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1987-07-28 TOWN BOARD MEETING JULY 28, 1987 - 7:30 P.M. TOWN BOARD MEMBERS George Kurosaka-Councilman Stephen Borgos -Councilman Ronald Montesi -Councilman Betty Monahan -Councilman Frances Walter -Supervisor 7:59 P.M. TOWN COUNSEL-Wilson Mathias PRESS-WWSC - Glens Falls Post Star GUESTS-Paul Naylor, Rick Missita, Mr. Dean, Mrs. Clary. THE QUEENSBURY BOARD OF HEALTH SUPERVISOR WALTER-We have a matter of a variance re: septic system for Thomas Clary, Vaughn Road, Hudson Falls, New York. Asked Mr. Dean, Building and Codes Officer for information. MACK DEAN-First of all I should point out that the Clarys are able to obtain 150 foot separation from the nearest well. The problem is however, is that they can't meet the side line separation distances of ten feet on each side where the seepage pits are to be centered in the area past the 150 foot mark it would be 8 1/2 feet from each side lot line and the second one would be 5 1/2 feet from the side lot line. That is really the jest of the application. COUNCILMAN MONAHAN-Was this lesser set back from each side lot going to affect anybody else's property? MR. DEAN-No, there might be some disturbed soils which of course will be replaced in the normal fashion. COUNCILMAN KUROSAKA-There are no objections from any of the other neighbors? MR. DEAN-I have not heard of any objections, I believe the Public Hearing was legally published and I have not heard anything. COUNCILMAN MONTESI-Mack are you saying that a resolution on the Town Board acting as the Health Department granting this 150 foot, a variance on the side line is what we need to do in the form of a resolution or does this have to go before Zoning Board of Appeals? MR. DEAN-It is strictly at the discretion of the Town Board as Board of Health. SUPERVISOR WALTER-We are looking at a seepage pit to a well requiring a 150 feet...no leaching facility will be permitted within 200 feet of the main highwater mark, does that enter into this picture at all? MR. DEAN-No, it is well over 200 feet. SUPERVISOR WALTER-This is a check list and I would like to have the consensus of the Board and that is number one, there are special circumstances or conditions of which the strict application of the provisions of our ordinance would deprive the applicant of reasonable use of his land. Would this ordinance, if granted, be materially detrimental to the purposes of the ordinance or to the other adjoining properties conflict to the purposes or objective to the policy of the town...if the Town Board of Health would grant the variance would the variance be necessary for the reasonable use of the land and that the variance that would alleviate the specific condition? If the Board were going to present the motion, would you have any special conditions as part of the resolution? COUNCILMAN KUROSAKA-No, it meets all the requirements of the sanitary law. SUPERVISOR WALTER-We have to have the.findings before we can make a variance to the sanitary ordinance in the town. The Board has indicated that certainly a variance would be possible and within the best interest of the ordinance. RESOLUTION TO GRANT VARIANCE RESOLUTION NO. 2, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, Thomas Clary of Vaughn Road, Hudson Falls, has requested a variance on property located on Glen Lake Road 45-3-15, and WHEREAS, a Public Hearing was held on July 28th, 1987 at 7:30 P.M. in accordance with the Sanitary Sewage Disposal Ordinance,to consider the application for a variance of Thomas Clary to install septic system less than the required set back at property on Glen Lake, Reardon Road, Tax Map Number 45-3-15 NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury Board of Health hereby approves the variance to Thomas Clary, to have less than the required separation distance from seepage pit to the well. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs.Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER-We have received a memo from our Code Enforcement Officer, Mr. Martin and he has indicated that at a trial held on the June 8, 1987 in the Queensbury Town Court, Judge Bacas indicated that the septic system of Donna Deppe, tax map 28-1-14.2 had repairs that must be made to the system and that Mrs. Deppe was given until June 22, to meet the necessary repairs. Repairs were not done June 22nd, and Mr. Martin memo to the Town Board acting in the capacity of the Queensbury Board of Health was that the Board take action; order the system be covered by contractors or the Highway Department, and that the bill be forwarded to Mrs. Deppe for payment. We do have the authority to do that...at this point asked for discussion from the Town Board. COUNCILMAN MONAHAN- Asked if Mrs. Deppe was present... MRS. DOUGLAS-neighbor of Mrs. Deppe...this has been going on for a couple of years with the open septic and we finally gainfully contacted somebody to have something done...and not only in April did they tell them about the septic but it is also zoned for one family dwelling they built an apartment, they have tenants living in the apartments and they never had a building permit to build a two family house...with the people living there the ground couldn't take the septic so they use open septic. The town has been after them to do something but they have done nothing. The tenants were in the apartment when I left my house today, and I have three little girls that play in the yard and this is an open septic and I can't stand to see that. SUPERVISOR WALTER-The judge has indicated that they were given a certain amount of time so we have been through the enforcement route as far as taking the Deppe's to our local court...that is the purpose of speaking to the Board tonight. Again I would tell the public here that any expenses incurred by the town if not paid for by the owners of the property then becomes a lien against the properties so that other property owners in the town are not paying for this eventually it will be part of the taxing...if anybody wants to buy the property it will become a lien. MRS. DOUGLAS-The Town went in earlier and found they had thrown all their garbage out the back door and they were told to clean up their garbage, the racoons have gotten into it and there was garbage all over...They don't take care of the property. COUNCILMAN BORGOS-I think the town has been very patient with this particular case...I followed it for a couple of months and the town has been trying to let the owner, because of financial difficulty, get some things done and it hasn't been done and for health reasons we ..� can't wait any longer. I would like to move that the Town Board order this done either by contract or by the Highway Department and send the bill. SUPERVISOR WALTER-As part of the discussion...are we going to send our Highway Department — out or shall we go out and get a contractor? COUNCILMAN BORGOS-The least expensive way and satisfactory. COUNCILMAN MONTESI-Most expedient way is the answer. PAUL NAYLOR-Stated that he would rather not use the Highway Department to do this job. SUPERVISOR WALTER-Stated that a contractor would be called then. COUNCILMAN MONAHAN-Said that this is also a comparatively new house being used as a two family resident in a one family area. I was by it the other day and was not aware that that was the house in question, and thought they were having it used as a two family house, I suggest the Building Department look into it. MR. DEAN-That situation had been addressed about a month ago, they were ordered to vacate within 30 days. SUPERVISOR WALTER-If that is the case then I would suggest that there be no notice to remedy and that we go right to the quick. RESOLUTION FOR TOWN BOARD OF HEALTH TO RETAIN CONTRACTOR RESOLUTION NO.3, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mrs. Betty Monahan. WHEREAS, the Building and Codes Department has notified the Town Board of a certain open septic system on property known as 28-1-14.2 and WHEREAS, upon notification the Town Baord of Health declares it necessary to retain a contractor to cover such open septic system as soon as possible and charge the owner for such action, NOW, THEREFORE BE IT RESOLVED, the Town Board acting as Queensbury Board of Health has determined the need to retain a contractor to make the necessary repairs to the septic system and remove debris from the property of Donna Deppe, tax map 28-1-14.2. Duly adopted by the following vote Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None TOWN BOARD MEETING RECONVENED 8:15 P.M. PUBLIC HEARING - RE: Adoption of Amendment to Town of Queensbury Ordinance No. 34 NOTICE SHOWN SUPERVISOR WALTER-Stated that the amendment to Ordinance 34 is Section 1-A, Sandy Bay bounded northerly by a line 1800 feet north of the southerly shore of Lake George and Sandy Bay east by Rockhurst, south by state land by Sandy Bay and westerly by Cleverdale. Noted that there were people at the meeting expecting to talk about amending the ordinance relative to other areas, Warner Bay, Assembly Point, and Harris Bay and actually the only thing that was changed was the Section 1-A Sandy Bay. We are taking the line from 1200 feet and moving it to 1800 feet, anyone here wishing to speak at the Public Hearing on behalf or in opposition to making that change please address the board at this time. MR. INGLES-Cleverdale, I would like to know how any laws on Sandy Bay are enforced? I mean to say, you've got these new signs so that you can't moor within 200 feet of the shore and there's 35 boats within 200 feet of the shore...if you pass a law and don't do anything, what's the good? SUPERVISOR WALTER-That's a very good point Mr. Ingles, and to answer your question the patrols of the Lake are the New York State Police, Warren County Sheriff's Department and the Lake George Park Commission. COUNCILMAN MONAHAN-Mr. Ingles, I would like to comment on this...I was up at Sandy Bay this weekend and one land owner up there told me that but they think the boaters have moved one of the buoys that mark the two hundred feet. MR. INGLES-I think it is nice for Queensbury to be interested enough in Lake George to suggest ` 60 or make resolutions but Queensbury also has to be interested in who's enforcing the resolutions once it gets passed. There is no point in making resolutions that aren't going to be enforced. COUNCILMAN MONAHAN-The Sheriff's Department has made a few calls up there on Sandy Bay and maybe we can prevail upon them to make a few more. PAUL MID DLETON-Cleverdale, I am general manager of the Mooring Post Marina and I am pretty much responsible for the petition...my main feeling on the whole subject is one based on safety. I am very concerned with the safety factors involved, I know this is very controversial and a lot of pros and cons among the residents, boaters, among anybody involved...I have responsibilities to my employees, the speed the boats travel in and out of Sandy Bay is to say the least excessive in everybody's mad dash enjoying themselves on the lake. I've got employees who are constantly working around boats, they are subjected to large waves caused by cruisers, speed boats, all kinds of boats...again if they are working inside boats they are subjected to bouncing around inside all the boats which presents an extremely dangerous position to be in. I have people — coming into my gas dock looking for fuel and services, stepping in and out of boats and are confronted with the situation where it is almost dangerous for them to get in and out of their boats. Those are only a few of the things mentioned in my letter, but my biggest concern is the safety to my customers, my potential customers, and my employees. That is really the basis for my whole thoughts and desire to have the five mile an hour moved. I want to make one point my main concern is safety of boaters and of my employees in and out of the water. Also stated that his marina and Mr. Fisher's marina are the only two on the lake not protected by the five mile an hour area. At one point on Sunday right at this five mile an hour zone I would dare say there were at least six to eight boats that were right on the five mile an hour zone either leaving or entering the marina and they were subjected to boats going sometimes fifteen to sixteen miles an hour right up to that five mile an hour zone. That's my basis for requesting the ordinance. MR. FISHER-Kattskill Bay and Warner Bay- A Bay is a Bay, I don't care where it is. We are going to sit here and talk tonight about five mile buoys, five mile buoys are ridiculous, they should be ten mile buoys. In Sandy Bay the most ridiculous thing is that I recommended to ENCON five years ago was to put big concrete anchors down put some chains up with buoys on them and four or five post, figure out how many boats they could put in Sandy Bay and that is it, nobody else could anchor in that Bay...The people who live there can get in and out of their boat houses which they can't do now. We don't have that over to my place, we have excessive speed, really excessive. Something has to be done, we have to get ENCON Department in this thing to enforce it, we need better patrol boats on the lake rather than Boston Whalers. SUPERVISOR WALTER-Mr. Fisher, what we are having a Public Hearing on this evening is amending Ordinance No.34 which is moving a line from 1200 feet to 1800 feet and this is in Sandy Bay. I understand from what you are saying that you have other problems which we will be happy to hear and listen to under open forum, but we are trying to get a line on how the public perceives amending this particular local law. I would like to stick to that and your comments could be given during open forum. Asked Mr. Fisher if he agreed with the 1800 feet? MR. FISHER-I am sorry I didn't get that far into Sandy Bay, my idea is to get the boats out of there and limit how many boats go in. CLEVERDALE RESIDENT-I am opposed to this amendment because I am at the southern end of the Bay and I travel at five miles an hour and that is very very slow, I agree that ten miles an hour zone is far more superior. A five miles an hour zone is highly unenforceable and there isn't a person on the lake doing five miles an hour. Also noted that he was opposed to 2400 boats in Cleverdale at Sandy Bay, on a Sunday or Saturday afternoon. Six years ago I wrote a petition again how they should moor a certain number of boats...State Island has two or three docks and when those docks are filled, you can't go on the island...on Sandy Bay when it gets filled they keep coming in and keep coming in. You can put five per hour its not going to stop them from coming in...they like the sandy bottom, that's why we are there we like the sandy bottom also. The solution to the Mooring Post Marina's problem, maybe he shouldn't have bought the Mooring Post knowing that the five mile an hour line cut right across the gas tanks, --' and they have been that way for the last ten or fifteen years. However, maybe we could draw the line to go 1800 feet on that shore line and then have it come back to 1200 on the other so that the residents who live there don't have quite the trip...If we are talking point to point that's a mighty long trip. We definitely need something done in Sandy Bay, it doesn't exactly pertain to the five mile an hour ruling but it has got to be a survey to curtail the boat traffic, excluding the buoy out, it isn't going to do it. DR. FARHART-Rockhurst, I live there during the summer, but I think it is serious enough that I am going to change some of my voting in Queensbury, because I want to be heard in Queensbury. The reason I am interested is because I feel if they move the buoys out, I don't know exactly how far 1800 feet is, but I do know they put the buoys in the wrong location one 263 year and I found boats mooring right out in front of my place...so actually if you move that five mile an hour out further, what it is going to do is, instead of 500 boats in Sandy Bay, we are going to have 2000 boats in Sandy Bay, they are going to moor in the whole Bay. We are going to have one whole congested area...as far as activities go, you won't be able to water ski in your area, you will have to go to the next Bay...after all its like the good guys are the bad guys now...what privileges do we have on Lake George, its a five day a week deal. Something should be done but how do you enforce it, something should be done that will be workable, something that will be good for the residents and also good for the boaters. COUNCILMAN MONTESI-Asked Dr. Farhart, living on the lake have you seen enforcement going on...have you seen the ENCON people or the Sheriff's Department there, have you seen them written any tickets? I am going to get some data from the Sheriffs Department but I want a feeling. i DR. FARHART-No, I haven't but I do know the presence of the Sheriff's Patrol is in the Bay and it gives you a nice feeling at least, but I don't know how much they are able to enforce they are probably limited to what they can do. I also know that the law enforcement officers today are batting a society that is much different than the one I grew up in as a young man. COUNCILMAN MONTESI-Maybe Mr. Fishers comment about limiting the number of official mooring stations might not be a bad idea...then a guy can have a handle on who is there and who isn't. MARY ARTHUR-The Sandy Bay situation has been one that the Lake George Association has been hearing about for many, many years and a lot of the suggestions that are being offered here tonight about extending the speed zone and putting in mooring places for people to boat at has been looked at before...I think that in view of the new legislation that has been proposed for the Lake George Park Commission, this is a very good opportunity to revisit some of those suggestions and take another look at them. The proposed legislation now is aimed primarily at improving the capabilities of the Park Commission to enforce laws, the towns have the jurisdiction to create the speed laws within in 1500 feet of a shore and they could have a speed zone and a safety zone at one time and I think with your influence and the town residents influence at this time an appeal to the governor is in order to ask him to sign that legislation because you need that improved enforce ment...at the same time I would like to suggest that the town really consider making this not only a speed zone but a safety zone so that you have the flexibility later on to think when you thought more about the mooring situation to move on that a little more easily then you would at this time. SUPERVISOR WALTER-I don't understand if you are in favor of moving the 1200 feet up to 1800 feet? MARY ARTHUR-If the majority of the people who live there think that would help the situation then that is what you should do. They are the ones who are being harassed the most. Frequently our Committee has suggested that you take a look a the no wake zone...that in some cases speed is not the determining factor that produces the wakes that are unreasonable and dangerous. I think that is very hard to enforce and you have a better chance with speed zone. SHERRI CURNS-SANDY BAY-Moving the buoys is an attempt solve a multifaceted problem by one action and I don't believe that...what is really wrong with Sandy Bay can be dealt with essentially what is a simple jester. There are so many things going on at the same time down where we are, that while moving buoys might improve one aspect of it, boats coming in at an incredible speed, its frightening, on the other hand yes, if the five mile an hour zone is out to the point, well then are we going to have 2000 people parked wall to wall between Rockhurst and Cleverdale. Really it is a problem without a simple solution and one of the main things there is an enormous lawlessness among the boaters in the Bay. It has stopped being a family Bay where folks used to go with their kids where the kids could play in the sand, those people are generally fairly law abiding and pleasant but there is a whole other kind of party scene. Sandy Bay is like a popular bar. People down there are getting wasted and so the Sheriff had to threaten the live band down there to get them to behave. They have to go in the whalers because the big sheriff's boat can't get in through there and the boaters were trying to overturn the whalers so you can imagine when the guys turn around and go out of the Bay, who are the law enforcement authority, anything goes and I assure you everything goes. That's not to address the public health issue which is real. There are now paths leading into the swamp to urination and defecation spot and of course there are those who let it all hang out...that's not even all of it, wild and rough parties. There is a sense of injustice for the residents. They want people from Sandy Bay to speak, now is my chance, please, please do something for us, it is a bad and lawless situation down there and is getting worse. MARK WILLIAMS-Moving the buoys out may alleviate his problem somewhat but it isn't going to solve too much of it because the waves are still going to travel the distance the extra six hundred feet, they are not going to stop just because the buoys are there. His boats are still going to get rocked pretty much to the same degree. One of the biggest problems on Lake 2�2 George is the presence of sea wall around the lake because they do not allow the waves to dissipate themselves on the shore, they reflect them back where they go right back across the lake where they hit another sea wall, eventually they wear themselves out...but on most lakes that don't have sea walls they dissipate quickly and the lake calms right back down. There are three other marinas on the lake which are now protected by the five mile an hour zone, contrary to his comment, I have worked for several years at one of them and its not always pleasant in a boat but it is not quite as life threatening as he lead us to believe either. I don't see where moving the buoys to accommodate one business is really going to do too much for the Sandy Bay situation. You people have given a few hundred foot free gratis area a few years ago, if that's not being enforced then these other laws that are being proposed or ordinances aren't going to be enforced any better and you will probably have more of a problem with enforcing it with what you have now without adding any more to it at the time. COUNCILMAN MONAHAN-Are you a resident of that area? MR. WILLIAMS-No, a boater. COUNCILMAN MONAHAN-A sea wall seems to be the only way they can hold the property in place because the waves from the boats take it right out to the lake. KENNETH UHL-Rockhurst, Do we know where this line is going to be, is that all the way out the end of Rockhurst or how much further? SUPERVISOR WALTER-Not quite out to the end. PUBLIC SPEAKER-I heard that 1800 feet is not legal, you can go 1500 feet but not 1800 feet is that right? If you are drawing the line from Sandy Bay instead of going East and West from the south the 1500 or 1800 foot length, why can't you go from west to east or east to west? SUPERVISOR WALTER-Asked Mr. Fisher to share his map with the group and asked Mr. Kurosaka to measure with his engineering rule and give an answer. KENNETH UHL-I agree that the five miles an hour is probably too slow and a ten mile is more reasonable to eliminate the recent wakes, I agree with the Mooring Post that they are endangered at that end, the number of boats coming in, especially on weekends is almost outrageous and the speed they come in as well as the other side Warner Bay is probably twice as bad but it is wider. The overall concept of the size and speed of boats is another whole issue. COUNCILMAN KUROSAKA-Answered it was about 3/4 of the way out- COUNCILMAN MONTESI-1800 feet appears to be three quarters of the way up on the Rockhurst point. MR.UHL-Suggested taking it all the way out to the point instead of 3/4 of the way because they come around the point at Warner Bay at a dangerous speed turning the corner with a lot of traffic around that point...a lot of times you are not able to see around the point, with the docks that stands out into the Bay, it might be advantageous to move it all the way to the end of the Bay with ten miles an hour. COUNCILMAN MONAHAN-I haven't heard anybody comment on swimming...how free do you feel to go swimming in front of your own places on the weekends with these boats going in and out the way they do without being afraid of getting run over or your kids getting run over? SUPERVISOR WALTER-Does that relate to five miles an hour or ten miles an hour, I do not want to get into an issue of Sandy Bay because as the people have eluded to this evening that is a pretty wide ranging problem up there. COUNCILMAN MONAHAN-But it does have a bearing on the speed in which the boats come because if they come at a speed over which they are really under control. THOMAS VANSCOY-There is a boating ordinance that is 200 feet from shore you've got to be going less then ten miles an hour anyways. COUNCILMAN MONAHAN-But do they obey it? THOMAS VANSCOY-Sure they do, I would say most of the time I've seen them being obeyed I have had no problem with that. THOMAS SARGENT-I live within the five mile an hour buoys, Sandy Bay and I am totally in favor of moving those buoys out. The speed people reach going out of the Bay is totally ridiculously, too many boats going too fast, anything you can do to slow them down is good as far as I am concerned. What is the Town's liability concerning the activities that go on in that Bay? SUPERVISOR WALTER-The Town can deal with the highwater mark and then the bottom of the lake is owned by ENCON and referred to Counsel. TOWN COUNSEL-I don't believe the Town has any liability, it is not town land. THOMAS SARGENT-Aren't they responsible for regulating what goes on there? TOWN COUNSEL-They merely have the authority to. THOMAS SARGENT-If they do not exercise their authority aren't they being negligent? TOWN COUNSEL-That is one of the things that we are trying to do tonight...It is my understanding that when the town attempted to adopt a law regulating the 200 feet keeping boaters out of '— that area, that—and if you look at the town law any regulation like that has to be approved by ENCON... ENCON would not approve of it...again it goes to the greater issue what if anything... can the town do to address the problem that people are talking about in Sandy Bay. THOMAS SARGENT-Asked about the open container law in Queensbury, why isn't it supported in that bay? TOWN COUNSEL-It is my understanding that the town would have a real problem in attempting to enforce that type of legislation...I don't think the ordinance is supportable. SUPERVISOR WALTER-It is not part of ordinance #34. DR. FARHART-If they move the buoys out, there are going to be more boats in Sandy Bay anchored and it is going to create more of a problem. Another thing is this, in fact, if those buoys are moved out you can be assured our property is going to be worth less, because today I would not buy a place on Rockhurst or anyplace that faces Sandy Bay...as proof of that there is a place next door for sale and I was thinking about going in on it with one of my children and maybe see if they could buy it, no way now because I just feel if those buoys are moved out we are going to have boats right out front and we are going to have the same problem that the poor citizens have in the southern part of the Bay...and as far as sanitary conditions that's got to be deplorable...a couple of people won't even go in swimming. I go swimming and I really don't feel intimidated by the boats. LEE POTVIN-Cleverdale, I have been there probably twenty or twenty-five years and I do agree with the resolution...I think the buoys should be moved out...mainly you have never had a problem with tying a boat up to the dock...in the last three or four years there are so many post and you can sit there day after day and watch how it tears on the boats. The other day just outside the five mile buoy we saw a boat with six or seven kids, one by one jumped off the back then the guy came circling around and around...they must know when the sheriff leaves. I think maybe moving the buoys back there that might stop that problem. COUNCILMAN MONTESI-Is it the perceived notion that when you move the buoy, if it says five miles an hour out farther down the line, that that is a demarcation zone...is it not deeper that water and not as desirable being in the south part of Sandy Bay? LEE POTVIN-That would my feeling. DR. FARHART-Were the buoys moved out they would be right in front of my place. COUNCILMAN KU ROSA KA-Suggested handling the mooring of more boats as a separate item it may be created by moving the buoys but I think that is a separate problem not mentioned in the resolution. We as the Town Board ought to get together with the Town Attorney and study what we can do. COUNCILMAN MONAHAN-Perhaps, also solving that problem in cooperation with the Lake George Park Commission is going to have some teeth that they can use if the Governor signs the bill. PAUL MIDDLETON-I do have compassion for everyone else but I just want to make this statement by moving the five mile an hour buoys or ten mile whatever they end up being...further out into the Bay #1, I am going to be reducing the accessibility to my marina to the general public...so if anybody should be concerned about...first of all I consider myself a major sales tax revenue payers in Cleverdale, also one of the major employers in Cleverdale and I also have to maintain the responsibility of running a business and generate revenue...by moving those five mile an hour buoys, I will make my marina less desirable for people to speed in and out of. To make my point further safety factor is the main concern. COUNCILMAN MONAHAN-Mr. Middleton are you also a resident of Cleverdale area? 264 PAUL MIDDLETON-I live at Mooring Post Marina. COUNCILMAN MONTESI-Asked to have a show of hands both in favor of and opposed to the moving out of the buoys to the 1800 foot mark. SUPERVISOR WALTER-Let the record show that the more hands were in favor of then opposed to. COUNCILMAN KUROSAKA-Asked to have a show of hands in favor or opposed to the five or ten mile an hour. Five mile an hour was the majority. COUNCILMAN BORGOS-This whole Public Hearing started at the request from the Mooring Post Marina about the safety factor...I don't believe everyone is here because of that becas u e there are a lot of activities in Sandy Bay and we try to separate them for the hearing, probably in the open forum, I would be happy if people would stay around for awhile so we can get into some of those other things in more depth. As I look at this I see this is a public safety, public health, safety of the employees at the marina, I also see the issue of the quiet enjoyment of the private property. If you pay for property, you enjoy it, how far do your rights go. One speaker said we should go in favor of the majority, well if we had all the residents here, all the taxpayers here, maybe we would get a better education, we really don't have all the taxpayers here tonight. We've got definitely a big issue on our hands. I haven't seen anything pushing it one way or the other as far as this particular issue is concerned, because I don't think we've got enough data. I am not one who like to postpone decisions...but I am afraid if we say 1800 feet maybe it should be 1500 feet and we are going to have to live with 1800 and move it back and forth. I personally would like to delay for another week or two for more evidence to talk to the sheriff and find out maybe there is a broader solution to all these problems. COUNCILMAN MONAHAN-I would request if the Town Board Members aren't familiar with Sandy Bay that you take some time an go up particularly on Sunday. Unfortunately last Sunday I could only be there from about eleven in the morning until about 12:30 p.m. and I took pictures during that time and even during that short amount of time the number of boats that were coming in there and were lashing against together etc...other times driving by I thought if I were to jump on a boat I could walk across to the other shore on top of the boats. SUPERVISOR WALTER-Stated that all other statements would be made during open forum and asked for further input on Local Ordinance #34. MR. INGLES-I still believe that the law is 1500 feet. DR. FARHART-I am in favor with what Mr. Borgos said...need more data. DOT HALL-I would like to suggest you hold making an opinion tonight until after open forum because open forum is going to be a real eye opener. SUPERVISOR WALTER-We do not make any decision during a public hearing—what I generally do and will do for the public hearing this evening, after our printed agenda I would ask the Board if they are interested in taking any action on any item from the public hearing. MR. SARGENT-Asked if the town's jurisdiction stopped at the main highwater mark? SUPERVISOR WALTER-No, we have been able to get these local laws passed as far as speed is concerned and we have had success in having those enforced. There are other laws that we have had a problem with the Commissioner of ENCON. MR. SARGENT-Then this buoy ordinance is now an enforceable ordinance? SUPERVISOR WALTER-Yes. PUBLIC HEARING ON AMENDING #34 ORDINANCE CLOSED:9:12 P.M. SECOND PUBLIC HEARING: Regarding amending Local Law #1. NOTICE SHOWN SUPERVISOR WALTER-This local law has to do with authorized personnel serving parking violations summonses at the Aviation Mall. The amendment text to this local law would read a notice of violation hereunder may be served upon such violator by placing such notice on the windshield of the motor vehicle in violation and may be so served by any duly authorized officer or employee of the Town of Queensbury. We have two local laws this evening that pertains to the same thing, the second public will be a mirror of this and it will relate to the Northway Plaza. The first version of the local law we had specifically indicated who could issue these summonses which are for parking in fire lanes, parking in handicapped zones and the fine of which is going to be $25.00. The Town of Queensbury is going to take action on enforcing. We have had our own duly authorized officer, the parking tickets are in, we are going to be toughening up in various areas of the town. What you will be commenting on this evening is any duly authorized officer or employee of the Town of Queensbury...that is the change, it broadens who may serve those summonses. Asked for comments. WILLIAM BODENWEISER-I don't know what you are eluding to when we are stating employees of the town, are we going to hire other employees or are we referring to our Code Enforcement Officer? SUPERVISOR WALTER-No we broadened it up so we can authorize that being duly authorized and so I assume we will be using employees of the mall. It was so stated in the last and our judges felt that they preferred to see it written this other way. WILLIAM BODENWEISER-Which will incorporate our own Code Enforcement Officer? SUPERVISOR WALTER-Mr. Donovan is our duly authorized officer, we did that by resolution a couple of meetings ago and part of the resolution was that he would be enforcing the local laws in the Town of Queensbury. WILLIAM BODENWEISER-What I am concerned about is, are we going to authorize any of these people who work at the mall, either one of them, and are they going to go by name? SUPERVISOR WALTER-Yes some employees of the mall and they may not go by name, they are going to be duly authorized officer. COUNCILMAN KUROSAKA-The original local law says name of specific officer. SUPERVISOR WALTER-We are deleting the original wording. TOWN COUNSEL- If the Town Board chooses to have persons other than town employees serve this process, then the only legal way to do so would be to name a certain person who happened to be the manager of the mall as a public officer for purposes of servings summonses under this particular local law, no other purposes. WILLIAM BODENWEISER-I want to clarify as where we stand as law enforcement people so we don't misunderstand our position...I am talking about our Code Enforcement Officer.. SUPERVISOR WALTER-No, I don't think it is the purpose of the Town Board to have Code Enforcement Officers issuing parking tickets. The reason to authorize Mr. Donovan a couple of meeting ago was to take some of the burden off the Enforcement Officers. We had this reviewed by our judges and they are more comfortable with the wording. PUBLIC SPEAKER-Stated that the drivers of the handicapped people are not handicapped themselves in many cases and use the handicapped car to do their shopping taking up the space in the handicapped areas. SUPERVISOR WALTER-This is the reason why we have this local law so that we would be able...especially from the Aviation Mall and the Northway Plaza, they have indicated that there has been a terrible abuse of the handicapped parking. The Sheriff Department does issue tickets, they have admittedly said that this is not their top priority as they do not have that much road patrol and it was the decision of this Board to have a part-time officer in the town, he serves as a court officer, he handles some stuff in the Building and Codes Department and he will have the authority in helping out issuing these summonses. He will also be dealing with other parking laws in the Town of Queensbury that are already on the books. Another problem we have is parking in the fire lanes or parking in no-parking areas in the Town because the roads were narrow and the people were concerned about emergency vehicles going through. These are all the things that he will be able to address and we hope that once we have someone taking a look at this on a daily basis that it will give an indication to the public that we are very serious who should be parking where and who is in violation and it is going to be expensive. PUBLIC HEARING Amending Local Law #5 1987, re: parking summonses at Northway Plaza. NOTICE SHOWN SUPERVISOR WALTER-The wording in this local law has been amended to read "A Notice of Violation hereunder may be served upon such violator by placing such notice on the windshield of the motor vehicle in violation and may be so served by any duly authorized officer or employee of the Town of Queensbury. This now relates to Northway Plaza. Asked for public comment hearing none: 2f;(; PUBLIC HEARING CLOSED: 9:24 P.M. PUBLIC HEARING RE: New local law relating to no parking on the Corinth Road. NOTICE SHOWN SUPERVISOR WALTER-The local law establishes no parking on a portion of County Road 28 "no vehicle shall be parked or left standing on that portion of County Road #28, described as, southerly side of County Road #28 which is Corinth Road extending from interstate 87, Exit 18, northerly bound exit ramp easterly to Big Boom Road distance of 157 feet". We have received a letter from the Superintendent of Public Works, Warren County, Fred Austin who has indicated that he is in favor of establishing this local law. Asked for public comment. MR. BODENWEISER-Asked why was this local law proposed? SUPERVISOR WALTER-The law was proposed because the congestion at Exit 18 particularly with the large trucks and that there was safety factor added because of the visibility. MR. BODENWEISER-Good, now why don't we do this on the other side of the Northway, coming in with the new motel near McDonalds, you got a condition far worse there, with the roads even being smaller in that area and there is more open area on the East side to look around than there is on the west side, because of the Bridge. McDonalds being there, the trees are going to be kept there as a break between the motel and the highway. At this point if you are going to consider that you ought to consider the same condition on the other side and when that motel goes up we are going to have a real headache with parking in that area. I really think that ought to be considered before you pass this resolution. SUPERVISOR WALTER-We can take a look at that. COUNCILMAN KUROSAKA-From Pine Street to the Northway really ought to be no parking. Asked how the 157 feet originated? SUPERVISOR WALTER-This was brought forward to the Town Board by a gentlemen who has a business in the area and also received a letter from Mr. Austin and asked Mr. Borgos to respond to that. COUNCILMAN BORGOS-This particular circumstance was brought to our attention and it seem to be the appropriate thing to hold a public hearing...you are calling another situation to our attention and when we talked about this at the last meeting, we talked about the north side as well as the south side, it is not quite as bad there but I go along with George with taking a look at the whole stretch, anywhere near the Northway. I came off Exit 18 yesterday and am concerned with the visibility, the traffic and reaction times, but by going along with this particular one, we wouldn't say we wouldn't do another one. MR. BODENWEISER-It isn't easy to get this Board to make a decision, they've got a lot of time involved in all these things and I appreciate that; I am concerned, things don't come up that easy and while we've got it on the agenda... COUNCILMAN BORGOS-We can't do it. MR. BODENWEISER-I don't think you ought to pass on one and not on the other because one will drag the other with it then, otherwise the other thing will die and the situation is just bad enough that it is not going to change, and in the next few weeks, it is really going to get bad. COUNCILMAN BORGOS-We have go through an advertisement process, public hearing process among other things, so if we were not to pass this tonight that would postpone this corrective action until such time when we could incorporate it in another action. Soon as we can possibly do it we can go out and look at the circumstances and then propose another action that would take care of all the other. COUNCILMAN KUROSAKA-How do we get this started? COUNCILMAN BORGOS-We can start it after this public hearing, open forum or anywhere —� else. SUPERVISOR WALTER-Asked for further input on the local law establishing no parking on a portion of a county road. COUNCILMAN KUROSAKA-I had constituents call me at home about Pine Street out...They were complaining about trucks parking on both sides of the road. They park there and go into Convenient to get a cup of coffee, what they were doing was parking in front of what was the Copper Kettle, they park their truck there and walk into the truck stop to get a cup of coffee and that is what the problem is all along. The citizens are getting sick of it to and the business men are to. SUPERVISOR WALTER-Asked for further input from the public hearing none the public closed: 9:30 P.M. OPEN FORUM PAUL DAVIDSON-My wife and I wrote a letter to the Board July 14, I just carne here in person to respectfully request that you please consider our concern about our neighborhood on Pickle Hill Road. As you know we have had problems with the use of some of the property in the area but we are also concerned about the use of the road itself as a thoroughfare. It is not a road we believe should be used as a thoroughfare but attracts quite bit of pedestrian traffic because of the scenery and pond. It is hilly and its curvet' and there are many driveways and two access roads to the neighborhoods and I would really like to see some type of action on lowering the speed limit and weight. Also the Harris property...how is it being handled by employees of the town. The Town Highway Department has made some deliveries of fill and asphalt to the Harris property, I don't have any problems with that activity with the exception that the town is carrying on litigations with Mr. Harris and it seems by doing such type of business with Mr. Harris the town is in a way encouraging him and endorsing his operation at the same time taking legal action against him. I also made a request that from this point on that the Board consider instructing the Building Enforcement Department to inform the the Town Planning Board, the Board of Appeals and the Town Board and their attorneys of any permits requested given to Mr. Harris. We feel that in the past on two occasions the Building Department has handled applications improperly and that mishandling has unfairly cost us both financially and the quality life in our neighborhood. We feel the Building Enforcement Department should be held accountable in the future and they should get legal advisement from an attorney employed by the town before they make a decision and then they will be legally responsible who ever signs that permit. Its my understanding that the town employees who signs a building permit is not legally responsible for it. COUNCILMAN MONTESI-I did receive your letter, read it and discussed it with Betty Monahan who represents your area. I did have some concern and I spoke with Paul Naylor who is our elected Highway Official. You are right there some kind of communication problem and that problem existed...I was concerned about why the Highway Department might be providing I black top. Through the years up in the north country or the north part of our town when we did paving and ended up with a quarter of a truck or with some excess asphalt left at the end of the day, there has been a pit we used that is on the Harris property or ravine. That is where that particular black top went recently...it has been going there for the last ten or twelve years, the problem is that the Highway Department would not have done that had they known there is some pending litigation. No question that there is a communication problem...when I brought it to Paul's attention, he said that was something we had been doing and I said we better stop until we get things squared away. I am sorry that that appeared to be an iniquity on our part as it was not meant to be. SHERI CURNS-Stated that the number of boats using the bay has increased greatly over the years and have become loud, rude, party at greater lengths with greater depth and greater intensity into the night and early morning. The bay is the property of the State of New York and we who live there do not mind sharing the lake, the problem is we who live there and pay the taxes feel that we do have rights that normal property owners complain about in the city...if I parked my car in front of your house and whoopdi-doo till 4:00 a.m., you would be annoyed with reason and something would be done about it...but a lot of us feel that we are victims of circumstance which seem very ideal and yet are really quite unpleasant all summer long and because we pay, now, real good taxes, some benefits that most taxpayer take for granted should accrue to us and one of the things I think is really important, this should not just be a party place. I am addressing only one of the very many multi issues confronting the land owners. I would very much like to see some water enforcement and law to be enforced limiting the number of boats allowed to moor in the bay, overnight mooring altogether cast aside, a residential area is not the place. There is a lot of shore line, there is a lot of lake that doesn't have homes. j COUNCILMAN KUROSAKA-Do property owners moor boats themselves? SHERI CURNS-It is our legal prerogative to moor one boat in front of our property. COUNCILMAN KUROSAKA-Not that but transit. SHERI CURNS-Well, I wouldn't want somebody mooring a boat overnight and then hopping on the land and leave the boat sitting in the middle of the Bay...If buoys were issued and only permitted mooring for certain hours during the day, I think that would solve the problem. COUNCILMAN KUROSAKA-You mean public mooring. SHERI CURNS-Yes, and limit them, if we do get these laws through we need enforcement. COUNCILMAN KUROSAKA-What time of the day does most of the action go on up there in the evening? SHERI CURNS-Yes, there are two separate divisions, there is the day division and about dinner time and then the evening traffic usually comes in after dark and I will say in all honesty that a lot of the boaters are courtesy, they are concerned for the lake and they are not the problems. If you come any weekend evenings, you can hear the boater carrying on after your bedtime. There was a live band down in Sandy Bay, like a parasail boat and the band played hideously for hours...it was not legal and they were expelled, then went up Paradise Bay this past weekend and put money buckets all over the boat. MR. INGLES-Mr. Mathias wrote me somewhat more than a year ago that this Board was on the verge of writing a comprehensive boat law and your time is almost up. I think the big problem is wakes and the wakes do not arise on sea walls, they come from boats and when you are doing this comprehensive boat law, I ask you to consider that...there are lake boats good for lakes, there are ocean boats designed to be on oceans and I ask you to not permit ocean boats, with ocean wakes on the lake. DOT HALL-I think we know all the problems of Sandy Bay, however, all of it isn't just Sandy Bay, they are selling bigger and better and louder boats coming into all the bays at outrageous speed, washing our sea walls, bumping our boats so that we must move all the time to keep track of lines and post that they are not torn up. We also have the skiers in all the bays and I am not against skiers, I am against the skiers that come in and wash our docks and bounce our boats. I feel the speed limit needs to be done in all the bays as well as the noise, pollution and open container problems. The Kattskill Bay Association told us that our problem is that they don't have enough law to hang their hat on to take care of the problem within the bay, they are doing the best they can. Noted that the sheriff's boat is equipped to be either an ambulance, police boat or a fire boat. Patrol boats up to this point don't have any real teeth they can't issue tickets, stated that she thought there was some legislation in front of Governor Cuomo to get people some teeth so they can act when they have some irregularities that needs to be taken care of, the whole issue has to be addressed not just speed. 1 SUPERVISOR WALTER-You people who live on Lake George are aware that you are asking us to limit the boats, because there are so many going into the bays...I am sure you are aware that Warren County spends a portion of their tourism budget on going to boat shows and enticing more boats to come to Lake George and if you are not aware of that you ought to be, there are a lot of forces that are not necessarily working in sink together as far as the situation is on Lake George. COUNCILMAN MONAHAN-Stated that it would be a good idea for the people to show up at the Board of Supervisors meeting and suggest to them not to encourage so many boats on Lake George...Noted that they should focus on some other areas. COUNCILMAN BORGOS-My insight of the information is that not all the people causing the problems are not from out the area, I believe that many people are residents of Glens Falls and Queensbury. COUNCILMAN MONAHAN-Noted that while that was true the emphases is in advertising to get more and more people to use the lake whether they live here or not...maybe we've got to change the ethics and find other ways to use the Tourism Department. COUNCILMAN BORGOS-I don't think necessarily having more people come, causes the problem so much as the lack of courtesy and the lack of respect for that lake and lack of respect for laws and other things... Also if putting on more deputies, will help then lets do it, if people --` know they are going to get hit with fines, I think that will clean it up very quickly. COUNCILMAN MONAHAN-You've got a situation up there with a little bit of mob rule. 9 COUNCILMAN KUROSAKA-Stated that teenagers have to take boating courses but adults can buy and run any kind of boat, and that is basically one of the problems. MR. BODE NWEISER-Noted that the only reason the local laws on no parking in handicapped zones, fire lanes etc was brought up was the fact that these two malls requested it and it has to be requested before the Town can enforce this law. SUPERVISOR WALTER-That is true there were requests from those particular areas. We did send out after hearing from the Aviation Mall to the other malls, asking if they wanted 2(;9 to be part of the local laws and the only mall we heard back from was Northway Plaza. DOT HALL-Asked if there was anything being done about our restroom situation at the marina? SUPERVISOR WALTER-To answer your question we did correspond with ENCON who has jurisdiction over the marinas and brought the situation to their attention in a written document and I don't know whether they have followed up on it or not. DOT HALL-Nothing has happened so I assume they haven't followed up. Everybody else has rules and regulations they have to operate under but he is allowed to operate. COUNCILMAN MONAHAN-That is our point why isn't ENCON enforcing their permit and why aren't they enforcing the parking regulations. The other day I counted 25 cars parked, I would like an explanation of that. DOT HALL-He has a lease for twelve. COUNCILMAN MONAHAN-He has an illegal lease, he was told he could not do that it is illegal use of the property. COUNCILMAN MONTESI-Asked who rented it to him, a neighbor? DOT HALL-Yes, what has been decided about the launching ramp anything? He leases his launching ramp to boats by George. COUNCILMAN MONTESI-He said that was a temporary situation, how can a neighbor even conceive of opening the door by renting some property to this guy with all that's going on. DOT HALL-Rumor has it that together they are going to build a storage barn for boats. SUPERVISOR WALTER-We do have litigation going there and we will check out the other things to see what action has been taken but they have been notified. FOUR MINUTE RECESS -10:05 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 220, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the Town Board Minutes of July 14, 1987 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO TRANSFER FUW$S RESOLUTION NO. 221, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos: RESOLVED, to transfer: $38,500.00 from A3310599 to A2258020472 for consultant fee per Resolution NO. 205 of 1987, $25,000.00 from H263310599 to H261658540300 for Dixon Road Drainage Project, I— $4,000.00 from J12658160469 to J12658160468 for Loader repairs and maintenance, $5,000.00 from A1451620450 to A1451620202 for purchase of truck. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None 270 Absent: None RESOLUTION IN THE MATTER OF THE ESTABLISHMENT OF A SEWER DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK TO BE KNOWN AS THE TECHNICAL PARK SEWER DISTRICT IN SAID TOWN RESOLUTION NO. 222 , Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York, has heretofore duly caused a general map, plan and report to be prepared by a competent engineer, duly licensed by the State of New York, which have been filed in the Office of the Town Clerk of said Town in relation to the establishment of a proposed sewer district in said Town, to be known as the Technical Park Sewer District, and WHEREAS, an order was duly adopted by said Town Board on the 9th day of June, 1987, reciting a description of the boundaries of said proposed sewer district, the improvements proposed therefore, the maximum amount proposed to be expended for said improvements, the proposed method of financing to be employed the fact that no Town funds would be expended for the improvement the fact that said map, plan and report were on file in the Town Clerk's Office for public inspection and specifying the 23rd day of June, 1987 at 7:30 o'clock p.m., prevailing time, at the Queensbury Town Office Building, Bay & Haviland Roads, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same; and WHEREAS, such order was duly published and posted in the manner and within the time prescribed by Section 209-d of the Town Law and proof of such publication and posting has been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid, at which time all persons desiring to be heard were duly heard; and WHEREAS, following public hearing, and upon the evidence given thereat and upon the general map, plan and report along with the notice of Determination of Non-Significance which the Town Board had caused to be prepared in accordance with the requirements of the State Environmental Quality Review Act concerning the establishment of the proposed Technical Park Sewer District - and the construction of the improvements proposed thereof, the Town Board duly adopted resolutions establishing lead agency and making a determination of no significant environmental impact of the proposed sewer district and the construction of the improvements thereof; and —" WHEREAS, following said public hearing, said Town Board also duly adopted a resolution approving the establishment of said sewer district and the construction of the improvements proposed thereof, said resolution expressly providing that it was subject to a permissive referendum as provided by Section 298-e of the Town Law; and WHEREAS, after the expiration of the time for filing as petition requesting that the matter be submitted to a referendum of the eligible voters of the proposed district, the Town Clerk duly filed in the Office of the Warren County Clerk, a certificate stating that no petition requesting that the matter be submitted to a referendum had been filed with the Town Clerk; and WHEREAS, permission of the State Comptroller is not required because financing of the district will not occur on the issuance of bonds as evidence of..ipdebtedness of said Town, now, therefore, it is hereby ORDERED, by the Town Board of the Town of Queensbury, Warren County, New York, as follows: SECTION 1. A sewer district in the Town of Queensbury, Warren County, New York, to be known as the Technical Park Sewer District, is hereby established in accordance with the aforesaid order of the Town Board and is bounded and described as set forth in Schedule "A" attached hereto and made a part hereof. SECTION 2. The improvements proposed for said sewer district consisting of the constructio of a sewer system to serve said district including original furnishings, equipment, or apparatus, required in connection therewith, all as more fully described in the map, plan and report prepared in connection therewith, is hereby authorized and approved. The maximum amount to be expended for such improvement is estimated to be Two Hundred Thousand Dollars ($200,000.00). The entire cost of said improvement shall be paid by Queensbury Economic Development Corporation. The cost and expenses of that portion of the cost of the existing capital improvements of the Quaker Road Sewer District shall be payable in the forest instance from the several lots and parcels of land within the Technical Park Sewer District which the Town Board of said Town shall determine and specify to be especially benefited thereby in the manner prescribed by subdivision 2 of Section 202 of the Town Law. SECTION 3. The Town Clerk is hereby authorized and directed to cause a certified copy of this order to be duly recorded in the Office of the Clerk of Warren County, New York, within ten (10) days after the adoption of this order by this Town Board and to file a certified copy thereof within that time in the Office of the State Department of Audit and Control, in Albany, New York, both pursuant to Subdivision 1 of Section' 209-g of the Town Law. When so recorded, such order shall be presumptive evidence of the regularity of the proceedings for the establishment of said Technical Park Sewer district of the proceedings instituted for the construction of the improvements hereinbefore described and of all other action taken by said Town Board in relation thereto. SECTION 4. This order shall take effect immediately. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SCHEDULE "A" All that piece of unimproved land located in the Town of Queensbury, Warren County, New York and described as follows: All that certain piece or parcel of land situated, lying and being in the Town of Quensbury, County of Warren, and the State of New York, more particularly bounded and described as follows: BEGINNING at an iron rod set in the ground in the northerly bounds of the lands owned by Niagara Mohawk Power Corporation as a transmission line where the easterly corporation line of the City of Glens Falls intersects; running thence north 07 degrees and 29 minutes East along the City corporation line, a distance of 1450.77 feet to the southerly bounds of the lands leased by Normandy T.V. Cable Company; thence running South 82 degrees and 31 minutes East along said southerly bounds, a distance of 201.65 feet to the southeast corner of said leased lot; thence running North 07 degrees and 29 minutes East along the easterly bounds thereof, a distance of 310.03 feet to the southerly bounds of Dix Avenue; thence running South 64 degrees, 24 minutes and 42 seconds East along the southerly bounds of Dix Avenue, distance of 1207.91 feet to a fence post for a corner of the northwest corner of the lands of P.A. Sullivan Estates; thence running South 08 degrees, 35 minutes and 28 seconds West along said P.A. Sullivan Estates, a distance of 821.94 feet to an iron rod set in the northerly bounds of the land of Niagara Mohawk Power Corporation; thence running southwesterly along the bounds of said Power Corporation the following four courses and distance: (1) South 74 degrees, 34 minutes and 33 seconds West, distance of 1011.74 feet to an iron rod set in the ground for a corner; (2) North 85 degrees, 21 minutes and 27 seconds West, a distance of 42.75 feet to an iron road set in the ground for a corner; (3) South 07 degrees, 28 minutes and 33 seconds West, a distance of 15.92 feet to an iron rod set in the ground for a corner; (4) South 74 degrees, 34 minutes and 33 seconds West, a distance of 389.97 feet to the point and place of beginning, containing 39.185 acres of land, be the same more or less. BID OPENING-Contract #4 Bay and Cronin Road Sanitary Sewer-Opened Thursday, July 9, 1987 Anjo Construction, Ltd. P.O. Box 244, Latham, New York Bid Bond 5% Non Collusive Attached Total Bid $1,698,103.00 Joseph R. Wunderlich, Inc. P.O. Box 245, Latham, N.Y. Bid Bond 5% Non Collusive Attached Total Bid $1,253,217.50 Schultz Construction, Inc. Pine Crest Eleven Industrial Park, P.O. Box 417 Round Lake Road, Round Lake, N.Y. 12151 Bid Bond 5% Non Collusive Attached $1,387,000.0 LTR. Kestner Engineers-Recommending that the bid be awarded to Joseph R. Wunderlich...on file RESOLUTION TO ACCEPT BID 2'72 RESOLUTION NO. 223, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, Quentin T. Kestner, P.E., of Kestner Engineers did recommend that we advertise for bids for Contract No. 4 Bay and Cronin Road Sanitary Sewers and WHEREAS, three bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen Dougher and WHEREAS, Mr. Kestner, has recommended the bid be awarded to Joseph R, Wunderlich, Inc. of Latham New York, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of Joseph R. Wunderlich Inc. of Latham, New York in the amount of $1,253,217.50 and be it further RESOLVED, that the financing for such work will be financed through bonds. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO ACCEPT REPORT RESOLUTION NO. 224, Introduced by Mr. Stephen Borgos who moved for its adoption seconded seconded by Mrs. Betty Monahan. WHEREAS, the Town Board retained a consultant to review the Fire Defenses in the Town of Queensbury, and WHEREAS, the Consultant's Report has been completed, NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby acknowledges receipt of the report of Proper's Fire Tech Associates, Inc. and directs a copy to be placed on file with the Town Clerk. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None COUNCILMAN BORGOS-I was delighted with the response of the press, four different media sources contacted me directly, three of them praised the quality of the release, and I must give credit to Mrs. Oudekerk who wrote the releases, I hope to see more of these kind of releases of this nature. Noted: That it is a detailed report and will be available in the Town Clerk's Office for anyone who is interested in seeing it. RESOLUTION TO AUTHORIZE TOWN JUSTICE TO PRESIDE IN TOWN OF CHESTER COURT RESOLUTION NO.225, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, J. David Little has been assigned to hear a matter in the Town of Chester Court and, WHEREAS, the Town of Chester has requested approval of the Town of Queensbury to permit _ a Queensbury Justice to travel another Town Court, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board has no objection to this request and approves Justice Little's leaving this municipality to hear a matter in the Chester Town Court Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION OF TOWN BOARD OF TOWN OF QUEENSBURY TO SET PUBLIC HEARING ON PROPOSED AMENDMENTS TO ORDINANCE NUMBER 28 RESOLUTION NO. 226, Introduced by Mr. Ronald Montesi, who moved for its adoption seconded by Mr. George Kurosaka. 1 WHEREAS, the Town Board of the Town of Queensbury, has been petitioned by the residents of Garrison Road to consider certain amendments to provisions contained in Ordinance Number 28 to eliminate Garrison Road as a through highway and to provide a stop intersection at the intersection of Garrison Road and North Road, and WHEREAS, the proposed amendments to Ordinance Number 28 have been prepared and are annexed hereto, and WHEREAS, the proposed amendments are worthy of consideration for legislative action, NOW, THEREFORE BE IT RESOLVED, that a public hearing be held concerning the adoption of the proposed amendments to Ordinance Number 28 and that the public hearing be held at 7:30 P.M. in the meeting room of the Town of Queensbury Office Building at Bay and Haviland Roads in Queensbury on August 11, 1987, at which time all persons interested in the subject will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be hereby authorized and directed to publish and provide such notice of the hearing as may be required by law. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Ordinance Number 28 Amendment Section 1. Delete Garrison Road form Route 9 to Bay Road as a through highway. Section 2. Add as a stop intersection the intersection of Garrison Road and North Road is hereby designated a stop intersection and stop signs shall be erected on Garrison Road at its entrance to said intersection from the east and west and on North Road at its entrance to said intersection from the north and south. Section 3. This Amendment shall take effect 10 days after its publication, posting and compliance with Section 1683 (a) of the Vehicle and Traffic Law. RESOLUTION TO AUTHORZIE SUPERVISOR TO SIGN CONTRACT RESOLUTION NO.227, Introduced by Mrs. Betty Monahan who moved for the adoption seconded by Mr. Ronald Montesi. RESOLVED, that Supervisor Frances J. Walter is hereby authorized to sign an agreement between the Town of Queensbury and Frederick J. Holman Associates of Rochester, New York per Resolution 205 of 1987 in a form approved by Town Counsel Wilson Mathias. Duly adopted by the following vote: 2'74 Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION AUTHORIZING SETTLEMENT OF LITIGATION RESOLUTION NO. 228, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, on or about October 26, 1979 the Town was notified by representatives of the State of New York of the presence of alleged oil spill near the Town of Queensbury Highway garage, i and _1 WHEREAS, pursuant to Article 12 of the Navigation Law, state funds have been expended to remove and mitigate the oil, and WHEREAS, the Town is strictly liable, without regard to fault for all clean-up expenses, and WHEREAS, the State of New York through the Attorney General's Office has agreed to accept $8,537.25 in full settlement of all claims against the Town, and WHEREAS, upon the advice of Wilson S. Mathias, Counsel to the Board the Town Board determines that the settlement offer is fair and reasonable. NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury shall settle the above described litigation upon the payment of the sum of $8,537.25 in full satisfaction of all liability under the Navigation Law for such spill. Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None i Absent: None RESOLUTION AUTHORIZING ACQUISITION OF ADDITIONAL CEMETERY LAND AND IMPROVEME1 RESOLUTION NO. 229, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi WHEREAS, the Town Law authorizes the acquisition of land and improvements for cemetery purposes, and WHEREAS, the Town of Queensbury Cemetery Commission has recommended that the Town acquire certain lands and improvements adjoining Pine View Cemetery, owned by Sciota Corporation (formerly known as Regan & Denny Funeral Service, Inc.), upon which a crematory is located and operated, and WHEREAS, the Town Board finds that it is necessary and advisable to acquire the additional land and improvement in order to accommodate the increased number of requests for cremation services, and WHEREAS, the cost of acquisitions of such land and improvements shall be financed pursuant to the provisions of Section 35.00 (b) (1) (Cl) of the Local Finance Law by the issuance of a statutory installment with a bond maturity of not more than 5 years to be measured from the date of the bond, NOW, THEREFORE BE IT RESOLVED, that the Supervisor is hereby authorized to execute the annexed contract for the acquisition of lands adjoining Pine View Cemetery and it is FURTHER RESOLVED, that such acquisition shall be financed in accordance with section 35.00 (b) (1) (1) of the Local Finance Law. Duly adopted by the following vote: 2!75 Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Abstain: Mr. Borgos RESOLUTION TO ADOPT INVESTMENT POLICY RESOLUTION NO.230, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mrs. Betty Monahan. WHEREAS, the State Comptroller has determined that all political subdivisions must have an investment policy intact, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the attached policy. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Investment Policies and Guidelines of the Town of Queensbury to be found on page RESOLUTION FOR CERTIFYING COMPLETION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT BY EARLTOWN*S PLANNED UNIT DEVELOPMENT AND ESTABLISHMENT OF PUBLIC HEARING. RESOLUTION NO.231, Introduced by Mr. Ronald Montesi who moved its adoption, seconded by Mr. Stephen Borgos. WHEREAS, Earltown sponsor of Quaker Ridge Development has submitted a Planned Unit Development Application to the Town of Queensbury and subsequently the Town Board referred the PUD application to the Town of Queensbury Planning Board, and WHEREAS, the Town Board of the Town of Queensbury was designated Lead Agency of this project, and WHEREAS, the Town of Queensbury Planning Board and the Queensbury Town Board concurred in requesting that a Draft Environmental Impact Statement be undertaken by the Project Sponsor, and WHEREAS, a Public Scoping Session was conducted by Queensbury Town Board pertaining to the Draft Environmental Impact Statement of Quaker Ridge Planned Unit Development, and WHEREAS, it is deemed prudent and advisable to establish a time frame for all interested parties to have a fair and ample opportunity to review the necessary PUD Application and the Draft Environmental Impact Statement and comment period, and WHEREAS, Earltown the Project Sponsor has agreed to a scheduling and extension of times so that the Draft Environmental Impact Statement and Planned Unit Development procedure coincide with one another, so that concurrent hearings can be scheduled, and WHEREAS, the Town of Queensbury has retained the engineering firm of Environmental Design Partnership of Clifton Park, to review and comment on the Draft Environmental Impact Statement prepared by Earltown for the Quaker Ridge Project, and i' WHEREAS, Environmental Deisign Partnership upon review of the Draft Environmental Impact -- Statement recommends to the Town Board, to accept the Draft Environmental Impact Statement as complete for purposes of attaining the next step in the New York State Environmental Quality Review act, and WHEREAS, the Town Board has*informed the attorney for Earltown that additional information regarding the mitigation of the loss of wetlands and cumulative impacts of the project on the water, sewer, and road infrastructure will be required by the Lead Agency, and THEREFORE, BE IT RESOLVED, that the Town of Queensbury Town Board for purposes of 2'76 Article 15 of the Zoning Ordinance deem the PUD Application complete, for purposes of conducting a Public Hearing pursuant to Article 15, and be it further RESOLVED, that the Town of Queensbury Town Board hereby accepts the Draft Environmental Impact Statement prepared by the Project Sponsor as complete, so that a Public Hearing may be held concurrently with Article 15 Public Hearing, and be it further RESOLVED, that a Public Hearing pursuant to Article 15 of the Town of Queensbury Zoning Ordinance for Planned Unit Development and the Public Hearing on the Draft Environmental Impact Statement be established as Wednesday, September 2, 1987 at 6:00 p.m. at the Town of Queensbury Town Hall, Bay and Haviland Roads, Queensbury, New York, and be it further RESOLVED, that the Town of Queensbury Town Board allow public comments until September 30, 1987, and be it further RESOLVED, that copies of this Draft Environmental Impact Statement may be reviewed at the Queensbury Town Hall, Bay at Haviland, during business hours; Adirondack Community College Library during business hours and Crandall Library City of Glens Falls during business hours, and be it further RESOLVED, that a Notice of Public Hearing on Article 15 and the Draft Environmental Impact Statement and a notice of completion of the Draft Environmental Impact Statement be prepared and published in the Glens Falls Post Star on August 5, and August 12, 1987. Duly adopted by the following vote: Ayes: Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Abstain: Mr. Kurosaka DISCUSSION BEFORE VOTE COUNCILMAN KUROSAKA-Asked if we were spending public money on this public hearing? TOWN COUNSEL-Stated that in terms of expenditure of public funds both the PUD ordinance and the SEQRA regulations provide that the town can charge certain monies back to the develope COUNCILMAN KUROSAKA-Well we would be wasting his money also. COUNCILMAN MONTESI-Any developer has the right to be heard in our town , simply because you view this development as a destruction of a wetland does not mean the other four other board members here view it in the same scope. Stated that we are asking for input from the public when we ask for a public hearing. SUPERVISOR WALTER-As part of the record I will read from Environmental Design...As per our agreement to serve consultants of review of the Environmental Impact Statement DEIS and FEIS prepared for the Quaker Ridge project we offer the following: The Earltown Corporation submitted the DEIS for Quaker Ridge to our office in Clifton Park on July 17, 1987. This document consist of volume I project narrative in volumes II and III Technical data and reports and follows the recommended SEQRA format for DEIS presentation. We have reviewed these documents on the basis of acceptance as a complete DEIS and find that the conditions to be met as stated in part, 617 State Environmental Quality Review and part B four of the SEQRA handbook have been satisfied. Based on our review we are determined that the Quaker Ridge DEIS is adequate in terms of both of scope and content so as to proceed with the public review and comment period. It is our recommendation that this DEIS is adequate and complete and should be accepted with such a notice of completion issued by the Town Board. Please note that the acceptance of this document as an adequate and complete DEIS is the initial step in the process of public review, while this action does acknowledge that significant issues impacted by the project have been addressed to some degree, it does not preclude that the Town Board or general public from requesting additional information and detail. It certainly is expected that the sensitive - { issues ie, wetland, sewer, water, traffic will be closely reviewed and commented and the thorougl ps of the material presented thus far in the DEIS will be questioned. The notice of completion will begin the process of the DEIS and requesting additional information as needed. It is with that understanding of the SEQRA process that we make this recommendation...In reading that I determined that this isn't the end...this is really the beginning. COUNCILMAN BORGOS-Stated that he came to the meeting tonight expecting to pass a resolution for a public hearing on Earltown project. SUPERVISOR WALTER-Stated that she had given the Board a tentative calendar as far as PUD projects and Earltown indicated that they would file their DEIS the week of 13th and that the Town Board would take action on the DEIS on the meeting of July 28, 1987. Also designated that the Town Board is Lead Agency and not any other Board of Queensbury. SUPERVISOR WALTER-Asked the Town Board if they wanted to take action on Ordinance #34? COUNCILMAN BORGOS-I don't think we know based on the evidence we have tonight, if 1800 feet is correct or 1500. I would much rather talk with the sheriff and get some more information. Stated that he would like to hold it for a week or so. I hate to make conditions worse by going the 1800 feet. COUNCILMAN KUROSAKA-I think some action is better than no action at all. COUNCILMAN BORGOS-A number of people who live up there said it might make it worse and I don't want to make it worse. Suggested one of the Board members call the Sheriff -- and get a report and maybe work with ENCON and State Police. COUNCILMAN MONAHAN-I would ask all the members to take a look up there over the weekend and see what it is like, because I think you ought to see what it is like not only in Sandy Bay but some of the land area adjacent to it regarding things that are going on... Asked if the Town can legally limit the number of boats that can be moored in the bay? TOWN COUNSEL-Yes, The municipal home law gives the Town the authority to make certain kinds of regulations, whether those regulations can be drafted to conform to a criminal type of constitutional arguments...how do you define wakes...there are certain areas that the town can regulate. COUNCILMAN MONAHAN-Asked if they could work out a method like a camping site, when the space is filled you can't get a permit to park. COUNCILMAN BORGOS-Because campsites are owned by the State and they make the decisions the water is owned by whom. COUNCILMAN MONAHAN-Stated that the size of the boats should be regulated also because that is also part of the problem. i SUPERVISOR WALTER-Stated that no action would be taken for another week or so. COUNCILMAN MONAHAN-I request everybody make a personal visit up there. RESOLUTION APPROVING LOCAL LAW NUMBER 7, 1987 ENTITLED A LOCAL LAW AMENDING LOCAL LAW NO. 1 OF 1987 TO AUTHORIZE PERSONNEL OF AVIATION MALL TO SERVE PARKING VIOLATIONS SUMMONSES IN NON PARKING AREAS OF SAID SHOPPING CENTER RESOLUTION NO. 232, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury proposed a Local Law to amend Local Law No. 1 of 1987 and WHEREAS, the Town Board set a public hearing on July 28, 1987 at 7:30 P.M. on such a proposal and WHEREAS, the Public Hearing was held at the specific time and place and all interested parties were heard on the proposed Local Law, NOW, THEREFORE BE IT RESOLVED, that the Local Law entitled "A LOCAL LAW AMENDING LOCAL LAW NO. 1 of 1987 TO AUTHORIZE PERSONNEL OF AVIATION MALL TO SERVE PARKING VIOLATIONS SUMMONSES IN NON PARKING AREAS OF SAID SHOPPING CENTER, be and hereby is approved. Duly adopted by the following vote: I Ayes: Mr. Kurosaka, Mr. Brogos, Mr. Montesi, Mrs. Walter Noes: Mrs. Monahan Absent: None LOCAL LAW # 7 A LOCAL LAW AMENDING LOCAL LAW NO. 1 of 1987 278 8 TO AUTHORIZE PERSONNEL OF AVIATION MALL TO SERVE PARKING VIOLATIONS SUMMONSES IN NON PARKING AREAS OF SAID SHOPPING CENTER Text of Amendment as follows: July 28, 1987 Paragraph 2 of Section 4 of Local Law Number 1, 1987 " A notice of violation hereunder may be served upon such violator by placing such notice on the windshield of the motor vehicle in violation and may be so served by any duly authorized officer or employee of the Town of Queensbury. DISCUSSION BEFORE VOTE: COUNCILMAN MONAHAN-Stated that she had a problem with making someone that the town _ does not hire and not responsible for their disposition or their actions, but in hiring them we are responsible for their actions when we make them duly authorized officer employees...I am not talking about Mr. Donovan, I am talking about the employees of the mall. I think it — is going to open the town up to a lot of legal liability where we have no control over their actions. COUNCILMAN BORGOS-Asked if it were possible to have any kind of hold harmless agreement with them. TOWN COUNSEL-Not that it would make any difference to the third party. RESOLUTION APPROVING LOCAL LAW #8 OF 1987 ENTITLED A LOCAL LAW AMENDING LOCAL LAW NO.5, 1987 TO AUTHORIZE PERSONNEL OF NORTHWAY PLAZA TO SERVE PARKING VIOLATIONS SUMMONSES IN NON PARKING AREAS IN SAID SHOPPING CENTER RESOLUTION NO.233, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. WHEREAS, the Town Board proposed an amendment to Local Law No. 5, 1987 of Northway Plaza to serve parking violations summonses in non-parking areas in said shopping center and, WHEREAS, the Town Board set a public hearing on July 28, 1987 at 7:30 p.m. on such a proposal, and be it further WHEREAS, that the public hearing was held at the specified time and place and all interested parties were heard on the proposed local law, NOW, THEREFORE BE IT -- RESOLVED, that the Town Board of the Town of Queensbury hereby accepts Local Law 8 entitled "A LOCAL LAW AMENDING LOCAL LAW NUMBER 5 OF 1987 TO AUTHORIZE PERSONNEL OF NORTHWAY PLAZA TO SERVE PARKING VIOLATIONS SUMMONSES IN NON PARKING AREAS IN SAID SHOPPING CENTER, be and hereby approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Walter Noes: Mrs. Monahan Absent: None LOCAL LAW NUMBER 8, 1987 A LOCAL LAW AMENDING LOCAL LAW Number 5 of 1987 TO AUTHORIZE PERSONNEL OF NORTHWAY PLAZA TO SERVE PARKING VIOLATIONS SUMMONSES IN NON PARKING AREAS IN SAID SHOPPING CENTER Test of Amendment as follows: July 28, 1987 Paragraph 2 of Section 3 of the Local law Number 5 of 1987 it A Notice of Violation hereunder may be served upon such violator by placing such notice on the windshield of the motor vehicle in violation and may be so served by and duly authorized officer or employee of the Town of Queensbury". RESOLUTION TO APPROVE PROPOSED LOCAL LAW ESTABLISHING NO-PARKING REGULATIONS ON A PORTION OF COUNTY ROAD 28 RESOLUTION NO. 234, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka w �r WHEREAS, the Town Board of the Town of Queensbury have received requests to establish a No-Parking zone on a portion of County Road 28, and WHEREAS, a public hearing duly published in accordance with the law by the Town Clerk was held on June 23, 1987, at 7:30 P.M. at the Queensbury Town Office Building at which time all persons were heard both in favor of and opposed to said law, NOW, THERERFORE BE IT RESOLVED, that local law entitled "A LOCAL LAW ESTABLISHING NO-PARKING REGULATIONS ON A PORTION OF COUNTY ROAD 28 Duly adopted by the following vote: LOCAL LAW NUMBER 9 OF 1987 A LOCAL LAW ESTABLISHING NO-PARKING REGULATIONS ON A PORTION OF COUNTY ROAD 28 SECTION 1. For the purpose of this Local Law, the words, "vehicle", 'owner", "parked", "standing" shall have the meaning defined in the Vehicle and Traffic Law of the State of New York. SECTION 2. No vehicle shall be parked or left standing on that portion of the County Road 28 described as "southerly side of County road 28 (Corinth Road) extending from the Interstate 87 northerly bound exit ramp, easterly to Big Boom Road, 157 feet. SECTION 3. Any person violating any provision of Section 2 of Local Law shall upon conviction be 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 aforesaid 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 4. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. COMMUNICATIONS BID OPENING One New Vehicle (car)- Fire Marshal, Bid Opening July 28th, 1987 at 2:00 P.M. Ross Truck Center 1987 Renault Alliance without 9,296.00 Granville, N.Y. 12832 Non Col. Attached 8,996.00 Quinn Chevrolet 1987 Cavalier Chev. Poughkeepsie, N.Y. Non Col. Attached without 99863.50 Dick Dayly's Chrysler 1987 Dodge Shadow without 9,997.85 Div. of Ford Garage, G.F. N.Y. 12801 Non-Col. Attached with 99547.85 NO ACTION TAKEN DISCUSSION HELD SUPERVISOR WALTER-Asked if the Renault could be compared in the Highway Department? COUNCILMAN BORGOS-Noted that it was 1.7 liter engine compared to the dodge which is a little bit higher 2.2 for a $100.00 more. I would feel a little more comfortable with a 2.2 the Dodge Shadow. SUPERVISOR WALTER-Asked who was going to review these bids? TOWN CLERK-The Fire Marshall will, we do not have his recommendations as yet. SUPERVISOR WALTER-Asked how come we had a chevrolet dealer out of Poughkeepsie and not local? TOWN CLERK-The Chevy dealer called and they did not have anything on the computer that would match what we required. They would like to wait till later for the 1988 models and the Ford dealer gave the same answer. Ltr., Department of Transportation- Order change 45 MPH Route 9L, SH 1869, between RM1122 and RM 1145.7+, a distance of 2.37+ miles. 280 Ltr., I-107 FM WAYI Run - Northway Broadcasting Inc. RESOLUTION TO CONDUCT RACE RESOLUTION NO. 235, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the I-107 FM Northway Broadcasting Inc. has requested permission to conduct a RUN FOR YOUTH as follows: SPONSOR: I-107FM Northway Broadcasting Inc. of Glens Falls, N.Y. EVENT: RUN FOR YOUTH DATE: August 30, 1987 8:00 A.M. - 11:00 A.M. PLACE: Town of Queensbury portions of Bay Road, Meadowbrook Road, Cronin Road and Haviland Roads and WHEREAS, I-107 F.M. has presented the Town Board with proof of insurance and named the Town of Queensbury as an insured, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby gives permission to Northway Broadcasting Inc. I-107 F.M. to hold a RUN FOR YOUTH on August 30, 1987 in the Town of Queensbury, and be it further RESOLVED, that the Town Clerk be directed to notify the Warren County Sheriff's Dept. of such an event. Duly adopted by he following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None DISCUSSION HELD-It was suggested that the Town Clerk notify the Sheriff's Department of the upcoming race and let them know the Town Board has approved it. RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO.236, Introduced by Mr. George Kurosaka, who moved for its adoption, seconded by Mr. Ronald Montesi. RESOLVED, that Audit of Bills as appears on Abstract and numbered 2698 and totaling $3386.00 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.237, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. Ronald Montesi. i RESOLVED, that the Town Board hereby moves into executive session to discuss land acquisitions.. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None `81 Absent: None RESOLUTION TO RECONVENE RESOLUTION NO. 238, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka, RESOLVED, that the Town Board moves back into regular session. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. M onahan, Mrs. Walter Noes: None Absent:None RESOLUTION REGARDING SMALL CLAIM FEES RESOLUTION NO. 239, Introduced by Mr. Ronald Montesi who moved for its adoption seconded by Mr. Stephen Borgos RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Wilson Mathias, Town Counsel to negotiate with the Lake George School District and the Queensbury School District regarding the payment of cost incurred through the use of Northeast Appraisers regarding upcoming small claims. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr.Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None ON MOTION THE MEETING WAS ADJOURNED RESPECTFULLY SUBMITTED DARLEEN DOUGHER TOWN CLERK TOWN OF QUEENSBURY i INVESTMENT POLICIES AND GUIDELINES OF THE TOWN OF QUEENSBURY The objectives of the Investment Policy of the Town of Queensbury (hereinafter 1 known as the Town) are to minimize risk; to insure that investments mature when the cash is required to finance operations; and to insure a competitive rate of return. In accordance with this policy, the chief fiscal officer is hereby authorized to invest all funds including proceeds of obligations and reserve funds in: - Certificates of Deposit issued by a bank or trust company authorized to do business in New York State: - Time Deposit Accounts in a bank or trust company authorized to do business in New York State; - Obligations of New York State; - Obligations of the United States Government; - In Repurchase Agreements involving the purchase and sale of direct obligations of the United States. All funds except Reserve Funds may be invested in: - Obligations of agencies of the federal government if principal and interest is guaranteed by the United States. - With the approval of the State Comptroller, in Revenue Anticipation Notes or Tax Anticipation Notes of other local governments. ? Only reserve funds may be invested in: - Obligations of the Local Government. All other Town officials receiving money in their official capacity must deposit such funds in negotiable order of withdrawal accounts. All investments made pursuant to this investment policy shall comply with the following conditions: 1. COLLATERAL. a. Certificates of deposit shall be fully secured by insurance of the Federal Deposit Insurance Corporation or by obligations of New York State or obligations of the United States or obligations of federal agencies the principal and interest of which are guaranteed by the United States, or obligations of New York State local governments. Collateral shall be delivered to the Town or a Custodial Bank which the Local Government has entered into a Custodial Agreement. The market value of collateral shall at all times equal or exceed the principal amount of the certificate r" of deposit. Collateral shall be monitored periodically, and market value shall mean the bid or closing price as quoted in the Wall Street Journal or as quoted by another recognized pricing service. b. Collateral shall not be required with respect to the direct purchase of obligations of New York State, obligations of the United States, and obligations of federal agencies the principal and interest of which are guaranteed by the United States Government. Z. DELIVERY OF SECURITIES: a. Repurchase Agreements. Every Repurchase Agreement shall provide for payment to the seller only upon the seller's delivery of obligations of the United States to the Custodial Bank designated by the Town, or in the case of a book-entry transaction, when the obligations of the United States are credited to the Custodian's Federal Reserve Bank account. The seller shall not be entitled to substitute securities. Repurchase agreements shall be for periods of 30 days or less. The Custodial Bank shall confirm all transactions in writing to insure that the Town's ownership of the securities is properly reflected on the records of the Custodial Bank. b. Payment shall be made by or on behalf of the Town for obligations of New York State, obligations the principal and interest of which are guaranteed by the United States, United States Obligations, certificates of deposit, and other purchased securities upon i the delivery thereof to the custodial bank, or in the case of a book-entry transaction, when the purchased securities are credited to the Custodial Bank's Federal Reserve System account. All transactions shall be confirmed in writing. 3. WRITTEN CONTRACTS. Written contracts are required for Repurchase Agreements, certificates of deposit, and custodial undertakings. With respect to the purchase of obligations of U.S., New York State, or other governmental entities, etc. in which monies may be invested, the interests of the Town will be adequately protected by conditioning payment on the physical delivery of purchased securities to the Town or Custodian, or in the case of book-entry transactions, on the crediting of purchased securities to the Custodian's Federal Reserve System account. All purchases will be confirmed in writing to the Fiscal Officer. It is therefore, the policy of the Town, to require written contracts as follows: a. Written contracts shall be required for all Repurchase Agreements. Only credit worthy banks and primary reporting dealers shall be qualified to enter into a Repurchase Agreement with the Town. The written contract shall provide that only obligations i aFa1B of the United States may be purchased, and the Town shall make payment upon delivery of the securities of appropriate book-entry of the purchased securities. No specific repurchase agreement shall be entered into unless a master repurchase agreement has been executed between the Town and the trading partners. While the term of the master repurchase agreement may be for a reasonable length of time, a specific repurchase agreement shall not exceed thirty (30) days. b. Written contracts shall be required for the purchase of all certificates of deposit. C. A written contract shall be required with the Custodial Bank. 4. DESIGNATION OF CUSTODIAL BANK. 1. Custodial Bank. The Trust Bank Company chartered by the State of New York is designated to act as Custodial Bank of the Local Government's investments. However, securities may not be purchased through a Repurchase Agreement with the Custodial Bank. 5. FINANCIAL STRENGTH OF INSTITUTIONS. All trading partners must be credit worthy. Their financial statements must be reviewed at least annually by the Chief Fiscal Officer to determine satisfactory financial strength of the chief fiscal officer may use credit rating agencies to determine credit worthiness of trading partners. Concentration of investments in financial institutions should be avoided. The general rule is not to place more than 50% of monies on hand in overnight investments with any one institution. Investments in time deposits and certificates of deposits are to be made with banks or trust companies. Their annual reports must be reviewed by the Chief Fiscal Officer to determine satisfactory financial strength. When purchasing eligible securities the seller shall be required to deliver the securities to our Custodial Bank. Repurchase agreements, shall be entered into only with banks or trust companies or registered and primary reporting dealers in government securities. Sound credit judgements must be made with respect to trading partners in repurchase agreements. It is not assumed that inclusion on a list of the Federal Reserve is automatically adequate evidence of credit worthiness. Repurchase agreements should not be entered into with undercapitalized trading firms. A margin of 5% or higher of the market value of purchased securities in repurchase agreements must be maintained. 6. OPERATIONS, AUDIT, AND REPORTING. The chief fiscal officer or the deputy chief fiscal officer shall authorize the purchase and sale of all securities and executive contracts for Repurchase Agreements and certificates of deposit on behalf of the Town. Oral directions concerning the purchase or sale of securities shall be confirmed in writing. The Town shall pay for purchased securities upon the delivery or book-entry thereof. The Town will encourage the purchase the purchase and sale of securities and certificates of deposit through a competitive or negotiated process involving telephone solicitation of at least three bids for each transaction. At the time independent auditors conduct the annual audit of the accounts and financial affairs of the Town, the independent auditors shall audit the investments of the Town for compliance with the provisions of these investment Guidelines. Within 180 days of the end of the fiscal year, the chief fiscal officer shall prepare an annual investment report; recommendations for change in these Investment Guidelines. The provisions of these investment Guidelines and any amendments hereto shall take effect prospectively, and shall not invalidate the prior selection of any Custodial Bank or prior investment. i