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1998-09-03 REGULAR TOWN BOARD MEETING SEPTEMBER 3, 1998 7:00 P.M. MTG.#43 RES. 319-341 BOH 45-47 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN BOARD MEMBERS ABSENT COUNCILMAN THEODORE TURNER TOWN OFFICIALS RALPH VANDUSEN-WATER DEPT. SUPERINTENDENT HENRY HESS-CONTROLLER CHRIS ROUND-DIRECTOR OF COMMUNITY DEVELOPMENT PLEGE OF ALLEGIANCE LED BY COUNCIMLAN IRISH SUPERVISOR CHAMPAGNE-Opened the meeting- RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 319.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL RESOLVED, that the Town Board of the Town of Queenbury hereby moves into the Queensbury Board of Health. Duly adopted this 3rd. day of September, 1998 by the following vote: AYES: Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: Mr. Turner 1.0 QUEENSBURY BOARD OF HEALTH 1.1 PUBLIC HEARING SEWER VARIANCE JOAN DENTON NOTICE SHOWN SUPERVISOR CHAMPAGNE-Opened the Public Hearing Asked for public input. MRS. JOAN DENTON-Joan Denton, 2297 Ridge Road Applicant CHRIS ROUND-DIRECTOR-Reviewed the application with the Board-requesting the following variances: 1. Seepage pits installed 133' from well in lieu of 150' set back.. .2. 230 square feet of absorptive area in lieu of the required 500 square feet... 3. 15 foot separation distance between the seepage pits in lieu of the required 30' separation... COUNCILMAN MERRILL-Noted he had visited the site and have reviewed the application with Mr. Thomas Nace. . . recommended the approval of the variances. COUNCILMAN TUCKER-Questioned how long the system had been there? MRS. DENTON-Fifteen years. COUNCILMAN MERRILL-The system was put in approximately in 1983, noted there are thirty two acres of land, and there is no evidence of failure of the system. SUPERVISOR CHAMPAGNE-Asked for public input none heard.. . hearing declared closed. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCES FOR JOAN DENTON RESOLUTION NO.: 45.1998 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, Joan Denton previously filed a request for three (3) variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, and WHEREAS, a Notice of Public Hearing was published in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on September 3rd, 1998, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variances to Joan Denton allowing: 1.seepage pits installed one-hundred thirty-three feet (133') from the well in lieu of the required one- hundred fifty feet (150') setback; 1.230 square feet of absorptive area installed in lieu of the required 500 square feet of absorptive area for a three (3) bedroom home; and Lan approximate fifteen feet (15') separation distance between the seepage pits in lieu of the required approximate thirty feet (30') separation distance as required by New York State Department of Health regulations; on property situated at 2297 Ridge Road, Queensbury, New York, and bearing Tax Map No.: 21-1-8.1. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Turner 1.2 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON APPEAL FROM DETERMINATION OF DIRECTOR OF CODE ENFORCEMENT FOR JOHN AND KATHLEEN SALVADOR RESOLUTION NO.: 46. 1998 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, by law the Town Board of the Town of Queensbury is also the Local Board of Health for the Town of Queensbury and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, John and Kathleen Salvador have applied to the Local Board of Health for a variance from the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such application requesting that the applicants be allowed to have a holding tank, and WHEREAS, the Director of Building and Code Enforcement has determined by letter dated August 5, 1998 that the Salvador property does not qualify for this variance, and WHEREAS, the Salvadors have appealed this determination by letter dated August 27th, 1998, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on October 5th, 1998 at 7:00 p.m. at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Queensbury, to consider John and Kathleen Salvadors' appeal to allow consideration of a holding tank on property situated at 2999 State Route 9L, Queensbury and bearing Tax Map No. Section 4, Block 1, Lot 11, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing and send a copy of the Notice of Public Hearing to neighbors located within 500 feet of the subject property, as required by law. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Turner DISCUSSION HELD BEFORE VOTE: Mr. Salvador requested that each hearing be held at separate times one for appeal on on application... Councilman Merrill-Requested that the hearing be held on October 5th to allow more time for research. RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 47.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Board of Health. Duly adopted this 3rd. day of September, 1998 by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES: None ABSENT: Mr. Turner REGULAR SESSION 2.0 PUBLIC HEARINGS 2.1 PUBLIC HEARING ON THE CONSOLIDATION OF THE WEST GLENS FALLS WATER DISTRICT AND WEST GLENS F ALLS WATER DISTIRCT EXT. WITH THE QUEENSBURY CONSOLIDATED WATER DISTRICT NOTICE SHOWN SUPERVISOR CHAMPAGNE-Opened the Hearing...Introduced Water Supt. Ralph VanDusen WATER SUPT. RALPH VANDUSEN-Spoke to the public on the history of the West Glens Falls Water District.. . noted the combining the these districts will save on administrative costs, reviewing the procedures of separate accounts on each district.. . noted a problem on the tax bills in 1998... spoke to the board on replacement of pipes in the area, noted that some are in need of replacement. . . COUNCILMAN IRISH-Asked how much it would cost to replace all the piping... WATER SUPT. VANDUSEN-Approximately $300,000 WARREN COUNTY SUPERVISOR DENNIS BROWER-Requested that the Board consider this proposal. . . MRS. BARBARA BENNETT -Asked for Mr. Tucker opinion. COUNCILMAN TUCKER-Noted he was now in favor of the consolidation. UNKNOWN-Questioned why Mr. Tucker was against it before? COUNCILMAN TUCKER - We didn't have the dollars before. . . we do not want to burden anyone. SUPERVISOR CHAMPAGNE-Asked for further input.. . hearing none the public hearing was closed. RESOLUTION AUTHORIZING CONSOLIDATION OF THE WEST GLENS FALLS WATER DISTRICT AND THE WEST GLENS FALLS WATER DISTRICT EXTENSION WITH THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 320.98 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, there has previously been established and created a water district known and described as the Queensbury Consolidated Water District, and WHEREAS, there has previously been established and created water districts known and described as the West Glens Falls Water District and the West Glens Falls Water District Extension, and WHEREAS, notice of a public hearing was given in the official newspaper of the Town of Queensbury and the Town Board of the Town of Queensbury duly conducted a public hearing on September 3rd, 1998 on the subject matter of the proposal to consolidate the West Glens Falls Water District and the West Glens Falls Water District Extension with the Queensbury Consolidated Water District pursuant to New York State Town Law Section 206, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines upon the evidence given at the public hearing that it is in the public interest that the districts described above be consolidated and that the resulting Consolidated Water District be known as the Queensbury Consolidated Water District, and that all property of the West Glens Falls Water District and the West Glens Falls Water District Extension and of the currently existing Queensbury Consolidated Water District become the property of the new Queensbury Consolidated Water District and that the new Consolidated Water District assume and pay the indebtedness of each of the original districts as if such indebtedness had been incurred subsequent to the consolidation, pursuant to Town Law Section 206, and BE IT FURTHER, RESOLVED, that the Town Board hereby determines that it is in the public interest to consolidate the districts and that it is in the public interest that all future assessments of all costs of operation, maintenance and improvements of the Queensbury Consolidated Water District and West Glens Falls Water District and West Glens Falls Water District Extension, including any such costs that were formally assessable by law, upon the taxable real property in the aforesaid Districts, be assessed upon the taxable property in the new Queensbury Consolidated Water District, and BE IT FURTHER, RESOLVED, that the Town Board hereby orders and directs the consolidation of the Water Districts as determined to be in the public interest and orders and directs that there be annually assessed upon all taxable real property in the new Queensbury Consolidated Water District amounts sufficient to pay the principal of and interest on all outstanding indebtedness of the new Consolidated District, including the prior outstanding indebtedness of the West Glens Falls Water District, the West Glens Falls Water District Extension and the currently existing Queensbury Consolidated Water District, and BE IT FURTHER, RESOLVED, that if there are any Office of Commissioners provided for in any of the districts, the offices shall be abolished upon the effective date of the aforedescribed consolidation, and BE IT FURTHER, RESOLVED, that in accordance with Section 206, Subdivision 4 of the Town Law, the Town Board hereby authorizes and directs the Town Clerk to publish and post this Resolution within ten (10) days after the adoption of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution shall be subject to a permissive referendum as provided by Section 206 of the Town Law. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Turner 3.0 CORRESPONDENCE NONE 4.0 TOWN COUNCILMAN'S COMMITTEE REPORTS COUNCILMAN IRISH-Reported on the Recreation Commission Meeting Hudson River Park work will begin next week... COUNCLMAN MERRILL-Highway Committee-noted that the Supervisor also attended.. . met with Mr. Naylor, discussed the paving of some roads.. . noted that Mr. Naylor said he would consider the list of roads.. . COUNCILMAN IRISH-Questioned when Mr. Naylor would get back to the board? COUNCILMAN MERRILL-Next week. COUNCILMAN TUCKER-Questioned what roads were being considered? COUNCILMAN MERRILL-Noted that Mr. Naylor did talk about Clark Street noting that drainage work needed to be done before paving.. . noted that it was Mr. Naylor's Policy not to pave roads without three residents. . . COUNCILMAN TUCKER-Noted that Colby road was done...questioned why his resolution was not placed on the agenda, naming certain roads to be paved? SUPERVISOR CHAMPAGNE-Noted that he had not placed the resolution on the agenda, being concerned about the wording of directing the highway supt. to pave certain roads. . . will wait for the answer from Mr. Naylor.. . 5.0 DISCUSSION ON RESOLUTIONS MR. JOHN SALVADOR-Questioned 6.6 proposed Local law Shoreline and Wetland Regulations? DIRECTOR CHRIS ROUND-Reviewed the regulations, described the separation distance between docks within the property boundaries.. MR. SALVADOR-Noted that Bolton and Queensbury should have an agreement regarding these laws.. . regarding 6.15 Data Collector need to increase her duties, more detailed. 6.0 RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF NACE ENGINEERING, P.C. FOR SURVEYING AND ENGINEERING SERVICES FOR DRAINAGE IMPROVEMENTS ALONG CRONIN ROAD RESOLUTION NO.: 321.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. FRED CHAMPAGNE WHEREAS, the Town Board of the Town of Queensbury wishes to engage the services of a professional engineering firm to design drainage improvements along a portion of Cronin Road in Queensbury, and WHEREAS, Nace Engineering P.c., in its letter dated August 17th, 1998, has offered to render the proposed surveying and engineering services for an amount not to exceed $9,000, which fee includes subcontracting amounts for the necessary surveying and soil borings, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the engagement of Nace Engineering, P.c. to provide the engineering and surveying services described above at a cost not to exceed $9,000 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Supervisor to execute any forms or agreements in form approved by Town Counsel, necessary to effectuate this Resolution. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 1998 TO AMEND CHAPTER 96 OF THE QUEENSBURY TOWN CODE ENTITLED, "GARBAGE, RUBBISH AND REFUSE" RESOLUTION NO.: 322.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, proposed Local Law No.: _ of 1998 to amend Chapter 96 of the Code of the Town of Queensbury entitled "Garbage, Rubbish and Refuse" to more clearly define regulations for construction and demolition debris landfills located within the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to the ~ 10 of the New York State Municipal Home Rule Law and Article 16 of the New York State Town Law, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on September 21st, 1998 to consider the proposed Local Law No.: _ of 1998, hear all interested persons and take such action as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Merrill, Mr. Champagne NOES Mr. Tucker ABSENT: Mr. Turner RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR DAVID HOWARD WEST MOUNTAIN ROAD, QUEENSBURY RESOLUTION NO.: 323.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER WHEREAS, the Town Board of the Town of Queensbury is authorized pursuant to ~113-12 of the Code of the Town of Queensbury to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, David Howard has filed an application for a "Mobile Home Outside of a Mobile Home Court II Revocable Permit, in accordance with said ~113-12 of the Code of the Town of Queensbury, to locate a motor home on property situated on West Mountain Road, Queensbury, and WHEREAS, the Town Board of the Town of Queensbury determines it appropriate to hold a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on September 21st, 1998 at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the application by David Howard for a "Mobile Home Outside of a Mobile Home Court II Revocable Permit on property situated on West Mountain Road, Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish and provide notice of the public hearing in the official newspaper of the Town of Queensbury, to post a copy of the Notice on the bulletin board of the Office of the Town Clerk and to mail a copy of the Notice to the Town Planning Board Chairman, at least ten (10) days prior to the hearing. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR REGINA HIMES 31 MINNESOTA AVENUE, QUEENSBURY RESOLUTION NO.: 324.98 INTRODUCED BY: MR. PLINEY TUCER WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, the Town Board of the Town of Queensbury is authorized pursuant to ~113-12 of the Code of the Town of Queensbury to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Regina Himes has filed an application for a "Mobile Home Outside of a Mobile Home Court II Revocable Permit, in accordance with said ~113-12 of the Code of the Town of Queensbury, to locate a mobile home at property situated at 31 Minnesota Avenue, Queensbury, and WHEREAS, the Town Board of the Town of Queensbury determines it appropriate to hold a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on September 21st, 1998 at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the application by Regina Himes for a "Mobile Home Outside of a Mobile Home Court II Revocable Permit on property situated on 31 Minnesota Avenue, Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish and provide notice of the public hearing in the official newspaper of the Town of Queensbury, to post a copy of the Notice on the bulletin board of the Office of the Town Clerk and to mail a copy of the Notice to the Town Planning Board Chairman, at least ten (10) days prior to the hearing. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT WITH THE CITY OF GLENS FALLS FOR ELECTRICAL TRAFFIC LIGHT MAINTENANCE AND REPAIR IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 325.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, by Town Board Resolution No. 149.97, the Town Board of the Town of Queensbury authorized an Intermunicipal Agreement with the City of Glens Falls for electrical traffic light maintenance and repair in the Town of Queensbury, and WHEREAS, the Town Board has been pleased with the services provided to the Town under the Intermunicipal Agreement, and WHEREAS, the City of Glens Falls has forwarded a revised Intermunicipal Agreement to the Town of Queensbury and has requested that the Town Board authorize the Town Supervisor to execute the revised Agreement, and WHEREAS, the revised Intermunicipal Agreement is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Intermunicipal Agreement with the City of Glens Falls for electrical traffic light maintenance and repair services for a base annual amount of $7,000 plus an hourly charge of $40 per hour during normal working hours and $60 per hour outside normal working hours and weekends, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor of the Town of Queensbury to execute the Intermunicipal Agreement, and BE IT FURTHER, RESOLVED, that payment for the services provided for by the Intermunicipal Agreement be paid for from the appropriate Town account. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 1998 TO AMEND CHAPTER 179 OF THE QUEENSBURY TOWN CODE ENTITLED, "ZONING," SECTION 179-60, ENTITLED, "SHORELINE AND WETLAND REGULATIONS. II RESOLUTION NO.: 326.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, proposed Local Law No.: _ of 1998 to amend Chapter 179 of the Code of the Town of Queensbury entitled "Zoning, II to amend (179-60 thereof entitled, "Shoreline and wetland regulations II to set the size limitation for "E-shaped" docks and to set the separation distance required between docks located on the same property, and WHEREAS, such legislation is authorized pursuant to the ~ 10 of the New York State Municipal Home Rule Law and Article 16 of the New York State Town Law, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on October 5th, 1998 to consider the proposed Local Law No.: _ of 1998, hear all interested persons and take such action as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION SETTING HEARING CONCERNING THE UNSAFE PROPERTY OF DARRELL AND PAMELA RUSSELL LOCATED AT 67 OHIO AVENUE, QUEENSBURY - TAX MAP NO. 127-5-3 RESOLUTION NO. 327.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, David Hatin, Town of Queensbury Director of Building and Codes Enforcement, has inspected property owned by Darrell and Pamela Russell located at 67 Ohio Avenue, Queensbury (Tax Map No.: 127 - 5 -3) and Mr. Hatin has found that the structure on the property has sustained extensive fire damage and should be demolished as more specifically set forth in Mr. Hatin's letters dated December 30th, 1997 and June 23rd, 1998, and WHEREAS, Mr. Hatin has advised the Town Board of the Town of Queensbury that in his opinion, the structure on the property is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owners fail to repair or demolish the structure, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law, by Resolution the Town Board may determine whether in its opinion a structure is unsafe and dangerous, and if so, then order that notice be served upon the owner or other certain persons interested in the property that the structure must be repaired or demolished and removed, NOW, THEREFORE, BE IT RESOLVED, that after reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the structure located on property owned by Darrell and Pamela Russell located at 67 Ohio Avenue, Queensbury (Tax Map No.: 127-5-3) appears to be dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a hearing concerning this property on September 21st, 1998 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs David Hatin, Director of Building and Codes Enforcement, to serve a notice setting forth its determinations upon the property owners or their executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION AUTHORIZING TIME WARNER CABLE'S REQUEST FOR RIGHT -OF - WAY ACCESS THROUGH A PORTION OF THE TOWN OF QUEENSBURY RESOLUTION NO.: 328.98 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, Time Warner Cable wishes to connect its microwave transmission point located on Prospect Mountain to its Glens Falls office, and WHEREAS, in order for Time Warner Cable to make its fiber connection between these two locations, it must receive authorization from the Town of Queensbury for right -of-way access through approximately 5.3 miles in the Town following portions of Route 9 (3.5 miles), Sweet Road (.72 miles), Country Club Road (.48 miles), Quaker Road (.04 miles) and Glenwood Avenue (.49 miles) as well as authorization from all appropriate utilities for any required pole attachment licenses and any required New York State Department of Transportation work permits, and WHEREAS, the Town Board of the Town of Queensbury has considered Time Warner Cable's request for right -of-way access through the approximately 5.3 miles in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Time Warner Cable to complete its fiber connection between Prospect Mountain to its Glens Falls Office by obtaining right -of-way access through approximately 5.3 miles in the Town of Queensbury following portions of Route 9 (3.5 miles), Sweet Road (.72 miles), Country Club Road (.48 miles), Quaker Road (.04 miles) and Glenwood Avenue (.49 miles), and BE IT FURTHER, RESOLVED, that the Town Board states that it has no opposition to Time Warner Cable's attachment of cables to utility poles owned or controlled by public electric and/or telephone companies, including Bell Atlantic (formerly known as NYNEX) and Niagara Mohawk Power Corporation located within the Town of Queensbury or any required New York State Department of Transportation work permits. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION REQUESTING GRANT FUNDS FROM THE LAKE GEORGE PARK COMMISSION STORMW A TER PLANNING LOCAL ASSISTANCE PROGRAM RESOLUTION NO.: 329.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER WHEREAS, the Town Board of the Town of Queensbury believes that stormwater planning and management is critical for the health and protection of Lake George, and WHEREAS, the Lake George Park Commission has announced that it will be allocating four (4) $5,000 grants to municipalities for engagement of outside engineering services to design specific controls for priority stormwater problems, and WHEREAS, the Town Board of the Town of Queensbury wishes to apply for the Park Commission's grant funds so that stormwater issues in the area of Assembly Point Road in North Queensbury may be addressed, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby makes application to the Lake George Park Commission for $5,000 in grant funds to be used by the Town of Queensbury to engage engineering services to design specific controls to address the stormwater problems in the area of Assembly Point Road in North Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further authorizes and directs Christopher Round, Executive Director of Community Development, to forward a certified copy of this Resolution to the Lake George Park Commission and take such other action that may be necessary to apply for the $5,000 in grant funds offered by the Lake George Park Commission concerning stormwater management. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION AUTHORIZING PROPOSITIONS TO BE PLACED ON BALLOT REGARDING THE CRANDALL PUBLIC LIBRARY DISTRICT RESOLUTION NO.: 330.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER WHEREAS, the Laws of 1992, Chapter 456 authorized the establishment of the Crandall Public Library District for the City of Glens Falls, in the County of Warren and the Town of Moreau, in the County of Saratoga and the Town of Queensbury, in the County of Warren, and WHEREAS, the aforesaid legislation provides and the Board of Trustees of Crandall Public Library has authorized that the propositions relating to the Crandall Public Library District be placed on the ballot at the General Election to be held on November 3rd, 1998, and WHEREAS, the propositions to be determined are as follows: 1. Whether the annual budget for 1999 as proposed by the Board of Trustees of the Crandall Public Library shall be approved or disapproved; and 2. The election of one trustee from the Town of Queensbury to the Crandall Public Library District Board; and WHEREAS, the Crandall Public Library Board of Trustees has requested that the Town of Queensbury adopt a Resolution authorizing the placement of the propositions concerning the above issues on the ballot of the November 3rd, 1998 General Election for the voters' approval or disapproval, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves and authorizes the following two (2) propositions pertaining to the Crandall Public Library District and requests that they be placed on the ballot in all the voting locations in the Town of Queensbury on the General Election Day, Tuesday, November 3rd, 1998: [1] BUDGET The proposed 1999 budget of the Crandall Public Library District is $1,621,029.25 to be partially funded by the municipalities comprising the District. The share of the proposed budget to be raised by an ad valorem assessment upon the real property within the Town of Queensbury is $476,938.51. Shall the proposed budget be approved? [2] TRUSTEES TO BE ELECTED For a vacancy upon the Board of Trustees of the Crandall Public Library District representing the Town of Queensbury to serve a term of five (5) years. Vote for one: Charles Scudder Charles Little and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to transmit a certified copy of the text of the aforedescribed proposition to the Board of Elections or other appropriate officials to be submitted in the order and form set forth herein. Duly adopted this 3rd day of September, 1998, by the following vote: AYES :Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES : None ABSENT: Mr. Turner RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR THE RE-ROOFING OF TOWN HIGHWAY DEPARTMENT OFFICE RESOLUTION NO.: 331.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, the Town of Queensbury Highway Department Office needs its roof replaced, and WHEREAS, Chuck Rice, Facilities Manager, has recommended to the Town Board that a firestone or equivalent, fully-adhered roofing system be placed over the existing metal asphalt roof, and WHEREAS, the Town Board of the Town of Queensbury wishes to advertise for bids for the re- roofing project, and WHEREAS, a proposed bid package has been prepared by Mr. Rice and presented at this meeting, and WHEREAS, ~103 of the General Municipal Law requires that the Town advertise for bids and award the proposed contract to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the bid documents presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish an advertisement for bids for the re-roofing of the Town Highway Department Office in the official newspaper for the Town of Queensbury and make bid documents available on September 11th, 1998, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs Darleen Dougher, Queensbury Town Clerk, to open all bids received at the Town Clerk's Office at 2:05 p.rn., September 28th, 1998, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION AUTHORIZING INSTALLATION AND OPERATION OF NEW TRAFFIC SIGNAL AT THE INTERSECTION OF BAY ROAD AND GLENWOOD AVENUE RESOLUTION NO.: 332.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER WHEREAS, Stilsing Electric has installed a new traffic signal at the intersection of Bay Road and Glenwood Avenue in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury wishes to authorize the installation and operation of the signal and set the date and time that the signal will go into operation, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the installation and operation of the traffic signal at the intersection of Bay Road and Glenwood Avenue, such signal to go into operation on September 4th, 1998 at 7:00 a.m., and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs Chuck Rice, Facilities Manager for the Town of Queensbury, to take all action necessary to begin operation of the light, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Mr. Rice to notify Stilsing Electric, the Warren County Sheriffs Department and Warren County Board of Supervisors of the date and time that this traffic signal will go into operation. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY THE TOWN OF QUEENSBURY FROM LI-IA (LIGHT INDUSTRIAL - ONE ACRE) TO WR-3A (WATERFRONT RESIDENTIAL - THREE ACRE) RESOLUTIONNO.: 333.98 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED ITS ADOPTION SECONDED BY : MR. DOUGLAS IRISH WHEREAS, the Town Board of the Town of Queensbury is considering a request for an amendment to the Town of Queensbury Zoning Ordinance and Map by the Town of Queensbury to rezone property bearing Tax Map No.: 137-2-10 located between the Hudson River and Native Textiles from its current zoning of 1/3 as LI-IA (Light Industrial- One Acre) and 2/3 as WR-3A (Waterfront Residential- Three Acre) to entirely WR - 3 A, and WHEREAS, on or about June 15th, 1998, the Town Board of the Town of Queensbury adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about June 23rd, 1998, the Queensbury Planning Board adopted a Resolution recommending approval of the Petition for Change of Zone, and WHEREAS, on or about September 9th, 1998, the Warren County Planning Board will consider adoption of a Resolution recommending approval of the Petition for Change of Zone, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on Monday, September 21st, 1998 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be given an opportunity to be heard concerning the proposed amendment to the Town of Queensbury Zoning Ordinance and Map whereby property bearing Tax Map No.: 137-2-10 located between the Hudson River and Native Textiles would be rezoned from its current zoning of 1/3 as LI-IA (Light Industrial- One Acre) and 2/3 as WR-3A (Waterfront Residential- Three Acre) to entirely WR - 3 A, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to provide 10 days notice of the public hearing by publishing the Notice of Public Hearing presented at this meeting in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send a copy of the Notice of Public Hearing to all property owners located within 500' of the area to be rezoned, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to pursuant to ~265 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that this proposed action is subject to SEQRA review and the Board desires to be lead agency for SEQRA review purposes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Community Development Department to forward copies of the Rezoning Application, Environmental Assessment Form and Notice of Public Hearing to any agencies that may be involved for SEQRA purposes. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION CREATING POSITION OF DATA COLLECTOR! APPRAISER RESOLUTION NO. 334.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, by Town Board Resolution No. 297.98, the Town Board of the Town of Queensbury appointed Sharron Meade as Data Collector/Appraiser in the Town Assessor's Office, and WHEREAS, the Town Board wishes to formally create the position of Data Collector/Appraiser as required by the Warren County Department of Personnel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes the position of Data Collector/Appraiser as required by the Warren County Personnel Office, and BE IT FURTHER, RESOLVED, that the Town Board establishes the Data Collector/Appraiser position as a Grade Level 6 position on the Town of Queensbury's previously established Wage and Salary Structure, said position to be a "non-exempt" position and therefore subject to overtime wages, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor's Office to complete the necessary forms required by Civil Service concerning the creation of the Data Collector/Appraiser position and to complete any forms necessary to place the Data Collector/Appraiser position on the Town of Queensbury's Wage and Salary Structure. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON PROPOSED CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO. 335.98 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, the Town Board of the Town of Queensbury wishes to adopt the proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 1999, a copy of which has been presented at this meeting, and WHEREAS, the Town Board must conduct a public hearing prior to adoption of the proposed 1999 Benefit Tax Roll, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on September 21st, 1998 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all parties in interest and citizens shall have an opportunity to be heard concerning the proposed 1999 Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper for the Town not less than ten (10) days prior to the hearing date. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION APPOINTING CHRISTOPHER ROUND AS ZONING ADMINISTRATOR AND EXECUTIVE DIRECTOR OF PLANNING, ZONING AND CODE ENFORCEMENT ON A PERMANENT BASIS RESOLUTION NO. 336.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, by Resolution No.: 96.98, the Town Board of the Town of Queensbury appointed Christopher Round as Zoning Administrator and Executive Director of Planning, Zoning and Code Enforcement subject to a six month probation period, and WHEREAS, Henry Hess, Town Controller, has advised the Town Board that Mr. Round's six month probation period has ended and has recommended that the Town Board appoint Mr. Round on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Christopher Round to the position of Zoning Administrator and Executive Director of Planning, Zoning and Code Enforcement on a permanent basis at his current rate of pay, and BE IT FURTHER, RESOLVED, that the Town Supervisor and/or Town Controller's Office are hereby authorized and directed to complete any forms necessary to effectuate this Resolution. Duly adopted this 3rd day of September, 1998 by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES None ABSENT: Mr. Turner 7.0 PLANNED DISCUSSIONS 7.1 OLD BUSINESS NONE 7.2 NEW BUSINESS COUNCILMAN TUCKER-Spoke to the board regarding the release of bidder list to Duke Concrete in Warren County. SUPERVISOR CHAMPAGNE-Noted that he had spoken with Mr. Robillard and he does not release bidder lists. . . COUNCILMAN TUCKER-Questioned the raising offees at the trash plant from 55 to 69 a ton? SUPERVISOR CHAMPAGNE-Reviewed the contract regarding trash plant fees... DISCUSSION HELD REGARDING POSSIBLE PURCHASE OF CHAMPION LAND IN THE ADIRONDACK PARK... MR. PETER LITCHFIELD PRESIDENT OF THE NEW YORK BLUE LINE COUNSEL AND MS. BAILEY WHO IS REPRESENTING THE BLUE LINE COUNSEL ON THIS ISSUE- Gave a presentation to the Board encouraging the Board to support the purchase of the Champion Land by the State of New York. Our mission is to examine public policy relating to land use issues in the Adirondack. Ms. Bailey noted that a sample resolution had been sent to the town, it is only a sample. . . MR. PETER BAUER OF THE RESIDENTS COMMITTEE TO PROTECT THE ADIRONDACKS-Gave a handout to the Board Members (on file) outlining their objection to the purchase of the Champion Land by New York State.. . Our charter is to protect the natural resources in the rural community. COUNCILMAN IRISH-My personal opinion is that the State owns enough property in the Adirondack Park and I am not going to sit by and watch them buy one more acre of it. COUNCILMAN MERRILL-I think the issue here is a conservation easement which from my read on it would actually protect the timber industry and make it more attractive for logging purposes. MR. JOHN SALVADOR-This has to do with the bottom line, discussed the International Paper sale, clear cutting the land and then selling it. . . MR. DOUG AUER-Questioned that jobs are being created in the Adirondacks..noted it was absurb...we do not need to take one more acre out of production. . . MR. KEITH HARRIS-Spoke against the sale of the land to the State. . noted that he sells to forty local mills and twelve Canadian mills .... Without the wood it will not happen. . . suggested a study be done of the area... MR. SALVADOR-discussed the Morgan property purchase. . . in house appraisal was million dollars the State paid 2.5 million... COUNCILMAN MERRILL-I question why we in Queensbury should be taking a position that concerns the affairs of St. Lawrence County. COUNCILMAN IRISH-Part of our property in Queensbury is in the Adirondack park. COUNCILMAN MERRILL-I live in the Park but I do not want St. Lawrence County telling me what to do. I just raise the question of why we are concerned about St. Lawrence County. SUPERVISOR CHAMPAGNE-I see this as a State issue..as long as Queensbury and Fred Champagne is part of the State we ought to take action. COUNCILMAN MERRILL-I question whether it is proper for the Town to support any lobbying group? COUNCILMAN IRISH-I think we are supporting a principal that the State doesn't have the right to purchase private lands and take them out of a productive roll in the State. COUNCILMAN MERRILL-There is a lot I do not understand, we are talking about conservation easements and from what I hear that could actually enhance the logging industry, I do not know. RESOLUTION OPPOSING PURCHASE OF LAND BY NEW YORK STATE REFERRED TO AS THE CHAMPION PROPERTY RESOLUTION NO. 337.98 INTRODUCED BY: MR. FRED CHAMPAGNE WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH The Queensbury Town Board opposes the purchase by the State of New York of the Champion property. Duly adopted this 3rd. day of September, 1998 by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Champagne NOES: Mr. Merrill ABSENT: Mr. Turner 8.0 TOWN BOARD WORKSHOP CONTROLLER HESS-FIRST ISSUE-Need to look into the Fire and EMS contracts in a more detailed basis, have a proposal from the Town's CPA firm to do a risk assessment and overview to see if there is a need for an audit. Total cost $6400. Need a $1,600 transfer for this... Scope of Work: Discuss the procedures for budget preparation, and budget transfers, vehicle fund accounting, service award data collection, segregation of allowable expenditures etc. with the company accounting staff., review their audit and financial statements, review their adjusted trail balances, and description of any questionable entries, look at the 1998 budget and any transfers they have had between accounts in the budget for the past year, review their most recent internal revenue service letter to ensure that they are maintaining their tax exemption status, obtain the most current IRS form 90 filing and audit it for consistency, review the accounting for the vehicle insure that the interest on the fund is credited to the fund and that acquisition of fifty thousand dollars or more are approved by the town board and that all asset sales have been properly bid, review the expenses charged to the contract specifically identifying an allowable cost, review the system of service award data collection. Would like a uniform accounting reporting for the Squads... Discussion held-Board agreed to have all companies done and have a transfer done in the future... SECOND ISSUE-Report on computer issues: We have done an assessment of the town 1. Outdated accounting system that is not 2000 compatible 2. Net work software needs to be updated 3. Need to upgrade the speed and reliability problems (hardware issues) can build this into next years budget but the problem will be timing.. . need to get some of the work done now, would like accounting system in place by the end of this year to get payroll on, we can save $7,000 in maintenance of the Data General System when the new system is in place.. .Mr. Shaw passed out report.. . asking for approval to start work in 1998 and we will need contingency money between twenty and twenty five thousand dollars to do the work this year, rather than put it off until next year... the scope of work to be done this year we have to re-wire the building, also need to put in new network server that will triple the speed and become Y2K compliant.. . proposing a 100 megabit system to improved speed. . . Board agreed to do the work... DISCUSSION: MOREAU WATER CONTACT CONTROLLER HESS-We have two things on the table, one is a proposal that they have re-initiated to the Board that needs to be talked about and some action on it, whether you are going to do it tonight or some other time and the other issue is the Board had given me directions to come up, me and Ralph, actually to come up with a clean sheet pricing policy, which we did and we have not had a chance to discuss that structure and how you want to deal with it, if you want to deal with it at all now. So, there are two Moreau water issues and I do not know if you want to talk about them tonight, or. SUPERVISOR CHAMPAGNE-I think we need to at least get some idea as to where we want to go with this thing, that is the time it needs to be discussed. We did talk about when you said, I do not know what expression you used, but, we talk about buying water by a quantity without buying in, right? CONTROLLER HESS-A couple of ways we put it together the one that I sent to you included a buy in there are ways to adapt that if you want to buy in or if you just want to have a price of water, here's the water we sell to you and the structure that I gave you was a had all the costs involved there was capital cost, interest cost, all the cost were included in there but the fact is, what you were arriving at was an ... cost of selling water at different buy in. SUPERVISOR CHAMPAGNE-That was a dollar twenty four or something like that a thousand. CONTROLLER HESS-A dollar twenty four and then it dropped to a couple. SUPERVISOR CHAMP AGNE- To be very honest with you I will speak for Fred Champagne, what came back to us I think is what we need to deal with now, I think the Moreau Board is at a point where they are saying to us this was the proposal that we sent to you this is the proposal that we would like to stick with now, where are you folks, are you willing to do some compromising and negotiations or COUNCILMAN IRISH-Is that that same one we sat with Bob Hafner and went over and sent it back to them and they told us go pound salt? SUPERVISOR CHAMPAGNE-The one that they sent to us was the COUNCILMAN IRISH-We made three or four changes in it and then they told us no way. SUPERVISOR CHAMPAGNE-The changes we made one of which was the three point five five percent on the shelf million gallons for long, down the road, ten years, fifteen, twenty years. I personally can live with what they came back with, I can live with the three fifty five I can live with the five hundred and what is it, thirty thousand dollars that you are coming in with, I can live with that portion of the three ten, I believe it is three ten, three fifteen, that is going to the river crossing, and therefore I would, I would certainly support financing the plant at the three five, five to a level of around eight hundred and some odd thousand dollars. That is where I arn. I do not know where everybody else is and five cent transmission fee. I have got to get my five cent transmission. COUNCILMAN TUCKER-My first condition is I am not going to negotiate with Moreau unless the entire Board is there to negotiate. SUPERVISOR CHAMPAGNE-I agree with that. COUNCILMAN TUCKER-That is a done thing as far as I am concerned. I am not going to deal with anybody but the entire board. SUPERVISOR CHAMPAGNE-I do not have a problem with that I am just saying that before I sit down with the board where are we as our board in terms of going to the table. I fully agree with what you are saying. But, where are we going into this thing. If we are not somewhere you know in tune with where they have been then obviously they are probably not interested in sitting down. COUNCILMAN TUCKER-Did you get the memo from Bob Hafner on Hudson Falls Water? SUPERVISOR CHAMPAGNE-Yes. COUNCILMAN TUCKER-Now, Harry has set here talking to us several times and said he had a deal with Hudson Falls, Glens Falls and themselves to build their own plant, right here nobody has talked to Hudson Falls. SUPERVISOR CHAMPAGNE-Let me just say this that in about two o'clock this after noon I talked with Mike Cronin, Village of Hudson Falls Mayor, Mike Cronin, very deliberately told me that there had been conversation with Harry and I can also say that there has been conversation with the Mayor Regan. I am not using leverage I am not trying to twist any ones arm I am just saying that, that is out there. I guess, I am ready to move forward given those three scenarios that I think are critical to resolving the Moreau contract. COUNCILMAN IRISH-I will vote for the contract that we offered them the last time but I am not interested in the contract that they offered us. COUNCILMAN MERRILL-Now that one included the buy in future buy in percent. SUPERVISOR CHAMPAGNE-You are talking about three fifty five COUNCILMAN IRISH-The one the water committee came up with COUNCILMAN MERRILL-The one that you came up with. COUNCILMAN IRISH-RaIph and Henry and mine and Ted. COUNCILMAN MERRILL-And that included the interest on the future buy in right? COUNCILMAN IRISH-Or they waived that holding, holding that in reserve for them, we gave them that option, I will vote for that but I am not interested in what Harry presented to us. COUNCILMAN TUCKER-Hudson Falls Village Board is going to meet September 14th to discuss the contract that we have proposed and I for one would like to attend that meeting. I would like Dick, you are going to be out of town, and Doug Irish, Henry and Ralph and can your office get permission for us to attend? SUPERVISOR CHAMPAGNE-You do not have to have permission it is an open meeting and you are welcome, I would not ask permission, I would as a courtesy I would call them up and say we are going to be there, is that what you are asking for, we can do that. COUNCILMAN TUCKER-Yea. COUNCILMAN MERRILL-Do you know what time it is? COUNCILMAN TUCKER-I don't but we can find out. COUNCILMAN MERRILL-Is that an evening meeting? COUNCILMAN TUCKER-Yea., I think, I was told seven o'clock over the phone but it did not show up in the memo. We can get verification. SUPERVISOR CHAMPAGNE-Do you want me to have Kim get that information? COUNCILMAN MERRILL-yes.... COUNCILMAN IRISH-I also had Henry do a build out on using the figures Jim Martin had been using when he was here on the background growth rate of two and a half percent and asked him to project forward at what point Queensbury would be using or at capacity with the plant at eleven and a half million gallons, and you know there is some big concern that we are going to sit on fifteen million gallons of water here for ever and ever and ever and the project that he has got we are at peak, you would be at peak within eight years or I am sorry, thirteen years you would be at eleven million four hundred and thirty two thousand big peak usage. That would be an average daily use of four and a half million gallons so I mean I am not real worried that Queensbury is never going to use the capacity we built in that plant if we don't happen to sell water to the Town of Moreau and the Village of Hudson Falls. I am willing to live with that I am not willing to live with giving it away for less than what we are currently charging our own taxpayers for the water so, I think there is something to be said. SUPERVISOR CHAMPAGNE-I guess I can only disagree with that to the extent that if you look at our . .two and a half percent population increase is one statistic that you can apply over on this side of the ledger, it really does not say that everyone of those two and a half percent increase numbers will be using water and that is what has happened. If you look at our increase in water usage over the last five years you sure as hell don't find twelve and a half percent increase in our water usage and that is what I am saying even though our population may increase that has got nothing to do with water users. COUNCILMAN IRISH-I think it has got everything to do with water users or you would not have built a bigger plant. SUPERVISOR CHAMPAGNE-I think if you look at our growth in 1988, 89,90 and not up through the mid nineties that growth certainly is not the projected growth for Queensbury of two and a half percent. Jim Martin used those numbers, but, those are not numbers that are applicable to todays growth. We were building three hundred and twenty five, Pliney you tell him, we were building three hundred and twenty five houses a year, back in the nineties and late eighties now we are building one hundred and twenty. COUNCILMAN TUCKER-What is the present growth? Fred we all know anybody that was around in the late eighties and early nineties that was a real fluke and the kind of building that was going on then. COUNCILMAN IRISH-We are still building a hundred houses a year, right? COUNCILMAN TUCKER-We are the second fastest growing community in the State. COUNCILMAN IRISH-I am just saying that you know, I get the feeling that Harry is trying to scare everybody into thinking we are going to sit on this plant and never make use of it and I do not personally believe that I think that Queensbury in its own time will use the water that we have available and we may even have to build onto it, but I am not going to sacrifice. I am in the water district and I am not paying one penny more for my water than somebody across the river. I am going to look out for the Queensbury taxpayer first, you can take intermunicipal agreements just so far but I got elected by the people in this town not by Moreau or not by Hudson Falls or anybody else. That is where I am coming frorn. MRS. BARBARA BENNETT-You said something about the cost of going across the river, are we sharing? SUPERVISOR CHAMPAGNE-No, they are paying now the cost of the river crossing, full cost. COUNCILMAN IRISH-But we are going pay the upgrades on Big Boom and Big Bay Road. SUPERVISOR CHAMPAGNE-Let me, I put some words together here I do not know if it has any bearing on what your thinking is but, I am sure anybody with any ..degree of concern or interest in this project can pick it apart anyway they choose. But again if you look at the Roman Numeral One under review of revenue from Moreau now looking at that five hundred and thirty thousand dollars as I said earlier for the million gallons then I am taking that million gallons or that five hundred and thirty thousand dollars I am taking three hundred and ten five of that and cross the river, that's the money that is coming in for cash for crossing the river. So, we are spending that on our side. COUNCILMAN IRISH-They were going to come up with another three hundred and ten though, originally. SUPERVISOR CHAMP AGNE- They are going to take their three ten and they are going to do their half they are going to give us five hundred and thirty thousand dollars of which I would take three hundred and ten five and pay for their portion of the river crossing. So, instead of that cash coming in and being directed to the plant I would re-route that to cross our half of the river and then rather than fund, or budget, rather than mortgaging the plant with the half million I would add on to that another three hundred thousand dollars. So, in otherwords instead of paying off the five hundred and thirty thousand dollars against the plant they would actually be paying the five thirty plus the three ten, so we are making it, what eight hundred and forty thousand dollars. That would be financed under the three point five five interest rate. Are you with me? Then as we said earlier the Big Bay the Big Boom pipe line that we were going to put in there at one hundred and forty thousand dollar estimate that, at the time when that was discussed it was my understanding that the board the town board agreed to do that, at their expense to deliver the product at the site where you make the sale. That is what I understood so if you want to leave that in leave it in, if you want to take it out and have that charged against Queensbury either way you want to go. But, right here it shows that it is in there. COUCILMAN IRISH-Whose Board voted? Our board SUPERVISOR CHAMPAGNE-Our Board. I do not know if we voted but there was a consensus. COUNCILMAN IRISH-Right. You confused me when you said COUNCILMAN MERRILL-We agreed. SUPERVISOR CHAMPAGNE-There was a consensus. Then if you turn to the last page here where I say under Roman Numeral Three where Moreau assumes the cost for three hundred thousand gallons per day I estimate that at a savings in the operation. By adding three hundred thousand gallons to a three million plus gallon a day plant your cost reduction would amount to about sixty two thousand dollars a year. COUNCILMAN IRISH-But ours is an eleven million gallon a day plant. SUPERVISOR CHAMP AGNE- That has got nothing to do with it. COUNCILMAN IRISH-You just said add three hundred thousand to three million gallons? SUPERVISOR CHAMPAGNE-Our three million, that we use we are using three million we are adding three hundred to that. It has nothing to do with the capacity of the plant. It is just production cost now. If we take that sixty two million times sixteen years and again and I recognize that Queensbury is ninety percent of the total you know, three million vs three hundred but I am looking over the course of sixteen years you got a savings there of about a million dollars. I am talking savings. Then if you also add the plant debt and Moreau would assume for the one million gallons they pick up the finance charge, the interest rate plus the principal we are looking at about pulling off from what our users are paying today an advelorum tax you are pulling off about eight hundred and forty thousand dollars a year times sixteen year, and that number is not correct, yes, it is, no it isn't take that back, an error was made, that should be what a million six, right? COUNCILMAN IRISH-Why wouldn't they assume the debt on two million gallons if we are holding a million in reserve. SUPERVISOR CHAMPAGNE-Well, that is where that language maybe modified and I think that was mentioned in the discussions that you had at your meeting. If we say to them that you know first refusal is one thing but reserve is something else. COUNCILMAN IRISH-It is the same thing if you are holding it, a right of first refusal is... SUPERVISOR CHAMPAGNE-In my opinion it is a language it is a somatic thing my opinion is if that million gallons is going to sit there whether we sell to them or not COUNCILMAN IRISH-But if somebody came in tomorrow, Glens Falls say they want, we need a million dollars, or a million gallons next week we want to run it through our emergency line right there and we are at or close to capacity we have to go to Moreau and say we have a chance to sell this SUPERVISOR CHAMPAGNE-Now is your time to force your option do you want it now or don't you, if you do pay up if you don't. COUNCILMAN IRISH-I think that was a sticking point they were not willing to say no we do not want you to hold it in reserve for us. SUPERVISOR CHAMP AGNE-Oh no, no, COUNCILMAN IRISH-Harry would not give up that reserve. SUPERVISOR CHAMPAGNE-No, we have a triggering amount, once we reach either eleven or twelve, once we reach eleven million then we say to Moreau ok, now is your chance, do you want in or do you want out? Do you want to buy it or don't you? CONTROLLER HESS-The problem never was are we willing to hold it in reserve the problem is are we willing to hold it in reserve for twenty years and then sell it to them at todays price. SUPERVISOR CHAMPAGNE-Yea. Ok. CONTROLLER HESS-That was the issue, is it really worth, is it really more than a million sixty thousand fifteen or twenty years from now. SUPERVISOR CHAMPAGNE-That is the issue and I think that, that can be certainly negotiated. COUNCILMAN TUCKER-Harry is telling us that it isn't, the plant will be worn out and everything else. SUPERVISOR CHAMPAGNE-I guess what was offered was something to the tune that we were going to pay the interest rate on it and we were going to pay the interest rate on it then they were going to pay our price at one or six plus the interest rate and that is where they got into that three quarters of a million dollars. You know, you are right if we want to sell water than you know, back off from that, if you are not really serious about selling water then you can stick to those numbers because I can tell you right now it is not going to work. COUNCILMAN IRISH-You know I do not know if Queensbury is dying to get into the water selling business, I know we have got a big plant and we can do it if we want to but I do not know if we need to sit here for two years and decide whether or not we want to sell water to somebody. We got issues going on in Town here that really do not take up half the time that this is and this is never going to happen. SUPERVISOR CHAMPAGNE-I am not going to try and convince those of you that feel that there is a dollar value here going into this thing, I am only coming down to a bottom line to tell you that over the course and this was done early on back a year ago, total benefit to Queensbury was well over a million dollars over the next twenty years, that is plant cost savings and I am not just using the buy in prices I am saying as long as we want to continue to produce water at the rate of seventy six or eighty four cents a thousand that is fine if we are ever looking to get water down to a cost of thirty five to forty cents a thousand gallons because of your economy scale and we are looking to work with business and industry that is saying to us your water costs are too expensive to me water is nothing different than electrical. When business looks at your utilities costs water is a part of it and my job is to drive water down to a level that business and industry can afford. We have one of the highest water costs in the State of New York, we really do. COUNCILMAN IRISH-And I will go back to telling you that I have yet to hear one person complain about the price of their water, not one. Not even Mike Brandt the biggest, next to Storytown SUPERVISOR CHAMP AGNE-Oh, Mike Brandt he complained, he had tears that big around. Well anyway that is my pitch, you are going to do with it whatever you choose to do but that is what I certainly will take to the COUNCILMAN MERRILL-Henry how does this relate to Moreau's latest offer back to us? CONTROLLER HESS-Their latest offer back was no different than the one they gave us the last time. COUNCILMAN MERRILL-Was this consistent with what they are offering? CONTROLLER HESS-I have not seen this. That is one I have not had my hands on. COUNCILMAN MERRILL-Oh you have not seen this ok...I just do not have all the numbers here and I was wondering how that related to theirs. . . SUPERVISOR CHAMPAGNE-It is consistent with the five thirty buy in it is consistent with the three point five five my argument is that I am taking that buy in and applying it to the river crossing in order to avoid the four point two five interest. COUNCILMAN IRISH-Isn't that that same thing that the original contract wanted to do? SUPERVISOR CHAMPAGNE-No. The original contact wanted to COUNCILMAN IRISH-We were going to take a portion of the buy in and we were going to put it back into paying for half the river crossing. SUPERVISOR CHAMPAGNE-Well, I do not know when you say original go back to the original we were going to apply that full buy in to the plant and then we were going take the money from the reserve from our fund balance out of the water plant, that was my plan anyway, take the money out of the fund balance in the water plant and then charge them the four point two five interest on it. COUNCILMAN MERRILL-Can we apply monies for the cash buy in can we apply it to the river crossing? SUPERVISOR CHAMPAGNE-Yes. CONTROLLER HESS-And technically what I think what they are proposing to do is to pay for, is to give us the full shot, what is it, pay for the full river crossing instead of borrow it from us but we would then lend them eighty percent of the plant buyin. SUPERVISOR CHAMPAGNE-We are just shifting that four point five to three point five five against the plant. COUNCILMAN IRISH-Now they do not want to do that either, right? CONTROLLER HESS-They are willing to do that if we do it at three point five five percent on eighty percent so we are financing eight hundred and some thousand dollars of their million dollar buy in that really what it is. That is not a problem, I do not see that as COUNCIMAN TUCKER-It is a problem because we can get more money for our money just putting it in the bank. CONTROLLER HESS-Of the various issues here COUNCILMAN TUCKER-Can we not? CONTROLLER HESS-Well COUNCILMAN IRISH-Yea, but if it is their money I do not know if that is a big deal. If we are not willing to our bank and taking our money out and we are just taking their money and giving it back to them and then charging them interest I do not know that, that is a problem. CONTROLLER HESS-I do not see a problem with that, this thing get convoluted because we have taken the various parts of different proposals and sort of merged them into this thing and we are trying to pick and choose. The real nuts and bolts of this there is a buy in and theoretically and in actuality the buy in there is nothing wrong with that deal and when the board elects to lend them half the price or any percent of the price as long as they pay the interest rate that really not a problem. I do not have a problem with that and the taxpayer will be made whole on that. Now, where the taxpayer might get lost a little bit is they paid a carrying cost for the past couple of years that they are not recovering but that is money burned, that is an investment they made in order to get through this. So, the board sort of made the consensus on the way that we are willing to look at that but lest carry our costs in the future. What happened is and Harry made a big point saying well we keep changing the deal when he came along first he wanted to borrow fifty percent of his buy in, now he wants to buy eighty. So, I said if you want to buy eighty why don't you then ok, then it is only fair that you take that same three point five five and pay for what you are keeping on the shelve for you and that really became the sticking point and that is something I introduced the committee adopted and that was introduced as a trading point for his eighty percent buy in as opposed to a fifty. COUNCILMAN IRISH-So, if we only financed fifty percent of his buy in you would not have any problem with not charging a carrying cost? CONTROLLER HESS-No, I really I think it should be charged anyway. I guess the bottom line is this, let me summarize, capital buy in of what he is going to use the million gallons I do not have a problem with that. What you keep on the shelf whether its, no matter what ratio of what he buys, I think you are entitled to have an inflated, to sell that at an inflated amount either right of first refusal is what is says, and that means when someone else comes along and wants to buy it at whatever price COUNCILMAN IRISH-At current costs. CONTROLLER HESS-that he gets to buy it at that price. COUNCILMAN IRISH-So, if they waive that reserve part of the contract CONTROLLER HESS-And takes a real right of first refusal that is an arms length transaction and I do not think there is a problem. On the other side of the coin, where we COUNCILMAN MERRILL-Did Harry have a problem with that or? CONTROLLER HESS-Yea, he does, he wants us to keep it on the shelf. SUPERVISOR CHAMPAGNE-We are having a hard time coming up with a, what are you going to set as a pnce come COUNCILMAN IRISH-Current market price. CONTROLLER HESS-Why should he think we should guarantee him a price? .. SUPERVISOR CHAMPAGNE-I do not think that we should, but I amjust saying. CONTROLLER HESS-But he does... SUPERVISOR CHAMPAGNE-No, not at this point, I guess I need to know, what do you apply what kind of a formula do you apply for that, tell us COUNCILMAN IRISH-But I think you would have to go back and figure out your O&M your over head is again and figure out want it costs CONTROLLER HESS-We actually set up a formula on it and there were several ways oflooking at it, one was, three five five either on an annual basis which he said no to the other way is to add the three five five to his purchasing price and at such time as he buys it, it kicks in and if he never buys it, it never kicks in. SUPERVISOR CHAMPAGNE-That is the killer deal right there. CONTROLLER HESS-It is. Or, use that number or the market value at that time. COUNCILMAN IRISH-They would not go for that either. SUPERVISOR CHAMPAGNE-Or the market value and that is what we are trying to CONTROLLER HESS-But, you cannot tell them... COUNCILMAN IRISH-You offered them that and they will not go for it. CONTROLLER HESS-No, ... SUPERVISOR CHAMPAGNE-What is that the market value? COUNCILMAN IRISH-You offered them the deal that you just said was a killer deal and they would not go for it. SUPERVISOR CHAMPAGNE-That was the three five five. COUNCILMAN IRISH-That they do not pay for until they buy the water. CONTROLLER HESS-If you buy it this year it cost a million sixty if you buy it next year it cost you a million one buy it next year it costs you a million one five, he said no he does not want the price to go up. But it is costing Queensbury Taxpayers to carry it, so that is the second half of the capital buy in and the third half has to do with the investment we are making in transmission and other costs to ship him water at a price that Queensbury has never enjoyed. There would be a pay back, we would invest the money in putting in infrastructure and some transmission that they are not going to fully pay for and at some point down the road if they buy enough gallons we will break even, we will eventually get Queensbury price of water could theoretically come down but it is going to be delayed because we have to recover what we what we are putting into putting Moreau in the water business. I think that is the other point that the board is stuck at, I pointed out the fact that during that period of time during that payback period Moreau is going to be buying water for less than Queensbury will be paying for water , Queensbury users and at no time during the contract whether it lasts for twenty years or forty years will that situation ever reverse. Queensbury will never be able to pay less for water than Moreau ever uses because that is the way the formula is set up. I am not arguing that you should not do this I am saying if you do it you have to realize that, that is the situation. SUPERVISOR CHAMPAGNE-Yes I am fully aware of that I am fully aware of the fact that yea, it is going to cost me one hundred and thirty or forty thousand dollars in order to get water to the river bank but I am also you know, when I weigh the savings back to and for some reason I guess my head only thinks that way and maybe there is something wrong with my head, but when I see you know that, I am looking here at well over a million dollars over the sixteen years in savings to the Town that sure makes up a hell of a big difference then the thousand or the hundred and forty thousand that I spend on getting my product to the buyer. CONTROLLER HESS-Please do not take this facetiously but I bet somebody said that when they decided to charge us sixty nine dollars for a ton of trash and forty two dollars to Rutland. SUPERVISOR CHAMPAGNE-Probably did, that is what keeps the power flowing out of that CONTROLLER HESS-That is the same logic that created a situation that we cannot get out of at the County level and I think that same potential exists here. If we start selling water at less, at a loss on ever gallon with the hope to make it up on volume there is no guarantee that you will ever will make it up in volume unless the volume is guaranteed, there is no guaranteed buy in, in this contract. SUPERVISOR CHAMPAGNE-Well, I support selling water to Moreau and I see it in those terms you can take a look at it and do whatever you chose to do. I need to get back to Harry tomorrow with something. Either that we all sit down together or we just say that the deal that we struck originally COUNCILMAN IRISH-When are you leaving? SUPERVISOR CHAMPAGNE-I am leaving Tuesday be back the twenty third, twenty fourth I do not know yet. MRS. BENNETT-I have asked you before to look out for the Queensbury Citizens which you never have they have been jerked around and jerked around and the only one that ever benefits was the big commercial users. We have been charged more, we have been billed more the City sold it for less it cost me to go on Queensbury water which was not as good at the time as Glens Falls Water was.. . you cannot be charging us more than them when you consistently raise our rates. I have consistently complained about Queensbury rates and Queensbury water. . . SUPERVISOR CHAMPAGNE-This should drive the rates down, Barbara. Once we make our connection hopefully to Hudson Falls and to Moreau if we do ever, it certainly should drive the rates down. MS. BENNETT -Twenty years from now I will not be here anyway. SUPERVISOR CHAMPAGNE-I won't either. MS. BENNETT -So, I do not care what profits you have twenty years from now. COUNCILMAN IRISH-I am not even concerned with profit, Barb, I want to make sure that I am not paying any more for my water than somebody sitting over on Williams Street in Moreau that is all. The way that both towns got together and originally went at it there has never been any profit built into it. Queensbury was going to enjoy some I do not know if you wanted to call it profit but there was some money there ... you know we would enjoy that. I would like to sell it to them for five bucks more than what I am paying for it per thousand but I do not think that is going to happen. Maybe you want to set up something with Harry for when you get back the two boards, I do not think that you can give us this and expect us to do anything SUPERVISOR CHAMPAGNE-No, I am not asking. COUNCILMAN MERRILL-I have got to grind through the numbers. COUNCILMAN IRISH-Like Pliney said I would like their entire board here. COUNCILMAN TUCKER-That is the only way I am going to meet with them you guys can do what you want to, I want them all here. COUNCILMAN IRISH-I think is should be here in Queensbury. COUNCILMAN TUCKER-I read some of the comments they made in the paper the broad over there and she hasn't been to a meeting in eight months. Let her come and we can talk. SUPERVISOR CHAMPAGNE-We are through with Moreau water. DISCUSSION REGARDING TRASH PLANT COUNCILMAN TUCKER-My personal feeling is I think we as a Town Board should take a stand and notify the County by resolution that we intend to pay $55.00 per ton at the burn plant no matter what and if they cannot accept it we will take our garbage somewhere else. COUNCILMAN IRISH-I do not intend to pay them anymore. MR. SALVADOR-Noted he had a current law suit we are suing on constitutional grounds that we are paying the debt service of a public corporation. 9.0 ATTORNEY MATTERS TOWN COUNSEL SCHACHNER-Requested an executive session on two matters oflitigation. 10.0 OPEN FORUM MR. DOUGLAS AUER-Thanked the Board for taking action on the Hudson River Park. Noted the hiring of Jim Miller was not brought before the Recreation Commission, we were not aware of the decision to bring Jim Miller in as essentially the clerk of the works that may not be the right term but essentially he is acting in that capacity, I for one made the statement that I was not in favor of having him come in and oversee that for fifteen hundred dollars or more. . . MR. WHITE-DIRECTOR OF THE LAKE GEORGE PARK COMMISSION STAFF-Reported to the Town Board on the Park Commission meeting last month.. . Reported on marine patrol on Lake George, increase of the number of boats on the lake, rescue of sinking boats, variances regs. changes to have an upcoming meeting with the Qsby. Board..., milfoil report, adopted stormwater management regulations, discussed grants to local governments, noted we are available to the town government at any time. . . WARREN COUNTY SUPERVISOR DENNIS BROWER-Discussed the trash disposal fee.. . noted he valued the input of the local governments. . . Discussed the non release of bidder lists, noted that he does respect Mr. Robillard very much and his feeling is that, that county's best interest in getting the lowest possible price is to follow the procedures that he has set in place, I believe that you have a non-collusion statement and that should be adequate. . . COUNCILMAN TUCKER-I think the information should be given to who ever whats it. MR. JOHN SALVADOR-Noted that Mr. White had stated that the revised stormwater management regulation changes were substantial in the notice of adoption said non-substantial revisions... SUPERVISOR CHAMPAGNE-Noted that Mr. Salvador should address those questions to the lake George Park Commission MR. SALVADOR-Noted that the Town has nine months to adopt these regulations or come up with your own more restrictive regulations. . . need an indepth analysis of impact of these regulations. . . we need an Environmental Impact Statement.. . Discussed Forests as not natural resources, they are a renewal resource, a natural resource cannot be restored by man. . . MRS. JOHN SALVADOR-Questioned if Hudson Park was open? COUNCILMAN IRISH-Not officially, people are using it... MRS. SALVADOR-Regarding Town Roads and Mr. Naylor not paving roads unless they have three residences on them, does this mean Dunhams Bay Road is not going to be paved? COUNCILMAN MERRILL-It is paved now and he has agreed to re-pave it. These are issues to talk to the Highway Supt. about. MRS. SALVADOR-Regarding the Library tax... what is the total budget? TOWN COUNSEL SCHACHNER-One million six hundred twenty one thousand twenty nine dollars and twenty five cents. MR. GILBERT BOEHM-Question regarding stormwater regulations, question how the town will approach it? TOWN COUNSEL SCHACHNER-Reviewed the questions, noting that the Lake George Park Commission is the Lead Agency for SEQRA review. . . COUNCILMAN MERRILL-Noted there is a ad hoc committee preparing a best practices manual, we are tying to draw up a user friendly set of regulations that should be simple and should meet the requirements of this and should be manageable and enforceable through our own code office. MR. BOEHM-It has been our belief that most of the run off problems stormwater is due to issues related to the roads and how the roads have been treated...in the Lake George Park Commission documents the major emphasis is on residences and development the focus has changed... COUNCILMAN IRISH-TaIked to Mr. Rick Missita in my ward they just paved Aviation Road and he did indicate that he is going to leave, I believe he said five feet on each side, it is not going to be designated as a bike lane but there will be a five foot shoulder all the way to the Northway. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 338.98 INTRODUCED BY: MR. DOUGLAS IRISH who moved for its adoption SECONDED BY: Mr. RICHARD MERRILL RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss three matters of litigation, CSEA negotiations. Duly adopted this 3rd day of September, 1998 by the following vote: AYES: Mr. Merrill, Mr, Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: Mr. Turner RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 339.98 INTRODUCED BY: MR. RICHARD MERRILL who moved for its adoption SECONDED BY: MR. DOUGLAS IRISH RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its executive Session. Duly adopted this 3rd day of September, 1998 by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None ABSENT: Mr. Turner RESOLUTION REFUSING TO RAISE TIPPING FEES FOR TRASH DISPOSAL AT THE TRASH TO ENERGY PLANT RESOLUTION NO.: 340.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, Warren County is considering an increase in tipping fees from $55 per ton to $69 per ton for trash disposal at the Trash to Energy Plant, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby refuses to pay an amount of more than $55 per ton for tipping fees for trash disposal at the Trash to Energy Plant. Duly adopted this 3rd day of September, 1998, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Tucker NOES Mr. Champagne ABSENT: Mr. Turner RESOLUTION ADJOURNING MEETING RESOLUTION NO. 341.98 INTRODUCED BY: MR. FRED CHAMPAGNE who moved for its adoption SECONDED BY: MR. RICHARD MERRILL RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Session. Duly adopted this 3rd day of September, 1998 by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES: None ABSENT: Mr. Turner Respectfully submitted, Miss Darleen M. Dougher Town Clerk Queensbury