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1994-07-11 SPECIAL TOWN BOARD MEETING JULY 11,1994 #35 7:00 P.M. RES. 335-346 BOH. 1-2 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Dr. R. George Wiswall Councilman Nick Caimano Councilman Carol Pulver Town Attorney Paul Dusek PLEDGE OF ALLEGIANCE LED BY COUNCILMAN CAIMANO MEETING OPENED PUBLIC HEARING-IMPROVEMENTS TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT NOTICE SHOWN Supervisor Champagne-The first order of business is to go into public hearing and to discuss the improvements offacilities owned by the Queensbury consolidated water district. We are going to have someone speak to that by starting out with you Mr. Thomas. Water Supt. Thomas Flaherty-Seven years in the making. Supervisor Champagne-There you go. Water Supt. Thomas Flaherty-Good evening, I am Tom Flaherty the Queensbury Water Superintendent the purpose of the public hearing tonight is to consider and discuss the expansion of our present water treatment plant. In the late 1950's we got into a water system in the Town of Queensbury and in 1963 we opened up a one million gallon a day well field across from Story Town, the Story Town parking lot is presently. That opened in 1963 in 1968 we had out paced that system when we began to look for an additional source of water we did a series of test wells throughout the Town trying to come up with another well field and determine that was not feasible. We then began looking at surface supply, took a quick look at Lake George and quickly got shot out of the water there. Then we turned and we looked at the River and we put in the present plant that we have at the Parklap. We are now at the point where we should, where we have to start looking at expanding that plant. We are beginning, the plant is a 1973 vintage means in the course of twenty years, around twenty years old, we are beginning to see on going operational problems there and equipment failure on a more re-occurring basis. Above and beyond that the plant is rated for three and a half million gallons, we are consistently violating our rated capacity to the plant. A quick look at this chart here will show you that in 1993 in roughly a four months period we exceeded our production our capacity by roughly 105 or an excess of 105 days and we are seeing that happening more and more. We first started looking at updating this plant in 1987 and went through a series of meetings and on going discussions of it and reached the point where we are today. With that I will turn it over to Tony Geiss and he can get into the technical aspects of it. Thank you. Mr. Tony Geiss-Good evening. My name is Tony Geiss, I am with O'Brien and Gere Engineers I have now got three things in my two hands. O'Brien and Gere Engineers we have been working on this project to look at what needs to be done to expand the facilities. I guess the first matter is to identify the project. We are looking at the expansion of the Water Treatment Plant. The Water Treatment as Tom pointed out is on the Hudson River here we are also looking at building a one million gallon storage tank which will be up here (used maps) and also looking at putting a sixteen inch distribution main under the Northway. Now, Tom covered one of the primary reasons for the project is the additional capacity that is needed and he also covered the fact that the existing plant capacity is being exceeded on a continual basis. The storage is required in the system, the one million gallons of storage is required to supplement the distribution storage in the system and the pipe line under the Northway is really to make better use of both the new and the existing storage for the whole distribution system. The why, we are looking at fifteen million gallons a day is the ultimate capacity on the proposed facility. Why the fifteen million gallons a day? Well, fifteen million gallons a day you have got an existing plant that is around three point two five million gallons a day and you are seeing flows into the five, six, seven, eight million gallon a day range right now as peak flows. The projected peak flow into the year 2015 for just the existing service customers is in excess often mgd. We looked at the ten mgd and then we looked at what we needed more than that just to serve the existing customers and the expansion within the Town itself so the most logical expansion after that was to the fifteen mgd. This additional capacity also allows the Town to enter into contracts with other municipalities and by producing more water and selling more water the cost per thousand gallons of water will be reduced for all customers. This will also give additional reserve capacity for the Town. Now, the Treatment Plant as we pointing out here, (used drawings) you see, this is the existing Treatment Plant site that we have shown here the shaded areas are the new facilities that were going to install at the existing Treatment Plant site, so we are expanding the existing Treatment Plant on the existing site. One of the questions raised is why do we want this type of plant? Well, the existing treatment process is a full process of treatment for water, do a very good job of giving you very high quality water. The expansion we are talking about here is just increasing the capacity or putting in additional facilities with the identical process that you have at this time. What are the environmental concerns on this project I think is another major question. One is we are expanding the treatment plant, but we are expanding the Treatment Plant on the existing site so that we are utilizing the existing facilities as well as land adjacent to the existing facilities for expansion. We are utilizing the existing intake that goes into the Hudson River. This intake was originally designed for fifteen million gallons a day and currently you are taking between five million gallons a day out of it and up to eight million gallons a day. We are not looking at going into the River to build a new intake so we are not effecting the environment of the River. We are putting in new waste facilities so we are increasing the treatment of the waste that comes out of the Treatment Plant and doing a better job there. One of the other things that we are doing in upgrading the facilities is we are eliminating the use of chlorine gas and the hazards associated with it and we are going to liquid chlorine as the method of disinfection. One of the other factors looking at the Hudson River increasing the water withdrawal from the Hudson River we are only using a minor fraction of the total water going down the Hudson. I believe the number quoted the minimum flow in the Hudson is nine hundred million gallons a day so we are only a fraction of a percent of that flow that is going down the Hudson. One of the other things, the second plan here is the plan of the storage tank in relation to the existing half million gallons storage tank that is on the existing site the Town has right now. The last major question that needs to be addressed is what is the cost of the facilities that we are talking about? The total project cost for the expansion of the treatment plant, the storage tank and the transmission line is thirteen million two hundred and twenty eight thousand dollars. Now, how does this reflect into a tax rate, that reflects into a tax rate for the water districts of a dollar twenty five per thousand of assessed value. That's an additional dollar twenty five to pay for the thirteen million two hundred and twenty eight thousand dollars. ...What Tom is saying, this is the worst case scenario this is with putting the total thirteen million onto the tax base it does not reflect any other outside users that could come in and it does not reflect of any current capital improvement funds. That is the end of the formal presentation however you want to address questions. Supervisor Champagne-I think at this time we would open it up to the public for any comments, the floor is open to anyone who cares to make a comment. John? Mr. John Salvadore-That tax rate is that a dollar twenty five per thousand per year? Mr. Geiss-Yes. Mr. Salvadore-That is a very important parameter you should include it in Mr. Geiss-This is an average year, for the first year, excuse me the first year cost for that, this is what we call that, it is based on the one hundred and fifty percent rule for municipal bonding. Mr. Salvadore-The question I asked was is the one dollar and twenty five cents per thousand assessed value is that a tax rate per year? You said yes. Mr. Geiss-Yes it is, it is based on a twenty year bond at six percent. Mr. Salvadore-So, that one dollar and twenty five cents per thousand continues for twenty years. Mr. Geiss-Yes. Mr. Salvadore-Per year for twenty years. Mr. Geiss-Yes. Mr. Salvadore-I have other questions but I will save them. Mr. Geiss-The answer to the question it is a dollar twenty five and that estimate is based on the first year bonding cost for, it is a twenty year bond at six percent is how that is developed. So it would go on for, that would be the yearly cost or the first year cost, the first year cost is the highest cost in the bonding schedule. Other questions? Mr. Pliney Tucker-Tony, I think you did a study for fifteen million gallon for the Borgos Administration. Mr. Geiss- Yes we did it was dated 1991. Mr. Tucker-I believe in that study you had something like seven and a half, eight million dollars for transmission lines. Mr. Geiss-Yes, we did. Mr. Tucker-How come that is not included in this one here? Mr. Geiss-This project was for looking at the expansion of the Treatment Plant, the storage tank and the transmission line. The Treatment Plant to fifteen millions. Mr. Tucker-The one you done for Borgos was fifteen too, wasn't it? Mr. Geiss-That was more or less a comprehensive study, there are, what I think you are referring to is the possibility of are there going to be other distribution systems or transmission system improvements that could come about in the future years and yes there could be. Mr. Tucker-In otherwords this plant we are going to be able to produce fifteen million gallons of water but we are not going to be able to get it out into the, the fifteen million gallons out into the ... Mr. Geiss-The primary improvements that we had back in 1991 was looking at the storage tank for additional capacity and the major hydraulic construction was under Route 87 which is what the 16" line is for to be able to convey water across to the rest of the system. Mr. Tucker-I know you mentioned other municipalities do we have any signed contracts with anybody at the present time. Attorney Dusek - I can answer that, at the present time we do not, but we do have a contract that we are working on with the Village of Hudson Falls. Mr. Tucker-I know about that one. Attorney Dusek-From every indication that we have from the Village of Hudson Falls the Town I think could safely say that it has no reason to believe that will not go ahead but it has not yet been signed and finished. Mr. Tucker-Are they the only ones? Attorney Dusek-They are the only ones under current negotiations. It is not to say that the Town couldn't at a later time sell water to other municipalities should it be advisable for the Town but that would be a Town Board option later and it would also be obviously up to the municipalities whether they would want a contract with us. Mr. Tucker-It certainly appears that we are going to have a surplus to sell are we not? Mr. Geiss-Yes. Attorney Dusek-Tony when you say there is a surplus to sell though is that immediate that is not necessarily for ever? Mr. Geiss-No. You have got a projection just for your internal district the existing district oflike 10.1, 10.2 million gallons a day is their needs. Without expansion of those districts in the Town itself. Mr. Tucker-How did you come to that projection? What brought that about? Mr. Geiss-Looking at the projection of the current use based on the projected population in those existing districts that they would increase over the next twenty years. Mr. Tucker-You mean growth within the water district? Mr. Geiss-In the water district. Mr. Tucker-Are you assuming that we are going to be growing as fast in the next twenty years as we have in the last twenty? Mr. Geiss-Ok, we are looking at, you must realize we are talking peaking numbers, we are looking at numbers that are currently in the seven and a half to eight million gallon a day range and you are looking at that peaking number going up to the ten point two million gallons a day. You are not looking at a great increase. You must realize that the existing plant is not meeting capacity and we have got built plant to meet the existing needs first and then the increase. So, you are looking at the difference between a seven and a half or eight to the ten point one, ten point two million gallons a day. Mr. Tucker-I know when I was on the Board here we did a study, leak detections study, I believe it was thirty one percent of the water being produced by the plant was unaccountable for. What was the end result of that? Water Supt. Thomas Flaherty-Our current reports on our current figures on the leak detection shows an unaccounted flow of roughly twelve to fourteen percent. Councilman Caimano-Based on what kind of standard? What can you expect from a water district of this size, percentage wise? Water Supt. Thomas Flaherty-An article that I happened to read today coming out of the A WW A said fifteen percent. Mr. Tucker-That is a system twenty five years old, Tom? Water Supt. Thomas Flaherty-It gave across the board figure of fifteen percent it did not give an age of the plant. Mr. Tucker-It did not break it down? Water Supt. Thomas Flaherty-No, it did not. It just happened to come across my desk this morning in the mail. Mr. Tucker-That is all I can think offor now, can I come back? Councilman Caimano-Ifit is open. Mr. Tucker-Well, you Councilman Caimano-Any more? Mr. Tucker-know, Nick. Supervisor Champagne-Thank you Pliney, any other concerns? John do you want another? Mr. Salvadore-Yea. What are the sources ofleaks that add up to fifteen percent? What are some potential? Water Supt. Thomas Flaherty-Actually the fifteen percent is unaccounted for water, it is not entirely leaks. It could be leaks in the main, fire use, street sweeping, under registering meters, flushing, basically that some but I probably missed one or two but I cannot think of it right at the moment. Mr. Salvadore-Well, it is accounted for then. It may not be billed for but it is Water Supt. Thomas Flaherty-In the industry terms it is called unaccounted for water. Mr. Salvadore-In determining the ultimate size of this plant, have we considered de-bottle necking simply the equipment de-bottle necking that might get us up to that ten point five or whatever it is? Mr. Geiss-What do you mean by de-bottle necking, I do not understand? Mr. Salvadore-Different pump impellers? Mr. Geiss-Yes, we did. That was considered and in fact if you look here the bottle neck is not pump impellers as much as it is in filter capacity and rates going through the settling tanks and you are limited by the velocities and the detention times in the settling tanks and in the velocities through the filters. So, no matter what you do your filters are running actually very efficiently right now and we are looking at a similar type of filter to add to it and expand but you cannot push more water thorough the filter without impacting water quality. So, therefore you need to add filters and add settling tank capacity. Mr. Salvadore-How did we get roughly double the capacity out of this plant, double its design capacity? Mr. Geiss-Right now? Mr. Salvadore-Yea, how are we doing that? Mr. Geiss-You are doing that by running filters one hundred percent of the time all filters. The State code requires that you have one hundred percent back up on filters. So, right now you have a three and a half mgd plant that is operating actually in excess of seven mgd which means both filters are operating one hundred percent of the time. If you were to have a failure at this time you would decrease you plant capacity by fifty percent and that is where the State rates your plant at, they rate it at one filter out of servIce. Mr. Salvadore-What is the penalty of not having their blessing? Mr. Geiss-Not having the State blessing? Mr. Salvadore-Yea. Is it an operating permit? Mr. Geiss-They, you need their approval if you cause any problems or any problems of meeting the water quality or the Town has of meeting water quality for the water users the State can then close you down or you are liable for law suits from the public because you have not met the State code requirements. It is a public health code that the requirements are actually listed in. Mr. Salvadore-The Town of Bolton has a similar plan to expand its water plant, the capacity of its water plant but it has been put on hold because they are waiting for the EP A enhanced regulations to come forth. Have we considered, is that a part of your design basis? Mr. Geiss-Yes, we have, we have looked at the enhanced treatment regulations, enhanced coagulation regulations also looked at the new THM which is the tri-hela methine the haleisedicic acid and also the TOC or total organic carbin, in looking at this. In fact in evaluating the existing plant the existing operation is already doing enhanced coagulation in the system by further achieving better coagulation step before it goes on top of the filter and this is one reason they are able to achieve the better filter runs that they have. Mr. Salvadore-I understand and I have only a limited knowledge of this but some communities are being forced to make a surveyor an analysis of their water color to determine their water color number from their surface body of water and the significance of this determination impacts the design, the very design of the plant. Have we done a water color number? Mr. Geiss-In color you are really looking at what the organic are, or the organic compound. In this case the existing plant is removing the organic such that you are removing the color in so doing to acceptable levels for finished water. So, that is already being done at this treatment plant. Mr. Salvadore-Ok. For the Town Board how does the capacity of the new capacity proposed for this plant how is that going to play into what the Town is obligated to furnish for water for the residents down gradient of our landfill? Supervisor Champagne-At this point there has been no provision made for that. Well, in terms of the plant production certainly there is more than adequate supply there but in terms of the project, there has been nothing included in their for the Jenkinsville area. Mr. Salvadore-I understand that in this landfill closure kitty that we are supposed to have that there is supposed to be some money in their for taking care of their water supply, their water needs. Attorney Dusek-That has never been totally tied down John, there has been some talk about that in the past I was in the past administration so I am familiar with that and there was some positive feed back at one point that, that would be a possibility but as far as tieing it down legally to be able to absolutely do it and go through and spend the money out of the landfill closure we do not have in my opinion, we do not have sufficient authorization at this point to do that. Mr. Salvadore-Well, these people were making a lot of noise down there when this town was being proposed as a consolidated county landfill and they were kind of you know, put to bed and kept quiet because it was said that in the landfill closure kitty there would be money for water supply for them. It seems to me that is going to become a town obligation, that is why I am concerned. Supervisor Champagne-Well, I think John, you know my observation has been, I have met with practically everyone of the neighbors there and for the first time I have heard from you that this was part of the deal because they had never indicated that, however as an add on to that would be to say that we are taking a hard look at that. We have investigated the possibility of using some of those funds to appropriate for that purpose and I have to tell you that at this point in time, correct me if I am wrong, Paul, there is no legal way in order to apply those funds to that particular project. It is still certainly on the front burner we will continue to study it and if we can find a way to make it happen it will happen. Mr. Salvadore-Will any of the capacity of this plant be diverted in that direction if it happens and how much? Supervisor Champagne-I am sure it will. Mr. Salvadore-How much is, how much is needed? Councilman Caimano-We do not know. Supervisor Champagne-Studies have not been made yet, but I am sure that plan you know is sufficient to accommodate this. Mr. Salvadore-Well, you know the number of homes that are down there, it is not a difficult thing to ... Councilman Caimano- That is right, it is not a significant number compared to the Mr. Salvadore-I did not say it wasn't a significant number I said it is not a difficult thing to... Councilman Caimano- Y ou did not say that, I said it John Mr. Salvadore-Yes, Ok. Councilman Caimano-It is not a significant number compared to the expansion of the plant. Mr. Salvadore-Do you know what the number is? Councilman Caimano- What did I just got through saying? Mr. Salvadore-If it is not significant you must have an idea what it is. Councilman Caimano- Y ou just told me that we know how many houses there are down there. Mr. Salvadore-Yes. How much are we talking about, supply? Supervisor Champagne-I do not have an answer. Mr. Salvadore-OK. Supervisor Champagne-Anyone else? I will now declare the public hearing closed, we will move into any further discussion by the Town Board. 7:30 P.M. Attorney Dusek-You have got to do your part II SEQRA Supervisor Champagne-Does the Town Board feel comfortable to move ahead with the SEQRA? Board agreed. Requested that the Town Attorney lead the Board through the SEQRA. SEQRA Attorney Dusek-Just go down through the questions and I think Tony Geiss the Engineer for the project could also assist on answering the questions some of these might be slightly technical and also Tony I believe you and your people have a familiarity with the site where the water treatment plant is going to be placed, the expansion correct? Mr. Geiss-Yes, I do. Attorney Dusek -You are also familiar with the lands to be acquired by the Town? Mr. Geiss-Yes, we are, in fact Rick Gell from O'Brien and Gere is with me who has worked with the other engineers with O'Brien and Gere on the project will help me address any question we have. Attorney Dusek-And then you are also familiar with where the water mains and the new water supply tank are going to be placed, is that correct? Mr. Geiss-Yes. Attorney Dusek-Ok. Then as we go through this the first question is, will the proposed action result in a physical change to the project site? Now, there is a couple of project sites of course that is involved here, the water treatment plant expansion as well as the water tanks and of course the answer to that has to be yes, right? Mr. Geiss-Yes. Attorney Dusek-Than the next question becomes is it going to be small to moderate, potentially large, and maybe Tony could help us with that as to what he thinks. Mr. Geiss-Small to moderate. Attorney Dusek-The Board feels comfortable with that, that is your choice? Councilman Monahan-We have to put that by specific questions here so what are we supposed to? Councilman Caimano-No we don't, those are examples. Councilman Monahan-If you go down through. Attorney Dusek -You are right Betty, we will go through each one of these Councilman Monahan-We have too Attorney Dusek-To start with Councilman Caimano- That is not correct, but that is all right. Attorney Dusek-First as a general analysis though you are agreeing it is small to moderate, correct? Councilman Monahan-An ha... Attorney Dusek-Then you look at is there any construction Tony on slopes of 15% or greater Mr. Geiss-No. Attorney Dusek-Construction on land where the depth to water table is less than three feet. Mr. Geiss-No. Attorney Dusek-Construction of paved parking area for 1,000 or more vehicles. Mr. Geiss-No. Attorney Dusek-Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Mr. Geiss-No. Attorney Dusek-Construction that will continue for more than 1 year or involve more than one phase or stage. Mr. Geiss-Yes Attorney Dusek-How long with that be Tony? Mr. Geiss-The treatment plant we would expect the possibility of an 18 month construction period. Attorney Dusek -Would the Board classify then, that small to moderate in terms of that impact or would that be a potentially large? Councilman Pulver-I think it would be small to moderate. Supervisor Champagne-Small to moderate I would say. Councilman Pulver-Contained to one site. Councilman Monahan-I think small to moderate because it is already a site. Councilman Caimano- Y ou are talking about, you are talking about construction on a piece of property which is already a water treatment plant. Attorney Dusek -Correct. Councilman Caimano-So it has to be small to moderate. Councilman Monahan-You have got the tank and you have got the transmission line, but I still think it is small to moderate. Attorney Dusek-Excavation for mining purposes that would remove more than 1,000 tons of natural material. Mr. Geiss-No Attorney Dusek-Ok. Construction or expansion of a sanitary landfill. Obviously No, I can answer that one. Construction in a designated floodway. Councilman Monahan-Tom is that a designated floodway? Mr. Gill-The only construction we have in Water Supt. Thomas Flaherty-It is above the 10,000 year flood ... Mr. Gill-Installation of a 2" PVC line down to the existing intake, which is basically just a maintenance function. Attorney Dusek-So, would that be a small to moderate impact? Mr. Gill-Small to moderate. Attorney Dusek-Any other impacts that we have not addressed. NO Attorney Dusek-Will there be an effect to any unique or unusual land forms found at the site? cliffs, dunes, geological formations etc. Councilman Caimano- No. Attorney Dusek-Three. Will proposed actin affect any body of water designated as protected? Councilman Caimano-No, not that I know of, where is the Councilman Monahan-What is the Hudson River designated at? Mr. Geiss-I do not believe, it is designated for drinking water quality or drinking water use, I do not think it is a protected body in the environmental concerns. Supervisor Champagne-So, no. Attorney Dusek-Will proposed action affect any non-protected existing or new body of water? The answer, it is existing so I guess it would be affected, right, we will say yes? Mr. Geiss-Yes. Attorney Dusek-And then the question becomes a ten percent increase or decrease in surface area of any body of water or more than ten acre increase or decrease. NO. Attorney Dusek -Construction of a body of water that exceeds ten acres. NO. Attorney Dusek-Other impacts, and Tony I think you indicated in your presentation that there would be an impact in terms of water being drawn from the river. Mr. Geiss-Yes. Attorney Dusek-So the question becomes is that a small to moderate or what and I think you kind of answered that when you gave your presentation. Mr. Geiss-I would consider it a small to moderate because you would be, the original intake was designed for 15 mgd twenty years ago and that is what you are going to be taking at this time. Supervisor Champagne-Ok. So, small to moderate. Attorney Dusek-Ok. Small to moderate was the answer there. Will proposed, this is number five will proposed action affect surface or ground water quality or quantity, Tony? Mr. Geiss-No it won't. Attorney Dusek-So we will drop down to number six. Will proposed action alter drainage flow or patters, or surface water runoff? The examples that they give under this which might be helpful just to get an idea as to what they are talking abut is change flood water flows, cause substantial erosion, incompatible with existing drainage, development in a floodway. Councilman Caimano-I would say no. NO. Attorney Dusek-Seven, Will proposed action affect air quality? Councilman Caimano- No. Mr. Geiss-No. Attorney Dusek-Eight, will proposed action affect any threatened or endangered species? NO. Attorney Dusek-Nine. Will proposed action substantially affect non-threatened or non-endangered species? NO. Attorney Dusek-Ten. Will proposed action affect agricultural land resources? NO. Attorney Dusek- Eleven. Will proposed action affect aesthetic resources? NO. Attorney Dusek-Twelve. Will proposed action impact any site or structure of historic, pre-historic or paleontological importance? NO. Attorney Dusek-Thirteen. Will proposed action affect quantity or quality of existing future open spaces or recreational opportunities? NO. Attorney Dusek-Fourteen. Will there be an effect to existing transportation systems? NO. Attorney Dusek-Fifteen. Will proposed action affect the community's sources of fuel or energy supply? NO. Attorney Dusek-Sixteen. Will there be objectionable odors, noise, or vibration as a result of the proposed action? Councilman Caimano-Section two there probably applies, during construction, don't you think? Attorney Dusek-So, we would check yes and put small to moderate during construction only. YES. Councilman Caimano-Also, I think both of those, no, well Councilman Monahan-What one, Nick? Councilman Caimano-I was thinking of odors and the one below that. Attorney Dusek-Operating noise? Councilman Caimano- What do you think? Ok, just the odors. Councilman Monahan-Well it probably will exceed it but still it is a small. Councilman Caimano-Again it is construction noise is what it is. Councilman Monahan-Yea. It is small to moderate is what it would be. Mr. Geiss-It would be construction only during the facility, once the facility is built there will be no noise at all. Councilman Monahan- I think you just write that down, only during construction the same way with the odors. Attorney Dusek-Seventeen. Will proposed action affect public health and safety? NO. Councilman Pulver-It would have a positive affect ... Attorney Dusek-Eighteen. Will proposed action affect the character of the existing community? They have various things that you look at, permanent population is likely to grow, municipal budget. Councilman Monahan-That is true. Councilman Caimano-I think the first one is positive, yes. Attorney Dusek-Would you say small to moderate? YES. Attorney Dusek-Ok. How about municipal budget per capital expenditures or operating services by more than 5% per year? Councilman Monahan-Tony will it make it go up 5% per year, Tony, in town? Municipal Budget for Capital Expenditures or operating services will increase by more than 5% per year as a result of this project. Mr. Geiss-Well, the tax increase for capital will definitely be the 5%, the operating expense is not expected to increase in the first year but as you bring more water, yes your operating will, your operating cost will increase proportional to water produced. Councilman Caimano- Y ou are talking about the municipal budget not the water budget. Water Supt. Thomas Flaherty-Are they talking about the municipal budget or the district budget? Councilman Monahan-No, what I would say Councilman Caimano-Municipal Budget for capital expenditures, not the water budget. Councilman Monahan-Yea, but in our, I think you have to interpolate that into our community where the water stands by itself. In a lot of places it wouldn't. Only some of our, we are a special district so I think you have to interpolate that to the special district. Councilman Caimano-I disagree, but I will go along with it. Attorney Dusek-Would you say it is a small to moderate, or large or what? Mr. Geiss-Small to moderate. Attorney Dusek-Proposed action will conflict with officially adopted plans or goals? NO. Attorney Dusek-Proposed action will cause a change in the density ofland use? NO. Attorney Dusek-Proposed action will replace or eliminate existing facilities, structures Councilman Monahan-Now, wait a minute it could, no wait a minute. Councilman Pulver-No not this action, we are not changing the density on that property. Councilman Monahan-No, but they are saying the fact that you are building an expanding water treatment plant could allow for density. Attorney Dusek-So you could say small to moderate to be safe. Councilman Caimano-I would not say it at all. Councilman Monahan-Because when we get, when we expend water districts then we increase the density permissible on that land. Councilman Caimano-We do? Councilman Monahan-Usually. It is just a small amount. Councilman Caimano-I disagree with it. Attorney Dusek-Do we have a consensus of the Board, or no? Councilman Caimano-I do not think that there is any change in the density at all. Supervisor Champagne-Density of land use, we are talking about just the land that this project is going to be built on. Councilman Caimano- That is what I think. Councilman Monahan-No. It says a community or neighborhood look at your. Councilman Caimano-Either way I do not think that there is an increase in density but there is not sense in arguing over it. Councilman Wiswall-I agree with Betty, Councilman Monahan-That is part of our Master Plan is when you do it, you increase your density. Councilman Caimano-Go ahead keep it, Doc agrees go ahead. Attorney Dusek-So, small to moderate then? Yes. Attorney Dusek-Proposed action will replace or eliminate existing facilities, structures or areas of historic importance? NO. Attorney Dusek-Development will create a demand for additional community services? No, small to moderate? Councilman Monahan-Small to moderate it could. Attorney Dusek-Well, by virtue by disagreement on the board at least it somewhat indicates it is going to be very little if it is any, right? YES. Attorney Dusek-Proposed action will set an important precedent for future projects? NO. Attorney Dusek-Proposed action will create or eliminate employment! Councilman Caimano-Might create it Councilman Monahan-Create it during construction. Councilman Caimano-during construction. Attorney Dusek-In terms of growth an impact on the community is there anything else that we have not talked about that you can think of that should be added here? Anybody. NO. Councilman Monahan-I think in someways you could put down that it will allow us to give water that we are certain of its quality to more people as this towns needs increase. Attorney Dusek-So, that would be a positive thing. Councilman Monahan-That is a positive, yes. Councilman Caimano-Fine. Attorney Dusek-Nineteen. Is there or is there likely to be public controversy related to potential adverse impacts? Councilman Caimano- No. Councilman Monahan-Paul, as look as everything is small to moderate we do not have to do colunm three do we? Attorney Dusek-That is correct. What I would like to ask Tony though on the record while we got him here too, is that, you know, there have been a number of items that were indicated, actually very few, that were small to moderate impacts, one being physical change to the project site are there, when the construction goes on is there some sort of environmental measurers, something that is taken to help eliminate that problem? Mr. Geiss-During construction, noise, erosion, and other impacts to the land are taken into consideration in the contract to eliminate these as environmental concerns so that they are maintained to the limits of the property and then the property is immediately re-habed to its existing condition so that no areas outside of the construction sites would be affected and that noise or other things would be minimized during construction also by you know, time of day of construction and items such as that. Attorney Dusek-As far as changing the community or character of the community we have said in a couple of instances there might be possibly some small to moderate impacts is there anyway to minimize that or change that? Mr. Geiss-No there isn't. That would be growth that could happen within the community due to the availability of your water for the community. Attorney Dusek-And this would be I think something for the Board just to answer for themselves you know, just because we have gone through this check list if you will and answered all the questions the last question you have to ask yourself is have we missed anything. Is there any environmental impact that we have not addressed? Tony? Mr. Geiss-None that we have found through our investigations to this date. Attorney Dusek-Board members do not feel that there is anything else that we have missed? Councilman Pulver-No, I agree. Councilman Monahan-No, as I said Paul, I think the impact is a positive impact on the quality of life in this community. Attorney Dusek-The next thing I need this Board to do is take a look at this sheet that lists some reasons for the negative declaration. Board requested that the Clerk read the following: Town Clerk Darleen Dougher: Reasons Supporting This Determination: 1) The capacity of the existing Water Treatment Plant does not meet the current needs of the District. 2) The proposed action is an increase or expansion of existing facilities and not the construction of new facilities. 3) The existing Water Treatment Plant has a water intake on the shores of the Hudson River that is rated at 15 million gallons per day, and will serve the needs of the expanded Plant. Therefore, there should be little or no impact to the bed of the Hudson River or the shoreline. 4) Much of the construction will occur in the vicinity of real property already being used for the Water Treatment Plant and/or existing water transmission facilities, with the exception that certain dewatering facilities will be placed on nearby property to be acquired from Niagara Mohawk, and certain water storage facilities will be place on property to be acquired from Warren County. It is felt that no significant impact will occur on the property to be acquired, due to the location of the parcels and the proposed use for the same. 5) The amount of water to be withdrawn, when compared to the total quantity available from the Hudson River, should not cause any adverse environmental impact. 6) The Town Board has reviewed a Long Environmental Assessment Form, and competed Park II thereof, and upon doing so, does not find any impact that would warrant a Part III analysis or a positive declaration. Agreed to by the Town Board Councilman Monahan-I think that is a very good analysis. Attorney Dusek-If the Board feels that is complete those are the reasons that would be inserted on the negative dec form with other information that is required such as the name of the project,identity etc. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING THE PROPOSED INCREASE IN IMPROVEMENT OF QUEENSBURY CONSOLIDATED WATER DISTRICT FACILITIES RESOLUTION NO.: 335.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is presently considering a proposed increase in the improvement of the Queensbury Consolidated Water District in the Town of Queensbury, Warren County, New York, to wit, the expansion of the existing Water Treatment Plant, purchase of certain additional lands, construction of various improvements to the Water Distribution System, and assessment of the cost of construction of the improvements and subsequent operation and maintenance to all effected districts and extensions, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is a Type I action pursuant to the rules and regulations of SEQRA, and WHEREAS, the Town Board has previously declared itself lead agency and has obtained consent to assume lead agency status for other involved agencies, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after 1) review of the map, plan, and report for the proposed aforesaid improvements to the facilities of the Queensbury Consolidated Water District; 2) considering the action proposed herein; 3) considering public comment and information received at a public hearing; 4) considering comments made by O'Brien & Gere Engineers; and 5) reviewing the Environmental Assessment Form prepared in connection with this action for possible environmental impacts, and the criteria contained in Section 617.11 of the Rules and Regulations of the Department of Environmental Conservation, and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the annexed Environmental Assessment Form and responses thereto, and the Town Supervisor is hereby authorized and directed to complete and execute appropriate part of the said Long Environmental Assessment Form, as necessary, and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that pursuant to Section 617, the annexed Negative Declaration is hereby approved and the Town Supervisor is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the New York State Department of Environmental Conservation. Duly adopted this 11th day of July, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION MAKING DETERMINATION RELATING TO PROPOSED INCREASE IN IMPROVEMENT OF QUEENSBURY CONSOLIDATED WATER DISTRICT FACILITIES RESOLUTION NO.: 336.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, there exists in the Town of Queensbury Consolidated Water District, a Water Treatment Plant, water storage facilities, and certain water transmission mains and related real property holdings servicing the Queensbury Consolidated Water District, Sherman Avenue Extension Water District, Peggy Ann Road Water District, Easy Street Water Extension, and Hiland Park Water District, hereinafter referred to as the "Effected Districts and Extensions," and to some extent, certain adjacent communities pursuant to Water Supply agreements, and WHEREAS, after considering the capacity, age, efficiency, and effectiveness of existing Water Treatment Plant and distribution facilities, the future water needs of the areas serviced by the said Plant and distribution facilities and those areas expected to be served in the future, the Town Board of the Town of Queensbury, hereinafter referred to as the "Town Board" previously determined it appropriate to consider the expansion of the aforesaid Water Treatment Plant, purchase of certain additional lands, construction of various improvements to the Water Distribution System, and assessment of the cost of construction of the improvements and subsequent operation and maintenance to all the aforedescribed Effected Districts and Extensions, and WHEREAS, the Town Board caused to be prepared a map, plan and report, as amended June 17, 1994, of the proposed improvements and land acquisition, together with an estimate of the costs thereof, and Part I of an Environmental Assessment Form, a copy of the same being presented at this meeting and being kept on file in the office of Town Clerk of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury duly adopted a resolution on the 20th day of June, 1994, calling for a public hearing to consider the aforesaid expansion of the aforesaid Water Treatment Plant, acquisition of additional lands, construction of various improvements in the Water Distribution System, and assessment of costs to the aforedescribed, affected districts and extensions, as well as the maximum amount to be expended for the improvements, and WHEREAS, the aforesaid resolution adopted on June 20, 1994, provided that the public hearing would be held at the Queensbury Activities Center, 531 Bay Road, Queensbury, New York, on the 11th day of July, 1994, at 7:00 p.m., and WHEREAS, Notice of said Public Hearing was duly published and posted in the manner provided by law, and proof thereof has been submitted to the Town Board, and WHEREAS, said public hearing has been duly held at the time and place aforesaid, at which time all persons interested were duly heard, and WHEREAS, the Town Board has considered the map, plan, and report, and all evidence and information presented at the said public hearing, and WHEREAS, the said Town Board has reviewed the proposed action of the State Environmental Quality Review Act, and has found that the proposed expansion of the Water Plant, appropriation oflands, construction of improvements to the distribution system, and assessment of costs of construction to the various affected districts and extensions, will not have a significant environmental impact, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York, based upon the map, plan, and report and the evidence and information received at the aforesaid public hearing, the Town Board of the Town of Queensbury hereby determines: 1) that it agrees with the following assessment provided by O'Brien & Gere Engineers, Inc., as set forth in its map, plan, and report: The existing water treatment plant does not have sufficient production capacity for meeting the District's current water demands. With this shortfall, the reliability of the system is compromised. Also, the transmission and storage system needs to be improved to take advantage of the increased plant capacity by improving hydraulics and increasing reserve storage capacity. The Town Board of the Town of Queensbury also agrees with O'Brien & Gere Engineers Inc.'s opinion that the Town should make improvements to the Water Treatment Plant to provide a capacity of 15 mgd, construct a 1 million storage tank, construct a 16" transmission main, and incorporate other miscellaneous improvements as outlined in the map, plan, and report, such as the installation of variable frequency drives, and all raw, unfinished water pumps, and the construction of a new, high lift pumping station within the proposed filter building. The Town Board of the Town of Queensbury also determines that it would be appropriate and in the public interest to acquire additional lands as previously described in the resolution calling for the public hearing and to incorporate, as necessary, any design measures that may be advisable or needed to address the potential PCB issues that have been previously raised by reason of the contamination on the property owned by Niagara Mohawk upstream from the Water Treatment Plant. 2) that the Village of Hudson Falls is interested in participating in the Water Treatment Plant Expansion and that the Town should pursue arranging for that participation, but in the meantime, until that agreement can be reached, or, even if the agreement cannot be reached and the Village does not join with the Town on the Water Treatment Plant Expansion Project, it is appropriate to continue to proceed with the plans for expansion of the aforesaid Water Treatment Plant, acquire additional lands therefore, construct additional water storage facilities, and perform all such tasks more specifically described in the map, plan, and report, as amended June 17, 1994; and BE IT FURTHER, RESOLVED, based upon the map, plan, and report provided by O'Brien & Gere Engineers, Inc., the evidence and information received at the aforesaid public hearing, it is hereby found and determined to be in the public interest: 1) to provide for the aforesaid increase and improvement of the facilities of the Queensbury Consolidated Water District, together with the acquisition of land as described in the preambles hereof, at an estimated cost of $13,228,000, and the same is hereby authorized. 2) to apportion the capital construction costs associated with the proposed improvements to the Water Treatment Plant, land acquisition, and other improvements to facilities, as more specifically set forth in the map, plan, and report, on an ad valorem basis for all affected districts and/or extensions, such that each district or extension contributes or is taxed for the aforesaid costs according to the assessed value of property within the same from time to time, and that the operation and maintenance charges thereafter incurred annually, equally, and proportionately shared among the affected districts and/or extensions in the manner similar to the costs associated with the aforedescribed expansion project, and the amount so proportioned, shall be levied and collected in each district and/or extension, as provided in Town Law ~202 and ~202-a, and that the Town Attorney shall draft written agreements between the Queensbury Consolidated Water District and all other districts and/or extensions, providing for apportionment as set forth herein; and BE IT FURTHER, RESOLVED, 1) that definite plans and specifications and a careful estimate of the expense of the aforesaid improvement are hereby directed to be prepared by O'Brien & Gere Engineers, Inc., working with the Water Superintendent and the Town Attorney, and the same shall be submitted to the Town Board for examination and approval. The cost of said definite plans and specifications shall be paid for from the Consolidated Water District Capital Projects Fund. 2) The Town Supervisor, working with the Town Attorney, shall arrange for the acquisition of the real property previously described herein, and the Town Supervisor is hereby authorized, directed, and ordered to execute any and all documents that may be necessary to acquire the properties aforedescribed, and take such other and further actions as may be necessary to acquire the same, including the placement of the Town's seal on any documents as may be required, and arrangement for payment of the same from the account of the Consolidated Water District, which account shall be appropriately reimbursed for the proportionate share of other water districts and extensions and the Village of Hudson Falls, should a final agreement for participation in the project, be approved; and BE IT FURTHER, RESOLVED, that it is the intent of the Town Board to reimburse monies expended from current funds pursuant to and by virtue of this Resolution from the proceeds of the sale of Bonds and/or Bond Anticipation Notes, and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. Duly adopted this 11th day of July, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None Councilman Monahan-Tony when do you see this going out to bid? Mr. Geiss-Will be working with the Water Dept. tomorrow on scheduling...time for bid late this year or early next year to allow construction to start in next construction season... RESOLUTIONS RESOLUTION CONCERNING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND MR. SCOTT MCLAUGHLIN RESOLUTION NO. 337.94 INTRODUCED BY: Supervisor Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury and Mr. Scott McLaughlin entered into a certain Agreement, executed by the Town on or about May 24, 1994, and by Mr. McLaughlin on June 3, 1994, and WHEREAS, the aforementioned Agreement provides Mr. McLaughlin with a temporary right -of- way for purposes of ingress and egress by vehicle, equipment, machinery and on foot across the lands of the Town of Queensbury adjoining Ridge Road and leading to the lands of Scott McLaughlin, in return for certain consideration, and WHEREAS, from a review of the Agreement, the same would appear to be terminated by virtue of the lapse of 30 days from the date the Agreement was executed, and WHEREAS, regardless of the termination of the Agreement, it is necessary for the Town to begin closure of the Landfill, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines, in the first instance, that the Agreement is terminated and, in the second instance, determines that the right -of-way must be closed to Mr. McLaughlin, in any event, in order to proceed with Landfill closure construction as it is anticipated that a bid will be awarded during the next couple of weeks, and BE IT FURTHER RESOLVED, that the Town Attorney is hereby authorized and directed to advise Mr. McLaughlin that the Town considers the temporary right-of-way granted in the aforementioned Agreement terminated. Duly adopted this 11th day of July, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING AND APPROVING LETTER ISSUED BY TOWN SUPERVISOR RESOLUTION NO.: 338.94 INTRODUCED BY: Mr. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Dr. R. George Wiswall WHEREAS, the Town Supervisor for the Town of Queensbury, after consultation with the Town Board, drafted a letter and sent the same to Ms. Arlyne Ruthschild concerning termination of employment as Records Management Clerk, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby ratifies and approves the letter as submitted at this meeting. Duly adopted this 11th day of July, 1994, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES Mr. Caimano ABSENT: None RESOLUTION OF APPOINTMENT RESOLUTION NO. 339.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Dr. R. George Wiswall WHEREAS, the Town Board of the Town of Queensbury is desirous of appointing Barbara Howe to the part-time Senior Citizens clerical assistance position, effective July 12, 1994, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Barbara Howe to the part -time Senior Citizens clerical assistance position, effective July 12, 1994, at a rate of pay of $10.2163 per hour, and BE IT FURTHER RESOLVED, that the hourly wages paid to Barbara Howe shall be from the appropriate Town of Queensbury Payroll Account. Duly adopted this 11th day of July, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ROAD DEDICATION RESOLUTION NO.: 340.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury is considering the acceptance of a portion of Hunterbrook Lane, offered for dedication by Bay Associates, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which required environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Clerk is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 11th day of July, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT None Discussion held-Councilman Pulver-Questioned if the $6,000 was in escrow. Attorney Dusek-Yes. RESOLUTION APPROVING TERMINATION AND RELEASE OF AGREEMENT AND RESERVATION IN DEED RESOLUTION NO.: 342.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury previously conveyed certain land to the Pyramid Company of Glens Falls, and at the time of conveyance, excepted and reserved to the Town, 100,000 cubic yards of sand, delivered, or the cash equivalent thereof, and WHEREAS, Pyramid has performed, in full, all of its obligations under the agreement and has satisfied all conditions for the termination and release of the agreement and the release of the reservation set forth in the deed, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Termination and Release of Agreement and Reservation in Deed presented at this meeting, as well as the information set forth in the Combined Real Property Transfer Gains Tax Affidavit, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized, directed, and ordered to execute the Termination and Release of Agreement and Reservation in Deed, as well as the Combined Real Property Transfer Gains Tax Affidavit, on behalf of the Town of Queensbury and arrange for the distribution and filing of the same as may be appropriate. Duly adopted this 11th day of July, 1994, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES None ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW TO ESTABLISH NO PARKING ON A PORTION OF AVIATION ROAD IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 343.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a Local Law which would provide for no parking on the north side of Aviation Road from Manor Drive, west to Fox Farm Road; and on the south side of Aviation Road from Potter Road, east to Midnight Drive, in the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to the Town Law, Vehicle and Traffic Law, and the Municipal Home Rule Law of the State of New York, and WHEREAS, before the Town Board may take action with regard to the proposed Local Law, it is necessary to conduct a public hearing on said proposed Local Law, NOW, THEREFORE, BE IT RESOLVED, that the proposed action is determined to be a Type II Action under the rules and regulations of the New York State Department of Environmental Conservation relative to SEQRA, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York at 7:00 p.m., on the 1st. day of August, 1994, to consider said proposed Local Law and to hear all persons interested on the subject matter thereof concerning the same and to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law in the manner provided by law. Duly adopted this 11th day of July, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Discussion held: Councilman Caimano-It should be noted that the no parking will extend on Aviation Road, from Manor Drive West to Fox Farm and on the South Side of Aviation from Potter East to Midnight. Discussion held: Director of Building and Codes-Mr. David Hatin-Re: Stone Crest Inn (passed out pictures of the property) complaint issued by a Nancy Rashlaw who owns the adjoining property...noted this property is going through foreclosure, which is making it difficult to get an owner to commit to demolishing the buildings which is basically what action needs to be taken... Mr. Ralph Jameson is present who was the original owner of the property, Mary Mitchell is the woman who is purchasing it from him and he is foreclosing against, he does not technically own the property at present. Mr. Ralph Jameson-Noted he has been trying to foreclose for a year. She has agreed better than two years ago to take those sheds down, right here at the Planning Board Meetings. Noted the buildings had been boarded up... RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY OWNED BY MARION MICHELLE IS UNSAFE - TAX MAP NO. 110-7-3 RESOLUTION NO. 344.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Mr. David Hatin, of the Building & Code Enforcement Department of the Town of Queensbury, has advised that he has investigated and inspected certain property identified as The Old Stone Crest Inn, and outbuildings, located at the intersection of Highland Avenue and River Street, Town of Queensbury, and bearing tax map no. 110-7-3, and has made findings as more specifically set forth in a letter dated June 22,1994, a copy of which is presented to this meeting, and WHEREAS, Mr. David Hatin advises the Town Board of the Town of Queensbury that, in his opinion, the outbuildings and The Old Stone Crest Inn on the property present a hazard and a nuisance to the neighborhood and are unsafe to the general public and has asked the Town Board of the Town of Queensbury to take action to order the Old Stone Crest Inn repaired and the outbuildings demolished and, in the interim, have the property secured if the property owner fails to board up the buildings, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury, the Town Board may, by resolution, determine whether, in its opinion, the structures are unsafe and dangerous and thereafter order their repair or demolition and removal and further order that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the property and structures thereon, bearing tax map number 110-7-3, appear to be: 1. Presently unsafe and dangerous; 2. Potentially an object of attraction and danger to minors; and 3. Unfit for the purposes for which they may be lawfully used, and BE IT FURTHER RESOLVED, that the Director of Building & Codes be and hereby is authorized to serve a Notice upon the owner(s) of said property, said Notice being in substantially the form presented at this meeting and generally providing: 1. A description of the premises, 2. A statement of particulars in which said structure thereon appears to be unsafe and dangerous, as set forth in Mr. Hatin's letter, 3. The Town Board feels, based on current information, that the Old Stone Crest Inn and the outbuildings should be immediately boarded up to prevent entry and thereafter The Old Stone Crest Inn repaired and the outbuildings demolished within 60 days of receipt of this Notice, unless good cause is shown by the property owner or other interested persons whereupon the time shall be extended by the Town Board of the Town of Queensbury, 4. Unless an emergency condition is demonstrated, which may require action sooner, the Code provides that repair and/or demolition of said structures must be commenced in 30 days of receipt of this Notice and be completed within 60 days thereafter, unless good cause is shown by the property owner whereupon the time shall be extended by the Town Board of the Town of Queensbury, 5. That a hearing before the Town Board of the Town of Queensbury, in relation to the dangerous or unsafe condition of the property shall be held on July 18th, 1994, at 7:00 p.m., in the Queensbury Activities Center, or not less than five (5) days from the date of service of this said Notice, whichever date if later, 6. That, at the hearing, the Town Board will also consider whether there is a clear and imminent danger to the life, safety or health of any person or property unless the buildings are immediately closed, repaired or demolished, as set forth herein, and whether to authorize the Director of Building & Codes to immediately repair, demolish or close and board up the premises and thereafter assess any charges to the real property as per ~68-11 of the Code of the Town of Queensbury. 7. In the event that there is neglect or refusal to comply with the order of this Board to repair and/or demolish the structures located on said property, the Town Board is authorized to take action to have the property secured and to assess all expenses thereof against the real property on which it is located, and to institute special proceedings to collect the cost of said action, including legal expenses. and BE IT FURTHER RESOLVED, that service and filing of the Notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury. Duly adopted this 11th day of July, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 345.94 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 moves into the Queensbury Board of Health. Duly adopted this 11th day of July, 1994 by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR IVAN BARSUKOFF RESOLUTION NO.: 1,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury to issue variances to such Ordinance, and WHEREAS, Ivan Barsukoff has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Sewage Disposal Ordinance set forth in Section 3.050-5, such standard providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. (a) Water service and sewer lines may be in the same trench if cast-iron sewer with lead-caulked joints is laid at all points eighteen (18) inches below water service pipe; or sewer may be on dropped shelf at one (1) side at least eighteen (18) inches below water service pipe, provided that sewer pipe is laid below frost with tight and rootproof joints and is not subject to settling, superimposed loads or vibration. Water service lines under pressure shall not pass closer than ten (10) feet to a septic tank, absorption tile field, leaching pit, privy or any other part of a sewage disposal system. and WHEREAS, Ivan Barsukoff has indicated a desire to have the existing water service line 8' 8" from the seepage pit, rather than at the mandated 10' distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 1st., 1994, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Ivan Barsukoff to have the existing water service line 8' 8" from the seepage pit, rather than at the mandated 10' distance, on property situated Lot # 13, Mountain View Mobile Home Park, Aviation Road, Queensbury, New York, and bearing Tax Map No.: 82-5-19, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 11th day of July, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None Discussion held: Councilman Caimano-Questioned the reason the variance was being sought? Mr. Hatin- Due to the property size he could not meet the set backs. DISCUSSION TOOMEY PROPERTY SUNNYSIDE ROAD Director of Building and Codes Mr. David Hatin-Re: Toomey Property, Kevin did put up a cloths line rope across the property with posted signs that are not signed by anybody so I do not know if they are legally posted but that is the extent of what has been done. Mr. Toomey-We have no problem in fencing that area off, it is just a time frame thing, I need a little bit of time to do it. Also, I would like to make you aware that although these are not signed or Warren County posters last year they were, the Sheriffs Dept. was notified that anyone in there that was not supposed to be was to be removed. It has been continually raked and cleaned up and mowed and maintained, both family and friends have been enjoying the area and we submit that unauthorized use has been minimal. Councilman Caimano-Noted the first resolution was August of 91, thereafter Sept. 23, 91' which said the previous requirement concerning fencing would be modified to indicate that the fencing already installed on the property would be sufficient to comply with the terms and provisions...! do not think the Town is being unfair here, this is 94'. Councilman Monahan-Noted there was a fence but people have ripped it down. Mr. Toomey-There was a fence up prior to the beginning of this summer. Supervisor Champagne-This was the result of some complaints from some neighbors, we are trying to make it even for everybody. Mr. Toomey-I can understand your situation, I think there is some level of misunderstanding as far as the usage and who is down there and whether it is authorized or not. I cannot sit here and say that everyone that is down there is authorized but those who aren't are minimal. Supervisor Champagne-Have you found it to be littered in any major way? Mr. Toomey-No. Councilman Monahan-Noted she was one of the nearest neighbors and frankly I have seen nothing going on there that has been offensive. Councilman Pulver-Requested Mr. Hatin to state what exists at the property... Mr. Hatin- The property is wide open as it was before, there is some minor litter, the property is unfenced and it was not posted, there is access to the old steel structure. Councilman Caimano-Do you have a recommendation... Mr. Hatin-Suggest a split rail type fence...something that would withstand the snowplows...also suggested placing 6x6 posts six feet apart no cross rails, with posted signs... Mr. Toomey-Noted that they plan to post the property. It was the decision of the Town Board not to take action at this time...the Board noted he was to work out fencing with Mr. Hatin...and post signs... RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO.2, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Queensbury Board of Health hereby adjourns and the Queensbury Town Board reconvenes its meeting. Duly adopted this 11th day of July, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None COMMUNICATIONS Communications read by Councilman Caimano -L TRS. FROM: Paul H. Naylor TO: Tom Flaherty Thanks again for the use of the backhoe on the Hidden Hills project, it expedited it to an early conclusion and thanks for the assist, as our departments have worked well together for the past thirteen years, even tho others may think we don't. -Ltrs. FROM: Paul H. Naylor TO: Jim Coughlin Thanks for the use of the compactor on the Peggy Ann Road job. As usual our departments work very well together and have for the last thirteen years I know of. Its just the rest of the world that don't seem to think we work well together. OPEN FORUM Attorney Mike O'Connor-RE: Land proposal in lieu of Recreation Fee from Mr. Cerone...First presentation in January....The Subdivision Plat has been signed by the Planning Board Chairman, it has been filed with the County Clerk and we have constructed a road, the road will be before the Board by the end of the month...a building permit has been issued that faced a Town Road, a second building permit has been issued and is near completion.... Councilman Monahan-The Town Board has walked the property and have compared our recommendations to the Recreation Commission, there are several pieces we did not agree with the Recreation Commission, we have asked the Recreation Commission to give us a run down of why they made their decisions and Mr. Martin is preparing a map for us to show how these tie in with lands that the Town already has...next Monday night you will have an answer. Attorney O'Connor-In view of certain case law what is the possibility of you simply terminating this section? Councilman Monahan-I do not think we are prepared to discuss that yet... Attorney O'Connor-For the record I am frustrated, it should not take this long for the process to work and people are being abused. Councilman Monahan-I agree with you Mike, that is why we are to get criteria set in place so that these are opinions that are made with criteria not like they have been being made in the past. Attorney O'Connor-This has been before the Zoning Board of Appeals twice, both times the resolutions that come from the Zoning Board of Appeals had a strong recommendation to all Boards that the vacant land 24 acres be accepted and not be developed further, to be accepted as open space for recreation purposes. The Planning Board in its approval recommended it, I know Mr. Martin has recommended it I know that the Recreation Board has recommended it and I just do not understand why we go from January until mid summer. Councilman Monahan-Monday night you will have your answer. Mrs. Barbara Bennett-Queensbury-Asked if the Board would look into getting another location for the Farmers Market...discussed with the Board the parking on the side of the road creating a hazardous situation... Discussion held by the Board and it was agreed that this would be looked at in the revision of the Transient Merchant Law... Mrs. Bennett-What happened to the Fireworks at the West Glens Falls Fire House this year? Supervisor Champagne-The decided not to go it on their own, they did not have the manpower to provide the necessary requirements to do the fireworks... Mrs. Bennett-There has been Five thousand dollars put up to survey Glen Lake, doesn't that have to be done at the Board, don't you have to approve it? Councilman Caimano- That was done at a public meeting. Councilman Monahan-We have established a Glen Lake Watershed management area and it will involve the whole area that drains in what is called the Glen Lake Water Shed. The testing that the Town is paying for is the tributary testing around there, the Glen Lake Assoc. itself is having the lake tested. Mr. John Salvadore-Asked for a copy of the demand curve that was mentioned during the Water Treatment Plant Expansion presentation... Councilman Caimano- W e can get it from the Water dept. Mr. Salvadore-Re: $10,000 grant from the Lake George Park Commission to the Town of Queensbury for storm water study...requested that Dunhams Bay be included. Supervisor Champagne-We were asked by the Lake George Park Commission to submit a request and we did this and that is as far as it has gone...they are asking for Queensbury to develop a model for storm water management in the shores in and around the southern basin... Mr. Salvadore-This summer the Town was to take some water sampling on the waste disposal system for the Harris Bay Yacht Club...what is going on? Councilman Monahan-Mr. Martin is working on a request for proposals to run it by various people to see if it covered what it should, when that RFP is approved Jim will send it out and get it underway. Councilman Pulver-Presented Mr. Salvadore with some documents from the Assessment Dept. Re: Exempt properties Town Highway Supt. Paul Naylor-Spoke to the Board regarding his paving schedule, noted he had been held up because of some gas lines...Questioned if Greenway North could be paved, are the sewers going on Route 9 or Greenway North... Supervisor Champagne-Noted he felt the sewers would be running on Route 9. Councilman Wiswall-Noted Greenway North could wait until next paving year... Councilman Pulver-Noted she had a complaint regarding Peggy Ann Road, the entrances off Peggy Ann to Wintergreen.. . Highway Supt. Naylor-Those areas will be smooth out and flat... Supervisor Champagne-Bikers have asked that you expand the shoulders to accommodate ... Highway Supt. Naylor-The road will be 30' wide with 12' travel lanes so there would be 3' shoulders...referred to as an extended shoulder... RESOLUTION ADJOURNING MEETING RESOLUTION NO. 346.94 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 the meeting. Duly adopted this 11th day of July, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk July 11, 1994 DISCUSSION TOOMEY PROPERTY, TAX MAP #54.-3-20, SUNNYSIDE ROAD Mr. David Hatin, Director of Building and Codes Enforcement-Mr. Toomey and his son Kevin are here tonight also. I inspected the property this afternoon, Kevin did put up a cloths line rope across the property with posted signs that are not signed by anybody so I don't know if they are legally, if the property is legally posted or not but that is the extent of what has been done so far. Supervisor Champagne-Where do you want, where do you want to go with it, Kevin? Mr. Kevin Toomey-Well we really have no problem in fencing that area off, it's just kind of a time frame thing. I'm going to need a little bit of time to do it. And Also, you know, I would like to make you aware that although these are not signed or Warren County posters, last year they were, the Sheriffs Department was notified that anyone in there that wasn't supposed to be, was to be removed. It has been continually raked and cleaned up and mowed and maintained. Both family and friends have been enjoying the area and we submit that unauthorized use has been minimal. Councilman Caimano-Dave, is there fencing on there now? Mr. Hatin, Director-No. Councilman Caimano-Well that's just, you say it's, time is of the essence for you and yet I'm looking at a piece of paper that's says the first resolution was on August 91, thereafter there was a 23, September, 91 at which time it says that the previous requirement concerning fencing would be modified to indicate that the fencing already installed on the property would be sufficient to comply with the terms and provisions of the order. So I don't think the town is being unfair here, 91 and this is 94, isn't it? Councilman Monahan-There was fencing put up but people have ripped it down. Councilman Caimano-Okay. Mr. Toomey-There was fence up prior to this summer, the beginning of this summer. Councilman Caimano-Okay, that's what I wanted to find out, there seemed to be a discrepancy there. Councilman Monahan-Either the people did or snowplows, I'm not sure which. It may have been a little bit of both. Supervisor Champagne- Well this is the result obviously of some complaints that we've had from the neighbors over there. Mr. Toomey-Well this Supervisor Champagne-And we're trying to just, you know make it even for everybody here. Mr. Toomey-I can understand your situation, I understand what's happening but I think also there might be some level of misunderstanding as far as the usage and whose down there and whether it's authorized or not. I'm not going, I can't sit here and honestly say that absolutely everyone that is down there is authorized but those who aren't, are minimal. Now, I don't know if there's a misunderstanding or something with whoever has the problem with it down there that they don't fully know. Supervisor Champagne-Have you found it to be littered in any major way? Mr. Toomey-No. Supervisor Champagne-It hasn't been a problem? Mr. Toomey-No. Well maybe a soda can or a coffee cup or cigarette pack or something but not, no. Like I say, I've actively been, you know, cleaning it up and Councilman Monahan-I'm probably one of the nearest neighbors to that pavilion, my daughter is the other one and frankly I've seen nothing going on there that's been offensive. I haven't seen litter. I walk it once and a while, take a look of the view out from there at the sunset and stuff, I haven't seen a great deal of litter. I really don't know what the complaint is to be honest with you from anything I've seen. I'm sure there's some kids stopped there at night. I mean, I hear a little noise those hot nights but you know, they're going to do that any place. And I know some people fish off it, whether or not with or with Kevin's permission. Other then that, I haven't seen anything go on down there except you guys using it, etcetera. Councilman Caimano-Do you have any recommendation, Dave? Councilman Pulver-Well, wait, I just want to ask this question. I'm reading this resolution and I'm confused. I don't know where the property is and I haven't been there but it says Dave Hatin, Director of Building and Codes Enforcement has advised the Town Board that circumstances similar to that which exist at the time the Town Board adopted it's original order again now exists on the property. Well, I never even had a note from Dave Hatin so Supervisor Champagne-Oh this goes way, this goes back to this, the resolution Councilman Pulver-But that's this, no, no, that's this resolution right here saying that he has advised again that the circumstances exist and now I'd like Dave to tell us what exists there. What exists there? Mr. Hatin, Director-Well basically it depends on what you're looking for Carol. The property is wide open as it was before. As Kevin said, there is some minor litter. It's not, when I originally went there, there was garbage, you're talking a drum dumped in the lake. I mean that condition doesn't exist but the property is unfenced, it was open, easy access for anybody who wanted to drive in there or you know, walk in there and it wasn't posted and those were the conditions that existed when this became an issue before. So and there was access to the old steel structure which concerned the previous board in 1991, about somebody getting on that old structure and falling off and getting injured. Councilman Caimano-Well I'll go back to my question, do you have a recommendation? Mr. Hatin, Director-I suggested to Kevin when Fred had originally brought this to me that possibly we'd go with a split rail type fence, something that would be permanent. It would be four by four post in the ground, maybe some five quarter by six boards nailed across it. Something that would withstand the snowplows, the snow in the winter time, something that he wouldn't have to go back and repair every year but would also serve as a permanent barrier. Councilman Caimano-Is that okay with you? Mr. Hatin, Director-And I don't know if that's Councilman Monahan-Dave, I don't think that will withstand the snowplows because where that road is today and you know, I'm familiar with this because my Dad built the building, the original building, where the steps are going up to that platform is probably on county land and unless Kevin can put that fence back deeper into that lot, that where those steps are, I think a snowplow is going to break it next year. Councilman Caimano- Then what's your recommendation? Councilman Monahan-As I said, to me it's been no problem at all to be honest with you. I realize why it should probably be fenced and stuff. If he's going to put up a split rail fence, I think he ought to be allowed to put it in deeper. Wouldn't you, Kevin so that the plows don't take it down? Mr. Toomey-Well the disadvantage to that is, if it goes into too far Councilman Monahan-It's going to wreck any beach area you can use. Mr. Toomey-It's going to destroy any usage of the area. Councilman Monahan-Yea. Mr. Toomey-And it's also going to open it up for more parking along the road which isn't really there now. Councilman Monahan-But then, I mean you're willing to take a chance that the snowplows, downing it? Mr. Toomey-I suppose I'll have to. Mr. Hatin, Director-The only other thing I can suggest is maybe some six by six posts... about every six feet apart so you can't drive a vehicle between them and that way it would allow people to walk through them but would keep vehicle access out of there and maybe put some postage signs up. Those I don't think would get knocked over by a snowplow if you sunk them in the ground quite a ways. Councilman Monahan-Actually, I haven't seen too many vehicles in there, have you? Mr. Hatin, Director-I was there a couple of weeks ago and there was one in there. Councilman Monahan-Was there? Fishing? Mr. Hatin, Director-They were swimming and fishing. Councilman Pulver-Well, this is a vacant parcel? Mr. Hatin, Director-Yes. Councilman Pulver-Okay, and people at, use this to access the lake? Mr. Toomey-Well let's make sure there's a clear view of this. I live very close, family and friends are by many times, numerous times if not myself daily. I'm very close to it so it's not a vacant parcel that sits off unattended. Councilman Pulver-Okay so it's a, well, my question is that we have other unattended parcels in this town and we don't make people put fences around them and post them and if there's no garbage and no litter, I don't understand why we've got this. I mean, I haven't even seen your property but Mr. Toomey-Well that's, also, I really don't understand it at this point either. Councilman Pulver-I feel we need to be even handed with everybody. If we're going to make you fence your property, then I can think of a couple of neighbors that are going to have to fence their property and they've got garbage on it because somebody just threw a bag out their window, you know, so Mr. Hatin, Director-Can I make a suggest here that, this all came about because Fred's Office, I assume received a complaint. He brought it to me with the original, and we dug out a copy of the original order, that basically becomes binding on the Toomey family because it was a board resolution. So if this board wants to modify it, I think you certainly have that allowance. Councilman Caimano-Well, the closest, apparently the closest neighbor who sits on the other end of this board has no complaints, my suggestion is that we take no action. Supervisor Champagne-Fine with me. Councilman Monahan-I mean, you know, whether or not there is a problem with the steel... structure there that somebody could get on and I think you ought to cover that or do something with that because there are steel I -beams there from the fire that are just, you know empty spaces in between. Councilman Caimano-Ifyou have no complaints then Mr. Toomey-Well, we do intend to, one way or another intend on posting it and whatever, regardless of what your decision may be. Councilman Monahan-I think you need to for your own protection. Supervisor Champagne-I think there's a liability situation there. Councilman Pulver -Well I think he has to be in charge of his own property. Councilman Monahan-And I think you need to keep kids off of that steel thing. Supervisor Champagne-The only thing is, we've got a resolution on the books, Carol. There is a resolution on the books. Councilman Pulver-Well he's complied. Councilman Monahan-Alright, but the resolution, okay, let's look at this resolution. Let's look at the resolution. Councilman Caimano-Go ahead. Councilman Monahan-Alright, clean up food and garbage on the property not later then noon on Tuesday, August 29th, 1991. That was done Councilman Pulver-Right, he must have complied with that. Councilman Monahan-Yea. Post a minimum of five no trespassing signs. He did do it and people have taken them down. I'm assuming Kevin is willing to put five more back up. Mr. Hatin, Director-There's probably five there now. Councilman Monahan-Fence the entire property with snow fence or other fence of his choice to prohibit public access. He said he's willing to put another fence back up. As far as the fecal count, there's been no problem that I know of. The concern was then that alot of the people were using it, leaving trash behind, they were throwing dirty diapers there, all that kind of stuff. I don't see any of that happening there now. Mr. Toomey-No it hasn't been. Councilman Monahan-So that is not an item. Supervisor Champagne-Well let's leave it at that. Councilman Monahan-So you know, I think if he puts up no trespassing signs up and puts a fence up. Mr. Hatin, Director-Okay, is this board requiring a fence or is that up to Kevin. Mr. Toomey- Yea, I'd like to be clear on that too. Mr. Hatin, Director-Because I don't want to Councilman Caimano-I think the resolution asks you to put a fence up and the fence was taken down. It doesn't relieve you of the responsibility of the resolution, does it? Councilman Pulver-Well I don't know, how many times does he have to put it up? Councilman Caimano-I don't know, that's up to him. Mr. Toomey-It was up until this summer, you know, I mean is it Supervisor Champagne-This was a, if memory serves me correctly, this was an orange colored plastic construction fence. Is that what I remember seeing there? Councilman Pulver-Snow fence? Mr. Toomey-That was up temporarily in part of it and then I, we put up a green mesh fence with steel posts. Supervisor Champagne-Okay, and that got torn down too? Mr. Toomey-From then until this, the beginning of this summer, yes. Supervisor Champagne-Would you be willing to put up another green mesh fence? I mean some way, some how, you really want to get the resolution off the books. Mr. Hatin, Director-That's my concern, that's Mr. Toomey-What I would like to see you do is, I intend on closing it off some how. What I would like to see you do is to remove the resolution from the books. That's what I would like to see, personally. Councilman Monahan-I think one thing you have to do, Kevin because it is a hazard, you got to do something about those steel beams that kids could walk and fall through. I mean plywood it or something because that is a danger there because you can't keep kids out of there, you won't keep them out. Councilman Pulver -Yea but Betty, should we, if that's on his property, that's his worry and he better have insurance to cover himself if somebody gets on that property and steps on that, whatever it is. Councilman Monahan-Except Councilman Pulver-People can fall, can come to my house at any time, probably fall on my sidewalk which is a pretty normal looking sidewalk but they can create a hazard out of it and sue me. Councilman Monahan-And I agree with you Carol except this was a result of a fire and this part of the structure was left. Supervisor Champagne-The problem is, we have a resolution on the books and we have to enforce that resolution. Councilman Caimano-Right, the only way you can do it is to enforce the resolution or rescind it. Supervisor Champagne-Now, if we're going to take the resolution and take it off the books, then it backs us out of the liability but right now, we do have a liability that we're not enforcing a code, a resolution that says this is the way it's supposed to happen. I Mr. Toomey-Well, I'll do whatever you, whatever you decide. Supervisor Champagne-I guess it would be my feeling that we go back to the original resolution Councilman Caimano-And comply with it. Councilman Monahan-Excuse me Fred, there was a second resolution that followed the one I read that just said the minimum of five no trespassing and then the fencing of, the shorter fencing. The one that's, resolution, November 30,8, 1991, that was the second resolution which did change the requirements. Councilman Caimano-Well whatever the final resolution was, that's what he should comply with. Supervisor Champagne-Put up the fence. You can work out a fence with Dave. Mr. Toomey-Now let me ask you this if Supervisor Champagne-Post the signs and we're set. Mr. Toomey-Okay, that's Councilman Pulver-How many times, though, I think maybe, yea if he's going to Councilman Caimano-Forever. Councilman Pulver-Maybe the resolution should be changed that he puts the fence up and somebody steals it, does he put it up again and then they steal it. I mean, how many times does he have to keep putting it up? How much of a burden are we going to put on him? Councilman Wiswall-Carol, you should go up and see the property. Councilman Pulver-I am, I'm not voting on this cause I haven't seen it but I'mjust questioning. Councilman Wiswall- Yea, because I've known the property for fifty years and played poker there with Betty's father many of night and Councilman Caimano-Did you win or lose? Councilman Pulver-Does it need to be fenced, George? Councilman Wiswall-Well the whole thing needs to be bulldozed and cleaned up, it would make a nice beach but Mr. Hatin, Director-Can I make a suggestion? Councilman Caimano-Shoot. Mr. Hatin, Director-Kevin and I just talked, the suggestion I made about putting posts in the ground every six feet, six by six post similar to what you see along side the roadway, on a guardrail without having the rail would keep the vehicular traffic out of there. If he posts, if he keeps the postage signs up and anybody trespasses would be Supervisor Champagne-I think that's fine. Mr. Hatin, Director-Rather then do a fence that's going to be knocked down year after year. That six by six foot post in the ground should last fifteen, twenty years. Supervisor Champagne-Keep it out of the way of Naylor's snowplows, that's all. Councilman Monahan-Naylor's snowplow doesn't plow it. Supervisor Champagne-Oh, that's right. Okay, what else do we need to do? Councilman Caimano- That's it. Supervisor Champagne-Pull the resolution. Mr. Toomey-Thank you. Supervisor Champagne-Thank you.