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1994-06-27 SPECIAL TOWN BOARD MEETING JUNE 27,1994 4:04 P.M. MTG#33 RES#320-332 BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Carol Pulver (entered meeting 4:40 p.m.) Councilman Nick Caimano (entered meeting 4:10 p.m.) Councilman George Wiswall Councilman Betty Monahan TOWN OFFICIALS E.1. Christensen, Harry Hansen, Peter Brault PRESS Post Star Supervisor Champagne called meeting to order. RESOLUTIONS RESOLUTION AUTHORIZING PURCHASE OF SAFETY SIGNS RESOLUTION NO. 320, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury has been advised of the existence of a stop sign with lights that could be used by the crossing guards employed by the Town, and WHEREAS, the Town Board of the Town of Queensbury feels that the devices are worthwhile and wishes to arrange for the purchase of the same, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of the flashing stop signs and hereby further authorizes the Town Supervisor to take all such steps and execute all documents that may be necessary to undertake and pay for the signs, and BE IT FURTHER RESOLVED, that the signs shall be paid for from Account No. 1-3120-2001. Duly adopted this 27th day of June, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT:Mr. Caimano, Mrs. Pulver RESOLUTION AUTHORIZING HIRING OF LABORER FOR BUILDING & GROUNDS RESOLUTION NO. 321, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Dr. George Wiswall WHEREAS, the Superintendent of Building & Grounds has advised the Town Board that he is in need of a further laborer, on a temporary basis, in the Building & Grounds Department, and WHEREAS, the Town Board of the Town of Queensbury has reviewed the work force presently available in the Building & Grounds Department and feels that an additional laborer, on a temporary basis, would be appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Building & Grounds Department to hire one additional laborer, on a temporary basis, to be paid for at the rates previously agreed to and established by the Town Board of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the compensation for the position shall be paid for from the appropriate accounts of the Building & Grounds Department. Duly adopted this 27th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:Mr. Caimano, Mrs. Pulver RESOLUTION AUTHORIZING AMENDMENT TO MALCOLM PIRNIE ENGINEERS CONTRACT RESOLUTION NO. 322, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Dr. George Wiswall WHEREAS, the Town Board of the Town of Queensbury previously entered into an agreement with Malcolm Pirnie Engineers for certain engineering services in connection with the Landfill closure project, and WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for extra services by Malcolm Pirnie that were not originally contemplated by the Agreement but related to the work currently being performed by Malcolm Pirnie, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves an amendment to the Contract with Malcolm Pirnie, such that Malcolm Pirnie shall perform all work necessary to arrange for the providing of bid documents, taking telephone inquiries concerning the same and all other matters relating to the distribution and handling of the bid documents that was not previously provided for in the original Contract, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to enter into such Agreements and execute such documents as may be necessary to accomplish the purposes of this resolution, and BE IT FURTHER RESOLVED, that the cost of the services provided for in this resolution shall be provided at the hourly rate set forth in the previous Agreement, and the costs incurred in connection with this supplemental agreement shall be paid for from the same account used to pay for services rendered under the prior Agreement. Duly adopted this 27th day of June, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT:Mrs. Pulver ABSTAIN:Mr. Caimano RESOLUTION AUTHORIZING ADVERTISEMENT OF NOTICE TO BIDDERS REGARDING LANDFILL CLOSURE CONSTRUCTION PROJECT RESOLUTION NO.: 323,94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Dr. George Wiswall WHEREAS, by a previous resolution, the Town Board of the Town of Queensbury authorized the retention of the services of Malcolm Pirnie for the purpose of assisting in the closure of the Town of Queensbury Landfill and also preparing bid documents, and WHEREAS, Malcolm Pirnie has prepared the bid documents, and WHEREAS, the Town Board of the Town of Queensbury would like to advertise and make the bidding specifications available as of June 28, 1994, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges the preparation of the bidding documents for the closure of the Town of Queensbury Landfill, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the advertisement of a Notice to Bidders that the Town of Queensbury will accept sealed bids for the Landfill closure construction project in accordance with the bid specifications prepared by Malcolm Pirnie. Duly adopted this 27th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:Mrs. Pulver RESOLUTION AUTHORIZING APPLICATION FOR A REFUND FROM CRUDE OIL OVERCHARGE FUNDS RESOLUTION NO. 324, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury has been advised that it appears eligible for a refund from crude oil overcharge funds now held by the Department of Energy, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to file a Sub-part V Crude Oil Refund Application and to execute the same on behalf of the Town of Queensbury. Duly adopted this 27th day of June, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT:Mrs. Pulver RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY RESOLUTION NO.: 325,94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Dr. George Wiswall WHEREAS, Bay Fireworks, Inc., on behalf of Entertronics, Inc. - WCKM Radio Station, has requested permission to conduct a fireworks display as follows: SPONSOR: WCKM FM! AM Radio Station PLACE: West Mountain Ski Center DATE: July 3, 1994 TIME: 9:30 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk, in accordance with the Penal Law of the State of New York, Section 405, is hereby authorized to issue a permit subject to the following conditions: A. An application for permit be filed which sets forth: 1. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. 2. The date and time of day at which the display is to be held. 3. The exact location planned for the display. 4. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. 5. The number and kind of fireworks to be discharged. 6. The manner and place of storage of such fireworks prior to the display. 7. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. B. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; C. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of West Glens Falls Volunteer Fire Co., Inc., D. Cleanup of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to the Penal Law of the State of New York, Section 405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. , and BE IT FURTHER RESOLVED, that Resolution No. 294, 94 is hereby rescinded. Duly adopted this 27th day of June, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: Mr. Caimano ABSENT:Mrs. Pulver RESOLUTION APPROVING MODIFIED AGREEMENT WITH THE FIRST NATIONAL BANK OF GLENS FALLS RESOLUTION NO.: 326,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 301 of 1994, authorized an Agreement with the First National Bank of Glens Falls to perform various banking services, and WHEREAS, since the time of the adoption of the aforesaid Resolution, the Agreement has been modified to delete an Addendum that was added and add a new paragraph, and WHEREAS, the Agreement, as amended, is satisfactory to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves an Agreement with the First National Bank of Glens Falls to provide banking services as outlined in their Banking Proposal presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Supervisor is authorized to take such action as may be necessary to complete, execute, place the Town's seal on, and transmit documentation necessary to accomplish the purposes and objectives of this Resolution, and BE IT FURTHER RESOLVED, subject to letter of clarification delivered to the Supervisor regarding paragraph one (1) page eleven (11), by July 1st. Duly adopted this 27th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:Mrs. Pulver DISCUSSION HELD Discussion held regarding paragraph one, page eleven concerning Modified Agreement with First National Bank. After further discussion it was the decision of the Town Board to add the following sentence to the resolution. Subject to letter of clarification delivered to the Supervisor regarding paragraph one (1) page eleven (11), by July 1st. RESOLUTION APPROVING AND AUTHORIZING TOWN SUPERVISOR TO EXECUTE Y AFFEE SETTLEMENT AGREEMENT RESOLUTION NO. 327, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously authorized settlement of this matter by Resolution No. 215, 94, and WHEREAS, an Agreement of Settlement has been presented at this meeting, and WHEREAS, the Town Attorney has advised that the Settlement Agreement is consistent with the understanding reached, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Settlement Agreement and authorizes and directs the Town Supervisor to execute the same. Duly adopted this 27th day of June, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION ACCEPTING BIDS FOR DUCTILE IRON PIPE QUEENSBURY WATER DEPARTMENT RESOLUTION NO. 328, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano Motion to accept low bid from Atlantic States Cast Iron Pipe as per Queensbury Water Department Specifications #94-5. Duly adopted this 27th day of June, 1994, by the following vote: Ayes: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne Noes: None Absent:Mrs. Pulver DISCUSSIONS BEAUTIFICATION EXIT 20 - DYBAS LETTER Mr. Joe Dybas spoke to the Board regarding the beautification of Exit 20. Noted that various organizations have adopted an Exit to clean up. The Queensbury Business Association has volunteered to mow and plant flowers and shrubs at Exit 20. Requested that the Town Board become involved with this to and contribute one half of the bill regarding the beautification of Exit 20. After further discussion it was the decision of the Town Board not to become involved with this matter at this time. RECREATION MOWER Discussion held regarding the purchase of a mower for the Recreation Department. Harry Hansen spoke with the Board regarding the purchase of a Rhino Turf Flex mower. Noted this machine would cut the same amount as the previous mower that was looked at and can be pulled behind a tractor, noting the cost of the mower would be $7,600.00. After further discussion the Town Board adopted the following resolution. RESOLUTION PURCHASE OF MOWER RECREATION DEPARTMENT RESOLUTION NO. 329,94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver Motion to accept low quote from John Stokowski and Sons, Middle Granville for the purchase of mower for $7,600.00. Duly adopted this 27th of June, 1994, by the following vote: Ayes: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent: None HARRY HANSEN - RECREATIONAL HIRING Supervisor Champagne-Has spoken with Harry Hansen regarding the hiring of people for the sunnner recreation program. Questioned where the people that are being hired are from. Spoke with Mr. Hansen and he has stated depending on the qualifications of the individual that in the past there has been no policy set by the Board that we hire within Queensbury, however, its a policy or unwritten practice that when you can find qualified people in Queensbury that's where we hire from. Mr. Hansen-Noted that they have never taken a non resident over a resident in any case that was qualified. Councilman Monahan-Questioned the necessity of the Q Club Coordinator? Councilman Pulver-Questioned the necessity of the Co-Director's position regarding the park programs? Questioned if in some cases the parks are being over staffed? Asked Mr. Hansen for a list of names of the leaders at the park and their titles. Mr. Hansen-Noted certain things have to be staffed the way they are. Councilman Pulver-Commended the Recreation Department for their record keeping. After further discussion it was the decision of the Town Board to leave things. Will be able to determine from this year what can be expected for next year. To review this matter again next year. DISCUSSION HELD Councilman Monahan-Spoke to Harry Hansen regarding payment of rental property concerning lease agreement for South Queensbury Councilman Monahan asked E.1. Christensen to look into this matter. Councilman Monahan spoke to Mr. Hansen regarding the turtle situation at Hovey Pond. Mr. Hansen to contact DEC as to who has jurisdiction regarding this matter. Councilman Monahan noted that on the Glenwood Avenue side there is a great deal of erosion. Asked Mr. Hansen to check to see what the cost for having it crown fetch. Councilman Monahan noted the need to look at the inlet into the pond on the marshy side because when the water is high there is a lot of pressure there, noted the possibility of the danger to children. Councilman Wiswall-Spoke to the Board regarding his donation often to twelve birdhouses to Hovey Pond. ALAN OPPENHEIM - HUDSON POINT -ESTABLISHMENT OF LIGHTING DISTRICT Mr. Oppenheim spoke to the Board regarding the establishment of a lighting district for the Hudson Pointe Project. Noted in the plans there is a boulevard entrance and are giving strong consideration to street lights that will go down the center of the boulevard, somewhere between eight and twelve lights. Plans are still being finalized as they go through the approval process with the Planning Board. Has spoken with Attorney Dusek regarding this and was informed this is a process that when dealing with lights that are custom whereby we would be underwriting the cost of putting them in in order to deal with the on going maintenance and electric cost there are two ways to address this. Can either extend an existing lighting district in the area or can create own lighting district. Noted that given the situation it makes sense to create their own lighting district. The people that share the on going cost for the maintenance and energy cost should be the ones who benefit, noting these are the people in the Southern Exposure Subdivision who enter from Corinth Road as well as the Hudson Point Subdivision. Councilman Monahan-Questioned whether the light would be high level or low level? Mr. Oppenheim-Low level. The intent is not to create a bright scenario, but to provide enough light for people coming in. Councilman Pulver-Questioned if this is just for the boulevard only? Mr. Oppenheim-Primarily, but there maybe a light at key intersection. After further discussion the Town Board in agreement of presentation. Mr. Oppenheim to continue the process through the Planning Board phase for final approval. STORM WATER LAKE GEORGE PARK COMMISSION GRANT Supervisor Champagne-Noted that the Lake George Park Commission has granted the Town $10,000 for a Stormwater Management Grant for the Town of Queensbury. Councilman Monahan-Believes the letter states they would like to set up a Citizens Advisory Committee from all the communities. They have the grant and are going to hire the consultant. If the Town wants to participate in the Citizens Advisory Committee then the Town should contact Mike White. Councilman Monahan noted that the Town should participate in this. DISCUSSION COLUMBIA DEVELOPMENT Joe Nicolla Nia Schlakis representing Columbia Development Attorney John Lemery representing Native Textiles, Dean Beckos representing Queensbury Economic Development Corporation Mr. Nicolla-As everybody knows we had come up here a few weeks ago and had been at the Planning Board last week looking to do clearing for test pits and the roadway that accessed the site. Unfortunately, I went on vacation last week and I'll take the blame because that's really where it started and stopped. What ended up happening is the gentlemen in my place went to a Planning Board hearing and evidently direction had been given to the contractor to do the clearing for the test pits. When we did not receive Planning Board approval no one ever called the contractor off that's the best piece of information that we can determine to date. The parcel itself we have a map that was prepared that shows what was cleared on the site and what would potentially be cleared. But, the actual clearing the best that we can determine was approximately four acres on the property inclusive of the roadway. No lands were cleared as best as I can determined, I haven't walked the site, I will, were cleared that would not be cleared if we were ultimately to receive site plan approval. The issue that we see and I apologize if I could take it back I would, but I can't. Is that if we can ultimately receive site plan approval and purchase the land because we do have our deal with Native Textiles it's done and it's ready to go, we're ready to start construction. John Lemery can tell you a little bit more, but Native has already told the factory down in Pennsylvania that they are closing their factory and moving their employees to Queensbury. It's one of those things the people that ultimately lose here is Native Textiles. I hope that no one thinks less of them or of moving them into this facility. But if we wait and take an awful lot of time to try and figure out all of the solutions that potentially what ends up happening is the worse of all things happens is that Native goes away or does something else. Councilman Caimano- I'm just speaking for myself, I don't think anybody has anything but good feelings for Native Textiles that's number one. It's incumbent upon us to do the very best we can there is nothing more I can about that. Mr. Nicolla-Sir, all I can say is that this was not intentional. It was not to harm anyone, it was a human error. Unfortunately in dealing with human beings people do make mistakes and this was just not intentional. Councilman Caimano- The only thing that is bothersome to me as part of this from two directions is that we did something as a Town Board that ordinarily is done all the time. John you know that, but for environmental purposes you skip the necessities and say, go ahead and do your testing because your going to need that information. It's gone way way beyond that and put us at what I consider to be a very serious risk and that's what bothersome to me. When we went ahead and for all the right reasons said, go do your thing and you went way beyond doing your thing. Mr. Nicolla-I don't disagree with you. I don't know how to make it up. I mean, I don't know what to do. Mr. Caimano-I do, but we'll talk about that in executive session. Mr. Nicolla- The way that I look at it, if everything goes on the way that its suppose to that nothing has transpired that wouldn't normally transpire if we receive Planning Board approval tomorrow night three days from now the site would be in the same condition. Councilman Caimano-I can't speak for the rest of my cohorts, but I come from the same area that you do. I'm not a country bunkin if you think so then your wrong. I think my fellow board members would feel the same way about themselves. I get the clear and distinct impression all along the line that Columbia Development felt that somehow they could ramrod anything they wanted to do through us. I don't know about my fellow board members, but that's what irritates me. All it takes is a phone call, all it takes is discussion, but instead of that all along the line we get this heavy handed let's beat them up type of attitude and that's what bothers me. Mr. Nicolla-I don't think that's ever come from me. The two people that we're working on this project will no longer be working on it and I'm going to do it myself. I don't think sir that you could ever say that I was heavy handed with anyone. Councilman Monahan-I did walk the property. Mr. Nicolla-Yes. Councilman Monahan-I walked it with people with a camcorder. We have documenting every single thing that has happened in there. Mr. Nicolla-Okay. Councilman Monahan-We have measured stumps. I can almost say that some trees seemed to have been selectively cut for the size of the tree that was there. I will read to you the agreement approving the agreement between the Town of Queensbury and Columbia Queensbury Group. Prior to engaging in any activities authorized by the agreement Columbia shall identify those areas of the property and the parcel described in Schedule B and C where work or activities of any kind are to be performed. Describe the activities and request the written approval of the Executive Director of Community Development and the Highway Superintendent for the Town of Queensbury. Was that done? Mr. Nicolla-I don't know, but I would guess that it probably was not. Councilman Monahan-So right off the bat the very first initial step was not done. The abuse to that property that was done to me is unbelievable. There was no care given in my opinion to try and do a minimum amount of damage when your in there. There is also in part of this agreement that says, do not log, clear, remove stumps or otherwise change the character of any of the parcels described in Schedule A, B, and C, in any fashion other than as necessary to construct the roadway into the property except that some minimal clearing maybe done as maybe necessary to conduct the activities authorized in Paragraph one (1) hereof. No clearing beyond that necessary shall be done until such time as the property has been conveyed to Queensbury Economic Development Corporation and the Queensbury Economic Development Corporation has authorized the same either through conveyance of title or specific agreement. All of which shall be subject to the zoning rules and regulations of the Town of Queensbury. I would say instead of minimal disturbance it looked like a tornado had gone through there. Mr. Nicolla-I'm not going to argue any of those points. Councilman Monahan-You know it kind of sounds like my kids who go and do something and say, gee I'm sorry but I didn't intend to do it. Mr. Nicolla-I don't think that's the point. I think that the point is that we have human error, I can't take it back I'm willing to talk to you and find out what we do. What do you want me to say, I'm sorry I don't know what else to say. Councilman Monahan-I guess I want to know why the supervision wasn't there. Mr. Nicolla-It is now. Councilman Monahan-What's the sense of it you might as well go over and start it on fire. Mr. Nicolla-Hopefully we have a long ways to go on the completion of this project and other projects. Councilman Pulver-I think what we need to do is start thinking about finding some solutions to this. Councilman Monahan-I think the solutions will probably be in executive session. Councilman Pulver-Maybe we should move onto that. They are willing to accept the blame for this they realize it was not part of the original agreement. The Town Board never authorized whatever happened out there. We can't put it back so I think we need to find some solutions now to the situation. Attorney Lemery-I think I have to say on behalf Native Textiles they knew nothing about this. Was not aware of anything of that nature. We found out late Friday and Saturday that this had been done, Native understands the Town's concern. Councilman Monahan-If you remember John this is exactly the kind of concerns that I mentioned when all this was set in place. Attorney Lemery-I'm not arguing with you at all. Councilman Monahan-I expressed those concerns and it really bugs me when the concerns were expressed and they still happened anyway. In two public meetings, I expressed the kind of concerns that could happen is what is actually did go on and happen. Attorney Lemery-If the project goes forward that site is going to be cleared there will twelve to fourteen acres cleared for the plant. Councilman Monahan-The point I'm making is the timing the agreement that was signed the agreement that was not kept. Attorney Lemery-I understand. Councilman Monahan-And also I would like to see frankly a survey map of exactly where that clearing is according to the site plan that came in. Last night there was some question whether areas were cleared that were noted on that site plan that were not to be cleared. I think little red squiggle lines don't mean much to me. I want to see a surveyor who says this part of this has been clear this part has not. Mr. Nicolla-I can do that and I'll authorize that to be done if that's what everybody requests. The real issue is how do we get over this. If that's part of it, I'm hoping that tomorrow night we can still be on the Planning Board agenda. Supervisor Champagne-Before we get into that I think we ought to go into executive session to see what the corrective measures are going to be if there are any corrective measures. Dean Beckos-I think it is important to note that the Town Board acted in a very responsible manner when it came to dealing with Columbia with the out set goal of being positive for economic development and with the ultimate goal of locating Native on the site. It's unfortunate, but I don't think there is anything the Town Board should be embarrassed about in their actions and the way they went ahead with it. If compensation or some type of a canning or some type of retribution needs to be done I would hope that could be set aside and if in fact the site planning process can continue if the ultimate goal is still kept on target. Councilman Caimano-We have no jurisdiction over the site plan operation. My understanding as of Friday was that there was still some engineering things that were missing from the site plan application. We have just for the record and for all of you we have no authority one way or another of whether that goes or not. Mr. Nicolla-We understand that. But, I think all of the engineering issues and we have the letter from the Town Engineer I think those questions have been answered. There was one outstanding one that just came up on Friday I think we have that resolved also. Councilman Monahan-That's a problem as you well know Dean that stuff is suppose to be in the office downstairs it isn't suppose to be delivered the night before a Planning Board Meeting. All these schedules have been bent over backwards. I've been going through the file frankly, I've been a little disturbed at some of the stuff that's in the file. Mr. Beckos-I just reiterated what Nick said. Nobody is trying to circumvent Tim and the Planning Boards job and how they go about it. We just don't want to put up any road blocks in the site plan process because they do it well. Councilman Monahan-I don't necessarily want to put up road blocks, but I also don't want to see something put through with the minimum amount of scrutiny when it should be having a lot. When I go through this file and find out things that aren't there I'm disturbed. Supervisor Champagne-My conversation with Scott this afternoon was that some engineers have evidently had brought this together. Mr. Nicolla-We have a letter right here from your engineer to us to understand the process of what happened. I don't know if everyone is aware because we do have the correspondence to back it up. We submitted plans on time on the schedule for the Planning Board seven days prior to the meeting. On the twenty first we received a letter from the Towns engineer those responses to that letter were submitted the day before or the day of the Planning Board Meeting, I don't know which that is, but I think it was the day before the Planning Board Meeting. There is a letter that we received from Rist Frost that was to Jim Martin. The drawings were revised in response to all of these things in agreement with all of these items. The one item that was not addressed on here, but is in response to this is how is the sanitary system designed? The Town of Queensbury does not have specific standards for a septic design they rely on the department of health to provide for the final permit. It goes through some of the things why does the operating point of a pump those things are really DOH issues not site plan issues. He addresses in here a permit is required from the Department of Health. I don't think we were trying to submit anything without proper review it was just in response to a letter that had been given to us. Councilman Caimano-I'm all for finding where we go through here. I just was at a quandary as to why we would be in executive session. The whole world knows about the contracts. We have passed a resolution which is a public resolution. We know where we're going or not going. I don't know what we're going in executive session for. Supervisor Champagne-There are some dealings here about some litigation. Councilman Monahan-I have one thing that I'm a little concerned about. Supervisor Champagne-There is a $20,000 deposit on that property over there a bond. Councilman Monahan-Also, I think the value and I'll bring it right out the value of the timber. We owned it at the time it was cut. Mr. Nicolla- The problem that I have is that I hate to be negotiating or have the possibility of negotiating with someone in a public form. Supervisor Champagne-I would agree with that. Mr. Nicolla- That's my only reason for wanting to be in executive session. Councilman Caimano- To negotiate where we might end up with this contract? Mr. Nicolla- That's correct. Councilman Monahan-I think the damages are executive session. Mr. Nicolla-I think that's where we're at. Councilman Caimano- The negotiation process, I could see would be executive session. The result of it is going to be public. Supervisor Champagne-Absolutely. That's where we are at this point. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 330, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss a matter of negotiations. Duly adopted this 27th day of June, 1994, by the following vote: Ayes: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 331,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 27th day of June, 1994, by the following vote: Ayes: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None DISCUSSION HELD Councilman Monahan- I would assume regardless of whatever happens tomorrow night at the Planning Board that site will not be touched until we get the forester in there and this situation resolved. Mr. Nicolla-I'd agree with you that we'd have to agree because if we don't well, two things have to happen. There actually has to be a transfer of ground before I'm going to walk back onto that property again. Before that happens obviously we're going to agree so I think that's the given by the nature of it. Supervisor Champagne-Are we on the Planning Board tomorrow night or no? Mr. Nicolla-As of right now it has not been removed. Councilman Pulver-They think they've answered all the engineering comments that needed to be addressed. Attorney Lemery-I don't think there is an issue with the Planning Board other than.... Mr. Nicolla- This issue. Councilman Caimano- Where we are here your going to contact the forester your going to go out and try to ascertain what the cost is. Councilman Pulver-No he's not. He is going to go out ascertain as to what's there and what has been taken away. That will decide how many feet of logs was cut down by what's left there stacked and what's been taken away that's what the forester is going to do, he is going to look at the stumps and calculate that. They are going to find out who the person was that took what logs have been taken because not all of them have been taken and where they were sent to and if there was any cash involved how much that person was paid for that lumber. Then you two are going to get together with how many feet are there and how many feet you think are left and he's going to say how many feet they think they've sold. Councilman Caimano- They are going to ascertain a number and that number will be paid by Columbia Development. Councilman Monahan-The other question that has to be thought of when I'm thinking of all the angles of this is the trees that we're damage in there. Is that a value we have to worry about or will that be part of the thing that Columbia takes over when they take over the land. But, if they don't take over the land for some reason. Councilman Caimano-We only have to worry about it if the thing doesn't close. The only time you have to worry about if it doesn't close then we have a $20,000 bond. Councilman Monahan-Which actually has been cut we have to worry about now. Councilman Caimano-On your theory which is a....theory we have a fiduciary responsibility to our land. Councilman Monahan-That's right it was ours when it was cut. Councilman Caimano-Money is not an issue just to put on the record, money is not the issue the issue is who is responsible we're responsible. Mr. Nicolla-I don't disagree, I have to run. Councilman Caimano- Thank you. Supervisor Champagne-So your on tomorrow night? Councilman Monahan-He said he is meeting with Tim Brewer in the morning. Supervisor Champagne-I'm going to call Tim now he is going to want to know what our Board decided. DISCUSSION HELD Councilman Pulver-Spoke to the Board regarding a letter from Paul Davidson in response to the Adamson letter. Supervisor Champagne-Noted that Mrs. Adamson should put in writing her specific claim and the Town Board needs to take that claim and take it to the Board of Assessment Review. Supervisor Champagne to send letter to Mrs. Adamson requesting that she outline her specific questions about her grievances. Councilman Pulver-Spoke to the Board regarding June 6th letter regarding Earltown - Commercial Lands Quaker Road, regarding the Army Core of Engineers flagging wetlands. After further discussion it was the decision of the Town Board to have Supervisor Champagne contact Congressman Gerald Solomon. Spoke to the Board regarding a request from residents for a sign requesting reduction in speed for Inspiration Park. Supervisor Champagne-Spoke to the Board regarding the Foreign Fire Tax. Noted that each fire company will be receiving $6,119.39 and that this is the refund on their insurance. Spoke to the Board regarding a meeting to be held on July 7th at 5 :00 p.m. with the Consultants from Colonie regarding job evaluations. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 332, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss two matters of personnel. Duly adopted this 27th day of June, 1994, by the following vote: Ayes: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne Noes: Noes Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 333, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters back into Regular Session. Duly adopted this 27th day of June, 1994, by the following vote: Ayes: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Noes: None Absent: None No further action taken. On motion, the meeting was adjourned. Respectively Submitted, Darleen Dougher Town Clerk Town of Queensbury Champagne