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1980-07-08 TOWNFBOARD MEETING JULY 89 2980 MEMBERS PRESENT Mrs. Frances Walter-Supervisor Mr. Daniel Olson-Councilman Dr. Charles Eisenhart-Councilman Mr. Daniel Morrell-Councilman Mr. Hammond Robertson-Councilman Joseph R. Brennan-Town Counsel PRESS: WWSC, G.F. Post Star GUESTS: League of Women Voters, Mr. Bethel, Mr. Bernard, Mr. Sherman TOWN OFFICIALS: Mr. Lynn, Mr. Flaherty, Mr. Hansen, Chief Judkins Meeting Opened 7:32 P.M. Salute to the Flag led by Councilman Eisenhart Supervisor Walter-Convened the Town Board as the Queensbury Board of Health. . . Public Hearing-Wilson Property. . .Mr. Wilson 'dec eased. . .Mrs. Grovenberg has care of the property and children. . .Health problem with sewage system Mr. Steven Lynn-Assistant Building Inspector- reviewed the existing sewage system problem. . .noted that it was brought to his attention last November. . .nothing has been done to aaviate the situation . . .the sewage is running on the neighbors land. . . Supervisor Walter- noted that Dr. Dier has investigated the situation Councilman Olson- asked if anyone was living at that location? Mr. Lynn- yes Councilman Robertson- asked Counsel if the town could hire a firm to repair the sewage system and charge such on taxes. . . Supervisor Walter- noted that this home is in the Hud project area but cannot come under hud funding assistance due to the fact it has tax leins against the property. - asked Mr. Brennan if there were any other avenues the Board could take. Mr. Brennan - There is a question whether or not a municipality can actually go in and reconstruct the system. It has the authority to abate the nuisance but not to reconstruct the system. You are dealing with the public nuisance aspect. Mrs. Walter - Several complaints have been received from the neighbors because of this situation. Our Health Officer has indicated that it is an obvious health hazard. Can the owners be evicted because of it being unhealthy. `�- Mr. Brennan - Not on the basis of this action. What is before the Board is the public health aspect. Mrs. Walter - If we fill the pit with gravel and it does not alleviate the problem, where does that leave the Board? Mr. Brennan - If that dose not work than you can take action as to the town ordinance that you now have in effect or the commencementnan action of the Supreme Court. to obtain an injunction against the use of theppreem- ises. I would leave it up to the judgement of Mr. Ge-ilt or Mr. Lynn or others more familiar with this than I am as to what action would be appro- riate. Mr. Robertson - The direction is clear. The Board should direct the Highway -Superintendent in conjunction with Mr. Lynn and vt1,P;;q the advice of our attorney to sapply sufficient materials to try and abate the problem. 224 If that is unsuccessful than we have to comb back and look at the situation. Mr. Lynn - told the Board that just filling in the pit will not solve the problem. He explained how the system could be rebuilt. Mr. Robertson - Our counsel stated that we can not do that. Mrs. Walter - Does the Board feel that Mr. Gealt should go in and fill the pit? Mr. Robertson - I would like to leave it open ended. But we should direct Mr. Lynn and Mr. Gealt with the advice of the attorney to attempt to abate the nuisance. We should make it an order as the Board of Health and we will cross bridges as to how that iU to be done on the advice of our attorney. Mr. Brennan - I would consider that the Board, all in one resolution, that a public nuisance and condition detrimental to the public health does exist. I think you can order the abatement of that nuisance. I will specify the manner in which it is to be accomplished. I would like the opportunity to meet with Mr. Lynn and Mr. Gealt to talk to them about the condition and to explore the possibility of whatever alternatives might be available rather than have the Board mandate the manner in which it must be done at this junction. There may be alternatives that have not been adequately explored at this ppint. RESOLUTION AUTHORIZING TOWN COUNSEL TO MEET WITH ASSISTANT BUILDING INSPECTOR AND HIGHWAY SUPERINTENDENT TO CONSIDER WAYS TO ALLEVIATE HEALTH PROBLEM ON WILSON PROPERTY OCCUPIED BY GROVENBURG FAMILY RESOLUTION NO. 204, introduced by Mr. Eisenhart who moved its adoption seen nded by Mr. Robertson. Resolution is not available ..at this time, but is forthcoming from Town Counsel and will be found on Page__�-JL`f �. Hearing closed on Wilson-Grovenburg property. Hearing opened on Health problem on property owned by Eleanor Backon. Property on 333 Ridge Street is the property with the Health problem. Mrs. Walter - I would like the Board to adjourn this hearing. Mrs. Backon tried to solve the situation by having the system pumped. This was . not the answer to the condition. This is not Mrs. Backons residence. She has people who rent there, they will be leaving the prw--aises on the 15th day of July, at that time she would like to go ahead with some kind of reconditioning of the septic system on the lot. She would like more time, ahe would like the rentors to leave the property before she undertakes the problega. RESOLUTION TO ADJOURN HEARING ON BACKON PROPERTY RESOLUTION NO. 205, introduced by Mr. Eisenhart who moved its adoption seconded by Mr. Robertson. RESOLVED, that the Board of Health (Town Board) adjourn the hearing on the Backon property (333 Ridge St. ) to August 12, 1980 allowing the � owner to have ample time to reconstruct the septic system on that prgerty. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs. Walter. Noes : None Absent: None. 2i5 The public hearing was declared adjourned on the Backon property. The public health problems have been adjourned and now the Board will convene as the Town Board of the Town of Queensbury. Public hearing opened on a Mobile Home application submitted by Jeffrey Sherman. The Board had some questions for Mr. Sherman. It was assumed that the basic hardship is that his father lives nearby and need ome attention. } No one spoke for or agaiinst the application other than Mr. Sherman. Hearing declared closed. There were two .other mobile homes listed under communications. Mrs. Walter asked that they be considered at this time. The first application is for a Clarence Palmer to locate a mobile home on Burch Road, (East Side) . Mr. Palmer stated that he will purchase a mobile home contingent on the board approving his application. Mr. Palmer - There is a change. I have purchased a mobile home for that property. A 1976, 14 x 64. Attached to Mr.Palmer' s application is a list of nearby property owners who have no objection to his placing a mobile home on this lot. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 206, introduced by Mr. Olson who moved its adoption seconded by Mrs. Walter. WHEREAS, Clarence R. Palmer 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 Burch Road (East Side) , 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 22, 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. 0§son, Mr. Eisenhart, Mr. Morrell, Mrs. Walter. Noes : Mr. Robertson. Absent: None. The next mobile home application to be discussed is that of Mr. Jack Bethel who is living in a mobile home on Homer Ave. The Town Counsel was to look at this application and report back to the Board. We have received a communication from the attorney. Our counsel finds nothing in the ordinance which would justify the legal conclusion 216 that the Town Board may not properly grant a revocable permit to an individual applicant who is not the owner of a mobile home located outside of a licenses mobile home court. It refers back to our ordinance which does give the Town Board some constraits regarding hardship. Mr. Robertson - Therein lies the past practice of this board, that we have never felt that it was a hardship, that there was any hardship justified in a rental property based on an owner owning a trailer or placing the trailer in the town. There is no justification for hardship. It is a business proposition, it is a money making proposition as far as the owner is concerned and I realize the individuals who want to rent have a different circumstance, but is has been the position of this Board that that was not a sufficient hardship. j Mr. Bethel - I work part time and my wife is laid off. Ittihink that is hardship enough. Mr. Robertson - that mobile home has been there for some time. It had a different set of owners and a different set of circumstances. I do not want to go through the charades of public hearing when in my mind there is no justification for the application. Mr. Olson - We do have a problem in that: these people have bben living there for some time and they may have some problem in finding a place to live. Mrs. Walter - It was called to our attention by the Building Inspector' s office that they have been living there illegaly. The attorney informs me that we have been in violation of the Mobile Home ordinance for some time regarding the tenants, or the owner. Mr. Robertson - I am going to offer a resolution to deny a public hearing to be resolved one way or another either positive or negative. The Board has to face the issue one way or another. RESOLUTION TO DENY PUBLIC HEARING ON THE MOBILE HOME APPLICATION OF JACK BETHEL TO OCCUPY A MOBILE HOME ON HOMER AVE. RESOLUTION NO. 207, introduced by Mr. Robertson who moved its adoption seconded by Mr. Eisenhart WHEREAS, the Town Board has received an application of Jack Bethel to occupy a mobile home on Homer Ave. in the Town of Queensbury and WHEREAS, Mr. Bethel has occupied this mobile home for several years in violation of our Mobile Home ordinance basically because he has been a tenant in this mobile home owned by Robert Bernard, now therefore be it RESOLVED, that a public hearing be denied the applicant on the grounds that there is no hardship shown and that the application is in violation of our Mobile Home ordinance of the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs. Walter. Noes: None. Absent: None Mr. Olson - Now that the application has been denied, is it possible that we can grant them a period of time that they can stay there till they find a place to live. Mr. Bethel - I was given a paper that the permit goes with the occupant not to the mobile home. Mrs. Bernard - stated that the lot is only good for a mobile home, why should we be forced to move it out. Mrs. Walter - Mr. Lynn, the Board has indicated that they do not care ter see a mobile home permit granted to these people and we are looking for the mobile home not to be ont-the lot, we are not giving no particular amount of time that they have to be out of the mobile home, but after several months time please check into the situation and report back to the board as to exactly what is happening at that particular lot on Homer Ave. Mr. Robertson - What I have said basically, that there is no hardah6p shown when the owner wants to rent the property. That is all I have said. I do not necesaarily say that the mobile home has to be moved or a whole lot of other things but I am saying as a matter of record for myself on this board that rental is not a hardship for mobile homes. I can not force them to remove the mobile home nor am I saying I would not entertain a resolution if they were the owners of that mobile home. I can not set the precedence of hardship in rental of mobile homes in this town. I think it opens Pandora' s box to a bundh of situations that we have no legal control over. Mrs. Walter - What is the Concensus of the Board? No hardship has been shown here. Will we permit the mobile home to stay there with nobody in it? Mr. Olson - I understand what Hammond has stated. The applicant should be the owner. You judge that persons application on their needs or wants. Maybe these people can work out an agreement with the owner, maybe purchase this mobile home. Mrs. Bernard - read part of the ordinance to the Board. Mr. Robertson - If you read that very closely it is talking about planing a mobile home on land that is owned by sombbody else. Mr. Brennan - In relation to your statement regarding the "ownership in fee". The only t*me you have fee ownership is in real property. The fee ownership, what that refers to is the ownership of the land. It has nothing to do with the ownership of the mobile home, it is ownership of the land. What the j 3rovision says is that you do not have to be the owner of th*and, in fee. _Jf someone owns a mobile home and wants to put it on apiece of realty owned by someone else, they make application as long as they produce a lease or written permission from the owner of theiland that in fact they are consenting to have that mobile home located on the property. Mrs. Bernard - Can you explain hardship to me. Mrs. Walter - It is the Boards prerogative to define hardship. I P $ s t is a set P of varying circumstances. I am not very capable to explain all the hardships that exist. I declare the public hearing closed. What does the Board want to do in regard to the Sherman application? RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 208, introduced by Mr. Eisenhart who moved its adoption seconded by Mr. Olson. WHEREAS, Jeffrey Sherman has made applicatbn in accordance with paragraph (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 tolocate a mobile home at property situated on Rhode Island Ave.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 insaaid application and at said public 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 Jeffrey Sherrpan to locate a mobile home at property situated on Rhode Island Ave. and that the Building Inspector 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, Mr. Eisenhart, Mrs. Walter. Noew: Mr. Morrell, Mr. Robertson. Absent: None. RESOLUTION TO MOVE INTO EXECUTIVE SESSION RESOLUTION NO. 209, introduced by Mr. Olson who moved its adoption seconded by Mr. Robertson. --� RESOLVED, that the Town Board of the Town of Queensbury move into Executive Session for the discussion of personnel. -� Dul+dopted by the following vote: Ayes: Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs. Walter. Noes: None. Absent: None RESOLUTION TO RETURN TO REGULAR SESSION RESOLUTION NO. 210 introduced by Mr. Robertson who moved its adoption seconded by Mr. Morrell. RESOLVED, the Town Board of the Town of Queensbury reconvene in regular session. Duly adopta4 by the following vote: Ayes : Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs. Walter. Noes: None. Absent: None. RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 2111 introduced by Mr. Robertson who moved its adoption seconded by Mr. Morrell. RESOLVED, that the minutes of June 24th and June 30th be and hereby are approved. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs. Walter. Noes: None. Absent : None. a RESOLUTION TO ENTER INTO CONTRACT FOR ENGI"NEERING SERVICES RESOLUTION NO. 212, introduced by Mr. Robertson who moved its adoption seconded by Mr. Morrell RESOLVED, that Frances J. Walter, Supervisor of the Town of Queensbury, on bdhalf of the Town, is hereby authorized to enter into contract with Charles H. Scudder, P.E. for engineering services in the formation of the Sherman Ave Water District at a cost not to exceed $22850.00. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs. Walter. Noes : None. Absent: None. This is to provide the board with information to go to public hearing for the Sherman Ave Water District which we hope to get under construction by late summer or Fall of this #ear. ` RESOLUTION TO TRANSFER FUNDS aESIQLUTION NO. 213 introduced by Mr. Robertson who moved ita adoption seconded by Mr .. Eisenhart. WHEREAS, the Town of Queensbury Water Department has acquired the calcu]$ror from the Accounting Department, NOW, THEREFORE BE IT RESOLVED, to transfer $100.00 from SW1-8310.200 Queensbury Administration, Equipment to the Supervisors A1220.200 Equipment account. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs. Walter. Noes: None. Absent: None. RESOLUTION AUTHORIZING BUS GRANT AGREEMENT RESOLUTION NO. 214 introduced by Mr. Olson who moved its adoption seconded by Mr. Morrell. WHEREAS, Warren County is participating in a New York State Division for Youth Special Delinquency Program, by establishingaan intra-County Youth Bus Program, and WHEREAS, a financial reimbursement program has been proposed by the Warren County Youth Board, be it RESOLVED, that the Supervisor of the Town of Queensbury is hereby authorized to enter into an agreement between the County of Warren and the Town of Queensbury whereby the County of Warren shall provide the Town of Queensbury with a base amount of $272. 14, plus an allowance of $.06 per youth which equals a total of $648.58 Duly adopted by the following vote: ,,—.syes : Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs. Walter. Noes : None. -- Absent: None. Discussion held before resolution. Mr. Hansen the Recreation Director explained the grant to the Board. This money is only for transportation. RESOLUTION TO APPOINT PATROLMAN 220 RESOLUTION NO. 215 introduced by Mr. Robertson who moved its adoption seconded by Mr, Eisenhart. WHEREAS, there is an opening for a patrolman in the Queensbury Police Department, ' and WHEREAS, Chief Charles Judkins has made known to this Board that Steven W. Bott is quailified and does receive his recommendation to fill such a position, NOW, THEREFORE BE IT RESOLVED, that this Board does hereby appoint Mr. Steven W. Bott temporarily of Little Falls, New York as a patrolman, salary of $11,661.00 effective appointment date of July 14, 1980. Duly adopted by the dollowing vote: Ayes : Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs.- Walter. Noes; None. Absent: None. RESOLUTION TO APPOINT PATROLMAN RESOLUTION NO. 216 introduced by Mr. Robertson who moved its adoption seconded by Mr. Eisenhart. WHEREAS, there is an opening for a patrolman in the Queensbury Police Department, and WHEREAS, Chief Charles Judkins has made known to this Board that Ernest F. Lavine is qualified and does receive his recommendation to fill such a position, NOW, THEREFORE BE IT RESOLVED, that this Board does hereby appoint Mr. Ernest F. Lavine of 24 Lupine Lane, Town of Queensbury, New York as a patrolman, salary- of $11,561.0 effective appointment on or about July 21, 1980. Duly adopted by the following vote; Ayes : Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs. Walter. Noes: None. Absent: None. The following resolution was not on the agenda - Board has no objections in placing it on the agenda. RESOLUTION TO APPOINT SERGEANT RESOLUTION NO. 217 introduced by Mr. Robertson who moved its adoption seconded by Mrs. Walter. WHEREAS, there is an opening for sergeant irk the Queensbury Police Department, and WHEREAS, Chief Charles Judkins has made known to thi&sBoard that Larry J. Cleveland is qualified and does receive his recommendation to fill such a position, NOW THEREFORE BE IT RESOLVED, that this Board does hereby appoint Mr. Larry J. Cleveland of 28 Smith Street, Warrensburg, New York as a sergeant, salary of $13,257.00 effective date July 14, 1980. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs. Walter. Noes: None. Absent: None. Mr. Robertson - As a matter of discussion for the press and public this was the discussion that was held in Executive session with Chief Judkins, the matter of these thred appointments. Mrs. Walter - We are not increasing our police force, rather, we are replacing two patrolman who have resigned, one of them being a sergeant. RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF PROPOSED LEASE AGREEMENTS RESOLUTION NO. 218, introduced by Mr. Olson who moved its adoption seconded by Mrs. Walter VREREAS, in connection with the operation of the summer recreation program . by the Town of Queensbury, Harold Hansen, Queensbury recreation director, _,.s recommended to the Town Board that recreation activities be provided in t ; various areas in the Town, and WHEREAS, the town of Queensbury presently is not the owner of lands in these various areas of the Town that would be suitable for recreation activities ri to be conducted by the Town of Queensbury Recreation Department thereon, and WHEREAS, Harold Hansen has made tentative arrangements, subject to the approval of the Town Board, with the owners of certain lands, in North Queensbury, South Queensbury, West Glens Falls and Bay Ridge, respectively, to lease said lands for use in connection with the Town' s summer recreation program, and WHEREAS, Harold Hansen has recommended to the Town Board that the Town of Queensbury lease said lands for recreation purposes for the period from June 23, 1980 to August 15, 1980 and TJiEREAS, Harold Hansen has informed the Town Board that he has inspected these five parcels of land and has found each to be suitable and appropriate for recreational purposes, and WHEREAS, Joseph R. Brennan, Counsel to the Board has prepared proposed written leases copies of which will be on file with thie resolution relative lative to e th leasing of these five parcels of land under the terms and conditions specified therein, and WHEREAS, it would serve a legitimate Town purpose to provide summer recreational programs in North Queensbury, South Queensbury, West Glens Falls and Bay Ridge, and WHEREAS, the terma and- conditions seb forth in each of the proposed leases appear to be reasonable, NOW, THEREFORE BE IT RESOLVED,L'that the Town of Queensbury enter into written lease agreements with the rewpective owners of the aforesaid five parcels of land for the period from June 23, 1980 to August 15, 1980 under the terms and donditions of the proposed lease agreements anneaed hereto and that are on file with thie resolution, and be it further —.?SOLVED, that Frances J. Walter, Supervisor, be authorized and empowered to execute said leases on behalf of the Town of Queensbury, and be it further RESOLVED, EhAT Upon execution of the lease pertaining to the Bay Ridge area by Mrs. Elva McDermott, owner of said premises, $100.00 be paid by the Town of Queensbury from the appropriate account to Mrs. McDermott for the lease of thisproperty. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs- WALTER . i Noes: None. Absent: None RESOLUTION TO RECOGNIZE QUEENSBURY POLICE ASSOCIATION RESOLUTION NO. 219 introduced by Mrs. Walter who moved its adoption seconded by Mr. Olson WHEREAS, Michael R. Greene of the Town of Queensbury Poilce Department has delivered to the Town Board of the Town of Queensbury, a written authorization and designation for representation, authorizing and designating the Queensbury Police Association as the employee organization to enter collective bargaining on behalf of the Queensbury Police Department, pursuant to Article 14, Section 208 of the Civil Service Law, and WHEREAS, said authorization and designation has been executed by the Queensbury Police Association as the employee organization representing the permanent policemen of the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby recognizes the Queensbury Police Association as the exclusive bargaining agent for the police department of the Town of Queensbury for the purpose of collective negotiations and settlement of grievances with said town. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs. Walter Noes : None Absent: None Mrs. Walter - This was done a few years ago,, when the Police Department had just eight men, now it has been expanded and they would like the Town Board to reaffirm that organization. _ Regarding signing a contract for the Office of the Aging. The Office of the Aging would like a signed contract between themselves and the Town of Queensbury involving $4004.00. This a 50% matching fund. RESOLUTION TO AUTHORIZE SIGNING ON CONTRACT BETWEEN OFFICE OF THE AGING AND THE TOWN OF QUEENSBURY RESOLUTION NO. 220, introduced by Mr. Eisenhart who moved its adoption seconded by Mr. Robertson. This resolution will be forthcoming from Town Counsel and will be found on page 1a Mr. Brennan - informed the Board of property owned by Arhur H. Smith on Rhode Island Ave. Mr. Smith had a fire and restored the burned out residence and built a new home on it on the assumption that the foundation was built on the property of which he was totally the owner. A portion of the residence was actually on a lot owned by an individual named Arthur Bradley. The taxes on the property formally owned by the Bradleys has not been paid for several years as a result of which Warren County has taken titlit to this adjoining property. Mr. Smith has attempted to procure title ;. to the property from Warren County. Unpaid taxes are in excess of $2100.00. Warren County has no objection to conveying the property to Mr. Smith upon the payment of the back taxes. I was not able to comprehend why the matter had to come before the Queensbury Town Board. I have been informed by Resolution NO. 129 of 1974 adopted by the Warren County Board of Supervisors which authorizes the County Treasurer to sell tax sale properties. This resolution provides the County Treasurer convey the interest of the county acquired through a tax sale in the following order: No. 1, to the last known owner of the parcel upon such owner notifying the Treasurer in writing of his desire to pay back taxes including all penalties, interests and other charges and purchase the counties interest. Mr. Fane informs me that he has obtained a certificate from Mrs. Bradley that she has no interests 1k paying back taxes. The priority of the Warren County Board of Supervisors resolution then providesjthat to the respected town in Warren County, a parcel situate in the town,upon �the delivery to the County Treasurer of a resolution of the Town Board,requesting the County Treasurer to sell and convey the counties interest in the parcel to the town , and third is to sell in public sale to the highest bidder all the remaining parcels on a proposed list prepardd by the County Treasurer. It is the position of Warren County that they will not convey this property to Mr. Smith or anyone else without receiving notification from the town of Queensbury that the town is not interested in acquiring ownership in the particular parcel of land. Lot is 120' x 100' . Mrs. Walter - Why haven't I heard about tkis piece of land? ,—Mr. Brennan - I have no idea. It came to attention late ..` y yesterday afternoon. Mrs. Walter - I recommend that we look further into this situation before e take any acthn at all. The Board concurred with Mrs. Walter' s wishes. Communications: Letter from D.O.T. read by Clerk regarding speed limits in the June Drive, Carlton Drive, Schoolhouse Road and Luzerne Road. A letter was read by Clerk from Mrs. John Tabner asking for a No-Parking zone near the area of the Sans Souci restaurant in Cleverdale. Letter is to be referred to the Police and Highway Department for their comments of which they will pass on to the Town Board. Reports: Town Clerk and Building and Zoning reports are available and will be placed on file in the Town Clerk' s office. The owner of the Motel on Route 9 who has complained about the noise at previous Board meetings provided the Board with a copy of a Noise Ordinance of another town. Mrs. Walter - We will look into the possibility of adopting our own Noise Ordinance. Our volume of business has bban so great that we have not had the time to do anything as yet. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 221, introduced by Mr. Robertson who moved its adoption seconded by Mr. Olson. RESOLVED, that Audit of Bills as listed on Abstract 80-7 and numbered 1084 through 1229 and totaling $ 78,319. 10 be and hereby is approved with the exception of Audit No. 1172 in the amount of $37.58 changing total to $78,281.52. Dula adopted by the following vote: Ayes: Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs. Valter. Noes : None .,_-)sent: None. On motion the meeting was adjourned. Respectfully Donald A. Chase Town Clerk Town of Queensbury 224 RESOLUTION TO AUTHORIZE EXECUTION OF CONTRACT WITH COUNTY OF WARREN RE 'TRANSPORTATION SERVICES FOR SENIOR CITIZENS RESOLUTION NO. 2;LO introduced by Mr. Eisenhart who moved its adoption sedonddd by Mr. Robertson. WHEREAS, the Town of Queensbury has contracted for certain transportation services to be provided to its senior citizens,and WHEREAS, certain matching funds are available through existing programs for payment to the Town of Queensbury to the County of Warren of a portion of the cost of said transportationifaciliti,es for senior citizens and WHEREAS, the Warren County Board of Supervisors has authorized the j execution of a contract between the County of Warren and the Town of Queensbury under the terms of which and as specfied therein the Town of Queensbury will receive payment from the County of Warres of a designated portion of expenses incurred by the Town of Queensbury in pro- viding transportation to its senior citizeris , .and WHEREAS, a copy of said proposed contract between the Town of Queensbury and the County of Warren is annexed hereto,, and WHEREAS, Joseph R. Brennan, Counsel to the Board, has informed the Board that he has reviewed the contract and finds the same to be proper in all respects , and WHEREAS, it would be beneficial to the Town of Queensbury to receive from the County of Warren a certain portion of the expenses incurred by the Town of Queensbury in providing the aforesaid transportation services to its senior citizens , NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury enter into a written contract with the County of Warren under the terms and conditions specified therein, and r be it further RESOLVED, that the Town Supervisor be and she hereby is authorized to execute said contract and to deliver the same to the appropriate officials of the County of Warren. Duly adopted by the following vote : Ayes : Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs. Walter. Noes: None Absent: None. RESOLUTION TO ABATE NUISANCE RESOLUTION NO. 204, introduced by Mr. Eisenhart who moved its adoption seconded by Mr. Robertson. ` J 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 j the Town of Queensbury, of the existence of conditions at the premises .J now of formerly owned by Earl Wilson, and now allegedly in the care of the occupant of said premises , a Mrs. Grovenburg, situate on Indiana Ave, in the Town of Queensbury, Which, in his opinion, constitute a nuisance and are detrimental to the public health, and WHEREAS, Dr. Dier has informed the Town Board, as the Local Board of Health of the Town of Queensbury, that said cond ons 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 informed that the Local Health Officer of the Town of Queensbury has previously provided to Mrs. Grovenburg a written notice to correct and cause the abatement of the aforesaid conditions and that no such corrective action has been'taken, and WHEREAS, the Town Board , as the Local Board of Health, has caused a written notice to be served on Mrs. Grovenburg that a public hearing would be held by the Town Board, as the Local Board of Health, concerning the alleged existence of conditions purportedly amounting to a public ; nuisance and as being detrimental to the public health, 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, to consider and for a determination concerning the existence of the alleged conditions 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 detrimental to the )ublic health in accordance with the provisions of Article 13 of the Public "—Health Law of the State of New York, there being further notice to Mrs. Grovenburg that any expenses incurred by the Town of Queensbury in connection with the abatement of said condition could bec0ime a lien against the property if reduced to judgement, and WHEREAS, said hearing was held by the Town Board, as the Local Board of Health, at the scheduled time and place, and WHEREAS, all persons interested in the subject thereof were heard by the Town Board and WHEREAS, the Town Board, as the Local Board of Health, was informed at said hearing of the continuing existence of the conditions described above at said premises, and that such conditions constitute a health hazard and are detrimental to the public health, and ' 4HEREAS, it would appear that action to abate said conditions is required in the public intevest, NOW, THEREFORE BE IT RESOLVED, that the conditions at the aforesaid Indiana Avenue premises be determined a nuisance and condition detrd6engal to the public health and it is hereby ORDERED, that the Queensbury Highway Department enter upon said premises and remove and abate said nuisance and conditions determined to the public health after consultation with the Town Counsel as to the law applicable to the proper manner of abatement of said condition and be it further ORDERED, that a precise record of all expenses incurred in connection with the removal and abatement of said nuisance and conditions detrimental to the public health be prepared and maintained by the Queensbury Highvay Department. Duly adopted by the followigg vote: "--Ayes: Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mr. Robertson, Mrs. Walter. Noes: None. Absent: None.