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1991-09-09 TOWN BOARD MEETING SEPTEMBER 9, 1991 7:02 P.M. MTG#39 RES#47 1-494 BH34-35 TOWN BOARD MEMBERS STEPHEN BORGOS-SUPERVISOR GEORGE KUROSAKA-COUNCILMAN MARILYN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN (entered meeting 7:55 p.m.) BETTY MONAHAN-COUNCILMAN (entered meeting 7:04 p.m.) TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Paul Naylor PRESS: G.F. Post Star, WWSC, WBZA, Channel 8 PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BORGOS RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO. 471, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session to enter as the Queensbury Board of Health. Duly adopted this 9th day of September, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Borgos Noes: None Absent: Mr. Montesi, Mrs. Monahan QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - JAMES & NORMA HEARNS 7:03 p.m. SUPERVISOR BORGOS-At this time I would like to open a public hearing dealing with the sewer variance request of James and Norma Hearns. I'll ask the Clerk if this has been advertised? TOWN CLERK DOUGHER-Yes it has. SUPERVISOR BORGOS-I knew the answer. For those of you who didn't come before, I knew the answer, we have to do it just for the record so that we can check it off. This has been advertised, at this point we'll ask if Mr. and Mrs. Hearns or anyone representing them is with us tonight and if they are, do they wish to speak? Or anyone else certainly may speak, ask questions or make comments. MRS. HEARNS-We're here. MR. HEARNS-We are here representing ourselves. SUPERVISOR BORGOS-You are here, I've got your documentation. Mr. Hatin for the record, Mr. Hatin our Director of Building and Code Enforcement, called me this afternoon to tell me he would be unable to attend tonight but he said it was his recommendation that this be approved. He said essentially what you're doing is reconstructing an already existing system. You're putting it right back in the same place and you're trying to make things better than they were. MR. HEARNS-Its been there 50 years. SUPERVISOR BORGOS-And you're still with us so I presume you have gotten terribly ill from it. MR. HEARNS-We haven't been there 50 years but... SUPERVISOR BORGOS-Would you just identify yourselffor the record, stand up at the mic? MR. HEARNS-Jim Hearns. SUPERVISOR BORGOS-Is anyone here wish to ask any questions about this? I see no hands up. I hear no VOIceS. COUNCILMAN MONAHAN-Darleen, has the disclaimer been part of that application? I don't have mine with me. SUPERVISOR BORGOS-I'm sorry, I couldn't hear you. COUNCILMAN MONAHAN-Asked if the disclaimer is part of the application. I don't have mine with me. TOWN CLERK DOUGHER-Betty yes. SUPERVISOR BORGOS-Darleen said yes. Any other further questions? Hearing none, we'll close the public hearing ... PUBLIC HEARING CLOSED RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR JAMES AND NORMA HEARNS RESOLUTION NO. 34, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza. WHEREAS, James and Norma Hearns previously filed a request for two (2) variances from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provision being more specifically that requiring that there be a 150 foot separation between a seepage pit and well or suction line, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on September 9, 1991, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and c) that the Local Board of Health imposes a condition upon the applicants that they must also secure the approval of the New York State Department of Health, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variances to James and Norma Hearns, allowing the placement of the seepage pit: 1) 57 feet from the well on the property to the north; and 2) 70.79 feet from the well on the property to the south; rather than placing it at the mandated 150 foot distance(s), on property situated on Nacy Road, Queensbury, New York, and bearing Tax Map #: Section 44, Block 1, Lot 21. Duly adopted this 9th day of September, 1991, by the following vote: AYES Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES None ABSENT: Mr. Montesi RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 35, 1991, Introduced by Entire Town Board. RESOLVED, that the Queensbury Board of Health hereby adjourns to enter Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 9th day of September, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi OPEN FORUM 7:10 p.m. PLINEY TUCKER, Division Road, Queensbury-Referred to the Emergency Squad building permit refund that he spoke of during a previous Town Board meeting and questioned whether it has been granted yet. COUNCILMAN POTENZA-Noted that it has been done. MR. TUCKER-Referred to the tonights agenda, proposed resolution authorizing the advertisement of bids, sale of iron, cemetery fence and questioned the reason for the sale? (It was noted later on into the meeting, that the fence made available for bid was fence damaged by accidents through out the Town's many cemeteries) BARBARA BENNETT, Dixon Road-Questioned the funding for Crandall Library if the proposed special library district legislature does not get passed or is not approved in time for this year's budget? SUPERVISOR BORGOS-Noted the good possibility that the legislation will not be enacted this year. I am exploring some possibilities which I have not yet been able to discuss with the Attorney, our own special district or possibly an intermunicipal agreement. Those things being said, we'll have to move as quickly as possible to see if the Library Board can reduce to the lowest possible level, its funding request for next year. MS. BENNETT-Would like to make a request that if the legislation is not passed the Town give the Library the same amount of funding as you did for this year. Referred to the Special Board meeting that was held last Friday and questioned the possibility of supplying the Town of Kingsbury with our water supply? SUPERVISOR BORGOS-Explained the we received a request from the Mayor of the Village of Hudson Falls to be in a position to supply them on an emergency stand by basis with water should it be determined that they are unable to use their water supply. Since we didn't have the mechanism in place, we called for a special meeting last Friday afternoon and passed all the necessary legislation including an agreement to supply the Village of Hudson Falls with water in the event that they need that water and for an amount equal to $1.65 per thousand gallons of water which is identical to what we charge the Town of Kingsbury. MS. BENNETT-Questioned the reason for the special meeting ... why not wait for tonights meeting? SUPERVISOR BORGOS-Noted that eleven o'clock last Friday morning I received a call from our Water Superintendent Tom Flaherty who said that Hudson Falls may need water by as early as six o'clock in the evening last Friday. We had to meet prior to six o'clock so that we could pass the legislation. They had a problem that potentially could have been a serious problem. I understand as of today, that problem at least temporarily has been adverted. OPEN FORUM CLOSED 7:20 p.m. Supervisor Borgos noted that the National Church Residence search for another parcel may be a successful one and we hope to divulge this exciting news in the very near future updated the Board regarding the situation on Lake Sunnyside noting a report from Dan Olson ... the water samples taken were very good, the clean up of the dock and beach area including the lake area with the removal of all trash and garbage has been completed referred to an unsigned letter that his office has received recently noting a concern for the situation of the Salvation Army drop boxes through out the Town, over flowing with trash. Supervisor Borgos noted that action has been taken and the Salvation Army is on alert. Discussion held regarding request from Morse Engineering representing Bay Meadows Golf Course to connect a proposed residential construction project to the Quaker Road Central Queensbury Sewer District. Town Board agreed to support the concept of hooking to the sewer provided that they receive all other permits. Discussion held regarding bid results recently received for the gas venting sand layer for the landfill closure project. No decision was made. RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 472, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Stephen Borgos. RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Town Board Minutes of August 5th and 21st of 1991. Duly adopted this 9th day of September, 1991, by the following vote: Ayes: Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi Abstain: Mr. Kurosaka RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. ,1991 ENTITLED "A LOCAL LAW PROVIDING HANDICAPPED PARKING SPACES ON A PORTION OF DUNHAM'S BAY ROAD IN THE TOWN OF QUEENSBURY" RESOLUTION NO. 473, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1991 entitled, "A Local Law Providing Handicapped Parking Spaces on a Portion of Dunham's Bay Road in the Town of Queensbury," and WHEREAS, such legislation is authorized pursuant to the Vehicle and Traffic Law and the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 23rd day of September, 1991, to consider said Local Law No. _, 1991 and to hear all persons interested on the subject matter thereof concerning the same 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 No. _, 1991 in the manner provided by law. Duly adopted this 9th day of September, 1991, by the following vote: AYES Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES : None ABSENT : Mr. Montesi RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 1991 A LOCAL TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 70 TO BE ENTITLED "DOCK USAGE" RESOLUTION NO. 474, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1991, A Local Law to Amend the Code of the Town of Queensbury by Adding a New Chapter 70 to be Entitled "Dock Usage", which Chapter provides for regulation and control, under penalty of violation, of the Town owned dock located at Assembly Point, on Lake George, in the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to the Town Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 23rd day of September, 1991, to consider said Local Law No. _, 1991 and to hear all persons interested on the subject matter thereof concerning the same 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 No. _, 1991 in the manner provided by law. Duly adopted this 9th day of September, 1991, by the following vote: AYES Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES None ABSENT : Mr. Montesi RESOLUTION RATIFYING DEPUTY SUPERVISOR'S SIGNATURE RESOLUTION NO. 475, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury recently awarded a purchase bid for a new retort chamber for the Pine View Crematorium and is desirous of installing and operating said chamber at the crematorium, and WHEREAS, it is necessary to obtain a permit from the New York State Department of Environmental Conservation in order to install and operate said retort unit, and WHEREAS, the Deputy Town Supervisor signed said permit and forwarded it to the Department of Transportation, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby ratifies the Deputy Supervisor's signature, and BE IT FURTHER RESOLVED, that the Town Supervisor and Deputy Town Supervisor of the Town of Queensbury are hereby authorized to sign any and all future applications, permits, vouchers, bills and checks in connection with the installation of and operation of the new retort chamber at the Pine View Crematorium. Duly adopted this 9th day of September, 1991, by the following vote: AYES Mr. Kurosaka,Mrs. Potenza, Mr. Monahan, Mr. Borgos NOES None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING EXECUTION OF ENGINEERING AND PLANNING CONSULTANT SERVICES AGREEMENT RESOLUTION NO. 476, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, Attractions Land, Inc. currently has pending before the Planning Board of the Town of Queensbury a project to erect a ninety-one (91) foot roller coaster at the former location of the recreational vehicle camping area associated with the Great Escape Amusement Park, and WHEREAS, the Town's review of said project will require certain engineering and planning consultant services, and WHEREAS, the applicant consented to enter into an agreement with the Town for payment of said services, and WHEREAS, the proposed agreement has been presented at this meeting and reviewed and approved by Karla M. Corpus, Deputy Town Attorney, Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Engineering and Planning Consultant Services Agreement presented at this meeting is hereby approved, and BE IT FURTHER RESOLVED, that, pursuant to the Town Law of the State of New York, Section 64(6), the Town Supervisor is hereby authorized to execute and sign the aforesaid Engineering and Planning Consultant Services Agreement with Attractions Land, Inc. Duly adopted this 9th day of September, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: Mr. Montesi RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 477, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, certain departments have requested transfers of funds, for the 1991 Budget, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE BE IT RESOLVED, that the funds be transferred as listed below, for the 1991 budget: Water Department From To Amount 40 8340 2899 40 8320 2899 $12,796.00 (Capital Construc.) (Capital Construc.) Town Court From To Amount 01-1110-4050 01-1110-2031 $2,000.00 (Books & Public.) (Computer Acct.) Duly adopted this 9th day of September, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 478, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, certain departments have requested transfers of funds for the 1991 Budget, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as listed below, for the 1991 budget, WATER DEPARTMENT FROM TO AMOUNT 40 8340 4340 4083402001 $ 1,663.75 (Operation of (General Equip.) Maint. Ctr.) Duly adopted this 9th day of September, 1991, by the following vote: AYES Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES None ABSENT: Mr. Montesi RESOLUTION REQUESTING FEASIBILITY STUDY TO REVIEW SPEED LIMIT ON JENKINSVILLE ROAD, FROM RIDGE ROAD TO SUNNYSIDE EAST RESOLUTION NO. 479, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza. WHEREAS, residents of Jenkinsville Road, Asure Drive, and the Mud Pond Road area have requested a speed limit of 30 miles per hour on a certain part of Jenkinsville Road, due to the fact that the Town Recreation field is located in the vicinity, and also due to the fact that there is a bus stop at or near the intersection of Jenkinsville Road and Mud Pond Road, and WHEREAS, the Town Board of the Town of Queensbury is of the opinion that a speed limit of 30 miles per hour should be established for Jenkinsville Road, from Ridge Road to Sunnyside East, NOW, THEREFORE, BE IT RESOLVED, that in accordance with Section 1622 of the Vehicle and Traffic Law of the State of New York, that the Town Clerk of the Town of Queensbury is authorized and directed to send the proper form to the Department of Transportation through the Warren County D.P.W., requesting that the speed limit be lowered to 30 miles per hour for Jenkinsville Road, from Ridge Road to Sunnyside East, in view of the concerns set forth in the preambles hereof. Duly adopted this 9th day of September, 1991, by the following vote: AYES Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES None ABSENT: Mr. Montesi RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 480, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board hereby transfers $500.00 to Account 0288114400 from 0288112899 to cover cost of new compressor for the refrigerator unit at the crematory. Duly adopted this 9th day of September, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: None Abstain: Mr. Montesi (Councilman Montesi entered meeting just prior to roll call, 7:55 p.m.) RESOLUTION REQUESTING FEASIBILITY STUDY TO REVIEW SPEED LIMIT ON ROCKWELL ROAD, FROM SUNNYSIDE ROAD TO HAVILAND ROAD RESOLUTION NO. 481, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, residents in the Rockwell Road area have requested a speed limit of 30 miles per hour on Rockwell Road due to the increased traffic on Rockwell Road and concerns that the current 55 miles per hour speed limit is not safe, and WHEREAS, the Town Board of the Town of Queensbury is of the opinion that a speed limit of 30 miles per hour should be established for Rockwell Road, from Sunnyside Road to Haviland Road, NOW, THEREFORE, BE IT RESOLVED, that in accordance with Section 1622 of the Vehicle and Traffic Law of the State of New York, that the Town Clerk of the Town of Queensbury is authorized and directed to send the proper form to the Department of Transportation through the Warren County D.P.W., requesting that the speed limit be lowered to 30 miles per hour for Rockwell Road, from Sunnyside Road to Haviland Road, in view of the concerns set forth in the preambles hereof. Duly adopted this 9th day of September, 1991, by the following vote: AYES Mr. Kurosaka,Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES None ABSENT: None RESOLUTION SETTING NEW FEES FOR ELECTION INSPECTORS RESOLUTION NO. 482, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, Election Inspectors are now appointed by the County Board of Elections, but it is still the responsibility of the Town of Queensbury for payment of these inspectors, NOW, THEREFORE, BE IT RESOLVED, that the following new fees be set for 1991 election inspectors: $50.00 - Primary Day $50.00 - Registration Day $75.00 - Election Day $ 5.00 - Chairman Each Time. Duly adopted this 9th day of September, 1991, by the following vote: AYES Mr. Kurosaka,Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES None ABSENT: None RESOLUTION TO ADVERTISE FOR BIDS FOR SALE OF IRON CEMETERY FENCE RESOLUTION NO. 483, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, the Town of Queensbury has 480 feet of iron cemetery fence, including posts (no gate) and the Town Board of the Town of Queensbury, upon the advice and recommendation of Rodney Mosher, Pine View Cemetery Superintendent, finds that this fence is no longer useful to Pine View Cemetery, and WHEREAS, the Town Board of the Town of Queensbury, at the request ofMr. Rodney Mosher, is desirous of disposing the fence as a whole, and not in lots, by sale to the highest bidder, with a minimum bid of $6.00 per lineal foot, NOW, THEREFORE, BE IT RESOLVED, that an advertisement for bids for the sale of 480 feet of iron cemetery fence, including posts, (no gate) "as is" and with no warranties, be published in the official newspaper of the Town of Queensbury, and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury, at any time, until, but not later than October 21st, at 2:00 p.m., and that the bids will be publicly opened and read at 2:05 p.m., by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that Miss Darleen M. Dougher, Town Clerk of the Town of Queensbury, is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.m., October 21st, read the same aloud, and make a record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Attorney is hereby authorized and directed to draft an advertisement and bid forms consistent with this resolution. Duly adopted this 9th day of September, 1991, by the following vote: AYES Mr. Kurosaka,Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES None ABSENT: None RESOLUTION ACKNOWLEDGING LEAD AGENCY STATUS RESOLUTION NO. 484, 1991, Introduced by the Entire Town Board. WHEREAS, the Town Board of the Town of Queensbury previously requested to be lead agency with respect to compliance with SEQRA regulations which requires environmental review of certain actions undertaken by local governments for the proposed rezoning of certain property owned by Charles A. Diehl (Town of Queensbury Tax Map No. 121-1-22), and WHEREAS, the Planning Board of the Town of Queensbury did not consent to this request, and both the Town Board and the Planning Board submitted the matter to the Department of Environmental Conservation for a ruling pursuant to the rules and regulations of the State Environmental Quality Review Act, and WHEREAS, the Department of Environmental Conservation has designated the Town Board of the Town of Queensbury as lead agency NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury acknowledges designation of lead agency by the Department of Environmental Conservation, and accepts such designation, and BE IT FURTHER RESOLVED, that the Town Attorney's office for the Town of Queensbury is hereby directed to notify all involved agencies that the Town Board requests that all comments or any additional comments relative to the project and SEQRA Review from other involved agencies be submitted as soon as possible or by September27, 1991, as the Town Board plans to consider the project at its October 7th, 1991 meeting. Duly adopted this 9th day of September, 1991, by the following vote: AYES Mr. lCurosaka,Mrs. Potenza, Mr. 11ontesi,Mrs. 11onahan, Mr. Borgos NOES None ABSENT: None RESOLUTION AUTHORIZING REFUND REGARDING TRANSIENT MERCHANT LOCAL LAW RESOLUTION NO. 485, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, on or about May 21, 1990, the Town Board of the Town of Queensbury adopted Local Law No.5, 1990, entitled, "A Local Law Regulating Transient Merchants, Solicitors, Peddlers, and Transient Merchants and/or Solicitor Markets," and WHEREAS, said Local Law was amended pursuant to Local Law No. 12, 1991, entitled, "A Local Law to Amend the Code of the Town of Queensbury, Chapter 160 Thereof Entitled, Transient Merchant, Peddlers and Solicitors," and WHEREAS, the said Local Law No. 12, 1991 established additional "Exemptions" to paragraph C of Section 160-14 of Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, the said Local Law No. 12, 1991, provided that the same would be given retroactive effect to January 1, 1991, and WHEREAS, the Adirondack Factory Outlet Mall previously paid $2,000.00 in Transient Merchant Fees for the M. Solomon store to be in the Adirondack Factory Outlet Mall for four (4) days in April, 1991, in accordance with the previously adopted Local Law No.5, 1990, and as a result of the aforementioned retroactive provision in said Local Law No. 12, 1991, adopted on or about the 22nd day of July, 1991, the Adirondack Factory Outlet Mall is entitled to a refund, and WHEREAS, the Town Board of the Town of Queensbury desires to pay said refund from the appropriate account in which the fees collected were deposited, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the expenditure of funds in the amount of $2,000.00 referred to in the preambles of this resolution, for payment to the Adirondack Factory Outlet Mall, in accordance with Local Law No. 12, 1991, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to make payment of the refund due the Adirondack Factory Outlet Mall upon the submission of a fully-executed voucher by the Adirondack Factory Outlet Mall, after the Town Board of the Town of Queensbury has audited said voucher in accordance with its usual practices. Duly adopted this 9th day of September, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: None RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 486, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza. RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Town Board Minutes of August 26th of 1991. Duly adopted this 9th day of September, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: None Abstain: Mr. Kurosaka, Mrs. Monahan DISCUSSION - HOVEY POND 8:05 p.m. SUPERVISOR BORGOS-We received a letter the other day with 38 signatures that said, we the undersigned residents of and near Glenwood Avenue respectfully request the Queensbury Town Board to hear the serious concerns of these residents including but not limited to the creation of Hovey's Pond Park Project, many of the undersigned will attend the first Town Board Meeting scheduled in September and request the Town Board Members attention to the issues we will present and an explanation of the plans, deadlines and expenses for Hovey's Pond Park. Respectfully submitted by the 38 people that have signed this. I do not know if you have a spokes person, please state your name and address, you can if you have got a list of questions you can either stop and have us answer one at a time or if you want to run through them and you tell us what you would like to do. DOUG KENYON-My name is Doug Kenyon, I have been asked by my neighbors to be a spokes person for the residents of Glenwood Avenue and nearby Windsor Drive, we have some citizens that are also concerned about the pond and some other issues. We have some very unhappy citizens on Glenwood Avenue and they have been unhappy for a period of time and they are becoming more unhappy as time goes on. We are concerned about our neighborhood and our primary concern is Hovey Pond although there are a couple of other issues that I would like to bring up in representing my neighbors on our street. We feel that there is a demise in our neighborhood that there is a deterioration I think it is obvious, certainly the residents of our neighborhood but also to the towns people at large and anyone else that happens to travel through Glenwood Avenue. I will give you a little history about, approximately three years ago or before that let me go back even further. There were some residents of the area requested from the Town to look into improving the pond and it probably was a great mistake, because we have lived with almost an atrocity for the past three years as a result of a project that was started that really is not going very well in our opinion. We met with Mr. Borgos and Mr. Montesi one evening, I am sure they remember, and we had a lot of questions. They had a lot of answers at the time, the answers were that the pond would be dredged a recreational area would be constructed that we would have a picnic area there would be fishing access there would be walking trails there would be ice skating there would be fencing there would be parking. There were some concerns of the citizens in particularly some of the concerns were people in the area for recreation how it would effect them. There seemed to be some pretty good answers as to how that would be dealt with we left that meeting I think for the most part being very satisfied. I must say it has been down hill ever since. The pond has not been completed it does not look like it is even close. Some of the other things that were to be done some of the things that were mentioned to be done certainly have not been done. We are seriously question whether ever really will be done. Some of the answers that we are seeking is number 1. What is the plan for the pond. We still do not know, we thought we knew that but it is changed obviously. Number 2 When will this project be completed. Our patience is wearing thin. How long can we go with the eye sore that we put up with for the past three years. The next question is how much money has been spent on this project. As we all know there has been considerable amount of editorials in the local newspapers discussion on radio talk shows and so on as to it seems to be an awful lot of the tax payers money going into this project and for what and for how soon, again we are interested in knowing. How much more money is this project going to cost the taxpayers of the Town of Queensbury? Where is the money coming from? Those are some of the questions that the residents of Glenwood Avenue have. We want to know is this the Town Board project, is it Mr. Naylor's project, is it Mr. Hansen's project some of the citizens of our street have asked those questions to all of these people or most of them and some of them take the responsibility for that being their project and others do not have any responsibility we do not know. There is just an awful lot of questions that we have that are unanswered. If I can go on and then get back to this I would like to do that. Just a little history, again I think maybe we are at the point where we are beginning to develop maybe somewhat of a complex. I think at one time Glenwood Avenue was a quiet nice pretty street and a nice neighborhood to live in but I am not so sure that, that is the case anymore and we are concerned that again that it is deteriorating and becoming worse? than it has been in recent years. We know that the pond is a eye sore, trees have been cut down the landscape has been severely damaged to hopefully there is a plan to correct that, commercial development we all know, we have all read and I know you have dealt with the problems of the commercial developments and the ire of the citizens of Glenwood Avenue at the end of our street. With this there are some other problems that we have encountered more recently as a result of that we are concerned about future commercial development. You know the Saw Horse is for sale what is going to go in there? What more development is going to do in there that is going to cause more traffic more speeding and some of the other problems that we have experienced. Weare concerned about commercial variances that are coming about and we believe will come about again we are concerned about the speed problem we are concerned about the bike path and its access and the safety of the bikers and the people not only the bikers but our own kids and residents of Glenwood A venue and the amount of traffic and amount of speed that people are traveling. We want, number 1, to restore the area to its former identity as a good neighborhood to live in. I do not think that is asking a heck of a lot. But I think that needs to be worked at. I think #2 we want the project the pond project to be completed as quickly as possible to be as aesthetically pleasing to the residents of the neighborhood and to the Town at large, at the same time being fiscally responsible to all the taxpayers of the Town of Queensbury. We want our street to be safe for all residents as well as the many bikers, the walkers and joggers who use Glenwood A venue as a primary point of access to the Warren County bike trails. We have met, we have met very recently where we had most of the people on this petition, the petition certainly indicates that all these people are concerned or they certainly would not have signed that but people are actively becoming more involved and I think they are going to become more and more involved. We think that we have hopefully some ideas for some solutions, but I guess what we are asking, we are seeking answers and we are seeking action, because certainly our patience is wearing thin. SUPERVISOR BORGOS- Thank you. Let me just because I am in the middle of it every day I guess, let me start with some of the answers ...1 would like to answer as best I can let other board members answer and we have Mr. Hansen and we have the engineer from Rist Frost to give us technical... BARBARA BENNETT- It just so happens that I came through Glenwood Avenue tonight it is the first time that I have gone through there since you have started the project. But I know what used to be because I just to have relatives on Glenwood A vneue and I was next to shocked at how down graded it has become, because of that plus the plaza at the end of the road which I had heard so much about and it just isn't the same neighborhood anymore to me. I do not have any connection with this project. SUPERVISOR BORGOS-Let me go back and try to begin at the beginning as they say. Number 1, I think every member of this Town Board agrees with your concern. There is no question, I am looking for anyone that disagrees, we have spent hours on this project from the day we first decided to tear down the old building over on Lafayette Street and start work until the present time. We have struggled through the early days of trying to get some of it filled in and try to save money by using the sand and stone and gravel that came out of the sewer construction project use that for fill. We have been using our Highway Department obviously with their consent and paying them for their services according to law in an attempt to save significant amount of money. What has been our biggest concern obviously is the time frame that all of this has taken. I have found that government that everything we do takes time and its unbearable. If fore instance you dig up your back yard to put in a swimming pool you move some old bushes and you will make the yard look a mess for four or five days pretty soon the pool is in and you put the landscaping back and it is allover with. This thing has been several years there is no question about that. I recall meeting in your neighborhood and I think I said our estimate was about a year and year and a half all done finished and its true it was. A number of things have changed since that time, I have just wrote down a couple of the, a couple of things that have changed the costs, costs estimates were made after we began to tear down the house and do some of the things we thought we would be able to just jump in and do. Well, we found out that the pond was far was far to wet even after we opened the gate, was far to wet for us to operate traditional bulldozers in. We checked with pond people from over in Washington County who said even too wet for them to work in, it would be that way for a long time. All of a sudden the price tags started to go up, in 1989 we received a cost estimate on January 18th 1989 not too long into modern times that the project as originally conceived would cost $886,800. by that time we would have to check the records, if my recollection serves right we had already taken down the house and started to do some of our filling work. This Town Board felt that we could not spend this kind of money so we looked to see if the Highway Dept. could do a good deal of the work. It is about at that time when all this became known and we have discussed all this at Town Board Meetings each step of the way an organization named Trout Unlimited jumped into the picture. Trout Unlimited said it would not be good to excavate this pond to 8 or 10 or 12 feet as you proposed because it would lead to too much warming of the water and the trout would die. That sounds interesting, what do you suggest and after a period of time whether it was weeks or a few months they came back with a proposal to do a culvert pipe and I believe it was a thirty or thirty six inch culvert pipe extending pretty much the length of the pond. To by pass the pond a cold water by pass of the stream and always being kept cold. About the same time as we at the County level started to redo Quaker Road, no one knew for sure where the proper connecting points would be for this culvert pipe and who would do the work and how it would get done. It is a long story, we kept filling the pond and somehow the fill was brought in from the sewer and got too high on the trees we expected four or five feet of dirt every day to be pushed off every night with a bulldozer and everything would be just fine. I drove by there one time and we had eight or ten feet of dirt around the beautiful evergreens that used to be on that piece of property and obviously the trees died. When the trees died we had to take the trees down and on and on. We had trouble moving that dirt because it had a good deal of clay content and after the winter weather it was saturated it was very muddy, wet, just plain wet, it was very difficult to work with. We started to move some of that soil to get rid of it we found that, that was cumbersome and we did not really have a good local place to move it to. Then we found that we needed a permit from DEC to dredge the pond and eventually we got the permit. Since that time we have had I believe two permit extensions and one complete revision. We are now dealing with having to do and our engineer is here to explain it, we have to deal with the State Division of Dam safety, in order to have an approved design for the reconstruction of the dam at the end. The dam as it exists no longer meets States specifications and that will have to be replaced and modernized and upgraded. Obviously the only place the water could possibly go is into the culvert under Quaker Road, but there is no provisions in the regulations for anything but a dam to replace the dam and the dam has to follow the regulations, so that is another time consuming process that we are working on. In the mean time the hole has been getting deeper in order to excavate out in the middle of the pond or on the far side of the pond, Mr. Naylor has had to build little roads, little gravel roads to get out there with his equipment as soon as that is cleaned out those roads will be pulled back so the pond will open up again. We could not come over to the Glenwood A venue side because we did not own that land. We thought we did a couple of years ago but apparently all the papers were not finalized and we finally have gotten though that process. So now we have title to the land on Glenwood Avenue side a long narrow strip. Mr. Naylor started digging and not too far into the process, you know I want you to come down here I think we found some good clay in this pond. We went down and looked and brought a bucket of it to Warren County, Dick Bolton who is Chairman of the Board looked at it and touched it, best blue clay he has ever seen, apparently he has race horses and it thought it was fantastic. So, with that in mind we had to have the clay samples analyzed and the result come back from the engineers that yes, this clay is good enough it meets all the specifications to be used for the landfill closure. Wonderful news, now we got a source of landfill clay inexpensively, we are digging it hauling it up instead of throwing this away we can use it. A week or two later the engineers tested another sample this was a little brownish colored clay and they came back with a report that this isn't quite a good as the initial grey clay but if you mix it and make sure there isn't too much brown clay it will be fine, great continue work. A couple of months after that different engineers took a test said you know there is some good clay in there but not all of it is good enough we really recommend that you not use this at the landfill for the so called barrier layer. But the material is good enough for the so called protective layer and we recommend that you continue to use this material. We looked at the cost of excavating the pond with our Highway Crews, the initial material being excavated, stocked piled on the property and then moved, was running us about $6.00 a cubic yard. We found that when we excavated it and simply moved it directly to the landfill, we were looking at approximately $3.00 a cubic yard. That compared with recent bid prices of $7.00 a cubic yard to buy this on the outside. So it seemed to make sense to us to use our own forces and do it for $3.00 a yard to bring it to the landfill rather than spend $7.00 a cubic yard. Now at the same time we would be providing materials to close the landfill, all with the same tax payer base in mind, we would be ending up with a pond and instead of paying the money to outside contractors, paying prevailing wage rates and a lot of high numbers and never seeing that money again, we said, we'll be in a sense, recycling this money. This money will go from either the recreation project fund or from the landfill closure fund into the highway fund. Pay from this pocket into this pocket. Legally accomplish the landfill, accomplish Hovey Pond and support the highway departments, saving tax payer's money. It made sense then and we still think it makes sense. The problem is we have to get special equipment to do it and we have to use our own town forces as they are available. We can't by law, go out and hire extra 2 or 3 or 4 people for this particular project because that is a violation of the prevailing wage legislation that says you can't ever hire extra people to work for yourself, you can only use those people who are technically on board with you regularly. So we can't hire a bunch of extras. We've been fitting this in as best we can. The result is what looks like an ugly mess when you drive up and down the road. No question about it. The result is we had to create a bypass or diversion stream to take the water from the center of the pond over to the Glenwood Avenue side and shoot it down so it didn't get any silt, protected the trout and didn't destroy anything. That was accomplished, it took a long time. Difficult project. Mr. Naylor and the crews did it and did a beautiful job. Now that is done. Now they can go back to excavating the pond. When we thought that we could use the clay for the clay barrier at the landfill, it made sense to go 18 or 20 feet deep to get as much clay as possible. Now that we can't use it for that purpose but can use it only for the protective layer, we have to make a decision if we want to keep going that deep because we certainly need all the material or if we round out the deep end, where it is and then excavate to a little more shallow depth at the back end. We further found out that the soil so called topsoil, pete and whatever at the top is extremely good in my opinion and the opinion of several other people, the Town takes no official position, its good for growing grass and growing gardens or whatever. So we started to sell this to the public at $5.00 a cubic yard. The money from that sale is going on a special line as extra revenue to the park project. Its hoped that we can sell enough of this material to be able perhaps to pay for the dam which is estimated to cost about $250,000.00, just the dam part. We haven't seen a real test of that because as you know, construction for the last 2 years has been done. We have a couple of contractors who would like to buy a 1,000 or 2,000 yards a piece but they don't have the cash right now, they want to stock pile it. This material normally sells for about $15.00 a cubic yard screened. We're caught in the middle of a big project. We're attempting to complete it as quickly as possible. I personally am anxious to know if the neighbors in that area and we've identified them and the lawyer's office has the information but haven't had time to get out, want to know if the neighbors in the area want water in the back yards or do you want us to simply finish what we're doing, where it is, let the water come back and end up with a marsh for most of the west side and a pond in the front? Or do you want us to continue to excavate? Mr. Naylor has told us if we just excavate to a relatively shallow depth, you think by Christmas this year, all other things going equally, he can have that accomplished. It can be rounded out, he can have excavated what we planned to excavate, refill it, as soon as we put the dam in the spring time and we would be all set. If you want to go a little further west, you want to go a little bit deeper, it will take a little bit a longer. We understand what it must be like to live with that in your backyard. There's no question about it. We're anxious to get the park in. The problem is, we have almost $900,000.00 of cost if we go outside to do it in a year or so. Or we can continue to do it where we are and probably come in around, total cost, probably around $600,000.00. Hopefully much of that to be paid by the sale of the topsoil material. UNKNOWN-What about the 200,000 for the dam? SUPERVISOR BORGOS-Well, I'm saying the total cost including the danm should be approximately $600,000.00. We have spent to date, we have spent on the project $204,064.16. Now money you don't see there is approximately $150,000.00 that's been paid by the landfill closure account and will continue to be paying as long at they are getting that material. So the amount actually charged to this project is $204,000.00 to date. You're looking at roughly $250,000.00 for the danm, so its $450,000.00. I'mjust estimating another $150,000.00 that possibly could be used for grading and seeding and trees. WILLIAM VOGLER, 22 Glenwood Avenue-My understanding, you asked a very good question, what the neighbors want. When the original concept, as I understand it, many years ago and I go back to 1965. SUPERVISOR BORGOS-We have that drawing with us tonight. MR. VOGLER-Okay, but I go back to 1965 at 22 Glenwood Avenue, I've been resident of Warren County since 1953, so I've been here. The original concept was that they were going to divert the water out of what was the existing pond. Clean up as much weed as possible, let and it had to be, as I understand from engineers, I am an engineer myself, I understand the whole process, that it would take between 10 and 15 degrees below zero for a good 10 days to kill all the root. So if this was done, the water diverted, killed the root, clean off the weed and then let the water come back in, the pond would still be there. Of course you would have milfoil that you would have to contend with and so forth. But it wouldn't have gone through this expense. Now what's the concept of why that was changed and that was an original idea and this was my understanding as what was going to be done and this was in the late 60's, early 70's. SUPERVISOR BORGOS-The first time I became involved with it and I think most members of this Board, would be in the mid 80's when it was mentioned to us that since we now own this, which we didn't own way back, we owned it in 1981, we got title to it. I've got that information here, Finch Pruyn donated this. The original concept as I recall it was to excavate to some depth, 4, 6 feet, perhaps 8 feet to make this available for canoeing or just a nice place to look at. That would get rid of the weeds at least temporarily. But that's where we ran into the problem with Trout Unlimited. They were concerned that we'd increase the size of that body of water without going to a good enough depth so the water would warm. That's what got us into digging deeper and longer and to finding out that although we tried to do it in the frozen, the winter time, we found out it still wasn't appropriate to be able to dig at that time. So we tried letting it freeze and sending the dozer's out, we just couldn't do it properly. DAN GEALT-I live at 25 Haviland Road and I travel Glenwood Avenue frequently. I guess a couple of questions come up. One of them is, it certainly is very important to ask the opinions of the citizens on Glenwood Avenue, what's going to happen with the project. But a couple of other questions come up, for a half a million to a million dollar project depending on how you calculate it, it would seem that there must be some way to get the input of the rest of the citizens of the Town and not just say, well yea the people on Glenwood A venue as important as they are lets just ask them, it seems that a project like that should have had an engineering plan a construction schedule and an construction budget and if there were revisions to the plan then they should be incorporated in the plan and we should still have construction schedule, budget and plan that shows the valid current plans and what we are going to do to achieve them. Do those exist? SUPERVISOR BORGOS-Yes We do have a plan I believe it is here with us tonight, I do not know if the revised plans are here? We do have a proposed budget, it is here and we have had from various time to time construction schedules I have not brought one with me tonight, but I am sure there are some there. MR. GEAL T - I guess the thing that I have heard that a lot of people ask is if we have a plan how can be get to see it and I know some people have made requests lately through the freedom of information act and have not yet received an opportunity to look at these things. SUPERVISOR BORGOS-It has been available since Thursday or Friday when I was made aware of it within hours after it came in, it was made available immediately. MR. GEAL T -That is good I would be happy to see it. I know a request was made a week ago and we have not heard yet, back about when we can see that. I think it is important if you have a project and a schedule and a plan and a budget that you say to these people especially but to the rest of the people of the town, OK here is where we are, we are 50% complete on this we are 10% over budget on this we are 12% under budget on this because right now the rest of us who are sitting in this room have no idea whether to say, well thanks for the history Mr. Borgos, it was a wonderful explanation it is very through very complete but that does not tell us whether we should, whether all of us should sit here and say we demand that you stop the project forget the whole thing, let it fill back in let it grow over again we do not know whether to tell you to go ahead? I think that information has got to be made more available to the public and that is what I am requesting. SUPERVISOR BORGOS-Sure, it has been made available several times in fact Mr. Schroder appeared before us with public notice probably two months ago now and brought us up to date completely on all of the, showed us the plans again discussed the schedule again, all that was done in public and we have done many of these sessions in public so everyone could know exactly what was happening. The thing that has been very frustrating about this and again, frustrating about all that has to do with government is that every time we set schedules we have to say, well of course it is contingent upon this approval or that approval and those approval sometimes can be months, not days, but months away. MR. GEAL T - I understand that regulations and requirements change while you are in the middle of these projects too, in my own experience in government was just like that, but still it's very difficult for people to know where the project stands and especially if you look back at the recreation plan where it was a Rist Frost estimate for the excavation of the pond and there were conflicting recommendations in the recreation plan one of them said that due to the amount that was estimated to be spent on the excavation of the pond that it was recommended that we not undertake that project at all, and yet that was the number one priority project that that plan recommended in that same plan booklet there was a recommendation against and a recommendation in favor of the project and even that kind of thing raises confusion in people's minds and the people that live there naturally are in a worst situation. But the rest of us are concerned too, because we do not know whether to tell you to go ahead or we do not know whether we even have the opportunity is there some opportunity where the people of the Town have a chance to say whether you should continue with this or whether you should stop. SUPERVISOR BORGOS-At all of these meetings and we have heard nothing but please go ahead and please get it done quickly from everyone. No one has yet said gee it is a terrible idea ever since day one we have heard that this is going to be wonderful a vest pocket park, people call it an oasis in the middle of commercialism all those things and it will and can be those things but it is a very,very slow process and I know that I am frustrated in that it is not complete and refilled, I am sure everyone in this room is. MR. GEAL T -The other thing that comes up about that, in regard to Mr. Naylor's work which I do not think anybody is questioning technically but in a discussion earlier tonight that you are asking him with his existing crew to do his paving work to do his drainage work to close the landfill to excavate the pond and now to haul the additional sand and you can take each one of these as a single project but he cannot offer you the use of his people three times over in a day. I think that is another question as to how you schedule this when you cannot really schedule his work in the winter and it is, all those things have to be resolved before anybody here is going to be happy. SUPERVISOR BORGOS-Fortunately he is extremely efficient as are his people as time has permitted and it was a reasonably good winter it has been a very good summer, we have not had any major storms he has been working as many people as possible as often as possible still paving more roads than ever and keeping the roads in great shape. Now, it is kind of miraculous that we have gotten this far. MR. GEAL T - I would like to see it completed successfully myself and of course at the lowest cost but it would be nice to have more information and I would be happy to take a look at that and I appreciate the opportunity to talk about it. SUPERVISOR BORGOS- Thank you. COUNCILMAN MONTESI-To answer. . .to answer your first question the responsibility falls on this Town Board and perhaps the Recreation Commission and to answer the very first question, should we let the pond live or die. That was really where we started. It was 18 inches deep, it was getting stagnant, it had some real problems in terms of heat generation and fish dying. My concern initially was, should we fill that pond in or should we try and save the pond and obviously after the discussion with you folks in that neighborhood, I really felt good that gee, we're going to save the pond and we're going to do something and there are some costs involved in it and we'll work on however the Town can with its various departments to do that. I must tell you that Steve just eluded to a couple of small things. There was one very, very frustrating thing that took 18 months to resolve. We wanted to buy a piece ofland 10 feet by 300 feet long I think, we needed the riparian rights on Glenwood Avenue so we could do what we're doing. It took us 18 months to buy that piece of property and it went from a give away, I'll give you the land, to $15,000.000. Had we known it initially, that the owner wanted some money, we would have probably settled it a long time ago. That was frustrating. We had a major fire house being built next door and they needed some land one way and we wanted the riparian rights or the shore rights on the back so that was a good trade that we got done in a weeks time. We felt good about some things. I almost wish, I know it doesn't make much sense but I almost wish I didn't find the clay because I think we would have it all dug by now. But we did find some clay and however we're using that, we are hauling that clay. I'm very sympathetic and I'm very understanding about your concerns about what your neighborhood looks like. I think one of the things that you have to appreciate is, what you see in a diversion ditch right now, one side of that, the side that faces Glenwood A venue will be the existing new bank of the pond. We intend to do that kind of rip rap all the way around the pond. There is a very, very important question that Steve is eluding to and I guess there's differences of opinion, I think they're healthy that we're discussing them, Steve and I and Paul and the rest of the Board and that is I think that the pond the way you see it, it should be dredged and that's big enough and that should be done. The wetlands if you will, the marsh land to the west of the pond and most of your folks back yard, I personally would like to see that stay as it is. I realize there is a lot of topsoil probably that could be garnished out of there but I think that maybe a project that we could look at later on if we really felt we needed that topsoil and if the neighbors and the Town felt that pond should be bigger. But the only thing that I envision staying until the spring after Paul gets that dug up is a 50 foot earthen dam in front of the dam. That has to stay, the State of New York, DEC has said, until you build a new dam, we feel comfortable if you would leave 50 feet of earth in front of the existing dam. Dig your whole pond out, get everything and then when you put your new dam in then you can pull that 50 feet away. I would hope that we have a 4 acre pond with a walkway around that pond, both on Glenwood Avenue side and parking lot on the Lafayette side befitting to our community, that all of these activities will take place in. I'm truly sorry that it has taken this long to happen. I think Paul Naylor has been very, very helpful on it and he's working with a lot of constraints too. Every time we turn around we do have DEC to contend with and the wild life and the fisheries and everything else. So it has been frustrating but I guess one of the things that we have done, we've put our nose to the grind stone, we've stayed with it. We're going to be criticized for that and we're probably going to be criticized for spending some money on that and maybe its time for you to give us some input too. BOB WHITING-I live on 37 Glenwood Avenue, I just have a couple of quick questions. Being that there is a big deep hole there right now which is probably about 20 feet if not deeper. I'm wondering, is it possible, just to take and fill everything into those holes and just skim off the west half where the marsh lands are and try to just even out everything the way it is right now so we do have a pond that is approximately maybe 9 or 10 feet deep at the deepest part and about 4 feet deep down towards our end on the west end? SUPERVISOR BORGOS-I'm not an engineer but I'll go back to what I said before. Historically when we were looking at a maximum depth of 10 to 12 feet, that's when we ran into the problem in concern with Trout Unlimited, where they said that is not deep enough for the trout. MR. WHITING-Who cares about them. SUPERVISOR BORGOS-Well the fact is DEC cares and we had to write their plan into our first permit or we couldn't have gotten the permit to do what we wanted to do. MR. WHITING-So it has to be ... SUPERVISOR BORGOS-So either it has to be deeper or we've got to go back to the culvert pipe and I personally am concerned about putting a 30 inch culvert pipe in there, in case children get in there, dogs or whatever. You don't know what could happen in the future. COUNCILMAN MONTESI-Its a 1400 foot long, 30 inch culvert pipe. SUPERVISOR BORGOS-Its very expensive. MR. WHITING-That seems to be more expensive to do it that way. SUPERVISOR BORGOS-Very expensive pipe. MR WHITING-But I'm not concerned about the pond being 20 feet deep, myself. I think its hurting us all that they got involved with it in the first place. Second, are we talking sediment ponds, is that necessary? Will this fill back up again? SUPERVISOR BORGOS-The latest proposal we're talking about because we've seen the State use its big vacuum cleaner on either side of Route 9, our proposal and the engineers are talking with the State, would be to put a sediment pond on each side of Route 9 at the bridge. It would be relatively small. Will not be the monstrosity that you'll see in the proposed plan from years ago but be way out on Route 9, once a year. . . in and put a vacuum cleaner in, suck out all the mess and that should take care of it. We hope. So the answer is, you should not ever have to look at that big settling pond in your back yards. MR. WHITING-Alright, thank you. SUPERVISOR BORGOS-You are welcome. See, we've studied all these. We really are spending time on each and every one of these items. We are concerned, we really are. MIKE BAIRD, Queensbury-I have a couple of questions. You know, I don't really know alot about what is going on right now or how far back this goes and everything but what I'm talking, I'd like to discuss procedure. This is a particular project, Hovey Pond. I started a project and I know some friends who started projects. When we went through a project, we knew we wouldn't run into problems where the property was too wet and after we started the project we wouldn't be able to have bulldozers come in on a project. And it was only later that you found out you needed a permit to do certain things on the project? What we're talking about is time, expansion of time on Hovey Pond. I just have questions on it. SUPERVISOR BORGOS- There are 2 separate things. The permit was arrived at early before we did any of the bulldozing work. Since once we had the permit to excavate, then we tried putting the dozers out there and it didn't work. We tried bringing in people from Washington County, they said it wouldn't work. MR. BAIRD-Okay, I think what I'm trying to say is, exclude the permit for a second, and all I'm saying is planning. Did we do planning? I mean did the Planning Department, did the Planning Board or any type of planning have anything to do with this project like others so we wouldn't run into... SUPERVISOR BORGOS-Maybe now is a good time to bring the plan up. Harry Hansen are you here? Do you have the plan with you that was done? The drawing we looked at in your office yesterday? MR. BAIRD-I think what I'm saying is, so that he would know that bulldozers wouldn't make it on the property before they started the project as another time delay. COUNCILMAN MONTESI -Mike, the traditional way to dredge a pond is they call it drag lining. You take your crane and you drop your bucket out and you pull it out. An extremely expensive way to do it and that was part of the $800,000.00 cost. As a second step, we had some people from Washington County come in and say, if you couldn't drag line, what would you do? They said, well we would wait until the winter, we'd let the level go down, we'd let that mud freeze and see if we could bulldoze it out. Well, that was a good idea until we sunk the bulldozer. Well we said, that's not going to work, what's the next step that we can do? Well, we can build roads out and we can back hoe it from each side of the road and that's the process that's working but its time consuming. MR. BAIRD-Its just a question. I think you answered it, you didn't really know until you dredged the pond. See I don't know if you were talking about ... COUNCILMAN MONTESI-Well we knew... MR. BAIRD-just the area where the pond would be drained from, is where the bulldozer's sunk? COUNCILMAN MONTESI-Oh yea. MR. BAIRD-Okay, not around on the property where it could have been planned ahead. SUPERVISOR BORGOS-Mike, let me show you this plan and I don't know if Harry or Karl, can come up later if you want to. This plan is dated January 17th, 1989 which means alot of work went into it prior to January 1989. My guess is probably by mid 88 which was a very hectic and busy year here, by the way. You'll see the dredged areas, this is Glenwood Avenue, Lafayette is out here, the dredged areas, are generally this area, that we're dredging right now. The fill areas have been filled. We've had a plan. We've accomplished this much. We're doing this much. (referring to map) The debate even among ourselves is, what to do back here. There was a proposal for a walkway, a timber walkway to go out into this marsh area. Now if that's what everybody wants as we get to this point, fine, the Board I'm sure will go ahead with this, we'll refill it and you'll have a marsh area. If on the other hand, we seem to be making some substantial progress here and you want waterfront property here, we have to talk about that. That would be a possibility. There are certainly enough water there. We need an amendment to our permit but we have a good record at this point even though its slow, what were doing is good. We're not silting the stream or anything. You then could have a much larger pond. Its pretty much up to the neighborhood. But this has been around for 2 1/2 years now, that it's been in this form. All the revised plans that went for permits are taken off this original plan. MR. BAIRD-It seems like you are running into a problem after, a problem that does in fact stop the Town Board or whatever procedures to continue on your original plan. SUPERVISOR BORGOS-Well its like ... MR. BAIRD-I think my point is ... SUPERVISOR BORGOS-Ifyou went to dig a swimming pool and I guess its a much smaller scale, that you got two-thirds of the way done, out in the middle you found a huge rock. Do you cover it back in or do you blast it? MR. BAIRD-Right, talking under the water, sure you don't know but what about the part about, seriously I'm just questioning, what about the part about preplanning? You got through the project you didn't know that you didn't own the property near Glenwood. SUPERVISOR BORGOS-No, we knew that we didn't own this and we thought we had a deal for it. It just, for some reason, didn't get followed up in the legal process. In fact we actually thought we had owned the property ... MR. BAIRD-It was just a deal by word then or something. SUPERVISOR BORGOS-Well we ... COUNCILMAN MONAHAN-Actually it sat on some attorney's desk and it was not our attorney that it sat on. SUPERVISOR BORGOS-Not this attorney, okay. MR. BAIRD-These are just questions. I just want to make sure. SUPERVISOR BORGOS-Right, we thought that we had already gone through with that purchase and we found out that we had not. Okay? That's one of those things. COUNCILMAN MONTESI-It started out as, its a good idea, we'll give you the land. Then it ... COUNCILMAN MONAHAN-No, no it never was a gift. COUNCILMAN MONTESI-But it just took a long time to answer that. MR. BAIRD- I just wanted to ask the question out front that if I or anyone of my business buddies over here whatever goes through projects these days everything is planned from the start so we know that when we start this project we certainly have room for a parking lot we know that, we know that our neighbors own the property and we don't and I can tell you right now that my project which I have been approved for says that I still may not build until the planning board gets the rest of the survey maps and every other kind of figure I mean I am not as easy as go ahead and build. SUPERVISOR BORGOS-Consistent with that philosophy this Town Board did not do anything until that was done, January 17, January 18th because we had the estimates of all the costs we did all the work we did all the math we did the estimates we knew what it looked like it should be done. COUNCILMAN MONTESI-Talk about how we had to trade to get the land around the dam so that we did not own. SUPERVISOR BORGOS-We traded land around the dam that was only completed six months ago perhaps, five months ago. MR. BAIRD-Maybe I am mistaken, it sounds to me like you got a lot offeet in before all this, all these problems were really addressed. COUNCILMAN POTENZA-I think one of the major concerns, the major concern was when we got the price tag for that pond and it came as a shock to all of us it came as a shock to the Recreation Commission to the Head of the Recreation Dept. and to this Board, and yet we said what a terrific idea this is, how can we, how can we go about getting this project done more economically for the taxpayers of this town. One of the ways we decided was through the efforts of the different of heads of departments in this town saying listen if you are not going, if you are on a clock I cannot help you but if you can do this, if we can stretch the time out then perhaps we can all work together, have an in house project, all work together and we are going to end up with a beautiful piece of property we are going to have our own Crandall Park our own Crandall Pond right in the middle of Queensbury its, the idea and I know it is frustrating if I was living there I would be pulling my hair out but its there Mike, its there, there isn't any project that is better planned than this project was we just ran into things, don't you as a businessman run into things. We ran into clay that can be used in the landfill that would save this town three to four dollars a lingerer yard or whatever. MR. BAIRD-I think what I am doing is asking questions that a lot of people in the Town of Queensbury don't have the courage to come up and ask. SUPERVISOR BORGOS-A lot of them have been asked over the years and have been answered in this form, they may not have been asked by the people in this room tonight but all have been asked they have all be discussed ever since way back. All these were presented in this room many times. MR. BAIRD-lam kind of deciding whether you answered a couple of my questions or not because I knew you would have an answer as soon as I asked the question. But I came up here asking the question about unfortunately the past where the planning started and now you are mentioning something about a parking lot, you do not know where you are going to put a parking lot, to me that is saying you are already through this project we got to close it up or continue now are we going to continue now you turn around asking the neighbors here do we want to fork the extra bill do you want to close it up to save the cost? Where are we going to put the parking lot? SUPERVISOR BORGOS-We already know where the parking lot is going to be. MR. BAIRD-I know where I am going to put my parking lot when I come up before the Board for a new business or a new addition. SUPERVISOR BORGOS-Mike the parking lot is drawn on there it's always been the same place it has not changed. MR. BAIRD-Well, what is with the question just a few minutes ago about your not sure where you are going to put it or how big it is going to be? SUPERVISOR BORGOS-We are interested to know ...since we got a source for the material that we are excavating out of here and for every cubic yard that we take out of this pond we are saving tax dollars on the landfill closure equal to about four dollars a cubic yard, for every yard we take out of there we do not have to buy from somebody else. If the neighbors want we can make this pond a little bit bigger and save all of us a lot of money if the neighbors absolutely don't want it bigger the board will consider that and maybe we will stop just where we are. Then we are all going to have to pay a lot more taxes to do that landfill closure. COUNCILMAN MONTESI-Mike, one of the things that the neighbors unequivocally were opposed to as you look at that diagram right there at the western side you see something that looks like a bunch of lines and those are sedimentation ditches those are quite large they are two or three hundred feet long. One of the concerns that we had when we showed this to some of the neighbors, gee I don't want that in my back yard I like the marsh land I like the stream going by that sort of looks like a swimming pool back there. So, we had to wrestle with again, go back to the plan how can we take some of the sedimentation out of the stream before it hits the pond. Well, the State says one of the ways they do it is they build probably ten feet by twenty feet on each side of the culvert on Route 9, why just that big, as they fill up with dirt they can get a backhoe or their vacuum in right on Route 9 and clean that out yearly. That made a lot more sense to us so now we get those sedimentation ditches out of there and Steve is asking the question, is the neighborhood happy with the marsh land the way it was originally and go back to just about where you see that walkway. (using map) We have a road coming out right now about this far that we are working on we are dredging from it this way. Would the neighbors be happy with this as the ultimate size of the pond for the time being let this go back to being a marsh land the stream will continue through it will come through a culvert and this will be the existing bank of the pond. We will have to do some work on the dam in the spring but, we filled this much in already this has all be filled in with material that we got out of our sewer project, the roadway. This is what we are looking at, it is a big question, because we can finish this relatively quickly, this would just take a lot more time. MR. BAIRD-Let me ask you on an up todate tonight proposal is this what in fact what you are just getting started to do? Are you proposing to these residents and asking them would you rather do this or that and if it is and if they give you an answer will it go for a public hearing, well as somebody else said will we know the figures although it is there street that they live on I think that they want to know the figures and be able to weight it out and will become some kind of public forum so the rest of us can know what the heck is going on because I for one, I got a question I will come up and ask you, and I am starting to get a little bit upset and I have stuck up for the Town Board a few times I am getting a little bit upset with the rest of the people out in Queensbury. You know what is going to happen something is going to happen here and these twenty people are going to know it I am going to know it, right or wrong, good or bad the rest of the Town two years, three years from now, they are going to have a big problem with it, guess what they are lost. They are not here. I cannot stress enough with every issue. COUNCILMAN MONTESI-It is an unfortunate problem they do not attend meetings. COUNCILMAN POTENZA-Mike, I think one of the concerns is, had we not dug down and found the clay or found the rich top soil we would not even consider extending that marsh we would stop at the marsh and say that is it, the project can only afford what has been designed. But, because there is a possibility that we could make more residents in that location, after all they have lived with that frustration for three plus years, maybe they are willing to buy the time to have water front property. MR. BAIRD-Right now, I realize it is 1991 kind of what are we going to do kind of attitude, we should not dwell too much on the past we have had problems apparently, what I am saying not to dwell on it too long someone has already asked it whatever you do is it going to be open up to some kind of future public hearing or is it just going to be mute question here or we going to open or close it? COUNCILMAN POTENZA-It has always has been, you know it always has been. MR. BAIRD-But, I do not know it has this is kind of a grey area to me I do not know if you can legally create, get information packets whatever. A lot of people have a lot of questions and I think that if you offer, not that you haven't offered a lot, honestly a lot of stuff, a few big issues get put into a local front page of the Post Star maybe, sometimes on the radio it does not reach everybody other than that you have a legal notice this small in the legal notice section, somehow if we can reach them like Warren County did with the landfill. That got maybe sixty people here. SUPERVISOR BORGOS-We were so concerned about the public information, I do not know if you were here at the time but we went to the trouble, I personally went to the trouble getting the information, going home on my personal home computer doing charts and grafts of the costs involved, the savings involved an analysis of the expenditure for here the money used for the landfill I gave copies to the press, I am sure Paul Ertell was here, he will remember, gave him a copy of the charts and grafts and the explanation, so that has all been done. It has all been done publicly just you do not always see all of it, there was a story in the paper at that time. MR. BAIRD-Maybe I can speak for some of the public they did not hear it, when you shouted they are sorry and they would like another chance. SUPERVISOR BORGOS-Agreed, that is why we are talking, Mike we brought Carl in ... MR. BAIRD-I understand, I do not... SUPERVISOR BORGOS-We do the best we can do and it is very difficult. MR. BAIRD-When I went to rezone my property on the Corinth Road it was the same thing, I heard you make a remark and you are right, you said, well, where were these people two years ago when it got changed to residential? It is like, we are sorry we were busy we did not realize the hammer was coming down. Hopefully it is not too late. SUPERVISOR BORGOS-It is interesting when you study economics or anything else you always say, all other things being equal what do you do here? Well, you look at this pond all other things being equal and concentrate on the pond we could probably be done in a couple of months, the fact is ...times not everything is equal, landfill over here, another problem over here, over here, and we are doing the best that we can do. We just cannot afford to go out and hire everything done, that is our problem. MR. BAIRD-I hope in a closing statement, not to be too outspoken or anything but I think, I am not sure Harry's got a proposal here he is going to tell what parks going to be and everything like that, I would just like to know are we all going to do that all tonight and that is going to be it? I would like to see some constructive.. . SUPERVISOR BORGOS-We are trying to answer the specific questions of the residents, we are finding now, how much progress we are making we are knowing at approximately what speed we can go, the landfill will be ready to accept a lot more of this material very quickly now that we have the preliminary work done out there, so our time schedules should look a little bit better, how much better they are we have to calculate in the next several weeks. MR. BAIRD-It sounds like we may have a voice in how to engineer the rest of this project. SUPERVISOR BORGOS-Always available. Please state your name again just for the record so when they type it in a couple of days we will know... MR. DAN GEALT-25 Haviland Road-I appreciate the second opportunity to speak, I know a lot of other people, do what to have something to say. I guess that there has been a lot of things to come up lately in the Town where the Town has even gotten down to the question of approving how many farm animals someone is going to have on a piece of agriculturally zoned land. SUPERVISOR BORGOS-Not this Board. MR. GEALT-Not this Board, but the Town of Queensbury, my question is, if Mike Baird had come to you with this plan as it is today would you have said, yes, we can accept this as a plan for development in the Town or would you have said no, you have to go back you have to provide more information you have to show that you have rights to the property if you are asking the business community and you are asking them, Hiland Park, they had to go through one kind of hearing after another they had a proposal and they have to construct that proposal otherwise they have got to go back and have it reviewed and rehearings and things like that. They got a contract with the Town to produce the thing that they said that they were going to produce. Not something different, would you as a Town Board have said yep, we would allow Mike to build this. SUPERVISOR BORGOS-We hear what you are saying my opinion is yes, because, yes, this Town Board looked at these plans looked at the estimates and did what we thought was appropriate based on that information, the problem is this Town Board is not the board that has to say, yes or no to all the developers and to businesses. We ourselves get frustrated with some of the requirements of some of the other boards, everybody should know that this is a political issue and Dan is on the other side just so everybody knows who is talking here and about what we are talking, it is election year so we are... MR. GEALT-Ifyou would like to make that clear, I am the Town Democratic Committee Chairman which I decided not to bring up, but if you would like me to talk about it. SUPERVISOR BORGOS-Just so everybody understands that I know and he knows most of the answers ahead of time, but we will say this, legally the Town Board is not required to follow its own regulations as the State ...we tried to do it. MR. GEALT-We know that, but wouldn't it be nice if you did? SUPERVISOR BORGOS-We go out of our way to follow our own regulations, we have inspections done in buildings that we build even though we are not required to have them done because we believe that the rules are good and should be followed but we do not want to take the blame for what other boards do to stymie other developers and other projects because that is not fair. MR. GEAL T -But, you are of course responsible for the Town Law that enables those Boards so you cannot shrug that off, but that is not... SUPERVISOR BORGOS-You took a shot, now let me take another shot back and just say that we don't have the opportunity to interpret those pieces of legislation which we created but the Board sometimes interpret them differently from what we intended. MR. GEAL T -Legislative intent, it is a great term. But, what I get from Mr. Montesi's discussion here is that what you got here is an artist conception not a plan. We can to this and maybe it is going to be like that, suppose these folks would like to extend or not extend it there is still not plain. It would seem to me that if I was doing this and if Mike Baird was doing this as a project of his own then it would be, or any corporation was doing a project like this, they would say yes, here is what it is going to cost, here an estimate, Rist Frost said $890,000. for doing the excavation or whatever and it would seem to me you say here is the plan here is the schedule here is the budget ok folks we do not have to put this to a referendum approve this or not and whoever votes if it passes then we are stuck with it because we voted for it and you gave us the chance and it is off your shoulders, and now it is on your shoulders. SUPERVISOR BORGOS-This is what is known as a rendering for public purposes. It is based on engineering details we got those maps too, but this, just to prove it to you, one day after the date of that we have here the number of square yards of vitumous parking needed the number of square yards of walkways the lineal feet offencing, the fence gates how many 12' wide how many 4' wide the top soil the seed the mulch the picnic tables the trees the timber walkway the bypass pipe entrance structure all those things are itemized in good engineer detail just like anyone else would be expected to do. MR. GEALT-But that is not the project that we are going to construct now... SUPERVISOR BORGOS-Yes, it is. COUNCILMAN MONTESI-The only question that is changing there and it really isn't a change is we now know that there is top soil and clay there and the question is do we go back into the marsh land to recoup more top soil or don't we. There is some cost effectiveness if the market for top soil opens up if it doesn't there isn't any since in going there. MR. GEALT-Ifit is top soil for sale, Ron, you know, the Town might as well open a paper mill then, the paper market goes up we might as well be in the paper business. We're not in the topsoil business. Not if you've excavated and you've done tests and you can estimate how many yards of whatever material is available, then you are all set. Then you've got something you can go on. COUNCILMAN MONTESI-We know what it is, but is there a market for that topsoil? Do the neighbors want to wait that long ... MR. GEALT-Its not the Town's business. COUNCILMAN MONTESI-And do we want to be involved in that? That's the question. We can continue on this project just the way it is and complete this as was said, Paul said that he could have the pond completely excavated by Christmas time. That's fine. We're asking a question, would you consider us going any farther? How do you feel about that? MR. GEAL T -Can you possibly put this together as a plan with numbers on it and put it to a referendum? Is it legally possible? Could you ask your attorney? SUPERVISOR BORGOS-I'lllook at our attorney, I'm sure it's legal but whether it's required ... MR. GEAL T -You could ask the people and then just say fine, everybody gets a chance to say how we spend the money and its off your shoulders. You don't have to have another meeting like this. SUPERVISOR BORGOS-Each and every amount spent on here, each lump of money that's gone into this from the recreation fund, has come to this Board for resolution of transfer subject to permissive referendum. There has been no calls. It's been public. Everything has ... MR. GEAL T -Yea, and now you're in the hot seat for us. SUPERVISOR BORGOS-No we are not in any hot seat. COUNCILMAN POTENZA-We're not in any hot seat. SUPERVISOR BORGOS-We've explained this tonight, it just happens to be an election time. I know, you know, we've explained this time, time and time again. MR. GEALT-Well these people aren't concerned about election time. I'm concerned about election time. SUPERVISOR BORGOS-You are, but you're taking more time. MR. GEAL T -But there's a lot more of them here than there are of me. COUNCILMAN KUROSAKA-You are taking a lot more time than they are. MR. GEALT-Well they had the opportunity too. Anyhow, thank you for the time and ... SUPERVISOR BORGOS-Sure. MR. GEAL T - Why don't we give them a chance too. Thank you. SUPERVISOR BORGOS-Sure, love to hear from them. Come on up please? Name and address please? BILL GATES- 1 Glenwood-It seems like the only thing that I'm certain at this point is the left hand side. SUPERVISOR BORGOS-Correct. MR. GATES-And you said that it would be up to us or someone to see what we wanted there. How will that be done? SUPERVISOR BORGOS-I apologize. I've been planning to get out to notify you. I've checked with the attorney's office many times because we do have all your names and addresses and I've wanted to fined out if you are interested in having us dig. So a combination of your interest plus our need to do this, then the Board would make a decision. MR. GATES-Okay, there are things we would have to know before we could decide that. Like, you mentioned Crandall Pond. They are not allowed canoe access there. Somebody here mentioned possible use of canoes or something in the past. That would make a difference if a property owner was going to have canoeist behind their home, they may consider not having that extended. If its just going to be a water area that you can look into and enjoy, then maybe they would consider it to be extended. COUNCILMAN POTENZA-Ask the Recreation Director what we have. COUNCILMAN KUROSAKA-Used to be able to put the canoe back in there and a row boat. MR. GATES-I don't mean ... COUNCILMAN KUROSAKA-I used to cut ice out of that dam pond when I was a kid. MR. GATES-George I don't mean depth wise, I mean legally. If you put a canoe in Crandall Pond, they ask you to remove it. Is there going to be canoe access here, is that what you are saying? SUPERVISOR BORGOS-The original concept of this was for passive recreation. No activity anything. Alot of people said, gee, we should allow fishing because that is going to be a dandy trout spot. That hole out there is going to be filled with trout. Some people have said, we should have canoe. This Board has not yet considered officially the question of whether there should be fishing or canoes or other things. We certainly want to hear from you. MR. GATES-Okay, well I think that should be, the canoeing aspect has to be known before these people are going to be able to decide about their backyards. SUPERVISOR BORGOS-Absolutely. If there is some interest that you would want more water back there, then the next question would be, would you like it for canoeing and this Board would have to consider that. MR. GATES-One last question. When will we be asked and when can we decide and when will we know so we can decide and so you can decide and get it done. SUPERVISOR BORGOS-I planned to ask a few months ago. Maybe Kathleen, remind me, we can send a letter out within the next few days to a week and see, get your opinion because your opinion counts for a lot. It's in your backyards. It truly is in your backyards. What do you want back there. Do you want a marsh? Do you want water? If you want water, we'll try to give you water because it will save us a lot of money. If you want marsh, we'll see how much marsh we can leave for you and still save money on other things. MR. GATES-So when you let us know on the canoe aspect, then we should all meet again and at least give you our input as to what we think. SUPERVISOR BORGOS-That can be part of the question. Number 1, do you want water and number 2, would you want it open for canoeing? MR. GATES-Okay, thanks. COUNCILMAN MONAHAN-Steve, I have some questions for clarification. When the topsoil went out for sale, in dollar amount, how much did we actually sell? SUPERVISOR BORGOS-I haven't checked but I would guess, it's only a couple of thousand dollars at the moment. Darleen do you happen to know? TOWN CLERK DOUGHER-No not off the top of my head. SUPERVISOR BORGOS-I know I bought 20 yards, it was a $100.00 and I know some people bought a 100 yards so there's some more. I do have one local customer looking to buy 10 to 20 thousand cubic yards which will give us a real shot in the arm. But there's one thing on that person's schedule at the moment that is blocking that. Hopefully within the next few days, that will be resolved and a huge bulk goes out and we pull in 50 or 100 thousand dollars for material that other wise we would throwaway. Now although we are not in the business of selling topsoil, that's good income to us that will help pay for that dam. COUNCILMAN MONAHAN-But right now, its iffy, right now its. The sedimentation retainage base and there's a new plan now, do we have an estimate on what this new sedimentation base and plan will cost us? SUPERVISOR BORGOS-I'm looking at the engineer and he's shaking his head no. That's not yet estimated. COUNCIMAN MONAHAN-Because the old estimate was pretty high. CARL SCHODER-Rist-Frost-The plan currently to go to Route 9, is something that is in discussion yet with DEC, if that would be permissible. The old estimate was based on the very extensive system that is shown on that drawing. COUNCILMAN MONAHAN-Which was a very high estimate if! remember, about double the cost of the dam itself. SUPERVISOR BORGOS-One hundred, twenty-four thousand dollars, I have in front of me. COUNCILMAN MONAHAN-The third comment I would like to make Steve is that you said and people know that I have questioned whether or not all this money should be coming out of the landfill closure fund ... SUPERVISOR BORGOS-Yes, we've gone through that. COUNCILMAN MONAHAN-and as I also questioned the clay, whether or not it was going to pass in the first place. SUPERVISOR BORGOS-We had an engineering test that said, yes it did pass in a letter. COUNCILMAN MONAHAN-We had an engineering test and a very limited sample which as being an old time farmer, I know it's not the way you do sampling. But that's over the dam now. A $150,000.00 has come out of the landfill fund according to your estimate. You said that $3.00 per cubic yard, therefore we should have 50,000 cubic yards at the landfill. I doubt if we've got 50,000 cubic yards at the landfill. So I'm questioning some of those figures. SUPERVISOR BORGOS-Right, some of that money, Betty, I'm speaking from the top of my head, from memory now. Some of that money obviously is for the bulldozers working to reshape the landfill because it wasn't in shape for closing. COUNCILMAN MONAHAN-No, no, we haven't paid those bills yet. SUPERVISOR BORGOS-Yes we have. COUNCILMAN MONAHAN-I've checked ... SUPERVISOR BORGOS-We paid a couple of months ago. COUNCILMAN MONAHAN-I've checked some of those figures and we were up to that figure by the end of July, where we were doing the reshaping. We started reshaping the landfill about the first of August, if I remember correctly. SUPERVISOR BORGOS-Well then we have approximately 50,000 yards that we've moved. COUNCILMAN MONAHAN-I doubt it. SUPERVISOR BORGOS-Mr. Naylor is shaking head yes. I know we were over 30 at one point. PAUL NAYLOR, Highway Superintendent-Way over Bet. Get your ruler out, we'll go up tomorrow. COUNCILMAN MONAHAN-Okay, I just want to make one comment. We took wet material out. Wet material shrinks to dry material. Dry material we've got to measure. MR. NAYLOR-See how you are. I'll wait until rains ... COUNCILMAN MONAHAN-No we won't. No we won't Paul, if I were buying it on the market, I'd be buying dry material. MR. VOGLER-Sir I have a couple of questions. Has there been any concern where the water is coming from, from across Route 9 going under that dam as to what is polluting it? You know, I see on some days and this stream runs right behind my property, I've seen some awful looking gook running through there and I know that it's just coming from a short distance away. SUPERVISOR BORGOS-To a large extent, we've had several concerns with what we've seen floating in the pond and the edge of the stream and up at the end by Route 9. To a large extent, what is in the pond and along the shores of the stream, we had analyzed and found out that just naturally decaying organic product from the pond. It smells and looks orange and sometimes other colors. MR. VOGLER-At the pond. SUPERVISOR BORGOS-At the pond. MR. VOGLER-But I'm talking about coming down the stream. SUPERVISOR BORGOS-Up further from time to time, we've had problems with a number of contaminates coming in from Route 9 and even one time there was a problem with a failed sewer system way up on Route 9 that got into the stormwater system and flushed itself down along Route 9 and into Halfway Brook. That happened a year and a half or two years ago. We took immediate action, found the problems, cured it and it was done within 24 hours. MR. VOGLER-But you are monitoring that problem. SUPERVISOR BORGOS-Absolutely, absolutely. MR. VOGLER-That's very good. One further question. Is it profitable to extend the pond, for the Town to reduce the cost of the entire operation or no? SUPERVISOR BORGOS-Mrs. Monahan will disagree with me. I believe that it is. MR. VOGLER-So you feel that you're going to get the clay that you would need? COUNCILMAN MONAHAN-No. SUPERVISOR BORGOS-We can't get the clay... MR. VOGLER-But the topsoil. SUPERVISOR BORGOS-But the material that goes on top called the protective layer. We can get that. That's been tested, its perfect for that. We can get it at approximately half the price, a little less than half the price if we go into the market and have it hauled in. MR. VOGLER-So you would make money on it to reduce the overall cost? SUPERVISOR BORGOS-So we're saving $4.00 a cubic yard and perhaps $500,000 or $750,000 to the tax payers on the landfill closure. Maybe a million dollars on that part of it. MR. VOGLER-Thank you. SUPERVISOR BORGOS-You are welcome. Next please? MR. BAIRD-Are you, will you or won't you make a public hearing before anything else gets done on this project? SUPERVISOR BORGOS-I don't know if we'll have a public hearing. We have to get a final determination for engineers as to what the exact procedure is from the Division of Dam Safety so we can have the dam approved. We have to put back a dam. The dam that was there is no longer functional. We can't just fill up the hole, we have to construct a dam. That would be the next stage, I would guess, at which we would be looking for some major input. We may decide we want to have input on the dam and the rest of what's there now that everything is taking final shape. MR. BAIRD-Who gets to decide all of this stuff and when will it be? SUPERVISOR BORGOS-The Town Board will make that decision as soon as possible. MR. BAIRD-And not everybody here ... SUPERVISOR BORGOS-Mike, its got to be done in open session so everybody whose here, whose here at the meeting, will hear it. MR. BAIRD-Well I'm saying, how are we going to know about it? SUPERVISOR BORGOS-Come to the meetings. COUNCILMAN MONAHAN-I would gather, I think maybe you and Mike are not talking in the same language. SUPERVISOR BORGOS-I think Mike wants ... COUNCILMAN MONAHAN-I think what you are saying is, the Town Board has no option, the dam has got to be replaced. SUPERVISOR BORGOS- The dam, there's no option about the dam. COUNCILMAN MONANAN-That's a given. MR. BAIRD-I'm not talking about ... COUNCILMAN MONAHAN-That's a given. MR. BAIRD-Right. COUNCILMAN MONAHAN-Okay, so now you're asking if the Town does what, are you going to be, is going to be done? MR. BAIRD-Right. I don't know about the rest of the people here, I haven't heard any indication when and where and how will we be notified, as you're sitting there saying, everybody can have a say in it. COUNCILMAN MONAHAN-Of which step though Mike, I'm just wondering. Alright, the dam you know has to be done. MR. BAIRD-Well you're talking about a lot of different segments about whether you should close the remaining part out, leave it like it is or dredge it out or whatever, all these things. COUNCILMAN MONAHAN-Okay, alright. SUPERVISOR BORGOS-First we have to get the rest of the information from the neighbors and I apologize, my schedule has just been jammed and I haven't gotten to that. As far as the rest of it is concerned, it was widely publicized before Mr. Schroeder came to a meeting a couple of months ago with all his charts and all the diagrams and spent an hour, hour and half with us. Everybody was there who wanted to be there. Not a lot of people came but it was announced that he would be there to discuss this. I can't force everybody to come. It was in the media. MR. BAIRD-Okay, you've already answered the question ..., you said, it will probably be discussed at open meetings. SUPERVISOR BORGOS-Always at open meetings. MR. BAIRD-So if you make every Town Board meeting, you'll be safe. SUPERVISOR BORGOS-Ifwe know far enough in advance, obviously we tell people exactly what's going to be discussed and if this is a particular item of concern, we can add that to our announcement. I have no problem with that. Sometimes these things come up at the last minute, we just add them onto the list for the night. MR. BAIRD-It seems though we have time, its been 3 years. SUPERVISOR BORGOS-I better not comment. JUNE MANIACEK-28 Glenwood Avenue-I would like to answer your question about what we would like done in the backyard. I'm going to be very agreeable. If you decide to put water, the rest of the residents on the road would like water, I would like water. If they don't want it, that's fine with me because I like the stream in the backyard. We have blue herons, we have ducks, we have crayfish, frogs, turtles. It's lovely back there. Its a haven in the middle of total chaos. The only thing that I don't want is a big black pipe to look at off my back porch or those sewer treatment tubs, which to me, that's exactly what they look like. SUPERVISOR BORGOS- That's why we are saying no to those. MS. MANIA CEK -Yea and I'm delighted to hear that. I've lived in terror of that. When I go outside and I think I have that in my backyard and I have the Indianapolis 500 in my front yard, it gets very, very discouraging. But as one resident, I would go either. It doesn't tell you anything because if you put water, that's fine, and the stream, I like that too. Some progress would be nice and no sediment tanks and no, I don't care I guess that much about fish. COUNCILMAN MONAHAN-June, when you say water, are you talking about water so you could canoe, that type of thing? Or are you talking about a wetland type of water? MS. MANIACEK-No. The wetlands is lovely back there. COUNCILMAN MONAHAN-Yea, more or less as it was. MS. MANIACEK-As it was 3 years ago. We could look out and see water a little bit to the north of us. Behind us, it still was the stream. COUNCILMAN MONAHAN-But encouraged the bird life, the condition it was that encouraged the bird life. MS. MANIACEK-Yea, it's such a pristine location, it really truly is and I've been out there with a shovel for 3 years digging along with the bulldozers and they make more progress than I do. But it's just beautiful back there. COUNCILMAN MONTESI-June, it's important to note that we know one thing, if we leave things exactly the way they are right now, there's a roadway as I pointed out by that wooden walkway, there's a gravel stone roadway out, if we are to stop the project right now and just force ourselves to dig the rest of the pond out to a level of 8, 10, 12, 18 feet, whatever it is, that, its my considered opinion, I think, correctly if I'm wrong, that earthen or stone barrier will remain as the western bank of our new pond. Now... MS. MANIACEK-So it would prevent any water from filling back up? COUNCILMAN MONTESI -Yea, there will be water filling up behind that, not as much as a pond but it will be a wetter land than it is right now because there's going to be a restriction there. Now my thoughts are, gee, get this project into pond shape. Now if we find that the market opens up where we can utilized that topsoil to our advantage, this is just my opinion, boy, there's nothing to say that I can't go back onto that side, not interrupt anything in the pond, get another permit and dig that up if I really feel the need for it or if you feel the need for it, if we do. But right now as it stands, that will be a marshy wetland. Wetter than it is right now if all things are considered equal, then we put, we continue that roadway across, put the culvert pipe in underneath, let the stream flow through, let the pond fill up. It's just some decisions that we have to make. I think what Steve is talking about, if we go back there and take that topsoil, so we may be going down 4 or 5 feet minimum, so it will be a much deeper pond in your backyard. MS. MANIACEK-I wouldn't care I am just getting older. COUNCILMAN MONAHAN-You may decrease the bird life habitat if you do that. COUNCILMAN MONTESI-Personally, I think that, that marsh lands lends something to the whole ecology of that pond but it is not a big argumentative point I think it is a point worthy of discussion and talking about and putting some numbers on. If we were in a market where top soil was selling, like to beat the band, boy I would be the first guy to say it is to our advantage to do it. MS. MANIACEK-Ifit were to an advantage and I guess if time allowed... COUNCILMAN MONTESI-We are confronted with two things we are confronted with what you have been looking at for three years and that troubles me and you might have to look at it for another two years and that concerns me and we do not have a good handle on the market for top soil right at this point so that's what is troubling myself and Steve and we need some input, we need some feeling from you, who are most impacted and I hear what Mike Baird is saying that what about the rest of the Town. Of course we need their input but you are living with it and you are living with it daily, so your imput is important. COUNCILMAN MONAHAN-I keep hearing about the market for top soil which maybe important, I happen to think and I do not know how the neighbors feel but the proper habitat for bird life is also as is important as what the market for top soil is and we should find out what will be the proper habitat for the bird life there also. MR. KENYON-If you found that you had a great abundance of top soil in the back of this building in the parking lot would you dig that parking lot up and be inconvenienced for three years...a period of time just because you had something that might be marketable? COUNCILMAN MONAHAN-I wouldn't SUPERVISOR BORGOS-That is why we haven't gone past the part that is indicated up here, because that is a consideration. MR. KENYON-It just sounds to me and again I guess I am only speaking for myself... the residents that have back yards adjoining the pond that we want this thing done and we want it done expediently and Ron's plan, Mr. Montesi's plan sounds the most viable at this point in time. COUNCILMAN MONTESI-Because we end up with what we promised you in the beginning a pond or four to five acres we end up with the possibilities of going beyond there at a later date if we have to because we have a natural barrier already built. It is just some of the things worthy of consideration but we gain the expediency. SUPERVISOR BORGOS-Are we though the pond issue so we can go to the other items on your list. Would you step to the microphone please. MR. DAVE CEDERSTROM-From the Chronicle-Could you just clarify when you anticipate this project being finished, depending on which option is chosen? COUNCILMAN MONTESI-Lets talk about total excavation so we have some water back in the pond area? SUPERVISOR BORGOS-We are going to have to find out from the engineer when the dam can be built and how long that construction will be because, based upon what Mr. Naylor is saying he can do his part certainly by December of this year. The dam cannot be built in December I do not think. MR. CARL SCHODER-Rist Frost-The permitting process will vary depending on DEC reaction to the drawing...I would anticipate we are looking at a minimum of three months a maximum of six months, seven months maybe to obtain the permits to do the construction. The construction on the dam persia assuming it would be a bid contract probably looking at the order of three months from the award of the bid another I would say four months from the award of the bid and another two months for the bidding process to award contracts and such so you are looking in the neighborhood of six months. If you start on the project in the spring which certainly would be advisable after the high flow period obviously time to do some preparatory work...it would be a summer project. SUPERVISOR BORGOS-By sometime next sununer, end of summer. MR. SCHODER-Fall, I would say. SUPERVISOR BORGOS-Early Fall, next summer the dam could be built we refill the pond, that is a good goal. If the dam permit process goes faster everything could be moved up with construction starting early spring then. COUNCILMAN MONTESI-Bearing in mind it would take us that long to dig the rest of the, Christmas time we have it dug out you got to rip rap the banks to stabilize them or whatever we are going to stabilize the banks and then we are ready ... grade them. COUNCILMAN MONAHAN-Mr. Schoder, question...ifPaul Naylor's crew has all the excavation done by December a contractor or whoever is going to do the dam cannot get in there until sometime late spring will be having all the organic matter start growing again on the excavated land so we have some of the problems that we have had before or will the depth of the water kill the organic matter as the pond is refilled. MR. SCHODER-My first thought would be yes there would be some vegetated growth but of the type of vegetation that would come in would not be vegetation that you would expect to be able to survive underwater or any extended period of time plus you would flood the pond again to re-establish the water level... COUNCILMAN MONAHAN-So we will not have the problems that we have had with Hovey Pond in the past because of the vegetation. MR. SCHODER-...the comments made previously why can't we take it down to something shallower lets say three or four feet equalize the entire thing, over the entire length and someone mentioned milfoil, milfoil it not the only invasive species I would envision that would populate the pond real quickly, additionally there would be a substantial warming again of the water we get back to many similar problems and were in place when the pond was 18 to 24" deep we are trying to avoid that by going ... COUNCILMAN MONAHAN-Until the silt come into it. UNKNOWN-To give a little history of the pond, that pond supplied all the ice, for Hudson Falls, Fort Edward, Lower Washington County, Glens Falls, Warrensburg, and all surrounding areas. COUNCILMAN MONTESI -All the more reason why we need to have some kind of sedimentation ditch because what is in there is... UNKNOWN-That water was drinkable by the year 1900 you could drink water out of that because I, my grandfather had a picture that showed this water is drinkable. This goes back.. COUNCILMAN MONTESI-That is before it went through Broad Acres. COUNCILMAN KUROSAKA- They took ice out of it forty years ago. SUPERVISOR BORGOS-Any other pond questions before I go briefly to the other. Seeing no hands, the other issues, commercial development on the corner we were all as concerned as you are with the Block Buster and Trusco situation, I personally concerned that so much of the parcel was used that it is nothing but blacktop and the roadways are terrible. Interestingly enough when I went down there for the natural gas main break a few weeks ago, one of the neighbors came out and said she loved it, so happy it is there, couldn't think of anything better nicer, so I guess in the eye of the beholder or something. That's where, that particular project is, please be assured that this Town Board did not approve that it did not come before us, we did not approve some of the set back requirements COUNCILMAN MONTESI-Driveway cuts SUPERVISOR BORGOS-Planning Board, Zoning Board of Appeals all those decisions, that's one thing. The Saw Horse what eventually goes there I do not know, again, it will not be up to this Town Board as much as we like to, to talk, the Planning Board will not take to us unless they are all together at one time, very bluntly, I got letters and it has been in the newspapers they will decide based on what is in the what is permitted in that zone as far as what will go there it would be incumbent upon you to appear at the public hearings for whatever proposal is planned there, there are public hearing held on site plan review and you go in and state your feelings. Then that Planning Board will hear what you say. I have no idea what is going to happen with that, if it will be sold right a way or not I think probably it will be sold fairly quickly, my best guess. COUNCILMAN KUROSAKA-A viable location. SUPERVISOR BORGOS-It is. You are asking also about the speeding we have a low speed limit there it is the lowest speed limit in the Town, 30 mph that is lowest we have anywhere except in front of some schools, the only thing we can do is again request the Sheriffs Dept. and the State Police to increase patrols. There is nothing else that we can do. UNKNOWN-Is there a possibility to place speed bumps? SUPERVISOR BORGOS-No COUNCILMAN MONAHAN-They are illegal. SUPERVISOR BORGOS-Mr. Naylor will tell you, I assume that they are illegal ...he is nodding his head yes, you can do some of those in your own parking lots but for public streets and roads, it would work there is no question about it. ... Creates accidents, it would definitely slow down the traffic. It is a matter of the drivers I was walking up the Queensbury School a few weeks ago..... COUNCILMAN KUROSAKA-People would not go through there before because there was not a stop light, now there is a stop light there they are all going through there. SUPERVISOR BORGOS-We will ask the Sheriff to take a look at that immediately so in the next few days you will see red lights. UNKNOWN-We would suspect if that was patrolled on a fairly regular basis for hopefully a relatively short period of time that the word would get out and that would deter many speeders from coming down that street.... MR. VOGEL-Is it possible to have a flashing light, and orange light saying 30 mph strictly enforced as you see on curves, caution 20 mph? SUPERVISOR BORGOS-Number one that is a County highway, not a Town highway even though it is in the Town, that is a County highway we can mention it to the County if it is permissible under the vehicle and traffic law we can push for it, if it is not permissible there is nothing we can do, but we can ask about it. COUNCILMAN MONTESI-Mr. Vogel, who wants the blinking light in front of their house? MR. VOGEL-Put it in front of mine.... COUNCILMAN MONTESI- Ok, we got an answer that is great, because normally no one wants it in front of their house. MR. VOGEL-I am more concerned about kids riding bicycles down the street, I am more concerned about that than I am the inconvenience of have a light flashing in front of my house. Put it in front of mine no problem. MR. BOB WHITING-37 Glenwood Avenue, would you consider widening the road or putting a bike trail along Glenwood Avenue, that is a gateway to the bike trail we got joggers the road is really narrow and I think it is even more narrow than the previous road. SUPERVISOR BORGOS-Once again it is a County Road instead of a Town Road I am sure this Board would send a letter requesting that I would recommend you as neighbors to address a letter to the Highway Superintendent Fred Austin Warren County requesting that the road be widened, send a copy to all of your five Supervisors from the Town of Queensbury, five County Supervisors, that would start the investigation process. But the County would have to make that decision because it is a County Road. COUNCILMAN MONAHAN-Steve I would caution the residents of one thing, because they have not realized this before when we started some of these projects, I do not know where the County right of way is and does it mean that you are going to have to give up some of your property and does it mean you are going to have to have trees cut down because sometimes that has been the final determination people have said no we do not want to give up property nor do we want trees cut down so, think of it, think the situation all the way through before you go forward with it. COUNCILMAN KUROSAKA-Some of those roads are not deeded, you only own, the County only owns what they maintain. COUNCILMAN MONTESI-If it is a deed right of way then from the center line the County owns twenty five feet on each side, Paul is that 24' wide road, Glenwood? MR. NAYLOR-I would not guess... COUNCILMAN MONAHAN-That is an unfair question. COUNCILMAN KUROSAKA-I do not think it is twenty four I think it is closer to twenty. COUNCILMAN MONTESI-If it is twenty feet, you just have to appreciate that on each side of the edge of the road fifteen feet the county owns, how much of your front yard do you want to loose to a bike trail? I am not being negative I am just saying that is a fact of life and you say well that is a great idea but put it on that side not on this side. MR. WHITING-We have discussed that and it seems that we have a general agreement that it can come down the southern side of the... COUNCILMAN MONTESI-The pond side. MR. WHITING-No,...even if the people were using a few feet of property to protect not only the safety of their own children and themselves but all of the... COUNCILMAN MONTESI-That is good and encouraging you thought of that already. MR. WHITING- There is a similar bike path as Glenwood extends over Quaker Road and again there is a lot of questions to be answered certainly but in our minds we think that maybe something similar to that would be, again a lot of people ask us to get them off the highway. COUNCILMAN KUROSAKA-..large shoulders, because you cannot call it a bike trail. COUNCILMAN MONAHAN-I do not know about a bike trail if it has to be on ... SUPERVISOR BORGOS-A bike trail can be on one side or the other side they are suppose to go in the direction of traffic though, I guess it would have to be on both sides.... COUNCIMAN MONAHAN-It seems to me that County Club Road is on both sides, isn't it? Round Pond Road. MR. NAYLOR-Both sides... SUPERVISOR BORGOS-Any other comments from Glenwood Avenue...I do not think that we have definitely solved all of your problems you certainly stated them to us a lot of them are surprises, we are trying to answer...come to the microphone please? COUNCILMAN KUROSAKA-Most of us agree with you, you have a problem, we would like to get it done fast too, but we are going to do it right. UNKNOWN-I think what we are talking about is widening of the shoulders and I hope the other end of Glenwood Avenue it is just on one side not on both sides, and on Country Club Road when you get up past where it comes out near the Golf Course it is only on one side. COUNCILMAN MONTESI-What they have done on Country Club is they have forced you to one side so that no body has to cross the road with the bikes.. SUPERVISOR BORGOS-Good point. Any other question? MR. KENYON-Maybe just to wrap it up we do not want to be sitting here again two years from now and certainly three years from now addressing these same issues, again I think we have been patient we understand that there has been complications we understand the complexities of the fiscal consideration of the Town and we understand that we are certainly just one neighborhood but it has been a great neighborhood and we want to see the integrity of that neighborhood remain and increase. Again, this pond was some hope for us to see that and again, we do not want to come back two years from now and say where are we now, we want action. SUPERVISOR BORGOS-Thank you, we agree, except that we hope that some of us are sitting here three years from now, that can change fairly quickly. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 487, 1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza: RESOLVED, that Audit of Bills as appears on Abstract dated September 9, 1991 and numbered 91391100 - 91448800 and totaling $309,669.45 be and hereby is approved. Duly adopted this 9th day of September, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 488,1991, INTRODUCED BY: Mr. Stephen Borgos WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board hereby moves into Executive Session to discuss matters of personnel, matters of litigation, Attorney Client Privilege discussion, litigation regarding Wunderlich, potential litigation regarding estate matters and landfill. Duly adopted this 9th day of September, 1991, by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION TO COME OUT OF EXECUTIVE SESSION RESOLUTION NO. 489,1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Stephen Borgos RESOLVED, that the Town Board hereby adjourns it executive session and moves back into Regular Session. Duly adopted this 9th day of September, 1991, by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION OF APPOINTMENT - Q.E.C.D. RESOLUTION NO. 490, 1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury has received notice from the Queensbury Economic Development Corporation that Mr. Louis e. Gagliano has resigned as Director and therefore there is a vacancy on the Board of Directors for Q.E.D.C. NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury after giving due consideration does hereby appoint Mr. Herbert Heineman as Director to the Queensbury Economic Development Corporation effective immediately, term to run to the end of December of this year. Duly adopted this 9th day of September, 1991, by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION OF APPOINTMENT-QUEENSBURY BEAUTIFICATION COMMITTEE RESOLUTION NO. 491, 1991 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town Board of the Town of Queensbury has been advised that there is a vacancy on the Queensbury Committee for Community Beautification and WHEREAS, Susan Whiting, Chairman of the Queensbury Committee for Community Beautification has made recommendations concerning the appointment of Peter Watkins to the Committee, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury after giving due consideration hereby appoints Peter Watkins to the Queensbury Committee for Community Beautification which term is to take effect immediately, with said term to be to the end of 1991. Duly adopted this 9th day of September, 1991 by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION AUTHORIZING ATTENDANCE AT CONFERENCE RESOLUTION NO. 492, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi: WHEREAS, Harold r. Hansen, Director of Parks and Recreation has requested permission to attend the National Recreation Parks Association, Annual Congress For Park and Recreational Professionals, and WHEREAS, the Town Board of the Town of Queensbury has given due consideration of this request including the expenses thereof and associated therewith, NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes Harold R. Hansen to attend the aforesaid Congress For Park and Recreational Professionals at town expense with the necessary vouchers and receipts to be submitted for reimbursement, to be paid for from the Conference Expense line in the Parks and Recreation Budget. Duly adopted this 9th day of September, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None RESOLUTION REGARDING LITIGATION WITH JOSEPH R. WUNDERLICH, INC. RESOLUTION NO. 493, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury is currently in litigation with Joseph R. Wunderlich, Inc., and WHEREAS, the Town Board of the Town of Queensbury has been advised of the possibility of appealing a decision of the Appellate Division to the Court of Appeals and NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury after discussing the matter with the Town Attorney decides that it does not wish to have its Attorneys file an appeal with the Court of Appeals concerning this case and understands this matter will therefore proceed to arbitration in accordance with the terms of the provisions of the contract with Joseph R. Wunderlich, Inc. Duly adopted this 9th day of September, 1991 by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION TO RETURN TO EXECUTIVE SESSION RESOLUTION NO. 494, 1991 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza RESOLVED, that the Town Board of the Town of Queensbury hereby returns to Executive Session for items not covered earlier. Duly adopted this 9th day of September, 1991, by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Potenza, Mr. Borgos NOES: None ABSENT: None On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk