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1980-08-12 �.,aJ•J TOWN BOARD MEETING AUGUST 12 , 1980 MEMBERS PRESENT: MRS. FRANCES WALTER-SUPERVISOR MR. DANIEL OLSON-COUNCILMAN DR. CHARLES EISENHART-COUNCILMAN MR. DANIEL MORRELL-COUNCILMAN MR. HAMMOND ROBERTSON-COUNCILMAN MR. .JOSEPH BRENNAN-TOWN COUNSEL PRESS: G. F. POST STAR GUESTS: RESIDENTS OF COUNTRY COLONY , MR. WEATHERWAX , MR. PALMER MR. SCUDDER , MS. BACKON TOWN OFFICIALS: MR. STEVEN LYNN , MR. THOMAS FLAHERTY, MR. CHARLES .JUDKINS THE PLEDGE OF ALLEGIANCE WAS LED :BY COUNCILMAN EISENHART MEETING OPENED 7 : 41 P. M. SUPERVISOR WALTER-CONVENED THE TOWN OF QUEENSBURY BOARD OF HEALTH REOPENED PUBLIC HEARING-ELEANOR BACKON-RIDGE ROAD- MRS. BACKON PRESENT MALFUNCTIONING SEPTIC SYSTEM SUPERVISOR WALTER- REQUESTED A REPORT FORM THE BUILDING DEPT. ON THE STATUS OF THAT SITUATION. . . MR. STEVEN LYNN-REPORTED THAT THE SYSTEM HAD BEEN PUMPED. . . MR. DRELLOS FROM SANITARY SEWER SYSTEM DID LOOK AT THE SYSTEM, AT THAT TIME IT WAS FUNCTIONAL BUT THE RESIDENCE HAD BEEN VACATED. . . NOTED THAT THE SYSTEM WOULD FAIL WHEN THE BUILDING WAS AGAIN OCCUPIED. . . MR. LYNN NOTED THAT PUMPING OF THE SYSTEM WOULD BE ONLY A TEMPORARY SOLUTION . . .FELT THAT THE SYSTEM SHOULD BE MODERNIZED. MS. BACKON-NOTED THAT THE SYSTEM WAS NOT EMPTIED AFTER THE COOK 'S ( RESIDENTS OF THE BUILDING ) MOVED OUT. THE CAUSE OF THE PROBLEM WAS THE COOK' S EXTRAVAGANT USE OF WATER, USING THE AUTOMATIC WASHING MACHINE DAILY. . . SUPERVISOR WALTER- REVIEWED MR, DRELLOS LETTER. . .HE INDICATED THAT HE HAD' CHECKED THE SYSTEM IN HIS FIRST CORRESPONDENCE WITH US , AND FOUND IT TO BE GOOD WORKING ORDERjIN THE MEAN TIME HE PRESENTED US WITH A SECOND LETTER WHEREIN HE SAID THAT ALTHOUGH THE SYSTEM LOOKED GOOD AT THE TIME] IN HIS EXPERIENCE WORKING WITH THIS KIND OF SEPTIC SYSTEM THAT ONCE I? WAS USED AGAIN THAT IT WOULD NOT FUNCTION PROPERLY . MS. BACKON- THIS LETTER FROM MR. DRELLOS WAS UNDER THE REQUEST OF MR. LYNN. . . MS. , BACKON READ A REPORT TO THE BOARD. . .REVIEWED HER PAST EXPERIENCES WITH HER TENANTS NOTING NO DIFFICULTY WITH THE SEPTIC SYSTEM. . . NOTED IT WAS NOT HER INTENTION TO NEGLECT OR FAIL TO MAKE ANY NECESSARY REPAIRS AT ANY ONE OF THE HOUSES. . . FELT THAT THE INVESTIGATION WAS DONE WITHOUT HER KNOWLEDGE IN REGARD TO THE SEPTIC SYSTEM. . . REVIEWED WHAT WAS DONE TO THE SYSTEM. . . PUMPED OUT BY A SEWER COMPANY . . .FELT TFAT . THE DAILY USE OF THE WASHING-MACHINE WAS THE CAUSE OF THE SEPTIC SYSTEM PROBLEM. . . NOTED THAT THE COOK ' S HAVE MOVED, NEW TENANTS HAVE BEEN IN SINCE AUGUST 1ST. AND THERE HAS BEEN NO PROBLEM WITH THE SEPTIC SYSTEM. SUPERVISOFWALTER- YOU HAVE RECEIVED A LETTER FROM THE HEALTH OFFICER ON APRIL 24TH SAYING THAT HE HAD INSPECTED YOUR PROPERTY AND HE TRUSTED THAT WITHIN THIRTY DAYS MEASURES WOULD BE TAKEN , YOU WERE AWARE THAT YOU HAD THIRTY DAYS TO CORRECT THE PROBLEM. . .YOU ALSO INDICATED THAT MR. BRENNAN HAD WRITTEN YOU A LETTER SAYING THAT THERE HAD BEEN A PUBLIC HEARING, MR. BRENNAN WROTE YOU A LETTER TO ALERT YOU THERE WOULD BE A HEARING. . . I DO NOT SEE WHERE WE HAVE NOT GIVEN YOU PROPER NOTICE . . . MS. BACKON- I WAS NOT CONSULTED WHEN THIS WAS GOING ON , I HAD NO KNOWLEDGE OF ANY PROBLEM WHAT-SO-EVER UNTIL I RECEIVED THIS LETTER. . I FEEL THAT THIS IS MY PROPERTY I HAVE A RIGHT TO 'KNOW WHEN MY PROPERTY IS BEING INSPECTED AND HAVE A RIGHT TO DEFEND MY SELF. . . SUPERVISOR WALTER- IN THE LETTER FROM DR . DIER YOU HAD THIRTY DAYS TO CORRECT THE SITUATION. . . i 234 MS . BACKON- AT THAT TIME I REALIZED THAT IT WAS THE PEOPLE WHO WERE CAUSING THE PROBLEM AND I WOULD RATHER REMOVE THE CAUSE THEN GO AHEAD AND DO SOMETHING THAT WAS NOT NECESSARY . MR. LYNN- 1 . THE FACT IS THAT WITHIN A SIX MONTH PERIOD SHE HAD THE SYSTEM PUMPED TWICE. 2 . WHEN THE COMPLAINT IS RECEIVED THE INSPECTION IS MADE WHEN IT WAS DETERMINED THAT IT WAS FAULTY ON NOV. 19TH THE NOTICE WAS SENT TO MRS. BACKON REQUESTING THAT THE VIOLATION BE CORRECTED. . . WE HAD ANOTHER COMPLAINT, AT THAT TIME DR. DIER WAS CALLED IN , HE SAW THE SIGHT , HE SENT A LETTER TO MS. BACKON ALLOWING 30 DAYS TO CORRECT THE MATTER. . . CbUNCITLMAN EISENHART- THE COOKS PAID HIGHER WATER BILLS JUST TO CAUSE TROUBLE? -..r MS. BACKON YES SUPERVISOR WALTER-I HAVE REQUESTED THE DEPUTY CLERK TO REVIEW THE MINUTES, I WAS CONCERNED ABOUT YOU HAVING RE-RENTED THE PROPERTY . . . I WAS NOT SURE IF THAT WAS ONE OF THE CONDITIONS OF ADJOURNING THE HEARING ON .JULY 8TH. . . THE RESOLUTION PASSED ( 205 OF 1980 ) WE WOULD ADJOURN THE HEARING TO AUGUST 12TH THAT WOULD ALLOW YOU AMPLE TIME TO RECONSTRUCT THE SEPTIC SYSTEM . . . I THINK IT IS THE CONTENTION OF THE HEALTH OFFICER AND BUILDING INSPECTOR THAT PUMPING OF THE SYSTEM IS NOT GOING TO SOLVE THE PROBLEM , THAT IT WILL CONTINUE TO MALFUNCTION EVEN WITH AVERAGE USE . . . AT THAT TIME WE DID ADJOURN THE HEARING IN ORDER FOR YOU TO BEGIN PROGRESS ON RECONSTRUCTION YOU HAVE NOT DONE THAT AND YOU HAVE RE-RENTED THAT PROPERTY IN THE MEAN- TIME. . . MS. BACKON- THAT IS WHY I BROUGHT YOU THE LETTER FROM MR. DRELLOS STATING THERE WAS NOTHING WRONG WITH THE SYSTEM. . . I TOLD YOU I WAS GOING TO RENT IT. . . IT HAS BEEN OCCUPIED AND IT HAS NOT FAILED. . . THIS IS A GOOD SYSTEM MR . DRELLOS STATED THAT FACT. . . SUPERVISOR WALTER- HE ALSO STATED IN A SUBSEQUENT LETTER THAT, THAT WAS BECAUSE THERE WAS NO ONE USING IT. . .WITH ANY USE IT WAS GOING TO MALFUNCTION. . . MR. DRELLOS SAID THIS , MR. LYNN AND DR. DIER STATED THIS. . . —� MS. BACKON}= I DID NOT FEEL THAT THE SYSTEM NEEDS RECONSTRUCTION. . . COUNCILMAN ROBERTSON-MY JUDGEMENT TELLS ME THAT SYSTEM WILL FAIL , I SUGGEST THAT WE TAKE ANOTHER ADJOURNMENT OF THIS HEARING FOR SIX MONTHS AND HAVE MR. LYNN MONITOR IT AND WE WILL SEE WHO IS CORRECT. . . DISCUSSION HELD- THE DECISION OF THE BOARD WAS TO ADJOURN THE HEARING THE SEPTIC SYSTEM WILL BE MONITORED BY THE BUILDING DEPT. FOR THE NEXT SIX MONTHS , IF AT ANY TIME DURING THE MONITORING PERIOD THE SYSTEM IS DISCOVERED TO BE MALFUNCTIONING THE PUBLIC HEARING WILL BE REOPENED AT THE NEXT REGULAR MEETING. . . Ms. BACKON WILL BE NOTIFIED PRIOR TO EACH INSPECTION BY THE BUILDING DEPT . ADJOURNED-8 : 13 P. M. REOPEN HEARING-HEALTH HAZARD-EARL WILSON PROPERTY IN THE CARE OF THE OCCUPANT MRS. GROVENBURG. . MR. LYNN AND TOWN COUNSEL WERE ASKED to TO REVIEW THE SITUATION AND REPORT ON THE BEST WAYAACT IN SOLVING THE SITUATION. . . MR. LYNN-THE BEST WAY ECONOMICALLY WOULD BE THE INSTALLATION OF A SOLID CONCRETE SEPTIC TANK AND DISTRIBUTION BOX AND A PAIR OF EIGHT FOOT DRY WELLS . . . J COUNCILMAN ROBERTSON- REQUESTED THAT THE HEARING BE ADJOURNED UNTIL COUNSEL ARRIVES. . . HEARING ADJOURNED. . . SUPERVISOR WALTER- THE BOARD OF PUBIC HEALTH IS NOW ADJOURNED. . . THE QUEENSBURY TOWN BOARD IS IN SESSION RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION N0, 235 ? INTRODUCED BY DR, CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLVED, THAT THE MINUTES OF JULY 22 , 1980 BE AND HEREBY ARE APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES: MR. OLSON , DR. EISENHART , MR. MORRELL , MR. ROBERTSON , MRS. WALTER NOES: NONE ABSENT: NONE LTR. - FROM CHIEF JUDKINS RECOMMENDING NO. PARKING ON LUZERNE ROAD ON FILE RESOLUTION TO SET PUBLIC HEARING ION A PROPOSED NO PARKING ORDINANCE RESOLUTION NO . 236, INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. HAMMOND ROBERTSON : WHEREAS, THE TOWN BOARD OF THE TOWN OF QUEENSBURY HAS RECEIVED A COMMUNICATION FROM C. A. JUDKINS , CHIEF OF POLICE INDICATING THAT THE WEST GLENS FALLS VOLUNTEER FIRE COMPANY HAS REQUESTED A NO—PARKING ZONE ON LUZERNE ROAD BY THE FIRE HOUSE , AND WHEREAS, IT IS PROVIDED BY SECTION 130 SUBDIVISION 7 OF THE TOWN LAW THAT THE TOWN BOARD MAY MAKE ORDINANCES, RULES AND REGULATIONS REGULATING USE OF STREETS AND HIGHWAYS , INCLUDING THE RESTRICTING OF PARKING OF ALL VEHICLES THEREON , AND WHEREAS, SECTION 130 OF THE TOWN LAW REQUIRES A PUBLIC HEARING UPON ALL PROPOSED ORDINANCES UPON DUE NOTICE AS PROVIDED FOR THEREIN , NOW , THERE- FORE BE IT RESOLVED, THAT A PUBLIC HEARING ON THE FOLLOWING PROPOSED NO—PARKING ORDINANCE BE HELD ON THE 26TH DAY OF AUGUST 1980 AT 7 : 30 P . M. AND THAT THE TOWN CLERK GIVE NOTICE OF SUCH HEARING BY PUBLICATION OF A NOTICE THEREOF IN THE OFFICIAL TOWN NEWSPAPER ONCE AT LEAST TEN DAYS PRIOR TO THE DATE SPECIFIED FOR SUCH HEARING , SPECIFYING THE TIME WHEN AND THE PLACE WHERE SUCH HEARING WILL BE HELD AND IN GENERAL DESCRIBING SAID PROPOSED ORDINANCE. ORDINANCE TO ESTABLISH A NO PARKING ZONE ON LUZERNE ROAD , RUNNING IN AN EASTERLY DIRECTION FROM THE INTERSEC- TION OF RICHARDSON STREET FOR A DIS- TANCE OF 15o FEET BE IT ENACTED AND ORDAINED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: SECTION 1 . FOR THE PURPOSE OF THIS ORDINANCE THE WORD ' ' VEHICLE ' ' ' 'PARK ' ' AND ' ' STANDING ' ' SHALL AAVff THE MEANING DEFINED IN THE VEHICLE AND TRAFFIC LAW OF THE STATE OF NEW YORK. SECTION 2 . NO VEHICLE SHALL BE PARKED OR LEFT STANDING ON LUZERNE ROAD , RUNNING IN AN EASTERLY DIRECTION FROM THE INTERSECTION OF RICHARDSON STREET A DISTANCE OF 150 FEET. `- SECTION 3. ALL ORDINANCES OR PARTS THEREOF OF THE TOWN OF QUEENSBURY INCONSISTENT WITH THE PROVISIONS OF THIS ORDINANCE ARE HEREBY REPEALED , PROVIDED, HOWEVER , THAT SUCH REPEAL SHALL BE ONLY TO THE EXTENT OF SUCH INCONSISTENCY AND IN ALL OTHER RESPECTS THIS ORDINANCE SHALL BE IN ADDITION TO THE OTHER ORDINANCES REGULATING AND GOVERNING THE SUBJECT MATTER COVERED BY THIS ORDINANCE. SECTION 4. ANY PERSON VIOLATING ANY PROVISIONS OF SECTION 2 OF THIS ORDINANCE SHALL UPON CONVICTION BE PUNISHABLE FOR A FIRST OFFENSE BY A FINE NOT TO EXCEED TEN DOLLARS ( $10. 00 ) AND FOR A SECOND OFFENSE BY A FINE NOT LESS THAN TEN DOLLARS ( $10. 00 ) NOR MORE THAN TWENTY FIVE DOLLARS ( $25. 00 ) OR BY IMPRISONMENT FOR NOT LESS THAN TWO ( 2 ) NOR MORE THAN TEN ( 10 ) DAYS. THE THIRD OR ANY SUBSEQUENT OFFENSE WITHIN ONE ( 1 ) YEAR SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED ONE HUNDRED DOLLARS ( $100 . 00 ) OR BY IMPRISONMENT NOT TO EXCEED THIRTY ( 30 ) DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT. IN ADDITION TO THE AFORESAID PENALTIES , THE TOWN BOARD OF THE TOWN OF QUEENSBURY MAY INSTITUTE ANY PROPER ACTION , SUIT OR PROCEEDING TO PREVENT, RESTRAIN CORRECT OR ABATE ANY VIOLATION OF THIS ORDINANCE. 236 SECTION 5. THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , 'MR. ROBERTSON , MRS . WALTER NOES : NONE ABSENT : NONE SUPERVISOR WALTER- NOTED THAT THE VFW POST HAD NOTIFIED THE TOWN BOARD THAT THEY APPROVED OF THE NO-PARKING ORDINANCE i RESOLUTION AUTHORIZING SUPERVISOR TO ENTER INTO CONTRACT WITH COUNTY FOR THE REMOVAL OF SNOW RFS _ IIITTnN Nn . 237 , INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION, SECONDED BY DR. CHARLES EISENHART : WHEREAS, IT IS PROVIDED BY SECTION 135-A OF THE HIGHWAY LAW THAT A COUNTY MAY CONTRACT WITH A TOWN FOR THE REMOVAL OF SNOW FROM COUNTY ROADS IN SUCH TOWN OR FOR THE REMOVAL OF THE SNOW AND SANDING CONTROL OF ICE AND SNOW ON SUCH COUNTY ROADS ON SUCH TERMS AND CONDITIONS AS MAY BE AGREED UPON BY THE PARTIES INVOLVED AND SUBJECT TO THE APPROVAL BY RESOLUTION OF EACH OF THE LEGISLATIVE BODIES OF SUCH COUNTY AND TOWN , AND WHEREAS, THE BOARD OF SUPERVISORS OF THE COUNTY OF WARREN ADOPTED RESOLUTION NO. 287 ON THE 12TH DAY OF OCTOBER 1979 , AUTHORIZING THE CHAIRMAN OF THE BOARD OF SUPERVISORS TO EXECUTE SUCH CONTRACTS WITH THE SEVERAL TOWNS IN THE COUNTY OF WARREN FOR THE REMOVAL OF SNOW AND SANDING AND CONTROL OF ICE AND SNOW ON THE PAVED COUNTY ROADS IN EACH OF SAID TOWNS AT AN ANNUAL RATE OF $1 , 000 . 00 PER MILE TO BE PAID IN ADVANCE DURING THE MONTH OF JANUARY , SUCH CONTRACTS TO BE EFFECTIVE ON JANUARY 1 , 1980 AND TO CONTINUE IN FORCE UNTIL DECEMBER 31 , 1984 UNLESS EITHER PARTY SHALL GIVE NOTICE IN WRITING PRIOR TO THE FIRST DAY OF JULY IN ANY YEAR OF ITS INTENTION TO TERMINATE SUCH CONTRACT ON THE 31ST DAY OF DECEMBER IN THAT YEAR, AND NOW , THEREFORE BE IT J RESOLVED, THE TOWN BOARD OF THE TOWN OF QUEENSBURY ADOPT A RESOLUTION ON THE 12TH DAY OF AUGUST , 1980 AUTHORIZING THE TOWN SUPERVISOR OF SAID TOWN TO ENTER INTO SUCH CONTRACT ON BEHALF OF THE TOWN. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR . MORRELL, MR. ROBERTSON , MRS . WALTER NOES: NONE ABSENT : NONE DISCUSSION HELD ON RESOLUTION N0. 238 IT WAS DECIDED AND AGREED UPONI BY MRS. WALTER AND MR. ROBERTSON THAT THE POSITION WILL BE A PATROLMAN AND MR. BENSON WILL BE APPOINTED AS A PROVISIONAL PATROLMAN RESOLUTION TO APPOINT PATROLMAN RESOLUTION NO , 238 , INTRODUCED BY MRS . FRANCES WALTER WHO MOVED FOR ITS -) ADOPTION , SECONDED BY MR. HAMMOND ROBERTSON : WHEREAS, THERE IS AN OPENING FOR A PATROLMAN IN THE QUEENSBURY POLICE DEPARTMENT , AND WHEREAS, CHIEF CHARLES JUDKINS HAS MADE KNOWN TO THIS BOARD THAT MR. WILLIAM D. BENSON IS QUALIFIED AND DOES RECEIVE HIS RECOMMENDA- TION TO FILL SUCH A POSITION , OF PROVISIONAL PATROLMAN , NOW , THEREFORE BE IT RESOLVED, THAT THIS BOARD DOES HEREBY APPOINT MR. WILLIAM D. BENSON OF 17 WASHINGTON STREET, FORT EDWARD , NEW YORK AS A PROVISIONAL PATROLMAN, SALARY $9 , 264 . 00 EFFECTIVE APPOINTMENT AUGUST 18 , 1980 . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHARTt MR, MORRELL , MR, ROBERTSON , MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION TO TRANSFER FUNDS RFSOLLJTT❑N NO . 239 . INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLVED, TO TRANSFER $1199 . 00 FROM A1990 . 0 CONTINGENT ACCOUNT TO : 939 . 00 TO A3120 . 420 POLICE, INS. 260. 00 TO A7310 . 420 REC . INS . FOR INCREASED COST OF INSURANCE PER COOL INSURING AGENCY AUDIT. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL , MR. ROBERTSON, MRS. WALTER NOES : NONE ABSENT : NONE RESOLUTION TO TRANSFER FUNDS RESOLUTION NO , 240, INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS . FRANCES WALTER : RESOLVED TO TRANSFER $6 , 002. 58 FROM A1990 . 440 CONTINGENT ACCOUNT TO A1910 . 440 UNALLOCATED INSURANCE FOR COST OF PUBLIC OFFICIALS LIABILITY INSURANCE. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL , MR. ROBERTSON , MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION TO TRANSFER FUNDS R SO IITTnN NO . 241 . INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. HAMMOND ROBERTSON : RESOLVED TO TRANSFER $450. 00 FROM DR5110 . 462 PAVING MATERIALS TO DR 5110 . 440 CONTRACTUAL TO PAY FOR GASOLINE. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON,, DR. EISENHART, MR. MORRELL , MR. ROBERTSON , MRS . WALTER NOES : NONE ABSENT : NONE SUPERVISOR WALTER- SUGGESTED THAT A MEETING BE HELD WITH HIGHWAY SUPT. GEALT TO DISCUSS HIGHWAY FINANCING RESOLUTION REGARDING TOWN POLICY RFSfII IITTf1N Nn 949 _ INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED -- FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : WHEREAS, THE TOWN OF QUEENSBURY PROVIDES MOTOR VEHICLES FOR USE IN THE PERFORMANCE OF DUTIES BY TOWN EMPLOYEES AND WHEREAS, THE TOWN HAS DETERMINED THAT LIABILITY AND COST ARE FACTORS FOR CONSIDERATION IN CONTINUED USE OF THESE VEHICLES , NOW, THEREFORE BE IT RESOLVED, THAT IT WILL BE THE POLICY OF THE TOWN OF QUEENSBURY THAT VEHICLES USED DURING THE WORKING HOURS BY EMPLOYEES WILL BE PARKED ON TOWN PROPERTY AT THE END OF EACH WORKING DAY . IN ATTEMPTING TO PROVIDE SERVICES IN THE BEST INTEREST OF THE RESIDENTS OF QUEENS- 233 BURY , THOSE POSITIONS EXEMPTED FROM THIS POLICY FOR THE PURPOSE OF POSSIBLE EMERGENCIES ARE THE WATER SUPERINTENDENT AND THE HIGHWAY SUPERINTENDENT. DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON , DR. EISENHART , MR. MORRELL, MR. ROBERTSON , MRS , WALTER NOES : NONE ABSENT: NONE COUNCILMAN ROBERTSON-IT IS A NEVER ENDING PROBLEM WITH GOVERNMENT AND I THINK IT IS MY INTENT TO PUT A CONTROL ON COSTS OF GOVERNMENT, , , I DO NOT WANT TO DENY GOVERNMENT OFFICIALS PROPER USE OF A CAR IN THE PURSUIT OF THEIR DUTIES, I DO NOT THINK WE HAVE ANY OBLIGATION TO ..� PROVIDE TRANSPORTATION ALL OVER TOWN EVERWHERE� ANYWHERE� AT ANY TIME. I DO NOT THINK THAT IS THE FUNCTION OF GOVERNMENT NOR DO I THINK IT IS PART OF THE JOB. . . .WHEN THE WORKING DAY IS OVER , WHEN EVER THAT MAY BE FOUR O' CLOCK IN THE AFTERNOON OR TEN O ' CLOCK AT NIGHT I THINK THE PROPER PLACE FOR TOWN VEHICLES IS THE TOWN GARAGE. DISCUSSION HELD ON THE ESTABLISHMENT OF THE SHERMAN AVENUE WATER DIST. SUPERVISOR WALTER- ASKED THE TOWN CLERK IF HE HAD BEEN SUPPLIED WITH THE PROPER PAPERS FROM THE ENGINEER . . . MR, CHASE-YES MR. SCUDDER-ENGINEER-PROPOSE THE CREATION OF A NEW WATER DISTRICT SHERMAN AVENUE WATER DIST. . . .THE TOWN HAS A SMALL CITIES GRANT OF $110 , 000. 00 FOR WATER WORK. . . $70 , 000 . 00 OF THAT MONEY HAS ALREADY BEEN EXPENDED TO CONSTRUCT A 12 ' ' MAIN FROM THE WESTERLY SIDE OF THE EXISTING CONSOLIDATED WATER DIST. 3300 ' WESTERLY ALONG SHERMAN AVE. TO ITS INTERSECTION TO LEO STREET, THAT LEAVES $40 , 000 . 00 TO BE USED FOR THE LATERAL MAINS 9775' OF 6 ' ' PIPE. . .THE NEW WATER DIST. WILL HAVE TO BEAR THE COST OF THE FITTINGS , VALVES APPURTENANCES AND THE COST OF LAYING THE PIPE ESTIMATED AT $47 , 800 . 00 . USING FIVE )EAR SERIAL BONDS AT 8% THE TOTAL PAYOFF WOULD BE $62 , 000 TO RETIRE THE BONDS WHICH MEANS THEY WILL PAY ,360 ON THE DOLLAR FOR THEIR WATER DISTRIBUTION. NOTED THAT IN HIS REPORT HE ROUNDED THE FIGURES OFF TO $50 , 000 . . . J ALL WORK WILL BE DONE BY WATER DEPT. PERSONNEL USING WATER DEPT. EQUIPMENT. .. REQUESTED A RESOLUTION BE PASSED BY THE TOWN BOARD AUTHORIZING HIM TO FILE THE PROPER PAPERS WITH DEC. . . IN THE MATTER OF THE ESTABLISHMENT OF THE SHERMAN AVENUE WATER DISTRICT IN THE TOWN OF QUEENSBURY , COUNTY OF WARREN , STATE OF NEW YORK , PURSUANT TO ARTICLE 12-A OF THE TOWN LAW R s iuTTnm Nn_ 943 INTRODUCED BY MR . HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : WHEREAS, A MAP , PLAN AND REPORT HAVE BEEN PREPARED IN A MANNER IN DETAIL AS DETERMINED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY , REGARDING THE ESTABLISHMENT OF THE SHERMAN AVENUE WATER DISTRICT, AND WHEREAS, THE MAP , PLAN AND REPORT WERE PREPARED BY CHARLES H. SCUDDER CONSULTING ENGINEER, A COMPETENT ENGINEER , LICENSED BY THE STATE OF NEW YORK , SHOWING THE BOUNDARIES OF THE PROPOSED SHERMAN AVENUE WATER DISTRICT AND A GENERAL PLAN OF THE WATER SUPPLY SYSTEM , AND A REPORT OF THE PROPOSED METHOD OF OPERATION ; AND j WHEREAS, THE REPORT SHOWS THE SOURCE OF WATER SUPPLY , WATER MAINS , ✓ DISTRIBUTING PIPES AND HYDRANTS , TOGETHER WITH THE LOCATION AND A GENERAL DESCRIPTION OF ALL PUBLIC WORKS EXISTING OR REQUIRED, AND WHEREAS, THE BOUNDARIES OF THE PROPOSED SHERMAN AVENUE WATER DISTRICT ARE AS FOLLOWS : ' ' BEGINNING AT A POINT IN THE SOUTHERLY BOUNDS OF LOT 63 OF THE QUEENSBURY PATENT AT THE NORTHWEST- ERLY CORNER OF LANDS OF RALPH AND GENEVA K. ELMORE , RUNNING FROM THENCE IN AN EASTERLY DIRECTION ALONG THE SOUTHERLY BOUNDS OF THE SAID LOT 63 TO THE SOUTHEASTERLY CORNER THEREOF; THENCE RUNNING NORTH- ERLY ALONG THE EASTERLY BOUNDS OF THE SAID LOT 63 AND THE WESTERLY BOUNDS OF LOT 56 , QUEENSBURY PAT- ENT, TO AN ANGLE POINT IN THE SOUTHERLY BOUNDS OF THE PRESENT QUEENSBURY WATER DISTRICT, ; THENCE RUNNING EASTERLY ALONG THE SOUTHERLY BOUNDS OF THE SAID WATER DISTRICT, CROSSING OLD FORGE ROAD , TO AN ANGLE POINT IN THE SAID WATER DISTRICT; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDS OF THE SAID WATER DISTRICT, AGAIN CROSSING OLD FORGE ROAD , TO AN ANGLE POINT IN THE SAME AND BEING IN THE SOUTH- ERLY BOUNDS OF THE SAID LOT 56 , QUEENSBURY PATENT ; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDS OF THE SAID LOT 56 , FOLLOWING THE SOUTHERLY BOUNDS OF THE SAID WATER DISTRICT AND BEM ALONG THE NORTHERLY BOUNDS OF LOTS 55 , 20 , 19 AND 18 OF OLD FORGE PARK SUBDIVISION , TO THE NORTHEASTERLY CORNER OF THE SAID LOT 18 ; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDS OF THE SAID WATER DISTRICT, FOLLOWING THE EASTERLY BOUNDS OF OLD FORGE PARK SUBDIVISION, TO THE CENTER OF SHERMAN AVENUE; THENCE WESTERLY IN THE CENTER Off SHERMAN AVENUE TO A POINT THEREIN INTERSECTED BY THE PROJECTION NORTHERLY OF THE WESTERLY BOUNDS OF LANDS OF NIAGARA MOHAWK POWER CORPORATION ; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDS THEREOF AND BEING ALSO ALONG THE WESTERLY BOUNDS OF THE PRESENT WATER DISTRICT TO A POINT IN THE NORTHEASTERLY BOUNDS OF LANDS OF GEORGE AND DAVID DRELLOS ; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY BOUNDS OF THE SAID LANDS OF DRELLOS , FOLLOWING THE SOUTHWESTERLY ®UNDS OF THE QUEENS- BURY WATER DISTRICT, TO THE NORTHEASTERLY CORNER OF THE SAID LAND OF DRELLOS ; THENCE SOUTHERLY ALONG THE EASTERLY BOUNDS OF THE SAID LANDS OF DRELLOS , FOLLOWING THE WESTERLY BOUNDARY THEREOF ; THENCE WESTERLY ALONG THE NORTHERLY BOUNDS OF THE PRESENT WATER DISTRICT BOUNDARY , PASSING THROUGH LANDS OF DRELLOS , MANDIGO AND HOMESTEAD VILLAGE DEVELOPMENT TO A POINT IN THE WESTERLY BOUNDS OF LOT 55 AND THE EASTERLY BOUNDS OF LOT 62 IN THE QUEENSBURY PATENT; THENCE RUNNING NORTHERLY ALONG THE SAID LINE BETWEEN LOTS 55 AND 62 TO THE SOUTHEASTERLY CORNER OF LOT 1 OF THE N. F. RIPLEY SUBDIVISION; THENCE RUNNING WESTERLY ALONG THE SOUTHERLY BOUNDS OF LOTS ONE THROUGH FOURTEEN OF THE SAID SUBDIVISION, CROSSING THREE UNNUMBERED PARCELS OF LAND EACH FIFTY FEET IN WIDTH BETWEEN LOTS TWO AND THREE, LOTS EIGHT AND NINE AND LOTS FOURTEEN AND FIFTEEN, TO THE SOUTHEASTERLY CORNER OF LOT 15 THEREIN AND BEING IN THE EASTERLY BOUNDS OF LAND OF HOWARD S. DICKINSON ; THENCE SOUTHERLY ALONG THE EASTERLY BOUNDS OF THE SAID LANDS OF DICKINSON , 50 FEET TO THE SOUTHEASTERLY CORNER THEREOF ; THENCE WESTERLY ALONG THE SOUTH- ERLY BOUNDS OF THE SAID LANDS OF HOWARD S. DICKIN- SON, 150 FEET TO THE SOUTHWESTERLY CORNER THEREOF ; THENCE NORTHERLY ALONG THE WESTERLY BOUNDS OF THE SAID LANDS OF DICKINSON , 50 FEET TO THE SOUTHEAST- ERLY CORNER OF LOT EIGHTEEN OF THE SAID RIPLEY SUBDIVISION ; THENCE WESTERLY ALONG THE SOUTHERLY BOUNDS OF LOTS 18 , 19 , 20 , 2.1 , 22 AND 23 OF THE SAID SUBDIVISION TO THE SOUTHWESTERLY CORNER OF THE SAID LOT 23 , CROSSING ONE UNNUMBERED PARCEL OF LAND BETWEEN LOTS TWENTY AND TWENTY-ONE ; THENCE WESTERLY, PARALLEL TO THE SOUTHERLY BOUNDS OF SHERMAN AVENUE TO A POINT THEREIN INTERSECTED BY THE PROJECTION SOUTHERLY OF THE WESTERLY BOUNDS OF LANDS OF RALPH AND GENEVA K. ELMORE ; THENCE NORTHERLY, CROSSING SHERMAN AVENUE AND THEN FOLLOW- ING THE WESTERLY BOUNDS OF THE SAID LANDS OF EL- MORE , THE WESTERLY BOUNDS OF LANDS OF THE QUEENS- BURY BETTER HOME VOLUNTEERS , INC. AND AGAIN THE WESTERLY BOUNDS OF THE LANDS OF RALPH AND GENEVA K. ELMORE, TO THE POINT AND PLACE OF BEGINNING. , AND WHEREAS, ALL PROPOSED NEW WATER MAINS AND APPURTENANCES SHALL BE INSTALLED PURSUANT TO AND IN ACCORDANCE WITH FUNDING PROVIDED BY A FEDERAL GRANT, AND WHEREAS, ALL PROPOSED WATER MAINS AND APPURTENANCES SHALL BE INSTALLED II 440 IN FULL ACCORDANCE WITH THE TOWN OF QUEENSBURY SPECIFICATIONS AND ORDINANCES AND IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS AND UNDER COMPETENT ENGINEERING SUPERVISION , AND WHEREAS, THE MAXIMUM AMOUNT PROPOSED TO BE EXPENDED FOR THE SAID IMPROVEMENT IS $47 , 800 . Q0 DOLLARS , AND WHEREAS, THE MAP , PLAN AND REPORT DESCRIBING THE IMPROVEMENTS ARE ON FILE IN THE TOWN CLERKS OFFICE , FOR PUBLIC INSPECTION , NOW ON MOTION OF MR. HAMMOND ROBERTSON AND SECONDED BY DR. CHARLES EISEN- HART, IT IS HEREBY ORDERED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY SHALL MEET AND HOLD A PUBLIC HEARING AT THE TOWN OFFICE BUILDING IN THE TOWN SITUATE AT BAY & HAVILAND ROADS ON THE 26TH DAY OF AUGUST , 1980 AT 7 : 30 P. M. TO CONSIDER THE MAP , PLAN AND REPORT AND TO HEAR ALL PERSONS INTERESTED IN THE PROPOSAL , AND TO TAKE ACTION AS IS REQUIRED AND AUTHORIZED BY LAW AND IT IS FURTHER ORDERED, THAT THE TOWN CLERK BE DIRECTED TO CAUSE A COPY OF THIS ORDER TO BE DULY PUBLISHED AND POSTED AS REQUIRED BY TOWN LAW SECTION 209-D. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART , MR. MORRELL, MR. ROBERTSON , MRS . WALTER NOES : NONE ABSENT : NONE SUPERVISOR WATER- I WILL SUGGEST THAT WE LAY ASIDE THE PETITION TO DEC UNTIL IT IS REVIEWED BY THE ATTORNEY. . . RESOLUTION TO ADD TO AGENDA RFgnillT fN Nn 944 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL MORRELL : RESOLVED , THAT A RESOLUTION TO PURCHASE A NEW ROAD GRADER BE PLACED ON THE FLOOR. DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MR. ROBERTSON , MRS . WALTER NOES: NONE ABSENT : NONE LTR.-HIGHWAY DEPT. RECOMMENDING THE PURCHASE OF A NEW ROAD GRADER . . .ON FILE RESOLUTION TO PURCHASE NEW ROAD GRADER R SnillTTnN Nn . 245 , INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : WHEREAS, MR. DANIEL DEALT HAS NOTIFIED THE TOWN BOARD OF A NEED IN THE QUEENSBURY HIGHWAY DEPT. FOR A NEW ROAD GRADER , AND WHEREAS, A NEW ROAD GRADER CAN BE PURCHASED THROUGH WARREN COUNTY CONTRACT, AND WHEREAS, MR. DANIEL DEALT HIGHWAY SUPT. HAS RECOMMENDED THAT THE TOWN BOARD ACCEPT THE PURCHASE OF A NEW ROAD GRADER UNDER COUNTY CONTRACT , NOW , THEREFORE BE IT RESOLVED, THAT THE TOWN BOARD OF TOWN OF QUEENSBURY HEREBY ACCEPTS THE BID FOR A NEW ROAD GRADER UNDER WARREN COUNTY CONTRACT AT A COST NOT TO EXCEED $ 65 , 000 . 00 AND BE IT FURTHER RESOLVED , THAT THE FINANCING FOR A NEW ROAD GRADER WILL BE COVERED BY A BOND ANTICIPATION NOTE. DULY ADOPTED BY THE FOLLOWING VOTE : AYES ; MR, OLSON , DR. EISENHART , MR. MORRELL , MR, ROBERTSON , MRS, WALTER I I n . NOES ; NONE ABSENT : NONE COMMUNICATIONS MOBILE HOME APPLICATION- MICHAEL S KAREN LEBLANC OF WARREN LANE- EXCHANGE OF MOBILE HOME FROM 1967 TO 1980 MODEL THE LEBLANC 'S WERE PRESENT. . . COUNCILMAN EISENHART-IS THIS CORRECT THAT THEY EITHER GET A ' 1974 MODEL OR BUILD. . . ( CONDITION OF FIRST APPLICATION ) MR. LYNN- THE ONLY MOBILE HOME I REMEMBER THAT WAS REQUIRED TO BUILD WAS ON$IG BOOM ROAD. . . COUNCILMAN OLSON- THIS IS STRICTLY AN EXCHANGE. . . `�- RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO . 246 , INTRODUCED BY MRS. FRANCES WALTER WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL %SON : WHEREAS, MICHAEL AND KAREN LEBLANC HAVE MADE APPLICATION IN ACCORDANCE WITH PARAGRAPH 2 (C ) SECTION 4 , OF AN ORDINANCE OF THE TOWN OF QUEENSBURY ENTITLED; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK , TO LOCATE A MOBILE HOME AT PROPERTY SITUATED ON WARREN LANE, AND WHEREAS, IT HAS BEEN DETERMINED THAT THE APPLICATION IS FOR AN EXCHANGE OF MOBILE HOMES, A 1967 MODEL TO A 1980 MODEL NOW , THEREFORE BE IT RESOLVED, THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE , PERMISSION IS HEREBY GIVEN TO MICHAEL AND KAREN LEBLANC TO EXCHANGE THE EXISTING MOBILE HOME FOR A NEW 1980 MODEL AT WARREN LANE AND THAT THE BUILDING INSPECTOR IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE A PERMIT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID ORDINANCE , AND BE IT FURTHER RESOLVED THAT THE FEE BE RETURNED TO THE LEBLANC ' S , DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MR. ROBERTSON , MRS .WALTER NOES : NONE ABSENT:NONE MOBILE HOME APPLICATION OF NORMA J . S JOHN J . CLEAR OF 16 WARREN LANE EXCHANGE 1966 MOBILE HOME FOR A 1974 MODEL THE CLEAR' S WERE PRESENT . . . RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOIl1TION NO . 249, INTRODUCED By DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL MORRELL : WHEREAS, NORMA J . AND JOHN J . CLEAR HAVE MADE APPLICATION IN ACCORDANCE WITH PARAGRAPH 2 CC ) SECTION 4 , OF AN ORDINANCE OF THE TOWN OF QUEENSBURY `-- ENTITLED; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, TO LOCATE A MOBILE HOME AT PROPERTY SITUATED ON WARREN LANE, AND WHEREAS, IT HAS BEEN DETERMINED THAT THE APPLICATION IS FOR AN EXCHANGE OF MOBILE HOMES ,A 1966 MODEL TO A 1974 MODEL , NOW , THEREFORE BE IT RESOLVED, THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE , PERMISSION IS HEREBY GIVEN TO NORMA J . AND JOHN J . CLEAR TO EXCHANGE THE EXISTING MOBILE HOME FOR A NEWER MODEL (1974 ) MOBILE HOME AT WARREN LANE AND THAT THE BUILDING INSPECTOR IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE A PERMIT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID ORDINANCE , AND BE IT FURTHER RESOLVED, THAT THE FEE BE RETURNED TO THE CLEARS. DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR, OLSON , DR. EISENHART, MR. MORRELL , MR. ROBERTSON , MRS. WALTER i 242 NOES : NONE ABSEMT : NONE REPORTS PLACED ON FILE-BUILDING E ZONING- JULY 1980 TOWN CLERK-JULY 1980 SUPERVISOR ' S-JULY 1980 DISCUSSION HELD IN REGARD TO THE HOUSE ON OHIO AVENUE . . .COUNCILMAN OLSON-STATED THAT THE HOUSE HAS BEEN SET ON FIRE SEVERAL TIMES AND IS NOW I=N VERY BAD CONDITION . . .COUNCILMAN EISENHART AND MYSELF HAVE INVESTIGATED THE SITUATION. . .THE NEIGHBORS AND THE FIRE COMPANY HAVE ASKED THAT SOMETHING BE DONE . . . VERY DANGEROUS . . .TOWN COUNSEL NOTED THAT THERE HAS BEEN A CONVEYANCE BY TAX DEED TO WARREN COUNTY. . . THE TOWN BOARD REQUESTED THAT MR. BRENNAN CONTACT THE COUNTY AND NOTIFY THEM OF THE SITUATION. . COUNCILMAN EISENHART- NOTIFIED THE BOARD THAT MR. BODENWEISER HAS RECEIVED REQUESTS FOR SMOKE ALARMS ,ONE TO A LADY 90 YEARS OLD OF LIMITED INCOME . . . THIS IS WHAT WE HOPED THE GRANT WOULD PROVIDE. . . OPEN FORUM 8 : 59 P . M. MR. MUSSO-COUNTRY COLONY-VOICED HIS CONCERN OVER A DEVELOPMENT OF EIGHT LOTS BY DR. DALLICK BY COUNTY COLONY. . .NOTED IT WAS PASSED BY THE QUEENSBURY PLANNING BOARD. . . FELT THE THE ROAD FOR' THE DEVELOPEMENT SHOULD GO TO BAY ROAD NOT COUNTRY COLONY . . . FELT THAT THERE WILL BE A LOT OF DRAINAGE PROBLEMS IN THE AREA . . . REQUESTED THAT THE TOWN BOARD AND THE HIGHWAY COMMITTEE INVESTIGATE THIS SITUATION. . . MR. NESTLE- NOTED THAT MR. GEALT RECOMMENDITTHAT THE ROAD BE PLACED QUT:' TO BAY ROAD COUNCILMAN WALTER- IT HAS ALWAYS BEEN THE IN PERVIEW OF THE PLANNING BOARD TO REVIEW SUBDIVISIONS AND MAKE ACCEPTANCES I DO NOT THINK THE TIME I HAVE BEEN ON THE BOARD THAT THE TOWN BOARD EVER MADE ANY DECISIONS IN THAT AREA , BUT I WILL BE HAPPY TO SPEAK WITH MR. ROBERTS AND FIND OUT IF THEY HAD ANY PROFESSIONAL GUIDANCE WITH AN ENGINEER OR ANYONE WHO LOOKED AT THE SOILS THERE MD GET BACK TO YOU WITH AN ANSWER TO YOUR QUESTIONS. , . READ A LETTER FROM MR . AUSTIN TO MR . GEALT-. . .REVIEWED THE ENTRANCE TO THE SUBDIVISION FROM BAY ROAD . . . MR. TURNBULL- REVIEWED THE PROGRESS OF THE SENIOR CITIZENa. . . AT THE NEXT MEETING THE OFFICE OF THE AGING WILL BE PRESENT TO ANSWER QUESTIONS. . . NOTED THAT MR. HANSEN HAS NOT ATTENDED THE MEETINGS THAT HE SAID HE WOULD. . .WOULD LIKE TO SEE MORE ASSISTANCE FROM THE RECREATION DEPT. UNKNOWN -WOULD LIKE TO PLACE A 1973 MOBILE HOME ON DAWN AVENUE HAVE TO LEAVE WERE IT IS NOW PLACED. . . SUPERVISOR WALTER- I REGRET TO SAY THAT IT HAS BEEN THE POLICY OF THE BOARD THAT WE WOULD NOT ENTERTAIN ANY APPLICATION FOR PERMITS FOR MOBILE HOMES THAT WERE LESS THAN A 1974 MODEL, . . UNKNOWN - NOTED THAT SHE HAD SPOKE WITH THE COUNTY REHAB PROGRAM TO HAVE THE MOBILE HOME REWIRED TO 1974 STANDARDS , SUPERVISOR WALTER- MANY , MANY PEOPLE HAVE WANTED TO MAKE MODIFICATIONS AND WE HAVE BEEN FAIRLY FIRM ABOUT NOT ACCEPTING ANYTHING BEFORE A 1274 , I DO NOT FIND ANY INDICATION FROM THE TOWN BOARD THAT THEY WISH TO J CHANGE THEIR POLICY. . . MR. FRANCIS PALMER-WEST GLENS FALLS--QUESTIONED WHY SILAS GREENE HAD A { BUSINESS ON RHODE ISLAND AVENUE. . .NOTED NOISE FROM LOCATION. . . SUPERVISOR WALTER- I HAVE TALKED WITH THE BUILDING & ZONING DEPT. ---"1 AND THE CHIEF OF POLICE IN REGARD TO TRAFFIC SITUATIONS WHICH YOU SPOKE OF BEFORE. . . I INDICATED TO YOU THAT THE BUSINESS IS LEGITAMATE. . . AS FAR AS MR. GREENE BUSINESS,, AND IN REGARD TO THE TRAFFIC SITUATION, PATROLMEN HAVE BEEN UP THERE ON SEVERAL OCCASIONS, . ., MR. FRANCIS PALMER- COMPLAINED ABOUT THE LIGHTS FROM THE BUSINESS SHINING INTO THE HOUSE, . . MR . LYNN- WE DO NOT HAVE ANY RESTRICTIONS ON LIGHTING. , , MR. GREENE HAS BEEN THERE' QUITE A WHILE, AT ONE TIME HE HAD A VARIANCE TO BUILD MORE BUT HE NEVER DID. . . _ I � I a� CHIEF JUDKINS- WE HAVE INVESTIGATED THE COMPLAINT BY MR. PALMER REGARDING NOISE. . . WE TALKED WITH THE PEOPLE IN THE AREA AND THE ONLY PERSON THAT COMPLAINED ABOUT THE NOISE WAS MR. PALMERjIN ORDER TO CONSTITUTE A PUBLIC NUISANCE YOU MUST HAVE A NOISE THAT DISTURBS A CONSIDERABLE NUMBER OF PEOPLE. . . SUPERVISOR WALTER- IF THERE WAS SOMETHING THAT I COULD DO FOR YOU I WOULD DO IT, BUT AS YOU CAN SEED THEY ARE NOT IN VIOLATION OF ANY ZONING , WE DO NOT HAVE A VIOLATION WITH PUBLIC NUISANCE SO THERE IS NOTHING WE CAN DO AS FAR AS MR. GREENE IS CONCERNED . . . MR. WEATHERWAX-OWNER OF HOUSE ON CONN. AVE. RECEIVED A LETTER FROM DR. DIER REGARDING HEALTH HAZARD. . . NOTED THAT THE FAMILY THAT LIVES IN THE RESIDENTS ARE SUPPOSED TO BE OUT OF THERE . . .THEY WILL NOT MOVE . . . NOTED HE WROTE A NOTE TO THE PEOPLE TELLING THEM THEY HAD TO BE OUT IN THIRTY DAYS. . . DID NOT MOVE . . . MR. WETHERWAX SON IN LAW- STATED THAT MR. WEATHERWAX AND HIS WIFE WERE ASS4JLTED BY THE RESIDENT. .HE IS AFRAID OF THE PEOPLE . . .HE WOULD NOT PRESS CHARGES. . . COUNCILMAN ROBERTSON- REQUESTED THAT MR. LYNN TALK WITH TOWN COUNSEL AND WRITE OUT THE LEGAL STEPS MR. WEATHERWAX MUST TAKE TO EVICT THE PEOPLE AND THEN IT WILL BE UP TO MR. WEATHERWAX TO PURSUE THE MATTER . . . CHIEF .JUDKINS- NOTED THAT THE EVICTION OF THESE PEOPLE IS A CIVIL ACTION. . . MRS. TURNBULL- NOTED THAT SHE HAD SPOKEN WITH MANY SENIOR CITIZEN WHO HAVE EXPERIENCED PROBLEMS BUT ARE AFRAID TO SPEAK OUT DUE TO REPRISAL . . . SPOKE ON THE NEED FOR A NOISE ORDINANCE. . . SUPERVISOR WALTER- SUGGESTED THAT IT MIGHT BE A GOOD PROGRAM FOR THE SENIOR CITIZENS TO HAVE THE CHIEF OF POLICE TALK TO THEM. . . RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO . 248 , INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTIO DED BY MR. DANIEL OLSON : RESOLVED , THAT AUDIT OF BILLS AS LISTED ON ABSTRACT NO. 80-8B AND NUMBERED 1262 THROUGH 1443 AND TOTALING $156 ,992 . 63 BE AND HEREBY IS APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON, DR. EISENHART, MR. MORRELL , MR. ROBERTSON , MRS . WALTER NOES : NONE ABSENT: NONE SUPERVISOR WALTER- CALLED FOR A SHORT BREAK. . .RECONVENED AS THE QUEENSBURY BOARD OF HEALTH. . . HEALTH HAZARD-GROVENBURG. . . TOWN COUNSEL-JOSEPH BRENNAN-REVIEWED THE 1962 DECISION IN THE APPELATE COURT RE : PUBLIC NUISANCE. . . BEFORE A DETERMINATION CAN PROPERLY BE MADE AS TO THE DEFENDANTS LIABILITY FOR THE EXPENSES FOR A NEW SEWER SYSTEM THERE SHOULD BE SUBSTANTIAL PROOF AS TO Wf THER THE ONLY REASONABLE AND PRACTICAL METHOD OF ABATING THE NUISANCE WAS TO INSTALL SUCH A SEWER SYSTEM. . . THAT IS A DETERMINATION THAT HAS GOT TO BE MADE BY STEVE LYNN OR GEORGE LIAPES OR WHO EVER IS THE APPROPRIATE INDIVIDUAL AS TO WHETHER OR NOT THERE IS ANOTHER REASONABLE AND PRACTICAL METHOD OF ABATING THE CONDITION. . . COUNCILMAN ROBERTSON- WE NOW SHOULD FIND SOMEONE TO MAKE THE EVALUATION. . . REQUESTED THE THE BUILDING AND ZONING DEPT. NOT BE PLACED IN THIS EVALUATION. . . QUESTIONED IF IT WOULD BE BETTER TO HAVE AN ENGINEER OR SOMEONE WHO IS THE BUSINESS OF INSTALLING SEWER SYSTEMS? TOWN COUNSEL- I WOULD THINK THAT A '.­ SEPTIC MAN JWQULD. 13E. THE ONE . . . COUNCILMAN OLSON- REQUESTED THAT SUPERVISOR WATER CONTACT .JAY SWEET TO LOOK AT THE SITUATION. . . L 244 SUPERVISOR WALTER—I WILL CONTACT MR. SWEET. . .AGREED TO BY THE BOARD. . . ADJOURNED THE PUBLIC HEARING UNTIL A REPORT IS FILED. , .10 :36 P .M. RECONVENE AS QUEENSBURY TOWN BOARD SUPERVISOR WALTER— WE HAVE A PETITION TO GO TO THE STATE DEPT. OF ENVIRONMENTAL CONSERVATION REGARDI% THE SHERMAN AVENUE WATER DIST . COUNSEL lffAt.B"_ REVIEWED THIS AND FOUND IT TO BE IN ORDER. . . RESOLUTION TO AUTHORIZE SUPERVISOR TO SIGN PETITION AND TO HAVE THE ENGINEER FILE THE PROPER PAPERS WITH DEC . RESOLUTION NO . 249 , INTRODUCED BY MRS. FRANCES WALTER WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. HAMMOND ROBERTSON : 3 RESOLUTION TO BE FOUND ON PAGE..4/ . FORTH COMING FROM TOWN COUNSEL _ DISCUSSION HELD ON AMENDMENT TO SECTION 4 OF ORDINANCE 33 OF THE TOWN OF QUEENSBURY . . .SUPERVISOR WALTER— LAST WEEK JOSEPH BRENNAN AND s —j • MET WITH MR. MONROE A REPRESENTATIVE OF MR. FLACKS AND THEY FELT THAT THERE HAS TO BE SOMETHING DONE UP THERE THIS SUMMER. . . JOSEPH BRENNAN— BASICALLY WHAT THEY SAID WAS THAT THEY ALTERED THEIR POSITION IN THAT THEY WOULD GO ALONG WITH THE PROHIBITION WITHIN 200 ' OF THE SHORE WITHIN SANDY BAY BUT THEY WANTED THE EXCEPTION OTHER THAN IN SANDY BAY TO ALLOW FISHING. . .THEY FELT SANDY BAY WAS NOT CONDUSIVE TO FISHING. . .THIS WILL BE A CHANGE FROM THE PUBLIC HEARING BUT IT IS A MODIFICATION THAT IS LESS RESTRICTIVE THEN WHAT WAS ORIGINALLY ADOPTED. . . COUNCILMAN EISENHART— I WILL NOT VOTE FOR THIS , WHEN THEY SAY EXCEPT WHEN ACTIVELY ENGAGED IN FISHING IS LUDACRIST. . . ( DEC ) JOSEPH BRENNAN—THEIR VIEW OF THE SITUATION IS THAT THE ONLY PLACE THAT IS A PROBLEM IS SANDY BAY AND THIS WILL ELIMINATE THE PROBLEM THERE. . . COUNCILMAN ROBERTSON— THERE IS THE PROBLEM I`BJA LOT OF PLACES ON THE LAKE . . . IT IS COMING AND IT IS NOT VERY FAR AWAY. . . SUPERVISOR WALTER— WE HAVE GOTTEN A LOT OF PRESSURE FROM RESIDENTS TO DO SOMETHING UP THERE. . . RESOLUTION TO AMEND SECTION 4 OF ORDINANCE NO . 33 OF THE TOWN OF QUEENSBURY RESOLUTION NO . 250 , INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : WHEREAS, ORDINANCE NO. 33 OF THE TOWN OF QUEENSBURY PROVIDED , IN SECTION 4 THEREOF , FOR THE REGULATION OF ANCHORAGE IN THE WATERS WITHIN THE BOUNDARIES OF SAID TOWN, PURSUANT TO SEC- TION 130 ( 17 ) OF THE TOWN LAW OF THE STATE OF NEW YORK ; AND WHEREAS, SAID ORDINANCE LIMITS THE ANCHORING OR MOORING OF ANY BOAT WITHIN ONE HUNDRED ( 100 ' ) FEET OF ANY PRIVATE DOCK OR OTHER IMPROVED PROPERTY ; AND WHEREAS, BY RESOLUTION NO 206 OF 1974 THE TOWN BOARD OF THE TOWN OF QUEENSBURY APPROVED AND ADOPTED A PROPOSED AMEND- MENT TO SECTION 4 OF ORDINANCE N0. 33 WHICH PROPOSED AMEND- MENT WOULD HAVE EXTENDED THE REGULATION OF ANCHORAGE TO A DIS- TANCE OF TWO HUNDRED ( 200 ' ) FEET FROM ANY PRIVATE DOCK OR OTHER IMPROVED PROPERTY ; AND WHEREAS, AFTER ADOPTION , THE PROPOSED AMENDMENT WAS SUBMIT— --� TED TO THE CONSERVATION COMMISSIONER OF THE STATE OF NEW YORK FOR CONSIDERATION AND WRITTEN APPROVAL AS REQUIRED BY TOWN LAW SECTION 130 ( 17 ) ( 2 ) ; AND WHEREAS, SAID APPROVAL WAS NEVER GIVEN TO SAID PROPOSED AMENDMENT BY THE CONSERVATION COMMISSIONER OF THE STATE OF NEW YORK ; AND WHEREAS, THE CONSERVATION COMMISSIONER OF THE STATE OF NEW YORK RAISED OBJECTIONS TO THE 1974 PROPOSED AMENDMENT OF SECTION 4 OF ORDINANCE NO. 33 OF THE TOWN OF QUEENSBURY ; AND WHEREAS, BY RESOLUTION NO. 171 OF 1978 , THE TOWN BOARD OF THE TOWN OF QUEENSBURY APPROVED AND ADOPTED A REVISED PROPOSED AMENDMENT TO SECTION 4 OF ORDINANCE NO. 33 WHICH RECITED AS FOLLOWS : ' ' SECTION 4 . REGULATION OF ANCHORAGE. NO PERSON SHALL ANCHOR OR MOOR ANY BOAT WITHIN TWO HUNDRED ( 200 ' ) FEET OF ANY PRIVATE PROPERTY, EXCEPT IN A CASE OF EMERGENCY OR AT THE DIRECTION OF ANY POL- ICE OFFICER , OR AT THE INVITATION OF THE OWNER OR LESSEE OF SAID PROPERTY. APPLICABLE TO LAKE GEORGE WATERS ONLY. ' ' AND, WHEREAS, AFTER ADOPTION IN ACCORDANCE WITH LAW , THE 1978 PROPOSED AMENDMENT WAS SUBMITTED TO THE CONSERVATION COM- MISSIONER OF THE STATE OF NEW YORK FOR CONSIDERATION AND WRITTEN APPROVAL AS REQUIRED BY TOWN LAW SECTION 130 ( 17 ) ( 2 ) ; AND WHEREAS, THE CONSERVATION COMMISSIONER OF THE STATE OF NEW YORK THEREAFTER RAISED ADDITIONAL OBJECTIONS TO THE 1978 PROPOSED AMENDMENT OF SECTION 4 OF ORDINANCE NO. 33 ; AND WHEREAS, FOR THE PURPOSE OF CLARIFYING THE LEGISLATIVE IN- TENT OF THE TOWN BOARD OF THE TOWN OF QUEENSBURY , AS THE LEGISLATIVE BODY OF THE TOWN OF QUEENSBURY, WITH RESPECT TO THE 1978 PROPOSED AMENDMENT TO ORDINANCE NO. 33 , THE TOWN BOARD ADOPTED RESOLUTION NO. 189 ( 1980 ) WHICH CLARIFIED THE MEANING AND INTENT OF SAID PROPOSED ORDINANCE ; AND WHEREAS, THE CONSERVATION COMMISSIONER OF THE STATE OF NEW YORK HAS INFORMED THE TOWN OF QUEENSBURY THAT WRITTEN AP- PROVAL TO THE 1978 PROPOSED AMENDMENT WOULD NOT BE FORTHCOM- ING WITHOUT THE INCLUSION IN SAID PROPOSED 1978 AMENDMENT TO SECTION 4 OF ORDINANCE NO. 33 OF AN EXCEPTION WHERE A BOAT IS USED FOR ACTIVE ENGAGEMENT IN FISHING IN OTHER WAT- ERS OF LAKE GEORGE SITUATE WITHIN THE TOWN OF QUEENSBURY , OTHER THAN IN SANDY BAY ; AND WHEREAS, A PROPOSED REVISION OF SAID 1978 AMENDMENT HAS BEEN PRESENTED TO THE TOWN BOARD FOR CONSIDERATION TO COMPLY WITH THE REQUEST OF THE CONSERVATION COMMISSIONER OF THE STATE OF NEW YORK IN THIS REGARD; AND WHEREAS, THE TOWN BOARD FINDS THAT THE NATURE OF SANDY BAY IS SUCH THAT IT IS ENVIRONMENTALLY ADVISABLE TO DISTINGUISH SANDY BAY FROM OTHER WATERS OF LAKE GEORGE IN THE TOWN OF QUEENSBURY; AND WHEREAS, THE TOWN BOARD FURTHER FINDS THAT THE QUALITY OF FISHING IN SANDY BAY AS TO MANY SPECIES IS INFERIOR TO FISH- ING IN OTHER AREAS OF LAKE GEORGE WITHIN THE TOWN OF QUEENSBURY ; AND WHEREAS, SAID REVISED AMENDMENT TO SECTION 4 READS AS FOLLOWS : ' 'SECTION 4 . REGULATION OF ANCHORAGE. NO PERSON SHALL ANCHOR OR MOOR ANY BOAT WITHIN TWO HUNDRED ( 200 ' ) FEET OF ANY PRIVATE PROPERTY, EXCEPT IN THE CASE OF AN EMERGENCY OR AT THE DIRECTION OF ANY POLICE OFFICER , OR AT THE INVITATION OF THE { OWNER OR-LESSEE OF SAID PROPERTY AND FURTHER , �- OTHER THAN FOR THE WATERS IN SANDY BAY SITUATE SOUTH OF A STRAIGHT LINE DRAWN FROM THE NORTHERN- MOST POINT OF RIPLEY POINT ( CLEVERDALE ) TO THE NORTHERNMOST POINT OF SHELDON POINT ( ROCKHURST ) TO WHICH WATERS THE FOLLOWING EXCEPTION IS NOT APPLICABLE, AN ADDITIONAL EXCEPTION IS MADE FROM THE PROVISIONS OF THIS SECTION WHEN A BOAT IS USED FOR ACTIVE ENGEGEMENT IN FISHING. THIS SEC- TION IS APPLICABLE TO LAKE GEORGE WATERS ONLY. ' ' AND WHEREAS, THE TOWN BOARD FINDS THAT THE REVISION OF SAID AMEND- 246 MENT IS NOT SUBSTANTIAL AND IS LESS RESTRICTIVE IN VIEW OF THE EXCEPTION CREATED THEREIN FOR ACTIVE ENGAGEMENT IN FISHING ; AND WHEREAS, DUE DELIBERATION AND CONSIDERATION HAVE BEEN GIVEN TO THE PROPOSED REVISED AMENDMENT TO SECTION 4 OF ORDINANCE NO. 33 , NOW, THEREFORE , BE IT RESOLVED, THAT SECTION 4 OF ORDINANCE NO. 33 OF THE TOWN OF QUEENSBURY BE AMENDED TO READ AS FOLLOWS : a ' ' SECTION 4 . REGULATION OF ANCHORAGE. NO PERSON SHALL ANCHOR OR MOOR ANY BOAT WITHIN TWO HUNDRED ( 200 ' ) FEET OF ANY PRIVATE PROPERTY , EXCEPT IN THE CASE OF AN EMERGENCY OR AT THE DIRECTION OF ANY POLICE OFFICER , OR AT THE INVITATION OF THE OWNER OR LESSEE OF SAID PROPERTY AND FURTHER , OTHER THAN FOR THE WATERS IN SANDY BAY SITUATE SOUTH OF A STRAIGHT LINE DRAWN FROM THE NORTHERN- MOST POINT OF RIPLEY POINT (CLEVERDALE ) TO THE NORTHERNMOST POINT OF SHELDON POINT ( ROCKHURST ) , TO WHICH WATERS THE FOLLOWING EXCEPTION IS NOT APPLICABLE , AN ADDITIONAL EXCEPTION IS MADE FROM THE PROVISIONS OF THIS SECTION WHEN A BOAT IS USED FOR ACTIVE ENGAGEMENT IN FISHING. THIS SEC- TION IS APPLICABLE TO LAKE GEORGE WATERS ONLY . ' ' AND BE IT FURTHER RESOLVED, THAT THE TOWN CLERK BE DIRECTED TO CAUSE SAID PUB- LICATION OF NOTICE OF SAID AMENDMENT TO SECTION 4 OF SAID ORDINANCE AS IS REQUIRED BY TOWN LAW SECTION 133 AND TO SUBMIT SAID AMENDMENT TO ORDINANCE NO. 33 TO THE CONSERVATION COMMISSIONER OF THE STATE OF NEW YORK FOR CONSIDERATION FOR WRITTEN APPROVAL , AND BE IT FURTHER RESOLVED , THAT SAID AMENDMENT TAKE EFFECT IN ACCORDANCE WITH THE PROVISIONS OF TOWN LAW SECTION 133 AND UPON RECEIPT OF THE APPROVAL IN WRITING OF SAID AMENDMENT TO SAID ORDINANCE FROM THE CONSERVATION COMMISSIONER OF THE STATE OF NEW YORK . DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON , MR. MORRELL , MR . ROBERTSON , MRS WALTER NOES : DR. EISENHART ABSENT : NONE RESOLUTION CALLING FOR EXECUTIVE SESSION RFSOIIITTON NO . 251 . INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. HAMMOND ROBERTSON : RESOLVED , THAT THE TOWN BOARD HEREBY CALLS FOR AN EXECUTIVE SESSION TO DISCUSS POLICE NEGOTIATIONS. DULY ADOPTED BY THE FOLLOWING VOTE : AYES: MR. OLSON , DR. EISENHART , MR. MORRELL , MR. ROBERTSON , T MRS. WALTER NOES : NONE ABSENT : NONE ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY, DONALD A. CHASE TOWN CLERK TOWN OF QUEENSBURY I i �?47 RESOLUTION TO AUTHORIZE SUBMISSION OF PETITION RE ESTABLISHMENT OF SHERMAN AVENUE WATER DISTRICT TO NEW YORK STATE DEPARTMENT OF ENVIRON- MENTAL CONSERVATION RESOWTION NO_ 249 INTRODUCED BY MRS . FRANCES WALTER WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. HAMMOND ROBERTSON : WHEREAS, A MAP , PLAN AND REPORT HAVE BEEN PREPARED, IN A MANNER IN DETAIL AS DETERMINED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY , REGARDING THE PROPOSED ESTABLISHMENT OF THE SHERMAN AVENUE WATER DISTRICT, AND WHEREAS, SAID MAP, PLAN AND REPORT SET FORTH ALL DETAILS RELA- TIVE TO THE CONSTRUCTION OF THE PROPOSED PROJECT , AND WHEREAS, IT IS PROPOSED TO DISTRIBUTE WATER IN THE PROPOSED SHERMAN AVENUE WATER DISTRICT FROM THE EXISTING QUEENSBURY CONSOLIDATED WATER DISTRICT , AND WHEREAS, ARTICLE 15 OF THE ENVIRONMENTAL CONSERVATION LAW RE- QUIRES APPROVAL OF THE PROJECT BY THE NEW YORK STATE DEPART- MENT OF ENVIRONMENTAL CONSERVATION , AND WHEREAS, A PROPOSED PETITION HAS BEEN PREPARED WHICH PETITION CONSTITUTES AN APPLICATION OF THE TOWN OF QUEENSBURY FOR AP- PROVAL BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CON- SERVATION OF THE ESTABLISHMENT OF THE SHERMAN AVENUE WATER DISTRICT AND OF ITS FINANCIAL AND ENGINEERING PLANS TO DIS- TRIBUTE WATERS THEREIN FROM THE QUEENSBURY CONSOLIDATED WATER DISTRICT, AND WHEREAS, APPROVAL OF THE PETITION BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY IS REQUIRED ALONG WITH AUTHORIZATION FOR SUPERVISOR FRANCES J . WALTER TO EXECUTE SAID PETITION , NOW , THEREFORE BE IT RESOLVED, THAT THE AFORESAID PETITION , A COPY OF WHICH IS ANNEXED HERETO , BE APPROVED FOR SUBMISSION TO THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND BE IT FURTHER RESOLVED , THAT THE SUPERVISOR OF THE TOWN OF QUEENSBURY BE AND SHE IS HEREBY AUTHORIZED TO EXECUTE SAID PETITION IN HER CAPACITY AS SUPERVISOR OF THE TOWN OF QUEENSBURY , AND BE IT FURTHER RESOLVED , THAT THE SUPERVISOR OF OF THE TOWN OF QUEENSBURY AND/OR CHARLES H. SCUDDER, CONSULTING ENGINEER , WHO HAS BEEN RETAINED BY THE TOWN OF QUEENSBURY TO PROVIDE ENGINEERING SERVICES RELATIVE TO THE ESTABLISHMENT OF THE SHERMAN AVENUE WATER DISTRICT BE AUTHORIZED TO TAKE ALL NECESSARY ACTION TO CAUSE SAID PETITION TO BE DULY FILED WITH THE NEW YORK STATE DE- PARTMENT OF ENVIRONMENTAL CONSERVATION AND TO TAKE ANY AND ALL OTHER NECESSARY ACTION TO SECURE THE APPROVAL OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF THE PROPOSED ESTABLISHMENT OF THE SHERMAN AVENUE WATER DIST- RICT AND OF ITS FINANCIAL AND ENGINEERING PLANS TO DISTRIBUTE WATER THEREIN FROM THE QUEENSBURY CONSOLIDATED WATER DISTRICT. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL , MR. ROBERTSON , MRS . WALTER NOES : NONE ABSENT : NONE 248 STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION In the Matter of the Application of the Town o€ Queensbury, PETITION Warren County, for approval of the formation of the SHERMAN AVENUE WATER DISTRICT and of its financial and engineering plans to dis- tribute water therein from the Queensbury Consolidated Water District. -------------------------------------------- TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF THE STATE ;)F NEW YORK: The Petition of the Town of Queensbury respectfully shows: FIRST: The Town of Queensbury, Warren County, is are incorporated township duly organized in under the laws of the State of New York. Its principal office for the transaction of business is The Town Office Building, Bay and Haviland Roads , Glens Falls, New York 12801. SECOND: Frances J, Walter, who signs and verifies ttlis petition, is the duly elected Supervisor of the township, and she signs this petition on behalf of the applicant by virtue of authority vested in her by resolution duly adopted at a meting of the Town Board held on August ; 1980, THIRD: The proposed Sherman Avenue Water District is situated in the town adjacent to and generally westerly of the Queensbury Consolidated Water District. The location of said proposed water district is shown on EXHIBIT "D" , a portion of a USGS topographic sheet, Glens Falls Quadrangle. -2- FOURTH: It is now proposed to construct the f ollowinx works : 3300 lineal feet of 12" diameter DIP along Sherman Avenue from the 24" line in the Consolidated Water District to the approximate intersection of Sherman Avenue and Leo Street ; 9775 lineal feet, more or less , of 6" diameter DIP lateral distribution mains on streets north of Sherman Avenue ; hydrants at 800 to 1000 foot intervals in the service area; all fittings , valves and appurtenances as required in accord with good engineering practice. All of which works are shown on EXHIBIT "F" and fully described in EXHIT3IT "A" . The plans provide for the proper and safe construct i r,: of all work connected therewith. The plans proposed by the appLication are justified by public necessity. The total estimated cost of constructing the waterwor ,". system herein proposed is $157,800 of which an estimated $47 , � must be financed by the proposed district inasmuch as a grant :. L ,$110,000 has been received by the Warren County Office of Community Development through HUD for this project. FIFTH: There now exist approximately 120 residen•t4 .s .end commercial units in the proposed service area whose sourc— of supply consist generally of shallow wells on small lots. SIXTH: The area within the proposed water district Aepends , for the disposal of wastes , upon septic tanks and lear? ing systems. A principal factor in the acquisition of the grant-in-aid for construction of a new public water supply system is that shallow wells and septic systems are installed 1 ,2 Yk- -3- on small individual lots throughout this portion of the Town of Queensbury. Therefore it is of paramount importance- for the proposed water distribution system to be installed in the fall of 1980. SEVENTH: When fully developed, it is estimated that a total of 750 persons will reside in the service area. EIGHTH: Apart from individual shallow wells, there are no other sources of supply for the proposed water district. NINTH: Your petitioner has been informed that these works , if constructed in accordance with the plans and specifi- cations as outlined in EXHIBIT "H" , will be safe and so believer , TENTH: The plans provide for the proper sanitary control of the consolidated water district and ro p per protectior. of the supply. Water samples are routinely submitted by the Queensbury dater District to the State Department of Health for laboratory analyses . The operation and maintenance of the Queensbury Consolidated :dater System is carried out in accordance- with best waterworks practice and all operations are supervised by the State Department of Health. The source of supply for the Queensbury Consolidated Water District is the Hudson River. A moderate water plan provides complete treatment for the raw water taken from the River before the finished water is distributed to approximately 7 2300 consumers in the consolidated district. Tile glans for the Sherman Avenue Water District provide for an adequate supply ,f w:,ter. -4- ELEVENTH: Accepted engineering design standards pro- ject an average daily usage of 75,000 gallons of water, and the proposed development will result in a maximum of 150,000 gallons per day in the proposed service area. Fire protection is included under this proposal. The minimum size of distribution mains will be 6" diameter and hydrants with 54" valve openings will be installed at intervals of 800 to 1000 feet. The plans are just and equitable to the other munic_ i);i ) corporations and civil divisions of the State affected thereby and to the inhabitants thereof, particularly consideration beinc given to their present and future necessities for sources of water. supply. 74ELFTH: There are no other sources of public water in the service area except for individual driven wells which ,-ir, subject to sewage pollution. The diversion of water from the consolidated water district will not adversely affect other civil divisions of the State. The plans make fair and equitable provisions for thr payment of any and all legal damages to persons and property, both dir;�ct and indirect, which will result from the execution of said plans. THIRTEENTH: It is not expected that there will be any unusual damage during construction or as a result of construction. Such damage as might be caused by the execution of the plans , if any, would not be great in amount, The financial condition of the applicant is such that it can pay the amount of such damace s . -5- FOURTEENTH. All the above matters are more fully set i forth in the various exhibits attached to this petition and fore,i- ing a part thereof , namely: Exhibit A - Engineer's Report Exhibit B - Resolution Exhibit C - Estimate of Cost Exhibit D - USGS Topographic Sheet Exhibit E Map of Proposed W. D. Exhibit F - Detai.led Construction Plans Such further data, information and evidence as may be required will be brought forth at the hearing, if such hearing deemed necessary, Wherefore, your petitioner respectfully prays that Department of Environmental Conservation take action on this application as required by the terms of Article 15 of the Environmental Conservation Law, and that the project be appr cw--c. . TOWN OF QUEENSBURY By= _ Frances J. Walter Supervisor i ca`T✓ RESOLUTION TO SCHEDULE PUBLIC HEARING RE WASTEWATER FACILITIES PLAN AND ENVIRONMENTAL ASSESSMENT FOR PROPOSED QUEENSBURY SEWER !, COLLECTION PROJECT RESOLUTION NO. 229 . ( 1980 ) INTRODUCED BY COUNCILMAN ROBERTSON WHO ! MOVED ITS ADOPTION , SECONDED BY COUNCILMAN OLSON : WHEREAS, CERTAIN INFORMATION RELATIVE TO THE WASTEWATER FACIL- ITIES PLAN AND ENVIRONMENTAL ASSESSMENT FOR THE PROPOSED QUEENSBURY SEWER COLLECTION PROJECT HAS BEEN PREPARED AND FILED IN THE OFFICE OF THE TOWN CLERK OF THE TOWN OF QUEENSBURY BY THE ENGINEERS RETAINED BY THE TOWN OF QUEENSBURY; AND WHEREAS, A PUBLIC HEARING IS REQUIRED TO PROVIDE AN OPPORTUNITY FOR PUBLIC PARTICIPATION ON ISSUES RELATIVE TO THE WASTEWATER FACILITIES PLAN AND ENVIRONMENTAL ASSESSMENT FOR THE PROPOSED QUEENSBURY SEWER COLLECTION PROJECT WHICH ALL PERSONS INTERESTED IN THE PROJECT MAY ATTEND AND AT WHICH ALL PERSONS INTERESTED IN THE PROJECT WILL BE HEARD ON QUESTIONS AND STATEMENTS PERTAINING SPECIFICALLY TO THE PROPOSED QUEENSBURY COLLECTION SYSTEM AND IN CONNECTION WITH WHICH WRITTEN STATEMENTS PROPERLY SIGNED AND INCLUDING THE ADDRESS OF THE SIGNER MAY BE SUBMITTED PRIOR TO OR AT THE TIME OF SAID PUBLIC HEARING; AND WHEREAS, SAID PUBLIC HEARING AND THE NOTICE THEREOF ARE INTENDED TO COMPLY WITH THE REQUIREMENTS OF THE NATIONAL ENVIRONMENTAL POLICY ACT AND THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT; AND WHEREAS, INFORMATION CONCERNING THIS PROJECT IS AVAILABLE FOR INSPECTION AT THE QUEENSBURY TOWN OFFICE BUILDING, BAY AND HAVILAND ROADS, DURING THE WEEKDAY HOURS OF 9 :00 AM TO 4 : 00 PM; AND WHEREAS, A PROPOSED NOTICE OF PUBLIC HEARING , A COPY OF WHICH IS ANNEXED HERETO , HAS BEEN PRESENTED TO THE TOWN BOARD WHICH NOTICE IS REQUIRED BY LAW TO BE PUBLISHED, NOW THEREFORE , BE IT RESOLVED, THAT A PUBLIC HEARING BE HELD AT THE QUEENSBURY TOWN OFFICE BUILDING, BAY E HAVILAND ROADS AT 7 : 30 PM LOCAL TIME ON AUGUST 28 , 1980 FOR THE PURPOSE OF PROVIDING AN OPPORTUNITY FOR PUBLIC PARTICIPATION ON ISSUES RELEVANT TO THE WASTEWATER FACILITIES PLAN AND ENVIRONMENTAL ASSESSMENT FOR THE PROPOSED QUEENSBURY SEWER COLLECTION PROJECT, WHICH PUBLIC HEARING MAY BE ATTENDED BY ALL PERSONS INTERESTED IN THE PROJECT AND AT WHICH ALL PERSONS INTERESTED IN THE PROJECT WILL BE HEARD ON QUESTIONS AND STATEMENTS PERTAINING SPECIFICALLY TO THE PROPOSED QUEENSBURY COLLECTION SYSTEM AND BE IT FURTHER RESOLVED, THAT THE TOWN CLERK OF THE TOWN OF QUEENSBURY BE AND HE HEREBY IS AUTHORIZED AND DIRECTED TO CAUSE PUBLICATION OF THE NOTICE OF PUBLIC HEARING TO BE MADE AS REQUIRED BY LAW IN THE OFFICIAL NEWSPAPER OF THE TOWN OF QUEENSBURY AND THAT THE TOWN CLERK TAKE ANY AND ALL ACTION NECESSARY AND REQUIRED BY LAW TO PROVIDE PROPER NOTICE OF SAID PUBLIC HEARING. DULY ADOPTED BY THE FOLLOWING VOTE : AYES: MR. OLSON, DR. EISENHART, MR. MORRELL , MR. ROBERTSON , MRS. WALTER NOES : NONE ABSENT : NONE