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1989-01-31 SP 78 SPECIAL TOWN BOARD MEETING January 31, 1989 7:00 P.M. MEMBERS PRESENT Supervisor Stephen Borgos Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan Town Attorney - Paul Dusek MEMBERS ABSENT Councilman George Kurosaka PLEDGE OF ALLEGIANCE SUPERVISOR BORGOS SUPERVISOR BORGOS-1 want to address another situation that is the 4-way stop sign on Fort Amherst Road. As all of us are painfully aware a week ago today there was a fatal accident at the intersection and we all express our sorrow and sympathy to the families on all sides of this particular situation. Recognizing what has happened and certainly not wanting anything of a similar nature to happen again, yet in no way indicating that what happened is because of any particular fault or operation on anyone's part. There's been extensive discussion's between the Town of Queensbury and the Mayor of the City of Glens Falls particularly since last Thursday over the weekend we talked many times and our attorney has been in contact with the Mayor. We would hope that within the next few days we would be able to have a joint agreement between the City and the Town that will result in the next several weeks in the installation of the requested stop signs at that intersection. We've got a very tricky legal problem that we're pledged to resolve and that is that the city/town line at that point is partially out into the street, such that although most of the intersection lies in the Town of Queensbury the location of the sign that would have to be placed is on the City of Glens Falls. We want to do this properly and legally the Mayor indicates full cooperation on the part of the city our attorney will continue the work and as 1 said within the next several days 1 hope that the appropriate resolutions can be drafted and passed, and at that point will need at least to my understanding that we will need a Public Hearing to officially sanction the placing of the signs. Just so everyone knows that certainly not something is being over looked or forgotten we'll be very happy to have the signs up that will resolve a number of issues at that location. Again, this is a special .meeting I do notice some people here from that particular area of town if you like to say anything we will be more than happy to hear from you, if not we just want to be sure. MS. CHOPECKI-Fort Amherst Road-Presented the following petition to the Town Board: WHEREAS, this group of residents from Garrison, Fort Amherst, and Webster Avenue have gathered together on this 30th day of January 1989, because of their common concern of the traffic and safety problems on the streets mentioned. Traffic and Safety have become unbearable and dangerous on Fort Amherst Road, it is hereby resolved that we respectfully request the Tow of Queensbury to reinstate or pass a new resolution approving a stop sign at Fort Amherst and North Roads. Be it further resolved, that we also respectfully request the Common Council of the City of Glens Falls to also pass a resolution for approval of a stop sign at this location, and Be it further resolved that both municipalities are hereby requested to provide such signs or methods that will improve the traffic and safety problems on these three streets. (Petition on file) SUPERVISOR BORGOS-This should be resolved very quickly. RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO. 78, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. I'larilyn Potenza: RESOL VED, that the Town Board of the Town of Queensbury hereby moves into the Queenshury Board of Health. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos ,— Noes: None Absent: Mr. Kurosaka Q UEENSB UR Y BOARD OF HEALTH 79 SUPERVISOR BORGOS-We would like to discuss some findings related to the Duck Issue and hopefully begin to resolve this situation. All of us heard from 22-23 speakers last week, we received information to take home, we have had time to think about it however my schedule has not permitted me to talk to the other members of the Board as much as I would have liked to. This afternoon I met with our Town Attorney and asked him if he would draft a proposed resolution that might address some of the problems. I have not had a chance to read this resolution yet, so before we do, asked for recess to review document... RESOLUTION OF LOCAL BOARD OF HEALTH REGARDING NUISANCE CAUSED BY DUCK POP ULA TION RESOLUTION 9, Introduced by Mr. Ronald Mon tesi who moved for its adoption, seconded by firs. Marilyn Potenza: (See Final Resolution after discussion) DISCUSSION HELD COUNCILMAN POTENZA-1 first want to summarize the public meeting held last week ago or ten days ago or whatever. 1 personally got alot out of the open meeting, I kind of reread what went on, and reviewed what went on, and 1 guess 1'/I go on first of all by saying I'm opposed to any ordinance that would put anything in other than a strong support through public concern as not feeding the ducks. I think that it's a neighborhood problem. We heard strictly from the neighbors in the Fort Amherst area, there's a duck problem in Lake George, there's a duck problem in Glen Lake, but this came from that neighborhood and it should be a neighbor to neighbor problem it bothers me that local government was called into this thing. If I have a problem with my neighbor I go and I talk to my neighbor about it I don't come before the town board, someone made a comment last week that there was some ducks killed and they were left there to deteriorate on the road, my god take a shovel and pick up the duck and bury the duck would you allow other animals to be left on the road and I know Dr. Eisenhart and his family well and if you had just gone to him and said Dr. would you please he would be very happy to alleviated that problem. 1 think that after listening to a few people last week especially the representative from the Audubon Society, she made a point in saying the numbers of duck have declined this year verses last year, and since we signed the pond there has been less feeding of the ducks. 1 have not gone down there and sat on a day in day out basis, but I will tell you 1 have driven by it many times and I see less people participating and feeding the ducks. You can't enforce an ordinance I don't feel you can enforce an ordinance on somebody who feels that their not doing it to break the law their doing it to help the duck and if we can get across to the general public that you are not doing the ducks any favor by feeding them and let mother nature take care of them I think that the duck population in that area and in the town will —Decline. Now if you want to go step by step in this ordinance. SUPERVISOR BOR COS-Whichever you would like to do. COUNCILMAN POTENZA-Well that's my overview of this. You have a comment made by Southern Audubon Society and I would like it inserted,this is Page 2 under the Resolved the Local Board of Health of the Town of Queensbury make the following findings, going down six sentences were it says were the Southern Audubon Society, I would like some sort of a notation in there stipulating that the duck population has decreased last year over this year so there findings, Fourth Page under B, I'm opposed to fencing the properties 1 don't think that will help the situation I think the ducks will learn to fly over fence. 1 don't think they walked here I think they flew here. I'm opposed to any ordinance other than that would put any dollar signs or dollar money value or whatever dollars behind feeding the ducks because I don't think people will do that to break the law I think they will do that to help the animals and it's through education and publicity that we have to convince them otherwise. I don't think we should have anything in there stating that Dr. Eisenhart cannot feed the ducks on his own property, I think that its his property and I think he should be able to do what he wants to do on his property. SUPERVISOR BORGOS-What page did you find that? COUNCILMAN POTENZA-That is on page four "that no feeding of the ducks by anyone including Dr. Eisenhart". On page five under F I don't think that we should go to the expense to investigate trapping and removing the ducks if we wanted to have someone chart the reduction of the ducks over the next two or three years because the lack of feeding in all parts of the town including the Eisenhart Pond, and Glen Lake, and Lake George that will be something that .__-we could look into, but I think we have better ways of spending our money. SUPERVISOR BORGOS-Thank you Mrs. Potenza. Anyone else wish to comment about those or other items. COUNCILMAN MONTESI- Yes. With respect... SUPERVISOR BORG OS-What page are we on? 80 COUNCILMAN MONTESI- I'll start with the waters that suspend the nuisance and in lieu of nuisance that follows. COUNCILMAN MONAHAN could you say where you are please. COUNCILMAN MONTESI-Fourth Page. In reference to a dollar fine, where is it our Attorney had drafted this that you would, he put a dollar, he didn't put a dollar figure in. That's just the issue that was raised here last week where people were continuing to feed the guy said I take their license plate number, call the sheriff's department but because there is no ordinance or law in effect the sheriff can't respond. If he could respond because we did have an ordinance but there is no fine what would be the punitive damage what would be the reason not to feed the ducks other than asking them not to we already asked them not to with a sign so I have some concerns that I was thinking that it ought to be a $50.00 fine for feeding of the ducks. My other concern is I think were dealing with a reasonable individual, Dr. Eisenhart, suppose were dealing with a vindictive guy and he decided to do a mass feeding of the ducks on his property and continues to pollute the pond where are we then, what purpose have we served I don't think you could asked the public not to feed them and allow an individual a homeowner not to name Dr. Eisenhart, but a homeowner continue to feed the ducks because its on his own property and continue to probably pollute the pond so I think that has to serve for all. I do agree with Mrs. Potenzo where she says in specifically that "were dealing with an issue on Fort Amherst Road if the rest of the town has a very strong feelings about not feeding the ducks whether it be on Glen Lake, Lake Sunnyside, or Lake George" then I think we should address that, but the only problem that 1 have had to deal with on this town board is on Fort Amherst Road. As for as the fencing, the fencing I think your right Lynn I don't think putting a fence up is going to solve the problem, but there were a number of people that felt that they were burden with the inconvenience of having the ducks walk around and we thought that if we wanted to have and orange snow fence to keep the ducks off their lawn they could, but I'm sure your right and the ducks could fly over that and still nest on the lawn so I'm not so sure that really is very serving to those individuals. I do have a question Paul. If we were to table this resolution how long would it be before we would have before us for a public hearing an ordinance that addresses a fine for feeding of the ducks? TOWN ATTORNEY-If the board decided that they wanted to go the route of the ordinance that could be ready I would say by the next meeting which is in about two weeks. COUNCILMAN MONTESI-Public Hearing. TOWN ATTORNEY-A public hearing would not occur then, but a resolution would be prepare that you could submit at the public hearing. COUNCILMAN MONTESI-O.K. Thank you. COUNCILMAN POTENZA-Paul I have a legal question too. How could we direct the concerns to Dr. Eisenhart and his pond and not direct the concerns to the number of people that feed ducks off their docks in the south end of Lake George, and the ducks on Glen Lake, and anything else? I mean we certainly can't name an individual because we would be naming probably a good percentage of everybody that owns lake front property on any lake, pond, or stream in the Town of Queensbury. TOWN ATTORNEY-Well this particular order deals only with the Fort Amherst Road problem. COUNCILMAN POTENZA-So were not talking about the problems of the town? COUNCILMAN MONA HA N-Excuse me, not really because under C on page four, it says I'm talking about the ordinance, correcting the ordinance shall not be fed, excuse me "directing that ducks shall not be fed anywhere in the Town of Queensbury". COUNCILMAN MONTESI-I thought we should strike that simply because I have not seen 300 ducks in one particular area that has caused concern in the neighborhood via Glen Lake or.. SUPERVISOR BORGOS-May l interject for a minute, I have receive a call from Price Chopper Main Office in Schenectady that not only are they flooding the parking lot they are interfering with their business, the cars are afraid to go in and move around because they can run over ducks. So, as much as it is a neighborhood problem it has already gone across into the Price _ Chopper so we really cannot over look that. They have asked for some action so that they can insist that people not feed the ducks in their parking lot. COUNCILMAN MONTESI-You are suggesting that, that all inclusion there we would be able sign... SUPERVISOR BORGOS-1 think that was in the intent that would address Mrs. Potenza's concern about the other lake, so I think the word Wild should be inserted before Ducks, there are people 81 that have tame, caged in pet ducks and I would not want to interfere with that. COUNCILMAN MONAHAN-On page 4, I agree with Lynn and Ron about the fencing, I do not think that it is going to work, and I am a little apprehensive about the liability of the Town that it is taking on there. Secondly in C. I think frankly that this Town is getting too many ordinances it is getting to the point I am beginning to think when I wake up in the morning and turn on my light do I need to get permission from somebody or am I breaking an ordinance in this Town. I agree with Lynn that I think that this is an education procedure just as, like getting your kids inoculations, it is an education procedure. I think an ordinance of this kind will be unenforceable you are going to have selective enforcement and 1 do not like to put an ordinance on the book that is not enforceable. Are you going to fine a small child that stops and throws a crust of bread or are you going to let that person get away with it, or fine heir parents? Certainly when we talk about all the lakes around here and I am the first one o say that they are doing damage to our lakes but I just don't feel that we can enforce it unless ---you put a policeman in every bedroom and I am not ready to do that yet. And so I agree with Lynn, I would like to try the education procedure no matter what we do we know its going to take a long period of time every expert that was here said its going to take a period of time, you not only training the people, but you are retraining the ducks also. I think we have to give a certain amount of time for that process to work. COUNCILMAN MONTESI-How about the seasonal feeding? COUNCILMAN MONAHAN-Well of course, that follows if your going to have an ordinance. The only way I think you want seasonal feeding frankly, is perhaps right now and I don't even know if that's necessary because alot of our experts said if the feeding were stopped, with the mild winter were having, they're going to find clot of local food anyway. Now I can take you out to many corn fields around here where the ducks are getting their own feed are we going to pass an ordinance and all the farmers are going to pick up all of the corn kernels in their fields. You know, where is this going to stop, and also as I said before we have got to be sure that what we do to stop a nuisance in one area doesn't just send it to another area town. I think we are going to have to look for the long-hall when the feeding is stopped and as I said during that time we retrain the people and we retrain the ducks at the same time. It's not a problem that is going to be solved tomorrow there's know doubt about it, you're going to have to be patient my sympathies are with the neighbors because they're the ones that are going to bear the worst of this burden, but I think that no matter what we do it is going to take time to clean up the problem for the neighbors. I also... Doc. can I asked you a question ,lease. )R. EISENHAR T-Sure. COUNCILMAN MONAHAN-Does your land surround all sides of the pond? DR. EISENHAR T-The deed actually says I own the pond to the high water mark whatever that is. COUNCILMAN MONAHAN-On all sides? DR. EISENHAR T-On the other side. One side I own the property on the east side... COUNCILMAN MONAHAN-O.K. DR. EISENHAR T-The deed says the high water mark on the right side. COUNCILMAN MONAHAN-So theoretically people could get on the property on the other side and feed the ducks from that side also. So you see... DR. EISENHAR T-From the rope, 1 don't own the rope either. COUNCILMAN MONAHAN-So you know you've got a multitude of things here to consider. COUNCILMAN POTENZA-One of the other points that I keep reviewing to is that, the new -omes that were built on the corner of Fort Amherst and Bay, they were built on what was Ised as the ducks breeding ground and that breeding ground is no longer there because the `ew homes are there, so you have to you know, if we gave this some time if we gave it a couple years so that the ducks realize that the breeding ground is not there, and I don't know through 1 guess mother nature you know it will take care of itself or it will help take care of itself. This is not a hidden problem, I mean this problem has been ...it was a blessing to the Town of Queensbury up until two or three years ago and now all of a sudden it's become a major problem, and I think that we want something corrected yesterday that we spend years and years promoting we can't do it through a town ordinance or through fining young children or adults, it's an educational process. 82 COUNCILMAN MONAHAN-Lynn did you have law that you would l` r' into the record? COUNCILMAN POTENZA-Yes, I don't know if that... COUNCILMAN MONAHAN-1 would think now that it would e t::e proper time to do it... SUPERVISOR BORGOS-We can do that before we take any action on this. I haven't seen that letter. Let me just make a couple of points here. As Mr. Montesi indicated, the Sheriff's Department indicated their frustrations with this because they do get calls and all they could say to people at the moment is, we can't do anything about it. Let me ask our attorney without putting(tope turned)...that would give the sheriff some authority to do something or must there be a fine attached to it? TOWN ATTORNEY-Well the problem would occur that if, first of all in order for the sheriff to do anything it would have an ordinance that's the first thing. The second thing is, if the -- sheriff is called to the scene he is going to give somebody a ticket for violating the ordinance presumably I guess. Then the next thing would be though is where do you go with the ticket, and if you get a ticket that means you go to court. If you don't have a penalty of some kind there is really not much sense in going to court because the judge can't do anything so he is going to toss the ticket out. SUPERVISOR BORGOS-So the bottom line is there would have to be a number in there? TOWN ATTORNEY-1 think so, I don't know what else you can really do if you want to have the ordinance. As I indicated earlier I threw everything in here so you would have everything to choose from and work with. SUPERVISOR BORGOS-From my perspective I obviously would like to join Mrs. Potenza, and Mrs. Monahan and indicate that I'd be very happy if people on their own would just stop doing this. I don't know that if that's going to be the case and unless we have something on the books I'm afraid the calls are going to continue to come to the switchboard and the Sheriff's Department and will be back in a frustration area. Just for your consideration I like to suggest that we indicate that a fine would be $7.00 just as a possibility, I have toyed with some other numbers here, but perhaps if a child were to be caught the parent would have to pay a $1.00 fine. At least it would be on the books, the sheriff could respond and if people get enough tickets maybe they would not...just a thought for further discussion. I do want to again remind everyone that we do have the big Price Chopper problem and they've have said they would wait until we have took some kind of action before they, whatever action might be a suit against the town I don't know for loss of business, I don't know what will happen there, but they have spread in large numbers there and it is a significant problem to them. r COUNCILMAN POTENZA-That hasn't been signed though has it Stephen? SUPERVISOR BOR.COS-They've put up some signs... COUNCILMAN POTENZA-O.K. SUPERVISOR BORGOS-But again they have no force and effect. We could go ahead and put signs up for them they be happy to have us put up signs over there. COUNCILMAN MONAHAN- Perhaps the answer there Steve might be to come in and have those ducks trapped that are away from the pond, have those trapped and taken right out of the area. SUPERVISOR BORGOS-But that's why the suggestion here that I investigate not spend any town money but just investigate to see what options there are, and then report back to this board to see if a truck load of ducks could be taken out of the Price Chopper parking lot. COUNCILMAN A40NAHAN-I think that would be a good place to start your trapping because that's not a natural spot for them. SUPERVISOR BORGOS-Definitely not. COUNCILMAN POTENZA-But don't you think the ducks would go back? SUPERVISOR BORGOS-Having never been a duck I don't know. � COUNCILMAN MONAHAN-All depends on how for they take them away I think. COUNCILMAN MONTESI- This ordinance or this resolution has from A to G in terms of something's, I suggested $50.00, you suggested $1.00, some of us suggested nothing. It seems that what we were trying to do is to very broadly stroke this so that we can solve the problem, but with 83 some degree of strength I would presume, I realize that this is not a duck problem it's a people problem that created the duck and I'm certainly not against the ducks god knows that their there because of what people have done in terms of feeding them, but we really have to stand up to be counted, I mean you know there is a sentence in here of seasonal feeding what the heck is seasonal feeding. I mean I'm going to make a law and then say but for two months of the year I'll take the signs down and feed them come on. SUPERVISOR BORGOS-That came as a suggestion by one of the experts who indicated that we have three types of ducks set forth here, those who live there, those who come from a short distance, those who come from a long distance but the suggestion was during the so called off season the summer time when there are not a lot of ducks the only ducks there are the ones that live there, perhaps somebody could feed the ducks during that short period of time. — COUNCILMAN MONAHAN-Then you have got to feed them in the winter time and then that's going to call the other ones. SUPERVISOR BORGOS-Well that's part of the rest of the story as they were saying. COUNCILMAN MONAHAN-As I remember the seasonal feeding was suggested that if we wanted to wait until spring to get them out of here then finish feeding them this winter, but then another expert got up and said with the open winter they didn't really think that was necessary. SUPERVISOR BORGOS-We heard conflicting evidence. COUNCILMAN POTENZA-1 think we should pass that education on and say Don't Feed The Ducks! COUNCILMAN MONTESI-Not withstanding the last, this is my last comment Steve that this is a special meeting called for the Town Board we spent 2.51 hours last week on that we got a lot of public input. I've spent three hours today on a water committee meeting where were thinking of bonding twelve millions dollars for waters filtration plant and it really gulls me to think that we get to this stage after all of this public comment and you guys are going to back off and be chicken about it. I mean come on... COUNCILMAN POTENZA-Oh know I'm not being chicken about it, I stand up to be counted. COUNCILMAN MONTESI-Well we have wasted our time if were not going... COUNCILMAN POTENZA-No, No, No we didn't wasted our time we had a chance... COUNCILMAN MONTESI-Your in the public and your not reacting... COUNCILMAN POTENZA-1 am reacting. COUNCILMAN MONAHAN-Your going to have an ordinance that will be selectively enforced and a lot of places that will be unenforceable and I hate ordinances that way. COUNCILMAN MONTESI-At least when the sheriff comes and he knows your feeding the duck and your license plate is taken and that you threw a bag of seed or bread out and he has your license and comes to your house you may consider whether you should be doing that. COUNCILMAN MONAHAN-But if you drive out around this town and know all the small lakes around here who is going to start policing them. In other words what were saying is... COUNCILMAN MONTESI-I don't think that the sheriff has ever gotten a call about the ducks that are a nuisance on Lake George... COUNCILMAN MONAHAN-But that's what I'm saying... COUNCILMAN MONTESI-Have you ever heard that? SUPERVISOR BORGOS-1 don't know for a fact. COUNCILMAN MONAHAN-But what I'm saying, the people on Lake George are very concerned about that now... COUNCILMAN MONTESI-They would come before their representatives and tell us that. SUPERVISOR BORGOS-The Sheriff's Department has had enough calls about this particular location, such that it has become a nuisance, they contacted my office before I did and they insisted that their uniform men would come to the last meeting. I did not ask him for help 84 to police the meeting or anything of the kind they came here as part of the line of duty. I really think we have to do something as much as I don't like more laws and ordinances either we have to do something so the calls come we can say please call the sheriffs department they will be glad to go over and talk to you, but they really can't do anything unless there's a dollar or something there. If we don't take some action in that area I don't think we have gone anywhere. I hate to come down to that point... COUNCILMAN POTENZA-1 know, but let's boil it down gentlemen... SUPERVISOR BORGOS-50 cents or whatever... COUNCILMAN POTENZA-This has been going on for 25 to 30 years and you want to rectify a situation you know in a two meeting period. I think that your not giving enough time towards education and help the problem alleviate itself without putting an ordinance or a law into effect. SUPERVISOR BORGOS-Would you propose that we have a time period without this one paragraph perhaps 4 months or 6 months or something and then reevaluate? COUNCILMAN MONA HA N-Absoluty. I would like to ask Dr. another question. Dr... COUNCILMAN POTENZA-What do you mean. Would alleviate be completely and then put a time period into C. would you go along with alleviating B? COUNCILMAN MONTESI-No fencing. COUNCILMAN POTENZA-No fencing. COUNCILMAN MONTESI-I think we all agree on that. SUPERVISOR BOR GOS-/ don't...I 've been trying to chart the amount of room the duck would need to take off. I don't think it would get up over the fence, but I thought just as a courtesy to those few property owners who would ask for it. COUNCILMAN MONAHAN-All I can say if they want fencing they can always put it up themselves and take their own liability for it. SUPERVISOR BORGOS-1 don't have a problem with taking out B. and putting in some kind of a time frame in C. or leaving it put for now and putting it back later. f COUNCILMAN MONAHAN-May I asked Dr. Eisenhart another question please. Dr. Eisenhart since the pond has been posted how many people do you think are feeding the ducks, what have you noticed about people feeding the ducks? DR. EISENHART-Almost nobody. Once in a great while someone stops and gives them a little bread but it's very unusual very rare. I am personally feeding them about 115, or 116, or 717 of what I have used in past. The reason they are over in the Price Chopper is because they are not being fed...However, I wrote a note to the board this morning and the other day I counted less than a dozen ducks on that pond, I haven't seen that in years in years. Incidentally the numbers of ducks have remained very constant for the last eight years. There has been as much as eight hundred in the middle of the winter, and then by the middle of April, they'll be down to under a hundred or so as they all take off and go nesting up in the mountains except those who used to nest across the road, and so the drop off will be March. The other thing I think the board should be aware of is that no neighbors have complained. There are four neighbors, actually one sits here in the first row tonight and spoke the other night, the other three have not spoken or have not complained at all. There are four of us who live around the pond and none of them has complained. The complaints come from over in the city not from the Town. I think the thing has alleviated itself to some degree because certainly the numbers are less and less. Now there is an enormous amount of flying, they'll take off one hundred and two hundred of them come back. I do not know why Mr. Montesi holds an axe on me. What have I ever done to you Ron? COUNCILMAN MONTESI-I hod an axe on you? SUPERVISOR BORGOS-1 prefer not to... COUNCILMAN MONAHAN-1 personally have seen ducks in big flocks feeding in the farmers corn fields recently when I've been taking walks... SUPERVISOR BORGOS-/ think that's a naturally kind of feeding... COUNCILMAN MONAHAN-I will say I think that the Dr. has made a good point. They are going to Price Chopper because they don't have food at the pond apparently they must be picking 85 up food in the Price Chopper's lot some place. COUNCILMAN POTENZA-And there being fed by the customers. COUNCILMAN MONAHAN-That is right, so you can not really blame the Dr. or his ducks by what's happening in the Price Chopper. SUPERVISOR BORGOS-This very clearly states that it is not the fault of Dr. Eisenhart. COUNCILMAN MONAHAN-No, No what I'm saying is, you keep saying if you do all this fining and stuff like that it's going to stop the problem I don't think it is. The stopping of the feeding has already started to stop the problem at the pond but what it has done is moved it another area. SUPERVISOR BORGOS-But we have to be able to stop the feeding over there and Price Chopper said to us give us something that we can do to enforce this put up some kind of official signs and we don't have anything that permits us to put up official signs. COUNCILMAN MONAHAN-Well we certainly can... COUNCILMAN POTENZA-Can't we put up the same signs we have around the duck pond? SUPERVISOR BOR COS-We could do that. COUNCILMAN POTENZA-Well it seems to help the problem at the duck pond. SUPERVISOR BOR COS-We have to perhaps remove the words no swimming for the parking lot. COUNCILMAN POTENZA-That would be a good idea. DEBBIE BARLOW-1 wonder if it would be fair to ask the same question as for as, how many people stop there, to the neighbors directly across the street. A nice sunny weekend, Saturday and Sunday, warm weather, which we've had many this winter. I could sit in my window and video tape, just for evidence the number of cars that stop. I will agree that it is clot less. There is no problem there, I agree there is clot less people stopping. But at the some time, there still are people stopping and as long as there are feeding at that pond, the ducks know it. You can get a car stopping in the morning, the ducks will stay right on the edge of the road there, knowing because that is the site of feeding. They know that they get fed there. Any sunny weekend. COUNCILMAN POTENZA-Well what is wrong with the car stopping there. MRS. BARL OW-To feed. COUNCILMAN POTENZA-But if they are stopping to look at the ducks. You are telling me that cars are stopping and feeding the ducks? MRS. BARLOW-No, I'm talking about feeding, yes. We have had at one time that I can think of, are large bag of rolls, dumped right on a yard at night and my husband has gone out and cleaned it up. I think the signs have been very helpful. I agree with the idea of the fine. I think that most people, will read it in the paper, they will say yes there is a fine. I think most people will abide by it. I think that nobody wants to be fined for something as ridicules as feeding the ducks. I mean they can spend their money on something else. I think having it there will enforce the fact that you are serious about it, that the community is serious about it. If it is decided that there is no fine, people are going to say, well this isn't taken very seriously, the signs are going to stay, nobody is going to enforce them, we can just ignore them. COUNCILMAN POTENZA-1 don't agree with you Debbie because I think that people, when the signs were put up there, the number of people that were not feeding the ducks have declined. Whether there was a fine imposed or not, the percentage of people that were feeding the ducks have gone down. I think through education and people continuing to except the fact and be knowledgeable on the fact that you are not helping the ducks by feeding them, it will even go down less. MRS. BARL OW-Well as for as education, we have tried that route. COUNCILMAN POTENZA-You haven't given it enough time. AIRS. BARLOW-We have at times stopped what we were doing in the yard, whatever and asked people and explained to them the situation, please don't feed the ducks, explained to them the consequences, the safety of the children, the whole thing and clot of times they will say, 86 okay, they'll get in the car, they'll throw the bread out the window and they'll take off. Now, I'm talking about people who probably don't live in the community near by. You get car loads of people stopping there with kids. COUNCILMAN POTENZA-This has been an attribute to the community for years and years and years and people from the community have continued to feed the ducks and up until the last eighteen months or so, when the educational program started about not feeding the ducks, up until that point, from infants to senior citizens fed the ducks because they didn't know, through education we had told them to feed the ducks. You can't correct something that has been going on for twenty-five or thirty years, in an eighteen .month period. You are always going to get people that are going to for spite, kind of buck the system. We've swung that pendulum completely the other way now. We are saying don't feed the ducks at all, where not too many years ago we were asking for bucks for ducks. So it takes education, and that duck pond has been there for a number of years and people are going to, we will learn, they will learn through reading in the Post Star or through T.V. or radio, don't do it, your not benefiting yourself and your not benefiting the animals. You talk about Price Chopper, I had a woman come up to me and said, well boy I fixed you, I went out and I bought a loaf of bread and 1 went right out in that parking lot, and I just fed those ducks. Lady, you are not doing me any favors, and especially doing the ducks any favors. But they feel sorry for the animal. The breeding ground is gone, the ducks are declining, the number of people that are feeding the ducks are declining, so the pendulum is going the right way. You just have to give Mother Nature and this Town time to except what is inevitably going to happen and that... MRS. BARLOW-You talk about this happening for years and I would be the first one to admit that I used to stop there and feed the ducks. I lived in Bolton Landing and we'd come up, when were in the City and buy bread and feed them. We didn't realize the seriousness, the health problem and the safety problem until we moved there. We were aware of the duck pond. That was a questioned that we've been asked, you saw the problem, why did you build there? We did not see the seriousness of the problem. We did not realize the number of the ducks. We were casual stoppers, just like everybody else in the community who incidentally could have come to the meeting if they felt strongly about feeding them. It was an open meeting, anybody could have come and voiced their opinion on that. Talking about finin_q children, parents are responsible for children until what, eighteen years old? Kids don't walk over there and feed the ducks by themselves. Parents are with them, generally. I very, very rarely, maybe in the summer, a couple of boys on bicycles, ten years old, will stop. Usually they don't have bread with them, with their bicycles. Usually they're with parents. So I think the idea of fining children is just not even something to even consider. COUNCILMAN MONAHAN-Mrs. Barlow as I mentioned, this does not relate only to the ducks at that pond, it relates to all over the Town of Queensbury. I happen to live right near a lake. I know there is many children who feed the ducks. Its working, we train them not to. So don't think that just what is happening in your backyard but all over the Town. If we did this just relative to the pond there, I would say that we would probably have an illegal ordinance because of discrimination. MRS. BARLOW-1 thought this ordinance was specific to Fort Amherst Road. COUNCILMAN MONAHAN-Passed and enforced by the Town Board of the Town of Queensbury directing that ducks shall not be fed anywhere in the Town of Queensbury. MRS. BARLOW-Okay. Is there a way to adjust that so that it specifically... COUNCILMAN MONAHAN-1 would think if we did, and I'm not an attorney, that that would be discrimination, and you can not have a law that is discriminatory. MRS. BARLOW-Okay, you also mentioned the idea of the ducks moving to a corn field for supply. The corn field is not where there is humans, there is not people out there, it is not a community, that is not a problem. This is a community. COUNCILMAN MONAHAN-No, don't misunderstand what / am saying. They get their feed at the corn field, then they're flying back to some of these other places. _ MRS. BARLOW-That is unavoidable though. COUNCILMAN MONAHAN-That is right. MRS. BARLOW-1 don't see any problem with that. But feeding them there directly is the problem. If they do not have a food source right there then they won't spend a great deal of time there. COUNCIL MMAN MONAHAN-Well alot of your ducks from that pond are flying out to the corn fields. 87 MRS. BARL OW-We will learn this over a period of time. There is alot of bodies of water in this area. I'm not certain, but there must be a closer body of water to corn fields then the pond on Fort Amherst. COUNCILMAN MONTESI-Mrs. Barlow, you also realize, not withstanding the fact that you are a resident of Glens Falls, that it's taken a long time and this developed over a long period of time, it may take a long time before you are considered a neighbor of the pond. MRS. BARLOW-1 realize that. I know I'm in a very young position here. COUNCILMAN MONAHAN-I would just like to throw out an historical note here, something that I found out here today. We all talk about Dr. Eisenhart feeding the ducks, those ducks, not the same ducks, were in that pond over fifty years ago being fed by people. That was told to me by somebody who used to feed them. So this is a long standing type of thing in this Town. MRS. BARL OW-My husband and I and the neighbors feel for Dr. Eisenhart. We understand that this is a hobby, that this has been something that has been very important to him over a number of years. But at the some time, just because it has been going on for years and years, does not make it right. The problem has just escalated. That is the main thing. COUNCILMAN MONAHAN-1 agree with you. But we also have to look at the fact that, when they are leaving the pond, they are going to other places like Price Chopper. So that just necessarily to clean up the pond, it may help your problem where you are, but the problem is going to go to some place else in the Town. That is why it's really got to be a problem that is solved over a long period of time, so that we are not just shifting it from one place to another. This is again is part of the problem. SUPERVISOR BORGOS-1 want to call to your attention the rat situation. There is provision here for us to go in and have the rats exterminated by means of trapping. A number of possibilities have been looked at but that is really the only safe and reasonable one, it appears. Dr. Evans has pointed out in a couple of his letters, that unless the feeding has stopped completely, the rat population isn't going to go away. So that is something we have to consider. We'll be spending some Town money to clean up the rat population over a period of a year, unless the feeding is stopped, the rats are going to come back again. That is a problem. DR. EISENHA R T-There is no rat problem. During all of 1988, there were six rats came around the pond. Grown rats incidentally, not youngsters. I killed all six of them. There hasn't been one there for at least a couple of months. Now, there are holes in the bank because at one time I had alot of them. I spent some money back, had the pest control man to come up there to kill off the rats. But there aren't any there now. The pond is inhabited mostly by Mallards, ninety-eight percent. Over the years people have dropped off their domestic ducks. They have them for pets and they decide to get rid of them. They drop them on my pond. I've gotten rid of all those because they are kind of messy. I stay with the wild ducks. I do not want to maintain a nuisance for anybody, even Mrs. Barlow. I would much prefer that the number of ducks drop down to where you begin to urge, to feed them more so we can get more ducks in there. This has been an institution in the Town of Queensbury for a great many years as was pointed out by the Board that this was done when the pond was first developed about sixty years ago. I have reduced the amount of bread I put out and the feed I put out, about a fifth or less of what of ordinarily done in the middle of the winter. This has worked to some degree. But what has worked is they get up and they fly over to Price Chopper or they get up and they fly, somebody told me the other day they saw them up in the Shop N' Save parking lot too. Have you had calls on that one yet? SUPERVISOR BORGOS-I've had calls from Robert Gardens Apartments but not from Shop N' Save. DR. EISENHART-Well I would be happy to help with the Town in any way I can. I object to paying my enormous taxes and not being able to feed wild animals on my own property. 1 think this is unreasonable. 1 certainly have cut way down on the amount of food that I've got. You might be interested, the day, what is today, Tuesday, Friday I think or Saturday, I had a letter from Delaware, from a woman, I have no idea who she is, she sent me a fifty dollar check to help feed the ducks, from Delaware. There is enough money in the bucks for ducks account to buy their corn for a couple, three years yet. At one time Mrs. Barlow was saying that 1 had solicited money. At the best of my knowledge and belief, I never asked anybody for any money for the ducks, it came. The newspapers put the word out and then everybody sent me checks from a/I over the Country, so there is money there to buy the corn. I use it only for corn. I do feel that the problem is being addressed. I do feel that the amount of ducks is going to go down. It has gone down, I think it is going down farther, because they have no place to nest now. A couple of them will nest in my back porch and around the house a little bit but essentially they'll all have to go somewhere else to nest in April. I think at least you ought to take a chance and let it ride for maybe even a year from the time you put up those signs. It does seem to me that is is very perceptive to take an action at this time. I don't like to 88 pay a fifty dollar fine to Mr. Montesi because 1 actually feed wild animals in my own yard. But if I have to pay it, I have to pay it. I understand this. I've sat where you've guys have sat, myself for a while. 1 do not understand why Mr. Dusek and Mr. Montesi want to cut my throat. I can't figure out what I've done to them.... SUPERVISOR BORGOS-1 don't think that that is an accurate... DR. EISENHART-Well...I've been harassed and persecuted on this thing now for days and days and days and again I repeat that none of the neighbors have complained. None of the neighbors. Mrs. Barlow lives half a block away. SUPERVISOR BORGOS-We did get a letter today and I didn't bring it in with me, signed by somebody, I believe he said he lives on the pond, complaining about the rats. COUNCILMAN MONTESI-Webster Avenue. DR. EISENHA R T-Well Webster Avenue is a long block away from there. SUPERVISOR BORGOS-But I believe he says, he's had the rats, is that correct? DR. EISENHART-The rats come up the stream, which comes out of the City. SUPERVISOR BORGOS-We've also had, I believe Orkin Exterminators, who have gone there recently and found sixteen active boroughs for rats. DR. EISENHAR T-Yea, boroughs but no rats. SUPERVISOR BORGOS-But they are active so in other words they believe there are rats there at the moment. DR. EISENHART-There aren't because I live there and 1 would see them. When there are rats there, I see them and I go after them with traps and poison and guns and kill them off pretty fast. But as far as I know there hasn't been a rat there in the last month and half. The last one 1 killed was I guess was in November or October, that was the sixth one in 1988. In times past I've seen the time where there were thirty or forty rats over there and they were hatching them or birthing them. These rats that come there in 1988 all grew up somewhere else, whether in the City or the Town of Queensbury, I do not know. But they were not born around my pond. SUPERVISOR BORGOS-We are not going to check either, we are not going to find out where they were either. DR. EISENHAR T-Okay, thank you. SUPERVISOR BORGOS-Thank you Dr. Eisenhart. We have to reach some conclusion. I've been listening to this whole discussion. At this point I think here a two to two vote coming which is not going to get us too far. COUNCILMAN MONAHAN-May I make some suggestions. I would say as far as an ordinance, let's table it until the end of April, see if the problem is starting to go down. Doc says they leave to nest in April, lets see if they are trying to nest here, or if they are nesting some place else. Lets see what we can do to ENCON and there was another organization also who offered to trap, lets get them over in Price Chopper. SUPERVISOR BORGOS-So you'd like me to investigate the trapping and removal and find out what is available. COUNCILMAN MONAHAN-Yes. Lets get Orkin up there with the rats. Yes the signs fine. Signs in Price Chopper. Right on page 4, that a, I think that is about the signs, replacing if people take it down, are very good. I would suggest those would be the practical things that we can do right now. 1 think we can wait until the end of April, to see if we need to put an ordinance with a fine in. See if the problem is continuing to decrease. See if the people are being cooperative. Because 1 guarantee even with the fine there, you are going to find people dropping bread in the middle of the night some place on the street hoping the ducks will go get it. SUPERVISOR BORGOS-Based on what you are saying, may 1 propose from what everyone has said, perhaps a compromise solution here. (TAPE TURNED)....wished to add after the Southern Audubon Society, the words in parenthesis, who stipulated that the duck population has decreased as compared with last year, end parenthesis. Would that be correct? COUNCILMAN MONAHAN-Yes. ; 89 SUPERVISOR BORGOS-On the forth page. I think the only way we are going to get any action here would be to agree to remove paragraph B related to fencing and agree to remove paragraph C. which relates to the fining. With the rest of this resolution to remain in tact and the ... COUNCILMAN MONAHAN-Excuse me Steve but D relates to C, so if you are going to leave D in you are going to have to reword it. SUPERVISOR BORGOS-Okay, how about strike, when drafting said ordinance, so that the Town Board of the Town of Queensbury examine whether seasonal feedings could be allowed, so forth. COUNCILMAN MONAHAN-Of course I think you are going to negate your whole.... I SUPERVISOR BORGOS-That will investigate it. Strike in paragraph D, the words, when drafting said ordinance. Because Betty indicates that it refers to just above. So the thrust of this would be to have a resolution talking about the whole issue, say yes, it's a nuisance, yes we should stop feeding, yes we should put up the signs. 1'd like to also on A on that page, and place any further signs as maybe necessary at the pond or elsewhere. That would include then the Price Chopper parking lot to indicate to the public the ducks shall not be fed. So we add the words, at the pond or elsewhere. DR. EISENHAR T-You are aware that somebody torn down, not 1, the sign... SUPERVISOR BORGOS-There were two, there was one on each side of the road. I notice the bare post there. We've since had some less expensive paper signs made to be posted on less expensive plywood. Hopefully they will stay up. Perhaps that will be a compromise at this point. Otherwise if we were to vote on it, it would be two to two and there would be no action, we would have nothing. At least this way we'll have a resolution on the books which will say we've got a problem with the thought that will come back and take a look at it in six months, see what happens. This would be the first year then, when there wouldn't be any nesting potential across the street because that may by itself reduce a major portion of these ducks. We will go out and trap the rats, get rid of the rats. Hopefully with enough signs, with enough publicity, people will stop feeding, that means less food will be around and that hopefully will stop the accumulation of food and the food supply of the rats. COUNCILMAN MONAHAN-It is also Steve, not only just stop feeding at the pond, but stop feeding at other places. That also means that people are going to have to be careful about storage, where they store the garbage and so on and so forth, not make that accessible. SUPERVISOR BORGOS-Is this a reasonable compromise. COUNCILMAN MONTESI-What you've done is left in tact the two and half hours we spent last week, the findings. 1 think Paul Dusek has put together reasonable conclusions of what happened at the public hearing, the good, the bad, the positive, the negatives. 1 don't have a problem with that. Do you want to say we are going to address this in April? SUPERVISOR BORGOS-1 think we just go on the record as saying that. 1 don't know there is a place to say that here. April, May, June, when things slow down a little bit and we'll be monitoring in the mean time. Hopefully the news media will tell the public that it really is not a good idea to feed them, and we would be happy if people didn't feed them and we'll see what happens. COUNCILMAN POTENZA-We can call on other organizations like the Water Fowl and the Audubon Society, and any others, perhaps they can put in their two words in. SUPERVISOR BORCOS-Maybe do some publicity too. SUPERVISOR BOR COS-We've got a substantial amount of publicity that has come to us from the Department of Environmental Conservation. Some brochures that we purposefully did not put out prior to the public meeting, so as not to take a side in this issue. But they've come to us and we will have those available in the Atrium, indicating that it is not a wise idea to feed the ducks. ATTORNEY DUSEK-One comment with reference to A. In light of the fact that there might not be an ordinance, A really just goes to signs. 1 guess the question would be is whether the Board would want to have a directive in this part before, like until further order of the Board, that there would be no feeding and as such. SUPERVISOR BORGOS-Yes. There would be no feeding... ATTORNEY DUSEK-Or ducks shall not be fed and signs directing that ducks shall not be fed. 90 COUNCILMAN MONAHAN-And that would be at the pond or elsewhere just like we did with the signs, because we don't want them fed in Price Chopper or any place else. SUPERVISOR BORGOS-Wild ducks. We've got to say wild ducks. So we are inserting after the word Board, in the first sentence after a, wild ducks shall not be fed and signs directing that ducks shall not be fed shall continued to be maintained. So we are saying that the ducks shouldn't be fed and the signs shall be put up and kept up. Now if you remove a sign that has been put there, properly, that is a violation of some sort, isn't it, in general? ATTORNEY DUSEK-If you wanted to make it a violation, which 1 think it should be put into here... SUPERVISOR BORGOS-The removal of said signs... where should we put it? Destruction or removal of signs...Will that be subject to an ordinance and public hearing and all that? _ ATTORNEY DUSEK-If you wanted to add a provision relative to a monetary amount would be occasioned by the taking down of sign or something, it would have to be conducted by a civil action. SUPERVISOR BORGOS-How about, persons destroying or removing signs shall be prosecuted? ATTORNEY DUSEK-You could do that. SUPERVISOR BORGOS-Persons defacing, destroying, or removing said signs, will be prosecuted. That goes at the end of a, at the recommendation of the attorney. Does the amendments meet with the approval of those people who introduced and seconded? COUNCILMAN POTENZA-Yes. COUNCILMAN MONTESI-Yes. SUPERVISOR BORG OS-We are ready for a vote. RESOLUTION OF LOCAL BOARD OF HEALTH REGARDING NUISANCE CAUSED BY DUCK POP UL A TION RESOLUTION NO. 9, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury is by operation of law the local Board of Health for the Town of Queensbury, and WHEREAS, complaints where made to the Town Supervisor concerning a nuisance caused by the existence of a large population of wild ducks in and near a pond location on or near property owned by Dr. Charles Eisenhart at 238 Bay Street, Queensbury, New York, and WHEREAS, the Town Supervisor and Local Health Officer, Dr. Robert Evans, investigated the complaints and found that the wild duck population was creating a nuisance which affected the health and well-being of the inhabitants and property owned by them in that area of the Town of Queensbury, and adjacent areas of the City of Glens Falls near the general vicinity of said pond, and WHEREAS, the Town Board as the Local Board of Health for the Town of Queensbury held a public hearing with due and proper notice on January 24, 1989, at which time all person interested in the subject of the nuisance caused by the wild duck population were heard, and WHEREAS, notice of public hearing was personally served upon Dr. Charles Eisenhart by serving a copy of the notice of public hearing and a copy of the resolution setting forth the date of public hearing, which resolution, among other things, stated that the nuisance appeared to be situated upon property owned by Dr. Eisenhart, and WHEREAS, number of people spoke at the aforesaid hearing, including Attorney Jeffrey Canale who indicated he represented Dr. Eisenhart and who spoke on behalf of Dr. Charles Eisenhart at said public hearing, and WHEREAS, the Local Health Officer, Dr. Evans, has submitted written letters concerning the said nuisance and has also expressed his opinion at said public hearing that the wild ducks did constitute a nuisance, NOW, THEREFORE BE IT RESOLVED, that the Local Board of Health of the Town of Queensbury hereby states that 91 the complaints about the nuisance caused by the large population of wild ducks have been examined and investigated by a review and investigation made by the Local Health Officer, Dr. Evans, and by a public hearing held in connection with this matter, and BE IT FURTHER RESOL VED, that the Local Board of Health of the Town of Queensbury makes the following findings and conclusions: 7. that based upon all the evidence heard at the public hearing, including statements offered by Mr. Conale, Attorney for Dr. Eisenhart, statements made by Dr. Evans, Local Health Officer, statements of local property owners, statements make by John Brennan as Glens Falls Ward Councilman, AI Koechlein as a DEC Wildlife Biologist, Bob Henke as a Conservation Officer, Nancy Curtis with the Southern Audubon Society (who stipulated that the duck population has decreased as compared with last year), and based upon the water samplings that were taken of the pond water which showed pollution, and based upon the fact that the wild ducks are wandering into other areas of the Town of Queensbury, such as the parking lot of Price Chopper that the wild ducks are in fact causing a nuisance in the Town of Queensbury in a number of areas including the area near the pond on or near the property owned by Dr. Eisenhart, and that such nuisances consist of : A) interference with traffic near the pond and in other areas of the Town of Queensbury, B) interference of property ownership rights and destruction of property such as the destruction of lawns by the wild ducks in the general vicinity of the pond, and C) pollution of the pond water, with such pollution also posing a health risk for those who come into contact with the pond water, 2. that the nuisance caused by the significant number of wild ducks is a nuisance that has been developing over many years and increasing in scope, and that numerous residents of the Town of Queensbury and other areas have been feeding the wild ducks and causing their numbers to increase and compounding the problem of the nuisance, 3. that based upon all information presented, it is the local Board of Health's determination that the problems or nuisance of the wild ducks is a community or Town problem and not as a result of the sole actions of Dr. Eisenhart, owner of the property upon which the pond is situated, but that nevertheless measures must be taken to alleviate the nuisance at this time, 4. that there are various types of wild ducks located at the pond, consisting of permanent residents, wild ducks coming from long distances, and wild ducks coming from short distances, such as Glen Lake or Lake George, and that by reason thereof the wild duck population in the vicinity of the pond varies seasonally, 5. that reduction of the wild duck population would alleviate the nuisance and problems being caused to various people and property owners in the area, 6. that the various options that exist in attempting to limit the population of wild ducks include: A) the elimination of the food supply presently existing for the wild ducks, B) the capturing and transportation of the wild ducks to other areas, C) the placing of netting in and about the pond to prevent the wild ducks from nesting there, D) the fencing of the pond areas or other property near the pond, E) the installation of signs indicating that the wild ducks should not be fed and also signs indicating duck crossing or other signs indicating that ducks are in the general area, and F) filtering or screening the pond to avoid contamination or pollution, 7. that the problem is not a type of problem that will be alleviated in the short term but there must be long term action taken by the Town Board of the Town of Queensbury to alleviate the problem, 8. that a secondary problem is developing in connection with the encouragement of a growth of a rat population by reason of food being left in the vicinity of the pond area, 9. that based upon all of the information presented and all of the options available to control the nuisance, the Local Board of Health finds in necessary to reduce the wild duck population in the area of Dr. Eisenhart's property and control the wild duck population in other areas of the Town of Queensbury, and that the following measures are the most practical, expedient, and the least expensive means of controlling the problem and as the Local Board of Health. ORDERS the suppression of the nuisance and removal of nuisances as follows: 92 a) that until further order of this Board wild ducks shall not be fed and signs directing that wild ducks shall not be fed shall continue to be maintained by the Town of Queensbury at the locations where the some are presently in existence and that the Town Board of the Town of Queensbury shall determine whether any signs have been removed and if so, replace such signs and the Town Board shall further have power to place any further signs as may be necessary at the pond or elsewhere to indicate to the public that the wild ducks shall not be fed. Persons defacing, destroying or removing said signs shall be prosecuted. b) that the Town Board of the Town of Queensbury examine whether seasonal feeding of the wild ducks could be allowed without negating the purposes of this order, that is to reduce the number of wild ducks and location of the same, c) that an exterminator to be hired to trap any rats existing on or near the site where _ the wild ducks are located, with the cost of such exterminator to be paid for by funds budgeted for use by the Local Board of Health in such cases, d) that the Town Supervisor on behalf of the Local Board of Health, investigate trapping and removal operations of the wild ducks with Federal and State Authorities, determine the time of year that it is best to trap and remove the wild ducks, ascertain what processes are necessary to secure permits, whether such permits in this case would be granted, and upon receipt of this information, call a meeting of the Local Board of Health so that the Board may determined if such action is then warranted, e) Dr. Eisenhart, as owner of the premises upon which the wild ducks are situated, is required to assist in the suppression and removal of the nuisance herein found to exist by cooperating at all times, with the Directives of the Local Board of Health as herein set forth, and by allowing access to his property to carry out the directives contained herein, or in the alternative, to take such measures called for by the terms of this resolution on his own, and in the event that Dr. Eisenhart, as owner of the premises, fails to comply with this order, within 24 hours of delivery of a copy of the some upon him personally, the Local Board of the Health, its servants and employees, shall proceed to take any action necessary to enforce the terms of this order and resolution and remove or suppress the nuisances as provided herein in accordance with .¢1305 of the Public Health Law, and that an action be brought to compel compliance and recover damages incurred by reason by any noncompliance. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka COUNCILMAN MONA HA N-Referred to the communication from Dr. Eisenhart which noted that a resident by the name of Potter who lives at the east end of Lake Avenue with Butler Creek which forms a pond in his yard, contacted him that morning, he noted that some sort of pollution forms in the creek, a white material with bubbles in it. He also noted that he is concerned with the amount of life that is being killed off from this pollution. Could we refer this to Dan Olson or DEC to have this looked into? SUPERVISOR BORGOS-Yes, we certainly could have Dan take a look at it and document it. Also noted that that type of foaming action has been noticed deep in the woods this year. RESOLUTION TO ADJOURN BOARD OF HEALTH RESOLUTION NO. 10, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Queensbury Board of Health hereby adjourns and reconvenes as Regular Session of the Queensbury Town Board. Duly adopted by the following vote: — Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka QUEENSBURY TOWN BOARD 93 RESOL UTIONS RESOLUTION TO UN TABLE RESOL UTION NO. 56 OF 1989 RESOLUTION NO. 79, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOL VED, that the Town Board hereby untable Resolution No. 56 of 7989, titled ' RESOL UTION AUTHORIZING MAP, PLAN AND REPORT'. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION AUTHORIZING MAP, PLAN AND REPORT RESOLUTION NO. 56, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Northern Homes, Inc., has presented an application for a subdivision to be known as Bedford Close, Section 6, to the Planning Board for the Town of Queensbury, and WHEREAS, a portion of the area proposed for the location of said subdivision is not within a water district but is located within 7,000 feet of the Queensbury Consolidated Water District, and WHEREAS, Article 8, paragraph K of the Subdivision Regulations of the Town of Queensbury provide that where an existing water main exists within 7,000 feet of a proposed subdivision, a request to connect to the some must be made to the Town of Queensbury, and WHEREAS, Northern Homes, Inc., has made a request to connect to the water main of said district, and i WHEREAS, by reason of the said request, it is necessary to commence a legal proceeding to extend said water district to include the subdivision area, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Kestner Engineers, P.C., to prepare a general map, plan and report for providing water improvements to the subdivision heretofore described, and BE IT FURTHER, RESOLVED, that such map, plan and report should conform with the requirements of Section 209C of the Town Law and that said map, plan and report shall be prepared at the expense of Northern Homes, Inc., who shall indicate its agreement to pay for the some in writing, prior to the time such map, plan and report is prepared, and BE IT FURTHER RESOL VED, that following completion of such map, plan and report, a public hearing will be held at a date to be set by the Town Board of the Town of Queensbury and an agreement shall be secured from Northern Homes, Inc., concerning the improvements that are necessary for the new water district and capital costs assessed by virtue of the creation of said extension district . Duly adopted this 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION AUTHORIZING MAP, PLAN AND REPORT FOR WATER TREATMENT PLANT EXPANSION 94 RESOLUTION NO. 80, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury previously authorized the preparation of a map, plan and report for a proposed expansion of the existing Water Treatment Plant and Facilities servicing the water districts of the Town of Queensbury, and WHEREAS, said map, plan and report provided for an expansion to said Water Treatment Plant to enable said plant to treat an additional five million gallons of water per day, and WHEREAS, upon reviewing all information presently available including said map, plan and report, the Town Board desires to pursue an expansion that would result in said Water Treatment Plant treating an additional ten million gallons per day instead of the originally proposed five million gallons per day addition, and WHEREAS, Kestner Engineers, P.C., the engineers who prepared the present map, plan and report advise that the information in said report and gathered for said report can be utilized in the preparation of a further map, plan and report for a ten million gallon expansion to said Water Treatment Plant and that the cost for additional engineering services would therefore be $8,800.00, and WHEREAS, Kestner Engineers, P.C. had presented a letter form agreement to this meeting for retention of services to draft said further map, plan and report, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the preparation of a further map, plan and report for a ten million gallon expansion to the Water Treatment Plant and Facilities, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to enter into an agreement with Kestner Engineers, P.C. for preparation of the further map, plan and report with the form of the agreement to be reviewed and approved by the Town Attorney for the Town of Queensbury, and BE IT FURTHER, — RESOLVED, that the expenditure for a map, plan and report shall not exceed $8,800.00 and shall be paid for from the appropriate budgeted account of the Water District. Duly adopted the 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka COUNCILMAN MONA HA N-Questioned if Supervisor had received a breakdown in dollar amounts of expenses from Kestner. SUPERVISOR BORGOS-Noted that, yes he had received a written statement from Kestner about two weeks ago. RESOLUTION RETAINING THE SERVICES OF GENERAL CODE PUBLISHERS, CORP. RESOLUTION NO. 81, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury is desirous of retaining the professional services of General Code Publishers, Corp., in connection with the codification and supplementation — of the Town of Queensbury legislation, and WHEREAS, General Code Publishers, Corp., has indicated that it would provide such codification and supplementation of the Town of Queensbury legislation adopted through November 1, 1988 for an amount not to exceed $17,500.00 and for codification and supplementation of new subject material adopted after November 1, 1988, for an amount to be billed at the standard per-page rate being charged by the publisher for supplementation at the time the Code is published, and as more further outlined in the annexed letter from General Code Publishers, Corp., and 95 WHEREAS, a proposed, written contract between the Town of Queensbury and General Code Publishers, Corp., has been presented to this meeting which contract provides for the professional services previously described and which contract has been approved by the Town Attorney, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby retains the services of General Code Publishers, Corp., for the purpose of codification and supplementation of the Town of Queensbury legislation, at an amount not to exceed $17,500.00 for legislation adopted through November 1, 1988 and for new subject material adopted after November 1, 1988, the amount shall be billed at the standard per-page rate being charged by the publisher for supplementation at the time the Code is published, and as more fully outlined in the letter and contract annexed hereto, and BE IT FURTHER RESOL VED, that the Supervisor of the Town of Queensbury be and hereby is authorized to contract with General Code Publishers, Corp., for the services provided herein, and the Supervisor is hereby directed to execute the contract on behalf of the Town and a copy of such contract, duly executed, shall be filed with the Town Clerk, and BE IT FURTHER, RESOLVED, that the services be paid with surplus funds. Duly adopted this 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO AUTHORIZE AGREEMENT WITH WARREN AND WASHINGTON COUNTIES BIG BROTHERS/BIG SISTERS, INC. RESOLUTION NO. 82, Introduced by Betty Monahan who moved for its adoption, seconded { by Ronald Montesi. WHEREAS, the Town of Queensbury has heretofore contracted with the Warren and Washington Counties Big Brothers/Big Sisters, Inc., to furnish community services to the Town of Queensbury and to the residents thereof, and WHEREAS, Warren and Washington Counties Big Brothers/Big Sisters, Inc., has proposed to continue said community services in consideration of the sum of $800.00, and has presented an agreement to this meeting for the calendar year 1989, NOW, THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is authorized to contract with the Warren and Washington Counties Big Brothers/Big Sisters, Inc., for the furnishing of community services to the Town of Queensbury and to the residents thereof for the 1989 calendar year and the payment of $800.00 therefore be approved, and the Supervisor is hereby directed to execute the contract on behalf of the Town of Queensbury and a copy of such contract, duly executed, shall be filed with the Town Clerk. Duly adopted this 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION AUTHORIZING CHANGE ORDER FOR CRISAFULLI BROTHERS RESOLUTION NO. 83, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Crisafulli Brothers Plumbing & Heating, Inc., pursuant to contract, has been performing plumbing work in the Activities Center and Town Office Building for the Town of Queensbury, 96 and WHEREAS, Crisafulli Brothers Plumbing & Heating, Inc., has performed certain work in the Activities Center consisting of providing new 4" floor drain in basement of Activity Center, revising sanitary main in Addition, rerouting storm piping, and repiping drain and water to kitchenette, and WHEREAS, Crisafulli Brothers Plumbing & Heating, Inc., has requested a change order no. 3 authorizing said work, for a total fee of $2,161.00, and WHEREAS, Rist-Frost Associates, P.C., the engineer presently reviewing the project for the Town of Queensbury, has recommended that the change order no. 3 be authorized, NOW, THEREFORE BE IT -- RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes and approves change order no. 3 as referred to herein, in the total amount of $2, 161.00 for the work provided by Crisafulli Brothers Plumbing & Heating, Inc., and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to sign and issue the change order referred to herein and upon the receipt of a properly completed voucher, sign and forward the some for processing and payment by the Town of Queensbury. SUPERVISOR BOR COS-Concerned that some of this should have been covered under the original contract. Noted that it was our contention that it was their error that caused the problems. Suggested to hold this resolution over until next meeting. RESOLUTION TO TABLE RESOLUTION NO. 83 OF 1989 RESOLUTION NO. 84, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board hereby table Resolution No. 83 of 1989 titled 'RESOL UTION AUTHORIZING CHANGE ORDER FOR CRISAFULLI BROTHERS', until further information. Duly adopted this 31st of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosako RESOLUTION ACCEPTING RESIGNATION OF KESTNER ENGINEERS, P.C. RESOLUTION NO. 85, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury retained Kestner Engineers, P.C., as Town Engineers commencing May 23, 1988 through December 31, 1988, by resolution no. 211 for the year 1988, and WHEREAS, Quentin T. Kestner, P.E., of Kestner Engineers, P.C., by letter dated October 21, 1988 indicated that the firm did not wish to continue as Town Engineers, NOW, THEREFORE BE IT RESOLVED, that the letter by Quentin T. Kestner, P.E., dated October 21, 1988 indicating that Kestner Engineers, P.C., does not wish to continue as Town Engineers be accepted as a resignation of the firm from the position of Town Engineer, and BE IT FURTHER RESOLVED, that in the event that resolution no. 211, 1988 created the office of Town Engineer, such office is now abolished. Duly adopted this 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 97 Noes: None Absent: Mr. Kurosako RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY AT 14 COLUMBIA AVENUE IS UNSAFE RESOLUTION NO. 86, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Mr. Richard Gijanto, Code Enforcement Officer for the Town of Queensbury, and Mr. N.W. Bodenweiser, Fire Marshall for the Town of Queensbury, have advised that they have investigated and inspected certain property identified as that property owned by Francis Giroux at 14 Columbia Avenue, and bearing tax map no. 117-6-8 and has made findings as more specifically set forth in a memorandum dated January 31, 1989, the original of which is presented to this meeting, and WHEREAS, Mr. Gijanto and Mr. Bodenweiser advise the Town Board of the Town of Queensbury that the property and structures situated thereon are dangerous and have asked the Town Board of the Town of Queensbury to provide for the demolition and removal of said structures and general clean-up of the property, and WHEREAS, photographs have also been presented at this meeting, and WHEREAS, pursuant to Local Law Number 3, 1983 the Town Board may, by resolution, determine whether, in its opinion, that the structures are unsafe and dangerous and thereafter order their repair or demolition and removal, and WHEREAS, said Local Law Number 3, 1983 provides that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE BE IT RESOLVED, that upon reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the property and structures thereon bearing tax map number 117-6-8 are presently unsafe and dangerous and are unfit for the purposes for which it may be lawfully used, and BE IT FURTHER RESOL VED, that a notice be served upon the owner(s) of said property, said notice providing: 1. a description of the premises, 2. a statement of particulars in which said property and structures thereon are unsafe and dangerous, as set forth in Mr. Gijanto and Mr. Bodenweiser's letter, 3. that the structures and other property should be repaired or demolished and removed within 60 days of receipt of this notice, unless good cause is shown by the property owner or other interested persons whereupon the time shall be extended by the Town Board of the Town of Queensbury, 4. that repair or demolition and removal of said structures and other property must be commenced in 30 days of receipt of this notice, unless good cause is shown by the property owner whereupon the time shall be extended by the Town Board of the Town of Queensbury, 5. that a public hearing before the Town Board of the Town of Queensbury, in relation to the dangerous or unsafe condition of the building and property shall be held on February 14, 1989, or not less than 5 days from the date of service of this said notice, whichever date is later, 6. in the event that there is neglect or refusal to comply with the order of this Board to repair or demolish and remove the structures and other property located on said property, the Town Board is authorized to provide for its demolition and removal and to assess all expenses thereof against the real property on which it is located and to institute special proceedings to collect the cost of demolition, including legal expenses, and BE IT FURTHER, RESOL VED, that service of the notice provided for herein shall be in accordance with the provisions of Local Law No. 3 of 1983. Duly adopted this 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 98 Noes: None Absent: Mr. Kurosaka DISCUSSION: (presented pictures to the Board members) DAVE HA TIN, Director of Building & Codes Department-Noted that the complaint came to our office through the tenant that had just recently moved out. Sent Mr. Gijanto and Mr. Bodenweiser over to do an investigative report which confirms the situation and is adjacent to the resolution. Questioned the Town Attorney if the Building Department could post a close sign on this building. ATTORNEY DUSEK-The way the local law is set up, it is designed for the person to have a hearing first, to let the person have an opportunity to repute these charges before you make final rules. COUNCILMAN POTENZA-What is to stop him from having another tenant move in? MR. HA TIN-The building is not livable. ATTORNEY DUSEK-There is a possibility, an emergency provision under that ordinance, if you feel that the proof before you is strong enough to warrant as being posted as closed until the hearing date. I think you can do that, under that provision. MR. HA TIN-That would be my recommendation. RESOLUTION TO POST UNSAFE STRUCTURE RESOLUTION NO. 87, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Mr. Richard Gijanto, Code Enforcement Officer for the Town of Queensbury, and MR. N.W. Bodenweiser, Fire Marshall for the Town of Queensbury, have advised that they have investigated and inspected certain property identified as that property owned by Francis Giroux at 14 Columbia Avenue, and bearing tax map no. 777-6-8 and has made findings as more specifically set forth in a memorandum dated January 37, 1989, the original of which is presented to this meeting, and WHEREAS, Mr. Gijanto and Mr. Bodenweiser advise the Town Board of the Town of Queensbury V that the property and structures situated thereon are dangerous and have asked the Town Board of the Town of Queensbury to provide for the demolition and removal of said structures and general clean-up of the property, and WHEREAS, photographs have also been presented at this meeting, and WHEREAS, pursuant to Local Law Number 3, 7983 the Town Board may, hyresolution, determine whether, in its opinion, that an emergency situation exists relative to the building for which a public hearing has been set by the previous resolution and whether such building should be closed until such time of the hearing, NOW, THEREFORE BE IT RESOLVED, that upon reviewing all evidence presented, the Town Board of the Town of Queensbury feels that there is an emergency situation in connection with the property that has been brought to the attention of the Board, that being the property of tax map no. 717-6-8, the emergency being that of the premises being unfit and unsafe for any person to live in and that therefore the Board directs that the Building Inspector or member of his department post the building with a sign indicating that the building is closed to the public and that there shall be no inhabitants allowed in said building. Duly adopted this 31st day of January, 7989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosako RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY RESOLUTION NO. 88, Introduced by Betty Monahan who moved for its adoption, seconded 99 by Marilyn Potenza. WHEREAS, the International Open Para-Ski Meet has requested permission to conduct a ski meet with a fireworks display as follows: SPONSOR: International Open Para-Ski Meet PLACE: West Mountain Ski Resort DA TE: February 4, 1989 TIME: 7:30 P.M., NOW, THEREFORE BE IT RESOLVED, that the Town Clerk, in accordance with the Penal Law of the State of New York, §405, is hereby authorized to issue a permit to the aforesaid sponsor subject to the following conditions: A. An application for permit be filed which sets forth: 1. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display, 2. The date and time of day at which the display is to be held, 3. The exact location planned for the display, 4. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks, 5. The number and kind of fireworks to be discharged, 6. The manner and place of storage of such fireworks prior to the display, 7. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communication, the lines behind which the audience will _ be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstruction. B. Proof of Insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; C. Inspections and approval must be made by the Queensbury Fire Marshall and the Chief of West Glens Falls Volunteer Fire Co., Inc.; D. Cleanup of the area must be completed by 10:00 A.M., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to the Penal Law of the State of New York, §405, provides: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that _. all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically 100 fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two such operators constantly on duty during the discharge and that least two sodaacid or other approved type fire extinguishers of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka COUNCILMAN MONAHAN-Request that a whole harmless clause be put into the certificate of insurance and the Town Clerk notify them of that request in the morning. SUPERVISOR BORGOS-1 would like to add also that the Town Clerk shall notify the Warren County Sheriff's Department and the New York State Police, that this event has been permitted. COUNCILMAN MONAHAN-Noted the cancellation on the certificate of insurance is very sloppy and loosely done, and not much protection to the Town. ATTORNEY DUSEK-Suggest that the insurance company be notified and request that they change that cancellation clause. If they do not change the clause, request for verification that the insurance will be in effect on February 4th. Adding also the whole harmless clause to the request. The understanding from the Board that they wish to have these three criterias met before you will allow this event to occur. SUPERVISOR BORGOS-Noted that the event is to take place in three to four days. Because of the timing on this, would the Board agree to permit the Attorney to make the decision as to whether these things have been complied with? Board Members noted their agreement. RESOLUTION APPROVING SPECIAL AUDIT RESOLUTION NO. 89, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the audit showing on Abstract January 31st 1989, and numbered 89-103 and totaling $800.00 is hereby approved. Duly adopted this 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO ENTER EXECUTIVE SESSION RESOLUTION NO. 90, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Town Board of the Town of Queensbury hereby move into Executive Session to discuss active litigation; personnel related to specific individuals and the selection of specific individuals for positions; professional services, specifically to look for a Town Engineer, and consultants to the Planning Board. Duly adopted this 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO ENTER REGULAR SESSION RESOLUTION NO. 91, Introduced by Marilyn Potenza who moved for its adoption, seconded poi by Betty Monahan. RESOL VED, that Town Board of the Town of Queensbury hereby move into Regular Session of the Town Board. Duly adopted this 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION HIRING ENGINEER FOR THE TOWN OF QUEENSBURY RESOLUTION NO. 92, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury desires to employ an engineering firm to give such professional services as may from time to time be required by the Town of Queensbury, and WHEREAS, pursuant to X20 of the Town Law of the State of New York, the Town Board is given the authority to employ an engineer if the office of Town Engineer is not established, NOW, THEREFORE BE IT RESOLVED, that Rist-Frost Associates, P.C. are hereby employed as engineers for the Town of Queensbury to give such professional service and advice as may be required from time to time, by the Town Supervisor, the Town Planner or the Town Attorney and provided that the Town Board may employ such other engineers for such projects and at such times as it deems appropriate and BE IT FURTHER RESOLVED, that the said engineers shall enter into an agreement with the Town of Queensbury concerning services to be rendered and billing practices in a form to be approved by the Town Attorney and such agreement shall also provided that the said engineers will bill on a fixed amount or on an hourly basis for any and all services as provided in a letter submitted by said engineers on April 29th, 1988 as amended by way of telephone conversation which the Town Supervisor in said telephone conversation to be confirmed by way of written letter, and BE IT FURTHER RESOLVED, that the fees incurred to pay for the engineers for the Town of Queensbury shall be paid from the Town Engineer Account. Duly adopted this 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO RETAIN ENGINEERING CONSULTANTS TO THE PLANNING BOARD RESOLUTION NO. 93, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury acknowledges and recognizes the need of the Planning Board for engineering expertise and advice when reviewing certain subdivision -- plats and site plans presented to it, and WHEREAS, the Town Board of the Town of Queensbury has the authority to retain an engineer for such purposes, and WHEREAS, the Zoning Ordinances and Subdivision Regulations of the Town of Queensbury provide that the developer shall be responsible for paying costs incurred in connection with the review of site plans or subdivision plats by engineers retained by the Town of Queensbury for such purposes, 102 NOW, THEREFORE BE IT RESOLVED, that Clough, Harbour and Associates of Albany, are hereby employed as engineers for the Town of Queensbury Planning Board, to give such professional service and advice as may be required from time to time, as set forth more specifically hereby, and BE IT FURTHER RESOL VED, that the Planning Board for the Town of Queensbury may call upon said engineering firm for services pertaining to SEQRA Review or other related environmental issues provided that an agreement is secured from the developer or persons requesting Planning Board action that the services of said engineers will be fully paid, and provided further that an escrow agreement is obtained from the said developer or persons in sums sufficient to pay for the said engineering services, one (1) month in advance, such escrow account to be maintained by the Town of Queensbury, — and BE IT FURTHER RESOLVED, that when the said engineers are retained, the said engineers shall enter into an agreement with the Town of Queensbury concerning services to be rendered and billing practices in a form to be approved by the Town Attorney. Duly adopted this 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO AUTHORIZE SETTLEMENT OF CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASES RESOLUTION NO. 94, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, certain Article 7 Real Property Tax Assessment Review Cases have been commenced against the Town of Queensbury, and WHEREAS, the Town Board has reviewed the tax assessment review cases 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 cases be settled with respect to the 7987 and 7988 assessment rolls as indicated and as follows: 1. 36-2-20 - Meadow Run Development Corp. (Vacant swamp land) to be assessed at $27,500.00 (1987 and 7988); 2. 2-7-10 - Dark Bay Association - to be assessed at $100,000.00 (7987 and 1988). Duly adopted this 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO CHANGE MEETING DATES RESOLUTION NO. 95, Introduced by Marilyn Potenza who moved for its adoption, seconded _ by Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury change the meeting times for the Month of February, the 14th and the 28th, both to be held at 4:30 P.M. Duly adopted this 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 103 Noes: None Absent: Mr. Kurosaka RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 96, Introduced by Stephen Borgos who moved for its adoption, seconded by Ronald Mon tesi. RESOL VED, that the Town Board of the Town of Queensbury hereby move into Executive Session to continue discussing issues from previous Executive Session. Duly adopted this 31st day of January, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka On motion, the meeting was adjourned. RESPECTFULL Y SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY