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1980-06-24 1�q DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON , DR. EISENHART, MRS . WALTER, MR. ROBERTSON , MR. BRANDT NOES : NONE ABSENT : NONE TOWN BOARD MEETING JUNE 24 , 1980 i MEMBERS PRESENT: MRS. FRANCES WALTER—SUPERVISOR MR. DANIEL OLSON—COUNCILMAN DR. CHARLES EISENHART—COUNCILMAN MR. DANIEL MORRELL—COUNCILMAN MR. HAMMOND ROBERTSON—COUNCILMAN �- JOSEPH BRENNAN—TOWN COUNSEL c PRESS : G. F. POST STAR , WWSC j TOWN OFFICIALS— MR. GEORGE LIAPES , CHIEF JUDKINS i GUESTS: MR. KENNY , MR. SHERMAN , MR. GRANGER i MEETING OPENED 7 : 31 P. M. SALUTE TO THE FLAG LED BY COUNCILMAN OLSON PUBLIC HEARING-MOBILE HOME APPLICATION ELLIOTT GRANGER TO LOCATE A MOBILE HOME ON 24 LUZERNE ROAD OWNER OF PROPERTY ELLIOTT D. GRANGER �I NOTICE SHOWN. . . MR. GRANGER WAS PRESENT. . . SUPERVISOR WALTER— ASKED IF ANYONE WAS INTERESTED IN THIS APPLICATION EITHER FOR OR AGAINST TO PLEASE COME FORWARD. . . COUNCILMAN EISENHART— YOU HAD A PERMIT A YEAR AGO. . . MR. GRANGER— THE PERSON WHO WAS TO SELL THE MOBILE HOME TO ME, BACKED OUT OF THE AGREEMENT. . . THIS IS A DIFFERENT MOBILE HOME , BUT IN THE SAME LOCATION AS BEFORE. . . SUPERVISOR WALTER— ASKED FOR FURTHER INPUT, HEARING NONE THE PUBLIC HEARING WAS CLOSED- 7 : 36 P. M. Ili COUNCILMAN R OBERTSON—TH E O NL Y REASON F OR MY VO T E IS THAT IT WAS PREVIOUSLY APPROVED. . . RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO . 185 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : WHEREAS, ELLIOTT D. GRANGER SR. HAS MADE APPLICATION IN ACCORDANCE WITH PARAGRAPH 2 (C ) SECTION 4 , OF AN ORDINANCE OF THE TOWN OF QUEENSBURY ENTITLED; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, TO LOCATE A MOBILE HOME AT PROPERTY SITUATED AT 24 LUZERNE ROAD , AND WHEREAS, THIS TOWN BOARD HAS CONDUCTED A PUBLIC HEARING IN CONNECTION WITH SAID APPLICATION AND HAS HEARD ALL PERSONS DESIRING TO BE HEARD IN FAVOR OF OR AGAINST SAID APPLICATION , AND WHEREAS, IT IS HEREBY DETERMINED THAT THE FACTS PRESENTED IN SAID t APPLICATION AND AT SAID PJBLIC HEARING ARE SUFFICIENT TO AUTHORIZE THE ISSUANCE OF THE PERMIT REQUESTED BY SAID APPLICATION , NOW , THEREFORE BE IT RESOLVED, THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE , PERMISSION IS HEREBY GIVEN TO ELLIOTT D. GRANGER SR. TO LOCATE A MOBILE HOME AT PROPERTY SITUATED AT 24 LUZERNE ROAD AND THAT THE BUILDING 8 ZONING DEPARTMENT IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE SUCH PERMIT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID ORDINANCE. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MR. ROBERTSON , MRS. WALTER NOES: NONE ABSENT : NONE 200 COUNCILMAN OLSON- REQUESTED THAT A RESOLUTION REGARDING A TRANSFER OF FUNDS BE HELD FOR A FEW MINUTES UNTIL FURTHER DOCUMENTATION CAN BE FOUND. . . RESOLUTION TO TRANSFER FUNDS RESOLUTION NO . 186 , INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : WHEREAS, THE STATE INSURANCE FUND HAS EXAMINED THE INCREASE IN BUILDING CONSTRUCTION IN THE TOWN OF QUEENSBURY AND ASCERTAINED AN INCREASE IN POPULATION RESULTING IN AN INCREASE IN THE BILLING FOR WORKMENS COMPENSATION COVERAGE FOR THE VOLUNTEER FIREMEN, AND iJ WHEREAS, THERE EXISTS A DEFICIT IN THE SF3410 . 420 FIRE DISTRICTS INSURANCE ACCOUNT , NOW , THEREFORE BE IT RESOLVED, TO TRANSFER $2435. 11 FROM SF3410 . 440 FIRE DISTRICTS , --� CONTRACTUAL TO SF3410 . 420 FIRE DISTRICTS , INSURANCE FOR THIS INCREASE IN COSTS . DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MR. ROBERTSON , MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION TO TRANSFER FUNDS RESOLUTION NO . 187 , INTRDUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS . FRANCES WALTER : WHEREAS, THE TOWN OF QUEENSBURY PAYROLLS HAVE BEEN AUDITED AND THE WORKMAN ' S COMPENSATION PREMIUM ADJUSTED AND INCREASED BY COOL INSURING AGENCY , INC. NOW, THEREFORE BE IT RESOLVED, TO TRANSFER $653. 00 FROM SW1 8310 . 420 ADMINISTRATION INSURANCE TO SW1 9040 . 800 EMPLOYEE BENEFITS , WORKMEN 'S COMPENSATION TO PAY FOR THE INCREASED COSTS. DULY ADOPTED BY THE FOLLOWING VOTE : AYES: MR. OLSON , DR. EISENHART , MR. MORRELL , MR. ROBERTSON , MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION REGARDING SAFER LOCAL ROADS AND STREETS PROGRAM RESOLUTION NO . 188 , INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLUTION NO. 188 , DATED JUNE 24 , 1980 OF THE TOWN OF QUEEENSBURY APPROVING THE PARTICIPATION BY THE MUNICIPALITY IN A SAFER LOCAL ROADS AND STREETS PROGRAM, AND AUTHORIZING THE CONSTRUCTION OF THE PROGRAM BY MUNICIPAL FORCES OR BY A COMPETITIVELY LET CONTRACT , J WITH OVERSIGHT OF THE PROGRAM GUIDELINES AND THE STATE-COUNTY AGREEMENT ✓ WITH MUNICIPAL PARTICIPATION IN THE COSTS OF THE PROGRAM, AND MUNICIPAL MAINTENANCE OF THE COMPLETED IMPROVEMENTS: WHEREAS, PURSUANT TO CHAPTER 369 OF THE LAWS OF 1979 , THE ENERGY CONSERVATION THROUGH IMPROVED TRANSPORTATION BOND ACT , AND CHAPTER 53 OF THE LAWS OF 1980 , THE NEW YORK STATE LEGISLATURE AUTHORIZED AND APPROPRIATED FUNDS FOR A STATEWIDE SAFER LOCAL ROADS AND STREETS PROGRAM, AND WHEREAS, PURSUANT TO THESE STATUTES , THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION HAS APPORTIONED PROGRAM FUNDS TO THE MUNICIPALITY AS FOLLOWS: STATE BOND FUNDS: $96 , 411 LOCAL MATCH : 32 . 137 TOTAL PROGRAM : 128 , 548 nn� uV.A. NOW , THEREFORE , BE IT RESOLVED, THAT THE TOWN OF QUEENSBURY SHALL PARTICIPATE IN THE SAFER LOCAL ROADS AND STREETS PROGRAM, PURSUANT TO THE TERMS OF THE BOND ACT , THE PROGRAM GUIDELINES AND THE STATE- COUNTY AGREEMENT , AND BE IT FURTHER RESOLVED, THAT CONSTRUCTION OF THE PROGRAM SHALL BE BY MUNICIPAL FORCES OR BY COMPETITIVE BID LETTING , WITH OVERSIGHT BY THE COUNTY SUPERINTENDENT OF PUBLIC WORKS; AND BE IT FURTHER RESOLVED, THAT THE MUNICIPALITY SHALL PARTICIPATE IN THE COSTS OF THE PROGRAM, WITH 75% REIMBURSEMENT BY STATE BOND FUNDS ; AND BE IT FURTHER + RESOLVED, THAT UPON COMPLETION OF THE PROGRAM, THE TOWN OF QUEENSBURY SHALL AT ITS OWN EXPENSE PROPERLY MAINTAIN THE COMPLETED PROJECT ( S ) . IT IS FURTHER RESOLVED, THAT THE SUPERVISOR OF THE TOWN OF QUEENSBURY BE AND SHE HEREBY IS AUTHORIZED TO SIGN ALL PROJECT APPLICATIONS (TE 215 ) . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART , MR. MORRELL , MR. ROBERTSON , MRS. WALTER NOES : NONE ABSENT: NONE SUPERVISOR WALTER-THIS IS THE AMOUNT OF MONEY THAT HAS BEEN ALLOCATED TO THE TOWN OF QUEENSBURY THROUGH THE TRANSPORTATION BOND ACT THAT WAS VOTED ON IN 1979 . . . THIS IS A RESOLUTION TO STATE THAT WE WILL ACCEPT THE MONIES. . . $96, 411 . 00 AND MATCH THE FUNDING WITH $32 , 137 . 00 COUNCILMAN ROBERTSON- CAN OUR SHARE BE, FUNDS THAT WERE ALREADY BUDGETED? SUPERVISOR WALTER- I BELIEVE THAT WE CAN USE THE MONEY ALREADY BUDGETED. . . COUNCILMAN MORRELL- CAN THIS BE USED FOR WIDENING AVIATION ROAD. . . SUPERVISOR WALTER- YES. . .THE HIGHWAY COMMITTEE WILL MEET WITH MR. DEALT AND DISCUSS THE POSSIBLE PROJECTS. THEN IT WILL BE BROUGHT TO IHE TOWN BOARD. . . RESOLUTION TO EXPRESS LEGISLATIVE INTENT WITH RESPECT TO 1978 PROPOSED AMENDMENT TO ORDINANCE NO . 33 OF THE TOWN OF QUEENSBURY RESOLUTION NO . 189 , INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION, ECONDE BY DR. CHARLES EISENHART: WHEREAS, ON JUNE 27 , 1978 , AFTER A PUBLIC HEARING AND COMPLIANCE WITH ALL OTHER REQUIREMENTS OF LAW , THE TOWN BOARD OF THE TOWN OF QUEENSBURY ADOPTED RESOLUTION N0. 171 , OF 1978 TO AMEND SECTION 4 OF ORDINANCE NO. 33 OF THE TOWN OF QUEENSBURY TO READ AS FOLLOWS : ' 'SECTION 4. REGULATION OF ANCHORAGE, NO PERSON SHALL ANCHOR OR MOOR ANY BOAT WITHIN TWO HUNDRED FEET OF ANY PRIVATE PROPERTY, EXCEPT IN A CASE OF EMERGENCY OR AT THE DIRECTION OF ANY POLICE OFFI- CER , OR AT THE INVITATION OF THE OWNER OR LESSEE OF SAID PROPERTY. APPLICABLE TO LAKE GEORGE WATERS ONLY. ' ' , AND ` WHEREAS, AFTER ADOPTION , THE PROPOSED AMENDMENT WAS SUBMITTED TO THE ^— CONSERVATION COMMISSIONER OF THE STATE OF NEW YORK FOR CONSIDERATION AND WRITTEN APPROVAL AS REQUIRED BY TOWN LAW , SECTION 130 ( 17 ) ( 2 ) IN ORDER FOR SAID PROPOSED AMENDMENT TO BECOME EFFECTIVE AS A MATTER OF LAW , AND WHEREAS, THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION HAS RAISED CERTAIN QUESTIONS CONCERNING THE MEANING OF THE PHRASE ' ' PRIVATE PROPERTY' ' SET FORTH IN THE PROPOSED AMENDMENT , AND WHEREAS, THE COUNSEL TO THE TOWN BOARD HAS INFORMED THE TOWN BOARD OF CERTAIN DISCUSSIONS WHICH HE HAS HAD WITH THE ATTORNEYS FOR THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION WITH RESPECT TO THE INTENT OF THE TOWN BOARD RELATIVE TO THE MEANING OF THE PHRASE ' ' PRIVATE PROPERTY' ' , AND 202 WHEREAS, THE COUNSEL TO THE TOWN BOARD HAS RECOMMENDED THAT THIS RESOLUTION BE ADOPTED FOR THE PURPOSE OF UNEQUIVOCAL CLARIFICATION AS TO THE ME4'�) ING OF THE PHRASE ' ' PRIVATE PROPERTY ' ' SET FORTH IN THE AFOREMENTIONED PROPOSED AMENDMENT , AND WHEREAS, IT ALWAYS HAS BEEN AND REMAINS THE LEGISLATIVE INTENT OF THE TOWN BOARD, AS THE LEGISLATIVE AND GOVERNING BODY OF THE TOWN OF QUEENSBURY , THAT THE PHRASE ' 'PRIVATE PROPERTY' ' SET FORTH IN THE PROPOSED AMENDMENT HAS THE MEANING OF REAL PROPERTY IN PRIVATE OWNERSHIP AS OPPOSED TO GOVERNMENTAL OWNERSHIP , WHETHER SAID GOVERNMENTAL OWNERSHIP WAS OR IS FEDERAL , STATE OR LOCAL , AND WHEREAS, THE SAID PHRASE ' 'PRIVATE PROPERTY ' ' HAS ALWAYS BEEN AND REMAINS INTENDED TO MEAN SOLELY THE NATURAL REAL PROPERTY, BEING THE SHORELINE AT THE MEAN HIGH WATER MARK OF LAKE GEORGE , _..! INCLUDING THE SHORELINE OF ISLANDS IN LAKE GEORGE SITUATE EITHER IN WHOLE OR IN PART WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE TOWN OF QUEENSBURY , AND WHEREAS, THE SAID PHRASE ' 'PRIVATE PROPERTY' ' FOR PURPOSES OF THE AFOREMENTIONED AMENDMENT AND ORDINANCE HAS NOT BEEN , AND IS NOT , INTENDED TO MEAN OR INCLUDE DOCKS , MOORINGS , SWIM FLOATS OR ANY OTHER MAN-MADE STRUCTURE OR ITEM OF WHATEVER TYPE , AND WHEREAS, THE INTENT OF THIS RESOLUTION IS TO PROVIDE AN EXPRESSION OF THE LEGISLATIVE INTENT OF THE TOWN BOARD WITH RESPECT TO THE PHRASE ' ' PRIVATE PROPERTY ' ' FOR PURPOSES OF SAID PROPOSED AMENDMENT AND ORDINANCE, WHICH EXPRESSION OF LEGISLATIVE INTENT IS INTENDED TO BE BINDING ON ANY COURT IN WHICH ENFORCEMENT OF SAID ORDINANCE: AS PROPOSED TO BE AMENDED IS SOUGHT EITHER IN A CIVIL ACTION OR CRIMINAL PROSECUTION , NOW, THEREFORE , BE IT RESOLVED, AND EXPRESSED THAT THE LEGISLATIVE INTENT OF THE TOWN BOARD OF THE TOWN OF QUEENSBURY IN APPROVING THE PROPOSED AMENDMENT TO ORDINANCE N0. 33 BY T-iE ADOPTION OF RESOLUTION NO. 171 , OF 1978 AND IN SEEKING THE WRITTEN APPROVAL OF THE CONSERVATION COMMISSIONER OF THE STATE OF NEW YORK OF SAID PROPOSED AMENDMENT IS THAT THE PHRASE ' ' PRIVATE PROPERTY ' ' SET FORTH THEREIN BE INTERPRETED AS A MATTER OF LAW AND BE ANY COURT IN WHICH SAID ORDINANCE AND THE PROPOSED ---� AMENDMENT TO SECTION 4 THEREOF ARE IN ISSUE , TO MEAN THAT WHICH IS STATED ABOVE IN THE PREAMBULARY PARAGRAPHS OF THIS RESOLUTION. DULY ADOPTED BY THE FOLLOWING VOTE : AYES: MR. OLSON, DR. EISENHART, MR. MORRELL , MR . ROBERTSON , MRS. WALTER NOES : NONE ABSENT: NONE SUPERVISOR WALTER-.". REV'lEWED"-T.HE HISTORY OF- THE AMENDMENT Ta`lQRqINANCE­_ . NUMBER_'3'3::;PASSED BY THE :TOWN_;BOARD IN 1'978.' '-IN 'ORDER 'TO`'BECOMt 'E'FFECTTVE !IT MUST"BE APPROVEDYBY THEE:C0NMISSIIDNER'.OF° ENCON WHICH 3T' WAS NOT. .';, NO TED.'THAT`3SOME OF THE WORDING WAS QUESTIONED. . .OUR COUNSEL FELT THAT THE WORDING WAS APPROPRIATE . . . I WROTE A LETTER TO MR. FLACKE ON 5-23-80 LETTING HIM KNOW THAT THE TOWN BOARD WANTED TO RE-SUBMIT THE RESOLUTION AS WAS PASSED IN 1978jOUR ATTORNEY FELT IT WAS SATISFACTORY AS IS . . .ASKED THAT THE DEPARTMENT COUNSELfIF THEY FELT IT WAS NOT AS CLEAR AS IT SHOUL^ BED WOULD ENCON LET US KNOW IN WHAT AREAS THEY FELT SHOULD BE CLEARED UP. . . I WAS NOTIFIED 6-6-80 THAT MY LETTER TO MR. FLACKE WAS TURNED OVER TO MR. COUTANT REGIONAL ATTORNEY AND HE ASKED TO SPEAK WITH TOWN COUNSEL . . . AFTER SPEAKING WITH THE REGIONAL ATTORNEY THE TOWN COUNSEL DRAFTED t THIS RESOLUTION BEFORE US TONIGHT. . . TOWN COUNSEL-SPOKE TO THE ToWN,: BOARD IN REGARD TO THE CORRESPONDENCE WITH THE REGIONAL COUNSEL FOR ENCON-(LETTERS ON FILE ) NOTED A LANGUAGE PROBLEM WITH ' ' PRIVATE PROPERTY ' ' TONIGHTS RESOLUTION STATES- IT DOES NOT MEAN ANY MAN MADE STRUCTURES . . . ON MONDAY THE REGIONAL ATTORNEY INFORMED ME THERE STILL WAS A PROBLEM . . .WHETHER OR NOT THE ORDINANCE SHOULD BE RESTRICTIVE TO JUST SANDY BAY . . . I EXPRESSED TO MR. COUTANT MY OPINION THAT LIMITING THE ORDINANCE TO SANDY BAY WOULD BE SUSCEPTIBLE TO A CONSTITUTIONAL CHALLANGE . I BELIEVE THAT THE ORDINANCE IS VALID AND CAN BE ENFORCED. . . COUNCILMAN ROBERTSON- NOTED THAT THERE ARE TWO LOCATIONS IN THE TOWN WHICH ARE STATE OWNED-WARNER BAY AND ON SANDY BAY WHICH THE 200 ' LIMIT WOULD NOT APPLY TO. . . DR. NAGAMATEZU-QUESTIONED IF IT WOULD BEnFROMETHE SHORE LINE. . . 200 ' ? TOWN COUSNEL- YES MR. JAMES FOLEY- IS THERE A TIME LIMIT TO GET THIS DONE IN? TOWN COUNSEL- I HAVE THE IMPRESSION THAT "IT WILL BE CONSIDERED BY THE PARK COMMISSION ON THURSDAY EVENING . . . HELEN MOORE-NOTED THAT SHE FELT THAT THE PROPERTY OWNERS HAVE NO RIGHTS AND THE BOAT OWNERS HAVE ALL THE RIGHTS . . .SPOKE TO THE BOARD ABOUT LOUD NOISES AT NIGHT FROM THE BOATS NO CONSIDERATION FOR THE PROPERTY OWNERS. . . FELT THAT MORE ENFORCEMENT OFFICERS SHOULD BE PLACED ON THE LAKE. . . HELEN GALLAGHER-APPROVED OF THE 200 ' LIMIT. . . MS. CURRENS- REPRESENTING SEVERAL FAMILIES ON LAKE GEORGE. . . SUPPORT THE 200 ' MOORING AMENDMENT. . . DISCUSSION HELD ON RESOLUTION TO AUTHORIZE POLICE CHIEF JUDKINS TO SUBMIT AN ALCOHOL EDUCATION ENFORCEMENT PROGRAM GRANT APPLICATION TO THE STATE OF NEW YORK , TRAFFIC SAFETY COMMITTEE. . .CHIEF JUDKINS REVIEWED THE PROPOSAL WITH THE TOWN BOARD . . . COUNCILMAN ROBERTSON REQUESTED MORE TIME TO REVIEW THE PROGRAM AND SPEAK WITH CHIEF JUDKINS . . . RESOLUTION TO SET SPECIAL TOWN BOARD MEETING RESOLUTION NO . 190 , INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : RESOLVED , THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY WILL MEET IN SPECIAL SESSION ON JUNE 30 , 1980 AT 8 : 30 P . M. AT THE QUEENSBURY TOWN OFFICE BUILDING , BAY AND HAVILAND ROADS , GLENS FALLS, NEW YORK 12801 . t DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , MR. MORRELL., ,MR ROBERTSON , MRS .' ' WALTER NOES : DR. CHARLES EISENHART ABSENT: NONE RESOLUTION TO ACCEPT MINUTES RESOLUTION NO. 191 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL: I, RESOLVED, THAT THE MINUTES OF JUNE 10 , 1980 BE AND HEREBY ARE APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MR. ROBERTSON , MRS. WALTER NOES : NONE ABSENT : NONE RESOLUTION TO TRANSFER FUNDS RESOLUTION NO . 192 , INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. HAMMOND ROBERTSON : WHEREAS, THE CEMETERY COMMISSION HAS PURCHASED A NEW SIGN FOR THE PINE- VIEW CEMETERY AND THE ENGINEERING COSTS ARE STILL TO BE PAID , NOW , THEREFORE BE IT RESOLVED, TO TRANSFER $643. 75 FROM THE BOYCHUCK FUND TO C8810. 200 PINEVIEW EQUIPMENT FOR THESE COSTS. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MR. ROBERTSON , MRS . WALTER NOES : NONE ABSENT : NONE 204 SUPERVISOR WALTER-IN REGARD TO THE BIDS ON LIGHTS FOR WEST GLENS FALLS MR. DEALT IS STILL AWAITING MORE INFORMATION FROM THE BIDDER. . . MOBILE HOME APPLICATION OF JEFFREY SHERMAN TO LOCATE A MOBILE HOME ON RHODE ISLAND AVENUE. . . OWNER OF PROPERTY CLYDE SHERMAN RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO . 193 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MRS . FRANCES WALTER : WHEREAS, .JEFFREY L. SHERMAN HAS MADE APPLICATION IN ACCORDANCE WITH PARAGRAPH 2 ( C ) SECTION 4 , OF AN ORDINANCE OF THE TOWN OF QUEENSBURY ENTITLED ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE _! HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, TO LOCATE A MOBILE HOME OUTSIDE AT PROPERTY SITUATED AT RHODE ISLAND AVENUE AND WHEREAS, IT IS HEREBY DETERMINED THAT SAID APPLICATION COMPLIES WITH THE REQUIREMENTS OF SAID ORDINANCE , AND WHEREAS, IT IS HEREBY DETERMINED THAT THE FACTS PRESENTED IN SAID APPLICATION ARE SUFFICIENT TO JUSTIFY FURTHER CONSIDERATION BY THIS BOARD, THEREFORE BE IT RESOLVED , THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE , THE TOWN BOARD SHALL CONDUCT A PUBLIC HEARING ON SAID APPLICATION ON JULY 8TH 1980 AT 7 : 30 P. M. IN THE QUEENSBURY TOWN OFFICE BUILDING, BAY ROAD , AND .THAT THE TOWN CLERK IS HEREBY AUTHORIZED AND DIRECTED TO GIVE PROPER NOTICE OF SAID PUBLIC HEARING IN ACCORDANCE WITH THE PROVISIONS OF SAID ORDINANCE. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MR. ROBERTSON , MRS . WALTER NOES: NONE 1 ABSENT : NONE __j SUPERVISOR WALTER- ANNOUNCED THAT OUR DCO IS CURRENTLY AT G.F. HOSP . WE ARE ALL ROOTING FOR HIM. . . RESOLUTION TO ADOPT A LOCAL LAW RELATING TO THE CONTROL , CONFINING AND LEASHING OF DOGS IN THE TOWN OF QUEENSBURY RESOLUTION NO . 194 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , 3 DED BY MR. HAMMOND ROBERTSON : WHEREAS, THE AGRICULTURE AND MARKETS LAW AUTHORIZES THE ADOPTION OF -A LOCAL LAW RELATING TO THE CONTROL , CONFINING AND LEASHING OF DOGS AND WHEREAS, NUMEROUS COMPLAINTS HAVE BEEN RECEIVED BY THE TOWN OF QUEENSBURY RELATING TO THE RUNNING AT LARGE AND OTHER UNCONTROLLED AND INJURIOUS BEHAVIOR OF DOGS IN THE TOWN OF QUEENSBURY AND WHEREAS, IT APPEARS THAT THE ADOPTION OF A DOG CONTROL LAW IS IN THE BEST INTEREST OF THE TOWN OF QUEENSBURY AND �+ WHEREAS, A PROPOSED LOCAL LAW HAS BEEN PREPARED AND HAS BEEN PRE- SENTED FOR ADOPTION BY THE TOWN BOARD IN ACCORDANCE WITH LAW , AND WHEREAS, A PUBLIC HEARING WAS HELD BEFORE THE TOWN BOARD OF THE TOWN OF QUEENSBURY AFTER THE PUBLICATION AND POSTING OF NOTICE OF SAID PUBLIC HEARING AS REQUIRED BY LAW AT WHICH ALL PERSONS INTERESTED IN THE SUBJECT MATTER THEREOF WERE HEARD AND WHEREAS, IT APPEARS THAT THE LOCAL LAW IN ITS PRESENT FORM IS IN COMPLIANCE WITH ALL LEGAL REQUIREMENTS AND THAT ALL PROCEDURES REQUIRED BY LAW RELATIVE TO THE ADOPTION THEREOF HAVE BEEN SATISFIED , NOW , THEREFORE , BE IT RESOLVED , THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY ADOPT A LOCAL LAW ENTITLED ' ' DOG CONTROL LAW OF THE TOWN OF QUEENSBURY ' ' , AS PRESENTED , ran r A COPY OF WHICH IS ANNEXED HERETO AND BE IT FURTHER RESOLVED , THAT THE TOWN CLERK BE AUTHORIZED AND DIRECTED TO TAKE ALL NECESSARY ACTION WITH RESPECT TO THE FILING AND PUBLICATION OF SAID LOCAL LAW UPON ITS ADOPTION AS IS REQUIRED BY LAW . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MR. ROBERTSON , MRS. WALTER NOES : NONE i ABSENT : NONE ( COMPLETE TEXT OF THE LOCAL LAW ON FILE IN THE TOWN CLERK 'S OFFICE ) BID OPENING 6-24-80 2 : 00 P. M. WATER DEPT . PICKUP TRUCK. . . ONE BID RECEIVED. . . ROUTE 9 MOTORS WITH TRADE $5 ,998 . 00 ATTACHED FIBERGLASS BODY " $6 , 395. 00 NON. COL. BIDS TURNED OVER TO THE WATER DEPT. MOBILE HOME APPLIQTION -CLARENCE R. PALMER OF CORINTH ROAD TO LOCATE A MOBILE HOME ON BURCH ROAD. . . OWNER OF PROPERTY GORDON PALMER. . . DISCUSSION HELD. . . WILL HOLD FOR INVESTIGATION BY TOWN BOARD UNTIL JULY 8TH, 1980 A MOBILE HOME APPLICATION-,LACK J . BETHEL- OF 17 HOMER AVENUE TO LOCATE A MOBILE HOME AT 17 HOMER AVENUE. . . THIS IS A RENTED MOBILE HOME . . . OWNER OF PROPERTY ROBERT BERNARD. . . COUNCILMAN ROBERTSON- REQUESTED THAT TOWN COUNSEL REVIEW THE MOBILE HOME ORDINANCE AND MAKE A DETERMINATION IF A MOBILE HOME CAN BE RENTED. . .HELD FOR INVESTIGATION BY TOWN BOARD UNTIL JULY 8TH 1980 . . . THE FOLLOWING REPORTS WERE PLACED ON FILE-QUEENSBURY POLICE-MAY 1980 . . . THE HOURS FOR THE QUEENSBURY TOWN OFFICE BUILDING WILL BE FROM 8 :00 A. M. TO 4 : 00 P. M. JUNE 30TH THROUGH AUGUST 31 , 1980 . . . .THE TOWN CLERK 'S HOURS WILL REMAIN 8 : 00 A. M. TO 5 :00 P. M. OPEN FORUM 9 : 02 P. M. MR. KENNY-OWNER OF THE HY-WAY HOST. MOTEL- HAVING NOISE PROBLEM WITH THE ROCK AND RYE . . . REQUESTED THAT A NOISE ORDINANCE BE PASSED. . .NOTED THE LAKE GEORGE WOULD LOAN THE TOWN A DECIMAL METER TO ENFORCE THE ORDINANCE. . . THE NOISE IS HURTING HIS BUSINESS . . . COUNCILMAN EISENHART- SUGGESTED THAT HE ALSO CONTACT THE ABC BOARD. . . MR. KENNY- I HAVE WRITTEN TO THEMRECENTLY . . . SUPERVISOR WALTER- WE WILL CONSIDER LOOKING INTO THE MATTER. . . MRS. MERLETTO OF ZENAS DRIVE-IS THERE GOING TO BE ANYTHING DONE ABOUT THE DRAINAGE PROBLEM ON ZENAS DRIVE? SUPERVISOR WALTER- MR . DEALT IS NOT WITH US TONIGHT BUT I DO BELIEVE I SAW ZENAS DR. ON THE DRAINAGE LIST. . . RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTIONNO . 195, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED -- FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLVED, THAT AUDIT OF BILLS AS LISTED ON ABSTRACT NO. 80-6C AND NUMBERED 1076 THROUGH 1077 AND TOTALING, $8029 . 50 BE AND HEREBY IS APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL , MR. ROBERTSON , MRS. WALTER NOES : NONE ABSENT : NONE 206 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO . 196, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : RESOLVED , THAT THE TOWN BOARD HEREBY CALLS FOR AN EXECUTIVE SESSION TO DISCUSS NEGOTIATIONS UNDER ARTLCLE 14 OF THE CIVIL SERVICE LAW . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART , MR. MORRELL , MR. ROBERTSON , MRS . WALT-?11 i NOES: NONE ABSENT : NONE DISCUSSION HELD IN REGARD TO HEALTH HAZARDS BROUGHT BEFORE THE BOARD BY DR. DIER. . . RESOLUTION TO SET PUBLIC HEARING IN REGARD TO HEALTH HAZARD-ELEANOR BACKON RESOLUTION NO . 197 , INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE. RESOLUTION TO SET PUBLIC HEARING IN REGARD TO HEALTH HAZARD-MRS. GROVENBURGH RESOLUTION NO . 198 , INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE —1)a9 DISCUSSION HELD ON HEALTH HAZARD-MR. WEATHERWAX. . .SEWAGE SYSTEM PROBLEM. . . SUGGESTION WAS MADE TO CONTACT THE REHAB PROGRAM TO SEE IF ANYTHING COULD BE DONE . . . DISCUSSION HELD ON THE WEST MOUNTAIN REZONING REQUEST-MICHEL BRANDT- IT WS WILLABEASENTDTOHTHEI �E AGENCIE &EN IT I COMES BACCKTIN THIIRTY DAAYSS THEN THE ZONING CHANGE MUST BE HANDLED. . . ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY , DONALD A. CHASE TOWN CLERK TOWN OF QUEENSBURY / I X07 RESOLUTION TO SCHEDULE PUBLIC HEARING RESOLUTION NO . 197, INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : WHEREAS, JOHN G. DIER, M. D. LOCAL HEALTH OFFICER OF THE TOWN OF QUEENSBURY , HAS INFORMED THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH OF THE TOWN OF QUEENSBURY OF THE EXISTENCE OF CERTAIN CONDITIONS AT PREMISES PURPORTEDLY OWNED BY ELEANOR BACKON , SITUATE AT 333 RIDGE STREET, IN THE TOWN OF QUEENSBURY, WHICH IN HIS OPINION CONSTITUTE A NUISANCE AND ARE DETRIMENTAL TO THE PUBLIC HEALTH , AND WHEREAS, THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH OF THE TOWN OF QUEENSBURY, HAS BEEN INFORMED THAT SAID CONDITIONS CONSIST OF AN OVERFLOWING SEPTIC SYSTEM ON SAID PROPERTY IN APPARENT VIOLATION OF THE PUBLIC HEALTH LAW , AND �- WHEREAS, THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH , HAS BEEN IN- FORMED THAT THE LOCAL HEALTH OFFICER OF THE TOWN OF QUEENSBURY HAS PREVIOUSLY PROVIDED TO ELEANOR BACKON A WRITTEN NOTICE TO CORRECT AND CAUSE THE ABATEMENT OF THE AFORESAID CONDITIONS AND THAT NO SUCH CORRECTIVE ACTION HAS BEEN TAKEN , AND WHEREAS, IT WOULD APPEAR TO BE IN THE PUBLIC INTEREST FOR THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH FOR THE TOWN OF QUEENSBURY , TO HOLD A PUBLIC HEARING PURSUANT TO ARTICLE 13 OF THE PUBLIC HEALTH LAW CONCERNING THIS CONDITION AND TO DETERMINE WHETHER THE CONDITION CONSTITUTING A PUBLIC NUISANCE AND/OR HEALTH HAZARD EXISTS ON SAID H C PROPERTY W REQUIRES H I ABATEMENT IN ACCORDANCE WITH LAW . NOW, THEREFORE BE IT RESOLVED , THAT A PUBLIC HEARING BE HELD BEFORE THE TOWN BOARD , SITTING AS THE LOCAL BOARD OF HEALTH FOR THE TOWN OF QUEENSBURY , AT 7 : 30 P . M. ON JULY 8 , 1980 AT THE QUEENSBURY TOWN OFFICE BUILDING, LOCATED AT BAY AND HAVILAND ROADS IN THE TOWN OF QUEENSBURY , WARREN COUNTY , NEW YORK, TO CONSIDER AND FOR A DETERMINATION CONCERNING THE EXISTENCE OF THE ALLEGED CONDITIONS DESCRIBED ABOVE AND WHETHER AN ORDER SHOULD BE ISSUED BY THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH , MANDATING V THE SUPPRESSION OR REMOVAL OF THE ALLEGED NUISANCE AND/OR CONDITION DETRIMENTAL TO PUBLIC HEALTH IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 13 OF THE PUBLIC HEALTH LAW OF THE STATE OF NEW YORK , AND BE IT FURTHER RESOLVED, THAT NOTICE OF SAID PUBLIC HEARING BE PROVIDED TO MISS ELEANOR BACKON ALONG WITH NOTICE THAT ANY EXPENSES INCURRED BY THE TOWN OF QUEENSBURY IN CONNECTION WITH THE ABATEMENT OF SAID CONDITION , IF SUCH BE ORDERED BY THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH, COULD BECOME A LIEN AGAINST THE PROPERTY IF REDUCED TO JUDGEMENT. i DULY ADOPTED BY THE FOLLOWING VOTE : AYES: MR. OLSON, DR. EISENHART , MR. MORRELL , MR. ROBERTSON , MRS. WALTER NOES: NONE ABSENT: NONE RESOLUTION TO SCHEDULE PUBLIC HEARING RESOLUTION NO . 198 , INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION, SECONDED BY DR. CHARLES EISENHART : WHEREAS, JOHN G. DIER, M. D. , LOCAL HEALTH OFFICER OF THE TOWN OF -. QUEENSBURY HAS INFORMED THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH OF THE TOWN OF QUEENSBURY , OF THE EXISTENCE OF CONDITIONS THAT THE PREMISES NOW OR FORMERLY OWNED BY EARL WILSON, AND NOW ALLEGEDLY IN THE CARE OF THE OCCUPANT OF SAID PREMISES ,A MRS . GROVEN- BURG, SITUATE ON INDIANA AVENUE , IN THE TOWN OF QUEENSBURY , WHICH IN HIS OPINION, CONSTITUTE A NUISANCE AND ARE DETRIMENTAL TO THE PUBLIC HEALTH, AND WHEREAS, THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH OF THE TOWN OF QUEENSBURY, HAS BEEN INFORMED THAT SAID CONDITIONS CONSIST OF AN OVERFLOWING SEPTIC SYSTEM ON SAID PROPERTY IN APPARENT VIOLATION OF THE PUBLIC HEALTH LAW, AND WHEREAS, THE TOWN BOARD, A$ THE LOCAL BOARD OF HEALTH , HAS 208 BEEN INFORMED THAT THE LOCAL HEALTH OFFICER OF THE TOWN OF QUEENSBURY HAS PREVIOUSLY PROVIDED TO MRS. GROVENBURG A WRITTEN NOTICE TO CORREET AND CAUSE THE ABATEMENT OF THEAFORESAID CONDITIONS AND THAT NO SUCH CORRECTIVE ACTION HAS BEEN TAKEN , AND WHEREAS, IT WOULD APPEAR TO BE IN THE PUBLIC INTEREST FOR THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH FOR THE TOWN OF QUEENSBURY , TO HOLD A PUBLIC HEARING PURSUANT TO ARTICLE 13 OF THE PUBLIC HEALTH LAW CONCERNING THIS CONDITION AND TO DETERMINE WHETHER THE CONDITION CONSTITUTING A PUBLIC NUISANCE AND/OR A HEALTH HAZARD EXISTS ON SAID PROPERTY WHICH REQUIRES ABATEMENT IN ACCORDANCE WITH LAW , NOW, THEREFORE , BE IT RESOLVED, THAT A PUBLIC HEARING BE HELD BEFORE THE TOWN BOARD , SITTING AS THE LOCAL BOARD OF HEALTH FOR THE TOWN OF QUEENSBURY , AT 7 : 30 P . M. ON JULY 8 , 1980 AT THE QUEENSBURY TOWN OFFICE BUILDING, LOCATED AT � BAY AND HAVILAND ROADS IN THE TOWN OF QUEENSBURY , WARREN COUNTY , NEW YORK, TO CONSIDER AND FOR A DETERMINATION CONCERNING THE EXISTENCE OF THE ALLEGED CONDITIONS DESCRIBED ABOVE AND WHETHER AN ORDER SHOULD BE ISSUED BY THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH , MANDATING THE SUPPRESSION OR REMOVAL OF THE ALLEGED NUISANCE AND/OR CONDITION DETRIMEN- TAL TO PUBLIC HEALTH IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 13 OF THE PUBLIC HEALTH LAW OF THE STATE OF NEW YORK , AND BE IT FURTHER RESOLVED, THAT NOTICE OF SAID PUBLIC HEARING BE PROVIDED TO MRS . GROVEN- BURG ALONG WITH NOTICE THAT ANY EXPENSES INCURRED BY THE TOWN OF QUEENS- BURY IN CONNECTION WITH THE ABATEMENT OF SAID CONDITION , IF SUCH SHOULD BE ORDERED BY THE TOWN BOARD AS THE LOCAL BOARD OF HEALTH , COULD BECOME A LIEN AGAINST THE PROPERTY IF REDUCED TO JUDGMENT. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL , MR. ROBERTSON , MRS. WALTER NOES : NONE ABSENT : NONE