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1991-08-19 REGULAR TOWN BOARD MEETING AUGUST 19,1991 7:05 P.M. MTG#35 RES# 442-459 B.H. 32-33 BOARD MEMBERS PRESENT SUPERVISOR STEPHEN BORGOS COUNCILMAN MARILYN POTENZA COUNCILMAN RONALD MONTESI COUNCILMAN BETTY MONAHAN BOARD MEMBERS ABSENT COUNCILMAN GEORGE KUROSAKA TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS KATHLEEN KATHE, DAVID HATIN, RICK MISSITA, PAUL NAYLOR, SUSAN GOETZ PRESS G.F. POST STAR, MOREAU SUN, WWSC PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STEPHEN BORGOS PUBLIC HEARING LOCAL LAW AMENDING LOCAL LAW NO.2 OF 1982 OVERNIGHT WINTER PARKING PUBLIC HEARING OPENED 7:06 P.M. SUPERVISOR BORGOS-I'll ask the Clerk if this has been advertised? TOWN CLERK-Yes. SUPERVISOR BORGOS-This law would regulate overnight parking on the streets of the Town. Generally this law has been in effect for a number of years there are some proposed changes here as I recall. I'll ask anyone to step forward at this time to speak either for or against this regulation or to ask questions about it. I see no hands, I hear no voices, any Board members? COUNCILMAN MONTESI-Do we do this every year? SUPERVISOR BORGOS-I don't know that this is we don't necessarily do this every year is that right there are some changes in this one. Ron has asked if we do this every year, I don't recall doing this every year. ATTORNEY DUSEK-No. The only changes being made in this law is dealing with there was a part in it that said, in otherwords there would be no parking except where signs permitting parking were allowed. Upon review of this one from a legal perspective we felt the law is written with that exception in it with subject to a potential legal attack and also confirming with Paul or Rick someone in the Highway Department that there were no signs anywhere in Town that would allow parking so we figured to be safe take out the language clean up the statue just make it better. COUNCILMAN MONTESI-Where would one of those exception have been where no parking except where it was accepted what would of prompted that? Where would it have been where we would of said, no overnight parking for snow removal except what sign would have been there. RICK MISSIT A,DEPUTY HIGHWAY SUPERINTENDENT -None that I know of. COUNCILMAN POTENZA-There isn't any. COUNCILMAN MONTESI-I can't imagine us making a special sign and say you can't park here during a snowstorm. COUNCILMAN POTENZA-This is snow emergency right? SUPERVISOR BORGOS-This is all the time from, what's the date November, I didn't memorize the date? TOWN CLERK-Commencing on November 15th, of each any every year. SUPERVISOR BORGOS-And continuing during December, January, February, and March. Okay, will close the public hearing, Mr. Olson. DAN OLSON-Could I raise a question on that? SUPERVISOR BORGOS-We just closed the public hearing, but if you insist. Can I simply reopen by myself without a special motion? ATTORNEY DUSEK-I think so. SUPERVISOR BORGOS-Good, we just reopened it. MR. OLSON- Are you talking about parking the cars on the road or the right-of-way? SUPERVISOR BORGOS-On highway as defined in the vehicle and traffic law. I was satisfied that the legislation said on highway as defined in the D & T Law and I was very comfortable with that. I would guess we're talking about the driving lanes, Rick we not talking about shoulders also? Mr. Missita said we're dealing with the shoulders also. COUNCILMAN MONTESI-The problem is if you allow somebody to park on the shoulder your going to plow the snow and block them in. SUPERVISOR BORGOS- They'll only do it one. MR. OLSON-The reason I brought that question up I know of narrow streets in subdivisions where there are cars that have been parked permanently for a period of a year on the shoulder, I assume a person can have one umegistered vehicle. SUPERVISOR BORGOS-On the property. MR. OLSON-On the property. This has got to be on the right-of-way they have sat there and have been plowed in. I wanted to clarify how you were wording that. COUNCILMAN MONAHAN-I believe if there on the right-of-way the Sheriffs Department should be notified to move those after a certain period of time. SUPERVISOR BORGOS-Will close the hearing. RESOLUTION TO ENACT LOCAL LAW NUMBER 15, 1991, ENTITLED "A LOCAL LAW AMENDING LOCAL LAW NO.2, 1982, REGULATING OVERNIGHT WINTER PARKING ON PUBLIC HIGHWAYS" RESOLUTION NO. 442, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local law to Amend Local Law NO.2, 1982, Regulating Overnight Winter Parking on Public Highways, and WHEREAS, a copy of the proposed local law entitled "A Local Law to Amend Local Law No.2, 1982" has been presented at this meeting, a copy of said local law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on August 19, 1991, a public hearing with regard to this local law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to Amend Local Law No.2, 1982, Regulating Overnight Winter Parking on Public Highways, to be known as Local Law Number 15, 1991, the same to be titled and contain such provisions as are set forth in a copy of the proposed law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka LOCAL LAW NO. 15,1991 A LOCAL LAW AMENDING LOCAL LAW NO. 2,1982 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1.: TITLE: This Local Law shall be known as "A Local Law Amending Local Law NO.2, 1982, Regulating Overnight Winter Parking on Public Highways" SECTION 2.: PURPOSE: The purpose of this Local Law is to amend Section 1 of Local Law No.2, 1982, to read as follows: SECTION 1: It shall be unlawful for the owner or operator of any type of vehicle to cause or to permit said vehicle to stand upon the portion of any highway, as "highway" is defined by Section No. 118 of the Vehicle & Traffic Law of the State of New York, within the Town of Queensbury, during the hours from 12:00 midnight to 6:00 a.m., commencing on November 15 of each and every year, and continuing to the following months of December, January, February and March. SECTION 3: This Local Law shall take effect immediately. DISCUSSIONS GLENS FALLS YOUTH CENTER Presentation made by Matt Condon, Director of Glens Falls Youth Center to the Town Board requesting funding for the year. LITERACY VOLUNTEERS Presentation made by Mary Ann Schwiekert, Executive Director of Literacy Volunteers to the Town Board requesting funding for the year. FARMERS MARKETS Discussion held on Transient Merchant Law and how it pertains to the matter of Farmers Markets it was the decision of the Board to look into this matter. CROSSMAN-UNSAFE STRUCTURE Discussion held on the Crossman residence Dave Hatin, Director of Building and Codes noted to the Board that he has received complaints from neighbors that Mr. Crossman is still residing at the residence which is in violation of a previous Town Board resolution. RESOLUTION AUTHORIZING REQUEST FOR COURT ORDER RESOLUTION NO. 443, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Stephen Borgos: A Resolution authorizing the Supervisor to sign any papers that may be necessary to request a Court Order against Mr. Crossman. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka DAN OLSON-TOOMEY PROPERTY, SUNNYSIDE ROAD SUPERVISOR BORGOS-It came to my attention several days ago when I spoke with Mr. Olson that there have been one or more complaints dealing with possible quality of the water on Lake Sunnyside. Mr. Olson had at that time already conducted some tests and was to do some more tests and I asked him then if he would come in and speak to us this evening. Now, other advice from the Town Attorney no problem hearing him make the presentation as the Town Board if we want to take action will have to become the Board of Health is that correct? ATTORNEY DUSEK-Yes. SUPERVISOR BORGOS-So I've asked Mr. Olson who is technically your the Investigator for the Lake George Affairs Committee of the Warren County Board of Supervisors anyway he's the county employee who looks at all the lakes in the county when specific complaints are lodged particularly about water quality. Dan would you come up and tell us how many complaints you had and what you've did, and what you've found, and maybe you could make some recommendations. MR. OLSON-I like to appear before you tonight I wear a different hat other than a resident of the Town of Queensbury as an employee of Warren County the Lake Affairs Department. Steve, you pretty much touched on what happened and a little bit of the background here. As your aware this summer the County and the Town have been doing some work have been doing a project through the Planning Department called a small lake study in the Town of Queensbury most of the work has been zeroed around Glen Lake this sununer so far next year will get into Sunnyside and Dream Lake area. But, as a result of that work and some other complaints that came in and some of the residents from that area are here this evening Mrs. King, Mr. Cutra, which I've met with on Sunnyside back on July 10th. Mrs. King had called me last fall late in the summer early fall and had discussed the population of ducks and seagulls that were coming to the lake which was unusual for that lake because I think in other years there were a few, but not as many as before and I went out and discussed with her that probably we had a problem with the people feeding those animals which we've run into in Lake George and other lakes the same as Glen Lake. But, the time went on and the fall came and things got over, I said will get back into it this spring which we did so we get up to date about where we are. What came about was looking at the lake and looking at some different locations over there myself on July lOth, Mrs. King, Mr. Cutra, Mrs. Monahan, and Lee York, from your Planning Department and myself we used two boats. I had the residents of the lake take me out because I wasn't exactly familiar with the lake, I mean I know the lake I used to swim there and go down the slide in the area that I'm going to talk about in a minute here. But, there was some concerns from residents there Steve about possible odors or possible contamination maybe in the water from units year round residents or rental units. I want to tell you this and make it very clear to you that I did take six water samples from six different sites around the lake in the populated areas. All the sites with exception of one, one was a little high which took me back the second time on those sites the water came in very clear in most cases the fecal counts were very low very acceptable for swimming contact recreational use which is a term the Health Department uses for public beaches we're talking about private property now mind you not public beaches, but it is private property. That was encourage except for an area what I would call the lake area where there used to be a pavilion for a number of years which borders real close to the Sunnyside Road. That was obviously a lot of high weed growth in there and the area where there used to be a slide there used to be a large dock out there for swimming and that's still a cement pier out into the lake. It's an area that's used constantly with people swimming there residents, I'm sure of the area residents of the Town going there. The day we were on the lake was quite warm probably 80 to 85 degrees two families came in there with small children that were swimming in the water, playing in the water and also eating their lunch feeding the ducks just having a good time unfortunately what they were doing wasn't the greatest thing for them to be doing in that particular water. One of the samples that I took in that general area we talk about a plat count or a total count came back in a number that was excessive for contact recreational use with a number triggered in my own mind in looking at it that there could be a possible problem in that area. I went back up there and got the test results on the 25th, and I took two more samples from the immediate area in that again, the end of the lake type thing where the former pavilion used to be. Again the fecal counts were quite acceptable very low but again, the plat counts and the total counts either were to numerous to count or mat growth which is a lab definition which is a definition of a plat that's grown over too much it could be just something from the water but it is obvious that there are other things going on in there. In that particular area through the summer when people were swimming there and having picnic's the garbage that was collected from their parties went into a 55 gallon oil barrel that has sense tipped over into the water. As they had parties and picnic's there cans and bottles, cardboard cartons, milk cartons, soda cartons, left over sandwiches and that sort of stuff have ended up in the lake in the beach area between the water and the dirt so you have a concentration what I would say real garbage down there. What happens with the garbage is that you get the gulls, birds, and ducks come in there to eat that for food then they leave their waste material is deposited there in that area then the snails start eating that and then you get into the swimmers itch type thing or beaver fever that we hear so much about. That's what my concern was to bring this to your attention of this location, I feel confident that once the area is cleaned up and that is removed from there and the owner of the property cleans up the lake area, beach area the debris that's in the water, I think in a very short period of time your going to see, I would say a week to ten days probably we've seen this evident in Lake George in a matter of three days it's happened in some cases five days once the debris is taken out like the Million Dollar Beach a few years ago where the sand was really clean very deep and cleaned up good the counts dropped to normal conditions very low. I would ask you to consider a direction from the Board to direct the owner to and my recommendation would be that whoever owns the property would be responsible for cleaning that property and I think your going to find that the water sample results in that area will comeback to a level that's not going to be dangerous or might lead to something else. The problem is if it's not taken care of in a short period of time the summer's about over now close to it it's still going to keep going on next year your going to have the same type of situation some of this is from other years I assume from some of these letters I've seen. Your going to have a regrowth of this and it's going to start spreading once it takes off the high counts will start moving and if we get another hot summer just like we had this summer you could get into some swimmers itch. SUPERVISOR BORGOS-I talked to you very briefly about this. I think you said you talked to Dr. Evans who is our Town Health Officer, what did Dr. Evans say? MR. OLSON-I discussed this on the phone and I discussed this in person about two weeks ago with Dr. Evans and I discussed it again last week on the phone with at his office telling him what was going on after we re-sampled again. He was concerned about this, I explained to him what I could see out there and I said maybe I'm a little bit extra percautious right now, but I think your looking at a situation that could mushroom and get more serious and said I like to have your support in this. I explained to him and told him what the numbers were and he said he would definitely support this type of a measure to get the area cleaned up. We've done other projects with Dr. Evans like this or I have and other health officers in other Towns and also with the State Health Department it's mainly what they look at the first step and the first procedure that they go through when there is some investigation type materials and complaints. I did not get a statement from him today infact I did get through to him in his office but he was very busy today and was not able to get a statement, but he said he would support this issue. SUPERVISOR BORGOS-Before we go any further or ask anymore questions let me ask the Town Attorney if indeed in order to take any action we have to be the Board of Health would if it be your recommendation because we maybe coming out of here with something that we should become the Board of Health earlier rather than later in case we want to have some public input. I've been advised that some members of the public might want to speak even know we know this is not a public hearing. ATTORNEY DUSEK-I think if you want to work to resolve the issue tonight or take some sort of action it might be just as well worthwhile to go into the public Board of Health now because first of all just from a mechanical point of view Darleen will be able to incorporate this at your request. You can listen to any other evidence that you have and then you can issue a preliminary order tonight as the Board of Health. SUPERVISOR BORGOS-Ifthat's what we want to do. ATTORNEY DUSEK-If that's what you want to do right. SUPERVISOR BORGOS-I would ask that, I'd like to hear more and get rid of this as a problem, but we have a motion to become the Board of Health. RESOLUTION ENTERING BOARD OF HEALTH RESOLUTION NO. 444, 1991 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury hereby adjourns from regular session and enters into the Queensbury Board of Health. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mr. Kurosaka DISCUSSION CONTINUED SUPERVISOR BORGOS-Okay, you've given us your report any Board members have any questions. COUNCILMAN MONTESI-Just so the public knows that this has been an on going problem for this Board to deal with for the at least two years. COUNCILMAN POTENZA-Or longer. COUNCILMAN MONTESI-Or longer. Well, I guess it's almost four years Dave Hatin has worked with us four years and I have personally visited the property with Mr. Toomey on occasion three or four times. The last time Dave and I were there was probably last early spring wasn't it Dave? DAVE HATIN-About a year. COUNCILMAN MONTESI-Maybe it was last fall. He promised faithfully that he would clean up the metal the old framing that was there the only thing that he would leave would be the cement the foundation cement dock. There was a little bit of back filling that he was going to do as long as it didn't go into the lake because there was a couple of holes there near that cement. In general he said he was going to clean it up because it was in front of his property and he wanted to use it this summer for picnicking. Obviously none of that got done or if some of it did but not to the extent that we're comfortable with. SUPERVISOR BORGOS-We're dealing with a water issue which is really apparently directly related to this other thing because on the same property. COUNCILMAN MONTESI-It is now because if their having picnic's there and doing stuff and that getting knocked in and the water quality is deteriorating there are some concerns. ATTORNEY DUSEK-I just want to clarify one thing. Councilman Montesi utilized the terminology Toomey property, I didn't hear any specific testimony by Dan that it was infact that property other than general location. Are you familiar with the owner of the property where you say this barrel tipped over? MR. OLSON-I'm familiar with the property and I'm familiar that at one time that property was Toomey's Pavilion, yes. I'm sure who the owner is of that property today. ATTORNEY DUSEK-The barrel of garbage that you referred to and the water is it in the general vicinity of this metal dock? MR. OLSON-Oh yes. ATTORNEY DUSEK-How far away would you say it's from this? MR. OLSON-It's on the beach if you walk down on the cement on the dock it's both sides of the dock and on the beach area and could extend from here to that wall anyways in both directions. ATTORNEY DUSEK-I just wanted to clarify. MR. OLSON-I'd say 20-25 feet maybe each direction. ATTORNEY DUSEK-I just want to clarify for the record then that the property Mr. Montesi is referring to and the property Mr. Olson is referred to are both the same. SUPERVISOR BORGOS- Thank you, David. DAVID HATIN, DIRECTOR OF BUILDING AND CODE ENFORCEMENT-I don't want to cut the neighbors off tonight, but I think I might be able to answer some of the questions that they may already have. I got wind of this today this morning I went up to your office and I did make a visit there this morning and I did see what Dan was talking about. Originally, I was told that there was garbage overflowing by Betty last week or a week before and I rode by and it looked like it had been taken care of it and I didn't think anymore of it. Today I got wind of it so I went back by and found out that the barrel was moved definitely and it had been dumped into the water and over the edge where it couldn't be seen and there was a small pile of garbage next to the water. I went up and grabbed Kevin Toomey at his house and I brought him down, I told him that I wanted it cleaned up in the next 24 hours that I would suggest that he remove the barrel put a sign on it similar to what DEC has done up on Lake George that if you bring it you take it and that if he sees anybody leaving there get the license plate number and I'll prosecute him in court this is where we left it. I asked him to put the orange fence back up to where it was the property was cleaned up to the Board's satisfaction last year he did receive a variance for the steel structure which he wants to put a deck on. Last year, I don't know if some of the residents are familiar with that or not Betty asked me to look at the structural stability of it, I'm not an engineer I did look at it obviously the frost is creating problems down there because it's exposed now to the eliminates given time I feel that it will probably collapse. I don't see it as being a big hazard, I saw no movement of the wall compared to the earth the earth seems to be constant with the wall so it's a slow movement. The steel structure doesn't look like it's going to tip over tomorrow, I wouldn't advise climbing on it, but anybody with half a brain shouldn't be there anyway. I think whether you want to make the Toomey's post the property or what I don't know, I know it's a local swimming hole obviously the people are bringing the garbage not the Toomey's and that's a problem so I guess it's up to the Board and what action you want to take from here. But, I did try to take care of the garbage and hopefully by tomorrow that will be resolved and then where it goes from there is kind of up to the public. COUNCILMAN POTENZA-Will he be removing the garbage that's in the lake too? MR. HA TIN -Yes, I've asked him to remove everything and he said he would. He put the barrel down there what he thought would be something convenient for the people that use it and when he goes to the dump occasionally it would be filled. . . SUPERVISOR BORGOS-Have you seen any of the numbers that Dan has? MR. HATIN-No, I was not aware of the fecal counts or anything. SUPERVISOR BORGOS-I'mjust wondering, Dan we had experienced a year or two ago with the duck pond and fecal coliform counts and so forth and we prepared some signs at that point which put the duck pond and some of the streams up there off limit to the public. Is that type of situation is what we have here is there a portion of this lake that should be posted for no swimming and it's not good to get involved with the water? MR. OLSON-The fecal counts in that area now are lower than what they were down at the duck pond and the stream coming out of that area. SUPERVISOR BORGOS-Are they higher than what they should be for swimming? MR. OLSON-They are higher than what they should be for swimming. COUNCILMAN MONTESI-Two hundred fifty is swimming, right? MR. OLSON-Right. That's an average of five samples. SUPERVISOR BORGOS-What kind of numbers are we dealing with? MR. OLSON-We have a 6,045, one sample of 5,000. SUPERVISOR BORGOS- That's higher than 250. MR. OLSON-That's on the total side you could have a one shot total of 5,000 before you have to shut it down so it's a trifle over the amount. COUNCILMAN MONTESI-Is there any.... in there which you would get from the ducks. MR. OLSON-I'm sure there is a lot from this number, I hope that's what it is. SUPERVISOR BORGOS-What would be your recommendation based on your years of experience doing this stuff all over the lake and other places? MR. OLSON-Dave is correct on what he has said what we're dealing with or what Dave is dealing with everybody is dealing with is private property it is not a public beach and other people go in there and use it. Now, whether they have permission from the owner or not I don't know. SUPERVISOR BORGOS-But, there are other people around the lake apparently who use the lake for even drinking water, I understand. MR. OLSON-Yes. SUPERVISOR BORGOS-Because this was on a basis of a complaint from some member of the public that you went there is that right? MR. OLSON-Yes. SUPERVISOR BORGOS-So now that you've gone there and you've got this information we have to do something with it. MR. OLSON-I would not want to, I can tell you in other lakes where there are public beaches in Lake George or Brant Lake, Lake Luzerne these numbers on a public beach would be run by a Town and would go to the Health Department and they would be telling the people to get out of the water until the situation was corrected. SUPERVISOR BORGOS-In the case of the duck pond a few years ago again, private property we went there on a basis of complaints and we did post it even though it's private property we posted it to try to resolve the issue. I'm just wondering here if that would be the thing to do if in your opinion you think it would help. MR. OLSON-I think it would help and I don't think right now the way these numbers are I'm confident and I can tell you I'm very confident that once that area is cleaned up and the raw garbage is out of there the ducks and the gulls are going to leave that site and look for food someplace else, I think we're going to see the counts come down drastically fast especially with this rain. I think you should put some kind of a warning sign there at least telling people warning them if they want to go there that's their own business, but I think we should warn them there is a potential problem. COUNCILMAN MONTESI-If the State of New York says, 250 and I know it's a 5 count average that anything above that is not swimmable could we post that and say it's contaminated with a count of 6,000? Let the public be aware of that and then if they still want to continue to swim in there, what really intrigues me is that there has got to be a liability that the owner of that property has that fortunately nothing has ever happened there in terms of tragedy but, I wouldn't be comfortable if I owned the property. MR. OLSON-Dave talked about the conditions of the property and everything and if! owned that property I sure as heck wouldn't want anybody out there on it because of the liability part of someone cutting their foot or something in the water. COUNCILMAN MONTESI-Can we as a Board of Health post that because the counts are above 250 and say that the water is contaminated? MR. OLSON-Let me explain something here, what your talking about it's called a mean average of the fecal counts which is an average of 200 for a mean average of 5 samples these numbers don't come out in that category these are either in the plat count or the total which are consistent with everything that's in that water which could be the waste product of warm blooded animals also. But, it's higher than the allowable amount for that section, yes. I think if you did post that one area you would at least be telling the people they shouldn't be going in there for their own, probably the worst situation they come down with would be a swimmers itch or maybe an upset stomach something like that. SUPERVISOR BORGOS-You did test other parts of Lake Sunnyside and they were cleaned as far as your concerned? MR. OLSON-Yes, very clean. COUNCILMAN MONAHAN-Dan, was there one other part near there that was also a problem or when you went back and tested was that area okay? MR. OLSON-From the direction if I was standing facing the water it would be on the right hand side on the right hand side there is a lot of weed growth and high weed growth there are some series of pipes and stuff that run around, I think they are hopefully they are drainage pipes running into the lake. I did take one from there and the fecal count was two or three something like that. I went back and re-sampled that area and that did come down some my own feeling is that it is spreading from that direction over in there. SUPERVISOR BORGOS- Town Attorney. ATTORNEY DUSEK-I just had a question for Mr. Olson that may help the Board out too. I think if! understood your testimony earlier that after the place is cleaned up assuming it is cleaned up tomorrow for instance the counts could return to normal in three to four, five days if that's the case by the time you get the signs up there wouldn't even be any reason to have the sign up, I guess that's the only thing I would point out. SUPERVISOR BORGOS-We've got signs on hand, I believe. ATTORNEY DUSEK-Do we now. MR. OLSON-I would say if it's done tomorrow or Wednesday depending on the weather with this rain your going to wash other things in off the road, off the ground which adds to it, I would say if the sample is taken out of there Friday or Monday of next week it would be ample time to take give it time to settle down and clean up a little bit. I don't think there is anything else contributing to that problem that's what I'm trying to tell you I think that's the major source of the problem this contributing to the high water sample results from that area. SUPERVISOR BORGOS- What liability do we have if any if we don't do something and someone goes in there in the next two days and gets sick? ATTORNEY DUSEK-First of all, it's not a public beach it's private property. I think that Mr. Montesi's observations as to the private ownership that's the liability in the first instance. This Town Board is acting as a local Board of Health and I think that you have to examine a situation from the terms of the public health law that gives you your authority and your really looking to see if there is a nuisance or a hazard to the general public in the first instance then you have to act reasonably to that nuisance. In this particular case, I guess Mr. Olson is testifying that cleaning up the property is something that has to be done and I think that's certainly within the prerogative of this Board to order it for a couple of reasons. One, is because it does pose a threat to passers by who may use that apparently with the permission ofMr. Toomey or whoever owns the property. The other thing though is that if it's not cleaned up it appears to pose a threat to other properties eventually if I understood Mr. Olson correctly. MR. OLSON-That's right. ATTORNEY DUSEK-I think you certainly have the right to order the cleanup. As far as posting the property the only concern I would have is what you would put on the signs and when the signs got up would they still be accurate as to what is there. COUNCILMAN POTENZA-I thought that when we discussed this problem annually that the last time we discussed it that area was to fenced and posted not necessarily because of the problem now with the garbage but because of the safety of the people that were going on that property and I would hope that after the garbage is removed within 24 hours that property be secured and posted. I mean a few minutes ago we were taking steps to correct a problem with Mr. Crossman and I think we're doing the same thing with this property, I think we have to stand behind the resolution that we made a year or so ago and the property should be secured and posted. COUNCILMAN MONTESI-I would think that what we should do personally, I think we as a Board of Health should direct Mr. Toomey to clean the property up in the interim I think we should post that property and say the water is contaminated. Now having that sign in front of your property in front of a nice lake that has got to bother somebody because. . . COUNCILMAN POTENZA-I would rather see people not allowed there. COUNCILMAN MONTESI-I would just assume, try to discourage anybody from going into that water for the next week or so. Now, if Dan comes back in a week and tests that for us and finds that gee, things have cleaned up somewhat then we can take the signs down, but we do have those signs readily available to us we do have a Building Inspector that can post those tomorrow morning and hopefully that will keep people away. As Dan Olson pointed out there is some structural integrity I'm sorry, Mr. Hatin said the structural integrity of that framework is in question gee, maybe Mr. Toomey doesn't climb on it and maybe Mrs. Monahan's family doesn't climb on it or neighbors, but I'm telling you maybe the public that gets there doesn't know that it isn't safe. COUNCILMAN POTENZA-That's why it was suppose to be secure to post it last time. COUNCILMAN MONTESI-Perhaps we ought to discourage some use of that property that maybe within our framework if we're looking at some questionable counts give it a week to be tested again and if the counts get better fine if they don't then we're going to have to deal with it in another manner, but let's do something positive. COUNCILMAN MONAHAN-I just like to clarify something when Paul said with the permission of Mr. Toomey. If you live by a lake right by a public road you find that people use your property that is on a lake with or without your permission since they don't live there they can't throw people off constantly. I have property that's posted no trespassing we went down to throw somebody off and the ladies response was, well that's a problem with you rich people you buy up everything and then you won't share it with the rest of us. I mean this goes on constantly and we do throw people off ours I've been by there times with my grandkids when we still had the dock that's one reason we took it out my grandkids couldn't get on the dock for the people who aren't suppose to be there going on posted property. ATTORNEY DUSEK-Is Mr. Toomey's property posted? COUNCILMAN MONAHAN-It was a one time I can't tell if it is or not. But, I'm telling you it doesn't make a bit of difference. ATTORNEY DUSEK-Well, I think you can take action to help keep the people off though in this particular case. COUNCILMAN MONAHAN-You can post it all you want, but I don't want you to think that it is a solution. If you live if you've got lake property if it's by a road unless you station somebody there constantly and mine is under constant surveillance really from where it is of family members or people we want to it's almost an impossibility. People come out in the country my daughter has a favorite trick that she says to them do you mine telling us where you live and when they want to know why she says, since your using our property I thought we go down and have a picnic in yours. But, this is what you run into when you own and I think anybody who has property where people can access on it will find they have this problem. COUNCILMAN MONTESI-I've never had that problem on Lake George or Glen Lake. COUNCILMAN MONAHAN-Your awful lucky I will tell you. COUNCILMAN POTENZA-But you have to acknowledge Mrs. Monahan that this has been a problem that has been going on for years. COUNCILMAN MONAHAN-I'm not denying that, I'mjust saying don't think it is as simple as you think it is trying to keep people offfrom property when you have lake front property. Once you post that your going to drive them to every other piece on that lake that they can get in through. MR. HATIN-Just one thing to clarify the record. I believe the last time the Board heard this subject last fall there was no order to fence the whole property off it was to fence the structure that I referred to earlier where the fence had fallen down and that was done that fence has sense fallen down. If your saying something different you've got to word that in a resolution. SUPERVISOR BORGOS- The fence hasn't been put back up though. MR. HATIN-I asked him to put it back up today, but I'm saying I think your talking something different from what the Board originally talked about last fall. COUNCILMAN POTENZA-Is the fence as secure as the fence that was suppose to be on Glen Lake? MR. HATIN-It's in the same disrepair, I guess you could say. COUNCILMAN POTENZA-Need I say more. MR. HA TIN-I'm just saying that doesn't fence off the property that fences off just that iron structure that it. COUNCILMAN MONTESI-I'm not advocating fencing at this point I just want to post it and say its contaminated and discourage some swimming there until we get some better readings and have him clean it up. SUPERVISOR BORGOS-Ifthe numbers are as Mr. Olson says they are I'd like to post it. I know we have the signs the signs essentially say, warning contaminated water do not feed the ducks, no swimming and so forth. COUNCILMAN POTENZA-Don't you think that you know, we just talked to the gentlemen that is in charge and he has said that if the garbage is cleared up which according to our Building Inspector said that he gave the gentlemen 24 hours to do it. Mr. Olson who is the expert on the local waters said that given five days come Monday it may cleanse itself and there would not be a problem. I still feel that we should go back and secure the fence against the metal structure and I thought that we had suggested that the property be posted because of the concerns about children coming on the property and climbing on the structure. COUNCILMAN MONAHAN-Lynn your talking about posting your talking no trespassing posting. COUNCILMAN POTENZA-No trespassing signs, right. SUPERVISOR BORGOS-Okay, we don't normally do this and it's not a public hearing but from time to time we do. I would ask if any members of the public want to speak about this issue come forward now and state your name and let us know how you feel before we take action maybe you've got an idea that's better than ours or maybe we won't take any action. But, it has come to my attention that some of you are from Sunnyside area and you like to speak perhaps. JOANNE KING-93 Sunnyside North. I'm one of the ones that tried to initiate some action on the lake because I'm concerned about population and some of the other things that we'll address at a later date. But, we have a group of concerned citizens who have met only once and have expressed a concern over the problem that we're talking about tonight. In doing so we decided, let's be friendly neighbors let's go to Mr. Toomey who's son we're talking about, Kevin who lives in the vicinity and who "oversees the property". Well he didn't have a number listed in the phone book so I volunteered to go and talk to him, so I went and chatted with him and told him about our concerns. The garbage has never been empty all summer long so if your going to clean up the site, I want to know is it going to be cleaned up for one time and then are we going to go back to the same situation we were in. We have families going in there we have campers going in there and they are swimming and spending the day. Where are they going to the bathroom? This is another concern. So if your going to clean it up that's one thing, but who's going to maintain it? As a group of concerned citizens we offered. We said, look there's a problem here, can we help you? There are some of us who have the time and energy that don't have little children and have a business to run, could we help you clean up that area and maintain it, and this was over two weeks ago. Now, when this was brought up that maybe there would be a meeting here, I called his home and I spoke with his wife and I said, you know, I guess there is going to be some Town Board meeting that this may come up and we still offered to clean up that area and to maintain it and the wife said, he is not here, I will give him the message and I will have him call you back. That was nine days ago and I didn't hear anything. We're concerned citizens, we're property owners, we're voters, we feel we have some right. We have letters here that go back three years to this Board who says, it's an unsafe and unhealtWy situation, who have said there is building permits being given so that this structure can be used as a private enjoyment for that family. That's fine, but is there any limit to this? Do we have to keep coming back? We don't want to rattle anybody's chain. We're very concerned about a very beautiful, but a very small lake, so anything that you can do to help us to preserve the safety and the purity of this lake we really appreciate. Thank you. SUPERVISOR BORGOS- Thank you. On the basis on that let me ask Mr. Hatin, is there an active building permit out there? MR. HATIN-No. SUPERVISOR BORGOS-What was the duration of the approval that was granted by the ZBA or the Planning Board? MR. HATIN-The ZBA approval, which I believe expires sometime in October, November, I'm not sure of the date. I did discuss that with Kevin today and told him to be aware that it expires in a year and if it expires, that he has no legal right to a building permit anymore. SUPERVISOR BORGOS-I'll ask the Town Attorney if at that point, if it expires, the cleanup hasn't taken place there is obviously not going to be any building do we then go to a judge and get a court order in this one, too much the same as we did the other one, a judge would order that it would be cleaned up? ATTORNEY DUSEK-On this one, I don't think that the Board has ever ordered him to actually tear it down. This one you may be able to do that because of the circumstances constituting a nuisance etc. This one is a little different than the other situation, but I think your last order gave him an opportunity to cause, he came before you and I think it gave him an opportunity. . . SUPERVISOR BORGOS-Permission to use the steel substructure I think and the concrete that's there but that was it. ATTORNEY DUSEK-But, if he loses all rights as of October you say? MR. HATIN-I don't know the exact date. ATTORNEY DUSEK-To use it whatever the date. MR. HATIN-Sometime in the fall. COUNCILMAN MONTESI-He can get an extension can't he? MR. HATIN-He can apply for an extension to the ZBA. SUPERVISOR BORGOS-To the ZBA though it would have to go back to them. This has been a problem of long standing, not before as far as I know, of anything having to do with the water quality. It was always just the structure and what was on the shore water quality gets us really concerned. The same piece of property but two issues. Anybody else from the public that wishes to say anything? Sure, come forward please. PAUL MILLER-Sunnyside East, Queensbury. I think there is three issues, as far as water quality and the structure that is existing there, is that we want to stop the access to the lake in it's entirety. I don't know what our rights are with respect to you mentioning a nuisance, the people themselves are a nuisance. I don't know if you've ever been out there but on a sunny afternoon there might be fifteen, twenty people launching boats, swimming, fishing. You know their enjoying the lake and I think that's a privilege that should be rendered only to the citizens who own the land around the lake. It is private, there is no public access, it's being infringed upon, our rights are being infringed upon. Our lake is being dirtied because of it and we're prepared to move forward and intend to. We're not going to let it fall by the wayside, it won't be another four years before somebody's before you again. We'll be here every month from now on, more than likely. SUPERVISOR BORGOS-Has this concern of yours been brought to the attention of the homeowner of the property? In otherwords private property, if you for instance are on your property, want to invite the whole world to use your property, you can pretty much do that. This property owner could do that. If he isn't doing that, he obviously isn't saying don't use it, at least there are no signs that are visible there. MR. MILLER-He is kind of aloof to this situation. SUPERVISOR BORGOS-Ijust wonder if you talk to him, if he'd be willing to put up some signs or say no you can't use it. MR. MILLER-I don't know we intend to attempt every possibility. SUPERVISOR BORGOS-I mean, that would be a quick way to stop the use. The property owners says, you can't use it. Somebody comes on they're trespassers, they're gone. COUNCILMAN MONAHAN-What are you going to do when that goes to other areas of the lake and they go on through other areas? SUPERVISOR BORGOS-Then other people would have to complain. The Sheriff would show up and toss people off there. COUNCILMAN MONAHAN-It doesn't work that way, believe me. MR. MILLER-The only areas of real access are along Sunnyside Road, unfortunately it's your property and Toomey's property. COUNCILMAN MONAHAN-There are other property owners there too. MR. MILLER-Not that have access like that, there isn't parking for twenty cars, boat launching. COUNCILMAN MONAHAN-I don't have parking for twenty cars because I only have a right-of-way. I'm just saying that when you move it off of one, your going to move it, they're going to find a way to get on that lake unless somebody is willing to come up with the money to fence every bit of that lake that goes along the road. UNKNOWN-We'll fence it in. COUNCILMAN MONAHAN-That's the only way you'll ever stop it. MR. MILLER-It's compounding problems. I mean two years ago, you addressed it as far as the structural problems, the remains of the pavilion. SUPERVISOR BORGOS-Right. MR. MILLER-This year, it's the water problem. I'm telling you right now, the other problem is the access to the lake and we might better bat all three out of the park at the same time. SUPERVISOR BORGOS-Okay, thank you. Anyone else? If not I think I've heard consensus from at least three of us to say that it probably wouldn't be a bad idea infact it would be a good idea to put the signs up I have to ask our Attorney, is that correct? COUNCILMAN POTENZA-I would like posted signs. SUPERVISOR BORGOS-The sign I was talking about is the warning, contaminated water, do not swim here. That's my biggest concern. COUNCILMAN POTENZA-No, I don't think so. COUNCILMAN MONAHAN-I don't think the people on the lake want that. SUPERVISOR BORGOS-I didn't say we wouldn't do the others, but those signs I think are pretty clear. COUNCILMAN MONTESI-Specifically where on the Toomey property? Only on the Toomey property? COUNCILMAN POTENZA-I think this concern may correct itself by Monday, it's a problem, it's not the major problem. If you listen to what the people are saying, the major problem is the structure, the fact that people having access to that land and the way the land has been taken care of. I just think rather than putting effort into posting and putting up signs that say, danger swimming or don't feed the ducks or whatever if that problem can be solved in five days let's solve the problem we've been working with for four years. We have handled the problem with kid gloves, it's time to take off the gloves and just call a spade a spade. The gentlemen has got to do what this Board has required him to do four years ago. SUPERVISOR BORGOS-In which case we would have still posted signs, but the fact that he's got the variance from the ZBA, does that change our position? We've ordered him to clean it up, to fence it in, to close it off. He hasn't done that, but he has gone to get a ZBA variance so he can build it. ATTORNEY DUSEK-I think that if the Board, because of the last order, you would have to give him a right to be heard. But you could after the hearing and based upon some of the proof we've heard tonight and if you have further proof at that hearing, you may be able to require further action with regard to that structure, but you would have to have that hearing first before you could just go ahead and order it to be taken down. SUPERVISOR BORGOS-Hasn't he already been ordered to close it off and fence it? ATTORNEY DUSEK-To close it off and fence it, but not to take it down if you want to go that next step. SUPERVISOR BORGOS-I'mjust saying, can we immediately now enforce our order which says, got to be fenced and can we include some signs to go on there now? ATTORNEY DUSEK-Is that the same area at which their swimming? SUPERVISOR BORGOS- Yes. MR. HATIN-No, it's not. SUPERVISOR BORGOS-I'm hearing both stories, I haven't been out there. COUNCILMAN MONTESI-The fence area was specifically the foundation, the metal foundation. MR. HATIN-That's what I tried to clarify for this Board. If you want the property fenced off, that's different from what you ordered that fall. You ordered just strictly the structure fenced off which he did do, but he hasn't maintained it and you ordered property cleaned up, that was the extent of your order. You said if he got a ZBA variance to maintain the super structure he could keep it and that's what he got from the ZBA so therefore he is allowed to maintain it. What Lynn is saying, I'm hearing what's she is saying, but unfortunately that's not the action the Board took last fall, I don't believe anyway, the way I read the resolution, I was here for the meetings. COUNCILMAN MONTESI-The reason why we didn't take anymore action then the metal structure was he said he was going to the ZBA he got a variance and he said, what I'm going to do is I don't want to fence the whole property off because my family and I are going to enjoy this pavilion or this patio as an access to the lake. COUNCILMAN POTENZA-As a picnic area. COUNCILMAN MONTESI-As a picnic area. We said okay, fine ,if your going to put that kind of money into it and renovate it and clean it up that will solve our problem obviously it hasn't and he hasn't done any of those things. MR. HATIN-Other than cleanup the property and fence what you required last year, but he hasn't maintained the fence. COUNCILMAN MONAHAN-I think the fence and correct me Paul and Dave if I'm wrong, the fence was to go around the steel structure that we figured somebody could get on go through and get hurt. MR. HATIN-Right. COUNCILMAN MONAHAN-That fence is not maintained. I think what I'm hearing Lynn say, correct me if I'm wrong, that, that's the fence you feel it should be re-erected and maintained properly the one that we told him in the first place and I don't think that the variance that they got had any bearing on that order to fence that in and maintain it in a safe situation. MR. HATIN-I ask him today to erect the fence back up. COUNCILMAN MONAHAN-That could be done. I don't know if we asked him at any time to post the whole property with signs. . . COUNCILMAN POTENZA-I thought we posted it as dangerous because we were concerned about children climbing on it. MR. HATIN-To my knowledge there was no posting required. We don't have signs to do that anyway and I'm not sure I just asked Paul, I don't believe we can post private property other than if it's something to do with closing down a structure. COUNCILMAN POTENZA-We didn't say we were going to we asked him to do it we asked him to put signs on his property warning that it's a nuisance and perhaps the children should be aware of it or whatever. MR. HATIN-Speaking from memory I don't believe that was ever ordered, but I can go back tomorrow morning and read the resolution to find out but I don't believe it ever was. ATTORNEY DUSEK-One recommendation to the Board is that you could order as a local Board of Health you could order several things that's what I'm starting to hear. For instance, you could order that he has to cleanup the property within so many hours to backup Mr. Hatin's request, you could order that he post the property with no trespassing signs, you can order also as a local Board of Health even though it was proceeded as an unsafe structure, I think you have sufficient authority as a local Board to order that the fence be resurrected and enclose that area because it could be a potential nuisance for a child or somebody to get hurt on. Those are at least three things I know you could do immediately and issue an order this evening and then you could ask Mr. Olson to re-test the waters and see if any further action is necessary. COUNCILMAN MONTESI-Why don't we put that in a form of a motion. You said cleanup the property 24 hours that seems fair. COUNCILMAN POTENZA-Realistic. COUNCILMAN MONTESI-How about posting a minimum of five signs on his property that say no trespassing at his cost. Asked Mr. Olson to comeback and re-test the property give him until Tuesday, next Tuesday, Dan? MR. OLSON-It depends a lot on how much rain we get possibly the end of the week so we can have some results Monday or Tuesday next week. COUNCILMAN MONTESI-By Friday, what was the other. COUNCILMAN MONAHAN-To make sure that the fence is secure against the girders. ATTORNEY DUSEK-Before you make that into a motion could I just suggest to you that you have a, whereas, leading into that resolution that would read: Whereas, Mr. Olson from Warren County has issued a report concerning fecal counts, was there any other kind of counts that you took? MR. OLSON-They are considered total or plat counts. ATTORNEY DUSEK-On Sunnyside water located near and adjacent to what is known as the Toomey property and a metal structure and cement wall in that area and Whereas, the Town Board acting as a local Board of Health has also heard from Mr. Hatin as well as concerned residents in the area. Then I would just say, Now Therefore, Be It Resolved, the Town Board acting as the local Board of Health hereby declares that in it's opinion a public nuisance exists and that a health hazard exists that needs to be remedied and that the property owner shall be ordered to do the following then just list those numbers items that Mr. Montesi went through. COUNCILMAN MONTESI-Cleanup the property within 24 hours of the notice given to him. COUNCILMAN MONAHAN-When you say cleanup the property I think maybe you ought to be a little bit more definitive cleanup the garbage. SUPERVISOR BORGOS-Okay, lets get the rest of the resolution in here then we can talk about it. COUNCILMAN MONTESI-Post a minimum of five no trespassing signs on his property, re-erect the fence around the metal framework structure that we consider unsafe and by Friday of this week ask Mr. Olson from Warren County to retest the water in that area. COUNCILMAN MONAHAN-I'm not sure in the resolution we should we consider that property unsafe if that's a smart thing for us to do. COUNCILMAN MONTESI-We did already. COUNCILMAN MONAHAN-Did we. SUPERVISOR BORGOS-It's been deemed an unsafe structure. Do you want to have a fence going around all of this property or just still around that little piece? COUNCILMAN MONTESI-Well the problem your going to have if you do that is that he says he wants access to his property cause it's his own personal swimming hole. COUNCILMAN POTENZA-My concern is, can we do this in this resolution and then do we have to bring Mr. Toomey back here? ATTORNEY DUSEK-These instructions that you would be giving in this resolution because your acting as a local Board of Health and there is an, ascertain nuisance and health hazard you don't have to hold a public hearing for this type of thing. If it's an unsafe building you do have to hold a public hearing. COUNCILMAN POTENZA-Then I would delighted to have him fence in the property total property. COUNCILMAN MONAHAN-That's a terrific cost to put a fence up the whole way. COUNCILMAN MONTESI-I don't know if that's realistic because you know. . . SUPERVISOR BORGOS-How big is it a couple hundred feet. COUNCILMAN MONTESI-Page fence? SUPERVISOR BORGOS-Snow fence is fine as far as I'm concerned someone can climb though it, but at least it serves as a warning. COUNCILMAN POTENZA-Put a snow fence up with no trespassing signs. COUNCILMAN MONAHAN-Paul question, no trespassing signs is there any legal requirements that they be placed a certain distance apart in order to be legal? ATTORNEY DUSEK-I think what it is it's just to give the person sufficient notice whose coming upon the property. COUNCILMAN MONTESI-I would amend that to read to fence the property with a snow fence so that to prohibit public access. ATTORNEY DUSEK-I think you should say snow fence or other fence of his choice. SUPERVISOR BORGOS-Okay now, we've got a resolution is there someone to second that? COUNCILMAN POTENZA-I'll second that. SUPERVISOR BORGOS-Seconded by Mrs. Potenza. It's time for discussion normally reserved for the Board, but I see a couple hands out here so why don't you come up to the microphone please and tell us who you are and we will get a little more input before we go to the trouble of having a resolution that we might want to change. LARRY UNKNOWN-Sunnyside Road, Queensbury-I agree with Marilyn and about what's she is saying about it, but I think we need a permanent fence that snow fence my six year old daughter can knock over and your talking about people coming in with families and picnic and they're just going to barricade that and knock it over. SUPERVISOR BORGOS-We understand that, but we don't know if we have the authority right now to require a so called permanent fence. We could put up something ask that something be put up and then when we hear. . . COUNCILMAN POTENZA-Could we put the word secure? MR. LARRY. . .-I'm also looking not just around the building that was burned down we're going to go the whole property because your still going to have that crowd coming in and there are no bathroom facilities there and they go right in the lake you may want that Mrs. Monahan, but I don't. COUNCILMAN MONAHAN-I'm not saying I do, I'mjust saying I'm looking at what is possible what the other effects are going to be. SUPERVISOR BORGOS-Someone else had there hand up. STEVE MYHRBERG-Lakeview Drive, Queensbury-I think one of the concerns here is the long term effect. We may pass a resolution telling them to put up a sign or a fence, but I think those type of things have been done in the past. I haven't met the gentlemen personally, but I think those things are not going to be a lasting effect. We would like to keep our lake clean now and forever after the problem that we have is the abuse of people who do not have a right to use the lake and how can we enforce those people not to be there that's the key. I don't believe infringing on his rights he owns the property he should be able to use it to fence it or not to fence it I don't know if that's the issue it's what rights we have to protect our property from the abuse that's the key. SUPERVISOR BORGOS-This is part of the concern as they went back before if he owns the property, I think he can pretty much say, world come in as long as he owns it. But, ifhe says no you can't come in I'll call the sheriff and have you arrested for trespassing then it stops it's allover it's that quick and the sheriff can do something because there are laws against trespassing. SUPERVISOR BORGOS-Yes sir, from another lake would you state your name for the record please. JOHN SCHRIDER-I know nothing about what is taking place there. The only thing I want to say in regards to the posted signs, I got involved with our area down home in posting you suggested five poster signs they mean nothing believe me in law you can ask Paul, they mean nothing because you cannot enforce it. I can through that poster sign, the owner can come down and request me to leave I got to leave on his request, but if he don't come down you, sheriff, nobody can stop me from crossing that posted line because that whole piece of property of his has to be posted. SUPERVISOR BORGOS-Right and I don't think anyone would intend for us to call the sheriff if we see somebody there the homeowner is still going to the responsibility of filing whatever charges or complaints there are. MR. SCHRIDER-How can you ask a man to put of five that means nothing that's all I'm saying. SUPERVISOR BORGOS-Some people might respect the concept. MR. SCHRIDER-Right, but if they don't there is nothing you can do about it. COUNCILMAN MONTESI-Right, we're aware of that. SUPERVISOR BORGOS-We have a resolution and a second any further discussion? MR. HATIN-Are you going to give him a time limit on putting up the fence, I doubt that it will get done tomorrow. SUPERVISOR BORGOS-Five o'clock on Wednesday, is that reasonable? COUNCILMAN MONAHAN-I think the garbage ought to be real quick. COUNCILMAN MONTESI-24 hours. SUPERVISOR BORGOS-Garbage by noon tomorrow I have no problem with that. The fence by five o'clock on Wednesday that gives him two days. COUNCILMAN POTENZA-For what fence now? SUPERVISOR BORGOS-To put up the snow fence or something else. COUNCILMAN POTENZA-The fence securing the steel girders. SUPERVISOR BORGOS- The whole thing. COUNCILMAN MONAHAN-Your asking him to put up a fence for the whole thing, boy. SUPERVISOR BORGOS-It's not real hard to put the fence posts in and just walk along and string that fence. COUNCILMAN POTENZA-My concern is that it's secured. COUNCILMAN MONAHAN-Well I'll tell ya, he's got to make breaks in it for right-a-ways and stuff like that because people have right-a-ways on there. SUPERVISOR BORGOS-I don't know. COUNCILMAN MONAHAN-I do. MR. MYHRBERG-Ijust have one question for the Town Attorney. If the garbage that's on his property falls into the lake is he technically responsible can he be arrested for littering or polluting? I mean it's on his property and falls into the lake can he be made responsible legally responsible for that? ATTORNEY DUSEK-I think as a property owner he is responsible, but as a practical matter I just can't see how you could prosecute somebody who doesn't have knowledge of the fact that the garbage goes in there has to be a certain intent or knowledge proven it's a difficult case, but I think that the Town certainly has the authority to clean it up. SUPERVISOR BORGOS-Where do you want to put these time limits in the resolution? ATTORNEY DUSEK-Your time limits should be right where your numbered items are whatever numbered item you gave. SUPERVISOR BORGOS-Whatever number we're on next would be with the food and garbage to be cleaned up by not later than noon on Tuesday, August 20th, 1991. TOWN CLERK-The next item was the signs. COUNCILMAN MONAHAN-Do we have to serve this order on him or give him a certain amount of hours for all that. I mean Dave has told him verbally, but I'm just wondering. . . ATTORNEY DUSEK-This order should be served on him tomorrow morning first thing. COUNCILMAN MONAHAN-You don't have to give him a certain number of hours notice or anything? ATTORNEY DUSEK-It's up to the Board you got to give him enough time whatever you think is reasonable to clean it up. SUPERVISOR BORGOS-The garbage shouldn't take to long about an hour. COUNCILMAN MONAHAN-It's going to take more than that with what's done there. SUPERVISOR BORGOS- There is that much in there? COUNCILMAN MONAHAN-Yes there is. MR. HATIN-There are two 55 gallon drums in there easily. COUNCILMAN MONTESI-As far as the signs are concerned whether it's five, ten, fifteen, signs the intent of this Board I think is that at least five signs along the property line with a snow fence that would try to inhibit any trespassing on that property until we get a better handle on it. I know that a snow fence won't hold it back, but at least up until now that property has never been posted by saying no trespassing. COUNCILMAN MONAHAN-Yes it has. COUNCILMAN MONTESI-It has. COUNCILMAN MONAHAN-Years ago they had that posted allover the place. COUNCILMAN MONTESI-We're talking tomorrow, today, yesterday the last month, two months. COUNCILMAN MONAHAN-It wasn't effective that's why I said that. SUPERVISOR BORGOS-Five o'clock on Wednesday the 21st? COUNCILMAN MONTESI-Fine on the signs and fence. SUPERVISOR BORGOS-Shall have the fence installed and at least five signs saying no trespassing. Does everyone accept that do you accept those words, good. COUNCILMAN MONTESI-There are two right -a-ways undetermined where or how wide that someone else owns out to that property across the Toomey property. If that person decides that they want to be in a certain place that causes a problem too because we're. . . SUPERVISOR BORGOS- That should be worked out with Mr. Toomey that's a burden of his property, correct the Town shouldn't get involved. COUNCILMAN MONTESI-I'm just saying we're asking to fence the property in but there is an adjoining neighbor that has two right -of-ways across that fence. ATTORNEY DUSEK-That should probably be part of that numbered item with the fencing then if there are right-a-ways it should just be mentioned that you obviously can't preclude the person with the property of the right-of-way from gaining access to the lake. SUPERVISOR BORGOS-Can we say that the intent is not to and just put that right in the resolution? ATTORNEY DUSEK-Right, that Mr. Toomey should work that out by either leaving an opening in the fence or by working it out with the property owners. SUPERVISOR BORGOS-Everyone agrees to that language change and you agree, seconded good. ATTORNEY DUSEK-Before you go on it seems as I was just thinking this resolution out you should probably have two more parts to it. The last part of the resolution should be a resolve clause reading, resolved that the Town Board hereby directs Mr. Hatin to serve a copy of this resolution upon Mr. Toomey and any other owners of record as indicated by a search of the tax records in Town of the property. Then there should be another resolved clause that probably should lead off all of these. There was one resolved clause where you started in and I dictated for you that got into the numbered items just before that one there should be a resolved clause that just identifies some of the nuisances and why your doing what your doing and if! may I'll try to give you what I think the Board is doing and if you disagree or like it let me know. ATTORNEY DUSEK-It should be just resolved, that the Town Board acting as the Local Board of Health finds that there are high fecal counts and plat counts in accordance to the testimony of Mr. Olson that the Town Board finds that there appears to be a number of people using the lake which mayor may not have the authority ofMr. Toomey and that seem to be causing problems in connection with the garbage that is in the area the Boards finds also that there is garbage actually coming from the Toomey property into the lake and the Board also finds that generally it is concerned for the health and safety and welfare of anybody that might want to use that area as a swimming area and particularly children who may be attracted to the area it being considered an attractive nuisance to a child and therefore may be dangerous. COUNCILMAN POTENZA-I just have one correction Paul, maybe it should be the Board of Health and not the Town Board. ATTORNEY DUSEK-Yes. SUPERVISOR BORGOS-Mr. Montesi you introduced that do you accept that amendment? COUNCILMAN MONTESI-YES. SUPERVISOR BORGOS-Mrs. Potenza? COUNCILMAN POTENZA-Yes I do. I have another question you talked about owners of the property does that include those people who have right-a-ways across the property or not? ATTORNEY DUSEK-For notice? COUNCILMAN POTENZA-Yes. ATTORNEY DUSEK-If they have a vested interest in the property they should be notified as well. SUPERVISOR BORGOS-Any other comments, good now it's time to vote. COUNCILMAN MONAHAN-I just want to also point out to you that the county owns twenty five feet from the center of the road there which is why they objected when Toomey's wanted to put a house on the platform of the pavilion. SUPERVISOR BORGOS-Is that a deeded road or a road by use? COUNCILMAN MONAHAN-My survey shows twenty five feet from the center road is a county so I just want you to be aware of this in case this causes a problem when they snowplow this. COUNCILMAN MONTESI-We get them to put a fence up want to carry that message for us Dan up to the county. SUPERVISOR BORGOS-Okay we're read to vote. PUBLIC HEARING CLOSED RESOLUTION DECLARING PUBLIC NUISANCE AND HEALTH HAZARD TOOMEY PROPERTY - LAKE SUNNYSIDE RESOLUTION NO. 32, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, Mr. Olson from Warren County has issued a report concerning fecal counts and plat counts on Sunnyside waters located near and adjacent to what is known as the Toomey property, and a metal structure and cement wall in that area, and WHEREAS, the Town Board acting as the Local Board of Health has also heard from Mr. Hatin as well as concerned residents in the area, NOW, THEREFORE BE IT RESOLVED, that the Town Board acting as the Local Board of Health finds that there are high fecal counts and plat counts in accordance with the testimony of Mr. Olson that the Town Board finds that there appears to be a number of people using the lake which mayor may not have the authority of Mr. Toomey and that seem to be causing problems in connection with garbage that is in the area the Board finds also that there is garbage actually coming from the Toomey property into the lake and the Board also finds that generally it is concerned for the health, safety and welfare of anybody who might want to use that area as a swimming area and particularly children who may be attracted to the area it being considered an attractive nuisance to a child and therefore may be dangerous AND BE IT FURTHER RESOLVED, the Town Board acting as the Local Board of Health hereby declares in its opinion a public nuisance exists and that a health hazard exists that needs to be remedied and that the property owner shall be ordered to do the following: 1. Clean up the food and garbage on the property not later than noon on Tuesday, August 20th, 1991 2. Post a minimum of five no trespassing signs on his property by 5:00 O'Clock on Wednesday, August 21st. 1991 3. Fence the entire property with snow fence or other fence of his choice to prohibit public access by 5:00 o'clock on Wednesday, August 21st. 1991 the intent is not to preclude the rights of those that have a right of way and Mr. Toomey should work that out by leaving an opening in the fence or by working it out with the property owners 4. By Friday of this week ask Mr. Olson of Warren County to retest the water in this area and be it further RESOLVED, that the Town Board hereby directs Mr. Hatin to serve a copy of this resolution upon Mr. Toomey and any other owners of record as indicated by a search of the tax records in Town of the property. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka Abstain:Mrs. Monahan RESOLUTION TO ADJOURN BOARD OF HEALTH RESOLUTION NO. 33, 1991 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Town Board of Health and moves back into Regular Session. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mr. Kurosaka OPEN FORUM MR. JOHN SCHRIDER-Queensbury. Questioned Board on what has taken place with the request he had made for the handicap sign for Dunhams Bay Road. DAVE HATIN-Noted he has contacted Roger Howard about the sign. Mr. Howard will be contacting his Attorney and his Attorney will contact the Town Attorney. ATTORNEY DUSEK-Noted he has given the survey to Leon Steves to do some preliminary work and is waiting to hear from Mr. Steves. Noted these types of matters are very difficult to deal with and he is still working on this matter. MRS. BARBARA BENNETT -Dixon Road, Queensbury. Asked the Board if it would be possible to have the transfer of funds resolution available for public review before open forum. SUPERVISOR BORGOS-Noted it was decided a few years ago to have open forum first so the public wouldn't have to wait for a long period of time. PLINEY TUCKER, Division Road, Queensbury. Noted that the guardrails on Clendon Road that he had previously spoken to the Board about are now in. Noted to the Board that the men that were hired to clean up Town roads are doing a terrific job and it would be nice to have this done next year. OPEN FORUM CLOSED COUNCILMAN MONTESI-Noted he has met with Paul Naylor about the stream on Homer Avenue. Noted that they found evidence of a beaver dam will meet with Paul Naylor, Dave Hatin, and DEC about this matter. SUPERVISOR BORGOS-Noted the Board has been requested to meet with the Town of Moreau, City of Glens Falls, at Crandall Library at 7:30 p.m., on Wednesday, August 21, 1991. RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 445, 1991 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of July 22, July 29th, and August 5th, 1991. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mr. Kurosaka RESOLUTION AUTHORIZING SETTLEMENT CONCERNING FACILITIES OF WARREN COUNTY SEWER DISTRICT RESOLUTION NO. 446, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the County of Warren previously established a sewer district known and identified as the Warren County Sewer District, and WHEREAS, a portion of the said sewer district lies and exists in the Town of Queensbury, and WHEREAS, a number of years ago, it was proposed to construct sewer facilities for the aforesaid district, including that portion lying and existing in the Town of Queensbury, and WHEREAS, the Town of Queensbury, with other towns in Warren County, contributed certain funds from the Town's General Fund for engineering services and other expenses associated with developing a plan for the construction of sewer facilities in the aforesaid Warren County Sewer District, and WHEREAS, construction of the sewer facilities was not undertaken and some towns have received refunds by payment of federal grants, but, following audit, there still remains sums due to some of the town, including the sum of $22,326.68 to the Town of Queensbury, and WHEREAS, the Town of Queensbury, with other towns, is desirous of receiving payment of amounts expended by it and settling all claims it has with the Warren County Sewer District, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes a full and final settlement of all claims due and owing the Town of Queensbury arising out of its contribution for development of sewer facilities for the Warren County Sewer District, in the total sum of $22,326.68, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute any documents that may be necessary to secure the payment of the aforementioned sums and settle the above-referenced matter with Warren County and the Warren County Sewer District, said recovered funds to be placed in the General Town Fund. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR JAMES AND NORMA HEARNS RESOLUTION NO. 447, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. 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, as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury to issue variances to such Ordinance, and WHEREAS, James & Norma Hearns have applied to the Local Board of Health of the Town of Queensbury for two (2) variances from certain standards of the Sewage Disposal Ordinance set forth in Section 3.050-5, such standard providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCE FROM W ASTEW A TER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (A) COURSE(C) DWELLING LINE AND TRIBS. Seepage Pit 150' " " " " and WHEREAS, Mr. & Mrs. Hearns have indicated a desire to place the seepage pit: 1) 57' from the well on property to the north; and 2) 70.79' from the well on property to the south; rather than placing it at the mandated 150' distance(s), NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on September 9th, 1991, at 7:00 p.m. at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for two (2) variances of James and Norma Hearns to place the seepage pit: 1) 57' from the well 0 property to the north; and 2) 70.79 +- from the well on property to the south; rather than placing it at the mandated 150' distance(s), on property situated on Nacy Road, Queensbury, New York, and bearing Tax Map NO.: Section 44,Block 1, Lot 21, and, at that time, all persons interested in the subject there of will be heard, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 19th day of August, 1991, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO CHANGE TOWN BOARD MEETINGS DATES RESOLUTION NO. 448, 1991 Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board of the Town of Queensbury hereby changes its regular monthly meeting dates for the month of September to September 9th and 23rd, 1991. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mr. Kurosaka RESOLUTION TO TRANSFER FUNDS RESOLUTION NO: 449, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, a certain department has requested a transfer of funds, and WHEREAS, said request has been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE BE IT RESOLVED, that the funds be transferred as listed below: WATER DEPARTMENT FROM TO AMOUNT 40 8340 2899 40 8340 2020 $ 200.00 (Capital Const- (Vehicles) ruction) WASTEWATER DEPARTMENT FROM TO AMOUNT 3281304400 328130 1002 5.00 (Quaker Road (Payroll) Contractual 3281304400 32 9795 7095 3,572.88 (Quaker Road (Interfund Loan Contractual) Interest) CEMETERY FROM TO AMOUNT 028810 1430 02 8810 4400 3,500.00 (Laborer B) (Misc. Contractual Acct. ) Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 450, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, certain departments have requested transfers of funds, for the 1991 Budget, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as listed below, for the 1991 budget: LANDFILL FROM TO AMOUNT Fund #63 Fund #92 $50,000.00 (Landfill Closure (Landfill Closure Reserve) Project) Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: Mrs. Monahan Absent: Mr. Kurosaka RESOLUTION AUTHORIZING PURCHASE OF OFFICE TRAILER RESOLUTION NO. 451, 1991 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury by previous resolution authorized the Town Supervisor to lease an office trailer for landfill closure purposes, and WHEREAS, the Town Supervisor inquired as to the availability of the lease of an office trailer and also, subsequently, inquired as to the purchase of an office trailer, and WHEREAS, the Town Supervisor has recommended to the Town Board that it would be more economical to purchase an office trailer as opposed to leasing one, particularly in view of the fact that the Town is not able to lease an office trailer from the County, NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to purchase an office trailer form L.B. Smith Inc., Latham, New York, in an amount not -to- exceed FORTY-ONE HUNDRED DOLLARS ($4100.00), the same to be paid for from the Landfill Closure account. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION AUTHORIZING EXPENDITURE RESOLUTION NO. 452, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Stephen Borgos: Resolution of approval to expend not to exceed $1500.00 to run the power setting of the poles and connecting the electricity to the landfill closure trailer at the Queensbury Landfill to be paid for from the Landfill Closure Fund. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION APPROVING AUDIT RESOLUTION NO. 453, 1991 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Abstract appearing on August 19th, 1991 numbering 91389600-0201 through 91417100-0201 and totaling $421,017.44 is hereby approved. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: Mrs. Monahan Absent:Mr. Kurosaka COUNCILMAN MONAHAN-Noted approved of Audit with exception to the Highway Department voucher entitled Hovey Pond and totaling $57,303.96. . . . RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 454, 1991 Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED. that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss the following: two matters personnel, one related to collective bargaining, one related to potential litigation and legal counsel, potential litigation and legal counsel, two matters retention of outside professional services, two matters potential legal action. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mr. Kurosaka RESOLUTION AMENDING BID SPECIFICATIONS-GAS VENTING MATERIAL RESOLUTION NO. 455, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Stephen Borgos: WHEREAS, the Town Board has reconsidered the specifications that have been issued in connection with the purchase of gas venting soil material NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby directs that the specifications be revised as follows: 1. That the insurance requirements be revised from three million to one million and that the workers compensation and DBL be indicated to be statutory amounts 2. That the quantity that the Town Board indicates in the specifications that it will guarantee the purchase of a minimum of 25 thousand tons or the equivalent in yardage thereof and that there may be more purchased and asked for a per unit amount in the bid specs. 3. That the purchase shall be by yardage instead of tons and the documentation shall be changed to reflect that where ever may be necessary 4. That any other minor specification revisions that may be necessary after a meeting between the Town Attorney and Mrs. Monahan and Mr. Naylor may be added to the specifications and that an addendum be issued and that the bid opening remain at Monday at 2:00 P.M. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: Mrs. Potenza Absent: Mr. Kurosaka RESOLUTION ENTERING BACK INTO REGULAR SESSION RESOLUTION NO. 456, 1991 Introduced by Mr. Ronald Montesi who moved for it's adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby moves back into Regular Session. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mr. Kurosaka RESOLUTION RETAINING THE SERVICES OF NORTHEASTERN APPRAISAL ASSOCIATES, INC. RESOLUTION NO. 457, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is desirous of retaining the services of Northeastern Appraisal Associates, Inc., to appraise and report the market value of certain property, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to retain the services of Northeastern Appraisal Associates, Inc., to provide an appraisal report of property located in the Town of Queensbury, at an amount not to exceed $750.00, and BE IT FURTHER RESOLVED, that the bill for services shall be paid from Account No.: Developer's Fee AccountlRecreation Fee account. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION REGARDING COURT ACTION-FLYNN RESOLUTION NO. 458, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury has reviewed with the Town Attorney the Flynn property off of Glen Lake NOW, THEREFORE BE IT RESOLVED, that the Town Attorney is hereby authorized and directed to draft a complaint alleging a zoning violation to be filed in supreme court and the Town Supervisor is hereby authorized and directed to verify any of the pleading that may be necessary in the action and to commence the action and the Town Attorney is hereby further authorized to expend the funds necessary to file the action in court and arrange for service of a summons and complaint against the Flynn's. Duly adopted this 29th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mr. Kurosaka RESOLUTION REGARDING PROPOSED CONSOLIDATED LANDFILL USER AGREEMENT RESOLUTION NO. 459, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury has before it a proposed consolidated landfill user agreement NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby generally approves the form of the agreement with a number of changes to be made in the same consisting of sum but not necessarily including all of the following changes: 1. The tipping shall be indicated at a $2.00 rate over the commercial rate 2. That payment of the fees owed by contracting municipalities for the Town of Queensbury shall be made in thirty days thereafter be subject to a 1 % per month interest charge 3. That the hauler indemnification provisions of the contract shall be deleted 4. That the provisions in the contract dealing with a renegotiations of the contract fee with the contracting municipality each year shall be deleted 5. That the payment of tipping fees in advance will apply to commercial haulers only 6. That the contract should be made definite and clear that the contracting municipalities or any haulers therefrom cannot deliver recyclable to the Queensbury Landfill for disposal but must make other arrangements 7. That the contact should make certain and definite that if solid waste is improperly disposed of at the Queensbury Landfill and it comes from the contracting municipality that both the contracting municipality and Warren County shall be liable for the clean up costs of the same 8. That a provision shall be added to the proposed contract which provides for Warren County to pay the cost of hauling solid waste within the Town of Queensbury to the Landfill. AND BE IT FURTHER RESOLVED, that the final form of this agreement must be acceptable to the Town Attorney, after all changes have been made. Duly adopted this 19th day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY