policeman or anyone there they zip right back onto his property and I think the parents should be held responsible for their children's actions it's ridiculous. You say, you can't do anything to them because they are only fifteen, sixteen, whatever but you can do something to the parents you hurt their pocketbook they're going to make the kids stop doing it. SUPERVISOR BORGOS-I believe that subject could be addressed in just a minute too, cause I went through that two weeks ago. COUNCILMAN MONAHAN-I would say a responsible parent would remove the child from the ATV vehicle. MRS. GREEN-If it was my child doing something I would make him stop I wouldn't encourage him to do it and pay for the bike and make him do it. I guess that's all I have to say. SUPERVISOR BORGOS- Thank you. COUNCILMAN MONAHAN-I would like to say something in behalf of the responsible ATV riders out there which are many and there are many adult A TV riders our there. I would hate to think that we are black listing a whole group of people because of the bad actions of some as we should not black list every car driver because of the bad actions of some. I will say also that under state regulations A TV riders have paid in over a million dollars to a New York State Fund to establish trails. Instead of this being used for the purpose in which it was intended Governor Cuomo has seen fit to take that money because he needed it. MRS. GREEN-I agree that's one of the problems they should have someplace to ride, but nobody's done it. MR. SANTASERIO-We're talking about unauthorized trails. COUNCILMAN MONAHAN-My point was money was established in a fund Governor Cuomo tapped that fund, instead of using it to do trails as was the purpose of that legislative act. SUPERVISOR BORGOS-Who is going to be next. GEORGE STEC-RD2 Box 137, Butler Pond Road, Queensbury. Mrs. Monahan, you are correct in your statement it's five dollars of a ten dollar registration fee of A TV money that is suppose to build and maintain trails for ATV's. It's safe to say personally I know of no legal trails in Warren, Washington or Saratoga Counties. COUNCILMAN MONAHAN-Your completely correct. MR. STEC-Now, that's the sad part. I believe this law, ordinance you are contemplating addressing, first of all every A TV in the State of New York has to be registered period bottom line every single one. On your property or off when you take that A TV off of your property you need the permission of the landowner of where your going to ride it. There is no public land that is authorized ATV traffic none. When you take that ATV off of your property it has to be insured it's got to be insured you need the consent of the landowner where your going or you have to be on a designated trail and there aren't any in Warren, Washington, Saratoga Counties. The law does address the age limit under sixteen years old you need adult supervision, under thirteen years of age you not only need adult supervision you need a certificate of a safety course. I believe a big part of this A TV problem is lack of education of the parents. I think Sheriff Lamy hit the nail on the head when he says the parents are the root of the problem. It takes money to buy these things, it takes money to insure them, money to maintain them and get transportation to where you want to ride them which I don't know where there is a place you can ride them. There is actually no place in Warren, Washington or Saratoga Counties off your property where you can ride any ATV, none. I think if they campaign through the news media or through the Town was to bring this Article 48 (B) and (C) of the Vehicle and Traffic Law which addresses the registration and the rules pertained to the operation of ATV's, but most of the parent's aren't aware of this. There is a booklet that is available from the DMV Office in each county this is the laymens language that the parent's can understand and even sometimes that doesn't work. I think when you hand the written word to a person and you verbally explain it to him and two weeks to the day later you find a parent violating the law what more can you do, I had that encounter. COUNCILMAN KUROSAKA-They do it on bicycles George, you see parents ride on the wrong side of the road go right through intersections without stopping they don't realize a bicycle is a motor vehicle you have the same problem with this. MR. STEC-The motorcycle is not an ATV, a motorcycle is a different law under the Vehicle and Traffic Law. ATV's is a specific law the definition of ATV designed for off road use not more than sixty inches wide or more than eight hundred pounds it's all here in the little pamphlet. I think that if the news media or the Town was to address this educational problem with the parents there would be a great reduction in the use of ATV's in the Town of Queensbury. This law applies state wide, now maybe this million dollars that Mrs. Monahan's mentions maybe you go out in Niagara County, Ontario County, you have all kinds of trails maybe that's where they are, but there are none around here. COUNCILMAN MONAHAN-It hasn't been used it's been confiscated it has not been used from what I understand from the writers. I will say, George and you can go back with me I think to when we had the same problem years ago with snowmobiles and we addressed it in the kind of condition that we should. We put some snowmobiles trails in, infact they confiscated some of the trails that the motorcycles riders made themselves on land that people didn't care. Motorcyclist were told that even in good weather they could no longer use those trails again, as I said even though the property owners didn't care this was under the snowmobile supervision. I remember when snowmobiles were considered dangerous, loud, and noisy. We now got them licensed through the county and we've got a trail system I don't hear much problems anymore with snowmobiles maybe we need to start looking at some of these off road vehicles in a little different light in other areas of the country they are, they are allowed to ride in national forest areas in some areas of the country. The decibels in order to ride in national forest land is eighty two it's not ninety two it's lower than what we're proposing. I think that maybe you know there are other ways of also looking at this. These kids are going to have to have some kind of recreation and it's not just kids there are responsible adults as you well know out there riding, riding properly illegally because there is no legal way for them to ride. Perhaps the time is to consider some other types of recreation and as I said these kids are going to have some kind of an outlet and you know were going to have to find it or some of the outlets may not be even more undesirable than what's going on now. MR. STEC-There is no question, I have stopped many ATV operators I have verbally explained the law to them on occasion I personally handed this book and said, do me a favor read it and give it to your friends. You always have the ten per cent they don't hear it, they don't see except what they want to hear and see and their the ones that the law enforcement can take care of. COUNCILMAN MONAHAN-Your not hearing what I'm saying. I am saying that right now and these are completely illegally because there is no legal place. Maybe it's time to do what we did for snowmobiles to take them out of the areas where they were a problem and get some legal area and the legal type of training for them to be ridden. MR. STEC-In addition, besides explaining the law to them giving them written word I have promoted the idea of those people organizing taking their pickup trucks with the trailers which with their ATV's on call the state police get an escort just like the people on the Crane Pond issue did block the Northway and drive on down to Albany with a police escort to protest their case to raise the issue that we are paying, those who register five dollars of the ten dollars for trails, but no where around here is there a place to ride why, I have advocated that they openly do this protest in the form of a motorcade down the northway to Albany and I tell them to organize it I said you people need a place to ride get organized. COUNCILMAN MONAHAN-You know in a good year what the snowmobiles bring into Warren County. MR. STEC-In a good year. The thing with ATV's they are noisy and are destructive to the earth. COUNCILMAN MONAHAN-They do not need to be noisy properly maintained. I have been to motorcycle races where you cannot ride at a certain decibel level you go over that your out of the race. MR. STEC-Ifit's not registered, off your property you need permission of the landowner. There is no public land that are designated as ATV trails. The bottom line is there is no place around here to legally ride them even though you got them registered and got insurance on them there are no public trails unless you get the permission of the landowner. Then you get the liability when you break a leg or puncture an eye are you going to sue that person who was gracious enough to give you written permission. SUPERVISOR BORGOS-For the benefit for those of you who don't know, George Stec is the Forest Ranger who covers most of this part of New York State. He is part of an elite small crew covering Queensbury, where else? MR. STEC-Moreau, Wilton, North Cumberland, past Saratoga Springs, Lake Luzerne. This is another job the state has given to forest rangers Article 4 (a) and (b) of enforcing ATV Law, it's like getting more for your money. COUNCILMAN MONTESI-George, does that mean when a resident sees an ATV in the water shed property between Potter Road that this is illegal. MR. STEC-That's illegal that's public property. In case of the Glens Falls Water Shed property that is public lands owned by the City of Glens Falls. It's posted but posted signs or no posted signs it's public land and there is no permission they have no designated trail system there. In the future long range planning Harry Hansen, where are you, when the City or Queensbury gets together and solves their water problem and the water shed property four thousand acres in your backyard fire breaks there, road systems there, the Town of Queensbury, City of Glens Falls gets together and build these trails sanctions them legally big push, but then you have the noise. COUNCILMAN MONAHAN-There was a program at one time with one of the big companies that were large landowners to work out a deal for recreation I don't know whatever happened to that, but I remember that about the time we worked on that ATV Law before. COUNCILMAN MONTESI-It's the liability that nobody's wants. COUNCILMAN MONAHAN-Well, I also found that there an insurance company that does insure that type of stuff nowadays. JOHN CORDES-Who is actually suppose to enforce the law? MR. STEC- The State Police, Sheriffs Department, Forest Rangers, Conservation Officers. JOHH CORDES-How about sheriffs? MR. STEC-Sure. If an ATV doesn't want to be caught he's not going to be caught. SUPERVISOR BORGOS-Sir, would you identify yourself. JOHN CORDES-36 Park Street. It appears to me almost every ATV that is operating in the Town of Queensbury is in violation of the law and why can't the police just go and stop them and give a ticket to the person. MR. STEC-It's easier said then done. MR. CORDES-I could do it. MR. STEC-Generally the good guy stops. MR. CORDES-He is not a good guy is he is breaking the law. MR. STEC-Well there you go so it's fifty fifty. MR. CORDES-Why do we have the law let's forget the law. MR. STEC- Y ou can't forget the law you have to have social order. MR. CORDES-You can't be a good guy if you break any law. MR. STEC-We don't own the laws of the land. All these ATV's the bottom line is they are illegal there is no place to ride them. The signs, registration, license plate on the back with the sticker that's what they go by half of them don't carry proof of identification you have to go look them up trust them. But, it's not a good feeling when you stop eight bikers in a parking lot and you step out of a state red truck with the lights on uniform and gun and you step out put your hand up and they slow down, hesitate and then they rear up down they go off the parking lot onto the West Mountain Road eight abreast gospel truth, eight abreast headed south on West Mountain Road. SUPERVISOR BORGOS-When our cable goes out we go to George's house for stories. UNKNOWN-Why can't they ride on the snowmobile trails? MR. STEC-They are destructive, ATV's dig up the land. COUNCILMAN KUROSAKA-They ruin the snowmobiles trails. SUPERVISOR BORGOS-Any other questions? Thank you very much, George we appreciate it. Any questions for Mr. Stec? MRS. ELMORE-On snowmobiles they put the police on snowmobiles, why can't they put them on ATV's. MR. STEC-I read in that paper that the Sheriffs Department does have ATV's. MRS. ELMORE-Because they came up in our area with snowmobiles because there were so many accidents, you know a guy got his head cut off everything. MR. STEC-The Conservation Department has ATV's, Sheriffs Department has ATV's, but it's a matter of being in the right place at the right time and do you want a sheriffs deputy on a bike hidden in the bushes. I myself would not want to chase an A TV through a trail, a trail that has not been laid out properly with safety in mind either hap hazard trials any which way to get around a tree, I don't want to chase anybody there. MRS. ELMORE-That's true. MR. STEC-But, patience it won't be long and sooner or later we'll catch them. The court has been very strict, I think and the court has been dealing out just punishment. SUPERVISOR BORGOS-Another question for George. RICK SINGER-I live on Ridge Road, Queensbury. COUNCILMAN KUROSAKA-Lost a little wight haven't Rick. MR. SINGER-How ya doing George? COUNCILMAN KUROSAKA-Very good. MR. SINGER-A fellow just made a comment that I would like to dispute, I'm sorry I didn't catch the name he's sitting in the last row. He said something about a law abiding citizen will never break the law and I just like to say that I'm fifty three years old and I have never met a truthful person that will tell me that they have never failed to come to a full stop at a stop sign. I don't think that anybody in Warren County or any place else probably in New York State has never broken the law so I'd like the Board to keep that in mind in their discussions and contemplations. I wanted to point out as soon as I get over being nervous, I wanted to point out a couple of other things that the Board should consider some of them are just for informational purposes. New York General Obligation Law, Section (9)-103 as published in McKinney Supplement, " owner of premises owes no duty to keep premises safe for motorized vehicle operation or recreational purposes or to give any warning". This relates to the question of liability somebody mis-spoke earlier and said that there is liability attached to having motorized vehicles on the property traveling through property for recreational reasons. New York State like a lot of other states in the country, most states in the country has what's known as an Open Range Law, "an owner who gives permission for recreational use of his land does not extend any insurance that the premises are safe and does not constitute the person to whom permission is granted the status of an invitee which does gives legal liability to the landowner and does not assume responsibility or incur liability of any kind for injury caused by an act of the person using the property". There are a couple exemptions to that and I'd like everybody in the room to know what the exceptions are. If the landowner purposely puts something in the way or on their premises or property to injure the passing recreational rider, fisherman, hunter, etc., then yes you are fully liable because you have done something to purposely harm that person. If you do nothing to purposely harm that landowner and case law will support this fully in the State of New York the landowner has absolutely no responsibility if someone takes a snowmobile, A TV, motorcycle, whatever or a hunter, fisherman, trapper or any other recreational purpose and they come onto your property you have absolutely no responsibility if they are injured unless you do something to purposely injure them. That should answer the question of liability. I would also like you to know at one time I checked with the insurance carrier for the Town of Queensbury and they informed me that the Town is fully covered in the event that the Town were to get sued that they would be covered under the insurance policy so if anyone is riding on Town land and the Town ends up having a problem the Town shouldn't be concerned about that either. Someone else mentioned the question of destruction of property there was a study done in one of the national parks, I think it's in either Mississippi or Missouri, I forget but if the Town Board is interested I can get you the materials I have it in my office. There is a park that is in the neighborhood of forty or fifty thousand acres they have ATV trials there approved ATV's for motorcycles, four wheelers, three wheelers, whatever and they have found and have done studies and they have found that damage to the land someone mentioned the motorcycles chewing up the land doing all this terrible damage they have found that less than one ten thousandth of a per cent ofland is ever touched in any way by the tires of these A TV's. If you give somebody forty thousand acres to ride on chances are if no one else interferes, I should say no one that is not familiar with what they're doing, chances are those riders will find a particular path that they happen to like and normally it covers a very limited area and they will on that path and stay on that path and if they want too either make a formal or informal track and they may use up thirty or forty acres and leave the other ten thousand acres untouched so there is very minimal amount of area that is actually ever touched by an off road vehicle. In reference to the question of decibels, what's the proper amount of decibels to be permitted, I really only have one comment there that I'd like the Board to take note of. There are national standards in the production of these machines the machines are not permitted to be sold in this country unless they meet the national standards and any A TV in my opinion where the owner has not altered the original manufacturer's equipment, I think that machine should be permitted wherever the Board finally decides to allow A TV's in the Town of Queensbury if they do come to any kind of a decision of that kind. I realize that at this point another gentlemen made a comment, I guess that was George I just wanted to let George know that he doesn't have to limit his comments to Warren, Washington, and Saratoga counties. There is no place in all the State of New York where A TV's are legal on any land at this point in time and I'm talking about May 5th, 1991, so don't feel bad about Warren, Washington County. There is no place in the whole state yet that was the purpose of the five dollar registration fee going to the fund and as we all know our Governor took that and a lot of other things so there is absolutely no trails or no legal riding area in the whole State of New York except for a few private commercial track facilities, but there is no place for any individual that just wants to part take of casual recreation to legally ride an A TV in the State of New York. COUNCILMAN MONAHAN-I think we should say, when your speaking of an ATV, I'm sure that your also talking about dirt bikes too. Since we had a definition from George Stec about you know the poundage and so on and so forth. MR. STEC-An ATV is a motorized vehicle designed for off-road use two or more wheels not more than six inches wide or more than eight hundred pounds. COUNCILMAN MONAHAN-I'm not sure some of these would qualify on the pounds that's why I'm saying that. MR. SINGER-That certainly includes dirts bikes and it's dirt bikes I'm mostly interested in although, I think other people in and other kinds of recreational vehicles should have a right to use them as well. Next thing is that someone brought up a question of noise in relation to boats. I'm sorry to have to admit that I guess, I have a boat that probably exceeds the ninety two decibels and maybe even one hundred decibels, but it happens to be an antique. It was built in 1937 it's a Chriscraft Runabout and there are a lot of them up on Lake George back in the 30's and I would hate to think if I take my antique out for a ride that I would be turned into a criminal. I think if the Board is going to make exceptions for fire vehicles, church bells, etc., etc., they certainly should have in exception for antiques. Some of the antique cars, I know running around probably make more noise than ninety two decibels. For those people who don't live on upper Ridge Road, unfortunately or fortunately depends on who you talk too live near the landfill, what I like is if they want to test that meter that's in the box that they bought and never used brand new still unpackage, I'd like them to take that out come up and sit in my driveway when the trucks are running up and down Ridge Road on the way to the landfill and back and tell me if those trucks are not exceeding ninety six or ninety eight or one hundred decibels and what I would like to know is what's the Town going to do about that. In addition and I'm sorry to be long winded, but it's a subject that I happen to be interested in, in addition I brought a couple of other little notes with me. October 28th, 1985 Queensbury Recreation Commission Meeting and this is in reference to the A TV Law that was established a number of years ago in the Town of Queensbury. I happened to attend some of those meeting and I'd like to read from the minutes, not going to bore you with the whole thing just read a couple of excerpts from the minutes of that particular meeting. The question at this time was the Harris Park and I had asked the Commission if they had surveyed the residences as to what type of facilities the residents would like at that park, they had not surveyed the residences they decided what they wanted to put in and they figured that was fine. I also pointed out at that time and remember we're going back to 1985, the Commission seemed to be against the usage in the park of A TV's and yet the Town Board at that time was looking for a place to localize this type of activity because of the problems with this type of equipment. So here we are six years later in a way I'm asking the Town Board what has the Town represented by the Town Board, what has the Town done to help alleviate the problem of A TV's and establish some sort of a riding area for the Town citizens? Betty Little advised all those present that the concerns and opinions expressed tonight would be relayed to the Town Board and that was the purpose of the meeting of that Recreational Committee Meeting. Regarding A TV usage she agreed that it would be nice to have an A TV area in Queensbury where proper usage and supervision could be approved. My son, Dan Singer presented a petition signed by one hundred fifty two Queensbury Junior High School students requesting that the Harris property be made into at least in part an ATV Park so that the children of this Town as well as some of the law abiding adults or possibly what we were told tonight some adults that are not law abiding so that we would have a place to ride. Joe Teti, questioned Dan Singer as to how many petitioners presently owned ATV's and Betty Little, assured the young man that the petitions along with comments about A TV usage would be forwarded on to the Town Board. Dick Cutting of the Queensbury Fire Department spoke on the topic of ATV's and urged the Town to consider an area for A TV usage and the activity be strictly regulated and individuals be trained and get instruction on the proper use of these vehicles. This feeling was echoed by others in the audience in favor an A TV area and again, I want to point out we're talking about 1985. The following month in 1985, and I'll be done shortly, I requested to know the Commission given any further consideration again, I'm reading from the minutes of the meeting from the Queensbury Recreation Commission. I requested to know if the commission had given any further consideration to the Ridge Road Park as an A TV site and I commented that the wooded area near the stream seemed to be an ideal location. I also mentioned that someone on the Recreation Committee that the Town had in excess of sixty acres of land that it owned on the Hudson River and has purchased back in the 1960's or possible in the 1950's and I asked if this might be considered for A TV use. COUNCILMAN KUROSAKA-Rick that is a whole in the ground. SUPERVISOR BORGOS-That's a big ravine along the side of the Hudson. MR. SINGER-And it's probably perfect for ATV usage. If you've never ridden an ATV you might not understand that. That's probably the most perfect spot in the whole Town for an ATV park. One of the reasons is that it backs up on the commercial area and that's important. SUPERVISOR BORGOS-A good share of it backs up against residential. MR. SINGER-On one side, but if you kept it away from that boarder and left the trees and everything else you would have a nice sound buffer. There was a discussion of the Hudson River property by the Commission the Recreational Director. . . COUNCILMAN MONAHAN-Harry Hansen. MR. SINGER-Harry Hansen he was the Director at that time, I guess he still is. He passed out a map of that property and he explained that enclosed in the montWy packet is also showing the Allen Organization plan for development of this sixty eight acre parcel. He explained that the plan had been done in the early seventies and in 1978 he and Mike Brandt, had walked the property and there was discussion regarding Corinth Road access the actual location of the property etc. We have really two questions one is, will the Town provide a place for the recreational ATV'er to ride? Two, we have a piece of property that I believe the Town still owns was bought in the fifty's has been sitting there completely wasted a complete waste of taxpayers money for over twenty years and I think it's about time the Town did something constructive with it. I would like to see an ATV park there, I think it's probably an ideal spot if there is any place in the Town for it, but if the Town has some other use for it I think that's fine. My point is that the Town has been sitting on this it's a valuable asset you spent valuable taxpayers dollars for it and nothing has been done with it. Again, I just like to say that I am in favor of A TV's and I am in favor of a Noise Ordinance as long as it's done properly and I'm also in favor of allowing the residences of the Town a place to enjoy their chosen sport whatever that sport is whether it's softball, tennis, baseball, golf, whatever it is, I think everyone should get a fair share of the recreational dollars in the community. Thank you, I'll take any questions if there are any. SUPERVISOR BORGOS- Thank you, we appreciate that. Anyone else? MARION MARCY-12 Brookwood Drive, Queensbury. The problem that we had two years ago has quieted down we only get it occasionally. But, I guess what I'd like to say is that I would challenge any parent of any child who has a dirt bike to let their child go out in their driveway or around their yard and ride it or rev it up and listen to it for twelve or thirteen hours a day for seven days a week and then see what their feelings are along these lines because literally that is what happened in our neighborhood. Directly behind our house it was a owner from Glens Falls who couldn't of cared less his own child was involved in it along with some other friends and seven days a week for twelve to thirteen hours a day one hundred feet beyond our screened in porch we had to listen to this noise that's the only thing I'd like to express. I think any parent who had to listen to that would feel a little bit differently about a noise law and the dirt bikes being in a residential area. Thank you. SUPERVISOR BORGOS- Thank you. Anyone else for the first time, second time? PHIL SANTASIERO-18 Queen Ann Court, Queensbury. To respond to the lady Mrs. Elmore, I would remind her that I did in a very courteous manner call her to discuss the issue which she did with me. During that conversation I was told. . . SUPERVISOR BORGOS-Excuse me, I just don't want to get this into a debate if you have something on the issue let's stick to that. MR. SANTASIERO-Ifyou check with the sheriffs record you'll find that the sheriffs deputy did approach one or two of those drivers on the property adjacent to my property in the back the gentlemen who owned the A TV and was driving it told the deputy sheriff that he was given permission to ride that bike back there that's the truth it's on the record check it. COUNCILMAN MONAHAN-Mr. Santasiero, just a minute. Did he show the sheriff written permission because that is required. MR. SANTASIERO-No, there was no written permission. COUNCILMAN MONAHAN-He just told him verbally. MR. SANT ASIERO-He just told him that the owner of the property gave him the permission. COUNCILMAN MONAHAN- I would say the Deputy Sheriff should of then ask him to produce the written permission. MR. SANT ASIERO- W ell he didn't and I might also mention that the Deputy Sheriff was not very professional in his manner. SUPERVISOR BORGOS-Ijust want to mention that I was with Ranger Stec we were talking on my property a couple of weeks ago the A TV came down the road and he stopped him and that person also said he had a license and all kinds of things, but on a closer questioning he didn't have any of the above. People tend to say lots of things. MR. SANTIASIERO-As I said, some of the noise has. . .but they are still there last night there was another three of them out there. The first time this happened last spring, I tried again on a very courteous manner to talk to the owners of the bikes riding right in back of my property, I got a lot of sass from one and I got silence from another next morning my front door was covered with eggs. The expression was they now knew what kind of people moved into Queen Victoria's Grant because we didn't like their dirt bikes in the back. This has been going on now for over a year, I have called the Sheriffs Department I forgot how many times it's on the record again, properly four dozen times. I had a different Deputy Sheriff on every call one of the deputy's told me that there are A TV vehicles that they have use of, but he said unfortunately there is no time to use them, okay that's a problem. They also told me that there is no way that they can catch these kids well that's not true. I asked every deputy that came out there if they wanted to catch them come out on at 3:00 p.m. and 4:00 p.m., and I'll take them around and I'll bag four of them at one shot, but they won't do it they won't leave their motorized vehicle and come in an unmarked vehicle they can be gotten. One deputy said to me look Mr. Santasiero we have big fish to fry we're not going to take a vehicle and chase these kids through the woods so I said what your telling me is that you don't want to catch them he said no we have other things to do. Now, I don't want to be a pain in the neck about this thing, I moved out in this area for a little peace and quiet. All I want to know is if this is going to be a Town ordinance, I think your addressing the wrong part of the ordinance the Local Law No.5, is what has to be changed. COUNCILMAN KUROSAKA-It's superseded you can't use it. MR. SANTIASIERO- Then maybe we need a new one. Maybe in the Town of Queensbury we have to enact a law with some kind of a measurable piece in it that everybody can measure such as distance from dwellings everybody can measure one thousand feet even our Deputy Sheriffs can do that. If we have that we can then call in the Deputy Sheriffs and they can take care of the problem very easily, but we have a lot of people who throw up their hands and say, well you know we'd like to help you but can't help you. I spoke to Mr. Kurosaka he told me the same thing you can't catch these kids. COUNCILMAN MONAHAN-Paul, do you have a copy of the New York State Law regarding ATV's? ATTORNEY DUSEK-No. MR. SANTIASIERO-But, you can catch them if you want and I'll show you how. SUPERVISOR BORGOS- Thank you very much. COUNCILMAN MONAHAN-That is really something that should be check just what's already on the law books from the New York State Law regarding ATV's because it is pretty stringent. SUPERVISOR BORGOS-Anyone else first or second time? COLLEEN MlNER-14 Richardson Street, West Glens Falls. I also live within five houses of the fire siren and I have lived with it and lived without it. Most of you know Victor, my husband he's the Chief, and I want to say that I don't want it back at all. I'm sorry it's absolutely annoying I don't want it day, I don't want it night and certainly if! thought for a minute it would save Victor's life or any of those firemen I would go back to it no doubt. But, I just want to say that it just isn't needed and I just felt that I needed to stress that. Us in the neighborhood especially when you get to look over the petition a little closer you'll see that we have just barely hit the immediate area that the petition was done in. The first one we did last year the seventy two it was overwhelming, it was overwhelming this time, I went door to door a week ago Saturday I had one person refuse to sign it. I just don't think we need any more noise in that neighborhood. COUNCILMAN MONTESI-Colleen, your specifically asking this board to consider on page 8, it says sounds created by any government agency or by use of public warning device to exclude fire station sirens? MRS. MINER-We're only asking in particular sirens on fire properties not sirens on ambulances, fire trucks, anything in that nature only on the stations. Station No.2, does not have a siren and it's our understanding that there isn't suppose to be one put up there but, we've been seven years without the one on Station No. 1. I've got neighbors who have signed it that have been there sixty years we support our firemen that's not the issue here the issue is this noise day and night or whatever. I mean they can put it on a timer they can do this they can do that, but it's the total annoyance even when it goes off at noon, I know when the noon hour is it's just really annoying. SUPERVISOR BORGOS-We're going to check the law to see if it's even legal for us to restrict those. It may not be legal for a Town to usurp the power of a fire department we don't know that, but we'll certainly look at that as we march on through this. MRS. MlNER-1 think it's very important because we did go the whole root. I mean we went through this step that step we finally met with the firemen a year ago on our own and the attitude quite frankly and there is a huge group of people here and nobody could tell them what to do. I'm sorry it's not all of them don't get me wrong it's a certain few. SUPERVISOR BORGOS-It's so much easier if you could talk to the Chief and the President, I know they both signed the letter with you in the paper. If you could get them to talk to the Board of Directors it would a lot easier to resolve within house like that. MRS. MlNER-1 agree. That's the root we tried to take before we came to the Town. SUPERVISOR BORGOS-Everybody comes to the Town. MRS. MINER-Actually we even got a lawyer also so it's not going to just stop. It's not going to go away ignoring it isn't going to stop it it's going to keep coming back until it finally is resolved in some kind of manner. SUPERVISOR BORGOS-I'll promise we'll look at it. COUNCILMAN MONAHAN-Mrs. Miner have they given you a reason why they think it's necessary to have that? MRS. MINER-They did say at one point that they thought, I'm not really sure what was it was they, I'm so nervous. Oh that's right, one firemen couldn't hear it when he was under trailers working, but it hasn't stopped his response in the last five years. They all have pagers issued, I think most of us know that. COUNCILMAN KUROSAKA-Their responded time is excellent without the siren. MRS. MINER-And the lawnmower they maybe mowing their lawn. But, I want to tell you that Vic Miner has never missed a fire because he was mowing his lawn or under a trailer or anywhere. Thank you. HOLLY WHEELER-16 Richardson Street. One additional comment to her or actually to you Steve, where you said there isn't a law yet. My point with the siren is, it's obsolete we now drive cars we don't need horses anymore. They now have pagers we don't need sirens anymore and that's what it comes down to this it's now an obsolete object we no longer need it so granted there isn't a law let's write one. SUPERVISOR BORGOS-Anyone else first time or second time? Yes sir, come right up and state your name please. We only do this because a couple days from now someone will be typing this and will say who's that so this helps them, by the way you'll be able to read this entire thing in a couple of weeks because public hearings we do verbatim every word that is said goes on the record. MIKE ELMORE-Howard Street, Queensbury. One reason that I forgot to mention here. When my Dad and Mother came here and owned this property back in 1938, 1940's not up to the present they wished that the property would not be posted because they had a great respect for persons freedom now, I'm not saying this vindictively. I've been forced into the point where I'm going to say that the property is posted, but let's keep in mind when we post property this does not mean motorcycles this means anybody not owning that property. We've got people as was mentioned before a lot of us created a lot of the trails through the watersheds people now use those watershed trails for jogging, cross country skiing, walking, whatever, they are subject to being hurt you read about it things happen. Now are they any better to be there than a motorcycle insurance wise not noise, okay so what's going to be fit for one is going to be fit for all when we do these things. Sirens, I agree with you they are noisy, but air raids there could be a technically there. MRS. WHEELER-We already checked that they had to have permission to take that down by the civil defense by Mr. Marzola. MR. ELMORE-There are enough air raids you can usually here at noon one goes off at my time noon a minute later South Glens Falls goes off, Hudson Falls a minute after that. I agree if we don't have any trails in the Town of Queensbury and the County of Warren and the State of New York then why does not the Town Board why does not the County Board bring suit against Governor Cuomo to recover the million dollars that he stole instead of trying to end a problem which there is no cure for these kids have got motorcycles and their going to ride them. Now, I was with a State Trooper when he stopped a guy from Poughkeepsie. This guy said I've got four thousand dollars in this little sucker right here and I'm going to ride it, catch me. Now anybody who travels the Northway were coming into Memorial Day watch the trailers coming north, watch them coming south, ATV's, motorcycles, where are they going to ride Warren County Snowmobile Trails they are going to be on them people whether we like it or not. COUNCILMAN KUROSAKA-On the cross country trails too. MR. ELMORE-And on the cross country trails too. They ride everywhere so it's not just going to be local it's local kids from Labor Day to Memorial Day, but in the summer time we get an influx people coming up here for recreation and there has already been enough done to Lake George to kill the recreation last year if anybody went through Town they could go through it in five minutes as compared to years ago took you twenty. I think we need to address that problem give these guys someplace to ride you want to catch them, I got a kid next door that rides motorcycles hire that guy to go out and catch them he'll do it he's not scared of those trails. I've seen this kid come down the street on a wheelie he's not afraid of these trails that's what you need you need some law enforcement officers that aren't afraid let them go out and do the job. In the south you've got restricted jeep trails which I think was mentioned in the park and they are enforced and most of the people do it here to those enforcements because they don't have any place else to go with their four wheel drives. I think if we get these trails, yeah we're going to have some odd balls they are going to wander off and cause trouble, hey what do we got now anything is better than trying to bat your head against the wall, let's see if I got everything covered in here. The other thing that part that I wanted to mention was down there in the owners of the property. Somebody mentioned or I saw it in the paper someplace make the property owner responsible for a person coming through his land on a motorcycle, anybody tell me how? I've got a pistol permit okay, if I shoot that guy I'm going to jail right, you give me a badge, gun, club, I'm still going to go to jail for taking him off that bike you can't make a property owner responsible for something that the police can't control. We all know why the minute somebody calls up Mr. Santasiero calls the Sheriffs Department the Sheriffs Department puts out a broadcast sends a sheriffs patrol down there well, Joe Blow up the road got's a monitor he picks it up calls up somebody else and everybody gets off the street. They can be caught, but like I said we're just beating a dead horse. I think we need a better noise ordinance on a motorcycles at the dealer or at a seller when you sell it, it has to be inspected better noise ordinances this way and trails someplace for them to go. We had the snowmobile problem Mrs. Monahan brought that up and at one time if you look back in the town books I bet Peggy Ann Road unless it was erased from Lupine Lane to the pole line is designated as a snowmobile trial, is it still in the book? SUPERVISOR BORGOS-I believe that is no longer the case. MR. ELMORE-It might have been taken out at one time there was nobody up there so we had that. The snowmobile problem has died down over the years. COUNCILMAN KUROSAKA-We have a county system for the snowmobiles. MR. ELMORE-That right. You have a county system those of us who live near it can get to it. COUNCILMAN KUROSAKA-I'm quite certain if Tom Murphy was alive he'd do something about it. MR. ELMORE-That's what we need. We need some positive attitudes to get the people off your, still going to have some problems but I think your going to alleviate. Mr. Santasiero said, one thousand feet a thousand feet is going to put them apparently halfway up Leo Street or better they are still going to come through that property. There are only a couple of them I know one of them, one of them his bike blew up and another one lives up toward West Mountain that comes through there with a loud two cycle motorcycle. COUNCILMAN KUROSAKA-You can't enforce it at one hundred feet, I don't know how your going to enforce it at one thousand. MR. ELMORE-Right. There again your saying if we put up fences or if! go over there cut the trees I hurt them I'm responsible. COUNCILMAN KUROSAKA-We hurt for it and would like to get a solution for this. There is no simple solution to this thing. SUPERVISOR BORGOS-We've had a lot of input tonight that I think will help us in further discussions unless the Board is anxious to do something tonight we'll be talking about this at the next few meetings. Thank you. COUNCILMAN MONTESI -Steve, I just have a couple of comments for the record. One is that we talked about boats and ATV's and I mentioned who enforces this. If we're going to put the burden on the Town of Queensbury some employee whether it be the Building and Codes Department you know will it necessitate that we be responsible to the Glen Lake residents, Sunnyside residents, or Lake George residents, to have a boat so that we could chase if you will, I'm not trying to make a big issue of this it's something you have to think about. Are we going to have to have an A TV to eagerly pursue the offenders, I don't know the answer to that. COUNCILMAN KUROSAKA-Sheriffs Department has a couple. COUNCILMAN MONTESI-I know that. I mean what we heard tonight is that both of those issues boats and ATV's could be a costly time consuming problem. The other thing that concerns me and one of them concerns me personally because I operate a carpet cleaning business there are many customers of mine that there is no other time to clean a car dealership except on a Sunday, a carpet cleaning machine that is running the truck mounting units represents about eight five decibels that could be a problem commercially. There are many lawn cutting services in Town that if they get a rainy day during the week that forces them in order to satisfy their customers needs to do grass cutting on a Saturday, Sunday, and sometimes on a holiday so that is something that we really got to give some serious consideration to. Power washing anything that happens commercially in most cases there are service industries that happen on weekend, holidays, and we have such a short season that's another problem. Just a comment to Mr. Singer, and it's not a defensive comment it's just a comment of observation. I was at all those meetings you were at on the Recreation Commission, I think I tend to agree with you that we ought to be doing something positive in terms of providing some kind of recreational facility to a segment of our community. We think of a lot of passive recreational and other things, but that sixty acres was initially purchased by, I think it was the Mike Brandt administration and it was purchased as a potential landfill site. Now you'd have to look at that and say, it's on the banks of the Hudson River it's a big ravine, boy we really weren't environmentally concerned then or knowledgeable where a landfill should be sighted, but that was the original intent of that. To this extent the Recreation Commission has labored over the ultimate use of that property because it is on the river it's on a very fast running part of the river so it's not suitable for swimming. We just walked it about two months ago the whole Recreation Commission and I have to tell you some of your group is making very good use of that property from what you've intended it's tough to walk it unless you announce that your there. PHIL SANT ASIERO-18 Queen Ann Court. A majority of discussion tonight didn't have to do with your carpet cleaning business, Ron. COUNCILMAN MONTESI-No, but it's part of the law. MR. SANTASIERO-I understand that. The major complaint tonight was the ATV situation that's what most of the people here tonight are upset about including myself. COUNCILMAN KUROSAKA-A group of anti-siren people too, I recognize my neighbors. MR. SANT ASIERO- Why, it's destroying property and it's running my property value down that's the major problem. Now, why don't we address that major problem and it can be done very very simply all you have to do in this town is pass one law that says, ATV's will not be permitted unless it's on an authorized track designated by the Town of Queensbury then anybody who runs a bike any where is in violation of the law and then the Sheriffs Department can act. It cannot act right now because the law is garbled it's not descriptive enough they can't catch them and all of the loopholes are there for them. Just one law it's illegal to own or use a dirt bike in Queensbury unless it's on an authorized Queensbury track period if you got one your in violation that's all. COUNCILMAN MONTESI -Your saying you couldn't use it on your own properties? MR. SANT ASIERO-No, on authorized Queensbury track not on your own property. COUNCILMAN MONAHAN-I would have doubts and I'll refer to our attorney on whether or not that would be a legal law that would stand up in court. MR. SANTASIERO-I would like to put that to a test in the Town of Queensbury. MR. GEORGE STEC-Butler Pond Road, Queensbury. Article 48 (b) (c) of the ATV law is a good law I see no problems with it. The problem that we have with it is enforcing it because these people speed away. I again, stress the fact that I would definitely like to see some type of educational program done first to make the people in the Town of Queensbury, State of New York aware of this particular ATV law. I think the law is good and addresses the problem the enforcement seems to be catching the guy is the problem. But, I believe if the majority of the people own these machines understand the law than eight per cent of them won't be riding they shut right down. Then you have the twenty per cent of those twenty per cent ten per cent will comply with the law and then you got the other ten per cent that I think the law enforcement agencies can handle. COUNCILMAN KUROSAKA-The law is already on the books. MR. STEC-It's a good law no problem with the law, but I do believe they also need a place to ride them. It's something that the Town and the City should contemplate addressing in the future when the water plant situation resolved your looking a four thousand acres. Thank you. MRS. MARCY -Ron, I just like to make a comment as you what you just said when Phil said about banning the dirt bikes and your question was not even on private property. That property directly behind our house that was not that wide and very long property that gentlemen's son was one of the boys who had a dirt bike and we contacted them several times. In answer to your question, I don't think whether they own the property or not makes any difference in a residential area. COUNCILMAN MONTESI-I was trying to get the clarification that he was excluding that. COUNCILMAN MONAHAN-I think also Marion when you discussed that problem with me that those kids also were violating the law as to how close they came to your house because they were coming up to the edge of that property if I remember right. MRS. MARCY-They were Betty, but even if they have been clear on the far side it wouldn't of helped that much. COUNCILMAN MONAHAN-But, I'm saying also that there was an attitude problem that was evident. MRS. MARCY -Yes. The problem with the situation when you get a lot of this going is the parent's get very irate with you I'm not generalizing, but it's been our experience that they get very defensive and they really don't care about your life in any way, shape, or form. The laws that are on the books maybe very stringent, but they can't be enforced and are not enforced and it takes away our privacy and we have rights too. COUNCILMAN MONTESI-There is one more thing that hasn't happened tonight, but there was a gentlemen that came to two or three Town Board meetings, I have to tell you I think it was in the Glen Lake area. It was incredible long dissertations by this gentlemen about a neighbor's who son was either in a band or took the speakers and they were huge speakers and turned them loud. I'm surprised that hasn't come forth tonight maybe people are respecting one another in neighborhoods more with terms of sounds. This is a drummer and there was an incredible amount of noise that was created and it seemed to us it was a type of noise that could be solved by parental supervision, but that wasn't the case because he was at three meetings for an hours dissertation each meeting. MIKE BAIRD-resident of Queensbury. I just have a question, I really don't know all about the things with the dirt bikes here and everything, but from the sounds of it, it seems to be that we're possibly proposing this new Noise Ordinance because of primarily a problem with dirt bikes and A TV's? COUNCILMAN POTENZA-One problem, but not the other problem. SUPERVISOR BORGOS-That is the most common problem we have many others but that's the most common. MR. BAIRD-Is that what basically brought this to a town meeting? SUPERVISOR BORGOS-All of them together is what brought it here. MR. BAIRD-All of them together. Then it wouldn't be desired of anyone disect and as somebody mentioned a little bit earlier. SUPERVISOR BORGOS-That's an entirely possible option. MR. BAIRD-Because I would have to side with Ron a little bit on some of these other issues that may be a concern to some maybe business people. COUNCILMAN KUROSAKA-Usually what you need to hear is noise umeasonable noise under any circumstance including bands, sirens, A TV's, all kinds of noises. MR. BAIRD-One initially problem with the dirt bikes seems to have brought everything onto the table. COUNCILMAN KUROSAKA-Most communities have noise ordinances. COUNCILMAN MONAHAN-Mike, I think now is your time to make comment about any noises as far as how businessmen are to be impacted because you know I am a little concerned as you are that this started out to be a general ordinance and it seems to focus down on one particular problem which there already should be laws on the books to handle. I personally would like hearing your comments that you have regarding. MR. BAIRD-My comments personally as a layman is simply this, if it runs good don't fix it, and I have heard all of my Aunt down the road I mean she has dirt bikes up and down I do not have a word in it, they do not drive by my house. I have a kid across the road he drives it every day he doesn't bother me, certainly that is their right. When you mix it in with all the other things that go around in business such as cleaning on a Sunday or leaving my truck, the motor in my truck early in the morning because I want to beat traffic before they block my spot or something like that. COUNCILMAN MONTESI-A cherry picker makes a lot of noise. MR. BAIRD-It does not bother people, either that or like you say they are too embarrassed or they do not want to tell me. We are talking about, it seems to me dirt bikes as the main problem. Given, as bring all this other stuff up here I am a little concerned of what it is going, dig all this when you talk about we need somebody to enforce it and maybe have Dave get somebody to administer, enforce and go around things that are really pretty calm right now. I mean things are pretty stringent already I feel, we are talking about dirt bikes fine I think this gentleman had a good idea and I am sitting back here all night I came in a little late I am a little puzzled all of this is being brought about because of the initial problems that I can see if I am not mistaken, dirt bikes, ATV's. SUPERVISOR BORGOS-We have dirt bikes we have fire sirens we got the neighbor with the band and the loud radio. MR. BAIRD-It ties a lot of unnecessary situations I feel personally that is basically all I wanted to say for the record. Thanks. SUPERVISOR BORGOS-Anyone else? Yes, Sir, Mr. Singer again. MR. RICK SINGER-Rick Singer, Ridge Road SUPERVISOR BORGOS-Come to the microphone please, you are a little too far away. COUNCILMAN KUROSAKA-We want to record you for posterity Rick. MR. SINGER-Rick Singer of Ridge Road, Town of Queensbury. Mostly for emphasis I just like to restate the position that I was discussing earlier, which is that in my experience I have always found that if you give people an opportunity to do the correct thing they will in fact do the correct thing. Instead of trying to make criminals and outlaws of otherwise innocent and honest people in the Town of Queensbury if the Town Board could see fit to expend the time and the effort and I realize it will cost a little money but I think that the financial impact can be kept to a minimum if it is done properly. I think the thing for the Town Board to do in reference to dirt bikes since that seems to be the biggest of the problems although I agree with the people that live near a fire house and I certainly would not want to live under one of those sirens. I live probably a mile, mile and a half away and when the Ridge Road siren goes off I hear it very clearly in my house. That is buffered by a mile and a half of trees I want you to understand and a lot of up and down terrain. But I think the answer here is clearly an A TV Park and if that piece of property on Ridge Road and I happen to pick it because I am familiar with it, that piece of property on Ridge Road consists of a big hole there is nothing better in the world than stick a bunch of dirt bikes in a bottom, I am sorry Corinth Road, COUNCILMAN KUROSAKA-The one off the River.. MR. SINGER -Yea, there is nothing better in the world to stick a bunch of dirt bikes in the bottom of a hole because the sound will never get out. If the Town will provide a place at least one place for these people to use their vehicles I think that you are going to see the whole rest of the Town empty out of all of these problems. Because the people will finally have a place to go COUNCILMAN KUROSAKA-You still have a problem, you still have the twenty. MR. SINGER -Yes. But at least you would be ride of 80% of it. The honest the law abiding people will be happy to go to the place I volunteer back in 1985 and early 1986 to help the Town to assist them if they were to establish a park there I have the connections with people that ride these vehicles and I have connection with people that know how to build A TV Parks and A TV tracks and I know people that have equipment that we can probably use if the Town would permit that and by my experience I have also found that generally speaking if you leave the dirt bike the three wheeler and the four wheeler people to their own ingenuity they will manufacture their own trails all the Town has to do is say go here the Town does not have to put in roads, the Town does not have to put in facilities you do not need drinking water, you do not need all the rest of that stuff that you do need at a regular manicured park such as the Harris Park. The atv'ers will take care of all that by themselves they will work it out all you need to do is go over here and play. COUNCILMAN POTENZA-Mr. Singer last Wednesday night we had a public hearing for the Parks and Recreation Master Plan and the Master Plan was presented to the public for the public input. That would have been an ideal forum for you to have attended for your comments. If I am not mistaken, you can check with the Recreational Director tomorrow to see if they are still accepting written comments and perhaps that can be reviewed and looked into for the Master Plan. MR. SINGER- Thank you. I am sorry that I was not aware of it that the hearing was going on. COUNCILMAN KUROSAKA-Ifnot at least they ought to be notified and be on their mind. MR. SINGER-I am hoping that the Town Board might make a note of it to the Director of Recreation. SUPERVISOR BORGOS-He is here. COUNCILMAN KUROSAKA-Harry is back there. MR. SINGER-I thought he was. SUPERVISOR BORGOS-Anyone else, last call. ....Mrs. Monahan COUNCILMAN MONAHAN-I just want to, first I want to make a comment when we talk about erosion, because I have also read in the National Parks that they are having a problem with erosion just from foot traffic is compacting so it isn't just your atv'ers that are making erosion, the hikers are also making erosion plus they are bring a lot of mess in that has to be taken out both by DEC, here Adirondack Mountain Club and George will back be up with the volume of mess that has to be taken out. OK. Now I want to get into specific parts of this ordinance. Building Construction, cannot start before 7 a.m. I happen to be acquainted with some, the contracting business know that some forms of the business particularly in the hot weather the summer likes to start at 6 o'clock in the morning so the men can be out of that terrible heat in the sununer for heat stokes and so and and so forth. I think your requirements in here are a little stringent. Somebody mentioned to me what happens if a private water main breaks according to this ordinance if it is any emergency they have got to find a building inspector first and get a permit. That is a critique of that area. I find this ordinance very, very discriminatory, we talk about land recreation vehicles we do not talk about boats, we do not take about jet skis etc. I see, I do not know what covers perhaps something does there is decimals but if you want absolute pains in the necks to some people are the boomboxes the loud TV's and the loud stereo's playing all times of the day and night when you have open windows. I am just going to use myself as a case in point I hopefully I follow the golden rule but I have a built in vacuum cleaner I do not run mine very early in the morning but late at night but what are you going to do about things like that as Ron points out. COUNCILMAN KUROSAKA-Most of that noise is in my basement with mine. COUNCILMAN MONAHAN-Well so is mine but the exhaust is outdoors and you can hear it that is why I do not do it except on normal days. Well, mine was probably one of the first built in vacuum cleaners in the Town of Queensbury it dates back to 1964. It is also a commercial model. My concern is in the Town of Queensbury we are getting an awful lot of ordinances on the books we are putting on ordinances that cannot be enforced and we know the time we put them in place they cannot be enforced. That is one concern. The other concern is how much are we going to intrude into people's private lives and how much are we going to regulate. What we start regulating today that maybe you want regulated then maybe tomorrow somebody wants your actions regulated. I think we need to think about these kinds of things. I said the Town of Queensbury is getting to the point that when I get out of bed at 7 o'clock in the morning I better think of what ordinance I am breaking by getting up in the morning. SUPERVISOR BORGOS-Ok. MS. LORI HAYDEN-My name is Lori Hayden, I just moved to 16 John Clendon Road it is a dead end, surrounded by woods that are really nice I thought I have two children and I thought it was going to be quiet and safe for my children and I am speaking for the children. To me the dirt bikes are the biggest thing on the agenda tonight. I think they are the most constant ok, maybe you go cleaning, is it every Sunday or you know, I think... COUNCILMAN KUROSAKA-Depends on where you live. MRS. HAYDEN-Speaking for the children, my children will be playing outside and all of a sudden my little one will come in and she will be going ma ma ma ma and if you could see it, it breaks your heart. Its scares her out of her sleep, it scares my son he is five and I mean I am not totally against ATV's or dirt bikes but I think there is a limit and I think it is the loudness is the biggest detail. I am just speaking for the children I guess it really scares them and it is dangerous for them they not only come on the trails but they will come right in front of our house on the road too, like to say forget calling the Sheriffs because you would not get them in time. It is dangerous it is dangerous. COUNCILMAN KUROSAKA-We are working on the noise aspect, the other laws are covered all that stuff that... that is an enforcement problem. MRS. HAYDEN-It is the noise that scares them... COUNCILMAN KUROSAKA-We are working on noise and we are trying to cover all kinds of noise in this town, that are annoying everybody, atv's do not bother me, but boomboxes and drumming did at one time. MRS. HAYDEN-They annoy adults but there are all the little children out there too. COUNCILMAN KUROSAKA-I talked to my neighbor and they closed the garage door. COUNCILMAN MONAHAN-I think that these bikes that are creating this kind of noise probably have altered their muffler system and have illegal muffler systems on them. I have taken a decimal reader to legal bikes and they do not even go up to 92 so I am assuming that what you are seeing is ones that people have altered as a lot of car drivers have altered their mufflers. You know if you are the right age and want that 'rrrrrer'... MRS. HAYDEN-There is a jump right behind my house and they go back and forth... .there is a favorite spot right behind my house nice big jump for them so they don't just ride by, I would not mind if they just rode by no it is revving back and forth it is just constant. COUNCILMAN MONAHAN-How do we legislate courtesy? Is what it is when we get down to brass task. SUPERVISOR BORGOS-Name and address please? MR. PHIL SANT ASIERO-Phil Santasiero, 18 Queen Ann Court, Betty Monahan, you said that the bike came out with the proper muffler on it would be permissible I would like to have you stand next to two of them or three of them in operation going around in a circle for an hour at a time. It would not be permissible. COUNCILMAN MONAHAN-Again, I will relate to what I said...we are talking about discourteous people and it is hard to legislate courtesy. I know exactly what you are referring to and you know anybody who is a responsible bike rider would not be doing those kinds of things. MR. SANT ASIERO- That is absolutely right and they will do it and they will do it time and time again, they have been spoken to by the sheriffs dept. and they just, they are not going to listen. So, it is the multiples as well a the ones about the mufflers. COUNCILMAN MONAHAN-I agree I know what you are saying and its unfortunate that we do not have parents that pay enough attention to what their children are doing if these are children to have some control on that. SUPERVISOR BORGOS-The next person on my list was Mrs. Potenza, who was due home at 8:30. COUNCILMAN POTENZA-The discussion about the local law regulating noise was first presented to this board there was a lot of debate and discussion as to whether it should be even go to a public hearing. One of the things I was most impressed with tonight is the amount of public input that we have had on it. If its not ATV's its boomboxes and its stereo's that are on back porches in residential areas until three and four o'clock in the morning and its sirens on fire houses and its whatever a noise a person to the point where it disturbs his sleep it disturbs his job it disturbs his performance and it disturbs his health. This input has been very good for me. I think we should go back and we should reinforce it and reconstruct it however no one has come here tonight and said we do not want a noise ordinance. There is degrees of it there is corrections in it but as a member of this board I feel that indeed the citizens of this town want some form of a noise ordinance. The only other question I have concerning, directly concerning the ordinance is that perhaps we should look into it to separate residential and commercial noises, because obviously that is going to be a problem and it will be taken care of through the law and not through a debate. COUNCILMAN MONAHAN-Steve I would like to read into the record something that was published in Organic Gardening, May/June 1991 and this applies to lawn tractors. John Deere F525 horse power make of engine 17 horse power kowsaki noise decimals 90 Gravley GEM 12.5 H Precoller eng. noise decimals 92 Huskiverna YT140H 14 horse power kiowski 91 decimals Kubuta G2000 21 horse power kubuta 91 decimals Simplicity LTH 16 horse power Briggs and Stratton 95 decimals Just so you have a basis of comparison even though we excluded lawnmowers at the proper hours you need to be aware of what those decimals are out there. SUPERVISOR BORGOS-What distance was that, did they say, what was the temperature? COUNCILMAN MONAHAN-This is something to help a person buy and so they are comparing. COUNCILMAN KUROSAKA- They probably measured those right next to the machine. SUPERVISOR BORGOS-Usually the legislation refers to so many feet usually 50 or 100 feet from and at a certain temperature, because that all changes. That would be interesting. COUNCILMAN MONAHAN-There are a lot of decimals out there that we do not realize. SUPERVISOR BORGOS-Anyone else? COUNCILMAN KUROSAKA-Can I say something? SUPERVISOR BORGOS-Sure, George. One more minute we go past the two hour mark, that is good. COUNCILMAN KUROSAKA-Everybody lives in an area that there is a certain type of noises is the most important noise in the world and to us all noise are important. One is not more important than another. I think all of our citizens have to be protected against umeasonable noise and disturbance. The other thing I saw, one thing here, Tom Flaherty noticed something here, places of public entertainment it says 95 decimals measured at the location of spectators. Someone is going to go in there and measure it? I couldn't care if they blew their ear drums out as long as it did not get out of the building....as long as it is on my property or if it disturbed someone on the outside, I do not think we want to go in and police inside a building. SUPERVISOR BORGOS-Last call...no hands, no voices, PUBLIC HEARING CLOSED. 9:00 p.m. Based on what we have heard is there any member of the Board that wants to take official action tonight, seeing no hands we will postpone those two resolutions that were prepared. PUBLIC HEARING-EASY STREET WATER DIST. EXTENSION SUPERVISOR BORGOS-Has this been advertised. TOWN CLERK-Yes SUPERVISOR BORGOS-This is a proposal to refine an earlier proposal related to the creation of the so called Easy Street Water Dist. Ext. I see some Easy Street people here, I do not know who else, anyone is welcome to ask questions or express opinions at this time. Come forward, state you name and address. COUNCILMAN KUROSAKA-I do not think you will have any opposition and, or for it. SUPERVISOR BORGOS-We had previously had completed an engineering report the Easy Street Ext. will feed off the new pipes that were put in to complete the loops on West Mt. Road and Aviation Road some people in that area have already connected did at the end of last year. The proposal for the Easy Street Water Dist. pending formal approval from the Comptroller's Office hopefully will still be built this year. That is our plan I believe you have most of the pipes or you can get access to them. Looking at Tom Flaherty our Water Supt. that would be main water lines, fire hydrants and the whole thing, this would be the treated Queensbury Water so you would no longer be served from the Glens Falls Municipal System. Any questions about it at all? Would you come up and state you name and address please? I know who you are but for the record. MS. KATHY WEST-I am Kathy West on Easy Street Queensbury, do they have a decision as to which side of the Street the Water Line is going to come down? SUPERVISOR BORGOS-I will ask Mr. Flaherty, I believe so, the engineers report had a recommendation, I do not know, Tom do you know, is it going to be on, which side of Easy Street. MS. WEST-The outside of the curve or the inside. MR. FLAHERTY-If! had the plans here in front of me I could tell you, but I do not remember. MS. WEST-Well I know, they flagged our side of the street but we got cable lines and phone lines buried there now so it seems much more sensible to put the water lines on the other side of the street. MR. FLAHERTY -We like to go on the side that there is the least obstacles in the way depending on how much right of way we have and what is there. MS. WEST -And it is anticipated that it is going to go in this spring or this summer? MR. FLAHERTY-I anticipated it would go in last summer... MS. WEST-I anticipated 15 years ago when we first moved in when we asked about it and we have been waiting patiently. SUPERVISOR BORGOS-I think everyone in that district signed the petition and I do not know of any exceptions. MR. FLAHERTY-If Audit and Control hadn't been concerned over whether we called it the Easy street water dist. or the extension of the Easy Street Water Dist. we could have had it done by now. SUPERVISOR BORGOS-The whole public hearing is because of the change in the precise name of the district I believe. TOWN ATTORNEY DUSEK-This may help Darleenjust pulled out a copy of the mapping at it looks like the hydrants are located on the outer side not the inside of the curve but the outside. The pipe is looking to run. MR. FLAHERTY-That is very possible Paul, but there will still be a field decision when we get there or what is in the way. SUPERVISOR BORGOS-It is a very narrow street, it could easily be moved to the other side if you decide. Is there anyone else who wishes to speak about this proposal? Hearing None, seeing no hands, the Public Hearing is closed. 9:04 P.M. RESOLUTION ESTABLISHING QUEENSBURY WATER DISTRICT FOR EASY STREET EXTENSION RESOLUTION NO. 249, 1991, Introduced by Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the Queensbury Consolidated Water District to be known as the Easy Street Extension (referred to in previous Resolutions as the "Easy Street Water District Extension"), and WHEREAS, a map, plan and report has been prepared regarding the said extension of the existing Queensbury Consolidated Water District, such extension to serve an area adjacent to, in and around that area of the Town of Queensbury in the vicinity of the intersection of West Mountain Road and Aviation Road, Easy Street, Bennett Road, Eldridge Road and Queen Diana Lane, as more specifically set forth in the said map, plan and report, and WHEREAS, the map, plan and report has been filed in the Town Clerk's Office in the Town of Queensbury and is available for public inspection, and WHEREAS, the map, plan and report was prepared by Raymond H. Irish, P.E. and L.S., Consulting Engineer, RD #1, Box 508, Queensbury, New York 12804, an engineer licensed by the State of New York, and shows the boundaries of the proposed extension of the Queensbury Consolidated Water District, and a general plan of the water system, and a report of the proposed water system and method of operation, and WHEREAS, the map shows the water mains, gate valves, and hydrants, together with the location and a general description of all appropriate public works existing or required, and WHEREAS, a Short Environmental Assessment Form and Negative Declaration have previously been prepared, adopted and filed in accordance with the requirements of the New York State Environmental Quality Review Act, and WHEREAS, a public hearing has previously been held and an order adopted establishing the said Easy Street Extension subject to State Comtroller approval, and the Town Board has been requested to hold an additional public hearing, reconsider the establishment of the district and provide notice of the same, which notice is to include the actual legal description of the boundaries of the district; the previous resolution and notice of hearing having generally referred to the area of the district by referring to the specific area of the district by reference to the map, plan and report, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing on July 9, 1990 concerning the establishment of said water district extension at which time all persons interested were afforded an opportunity to be heard, and has now held an additional Public Hearing and Noticed said hearing on May 6, 1991 at which time all persons interested were afforded an opportunity to be heard, and NOW, THEREFORE IT IS RESOLVED, that it is the determination of the Town Board of the Town of Queensbury, that 1. notice of said public hearing was published and posted as required by law and is otherwise sufficient; 2. it is in the public interest to establish, authorize, and approve the Queensbury Consolidated Water District - Easy Street Extension as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; 3. all property, property owners, and interested persons within said extension are benefitted thereby; 4. all property and property owners benefitted are included in said extension; and IT IS FURTHER RESOLVED, that: 1. The Queensbury Consolidated Water District - Easy Street Extension be and the same is hereby authorized approved and established in accordance with the boundaries and descriptions set forth in the previously described map, plan and report, and construction of the improvement may proceed and service provided, subject to the following: a. the obtaining of necessary permits from the New York State Department of Health; b. the obtaining of necessary permits from the New York State Department of Environmental Conservation; c. a permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York; d. the adoption of the final Order by the Town Board of the Town of Queensbury; e. New York State Comtroller approval. 2. The boundaries of the extension of the Queensbury Consolidated Water District are as follows: DESCRIPTION OF PROPOSED EASY STREET DISTRICT TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK BEGINNING at the most westerly corner of Lot 121, Block 8, Section 90 of the Tax Maps of the Town of Queensbury, Warren County, New York. THENCE from said point of beginning, westerly along the southerly boundary of Lot 1, Block 1, Section 90 of the Tax Maps of the Town of Queensbury, to the easterly side of West Mountain Road; THENCE crossing West Mountain Road to the southeasterly corner of Lot 1, Block 1, Section 85 of the Tax Maps of the Town of Queensbury; THENCE continuing in a westerly direction, along the southerly boundary of said Lot 1, Block 1, Section 85,425 feet to a point; THENCE northerly, crossing through said Lot 1, Block 1, Section 85 to the southerly corner of Lot 11, Block 1, Section 84 of the Tax Maps; THENCE westerly, along the southerly boundary of lots 10 and 9, Block 1, Section 84 to the point where the westerly boundary of said Lot 9 intersections the northerly boundary of Section 85; THENCE northerly along the westerly boundary of Lots 9, 8, 5, and 3.1 of Block 1, Section 84, to the southerly line of Thunderbird Road; THENCE crossing Thunderbird Road, along the extension of the westerly line of said Lot 3.1, to the southerly line of Lot 20, Block 1, Section 85 of the Tax Maps of the Town of Queensbury; THENCE easterly, along the southerly line of Lot 20, Block 1, Section 85 to the point where the northerly side of Thunderbird Road intersects the southerly line of Butler Pond Road; THENCE crossing Butler Pond Road to the northwesterly corner of Lot 18.23, Block 1, Section 85, and the southerly boundary of Lot 17.221 of said Block 1, Section 85; THENCE southeasterly, along the southerly boundary of said Lot 17.221 to the southeasterly corner of said Lot 17.221; THENCE northeasterly, along the southeasterly boundary of Lots 17.221 and 17.222, Block 1, Section 85 to the northeasterly corner of said Lot 17.222; THENCE westerly, along the northerly boundary of said Lot 17.222, to the southeasterly corner of Lot 16 of Block 1, Section 85, THENCE northerly, along the easterly boundary of said Lot 16 to the southwesterly corner of Lot 13, Block 1, Section 85; THENCE easterly, along the southerly boundary of Lot 13, Block 1, Section 85, to the westerly boundary of Lot 1, Block 1, Section 85; THENCE along the southerly and easterly boundaries of said Lot 1 to the most southerly corner of Lot 11, Block 1, Section 85; THENCE northerly, along the easterly boundary of said Lot 11, a distance of 800 feet to a point on the westerly boundary of Lot 10, Block 1, Section 85; THENCE northeasterly, crossing through said Lot 10, to the most northerly corner of Lot 8, also being the most westerly corner oflot 7.70, Block 1, Section 85; THENCE easterly, along the northerly boundary of said Lot 7.70 to the southwesterly corner of Lot 7.66, Block 1, Section 85 of the Tax Maps of the Town of Queensbury; THENCE northerly, easterly and southerly, along the westerly, northerly and easterly boundary of said Lot 7.66 to the northwesterly corner of Lot 7.74, Block 1, Section 85; THENCE easterly, along the northerly boundary of Lots 7.74 and 7.75 to the northeasterly corner of said Lot 7.75; THENCE southerly, along the easterly boundary oflot 7.75 to the northerly line of Hillside Drive; THENCE easterly, along Hillside Drive, to the southwesterly corner of Lot 7.77, Block 1, Section 85 of the Tax Maps of the Town of Queensbury; THENCE northerly and easterly along the westerly and northerly boundaries of said lot 7.77, to the northeasterly corner of said lot 7.77; THENCE southerly, along the easterly boundary of Lots 7.77, 7.76 and 7.3 to the westerly boundary of the Queensbury Water District; THENCE southwesterly and southerly along the westerly boundary of the Queensbury Water District, to the northerly boundary of Lot 12, Block 3, Section 83 of the Queensbury Tax Maps; THENCE westerly, along the northerly boundary of Lots 12 and 13 of Block 3, Section 83, to the northwesterly corner of said Lot 13; THENCE southerly, along the westerly boundary of Lots 13 and 6 of Block 3, Section 83, to the northerly boundary of Hummingbird Lane; THENCE southerly, crossing Hummingbird Lane, to the northwesterly corner of Lot 5, Block 3, Section 83; THENCE southerly along the westerly boundary of Lot 5, Block 3, Section 83 to the northerly boundary of Eldridge Road; THENCE easterly along the northerly boundary of Eldridge Road and Lots 10,6.13,6.6 and 6.19 of Block 1, Section 83, to the northeasterly corner of said Lot 6.19; THENCE southerly, along the easterly boundary of Lots 6.19, 6.14, 6.5, 6.8, 6.9, 6.15, 6.10 and 6.2 of Block 1, Section 83, to the northerly boundary of Aviation Road; THENCE crossing Aviation Road to the northeasterly corner of Lot 2, Block 2, Section 83; THENCE southerly, along the easterly boundary of said Lot 2 and the boundary of the Queensbury Water District to the southeasterly corner of said Lot 2, Block 2, Section 83; THENCE easterly, southerly, and westerly, along the boundary of the Queensbury Water District, to the point where said district boundary meets the southerly boundary of Lot 1, Block 1, Section 90; THENCE along the southerly boundary of said Lot 1, and the boundary of the Queensbury Water District, to the point and place of beginning. 3. The improvements proposed are generally the purchase and installation of water distribution drains, hydrants and gate valves and such other facilities or apparatus as more specifically set forth in the aforesaid map, plan and report prepared by Mr. Raymond Irish, P.E. and L.S., and the costs shall also include a proportionate share of the cost of the water treatment plant, mains, and other facilities of the existing Queensbury Consolidated Water District. 4. All proposed water mains and appurtenances shall be installed in full accordance with the Town of Queensbury specifications and ordinances, and in accordance with approved plans and specifications and under competent engineering supervision. 5. The maximum amount proposed to be expended for the said improvement is estimated to be $ 140,000.00. 6. The proposed method of financing will be by Serial Bonds for a period of time not -to- exceed 20 years and Bond Anticipation Notes, and the expenses occasioned by the creation of the said Easy Street Extension shall be assessed, levied and collected from the several lots and parcels of land within the district on an ad valorem basis for retirement of debt and operating and maintenance with an additional charge for metered water usage, as set forth in the engineer's map, plan and report. 7. The map, plan and the report describing the improvements are on file in the Town Clerk's Office, for public inspection, and BE IT FURTHER RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Article 7 and Part 12-A of the Town Law of the State of New York, and the Town Clerk is hereby authorized and directed to file, post and publish such notice of this Resolution as may be required by law. Duly adopted this 6th day of May, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None PUBLIC HEARING LOCAL LAW ON NO PARKING GLEN LAKE SUPERVISOR BORGOS-Has this been advertised? TOWN CLERK-Yes. SUPERVISOR BORGOS- This relates to the specific details of no parking signs on a parcel of Town property located between Glen Lake Road and Glen Lake. This is a boat access, boat launching access, car top boat and canoe launching access situation. Anyone who wishes to speak about that, any questions? It has been discussed fully at a couple of other full meetings. Seeing no hands, hearing no comments we will closed the public hearing on that. RESOLUTION TO ENACT LOCAL LAW NUMBER 5,1991 ESTABLISHING NO-PARKING REGULATIONS ON A PARCEL OF TOWN PROPERTY LOCATED BETWEEN GLEN LAKE ROAD AND GLEN LAKE AND DESIGNATED AS LOT NUMBER 38-4-1 ON THE TOWN OF QUEENSBURY TAX MAP RESOLUTION NO. 250, 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 desirous of enacting a local law to establish no-parking regulations on an parcel of Town property located between Glen Lake Road and Glen Lake and designated as Lot Number 38-4-1 on the Town of Queensbury Tax Map, and WHEREAS, a copy of the proposed local law entitled "A Local Law Establishing No-Parking Regulations on a Parcel of Town Property Located Between Glen Lake Road and Glen Lake and Designated as Lot Number 38-4-1 on the Town of Queensbury Tax Map" has been presented at this meeting, 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 May 6, 1991, a public hearing with regard to this local law was duly conducted, and WHEREAS, this project has been determined to fall within the criteria of a Type II SEQRA action under Part 6, Section 617.13, requiring no further SEQRA review, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law Establishing No-Parking Regulations on a Parcel of Town Property Located Between Glen Lake Road and Glen Lake and Designated as Lot Number 38-4-1 on the Town of Queensbury Tax Map, to be known as Local Law Number 5, 1991, the same to be titled and contain such provisions as are set forth in a copy of the proposed 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, and BE IT FURTHER RESOLVED, that no SEQRA review is performed as it has been determined that the action is a Type II action under SEQRA. Duly adopted this 6th day of May, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None LOCAL LAW NUMBER 5, 1991 A LOCAL LAW ESTABLISHING NO-PARKING REGULATIONS ON A PARCEL OF TOWN PROPERTY LOCATED BETWEEN GLEN LAKE ROAD AND GLEN LAKE AND DESIGNATED AS LOT NO. 38-4-1 ON THE TOWN OF QUEENSBURY TAX MAP BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1: Title A Local Law Establishing No-Parking Regulations on a Parcel of Town Property Located Between Glen Lake Road and Glen Lake and Designated as Lot No. 38-4-1 on the Town of Queensbury Tax Map. SECTION 2: Purpose: The purpose of this Local Law is to prohibit, except for specific authorized spaces, the parking of any vehicle on a parcel of Town property located between Glen Lake Road and Glen Lake, and designated as Lot No. 38-4-1 on the Town of Queensbury Tax Map, under penalty of fine for violation. SECTION 3: Definitions: The words "motor vehicle", "vehicle", "person" and "park" shall have the same meaning as set forth in the definition of such words in the Vehicle and Traffic Law of the State of New York. SECTION 4: No-Parking: Except for specific authorized spaces, as provided in Section 5 hereunder, no vehicle shall be parked or left standing on that parcel of Town property located between Glen Lake Road and Glen Lake, and more particularly described as Lot No. 38-4-1 on the Town of Queensbury Tax Map. SECTION 5: Parking Spaces: The Town of Queensbury Director of Parks and Recreation shall designate one handicap parking spot and two additional parking places wherein parking shall be allowed on said parcel. The Director of Parks and Recreation shall also place regulatory signs designating said places. Parking in the aforesaid designated areas shall be permitted between the hours of 9:00 a.m. and 9:00 p.m., inclusive. SECTION 6: Penalty: Any person violating any provision of this Local Law shall, upon conviction, by punishable for a first offense by a fine not to exceed $25.00, and for a second offense by a fine not to exceed $50.00. In addition to the aforementioned penalties, the Town Board of the Town of Queensbury may institute any proper action, suit or proceeding, to prevent, restrain, correct, or abate any violation of this Local Law. SECTION 7; Local Law Repealed and Superseded: Previous Local Law Number 4, 1984, adopted May 29, 1984, of the Town of Queensbury, is hereby repealed and superseded. SECTION 8: Effective Date: This Local Law shall take effect immediately upon the filing thereof in the Office of the Secretary of State. Discussion held in regard to the posting of Glen Lake in front of the Docksider Rest., Supervisor Borgos requested Mr. Missita to see to the placement of the signs. PUBLIC HEARING-LOCAL LAW ON CODIFICATION SUPERVISOR BORGOS-I'll ask the Clerk if this has been advertised? TOWN CLERK-Yes, it was. SUPERVISOR BORGOS-After a great deal of effort a couple of years anyway we were able to get all of our laws and ordinances cleaned up from the past get them into a book and this was done by the General Code Publishing Company. We now have proposed for adoption a very nice volume of all the laws you would ever want to see about Queensbury in one nice neat book you don't have to go to a bunch of pieces of paper. Our Attorney as I say, together with our Town Clerk and all their assistances did a tremendous amount of work to get this together it's necessary for us to have a public hearing. Copies of the technical changes that were made in this by our Town Attorney with the authority of the Town Board were given to all Town Board members a week or two maybe a little longer ago and I'm wondering if anybody has any comments about any of that? COUNCILMAN MONAHAN-I just have a question. Paul, did the departments review any of the sections that referred to their type of work like highway review highway, recreation recreation, planning and zoning review that? ATTORNEY DUSEK-Yes, the sections of the code were broken up and given to various departments to whom I thought they would affect. If somebody had to make a decision and I made that decision as to who to give it to. With respect to the Highway Department though it should be noted that omitted from the general code at this point are all of the parking regulations, stop signs, etc., because we are still in the process of Paul had reviewed all of those I have to redo them and we're going to have that as a separate publication, but that is being worked on. Planning went through the zoning type matters answered a lot of questions for me, cemetery reviewed some things. COUNCILMAN MONAHAN-My feeling is departments would be the ones who might catch something that was a little off faster than you know. Thank you. COUNCILMAN KUROSAKA-That's quite a codification because I scanned through it, boy. SUPERVISOR BORGOS-I was impressed. I use the unofficial copy on my desk and it's real easy to find things now. Any other comments? On the advise of our Attorney, I wish to continue this until our next regular meeting on the 13th. All we need is a little more time for a little more input to be technically correct so rather than closing this we just would like to continue this. Thank you. DISCUSSION HELD SUPERVISOR BORGOS-Noted that Mr. Madison has been before the Board before and got all the variances he needed from the Town. Noted it was his understanding that he is back before the Planning Board now waiting to get their final approval. He has a subdivision pending talking about the creation of four lots, two lots to be used for homes, two lots that may never be built upon and that language is on the site plan to be approved by the Planning Board. Noted Mr. Madision's question is how many recreation fees must he pay. Asked the Town Attorney to research this to see if there is something that the Board could do to solve this problem. ATTORNEY DUSEK-Asked the Board that in these types of situations is the desire to charge only for one lot or two lots? SUPERVISOR BORGOS-Noted that they always start with one then take the number of lots minus one to calculate our fee, noted in this case two of them you can't build on. PUBLIC HEARING LOCAL LAW CODIFICATION/ZONING AMENDMENTS SUPERVISOR BORGOS-I'll ask the Clerk if this has been advertised? TOWN CLERK-Yes, it was. SUPERVISOR BORGOS-Are there any comments from any member of the public or any Board? COUNCILMAN KUROSAKA-What is this one? COUNCILMAN MONAHAN-That's the one that was three or four pages. COUNCILMAN KUROSAKA-Zoning change for who? SUPERVISOR BORGOS-No, this is not for a "who", this is the zoning change portion of the codification it goes with the blue book. Any discussion at all, hearing no voices, seeing no hands, we will continue the public hearing until May 13th. PUBLIC HEARING TO REMAIN OPEN DISCUSSION HELD SUPERVISOR BORGOS-Noted that some of the homes in Bedford Close have experienced some highground water situations. Have met with representatives from Bedford Close and the Town concerning the formation of a drainage district in the area to help solve the problem, noted that to form the district a map, plan, and report would be needed from an engineering firm. Have approached the Towns engineers and have received an estimated cost for a map, plan, and report. RESOLUTION AUTHORIZING PAYMENT OF THE COST OF PREPARATION OF A MAP, PLAN AND REPORT FOR DRAINAGE IMPROVEMENT RESOLUTION NO. 251, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, concerns have been raised concerning drainage problems in the Honey Hollow RoadIBrookshire Trace area of Bedford Close Subdivision in the Town of Queensbury, and WHEREAS, a preliminary investigation has been conducted and it would appear that the concerns are of a sufficient nature to warrant the development of a map, plan, and report for providing drainage in the aforedescribed area, and WHEREAS, pursuant to Section 209-b of the Town Law of the State of New York, the Town Board may adopt a resolution, subject to permissive referendum, appropriating a specific amount to pay for the cost of preparing a general map, plan, and report, for providing facilities, improvements, or services in any portion of the Town, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and appropriates the sum of $10,000.00, to be paid for from the Engineer, Principal Account, to pay the cost of preparing a general map, plan and report for the providing of drainage facilities, improvements, or services, in that portion of the Town of Queensbury, which generally consists of and is near the Honey Hollow RoadIBrookshire Trace area of Bedford Close, and BE IT FURTHER RESOLVED, that such map, plan, and report shall conform with the requirements of Section 209-b of the Town Law of the State of New York, and that such map, plan, and report shall be prepared by and under the supervision of Rist-Frost Associates, P.C., Consulting Engineers, and engineers employed by the Town of Queensbury, and BE IT FURTHER RESOLVED, that this resolution shall be subject to permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York, and within ten days after the adoption of this resolution, the Queensbury Town Clerk shall post and publish a notice which shall set forth the date of adoption of this resolution, and a copy of this resolution. The notice shall specify that such resolution was adopted subject to permissive referendum. Duly adopted this 6th day of May, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None OPEN FORM MRS. MARGARET PRIME-Spoke on behalf of the Cemetery Commission in regard to the proposal for expansion for the cemetery building. PLINEY TUCKER-Ward 4, Queensbury. Questioned the Board if the Town Landfill would charge people who voluntarily pick up garbage? JIM COUGHLAN-Queensbury Landfill Superintendent. Noted that this has been brought to his attention and that there would be no charge for people who voluntarily pick up garbage, the landfill should know about this ahead of time. MR. TUCKER-Questioned the Board on where Clendon Brook Road crosses the Corinth Road, asked the Board to request Fred Austin to take a look at this in regard to putting guardrails up. Asked the Board about the Water District on Corinth Road, asked if the Board has heard from Tom Flaherty, Water Superintendent. SUPERVISOR BORGOS-Noted that Mr. Tucker should contact Tom Flaherty. MR. TUCKER-Questioned the Board about people dumping along the pole line, asked when this is going to be cleaned up? SUPERVISOR BORGOS-Noted that the power company will be cleaning this up and putting up barriers and signs. MR. TUCKER-Asked about the extension that was granted to the Affordable Housing Project on Corinth Road. Noted that an extension was granted on February 26th, 1991, by the Planning Board to give the developers an extension because they couldn't afford the recreation fee. Noted that three members of the Planning Board voted yes in regard to this project, asked if action of the Planning Board took a majority of the Board? SUPERVISOR BORGOS-Noted that on a seven member board it would take four members. MR. TUCKER-Questioned if the project was given an extension by an illegal vote of the Planning Board. ATTORNEY DUSEK-Noted as an legal opinion he doesn't think that the Board did anything wrong that night they conducted a vote and found out that the vote wasn't going to pass by a sufficient number the vote on the action that they wanted to take was simply a nullity they didn't have to do anything at that point because it didn't count. At the next meeting they rectified the situation and took the proper action. BARBARA BENNETT-Dixon Road, Queensbury. Questioned the Board regarding the new regulations that are going into effect on May 20th, 1991 for garbage. Asked about disposing lawn clippings at the Luzerne Road Station if this was allowed and in what manner? COUNCILMAN MONAHAN-Noted that she will contact Jim Coughlan, Superintendent of Landfill concerning this situation. OPEN FORM CLOSED DISCUSSION HELD SUPERVISOR BORGOS-Noted that the Community Action Agency has contacted the Town and they wish the Towns support in allowing people to bring food to the Town Building during the period of May 20th through May 31st, 1991. It was the Board's consensus to do this. Noted that the Town has a law concerning garbage containers stating a screen or fence must be put around dumpsters to handle regular trash, asked the Board's consensus in regard to commercial recycling containers. RESOLUTION DENOTING INTENT OF TOWN BOARD / RECYCLING BINS RESOLUTION NO. 252, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza. RESOLVED, that the Town Board hereby notes that it is not the intent of the Town Board to consider as a dumpsters those containers that are only to be used for recyclables. Duly adopted this 6th day of May, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None DISCUSSION HELD SUPERVISOR BORGOS-Discussion held on sale of topsoil from Hovey Pond. Recommended to Board the sale of the topsoil at a range of $5.00 a cubic yard with the Town loading it being sure that there is proper insurance certificates from the owners of the trucks we're loading it into. Noted that the money received from the sale of topsoil would go into a special revenue account which would pay for the actual cost of the Highway Department for digging and loading this topsoil that is sold. RESOLUTION AUTHORIZING THE SALE OF TOP SOIL RESOLUTION NO. 253, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury desires to arrange for the sale of surplus Town property consisting of dirt or soil being removed from Hovey Pond, and WHEREAS, the Town Board has undertaken to ascertain what a reasonable open market price for the top soil would be, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that a reasonable selling price would be Five Dollars ($5.00) per cubic yard, and BE IT FURTHER RESOLVED, that the Town Board has in reaching its decision on the open market price has considered the open market price of top soil, has also determined that the needs of the Town will best be served in arranging for the immediate sale of said top soil and has considered the cost of removing the same and the Town's overall economic interest are promoted by selling the said top soil, and BE IT FURTHER RESOLVED, that the Town Supervisor shall hereby be charged with the duties and responsibilities to ascertain the amount of top soil that should be sold from the site and also arrange for a review of insurance certificates of those individuals picking up top soil from the site in the form subject to the approval of the Town Attorney and further be charged with the duty and responsibility to monitor the sale of the top soil and if conditions change report back to the Town Board. Duly adopted this 6th day of May, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 254, 1991 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of April 18, 1991. Duly adopted this 6th day of May, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Mr. Borgos Noes: None AbsentNone RESOLUTION TO CLOSE THE TRAFFIC LIGHT PROJECT FUND RESOLUTION NO. 255, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury by a previous resolution established a Capital Project Fund known as the Traffic Light Project Fund bearing Fund #90, and also at one time identified as Fund H56, and WHEREAS, the purpose for which the Project Fund was established is complete and the Fund is no longer being used or needed, and WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing the closure of said Fund, NOW THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the transfer of the balance of the said Fund, at this point estimated to be in the approximate sum of $11,389 plus interest, to the General Fund (Fund #01, previously identified as Fund A), and BE IT FURTHER RESOLVED, that upon the transfer of the balance indicated, the Fund shall be closed and the Supervisor, as Chief Fiscal Officer, is hereby authorized to take all action necessary to close said Fund, including arranging for transfer of the funds indicated to the General Fund. Duly adopted this 6th day of May, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION OF DISCLOSURE RESOLUTION NO. 256, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, there is a position opening on the Queensbury Parks and Recreation Department entitled, "Summer Youth Program Coordinator," and WHEREAS, Miss Patricia Borgos has applied for and has been recommended for the position by Mr. Harold Hansen, Parks and Recreation Director, and WHEREAS, Miss Borgos is the daughter of Town Supervisor, Mr. Stephen Borgos, and WHEREAS, under the Town Code of Ethics Section 3(g) any person of blood relation or through marriage can only be hired upon disclosure to the entire Town Board and their consent, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby recognizes and approves of the appointment of Miss Patricia Borgos to the position of Summer Youth Program Coordinator to the Parks and Recreation Department. Duly adopted this 6th day of May, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, NOES: None ABSENT: None ABSTAIN: Mr. Borgos RESOLUTION TO DESIGNATE POLLING PLACES IN THE TOWN OF QUEENSBURY RESOLUTION NO. 257, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, pursuant to Article 4-104 of the New York State Election Law, the Town Board of the Town of Queensbury must submit to the Warren County Board of Elections a listing of the polling places in the Town of Queensbury in each Election District in which elections and registrations may be held, NOW, THEREFORE BE IT RESOLVED, that the following locations be and hereby are designated as the respective polling places in the districts as enumerated: WARDÆD. LOCATION 1/1 North Qsby. Rescue Bldg. 1/2 Bay Ridge Firehouse 1/3 Bay Ridge Firehouse 1/4 Warren County Center 2/1 South Qsby. Firehouse 2/2 Qsby. Activity Center 213 Qsby. Central Firehouse 2/4 Qsby. Activity Center 2/5 Robert Gardens Rec Room (Not Accessible) 3/1 Qsby. Central Firehouse 3/2 Qsby. Senior High 313 John Burke Apts. (Not Accessible) 3/4 Kensington Rd. School 4/1 W.G.F. Firehouse (VanDusenlLuzerne) 4/2 W.G.F. Firehouse (VanDusenlLuzerne) 413 W.G.F. Firehouse (Luzerne Road) 4/4 W.G.F. Firehouse (Luzerne Road) 4/5 W.G.F. Firehouse (Luzerne Road) and that such locations are accessible to the Physically Handicapped, pursuant to Article 4-104-1-a of the Election Law unless otherwise noted, and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Warren County Board of Elections. Duly adopted this 6th day of May, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION AMENDING CAPITAL PROJECT FUND BUDGET RESOLUTION NO. 258, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 26, 1991, authorized and established a Capital Project Fund, known as the Landfill Closure Capital Project Fund, (H57, now known as Fund No. 92) for purposes of financing the costs incidental to abandonment and closure if necessary, of the Town of Queensbury/City of Glens Falls Landfill, such costs to include, but not be limited to, legal fees, printing, engraving, and publication of legal notices, engineering expenses, and associated costs, including filling, drainage, fences, roadways, water monitoring, and buildings appurtenant or incidental thereto, and any other construction or land acquisition which may be necessary or required by law or regulation to close and abandon said landfill, and/or any other interim or temporary cost incurred during the closure preparation of said landfill, and WHEREAS, appropriations for said Capital Project Fund had originally been established at $50,000.00, and WHEREAS, the Queensbury Town Board is desirous of amending the budget of the aforesaid Fund, and increasing appropriations, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends the aforesaid Capital Project Fund Budget by increasing appropriations by $200,000.00, with the source of appropriations to be a transfer of funds from the Landfill Capital Reserve (former fund no. R46, now known as fund no. 63), and BE IT FURTHER RESOLVED, that the Queensbury Town Supervisor is hereby authorized and directed to transfer a sum of $200,000.00 to the aforesaid Capital Project Fund, from the Landfill Closure Reserve, and BE IT FURTHER RESOLVED, that the Queensbury Town Board conditions expenditure of monies from the aforesaid fund to those types of expenditures outlined in the preambles of this resolution, and as such, finds the source of funding from the Capital Reserve Fund to be an appropriate expenditure of said Reserve Fund, and BE IT FURTHER RESOLVED, that in the event that, at some time in the future, this Capital Project Fund is either closed, or the purposes for which it was created are completed, all funds remaining therein shall be transferred and returned to the Landfill Closure Reserve Fund, and BE IT FURTHER RESOLVED, that the appropriate 1991 Town of Queensbury Fund Budgets shall be amended, as necessary, to reflect the terms and provisions of this resolution. Duly adopted this 6th day of May, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 259, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, certain departments have requested transfers of funds, 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: SUPERVISOR FROM TO AMOUNT 01-9050-8050 01-9902-9003 $2,000.00 (General Fund (Trans. to Risk Unemp. Ins.) Retent. ) 02-9050-8050 02-9902-9003 $1,000.00 (Cemetery Unemp. Ins) (Trans. to Risk Retent. ) 04-9050-8050 04-9902-9003 $1,000.00 (Highway Unemp. Ins.) (Trans. to Risk Retent. ) 91-9050-8050 91-9902-9003 $1,000.00 (Landfill Unemp. Ins.) (Trans. to Risk Retent. ) and BE IT FURTHER RESOLVED, that the 1991 Town Budgets be amended accordingly. Duly adopted this 6th day of May, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO. 260, 1991, Introduced by Mrs. Marilyn Potenza 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 is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes 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 Landfill Closure Fund (Fund #40) Capital Project (Fund #92) $ 600.00 Queensbury Water Highway Garage Fund (Fund #40) Improvement Cap. Project (Fund #89) 3,400.00 General Fund Unemployment Insurance (Fund #01) Risk Retention Fund (Fund #03) 2,000.00 and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the prepayment of the temporary advances as soon as possible, but not later than the close of the 1991 Town Fiscal Year, and the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment in accordance with section 9-A of the General Municipal Law. Duly adopted this 1st. day of May, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE RELATING TO DEC PERMITS FOR SOLID WASTE TRANSFER STATION SITES RESOLUTION NO. 261,1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury desires to secure DEC permits for solid waste transfer station sites located off of Ridge and Luzerne Roads, Queensbury, New York, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and the Department of Environmental Conservation has agreed to such lead agency designation, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER RESOLVED, that the Town Board hereby approves and adopts all responses and information set forth in the Environmental Assessment Form, and the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER RESOLVED, that pursuant to Section 617.15, the annexed Negative Declaration is hereby approved and the Town Supervisor is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 6th day of May, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING APPLICATION FOR SOLID WASTE MANAGEMENT FACILITY PERMIT RESOLUTION NO. 262, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, a New York State Department of Environmental Conservation Applications for a Solid Waste Management Facility Permits has been prepared, and WHEREAS, two permits have been reviewed and are presented to this meeting, NOW, THEREFORE BE IT RESOlVED, that the Town Supervisor is hereby authorized and directed to execute, transmit, and take all action necessary to secure the New York State Department of Environmental Conservation Permits for Solid Waste Transfer Station at both Ridge Road and Luzerne Road sites. Duly adopted this 6th day of Mary, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY RESOLUTION NO. 263, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is desirous of having a Household Hazardous Waste Collection Day for residents of the Town of Queensbury and City of Glens Falls, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act a lead agency with respect to compliance with SEQRA which required environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER RESOLVED, that the Town Board hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER RESOLVED, that the annexed negative declaration is hereby approved and the Town Clerk is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 6th day of May, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING EXECUTION OF SERVICE AGREEMENT WITH LAIDLAW ENVIRONMENTAL SERVICES RESOLUTION NO. 264, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, pursuant to Resolution No. 95, 1991, adopted February 4, 1991, by the Town Board of the Town of Queensbury, a bid from Laidlaw Environmental Services (NE), Inc. has been accepted for collection of household hazardous waste, to be held on May 11, 1991, and WHEREAS, said Resolution states that the cost of such Household Hazardous Waste Collection Day shall be $10,072.00, to be exceeded only in the event that more waste is collected than specified, with additional amounts based upon the service and treatment cost attached as Attachment A in the Contract presented at this meeting, and WHEREAS, said Agreement with Laidlaw Environmental sets forth the terms of operation and disposal of hazardous waste from said Household Hazardous Waste Collection Day, and WHEREAS, said Agreement has been reviewed, and is in the form approved by the Town Attorney, NOW, THEREFORE BE IT RESOLVED, that, pursuant to Town Law (6), the Town Supervisor is hereby authorized to execute and sign the Agreement with Laidlaw Environmental Services. Duly adopted this 6th day of May, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. , 1991 ON LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 136 THEREOF ENTITLED SEWERS AND SEW AGE DISPOSAL TO AMEND AND ADD A NEW PARAGRAPH CONCERNING STANDARDS FOR LEACHING FACILITIES AND SINGLE F AMIL Y SEPTIC SYSTEMS RESOLUTION NO. 265,1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _.,1991, A Local Law to Amend the Code of the Town of Queensbury, Chapter 136 Thereof entitled Sewers and Sewage Disposal to Amend and Add New Paragraph Concerning Standards for Leaching Facilities and Single Family Septic Systems, and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 3 day of June, 1991 to consider said Local Law No. _, 1991 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _, 1991 in the manner provided by law. Duly adopted this 6th day of May, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 88 THEREOF ENTITLED FIRE PREVENTION AND BUILDING CONSTRUCTION TO ADD A NEW SECTION IDENTIFYING FURTHER DUTIES ASSIGNED TO THE DIRECTOR OF BUILDING AND CODE ENFORCEMENT RESOLUTION NO. 266, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local law No. _. 1991, A Local Law To Amend the Code of the Town of Queensbury, Chapter 88 thereof entitled Fire Prevention and Building Construction to add a new section identifying further duties assigned to the Director of Building and Code Enforcement, and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law and Article 17 Labor Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a pubic hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 3rd day of June, 1991, to consider said Local Law NO. _, 1991 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and RESOLVED, that the Town Board of the Town of Queensbury determines that the proposed action is a Type II actions pursuant to the NY State Environmental Quality Review Act, and BE IT FURTHER RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law NO. _, 1991 in the manner provided by law. Duly adopted this 6th day of May, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING WITHDRAWAL FROM HIGHWAY GARAGE RESERVE FUND RESOLUTION NO. 267, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, by resolution no. 732 of 1989, the Town Board of the Town of Queensbury recognized the Highway Garage Fund as a Reserve Fund bearing no. H27 (now known as fund No. 62), and WHEREAS, the Town Board of the Town of Queensbury is desirous of withdrawing the amount of $60,000.00 from said Fund, and transferring the same to the Highway Improvement Capital Project Fund, which was established for the purposes of making improvements to the Highway Garage Roof and for the purposes of making improvements to the interior parts of the Highway building to arrange for conversion of the same from courtroom facilities to Highway Department facilities, and of authorizing the improvements for which the said fund was established, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a withdrawal and expenditure from the aforesaid Capital Reserve Fund known as the Highway Garage Reserve, in the total amount of $60,000.00 to be deposited or transferred to the Highway Garage Capital Project Fund, and to be expended for the purposes for which such fund was established as hereinabove set forth, and BE IT FURTHER RESOLVED, that the Queensbury Town Board hereby further directs that in the event that there are any funds remaining in said Capital Project Fund, after complete payment of the project or improvements referred to, the monies in said Fund shall be returned to the Capital Reserve Fund referred to herein, and BE IT FURTHER, RESOLVED, that at the time the aforedescribed transfers are actually made, the Town Supervisor as Chief Fiscal Officer, is hereby authorized and directed to increase appropriations in the aforesaid Capital Project Fund by the appropriate amount of $60,000.00 and amend the 1991 Capital Project Fund budget as may be necessary and make all other proper accounting entries and budgetary amendments that may be necessary in connection with this withdrawal and transfer of funds, including any amendments that may be necessary to the 1991 General Town Budget, and BE IT FURTHER RESOLVED, that this resolution shall be subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law, and the Queensbury Town Clerk is hereby authorized and directed to publish and post such notices and to take such other and further actions as may be required by law. Duly adopted this 6th day of May, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO ADOPT FORM FOR USE IN REVIEWING SEPTIC VARIANCE APPLICATIONS RESOLUTION NO. 268, 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, acting as the Local Board of Health, is desirous of adopting and approving a form for use by the Local Board of Health in their review of applications for septic variances in the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the form presented at this meeting be and hereby is adopted for the use of assisting the Department of Building and Codes and the Local Board of Health in their review of applications for septic variances in the Town of Queensbury. Duly adopted this 6th day of May, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. , 1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 58 TO THE ENTITLED "BUILDINGS, ELEVATORS REQUIRED", WHICH CHAPTER PROVIDES FOR THE INST ALLA TION OF SUIT ABLE ELEVATORS IN ALL HOUSING COMPLEXES FOR THE ELDERLY OR HANDICAPPED, WHICH CONTAIN 10 OR MORE UNITES ABOVE THE FIRST FLOOR RESOLUTION NO. 269, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1991, A Local Law to Amend the Code of the Town of Queensbury by Adding a New Chapter 58 to be Entitled "Buildings, Elevators Required", Which Chapter Provides for the Installation of Suitable Elevators in all Housing Complexes for the Elderly or Handicapped, Which Contain 10 or More Units Above the First Floor, and WHEREAS, such legislation is authorized pursuant to the Town Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 3rd day of June, 1991, to consider said Local Law No. _, 1991 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _, 1991 in the manner provided by law. Duly adopted this 6th day of May, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: Mr. Kurosaka Absent: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEW AGE DISPOSAL ORDINANCE RESOLUTION NO. 270, 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, 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. Kenneth D. Piacente 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: "Horizontal separation distances from wastewater sources, as provided for in Appendix A, Table I, must be met, The separation distance required for holding tank shall be the same as required for septic tanks", 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 ----------------------------------------------------------------- " " " " " " septic tank " " 10' " " " " " " " " and WHEREAS, Mr. Piacente has indicated a desire to place the septic tank (holding tank) l' from the dwelling, rather than placing it at the mandated 10' distance, NOW, THEREFORE BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on June 3rd, 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 for a variance ofMr. Kenneth D. Piacente to place the septic tank (holding tank) l' from the dwelling, on property situated on Russell Harris Road, Cleverdale, Town of Queensbury, New York, and bearing tax map no.: Section 11, Block 1 Lot 25, 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 6th day of May, 1991 by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 271, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: 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: Floyd Shovah, Tax Map Nos. 106-1-9 and 106-1-10 637 Glen Street, P.O. Box 4602, Queensbury, New York. Duly adopted this 6th day of May, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: Mrs. Monahan Absent: None RESOLUTION TO APPROVE PURCHASE OF TWO NEW TANDEM DUMP TRUCKS WITH SNOW PLOWS AND WINGS FOR THE TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 272, 1991, Introduced by Mr. Ronald Montesi who moved its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Highway Superintendent for the Town of Queensbury is desirous of purchasing two (2) new tandem dump trucks with snow plows and wings and the Town Board of the Town of Queensbury is desirous of approving, or as may be necessary, authorizing said purchase, establishing a capital project fund for said purchase and arranging for the financing of the purchase as more specifically set forth herein, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby approves and as may be necessary authorizes the purchase of two (2) new trucks with snow plows and wings as set forth in the Bidding Documents presented at this meeting, with the same to be paid for in accordance with the terms and provisions of this resolution, and BE IT FURTHER RESOLVED, that the said Town Board hereby authorizes and directs the establishment of a capital project fund to be known as the "Highway Machinery and Apparatus Capital Project Fund" for the purposes of providing a fund out of which payments will be made for the aforesaid trucks and provides that the appropriations for said new capital project fund shall be in the amount of $225,000.00, the estimated total cost of the aforesaid trucks and the proposed method of financing said capital project fund shall consist of the following: issuance of Bonds or Bond Anticipation Notes in a total amount not-to-exceed $225,000.00 with authority to renew the same, as may be necessary, from time to time, to be vested in the discretion of the Town Supervisor as Chief Fiscal Officer for the Town of Queensbury in accordance with the terms and conditions of a bond resolution to be adopted by the Town Board of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to take such other and further action as may be necessary to arrange for the establishment of the aforesaid capital project fund, the arrangement of funding of the same, and purchase of the aforesaid trucks, including the establishment of any account lines within the fund as may e necessary to transfer funds to said account or pay monies from said fund for purchase of the trucks. Duly adopted this 6th day of May, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None A RESOLUTION AUTHORIZING THE ISSUANCE OF $225,000.00 SERIAL BONDS OF THE TOWN OF QUEENSBURY TO FINANCE HIGHWAY DEPARTMENT PURCHASE OF TANDEM DUMP TRUCKS WITH SNOW PLOWS AND WINGS RESOLUTION NO. 273, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town of Queensbury, Highway Superintendent is desirous of purchasing two (2) new tandem dump trucks with snow plows and wings in accordance with specifications presented at this meeting, and WHEREAS, said Town Board of the Town of Queensbury by previous resolution has approve and, as necessary, authorized said purchase in accordance with the Highway Laws of the State of New York, and WHEREAS, the maximum amount proposed to be expended for the purchase is the amount of $225,000.00, and WHEREAS, it is now desired to authorize financing for said purchase, and WHEREAS, the action for which this funding is proposed has been reviewed by the Town Board pursuant to the mandates of the State Environmental Quality Review Act and the Town Board has determined that action to be an action not subject to the requirements of the State Environmental Quality Review Act or if it is a Type II Action for which an Environmental Impact Statement or other determination of proceedings under the Rules and Regulations are not necessary, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury, as follows: SECTION 1. The specific object or purpose to be financed pursuant to this resolution is the purchase of machinery and/or apparatus for construction and maintenance including the maintaining and removal of snow and ice from the Town of Queensbury highways, said machinery or apparatus to consist of two (2) dump trucks with snow plows and wings. SECTION 2. The maximum estimated cost of such specific object or purpose is $112,500.00 for each truck or a total of $225,000.00 and the plan for the financing thereof is the issuance of $225,000.00 serial bonds hereby authorized to be issued pursuant to the Local Finance Law. SECTION 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen (15) years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law as the cost of each truck equipped as specified shall exceed the sum of $30,000.00. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five (5) years. It is hereby determined that pursuant to Section 35.00(b) of the Local Finance Law that this bond resolution is not subject to permissive referendum and that a five percent (5%) down payment is not required therefore pursuant to Section 107 of the Local Finance Law. SECTION 4. The faith and credit of said Town of Queensbury, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. Unless paid form revenues derived from the aforesaid specific object of purpose, there shall annually be levied on all the taxable property of said Town of Queensbury, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. SECTION 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to see bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor, the Chief Fiscal Officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law. SECTION 6. The powers and duties of advertising the bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Town Supervisor, who shall advertise the bonds for sale, if appropriate, conduct the sale and award the bonds in such manner as he shall deem best for the interest of the Town of Queensbury, provided, however, that in the exercise of those delegated powers he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State comptroller applicable to the sale of municipal bonds. The receipt of the Town Supervisor shall be a full acquittance to the purchaser of such bonds who shall not be obliged to see to the application of the purchase money. SECTION 7. The validity of such bonds or notes or any bond anticipation notes issued in anticipation of the sale of such bonds may be contested only if: 1) Such obligations are authorized for any object or purpose for which the Town of Queensbury is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of the publication of such resolution or summary thereof, or certificate, as the case may be, are not substantially complied with and an action, suit or proceeding contesting such validity, is commenced within twenty (2) days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the constitution. SECTION 8. This resolution shall be published in full by the Town Clerk of the Town of Queensbury in the official newspaper of the Town of Queensbury, together with a notice of the Town Clerk substantially in the form provided in Section 81.00 of the Local Finance Law. SECTION 9. This resolution is not subject to permissive referendum. Duly adopted this 6th day of May, 1991 by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION INCREASING FUNDS IN QUEENSBURY CONSOLIDTED WATER DISTRICT VEHICLE ACCOUNT RESOLUTION NO. 274, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, a truck owned and operated by the Town of Queensbury Consolidated Water District has been unexpectedly destroyed by fire, and WHEREAS, an insurance settlement has been made and the proceeds will be deposited in the appropriate revenue account, and WHEREAS, Thomas K. Flaherty, Water Superintendent, has requested that appropriations in the Queensbury Consolidated Water District Vehicle Account be increased by $14,000.00 to pay for the purchase of a new vehicle, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, hereby amends the Town of Queensbury 1991 Queensbury Consolidated Water District Budget, to increase appropriations in account no.: 40-8340- 2020 (Vehicles), in the amount of $14,000.00, and increase the Appropriated Fund Balance for the Queensbury Consolidated Water District, in a like amount. Duly adopted this 6th day of May, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION INCREASING BUDGETS FOR TRANSFERS TO RISK RETENTION FUND RESOLUTION NO. 275, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Director of Accounting Services has recommended that the Town of Queensbury build-up the Risk Retention Fund (Fund #03), NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, hereby amends the Town of Queensbury 1991 Highway Fund, to increase appropriations in account no.: 04-9902-9003 (Highway Fund), in the amount of $7,000.00, and increase the Appropriated Fund Balance for the Highway Fund, in a like amount, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury, hereby amends the Town of Queensbury 1991 Queensbury Water District Fund, to increase appropriations in account no.: 40-9902-9003 (Queensbury Water District Fund), in the amount of $3,000.00, and increase the Appropriated Fund Balance for the Queensbury Water District, in a like amount. Duly adopted this 6th day of May, 1991, by the following vote: Aye: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent None RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 276, 1991 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Audit of Bills appearing on Abstract May 6, 1991 numbering 91186600-0201 through 91224900-0201 and totaling $348,242.19 is hereby approved. Duly adopted this 6th day of May, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None AbsentNone RESOLUTION TO ENTER EXECUTIVE SESSION RESOLUTION NO. 277, 1991 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby enters into Executive Session to discuss the following labor relations, four matters of personnel, and litigation. Duly adopted this 6th day of May, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None AbsentNone No further action was taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury