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1989-05-23 TOWN BOARD MEETING MAY 23, 1989 7:35 P.M. BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPERVISOR MARIL YN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN BETTY MONAHAN-COUNCILMAN BOARD MEMBER ABSENT GEORGE KUROSAKA-COUNCILMAN TOWN ATTORNEY PA uL D USEK TOWN OFFICIALS Rick Missita, Harry Hansen, Lee York, Dave Hatin, Robert Eddy, Dr. Eisenhart, Kathleen K uthe PRESS: G.F. Post Star, Channel 8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA SUPERVISOR'S PRESENTATION SUPERVISOR BORGOS presented and read Letter of Recognition to Eric M. Rist of Troop 13, Mohican Council, Boy Scouts of America. SUPERVISOR BORGOS presented and read Resolution Number 224 of 1989, Resolution of Appreciation to Or. James Ingalls and Mrs. Flora Ingalls. DR. JAMES BLAKE, Luke George-Dr. James Blake, succeedin_q Chairman of the Advisory Committee for Luke George, read letter of Appreciation on behalf of Committee to Dr. and Mrs. Ingalls. Dr. Bloke spoke to the Town Board concerning the rising expenses of those that own property around lakes. Noted he felt the rising expenses has caused many to move away. COUNCILMAN MONAHAN-Would like to commend and thank Dr. and Mrs. Ingalls for the many hours of dedication over the years and their efforts made on the part of the Town of Queensbury. DR. EISENHART, Town Historian, Chairman of the Queensbury Bicentennial Committee-The committee decided to involve the younger people of the Town of Queensbury in the celebration by holding on essay contest, an essay bused on twenty-five items from the Bill of Rights. Noted that this year, 89, is the start of the two hundred development of the Bill of Rights. Chose ten papers and have the top three winners here tonight with us. Recognized the three winners. First runner up, Eurie Lee, second runner up, Jeff Stratford and the winner of the contest, Christie Farrel. Would like the number one winner to read her essay. (Ms. Farrel read her essay on Capital Punishment) SUPERVISOR BORGOS-Recognized, congratulated and presented to the three winners a Letter of Congratulations for their excellent efforts and noted that their prize check will be forthcoming. DR. EISENHART-Thanked the Town Board for entrusting the Committee with the pleasant task of celebrating the two hundredth anniversary. I've appreciated and enjoyed the opportunity of bein_q a part of the Bicentennial Committee. Thanked the Committee members and recognized the present members. PUBLIC HEARING -PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING DOCKS 8:05 P.Al. NOTICE SHOWN SUPERVISOR BORGOS-Read note from Town Clerk. This says, the Planning Board agrees to the Town Board being lead agency for the ...the amendments to the Zoning Board concerningq docks and marinas. Moved by Mrs. Mann, seconded by Mr. Cartier and passed unanimously. The Planning Board instructs its staff to inform the Town Board they would like more time to review the proposed implications before making a recommendation. That is part of the recommendation that our attorney gave to me this afternoon, was that recommendation that we would conduct this public hearing tonight to take input but he would recommend no action this evening. Pending on analysis of what happens tonight, what the input is, and then this other input which should come today or within the next several days, or a week perhaps. 3oS E So perhaps there can be some action there. So with that said and with the fact that this has been publicized and advertised. 1 think we can go ahead, anyone who wishes to speak for or against the proposal, which very simply is this. This is the change from the rules and regulations that currently exist to make them the some as the regulations, I believe they make exactly the some as the regulations of Lake George Pork Commission. Is that right? ATTORNEY DUSEK-No. The twist of the .... to re-define the definitions in our ordinance to bring us bock in the position that we were in, in the previous ordinance concerning the docks. Effectively the revisions although they don't, you won't see the word allow to rental dock but that is one of the things that these regulations... SUPERVISOR BORGOS-They permit each parcel of property to hove one dock rental space. We worked through a whole variety of variations. The reason behind this was that many people have approached us and called us saying, that for years, perhaps twenty or thirty or thirty-five years, they have rented dock space on Lake George and they hove become almost part of families in many cases. Now under the new rules and regulations which took effect October 1st, they feel like criminals because they would no longer be legally allowed to rent a dock space. There is obviously a question of enforcement. Could we really, truly enforce any of these things and it is probably unrealistic if we could, but none the less, the people would prefer to follow the low. That is what brought about the recommendation that we change the regulations to permit continued leasing of the one dock space per parcel of property. That's the bottom line what the changes ore intended to say. But obviously this is a public hearing, we would like to hear from the public, what you hove to soy. COUNCILMAN MONAHAN-Steve could I ask the Attorney for a point of clarification before we start? SUPERVISOR BORGOS-Sure. COUNCILMAN MONAHAN-It occurred to me, because I hove most of the bodies of water in Queensbury except the Hudson River within my word, that we've been zeroing in on Lake George. Our publicity has been on Lake George and some of the Lake George Park Commission. But Paul it has occurred to me, by changing the definition, we're going to make these apply to any docks on any body of water, where docks ore permitted under site plan review. A T TOR NE Y D USEK-That is correct. COUNCILMAN MONAHAN-Alright. Steve, realizing this that this is probably so, I asked Mrs. York as our Senior Planner to please tell us the zones that this would apply and what areas of the Town of Queensbury that this is going to apply because I think it is going to have a bearing on how we address this. SUPERVISOR BORGOS-Okay, if no one objects, we'll have Mrs. York speak first and maybe this will give you some more ideas of what to mention. LEE YORK, Senior Planner-(Presented colored zoning mop) What I did just to make it a little more visual was color the mop. There are six zones where docks are regulated in the Town of Queensbury. Basically these are the zones, not all the areas have bodies of water but the effected areas would be primarily be along Loke George, down the Dunham's Boy area. They don't hove docks on Sunnyside, do they Betty? COUNCILMAN MONAHAN-We have docks. MRS. YORK-Okay, Sunnyside, Glen Lake, and this area is over developed, there could be potential for that, and along the Hudson River. SUPERVISOR BORGOS-Maybe you should turn that around so that the public can look at i t. COUNCILMAN MONAHAN-Lee, I was thinking we could hung it up here in the front. SUPERVISOR BORG OS-You ore saying that everything in the pink color essentially could hove docks. MRS. YORK-Yes, in the ...zones. SUPERVISOR. BORGOS-If there were bodies of water. AIRS. YORK-Yes, absolutely. COUNCILMAN POTENZA-Well yea, but they're not bodies of water. We hove three bodies of water. We hove Sunnyside, we have Glen Luke, we hove Lake George. SUPERVISOR BORGOS-And the Hudson River. COUNCILMAN MONAHAN-And Round Pond. COUNCILMAN POTENZA-Well we don't have docks on them. COUNCILMAN MONAHAN-Well they still legally can hove docks on Round Pond, they're permitted under our zoning. They are permitted in all the zones that we mentioned... AIRS. YORK-What 1 did beyond that was call the Park Commission because you have talked about being consistent with the Commission. I had a discussion with their staff. What they do now is allow the rental of one dock space to a non-member of the family and this is classified as a class B marina and must be registered. The registration requirements are, one, that the marina has a sufficient property for the pavement. So if you rent your space, you will hove a parking space for the person. Two, that you have a rest room for the patron. Three, thot there is on uppropriate location to deposit trash. Four, if it comes out, the facility is required that you con supply that service and require that the rental is consistent with local zoning. If the individual con meet those criteria then they ore given a permit that is placed on the dock and if there is any complaints by the neighbors, then the Commission reviews that and con impose conditions or discontinue the permit. Mr. Parker whom I talked with suggested that the Town be consistent with the Commission on dock rentals and possibly set up a compatible system where by the applicant would just make one application to both jurisdictional areas. So that was requested by Mrs. Monahan. COUNCILMAN MONAHAN-Thank you Lee. SUPERVISOR BORGOS-In essence that's similar to the memo I hove from Pot Collard a couple of weeks ago, indicating what the rules and regulations were of the Pork Commission. So although we didn't frame it exactly the some way, essentially the Pork Commission permits one rental space and our revision is proposed to permit one rental space. Is that correct? ATTORNEY DUSEK-At the time thut we implemented this, if you recall, the time margin within that we were working was such that we wonted to come up with a new...quick fix, sort of speak, which is why I designed it the way I did. The clause had always been that we ore anticipating a major amendment to the ordinance at which time this could be further explored. At least at that time that was the theory that we were looking at. HAMMOND ROBERTSON-1 am Hammond Robertson, I do reside in Cleverdole, the northern part of Queensbury. Alot of the things I wanted to discuss hove actually already been discussed but I would like to emphasize because there is a real purpose of my appearing. I'm fully aware of the all the discussions that went on with the Lake George Park Commission and how it arrived there, although I didn't take part of them, I was certainly privery to what was going on. I have no problem with having single dock rentals. I do not have any problems at all with that, they've existed, they're real. I think the issues that ore brought up, that have been mentioned here tonight however do deserve some very serious consideration. My plea was to be, that you do stop and think before you act and if necessary even take the time to have a second public hearing because its been my experience that as you relax things, you can still have controls much easier than to take carte blanche, as what I see the change and definition to be, and then suddenly try to re-impose the controls bock on. Let me touch on o couple of issues that were mentioned in the Pork Commission, but they are very important to me. First parking. Unfortunately rental boats ore a great ... of cars. Its not unusual to hove two cars per bout. Family comes up, lets hove a friend, lets go for a picnic, and that is every weekend, at the time when we ... the Board to hove parking problems. So 1 don't think it is unreasonable that when you permit this that you make a requirement some way, some how, that this person demonstrate that they hove adequate parking or if it becomes a problem, you'll have a way to control. The sonitotion and the waste I won't throw out the window but in my experience in living on the lake for a number of years, ore relatively minor problems. However its nice to have the control, its nice to hove something from a practical stand point and having sot where you people are, listening to complaints, its nice to have a handle that says okay, I con do something about it besides call the sheriff and try and get police enforcement. That is really not always the way to go. I think the lost thing'is and Mrs. Monahan touched on that and I noticed Mrs. Potenzo raised her eyebrows, believe me, in my experience, the access to the water is becoming a greater and greater and greater problem in this Town us in every other. While its not present on Glen Loke now, while its not present maybe on Round Pond or the Hudson River, I will guurontee within the next few years it will become a very real problem. As you put this ordinance together, you should look at the implications and get ahead of the problem for once and hove some control over it rather than try and react to a bad situation. So I urge you, most sincerely, to take a look at using a slightly different system of implementing what you wont to achieve. I hove no problem with it and I don't think very many people in the room do have a problem with single dock rentals. But if you have a handle on it, you ore much better off. Thank you. SUPERVISOR BORGOS-Thank you. COUNCILMAN POTENZA-Con I ask you a question Mr. Robertson. Do you agree with the Park Commissions regulations on dock rental on the lake? I mean, does the County agree with them? MR. ROBERTSON-The basic premise of dock rentals, yes, i supported that. COUNCILMAN POTENZA-Because my support oil along is not to have, in County government and Town government, one hand fighting the other. I think we should be consistent with what we allow on the lake and that is what I think we tried to implement with the resolution and the present public hearing, that if there is a concern with what we want to implement that it is going to back fire, because we wont to work together on this. MR. ROBERTSON-Let me respond to that Mrs. Potenzo. What I said to you, is I do not object to the concept of single dock rentals. I have no problem with that. I am saying that if you change the definition and walk away from it, you have given everybody torte blanche and you lose the handle. If you listen to the Lake George Park regulations, they put some of the t some conditions that I'm talking about on. They wont to look at parking. The whole philosophy and I agree with you, we should not be fighting each other. My whole fight in the reconstitution of the Lake George Park Commission was that zoning belongs here, at the Town Board level. I express that most heartedly. I did not want the Lake George Park Commission involved in zoning issues. They got in with the dock and the dock fee right along on another level, r at another ... This to me is a real zoning issue, just as much as a home business, that somebody would come before you for an order for Orchard's Park or from Cottage Hill or from where _ . ever. I think you wont the some type of handle. Its a different problem, so you may hove to have different methods but I don't think you want to just say it is permitted and walk away from it. COUNCILMAN POTENZA-1 don't think that is what we are doing. If that was the implication r then... AIR. R OBER TSON-Thot is the reading that I get, if you look at that zoning ordinance, the changes that you propose, whole heartedl y, it says it is permitted and you walk away. That is what I read. Now I'm not a lawyer, I'm not anything else, but my experience has been that is the way the general public will read. Anything else? COUNCILMAN POTENZA-No, thank you. ATTORNEY DUSEK-When it was drofted, the thought that I had on my part, at least as for as Lake George is concerned, that they have the Luke George Pork Commission regulations ore already controlling. So they're going to hove to comply with those and our regulations are in addition to those. So as for us Luke George is concerned, certainly I think we had them covered by both sets of regulations. We adopt the Lake George regulations noting changes with respect from anything except that the applicant will also have to satisfy the Town of Queensbury but presumably if they satisfy Lake George Pork Commission, its going to be redundant. I think Mrs. York, the fact was raised that we shouldn't have redundancy in regulations between the Lake George Park Commission and the Town. Now I think some points have been brought up with respect to other outlining lakes and areas that Mrs. Monahan had brought up. l am not prepared at this moment to comment on whether the ordinance is in a satisfactory position to handle those type of issues that were raised by Mr. Robertson. Certainly I think the parking, the sanitary issues, things like that, could be looked at. There maybe some very easy ways to fix those items on this as well, perhaps further amendments that would address those issues. Perhaps the ordinance is satisfactory but I'm not right at this moment prepared to address that port of it. MR. MICHAEL O'CONNOR-My name is Mike O'Connor, I speak on behalf of the Glen Lake Protection Association. We try to be very careful when we say we speak on behalf of the Association. We haven't had a chance to discuss this in full with the Board or with the membership. So 1'd like to make just some general comments and then get back to the Board with some more input from the Association. It looks like you're not going'to take action on this evening which 1 think we're thankful for. I think there hos been some valid points mode that need further consideration, in particular as to Glen Luke because on Glen Lake, if you adopt this, this will be the Town or the authority that enforces it. There is nobody else that would be looking over somebodies shoulder. The Zoning office or the Building Inspector's office would be the only party that is involved. The comments that were made by Mr. Robertson as to parking, as to trash, would be a great concern to us, in seeing how that is going to be enforced on a Town level. I have a question in my own mind from a Zoning point of view. As I would understand it, that if somebody presently has been leasing a dock space, even if you change the ordinance in October of 1988, they will still be grandfuthered as a preexisting use of property. SUPERVISOR BORGOS-1 don't think ... maybe our attorney con address that. ATTORNEY DUSEK-Mike there is a specific section in the ordinance which eliminated grandfathering in connection with the rental of dock space. MR. O'CONNOR-1 would challenge that. We establish those rights by use. 1 don't think you would find it enforceable. You would not find it anymore enforceable then if somebody were using a piece of property across the street for a gas station and all of sudden your gentleman says you can't have gas stations over there. Simply because you're calling it by dock use, I don't think categorizes it out of that area, that you con eliminate it entirely by description. ATTORNEY DUSEK-There certainly maybe some legal argument. But just so its thereon record sort of to speak, I did in fact investigate that avenue and docks are in fact different then a major piece of land in not allowing a grondfuthered piece of land... But there is some case authority that would indicate that if the use that is, is relatively minor ... obviously this con be argued but the use of that nature, that it may be in fact knocked right out without any kind of grondfuthered provisions. I'm sure we con debate it but just to let you know there is enough there that it causes me to feel that in order to, plus in fact the ordinance says it, that it is my opinion that it should be revised opposed to just ignored. MR. O'CONNOR-Its debatable enough but I hate to see the Town spend olot of money on enforcement in that area when we hove other areas that we con spend our money on enforcement and maybe let the Town take all the time that it thinks is necessary to go about business and forms on regulations that are satisfied. People who hove rented in the past, I think could go ahead and rent to the extent that they had in the post. Then you may not hove the immediate hardship that some of these people think that there is, for the people that wont to rent this corning season. I would think that that would allow by attrition the ... for this particular use. Our particular problem might be, if we get into a real discussion on this, is that this is not something that is common on Glen Lake. But by providing for and by all economic terms and what not that ore coming to all different regulations on other bodies of water. You may be encouraging this on Glen Lake and Glen Lake is a small lake. It really doesn't have the space to double the number of boats that you hove on the lake or if you increase the number of boots by a third, if you only had some of the people renting out space. But us space becomes more expensive on other lakes, I think people ore going to have to look for outlets. If you put this in, its a blank check that you've written, for those people to go to Glen Lake and rent and be on the lake as much as anybody else. So I would ask the Board not to take action, I would ask the Board to perhaps when it does take action, consider Glen Lake and Round Pond and the portion along the Hudson River, that the Town will have to V enforce maybe separately from the state and put some rules and regulations in, if you are going to go along with ... COUNCILMAN MONAHAN-Mike, would you soy that, starting with lost summer, you started to see larger boats on Glen Lake then what has been there in previous years? MR. O'CONNOR-My observation is, we have larger boots on there then we've had in the post. Our observation is, we have more day users than we ever hod. We've got a particular problem with people who come on the lake for the day, because we don't have Encon or somebody that sets up sanitary facilities for those people to use. We've got a problem on the small island, that is pretty much unoccupied, its probably not as big as this room, except for people who wont to get off for a necessity stop, and something to that nature, and there can't be over four feet of ground cover on any port of that island, if there is that much. COUNCILMAN MONAHAN-1 do recall seeing o cruiser on that lake lost year and its the first time I've ever seen one. MR. O'CONNOR-They get tired quick though Betty. COUNCILMAN MONAHAN-No but I'm just wondering, Luke George rental space so expensive and everything, I think we do have to look at problems that maybe down in the future. COUNCILMAN MONTESI-Mike, one of the things that, I think Lee's group when they did the Master Plan over, initiated by saying no docks. That was going to be the standard. The concern was if we did hove dock rentals, we did authorize it, that it would be only encompassing on the Town, not only in Luke George but on all other bodies. It seem like we were encouraging something. I hove some concerns that, you know, Steve would like to make it legal for those that hove been doing it for years. I suppose that is a nice gesture. I wonder how many people are renting more than one, they're renting two dock spaces. Ham, you might have a handle on that. There ore plot of those. Are we going to make them legal too or just look away from them. MR. O'CONNOR-1 still think that even, under my argument, maybe Paul disagrees with me, that they would be legal even if this is outlawed. That is not inconsequential some of the rentals that are received from the one slip or if they've got two or three which is usually much more substantial. Maybe one avenue to look at is the particular provision of the ordinance that says, existing ore not going to be grandfuthered, allow existing to be grandfuthered, go around like DEC did, I'm not sure, five or six years ago, and register everything and make people register. One time we did with mobile home parks. We made people come in and register the units that they hud and the lots that were approved, so that they would be able to be grandfuthered us the new ordinance took effect. You could do the some thing. You may have to have some documentation that they're going to have to provide when they register so everybody doesn't just come in and register x, y, z, just to say themselves. That is another --nue that you could explore. It wouldn't be imploring a great hardship upon those who presently + end on it. It would be giving adequate notice to the people as to your future intention the way that you wont to go in the future. COUNCILMAN MONTESI-For those that ore grandfathered, still have to meet the requirements, ,Id you see that as a criteria? MR. O'CONNOR-1 don't think they would. You can't impose something on that is not grandfuthered us opposed to grandfuthered. That is the one thing about nonconforming uses. COUNCILMAN MONTESI-It is olot more complicated than just knowing that the Lake George Commission has used, it seems. MR. O'CON NOR-They're starting from new and that is where they are starting a little different than you ore. COUNCILMAN MONTESI-Well they didn't register them, they just said they'll allow one. What do they do with the person who has two or three? COUNCILMAN POTENZA-Its not allowed. SUPERVISOR BORGOS-In theory it is not allowed. I don't believe there is enforcement there ut the moment. COUNCILMAN MONTESI-It is hard to enforce because... FORNEY DUSEK-1 think I interpret the Lake George Park Commission rules a little different. nk basically that they allow any number of rentals so long as you meet certain qualifications. One is very easy to get. Anything over two maybe... SUPERVISOR BORG OS-Two or more. ATTORNEY DUSEK-Two or more becomes more difficult. They then have to comply, they then treat them like a mini morina basically and require alot of other things. Supposedly that is what controls the growth in that aspect, the numbers of boots on the lake. Another argument that I think should be considered is that in essence any person that meets the qualifications of the Lake George Pork Commission, can hove as many bouts on the lake as they would like. In other words, they do not limit. MR. O'CONNOR-Except that they thought the two would comply. If ours is stricter than theirs, ours would control. ATTORNEY DUSEK-Right. MR. O'CONNOR-Its like what Mr. Robertson said, we haven't given up our authority to them to impose local landings. If they have stricter laws, then they would have to apply. !--R VISOR BORGOS-Their regulations indicate that two or more would make it a commercial use. A commercial use is not a permitted use in any of our zones on the lake, other than the preexisting ones, as I understand it. Again the lawyers would do very well on this and ? years to resolve. The whole idea was to try to make some people not feel so pressured this summer because we don't believe that we had really intended to do what we had done —')is regard. We want to talk about it and bring it to public hearing. I'm hearing olot of interesting ideas. Mr. Hotin has assured us that he doesn't have time to go out on the lake every weekend or week, although it is in the law. Is there anyone else who wishes to speak related to this dock issue? We'd like to hear from anyone, give us a historical background or ideas of current situations. We'd be delighted. CHARLIE ADAMSON-Chorlie Adamson from Assembly Point. You mentioned historical. How this evening came about, is beyond me. About five years ago, Lake George Pork Commission passed a rule that said, any rental, any bout that didn't belong to the owner, was a marina. At that time, Queensbury's Ordinance was not, had no zoning ordinance. When it come time for Queensbury to have the ordinance, there was some of us that pleaded, at least lets try �1a to be consistent. That would hove meant that Queensbury, four or five years ago, whenever your original zoning ordinance was passed, would hove said no rentals. Okay, in other words, we would hove then, we would have arrived at lost fall, when you changed the ordinance. Now, lost full,, I was a bit curious. I went to a public hearing on the zoning. I talked about septic issues and they said they weren't covered. I said, are there any other issues on Lake George that I don't know about? The fault is mine, I hod not read everything in that. But .l would never hove found, this item about the docks because I never would have looked under miscellaneous. I would have looked under water front. Anyway, what happened is lost year the Lake George Park Commission reversed itself and Queensbury reversed itself. Now, you are reversing yourself bock again, so you ore consistent. I am basically opposed. I think the rental of even one dock space is commercial. i was brought up that way. The land I own has conveyance that talk about commercial uses and things like that. However, I'm realistic enough I think to realize that it makes sense on Lake George to allow one. But what makes more sense and the most sense is for the Pork Commission and Queensbury to say the some thing. I would agree with that one hundred percent. I think the question of grondfothering is an importoW otie. I gather that there is some possibility that the rental of two, three and _ four, could be outlawed. There is something in the low that says that there is some possibility of this. Well with what is happening, and has been happening in the lust couple of years, would think that this would be, a great step forward if this could be done. Now, you might wont to make where a legitimate rental that met a hardship, an economic hardship on somebody, you might want to allow a variance or something like that. But we're getting many marinas on these, they ore growing this year. We hove some that is unbelievable. I just think that, I would hope that the Town would study the possibility of non permitting rent of anything more than one, but one he would never grandfather. The other thing is, nobody has mentioned on aspect of this that really troubles me. We ore beginning to see the rental of dock space, not pretty for from me, a cruiser with people spending the night on their cruiser. Now this has never occurred to me. I guess I'm dumb. But until this happened lost year it never occurred to me that somebody would rent dock space and then spend the night on it and get up in the morning and shove and then pour the water in the lake. That was stopped, they don't do that anymore. Now if you ore going to allow this, it seems to me that you get over into something that is not intended by your ordinance. I think you get over into, in effect the guys renting the right to use your property and most of the properties up there ore single family. So you're getting double family use of property. I just don't know. Maybe there is some way, I would like to see the ordinance soy, there is no use of these twenty-four hour use of the boots. Its one thing to tie a boot up, its another thing to go up there Friday ofternoon with or without friends or children and spend it on a private piece of property one family, and you've got two families. As a matter of fact this one particular place has a boot on the other side, so you've got three families. One other point I would like to make is simply that, in terms of enforcement, I think we've got to be kind of realistic. (Taped turned) DR. JIM BLAKE-1 think it's time we're going to spoil it, if we don't control it. SUPERVISOR BORGOS-Thank you very much. Anyone else? Lost call. COUNCILMAN MONA HA N-Steve, when the public gets done, I'd like sometime. MR. HARRIS-Assembly Point. I'd like to ask a question. Whot do we go by now? Con we hove two boots, three boots, four boots? On Assembly Point, on the east side of Harris Bay, a couple of docks there advertise rentals, they've got two rentals there. A couple of docks I know, I hove a listing of the number of their boots and 11l1 hove their names shortly from Albany, they're going to call me on that. We also hove a problem on mooring. Out there on the lake, I go out at night to visit some friends, play cards and coming back there are a couple of moorings that are well over a hundred feet out and then there is ... on the end, there is no marking on them, there is no red, reflective tape on them, there is no blue tape on them, and I'm careful coming in because I know where they are, but somebody else is going to hit them one of these days. Shore Colony is one, Mr. Newell's dock is one, in front of the Billings dock is one, and in front of the water tower up there where that man built a fence all around his whole camp without a permit, there is one out there. I wonder who is going to be policing these or what rules and regulations do we have to go by now. SUPERVISOR BOR GOS-You've come up with a whole bunch of questions. The rules and regulations ore the Lake George Pork Commission and the Town of Queensbury and the don't agree at the moment. Even the Park Commission indicates that two or more, you need a special permit, special facilities and my guess is, you ore probably right, people are not following those rules. Mr. Robertson, I think might hove on answer. All the problems we're talking about tonight are things that bother us everyday, that is why we ore here. MR. ROBERTSON-Thonks Steve, Ham Robertson again. The main question I wonted to respond to wos the mutter of buoys and moorings. That is under the direct control of Encon. There ore some rules and regulations. They do permit one mooring per shoreline. They should be within one hundred feet of shore, however, and if you hove a problem with that, that direct answer to that, is that is an Encon's ... 311 SUPERVISOR BORGOS-Thot goes straight to DEC, not the Park Commission. MR. ROBERTSON-No, that is an Encon, the whole issue of jurisdiction and obligation becomes on issue we could talk about all night, but I would answer that you go to DEC. They may want to do so but they have the authority, they are the only people that have the authority on moorings. As for as the conflicting rules and regulations, that's what we're constantly working on trying to resolve that issue and I don't think anybody can answer it right at the moment. Except I'd like to make this distinction again apart from everybodies rules, the °-irk Commission got into the whole issue of definitions on the basis of fees, whether you reed with it or whether you didn't agree with them, they had to have that for that reason, I for zoning purposes. You on the other side of the coin are looking at the zoning and the and uses and they ore separate. They are parallel issues and they ore companion but they are two different points of view. I think that is why you hove to look very carefully and I nk the Park Commission should look very carefully too.... SUPERVISOR BORGOS-Thank you. I think 1 recommend in the mean time, because most of your concerns are the dock rentals. Perhaps you could coil up the Lake George Pork Commission and just mention those. I would think that they would have somebody take a look at that. MR. ROBER TSON-They ore in the process of doing that right now, Steve. SUPERVISOR BORGOS-Moorings are apparently directed to DEC but where would they call, the Warrensburg Office? MR. ROBERTSON-The Park Commission might help you because ...if he isn't capable of doing it us on Encon Officer, he knows who to contact, okoy. SUPERVISOR BORGOS-So maybe you wont to coil the Park Commission, they'll take care of that. MRS. LILLIAN A DMA MSON-I'm Lillian Adomson from Assembly Point. I just have one small point. I hate to see any rental of docks but 1 can see the necessity that olot of people have to do it. I think because there is so much demand to get upon the lake now and suddenly taxes so high for people up there. Alot more people that has ever considered renting before w ore renting because its the only way for some to begin to afford to live there. But yet "is works a different way too. For those who want to have their privacy and are paying absorbent taxes to hove their spot on the lake and to have some privacy, suddenly really don't have it anymore, especially when people live on their boats all weekend. For some people up at the lake ore only there for the weekend and then they hove these extra bouts beside them. Its a catch twenty-two. I don't know how it con be resolved so that everybody is happy. But assessments and the taxes, you know people, Glen Lake you talked about the ... type of thing and so forth, people who ore living up on the lake, sort of feel as though they're living under a guillotine these days. You never know how long you are going to be able to live there, you don't know what is going to happen next. We hod some properties up on the lake this year, whose assessments were raised. One property went from four hundred eighty-four thousand dollars to nine hundred and four thousand dollars. I sot and listened to the grievance proceedings this year and I heard a gentleman saying that with these taxes, with this kind of assessment, his taxes would be nearly one thousand dollars a month. Not everybody is in such a bud situation but many people, you just never know, because no one thought that this year there was going to be on adjustment. One other property went from two hundred and seventy-six thousand to five hundred and ninety-six thousand. Maybe these are corrections but they are absorbent corrections. So as I said, you never know from year to year where you're going to stand. SUPERVISOR BORGOS-This is definitely port of the dock rental problem, directly related to it. Alot of people tell me they rent their docks to generate income to help pay their taxes, 4t is very interesting. Its a very difficult problem we're faced with. Anyone else in the audience before Mrs. Monahan? JUNCILMAN MONAHAN-1 did want to make a few points Steve. One that, us mony os roads that ore out on the Lake George points, ore roads that have been restricted as for parking on them. So there's a problem right there. 1 also wonted to mention the way the marinas are growing. If you hove a permit for so many slips and the boots are getting bigger and you take and increase the size of those slips, you are covering a greater area. Then I want to point out to the Board, that we do have on page 18 of our zoning ordinance, a definition of mooring, and I suggest that they also read pages 74 and 75, it talks about docks and moorings, cause then they will see what would be the actual upplication of what we do. Paul, I might ask or maybe I shouldn't ask you this off the top of your head. On page 75 where all the regulations are about moorings, are those the Encon regulations or did we make them? ATTORNEY DUSEK-No I believe that many of those evolved after a group had recognized. I think, was it the Pork Commission? MRS. YORK-You are correct. COUNCILMAN MONAHAN-So, you know it is a problem up there that you don't have to just consider docks in front of these places, but the moorings and you only hove to get on a boot and ride around Loke George to see it in the most populated areas so you can practically hop from one dock slip to another around the shores of the lake. Then you have the moorings out in front of places, I don't know if its been since you've been here Dave or before, but 1 do know we've had several complaints come through your department about moorings moving into their neighbors water space and so on and so forth. One of which we lost in court. So there ore plot of problems and its not really a simple mutter and I guess I'd like the Board to look at it with all its ramifications and all its perimeters. SUPERVISOR BORGOS-Is there anyone else? If not, we'll call this public hearing closed. PUBLIC i►EARING CLOSED I 8:46 P.M. RESOL UTION TO ENTER QUEENSBUR Y BOARD OF HEAL TH RESOLUTION NO. 279, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby enter into the Queensbury Board of Health. Duly adopted this 23rd day of May, 1989, by the following vote:" Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka COUNCILMAN MONTESI-Concerned with setting a public hearing without enough background with regard to the locations of the neighbor's wells. I want more information than is presented at this meeting. 1 need to know where the neighbor's septic tanks are, where the neighbor's _ wells are, I need to know all of that. I'm reluctant to go to public hearing when 1 really don't know what I'm looking at. MR. 14A TIN-Noted that there was a map with the approval from the Department of Health. TOWN CLERK DOUGHER-Presented her copy to Councilman Monahan. COUNCILMAN PO TEN ZA-Questioned Dove Hatin whether he personally goes out and reviews these applicant's requests. MR. HATIN-I didn't go out and personally check it, I had him provide me with the ...1 send them to the Deportment of Health before I send it to the Board. If they approve it, I then send it on to the Board, if they won't approve it, i won't send it to the Board. COUNCILMAN POTENZA-So there is no Town Official that really verifies? MR. HA TIN-No. COUNCILMAN MONAHAN-On this mop here there ore neighbors, one to the side and one across Hull Road. It does show the neighbor's wells but it does not show the location of the J neighbor's septic system. I agree with Ron, I'd like to see more background. Request that it is marked out in red flag the locations of the wells and septic systems. 1'd like to also see it mandatory for them to put in the water safety bathroom fixtures, when they ore doing new installation. ATTORNEY DUSEK-There is a procedure here and I believe the applicant is entitled to a public hearing. RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE _RESOLUTION NO. 15, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury is, by operation of Low, the Local Board of Health for the Town of Queensbury, and as such, is unauthorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, to issue variances to such Ordinance, and WHEREAS, Mr. James Curcio has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the sewage disposal ordinance set forth in Section 3.030(8), such standard providing among other things as follows: WASTEWATER WELL OR TO STREAM DWELLING PROPERTY LAKE GEORGE Sn"RCES SUCTION LAKE OR LINE AND TRIBS. LINE(a) WATER COURSE `T- II II II ll ll t Si ge Pit 1001 11 ll II n H II It If If II and, WHEREAS, James Curcio has indicated a desire for a variance to place seepage pits 73 feet from the existing well, i NOW, THEREFORE BE IT RESOL VED, that the Local Board of Health for the Town of Queensbury will hold u public hearing on June 13, 1989, at 7:30 p.m., at the Queensbury Activities Center, Buy at Hoviland Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. James R. Curcio for a separation of 73 feet from the seepage pits to the existing well, on property situated on Hall Road, off of Tee Hill Rood, Queensbury, New York, and bearing a tax map no. of Section 48, Block 3, Lot 24, and at that time all persons interested in the subject thereof, will be heard, and BE IT FUR THER R I'l 1 VED, that the Town Clerk of the Town of Queensbury be and is hereby directed and at, rized when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing us may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoku RESOL UT►ON TO ADJOURN QUEENSBUR Y BOARD OF HEAL TH RESOLUTION NO. 16, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. RESOL VED, that the Queensbury Board of Health hereby adjourn and enter Regular Session of the Town Board of the Town of Queensbury. D, adopted this 23rd day of May, 1989, by the following vote: Aves: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos N None Absent: Mr. Kurosoku QUEENSBURY TOWN BOARD OPEN FORUM MR. MIKE O'CONNOR-Appeoring on behalf of the Glen Luke Protection Association. We filed in December a request for the Town Board to designate the Glen Luke Fen as a critical environmentally sensitive area. We've asked that you designate GF-15 and GF-16 areas as critically environmentally sensitive areas along with all lands lying adjacent and within two hundred fifty feet of the boundaries of those lands as they are shown on the New York State Fresh Water Wetlands map. I'm here to follow up on that and ask the Board to set a public hearing. SUPERVISOR BORGOS-Would like to see a map with this all colored in so that we can see exactly, precisely what the request is. MRS. YORK-1 would be happy... MR. O'CONNOR-1 believe you received the map along with a written request. SUPERVISOR BORGOS-I've received many requests but I don't recall the map. I'll check my office. MR. O'CONNOR-Would like to get on the agenda as soon as possible. I also have a request before the Board that you reconsider the definition of a structure. I'd like to see the Board act on this immediately. COUNCILMAN MONTESI-Noted that there has been complaints about a ride with bright lights. MR. O'CONNOR-Boord should consider not only the fixed rides butv1so portable rides. COUNCILMAN MONA HA N-Agree with making this a priority and give it some special attention in defining the meaning of structure. SUPERVISOR BORGOS-Request Lee to give the Board some advise on defining structure, permanent and portable. COUNCILMAN MONA HA N-Questioned if Lee has a description of the Glen Lake Fen. MRS. YORK-Yes. COUNCILMAN MONA HA N-Questioned Town Attorney on time frome. ATTORNEY DUSEK-1 would guess from sturt to finish thirty to forty-five days. We'll be doing this pursuant to SEQRA regulations. COUNCILMAN MONAHAN-That's before we finalize it, but how long before we can get it started. ATTORNEY DUSEK-I can draft a resolution for the next regular board meeting. I'I/ need to get the necessary description and mops, and what the Board wants to designate exactly. MRS. YORK-Noted that the Town Board members hove been presented with copies of the Final Master Plan. Would like to request that the second Tuesday in June to start the paper work on this document for final adoption. BARBARA BENNETT, Dixon Road-Is the Town finished flushing the hydrants? SUPERVISOR BORGOS-1 believe they have, suggested that you call the Water Department. MRS. BEN NET T-Congratulations for your efforts in keeping the Girls Basketball Tournament in the Town of Queensbury. MR. RICK MISSITA, Deputy Highway Superintendent-Referred to the bids received on the traffic signal at Bay at Havilond Roads. Would like to know the Board's decision, to either except or reject the bids. ATTORNEY DUSEK-My recommendation would be to either except the low bid or reject the low bid. If its decided to reject the low bid, the reasons should be specified and 1 would propose to draft a formal resolution. MR. MISSI TA-Referred to contract between four other agencies regarding snow removal at Pilot Knob. When the contract was drown up, we discussed a five year tentative agreement, but the dotes were left out. Paul's recommendation is that he'd like to end the contract and no longer maintain the roads. We need the Town Board's approval and would like your recommendation of approval. ATTORNEY DUSEK-Since there were no dates to the contract, my recommendation is to send a letter out to all communities that are involved in the agreement advising them to what our position is involving the ogreement. I recommended to Rick that he bring this before the Board to see if you have strong feelings one way or another to continue the arrangement. Rick's Department has indicated that they do not wish to continue this arrangement. However, I indicated to Rick because this is a Board matter, the Board will have the final say here as to whether or not we continue. If you don't wont to continue, I can do the necessary research to get us out of the agreement. COUNCILMAN MONTESI-Was there a form of compensation for the Town of Queensbury. MR. MISSITA-Time and material. COUNCILMAN POTENZA-flow many miles? MR. MISSITA-Five miles of theirs, we've got about half mile. We'd like to eliminate doing the five miles. ,Board agreed to have Town Attorney send letters notifying the involved agencies of the Highway's — desire to end agreement. MR. MISSITA-The Highway Department is requesting to lease a DH Dozer from Southworth Machinery. It is a budgeted item. Board agreed to have Town Attorney to prepare the necessary papers to allow Highway Department to lease a DH Dozer from Southworth Machinery. COUNCILMAN POTENZA-Noted that she has received many phone calls regarding the condition of the sidewalks. Would like to see this given priority, something needs to be done. ATTORNEY DUSEK-We are researching this at the moment. I need on understonding of the ownership rights and need to know what exists now, whether there ever was a sidewalk district formed for that area or not, before I can make a proper recommendation to the Board. COUNCILMAN MONTESI-Brief the Board that myself and Tom Flaherty will be meeting with the homeowner of the house at the corner of Coolidge and Ashley that has been paying a sewer tax but have a septic system with problems and would like to be able to hook into the sewer. We will be visiting the site to get some figures together for the Board. ?OPEN FORUM CLOSED 9:45 P.M. RESOL UTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 280, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. RESOL VED, that the Queensbury Town Board Minutes of April 25th, May 10th and 16th of 1989 ore hereby approved. Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosako ,'?ESOL UTION ON QUEENSBUR Y WATER DISTRICT-BEDFORD CLOSE -SECTION NO.6 RESOLUTION NO. 281, Introduced by Ronald Montesi who moved for its adoption, seconded "by Betty Monahan. -_'WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the Queensbury Consolidated Water District, and WHEREAS, a map, plan and report has been prepared regarding the said extension of the existing Queensbury Consolidated Water District, such extension to serve an area to the north of Corinth Road, and to the east of West Mountain Road, near a high density residential development known as Bedford Close, such area consisting of approximately 18.27 acres and being further development of said Bedford Close Subdivision, and WHEREAS, said proposed water district extension will include a portion of Bedford Close known as Section No. 6 that is not located in the Queensbury Consolidated Water District, 316 and WHEREAS, the map, plan and report have been filed in the Town Clerk's Office in the Town and ore available for public inspection, and WHEREAS, the map, plan and report were prepared by Kestner Engineers, P.C., One Kestner Lone, Troy, New York 12180, a competent engineering firm, licensed by the State of New York, showing the boundaries of the proposed extension of the Queensbury Consolidated Water District, and a general plan of the water system, and a report of the proposed water system and method of operation, and WHEREAS, the mop shows the water mains, gote valves, and hydrants, together with the location and a general description of all public works existing or required, NOW, THEREFORE IT IS ORDERED: 1. The Town Bourd shall consider establishing the proposed extension to the Queensbury Consolidated Water District, the some being previously described in this resolution 2. The boundaries of the proposed extension of the Queensbury Consolidated Water District ore us follows: BEGINNING at a point where the North East corner of the Bedford Close Water District intersects the existing line of the Queensbury Consolidated Water District on the North side of Corinth Road. Said point being N770-22'-40"W; 205.83' froM the intersection with the North right-of-way line of Corinth Rood; Thence running S420-50'-20"W; 293.31' to a point; Thence S420-50'-20"W; 198.75' to a point; Thence S430-21'-50"W; 101.09' to a point; Thence N800-26'-49"W; 770.38' to a point; Thence N040-08'-30"W; 207.39' to a point; Thence N840-28'-10"W; 59.51' to a point; Thence N050-18'-20"E; 92.35' to a point; Thence N77°-21'-20"W; 89.05' to a point; Thence N00°-04'-50"W; 125.00' to a point; - Thence N770-21'-20"W; 22.00' to a point; Thence N 12°-42'-10"E; 97.56' to a point; Thence N350-58'-29"E; 230. 10' to a point; Thence N060-34'-20"E; 311.25' to a point; Thence S770-00'-10"E; 387.59' to a point; Thence S120-59'-50"W; 269.30' to a point; Thence S770-22'-40"E; 244.83' to a point; Thence S120-37'-20"W; 197.97' to a point; Thence S770-22'-40"E; 648.57' to the point of beginning and containing 18.27 acres; 3. All proposed new water mains and appurtenances shall be installed by the subdivision developer and turned over to the Town of Queensbury; 4. All proposed water mains and appurtenances shall be installed in full accordance with with the Town of Queensbury specifications and ordinances and in accordance with approved plans and specifications and under competent engineering supervision; 5. The maximum amount proposed to be expended for the said improvement is estimated to be $116,500.00; 6. The method of apportioning the costs is such that the developer of area where the water district will be situated will pay the costs of installing the wotermains and appurtenances necessary to be installed in the district; 7. There will be no financing of the establishment of water improvements and district by the Town of Queensbury or the Queensbury Consolidated Water District; 8. The mop, plan and the report describing the improvements ore on file in the Town Clerk's Office, for public inspection; 9. The Town Board of the Town of Queensbury shall meet and hold a public hearing at the Town Office Building in the Town situated at Boy and Haviland Roads on the 13th of June, 1989, at 7:30 p.m., to consider the mop, plan and report for said water district 31� extension, and to hear all persons interested in the proposal, and to take action as is required and authorized by law; 10. The Town Clerk is directed to cause a copy of this Order to be duly published and posted as required by Town Law Section 209-q. Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos l oes: None Absent: Mr. Kurosaka t 'ESOL UTION ESTABLISHING LEAD AGENCY AND ADOPTING DETERMINATION OF NON SIGNIFICANCE -0I:' ESTA13LIS11MENT OF EXTENSION OF QUE-F_NSBURY WATER DISTRICT IDENTIFIED AS QUEENSBURY WATER DISTRICT- BEDFORD CLOSE RESOLUTION NO. 282, Introduced by Ronald Montesi who moved for its adoption, seconded ' by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury is presently considering the creation of on extension of the Queensbury Water District said extension to be identified as the Queensbury Consolidated Water District - Bedford Close Extension, to serve residents and to meet the needs of future residents of the high density residential subdivision known as Bedford Close, and WHEREAS, it is necessary to review the proposed action in accordance with the requirements of the State Environmental Quality Review Act, and WHEREAS, it would appear that the proposed action is an unlisted action, as the some is described in the State Environmental Quality Review Act, NOW, THEREFORE BE IT i ?ESOL VED, that the Town Board of the Town of Queensbury, pursuant to the State Environmental �'uolity Review Act, hereby expresses its desire to engage in a coordinated review of the proposed action with other involved agencies, which at this time, appear to be the Department of Environmental Conservation and the Department of Health, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to notify the aforesaid agencies that the Town Board of the Town of Queensbury desires to conduct coordinated review and desires to be lead agency for purposes of said review, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury, when notifying said agencies, deliver a copy of this resolution, the mop, plan and report, and Part I of the Environmental Assessment Form. Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos oes: None Absent: Mr. Kurosaka i ?ESOL UTION TO TRANSFER FUNDS RESOLUTION NO. 283, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzo. WHEREAS, $300 is needed to meet expenses for books, publications and subscriptions, and WHEREAS, sufficient funds do not exist in the appropriate account to meet said expenditures, NOW, THEREFORE BE IT RESOLVED, to transfer funds in the following manner: cV � V Amt. From To $150 A3255010409 Conference Expense A3255010405 Books/Publ/Subscriptions $150 A3255010203 Computer Hard/Software A3255010405 Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. K urosaku RESOLUTION ADOPTING DETERMINATION OF NON SIGNIFICANCE OF AMENDMENT TO RULES AND REGULATIONS OF PLANNING BOARD RESOLUTION NO. 284;Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzo, WHEREAS, the Town Board of the Town of Queensbury is considering an Amendment to the Rules and Regulations of the Planning Board, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury adopts the annexed notice of determination of non-significance and directs that copies of this resolution and notice of determination be filed as required by low. Duly adopted this 23rd day of May, 1989, by the following vote: j Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko RESOLUTION ADOPTING AMENDMENT TO RULES AND REGULATIONS OF PLANNING BOARD RESOLUTION NO. 285, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury, pursuant to Section 272 of the Town Low, is desirous of approving on amendment to the Planning Board's rules and regulations entitled "Special Temporary Rules Applicable to Applications for Site Plan Approval or Preliminary or Final Plot Approval," and said omendment is presented at this meeting, and WHEREAS, John Goralski, Town Planner, prepared on environmental assessment form with respect to the proposed amendment and the Planning Board has considered some and determined that the proposed amendment will not hove a significant effect on the environment, and WHEREAS, on May 16, 1989, the Planning Board held a public hearing with regard to the proposed amendments, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby approves the proposed amendment to the Planning Board's rules and regulations entitled, "Special Temporary Rules Applicable to Applications for Site Plan Approval or Preliminary or Final Approval." Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: None Noes: Mrs. Potenzo, Mr. Montesi, Mrs. Monohon, Mr. Borgos Absent: Mr. Kurosuka DISCUSSION HELD BEFORE VOTE: Board reviewed rules and regulations, all agreed that they did not approve certain aspects, one being the definition of'Old Business' and would like the Planning Board to come back with a better proposal. Noted that the Planning Department has many concerns. RESOLUTION ESTABLISHING RECREATION FEE CAPITAL RESERVE FUND RESOLUTION NO. 286, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, developers, from time to time, as a condition of approval of a subdivision plot or site plan approval by the Planning Board for the Town of Queensbury, give to the Town of Queensbury sums of money in lieu of establishing parks for playgrounds or other recreational purposes in developments proposed for approval by said Planning Board and the funds received, in the past, have been deposited in a capital reserve fund known as a new recreation facility cupitul construction account, and WHEREAS, the aforesaid payments are made in accordance with, and as authorized by, subdivision regulations of the Town of Queensbury, u local law of the Town of Queensbury, and Section 277 of the Town Law of the State of New York, and WHEREAS, other funds not contributed by developers have also been deposited in the said capital reserve fund known as the new recreation facility capital construction account, and the Town Board of the Town of Queensbury is desirous of separating said funds and establishing a separate capitol reserve fund for the funds accumulated from the aforesaid developers, and WHEREAS, the following recreation fees have been collected from the developers for the years indicated. 1986 - $ 48,000.00 1987 - $700,000.00 1988 - $ 56,500.00 1989 - $ 47,000.00, (to dote), thereby making the total amount collected to be $251,500.00, and together with accrued interest to be the amount of $288,009.81 , a schedule of the recreation fees collected is annexed to this resolution, NOW, THEREFORE BE IT RESOLVED, that pursuant to Section 6C of the General Municipal Low of the State of New York, the Town Board of the Town of Queensbury hereby establishes a capital reserve fund to be known as "Recreation Fee Capital Reserve Fund" to finance the cost of: A. The purchase of land that is suitable for new or enlarged parks, playgrounds, or open spaces and located so us to serve the inhabitants of the Town's residential neighborhoods, and b. The improvement of new or existing parks, playgrounds, and open space lands which serve the Town's residential neighborhoods, such funds also to be expended in accordance with the provisions of Section 277 of the Town Law of the State of New York, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby increases appropriations in the capitol reserve fund known as the new Recreational Facility Capital Construction Account, by $288,009.81 , and increases the appropriated fund balance in the said capitol reserve fund by $288,009.8T, and BE IT FURTHER RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor, as Chief Fiscal Officer, to transfer funds from the new Recreational Facility Capitol Construction Account to the newly created Recreation Fee Capital Reserve Fund, and establish numbers for the funds in occordance with the terms of this resolution, and Sao BE IT FURTHER RESOLVED, that the Town Supervisor is hereby directed to deposit the moneys of this reserve fund in a separate bank account to be known as the Recreation Fee Capital Reserve Fund, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to invest, from time to time, the moneys of this fund pursuant to Section 6F of the General Municipal Law, and BE IT FURTHER RESOLVED, that no expenditures shall be made from this fund, except upon authorization of the Town Board pursuant to Section 6C of the General Municipal Low. Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoka RESOLUTION RETAINING THE SERVICES OF GILBERT C. MELLON RESOLUTION NO. 287, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury is desirous of retaining the services of Gilbert C. Mellon, to appraise and report the market value of two certain properties, which ore being considered for acquisition by the Queensbury Consolidated Water District, and WHEREAS, Gilbert C. Mellon indicated that he would provide such appraisal work for on amount not to exceed $500.00, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby retains the services of Gilbert C. Mellon, for the purposes above-stated, at an amount not to exceed $500.00, such amount not to include court time if necessary, and BE iT FURTHER RESOL VED, that the bill for services sholl be paid from the miscellaneous contractual account, #W 1-2758310440. Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM GENERAL FUND TO INCREASE APPROPRIATIONS IN ACCOUNT NO. : A2258020.471 (ENGINEERING SERVICES -PLANNING DEPARTMENT) AND AMENDING 1989 BUDGET RESOLUTION NO. 288, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, there has been previously established Account No. : A2258020.471 (Engineering Services Planning Deportment) and the Town Board of the Town of Queensbury is desirous of authorizing on increase in appropriations in that account, NOW, THEREFORE BE IT RFSOL VED, that the Town Board of the Town of Queensbury hereby increases appropriations in Account No. : A2258020.471 (Engineering Services Planning Deportment), by increasing appropriations in said account in the amount of $50,000.00 and increases unanticipated estimated revenue of account #A 2232116, in the amount of $50,000.00, and 82) BE IT FURTHER RESOL VED, that the 1989 Town of Queensbury budget is hereby amended in accordance with the terms of this resolution. Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos foes: None Absent: Mr. Kurosuku aF_SOL UTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE-REGARDI --PETITION FOR CIIANGE OF ZONE RESOLUTION NO. 289, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury is presently Considering on amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance which was adopted on October 1, 1988, and more specifically considering a petition for change of zone by Dunham's Bay Fish & Come Club, where by the parcel of land, tax map no. : 22-2-1.2 and 22-2-2, would be changed from LC-70o and RR5A to LC10o, thus modifying the existing Zoning Ordinance and mop, and WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant to Section 265 of the Town Low of the State of New York, amend, supplement, change, modify or repeal the Zoning Ordinance by Ordinance, and WHEREAS, in order to so amend, supplement, change, modify, or repeal the Ordinance, it is necessary to hold a public hearing prior to odopting said proposed amendment, VOW, THEREFORE BE IT ESOL VED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall hove an opportunity to be heard, upon and in reference to a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance which was adopted on October 1, 1988, and BE IT FURTHER RESOL VED, that said public hearing shall be held on June 13, 1989, at 7:30 p.m., at the Queensbury Activities Center, Buy at Hovilund Rood, Queensbury, Warren County, New York, and BE IT FURTHER RESOL VED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in on official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER RESOLVED, that the Town Planner of the Town of Queensbury is hereby authorized and directed give written notice of the proposed amendment to the Zoning Ordinance of the Town of Queensbury in accordance with the written notice presented at this meeting, to be delivered 10 days prior to the following: Warren County, by service upon the Clerk of the Board of upervisors, and such other communities or agencies that it is necessary to give written notice o pursuant to Section 264 of the Town Low of the State of New York, the zoning regulations —=f the Town of Queensbury and the Lows of the State of New York, and BE IT FURTHER RESOLVED, that the Town Planner of the Town of Queensbury is hereby authorized and directed to give notice of the proposed amendment to the Zoning Ordinance of the Town of Queensbury in accordance with the written notice presented at this meeting, to be delivered 10 days prior to the following: Warren County, by service upon the Clerk of the Board of Supervisors, and such communities or agencies that it is necessary to give written notice to pursuant to Section 264 of the Town Low of the State of New York, the zoning regulations of the Town of Queensbury and the Lows of the State of New York, and BE IT FURTHER RESOLVED, that the Town Planner of the Town of Queensbury is hereby authorized and directed to give notice of said proposed amendment to the Zoning Ordinance and refer said proposed amendment to the Warren County Planning Agency for its review in accordance with the lows of the State of New York and Zoning Ordinance of the Town of Queensbury, and that copies of the Ordinance, this resolution and copies of the notices be given to said agencies unless said agencies already have copies of the same, and BE IT FURTHER RESOLVED, that the Town Planner of the Town of Queensbury is also hereby directed to give notice and refer this matter to the Adirondack Park Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondock Pork Agency. Duly udopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuka RESOLUTION OF TOWN BOARD TO BE DESIGNATED AS LEAD AGENCY REGARDING ADOPTION OF PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION FOR CHANGE OF ZONE RESOLUTION NO. 290, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzo. WHEREAS, the Town Board of the Town of Queensbury is presently considering the amendment, supplementation, change, or modification of the Zoning Ordinance of the Town of Queensbury which was adopted on October 1, 1988, and more specifically a petition for change of zone by Dunham's Bay Fish & Game Club, requesting that their parcel of property, tax map no. : 22-2-1.2 and 22-2-2, be changed from LC-10o and R R 5A to L C 10o, thus modifying the existing Zoning Ordinance and map, and WHEREAS, it would appear necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental review of the proposed action which consists of adopting the proposed amendment, and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is a Type I Action, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby indicates that it would desire to be the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act, and hereby directs the Town Planner for the Town of Queensbury to notify the Adirondack Park Agency, Planning Board of the Town of Queensbury, the Warren County Planning Board, and any other involved agencies, of this desire, and that a lead agency must be designated within 30 days and to further send a copy of the Part 1 of the Long Environmental Assessment Form, this resolution, and the proposed amendments and notifications to these agencies. Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuka RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE-REGARD PETITION FOR CHANGE OF ZONE RESOLUTION NO. 291, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzu. WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance which was adopted on October 1, 1988, and more specifically considering a petition for change of So� zone by Walter C. Fisher and Muria J. Fisher, whereby the parcel of land, tux map no. : 109-4-1.2 would be changed from LI-3o to LI-1A thus modifying the existing Zoning Ordinance and mop, and WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant to Section 265 of the Town Low of the State of New York, amend, supplement, change, modify or repeal the Zoning Ordinance by Ordinance, and WHEREAS, in order to so amend, supplement, change, modify, or repeal the Ordinance, it ecessory to hold u public hearing prior to adopting said proposed amendment, W, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury shall hold a public hearing, at ch time all parties in interest and citizens shall hove on opportunity to be heard, upon and in reference to a proposed umendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance which was adopted on October 1, 1988, and t . i BE IT FURTHER t i RESOL VED, that said public hearing shall be held on June 13, 1989, at 7:30 p.m., at the Queensbury Activities Center, Buy at Havilund Road, Queensbury, Warren County, New York, and BE iT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER RESOLVED, that the Town Planner of the Town of Queensbury is hereby authorized and directed to give written notice of the proposed amendment to the Zoning Ordinance of the Town of insbury in accordance with the written notice presented at this meeting, to be delivered oys prior to the following: Warren County, by service upon the Clerk of the Board of _oervisors, and such other communities or agencies that it is necessary to give written notice To pursuant to Section 264 of the Town Low of the State of New York, the zoning regulations of the Town of Queensbury and the Lows of the State of New York, and BE iT FURTHER RESOL VED, that the Town Planner of the Town of Queensbury is hereby authorized and directed to give notice of said proposed amendment to the Zoning Ordinance and refer said proposed amendment to the Warren County Planning Agency for its review in accordance with the laws of the State of New York and Zoning Ordinance of the Town of Queensbury, and that copies of the Ordinance, this resolution and copies of the notices be given to said agencies unless suid agencies already hove copies of the same, and BE IT FURTHER RESOLVED, that the Town Planner of the Town of Queensbury is also hereby directed to give notice and refer this matter to the Adirondock Park Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondack Pork Agency. Ouly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos oes: None -- bsent: Mr. Kurosuku RESOLUTION OF TOWN BOARD TO BE DESIGNATED AS LEAD AGENCY REGARDING ADOPTION OF PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION FOR CHANGE OF ZONE RESOLUTION NO. 292, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzu. WHEREAS, the Town Board of the Town of Queensbury is presently considering the amendment, supplementution, change, or modification of the Zoning Ordinance of the Town of Queensbury which was adopted on October 1, 1988, and more specifically a petition for change of zone by Walter C. Fisher and Maria J. Fisher requesting that their parcel of property, tax map no. : 109-4-1.2 be changed from LI-3o to LI-]A thus modifying the existing Zoning Ordinance and map, and WHEREAS, it would appear necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental review of the proposed action which consists of adopting the proposed amendment, and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is an unlisted action, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby indicates that it would desire to be the lead agency in connection with ony reviews necessary pursuant to the State Environmental Quality Review Act, and hereby directs the Town Planner for the Town of Queensbury to notify the Adirondack Park Agency, Planning Board of the Town of Queensbury, the Warren County Planning Board, and any other involved agencies, of this desire, and that a lead agency must be designated within 30 days and to further send a copy of the Port I of the Long Environmental Assessment Form, this resolution, and the proposed amendments and notifications to these agencies. Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuko RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE-REGARD PETITION FOR CHANGE OF ZONE RESOLUTION NO. 293, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance which wos adopted on October 1, 1988, and more specifically considering a petition for change of zone by Garfield P. Raymond & Ronald L. Newell, whereby the parcel of land, tax mop no. : 61-1-44, 61-1-41.2, 61-1-41. 1 and 61-1-17, would be changed from UR-1A to MR-5, thus modifying the existing Zoning Ordinance and map, and WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant to Section 265 of the Town Low of the State of New York, amend, supplement, change, modify or repeal the Zoning Ordinance by Ordinance, and WHEREAS, in order to so amend, supplement, change, modify, or repeal the Ordinance, it is necessary to hold u public hearing prior to odopting said proposed amendment, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have on opportunity to be heard, upon and in reference to u proposed amendment, supplement, change, ondlor modification to the Town of Queensbury Zoning Ordinance which was odopted on October 1, 1988, and BE IT FURTHER RESOL VED, that said public hearing shall be held on June 13, 1989, at 7:30 p.m., at the Queensbury Activities Center, Boy at Hovilond Road, Queensbury, Warren County, New York, and BE IT FURTHER RESOL VED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in on official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER as RESOL VED, that the Town Planner of the Town of Queensbury is hereby authorized and directed to give written notice of the proposed amendment to the Zoning Ordinance of the Town of Queensbury in accordance with the written notice presented at this meeting, to be delivered 70 days prior to the following: Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 264 of the Town Low of the State of New York, the zoning regulations of the Town of Queensbury and the Lows of the State of New York, and BE IT FURTHER '.ESOL VED, that the Town Planner of the Town of Queensbury is hereby authorized and directed o give notice of said proposed amendment to the Zoning Ordinance and refer said proposed amendment to the Warren County Planning Agency for its review in accordance with the laws of the State of New York and Zoning Ordinance of the Town of Queensbury, and that spies of the Ordinance, this resolution and copies of the notices be given to said agencies ulreudy have copies of the same, and BE IT FURTHER RESOLVED, that the Town Planner of the Town of Queensbury is also hereby directed to give notice and refer this matter to the Adirondock Pork Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency. Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoka RESOLUTION OF TOWN BOARD TO BE DESIGNATED AS LEAD AGENCY REGARDING ADOPTION OF PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION FOR CHANGE OF ZONE iESOLUTION NO. 294, Introduced by Ronald Montesi who moved for its adoption, seconded Marilyn Potenzo. WHEREAS, the Town Board of the Town of Queensbury is presently considering the amendment, supplementation, change, or modification of the Zoning Ordinance of the Town of Queensbury which was adopted on October 1, 1988, and more specifically a petition for change of zone by Garfield P. Raymond & Ronald L. Newell, requesting that their parcel of property, tax mop no. : 61-1-44, 61-1-41.2, 61-1-41. 1, and 61-1-17, be changed from UR-1A to MR-5, thus modifying the existing Zoning Ordinance and mop, and WHEREAS, it would appear necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental review of the proposed action which consists of adopting the proposed amendment, and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is on unlisted action, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby indicates that it would desire to be the lead agency in connection with any reviews necessary pursuant to the State nvironmentol Quality Review Act, and hereby directs the Town Planner for the Town of Queensbury to notify the Adirondack Pork Agency, Planning Board of the Town of Queensbury, the Warren County Planning Board, and any other involved agencies, of this desire, and that lead agency must be designated within 30 days and to further send a copy of the Park ?f the Long Environmental Assessment Form, this resolution, and the proposed amendments mind notifications to these agencies. Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosako RESOLUTION TO AUTHORIZE SETTLEMENT OF A CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE RESOLUTION NO. 295, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. WHEREAS, a certain Article 7 Real Property Tax Assessment Review Case has been commenced against the Town of Queensbury, and WHEREAS, the Town Board has reviewed the tax assessment review case with the legal counsel for the Town of Queensbury, such counsel having recommended settlement to the Town Board, NOW, THEREFORE BE IT - RESOLVED, that the following case be settled with respect to the 1988 and 1989 assessment rolls as indicated and as follows: 13-3-17 - Esther H. Frederick - to be assessed at $290,000.00 (1989). Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos i Noes: None ! Absent: Mr. Kurosuku RESOLUTION ESTABLISHING PETTY CASH FUND RESOLUTION NO. 296, Introduced by Ronald Montesi who moved for its odoption, seconded by Betty Monahan and Marilyn Potenza. WHEREAS, the Wastewater Department for the Town of Queensbury requests establishment of a petty cash fund in the amount of $100.00 for use by the Wastewater Department for the payment in advance of audit, of properly itemized and verified or certified bills for materials, supplies, or services furnished to the Town of Queensbury for the conduct of its affairs, and WHEREAS, the Water Superintendent, Thomas K. Flaherty, has requested establishment of said petty cash fund, and WHEREAS, such petty cash funds ore provided for under X64 of the Town Law, NOW, THEREFORE BE IT RESOL VED, that a petty cash fund in the arnount of $100.00 for the Wastewater Department be established, for payment, in advance of audit, of properly itemized and verified or certified bills for materials, supplies, or services furnished to the Town for the conduct of its affairs and upon terms calling for payment to the vendor upon the delivery of any such materials or supplies or the rendering of any such services. Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosako J COMM UNICA TIONS L tr of request to hold circus sponsored by the Loke George Kiwanis - on file 4ESOLUTION TO CONDUCT CIRCUS 'RESOLUTION NO. 297, Introduced by Ronald Montesi who moved for its adoption, seconded 3 by Marilyn Potenza. i WHEREAS, the Kiwanis Club of Lake George hove requested permission to conduct a circus us follows: SPONSOR: The Lake George Kiwanis CIRCUS: Alton C. Hill Entertainment, Corp. PLACE: West Glens Falls Fireman's Field DATE: July 3, 1989 NOW, THEREFORE BE IT RESOL VED, that the Town Clerk is hereby authorized and directed to issue a permit to the aforesaid sponsor subject to the following conditions: A. Receipt of proof of Insurance in the amount of three million 1. The Insurance Company must be licensed in the State of New York 2. The Town of Queensbury must be named as on additional insured 3. Town of Queensbury held harmless B. Inspections and Approval must be mode by the Queensbury Fire Marshal and the Chief of the West Glens Falls Fire Company C. There must be udequute purking and access for emergency vehicles. Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monohan, Mr. Borgos Noes: None Absent: Mr. Kurosoka Town Board approved with additional conditions; Receipt of proof of Insurance in the amount of 3 million, and the Town of Queensbury held harmless. RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO. 298, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenzo. RESOLVED, that the Special Audit of Bills as appears on the May Abstract numbered 1274-1277 and totaling $6,905.07 be and hereby is approved. Duly adopted this 23rd day of May, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoka SUPERVISOR BORGOS noted Speciol Town Board meeting being held on May 25th, at 5:00 P.M, in the Supervisor's Conference Room. On motion, the meeting was adjourned. RESPECTFULL Y SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK