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1994-09-12 SPECIAL TOWN BOARD MEETING SEPTEMBER 12, 1994 4:00 p.m. MTG.#47 RES. 437-443 TOWN BOARD MEMBERS Supervisor Fred Champagne Councilman Betty Monahan Councilman Dr. R. George Wiswall Councilman Nick Caimano Councilman Carol Pulver Supervisor Champagne-Opened the meeting. RESOLUTIONS Discussion regarding Benefit Tax Roll-Central Queensbury Quaker Road Sewer District... Director Waste Water Mike Shaw-Spoke to the Board regarding the benefit tax roll...presented the Board with the proposed roll.. a decrease of $1.35 a point in 1995. in residential rate a decrease of $4.05 per point...no classification change in the roll... Supervisor Champagne-Spoke to the Board... lower costs by using fund balance of $9385.00 and going from a BAN to Bond... Director Mike Shaw-Spoke to the Board on increase in users, being new businesses in the Queensbury Plaza and several new restaurants in the area...when Walmart comes in that will also help... RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF PROPOSED BENEFIT TAX ROLL FOR CENTRAL QUEENSBURY QUAKER RD. SEWER DISTRICT RESOLUTION NO.: 437.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury, working through the Superintendent of Waste Water and the Town Attorney's Office, has developed a basis for the Benefit Tax Roll for the Central Queensbury Quaker Road Sewer District, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Superintendent of Waste Water to file a proposed Benefit Tax Roll consistent with the formula and basis presented at this meeting, with the Town Clerk of the Town of Queensbury on September 21, 1994 and the Town Board further notes that a subsequent resolution setting a public hearing will be adopted at the next regularly scheduled Board Meeting, for the 1995 benefit roll. Duly adopted this 12th day of September, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Attorney Dusek-Noted this was only accepted for filing another resolution will be forth coming to set a public hearing on the roll. RESOLUTION CALLING FOR A PUBLIC HEARING ON THE INSTALLATION OF AN INTERCONNECTION FOR THE WEST GLENS F ALLS WATER DISTRICT RESOLUTION NO. 438.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously received information concerning the West Glens Falls Water District's water problems from the Superintendent of Water, Thomas Flaherty, and received a copy of a letter from the State Department of Health, dated August 22, 1994, which advised that, based on bacteriological information reported to the Department of Health, action needed to be taken, including a public health notice and the retention of the services of an engineer to prepare and submit to the Health Department a study which would define the problem, list alternatives to correct the problem and provide a feasibility rationale and selected alternative, together with a schedule for design and problem correction, and WHEREAS, a boil water notice was authorized and issued for the West Glens Falls Water District as a result of the above referred to information, and the Town Water Superintendent has advised that such notice must continue until such time as a solution to the problems described above has been put into place, and WHEREAS, the Town Water Superintendent has advised that it is necessary for businesses located within the District to bring massive quantities of water to their establishments at a significant expense, and that the same also constitutes a significant burden on persons residing within the area in that water must be either boiled or imported for human consumption, and WHEREAS, the Town Water Superintendent has advised that tests also indicate that there is a concern about sufficient water pressure for fire and emergency use, and WHEREAS, the Water Superintendent has advised that the construction of an interconnection between the West Glens Falls District and the Queensbury Consolidated District and the utilization of the Queensbury Consolidated District as the source of a water supply (as opposed to the City of Glens Falls water supply) will most likely be the recommended permanent solution, together with suggested improvements to transmission lines and other facilities, and WHEREAS, the Water Superintendent has also advised that, upon considering cost, practicality and expediency, a reasonable short-term solution is to install an interconnection between the West Glens Falls Water District and the Queensbury Consolidated Water District lines and allow the Queensbury Consolidated Water District to supply water to the District, and WHEREAS, the Town Board of the Town of Queensbury has, in addition to the foregoing, received a letter form report from O'Brien & Gere Engineers concerning the above referred to problems experienced by the West Glens Falls Water District and said letter also sets forth the recommendation that an interconnection between the West Glens Falls District and Queensbury Consolidated District be considered, and WHEREAS, the Town Board of the Town of Queensbury, after careful review of this matter and, after hearing testimony from the Water Superintendent, determined that the situation is serious and warranted a resolution as quickly as possible and warranted the use of any appropriate procedures that would allow the resolution of the problem as soon as possible and has authorized the work as the Local Board of Health, and WHEREAS, the purpose of this resolution is to allow the Town Board to take such steps and proceedings that may be necessary or required to authorize the proposed improvement as a District expense, NOW, THEREFORE, BE IT RESOLVED, that the Town Board shall use the letter and report from O'Brien & Gere and the information provided by Thomas Flaherty as the report for purposes of proceeding to a public hearing, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury acknowledges that the most reasonable and expeditious solution to the problems experienced in the West Glens Falls Water District would be the construction of an interconnection between the West Glens Falls Water District and the Queensbury Consolidated Water District, allowing use of Queensbury Consolidated Water District water, and has authorized the same as the Local Board of Health and this resolution is for the purpose of causing the expenditures incurred to be assessed against the district, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury acknowledges that the proposed improvement of an emergency water connection is estimated to cost, including engineering and construction fees, approximately $9,000.00, and that this amount shall be the maximum proposed amount, and BE IT FURTHER RESOLVED, that the expense of constructing and maintaining an interconnection is proposed to be assessed and levied upon and collected from the several lots and parcels of and located within the West Glens Falls Water District, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury also acknowledges the report from the Town Water Superintendent that the emergency interconnection will also be used as part of the proposed ultimate solution and, therefore, funds expended for this emergency solution are proposed not to be spent simply for the emergency but, rather, will also be beneficial to the final solution, and BE IT FURTHER RESOLVED, that the Town Board considers the action about to be undertaken as an unlisted action under SEQRA, entitled to any provisions thereof that allow for emergency action, that a SEQRA review will be conducted after the hearing authorized hereby, and that the Water Superintendent, working with the engineers, shall prepare the appropriate EAF, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby calls for a public hearing on the report from O'Brien & Gere Engineers provided at this meeting and the recommendations of the Town Water Superintendent, as identified in this resolution and as also provided by way of testimony at this meeting, on the 3rd day of October, 1994, at 7:00 p.m., at the Queensbury Activity Center, 531 Bay Road, Queensbury, New York and BE IT FURTHER RESOLVED, that notice shall be published and posted and such hearings shall be held, all in a manner as provided by Town Law, Section 202B, and that the notice shall constitute this resolution with lead paragraph reading as follows: NOTICE OF PUBLIC HEARING FOR IMPROVEMENTS PROPOSED TO BE ASSESSED TO THE WEST GLENS FALLS WATER DISTRICT CONSISTING OF AN INTERCONNECTION FOR WATER SUPPLY FROM THE QUEENSBURY CONSOLIDATED WATER DISTRICT Notice is hereby given, as authorized and directed by the Town Board of the Town of Queensbury that a public hearing will be held by the Town Board on October 3rd. 1994, at the Queensbury Activity Center, 531 Bay Road, Queensbury, New York, at which time all persons interested will be heard concerning improvements proposed to be authorized pursuant to appropriate Town Law and General Municipal Law provisions and assessed as an expense to the West Glens Falls Water District, said improvements consisting of the construction of an interconnection between the West Glens Falls Water District and Queensbury Consolidated Water District to allow the provision of water from the Queensbury Consolidated Water District to service the West Glens Falls Water District, as more fully set forth in the resolution set forth below, and PLEASE TAKE FURTHER NOTICE that the maximum amount proposed and preliminary project cost estimate is $9,000.00 and that the expense of such project is proposed to be assessed against the properties in the West Glens Falls Water District, as are other expenses currently incurred by the West Glens Falls Water District, and PLEASE TAKE FURTHER NOTICE that additional information and/or details are set forth in a copy of the resolution provided with this notice and set forth herein below and that further information may be obtained by reviewing the engineer's report on file with the Town of Queensbury Town Clerk's Office during normal business hours. , and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that, after such hearing, and based on the evidence given thereat, the Town Board shall determine whether it is in the public interest to authorize the proposed improvements pursuant to the appropriate State Laws and assess the same against the West Glens Falls Water District, and BE IT FURTHER RESOLVED, that the Water Superintendent is hereby authorized to make such applications and seek such approvals from DEC and DOH and any other agencies as may be necessary for the interconnection of West Glens Falls Water District and Queensbury Consolidated Water District, and BE IT FURTHER RESOLVED, that Resolution No. 435, dated September 2, 1994, is hereby amended to the extent the same is inconsistent with the terms and provisions of this resolution. Duly adopted this 12th day of September, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None DISCUSSION ROUTE 9 SEWER DISTRICT: Attorney Dusek-Walmart started last year a map, plan and report was done and the public hearing was held and a resolution was adopted by the Town Board basically saying that we will authorize the district pending certain happenings: 1. You go through a permissive referendum 2. the proper approvals be sought from the other agencies 3. that the developers enter into an agreement with the Town concerning their contribution toward the district. Noted that we have received a check in the amount of $90,000 from Walmart which I gave to E.J. for deposit, they will construct the district and this will be consolidated to the Queensbury Dist. once it has been constructed. Councilman Monahan-Questioned if anyone else would be included in the District? Attorney Dusek-Long John Silvers and Pizza Hut. RESOLUTION AND FINAL ORDER APPROVING THE ESTABLISHMENT OF THE ROUTE 9 EXTENSION NO. 1 TO THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 439.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the existing Central Queensbury Quaker Road Sewer District, to be known as the Route 9 Sewer Extension No.1, and WHEREAS, a Map, Plan and Report has been prepared regarding the said proposed extension to the existing Central Queensbury Quaker Road Sewer District, such extension to service an area to the north of the existing district and on the westerly side of Route 9, such area consisting of those parcels or lots being identified as having tax map numbers 71-1-9, 71-1-03 and 71-1-05, with the boundaries of the proposed extension being more fully set forth herein and in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Town Clerk's Office in the Town of Queensbury and is available for public inspection, and WHEREAS, the Map, Plan and Report was prepared by Flint, Allen, White and Radley, engineers licensed by the State of New York, and WHEREAS, said Map, Plan and Report shows the boundaries of the proposed extension to the Central Queensbury Quaker Road Sewer District and a general plan of the proposed sewer system showing 1,880 lineal feet of extension of sewer main with necessary manholes, valveing, and laterals, if any, with it also being set forth further that the sewage disposal plant is proposed to be the City of Glens Falls Sewage Disposal Plant, to be used in accordance with the terms and provisions of an Agreement and the transmission mains of the Central Queensbury Quaker Road Sewer District shall also be used to transport the sewage from the said extension to the City Plant, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed sewer extension pursuant to Town Law, Article 12A, and consolidate the same with the Central Queensbury Quaker Road Sewer District pursuant to Town Law, ~206A, and WHEREAS, the said Town Board has considered the establishment of said extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, and WHEREAS, the said Town Board has also adopted a Resolution approving the extension of the District, subject to a permissive referendum, and WHEREAS, the Certificate of the Town Clerk required to be filed pursuant to Subdivision 4, Town ~209(e) establishes that no petition was filed requesting a referendum, and WHEREAS, the Town is desirous of adopting a final order extending the Queensbury Technical Park Sewer District, NOW, THEREFORE, IT IS RESOLVED, that it is the determination of the Town Board of the Town of Queensbury, that: 1. notice of said public hearing was published and posted as required by law and is otherwise sufficient; 2. it is in the public interest to establish, authorize, and approve the Route 9 Extension No. 1 to the Central Queensbury Quaker Road Sewer District, as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; 3. all property and property owners within said extension are benefitted thereby; 4. all property and property owners benefitted are included within the limits of said extension; 5. pursuant to ~206a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended, and IT IS FURTHER, RESOLVED, that: 1. The Route 9 Extension NO.1 to the Central Queensbury Quaker Road Sewer District be and the same is hereby authorized, approved and established in accordance with the boundaries and descriptions set forth herein and in the previously described map, plan and report, and construction of the improvement may proceed and service provided and subject to the following; a. of Health; the obtaining of any necessary permits or approvals from the New York State Department b. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 2. The boundaries of the Route 9 Extension NO.1 to the Central Queensbury Quaker Road Sewer District are as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows; BEGINNING at a point in the westerly bounds of New York State Highway Route 9 at the northeast corner of the lands conveyed to Herbert G. Sheinberg by deed dated June 22, 1977 and recorded in book 606 of deeds at page 594 being also the southeast corner of the lands conveyed to George W. Goetz and John R. Goetz by deed dated March 30, 1983 and recorded in book 652 of deeds at page 1010; running thence southerly along said bounds of Route 9 the following two courses and distances: (1) South 09 degrees, 49 minutes and 57 seconds East, a distance of 164.16 feet; (2) South 12 degrees, 58 minutes and 27 seconds East, a distance of 26.43 feet to the northeast corner of the lands of Mary R. Bodenweiser; running thence around the land of said Sheinberg the following five courses and distances: (1) North 86 degrees, 41 minutes and 57 seconds West, a distance of 139.77 feet; (2) North 14 degrees, 39 minutes and 57 seconds West, a distance of 4.81 feet; (3) North 88 degrees, 14 minutes and 17 seconds West, a distance of 172.67 feet; (4) North 06 degrees, 17 minutes and 03 seconds East, a distance of 195.74 feet; (5) South 84 degrees, 26 minutes and 56 seconds East, a distance of 259.16 feet to the point and place of beginning, Bearings given in the above description refer to the magnetic meridian as of 1966. and All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at the northeast corner of the lands conveyed to George W. Goetz and John R. Goetz by deed dated March 30, 1983 and recorded in book 652 of deeds at page 1010 at the southeast corner of the lands of National Realty and Development Corporation; thence running along the common line between said lands of Goetz and said National Realty & Development Corporation the following three courses and distances: (1) North 83 degrees, 39 minutes and 56 seconds West, a distance of 243.25 feet; (2) South 06 degrees, 10 minutes and 00 seconds West, a distance of 199.82 feet; (3) South 06 degrees, 11 minutes and 00 seconds West, a distance of 14.59 feet; thence running around said lands of National Realty & Development Corporation, the following eight courses and distances: (1) North 84 degrees, 42 minutes and 00 seconds West, a distance of 219.84 feet; (2) North 85 degrees, 19 minutes and 00 seconds West, a distance of 107.88 feet; (3) North 84 degrees, 19 minutes and 00 seconds West, a distance of 99.59 feet; (4) North 84 degrees, 45 minutes and 00 seconds West, a distance of234.60 feet; (5) North 05 degrees, 22 minutes and 00 seconds East, a distance of 967.48 feet to Weeks Road; (6) South 84 degrees, 23 minutes and 00 seconds East, a distance of 537.64 feet along said Weeks Road; (7) South 03 degrees, 55 minutes and 00 seconds West, a distance of 150.48 feet; (8) South 83 degrees, 10 minutes and 30 seconds East, a distance of 366.09 feet to Route 9 at the southeast corner of the lands of Ling; thence running along said Route 9 the following two courses and distances: (1) South 07 degrees, 20 minutes and 43 seconds West, a distance of 468.57 feet; (2) South 06 degrees, 47 minutes and 45 seconds West, a distance of 124.94 feet to the point and place of beginning. Bearings given in the above description refer to the magnetic meridian as of February 1966. 3. The improvements to be included and made a part of the extension shall consist of the purchase and installation of 1,880+I-lineal feet of extension of sewer main with necessary manholes, valveing, and laterals, if any, as more specifically set forth in the aforedescribed Map, Plan and Report prepared by Flint, Allen, White and Radley and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook-up; 4. All proposed construction shall be installed and paid for by the developer (including the cost payable to the City at the time of initial hook -up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications, and under competent engineering supervision; 5. The maximum amount to be expended for said improvement will not be greater than $90,000.00, said improvement cost to be paid by the developer and at no cost to the Town of Queensbury, the Central Queensbury Quaker Road Sewer District, or the proposed extension; The areas or properties a part of the extension, however, will be subject to the same cost for operation, maintenance and capital improvements as in the Central Queensbury Quaker Road Sewer District; 6. The method of apportioning costs is such that the Developer and/or Owner of the property which the extension will service, will pay the cost for engineering, installation of the sewer pipe, and necessary appurtenances and the initial capital charge payable to the City of Glens Falls for use of its sewage treatment plant. The extension will thereafter be consolidated with the Central Queensbury Quaker Road Sewer District and properties therein will be assessed taxes and/or pay user fees in the same manner and in the same amounts as similar properties are assessed or billed in the Central Queensbury Quaker Road Sewer District; 7. There will be no financing of the construction or installation cost for the proposed sewer extension and no amount shall be paid therefor by the extension, the Town of Queensbury or the Central Queensbury Quaker Road Sewer District, the developer being responsible for the same, as well as the charge payable to the City at the time of the initial connection of the sewer district; 8. In accordance with Town Law, Section 206A, all expenses of the Central Queensbury Quaker Road Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 9. Expenses occasioned after the creation of the extension shall be assessed, levied, and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies, and/or collections are made in the Central Queensbury Quaker Road Sewer District and such assessments shall be made on a benefit basis and/or user charge basis; 10. The Map, Plan and Report describing the improvements and area involved is on file with the Town Clerk of the Town of Queensbury and available for public inspection; and BE IT FURTHER, RESOLVED, that the Town Clerk shall cause a certified copy of this Resolution and Order extending the Central Queensbury Quaker Road Sewer District, and consolidating the said extension with the said district, to be duly recorded in the Office of the Clerk of the County of Warren, and cause a certified copy of this Resolution to be sent to the State Department of Audit & Control at Albany, New York, the Town of Queensbury Assessor's Office Zoning Office, and Waste Water Department, within 10 days of the date of adoption of this Order. Duly adopted this 12th day of September, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None RESOLUTION APPROVING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION - ROUTE 9, UMBRELLA AGREEMENT, RIGHT-OF-WAY AND EASEMENT RESOLUTION NO.: 440.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, there is presented at this meeting, copies of agreements proposed to be entered into between Wal Mart Stores and others including the Town of Queensbury in connection with the Central Queensbury Quaker Road Sewer District Extension, known as the Route 9 Sewer District Extension, and WHEREAS, the documents presented are the Sewer District Extension Agreement, the Umbrella Agreement covering certain aspects of said Sewer District Extension, and proposed right -of-way and easements to be granted to the Town of Queensbury for the said Route 9 Sewer District Extension, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Agreements and the right-of-way and easement, and hereby further authorizes the Town Supervisor to execute and place the seal of the Town on the same on behalf of the Town of Queensbury and to execute such other and further documents, including additional easements or documents necessary to cause the recording or filing of the same, in a form to be approved by the Town Attorney, as may be necessary, to carry out the terms and provisions of this agreement. Duly adopted this 12th day of September, 1994, by the following vote: AYES NOES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne None ABSENT: None Discussion held-Attorney Dusek-spoke to the Board noting that this also accepts all the easements that have been gathered by the developers with the consent of the owners... Attorney Mike O'Connor, the easements are Meadow Run Corp., Storytown Inc. , Bodenweiser, Pizza Hut and Sea Food Place, Goetz Brothers, and then Grossman and group...the easement will run to the Northern boundary line, the immediate members of the sewer district will be Pizza Hut and Sea Food and the Ames Parcel, Queen Diner and what will be Walmart. The other property owners have not at this time elected to become part of the district, they all have functioning septic systems on their property. We have a side agreement with Meadow Run and Storytown that we will immediately upon your acceptance of this extension make a separate application to you to accept their property within the district. Everyone else along the stretch will have laterals put in. Attorney Dusek-If one of these parcels wants to come in later they would have to file a map, plan and report and you would have to go through the proceedings to enlarge the district. DISCUSSIONS BAY ROAD SEWER Director of Wastewater Mike Shaw-Reported to the Board on the O'Brien and Gere Report on the Phase I, II and III of the proposed Bay Road Sewer District...Estimated costs-Phase I most immediate need area, Passarelli's Subdivision, ACC, Walker Lane, and Bayberry Drive...two million to establish line and pump station to ACC, estimate a 20 year bond at 7% with principal and interest payments of $190,000 per year. Noted if this district was added to the Quaker Road Dist. it would have a negative effect. Add an additional $2.81 plus to the Quaker Road Sewer Dist. A residence paying 388.41 now will go up to 396.85...the mall would see an increase of $6,000. the effect appears to be negative, there was no speculation as to growth in phase I area, estimates were done on what currently exists. Councilman Monahan, questioned Mr. Passarelli on the projected growth of his development... Mr. Passarelli-25-30 housing units...Councilman Monahan-Questioned the capacity purchase from the City of Glens Falls... Mr. Shaw-We currently have capacity now to take care of the proposed extension as it exists today., as it grows we will need more capacity to the City Treatment Plant. The ultimate build out of the corridor will be over the capacity of the Meadowbrook Pumping Station, there would have to be at some point a pump station and a force main going someplace else into the City. The total build out of this has been estimated by Tony Geiss at 634,000 gallons a day extra. The maximum capacity of the Meadowbrook Pumping Station as of today is 770,000 per day...Councilman Caimano of the 770,000 how much is being used today? Mr. Shaw-About 330,000. Phase I has been estimated at 75,000 gallons per day, Garth Allen estimated at 34,000, the college has indicated that they want 20,000 per day" Mr. Leonbruno subd. has not been estimated and some vacant parcels. Attorney Dusek-Noted that the Meadowbrook pumping station was designed for Central Queensbury and Hiland, if you use it for those purposes there is no capacity left.. .Mr. Shaw-That is right they own the rights to 280,000 gallons...ifyou take Quaker Road for the 400 Hiland for the 280, you have 680,000 gallons that is already agreed upon. Bay Road Sewer on it's own, with current information as it exists now, projects out to $150.33 per point. A residence would be $451 per year vs. 388. in the Quaker Road Dist. ACC would be 79,000 per year for bond charge, O&M would be approximately $15,000 per year...with growth in the area you would see a positive effect on these figures...Councilman Monahan- questioned what ACC's expenditures are now? Supervisor Champagne-They are looking at $280,000 to replace the plant that they have now, that $280 would be State Aided to the level of 50% the other 50% would come out of charge back from those Students that are from out of County. Questioned if this could be paid for up front, Mr. Passarelli pays for the first mile, the Town the second and ACC the third mile so that could be paid for up front. Attorney Dusek-Noted this would be three separate districts...Councilman Pulver-Recommended that the landowners of this area be notified of the possibility of sewering their area...Mr. Leonbruno-spoke about the projected sewer fees, noted at this projection he was not interested. Mr. Passarelli-Noted he felt the costs were very high... in N.Y. City the sewers are built by private contractors, when anyone connects they pay the contractor for hooking up..Jet the contractors build their own sewers.. . Attorney O'Connor-spoke for the owner of property across the street B.R.B. would be in favor of extending sewers to them. Questioned why this isn't handled like Walmart, if they get served they pay for the cost. Mr. Shaw-Spoke to the Board about putting dry sewers in for areas that will be served within ten years, by developers...Councilman Dr. Wiswall-Spoke about the need for sewers in this area, on Bayberry Drive a house could not use their bathroom to flush their toilets for two or three weeks last spring, the house is built on a slab, very wet area...they get the run-offfrom the ACC plant in the spring...Mr. Girard put in a Wisconsin Mound System in ... they have a real problem in that area...Agreed to by the Board to notify the residents that the Board is considering the possibility of sewering their area... DISCUSSION AMG SUBORDINATION AGREEMENT Attorney Dusek-Two issues: 1. Pilot Agreement being revisited at the request of the Warren Washington County IDA 2. $370,000 Loan of which $95,000 has been loaned to date. Pilot Agreement will be a matter of a public hearing 9-26-94 the Warren Washington co. IDA has asked for a resolution indicating its view on the Pilot Agreement ... noted there has been cost overruns in connection with the project, as the result of those cost overruns the developer is going back to Warren Washington County to seek additional bonding, as the result of that extra bonding Warren Washington Co. is saying you have a Pilot and before we issue new bonds as part of our policy we want to go back and let you re-visit that Pilot and tell us whether it is acceptable. Mr. John Lemery with Lemery and Reid is here representing his client. Attorney Lemery-RE: Pilot Agreement it was originally subject to negotiation with the Town of Kingsbury, the figures were a negotiation with Charles Barber Sr. and Bob Corrigan at the time AMG was going to put the plant in the Warren Washington Co. Industrial Park...when the site was changed we brought it to the then Supervisor we said this was the program that was put together by the Town of Kingsbury, we brought it before the Board and got approval. It was not based on any particular size facility was based on basically what the raw land value would have been and discussion what Saratoga County was doing for manufacturing plants...the land which was owned by QEDC before it was sold to AMG was not on the tax rolls as taxable property. The original bond for the AMG project was for 2 million dollars, the construction was started in September of 1993 and has been completed...I have given to the Supervisor a list of where the cost overruns came in...removal of rock, blasting, additional 7,000 sq. feet on the office building to accommodate new orders...went back to IDA and asked them to raise it an additional $250,000 so that the cost of the project would go from 2 million to 2,250,000. the balance being paid by AMG. At the same time because this project is supported by the job development of New York under their 50/40 10 program we went back to the ADA and asked them to increase their participation from 750,000 to a million dollars so all of that has been accomplished the IDA asked us to go back to the Town and request a continuation of the Pilot Agreement before they would approve the increase. It is scheduled for the IDA hearing 9/26, subsequent to pass an amended bond resolution which allow AMG to close on additional financing. Spoke on the increase in employees to this company...the company has met all its financial projections... Supervisor Champagne-Have called Dean Beckos who pointed out the previous Board matched the Kingsburg agreement...it would be my recommendation to accept this as established...Councilman Caimano-Questioned the 45% increase... Mr. Charles Barber-Spoke to the Board...noted the cost overruns is 181,000 on 2.1 million dollars, we have had project modifications, the problem being a matter of timing, when I first estimated doing the building at 2 million I was talking April 93, during that time I put an extension on the building I added a third facility in the back, the Town has seen the project at a full 2 1/4 million the IDA still thinks its 2 million.. Town Board agreed that the resolution will be before the Board on the 19th regarding the Pilot Agreement... DISCUSSION-SUBORDINATION AGREEMENT Attorney Dusek-You are familiar with the loan agreement of 370,000 the loan agreement between AMG and the Town has two phases, one phase was for $95,000 of working capital the balance was to be secured by a lien against the equipment which would allow the Town of Queensbury should they default to come in and take the equipment and sell it. The equipment has a lien on it by Chase Manhattan as part of the financing package, Chase Manhattan is willing to subordinate their lien and give us a priority position against the equipment as long we would agree to do certain things. What they are concerned about is that they would hate a situation where AMG defaults and the Town of Queensbury came in and ripped out the machinery and ran off and sold it without giving the Bank a chance to see if they could turn this thing back into a viable situation either with another buyer or cure whatever the event was that lead to the default on their own. I am concerned that I want to make sure the Town in any kind of agreement is clearly understood that basically what they are doing is buying time to make a payment and in fact they will make a payment whatever that arrangement is so that the Town of Queensbury 1. is made whole in the end and 2. doesn't give up any rights along the way except for extension of time which is in our own best interest to give. I also want to make sure we are protected in terms of the HUD arrangement... Gave Board a roughed out agreement this is not final there will be more changes...may have to hold a special meeting to meet the time restrictions... DISCUSSION QUEENSBURY FOREST Town Board agreed that they will pay an additional 3,000 for the Engineering report on Queensbury Forest...total project cost $16,000. for engineering. DISCUSSION HUDSON POINTE Attorney Dusek-Reviewed the Developer's agreement...discussed having additional clause in the agreement, Niagara Mohawk under their Corporate Structure as I understand it cannot be in the developing business. They can sign the agreement but cannot take on the personal liability of the development. They want the agreement to read as against the land and against any particular violators. We propose to add a paragraph that says that this agreement intended to be in rem, run against the land, Niagara Mohawk will sign it but you will not be able to personally hold Niagara Mohawk accountable. You will hold accountable whoever develops the land and you can take actions and court injunctions etc. against the land and stop improvements and stop building permits do all that kind of stuff but you cannot go back against Niagara Mohawk and say look you have to pay us $20,000 ... If Niagara Mohawk decided not to build this, we could not go to court and sue them for damages they just would not build it and eventually they would lose their right under the PUD to establish it after a certain amount of time. Attorney O'Connor-What you have here is Hudson Pointe Inc. which is a subsidiary solely owned by Niagara Mohawk Power Corp. and that is going to be the developer of this land, they are going to transfer this land from Niagara Mohawk to Hudson Pointe Inc. , Hudson Pointe Inc. is then going to contract with Michael's Group or with somebody like the Michael's Group to develop the land on an agreement with them. Councilman Monahan-Who will we go after if a road is placed in the wrong location? Attorney Dusek-Hudson Pointe Inc. Attorney O'Connor- Except up to the point to the assets within Hudson Pointe Inc. and the only thing that will be transferred is going to be this property and some start up capital. Attorney Dusek-Will prepare proposed language for the Board and if this is satisfactory the Board can act on it at the next meeting or whatever you decide. DISCUSSION WORKSHOP QUEENSBURY CENTRAL VOL. FIRE COMPANY The Town Board met with the Queensbury Central Vol. Fire Company to review their budgets for 1995. DISCUSSION Executive Director Martin-RE: Queensbury Forest I issued an order to remedy violation that expires on Friday the 16th, they have requested an extension on it... Supervisor Champagne-I have seen the site and he has taken care of the sink holes he has not cleaned up. It was agreed by the Board to bring this up at the committee meeting for their recommendation. Executive Director Martin-RE: Temporary Position in the Building and Zoning Dept. - Sandy Eggleston is on the list... It was agreed by the Board to bring this up at the committee meeting for their recommendation. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 441.94 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 Executive Session to interview candidates for the Zoning Board of Appeals. Duly adopted this 12th day of September, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 442.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board hereby adjourns its Executive Session and enters into Regular Session. Duly adopted this 12th day of September, 1994 by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING MEETING RESOLUTION NO. 443.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its special meeting. Duly adopted this 12th day of September, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury