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1994-05-16 TOWN BOARD MINUTES MAY 16,1994 7:05 P.M. BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN DR. R. GEORGE WISW ALL COUNCILMAN NICK CAIMANO COUNCILMAN BETTY MONAHAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Tom Flaherty, Mike Shaw, Paul Naylor, Harry Hansen, James Martin SPECIAL GUESTS Mr. Victor Grant, Chairman of the Warren County Board of Supervisors, Mr. Ron Montesi and Mr. Dan Morrell, Queensbury Supervisors of the Warren County Board of Supervisors PRESS: GF Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DR. R. GEORGE WISW ALL Supervisor Champagne called meeting to order ... first before we start, I'd like to introduce Mr. Vic Grant, Chairman of the Warren County Board of Supervisors who is here with us this evening to evaluate me. Mr. Vic Grant-Thank you Mr. Supervisor. First of all it's a pleasure to be at your meeting tonight. I try to make a point to visit all of Warren County Supervisors when they do conduct their meetings and as Fred indicated, he thinks I'm here to evaluate him on his progress. Well, he's absolutely correct because I am. But I think it's important that you people know that I have been quite busy on the county level. Fred serves with us on nine different committees and chairs a committee and I want you to know I'm very pleased to watch his actions over the last five months, that he has participated at those meetings and he's conducting the business of Warren County. I like his actions, he's rather a conservative person and that meets my level. So, Fred thank you for what your doing, it's great to have you as a part of my staff. Supervisor Champagne-Thank you. Also with us this evening from the Warren County Board of Supervisors, Ron Montesi and Dan Morrell. It's nice to have you folks join us. PUBLIC INFORMATIONAL - NORTH QUEENSBURY SEWER Supervisor Champagne-We're here to discuss the North Queensbury Sewer District being proposed. I'll introduce Shawn Veltman from Clough Harbour and Bill Remington from Warren County Deputy Superintendent of Public Works. Mr. Bill Remington-I'm going to start off by saying, we've appreciated the input from the residence in our May 4th meeting, informational meeting at the fire house. With that, one thing led to another and I think we have our proposed solution for North Queensbury Sewer Project and to keep it as short as possible, I'm going to turn it over to Shawn Veltman to go over that solution. Mr. Shawn Veltman-I too am very pleased to be here tonight. As Bill said, we presented a number of different options for sewering in North Queensbury area May the 4th at a public informational meeting down at the North Queensbury Fire House. At that meeting we presented what we identified as seven different options for wastewater management in that area and the general consensus at the meeting is that none of the alternatives that we presented at that time was an option that everybody could agree with. And we kind of concluded at that meeting with a direction to go back to the drawing board and look at some other different options and incorporate perhaps some of the elements of various plans into a plan that tried to address all of the requirements of the project. Essentially following that meeting we sat down, we took all the input that we received and we've come back with what we call our alternate 3A which is a modified proposal for sewering in the North Queensbury area and it's something that we both think is a new innovative idea, I think there's alot of input that went into this proposal from alot of different people, alot of the committee representatives, the association representatives that have been involved in the evaluation of the alternatives for North Queensbury. I'd like to just briefly present what we're looking at, at this point in time and then open it up to questions. I'm not going to rehash the seven alternatives that we looked at, at the May 4th meeting. I think those pretty much have been decided that those options are not options that the town would like to pursue into the SEIS but what we would like to do is get some feedback on this latest proposal. I do have copies of the handout and I will distribute those. Each of the Board members should have a copy. Essentially, we're still talking about the same service area that we looked at the original meeting on May 4th. We have taken consideration though in the planning for project, at the meeting on May 4th, there was a number of people that expressed concerns about the area extending over to the town line and we have indicated that this would be an area that in the future would be considered for inclusion in this project and we've looked at it in terms of the facilities, the sizing of the land areas that we would need that would allow us to incorporate that. We don't at this point in time have enough information to identify specific needs in that area. So, what we've really done is identify two service areas for North Queensbury. One, which we can identify here on the map in blue which would be the area that we would initially project would be included in any proposed wastewater management district. Then this area extending in green, that would be an area for future service by the facilities that I'm going to talk about here tonight. Let me say that the proposal that we're looking at this point in time, we did go back and we looked at a modified form of collection, this is at the suggestion of alot of the people from the advisory committees over time and something which we finally went back and put some numbers to. The first element of the proposal is that we would collect the wastewater from this area that we've identified in blue to a low pressure, what's called a septic tank effluent pump system, it's a step system and there's a couple of reasons why we would want to look at a system along that line. The first one is a zero infiltration system because we're collecting the wastewater, following it would go through the septic tank of each of the homes. If the septic tanks weren't in good condition, we would replace those. We made some estimates of how many those tanks would need to be replaced based on the surveys that were done by the town representatives in the last few years. But following the septic tanks, we would install what's known as an effluent pump. That effluent pump would be basically treating or collecting and pumping treated sewage which would be free from solids, relatively free from solids and pump it into a low pressure small diameter force main and we would collect the effluent from each of the homes in the projected service area in that way. We would then have a system where we would have very low infiltration because we're operating under pressure. The other thing that a system like that allows us to do, is to meter each of the, the inputs into the system with positive pumping into the system from each of the homes, we're able to put metering devices on each of the pumps. We can either put on hour meters or we could put actually a flow meter on each of the systems which allows to, probably the best way and the most equitable way to assess cost to each of the properties. The other thing that it would allow us to do is to set an increase in block rate structure for rate and what that would be is to set certain minimum volume for each type of residents based on a reasonable amount of sewage flow and we would have one rate for up to that level of flow and then we would develop a second block that would have a higher rate of charge for flows that exceed those values and the purpose for that structure is to promote conservation. We think by doing that what we're going to do is we're going to promote the retrofit of existing homes that have non-water saving fixtures would go to water saving fixtures as a conservation measure. The other thing, by metering each of the discharges in the system that we'd be able to do, is we would actually set the debt service charge or the capacity charge for any of the facilities based on the actual maximum use of the system. So, for example, we would be able to meter during the peak periods of the Summer, the contributions from seasonal residents into the system. It's that peak period of use that sets the size of the facilities that have to be built. The size would mean, the force mains, the size of the treatment facilities and the debt service would be structured based on that peak need and we would establish those costs based on actual meter consumption. So, all those factors together would tend to promote and drive conservation and minimization of waste. And our projections and projections by, in other communities that have incorporated systems like that, that we be able to cut the cost that we had originally estimated for this area by about forty percent. So, instead of looking at three hundred and fifty thousand gallon a day facility, that peak requirement for the Sununer, we would be looking at a facility that would have to handle a peak about two hundred and thirteen thousand gallons a day. It's considerable savings in the size and the cost of the required facility. Now, the new element of this concept is that, we had talked about a number of different options and it always come downs to the issue of where we're going to dispose of the waste and the only outstanding offer that's been put forth on the table is that, we know that we have a willing potential seller from John Salvador at Dunham's Bay Lodge. He has about a hundred and twenty-five acres of which only about twenty or so acres in the front of the property are currently developed and John has indicated that he would be willing to negotiate the sale of his property to the Town of North Queensbury. We did go out, we did some preliminary soil test information on the site. The soils are not ideal, they're not as good as some of the other areas that we have looked at but it's our belief that they can be engineered to accept the effluent that we'd have to deal with on this system. Particularly if we look at it with the concept that we're dealing with. The application rates that we're talking about for these soils are about a tenth of the application rates that are currently being applied in the Village of Lake George, the more sandy soils or that we had evaluated when we looked at the Pickle Hill site. So, it means that we have to have facilities, if we're going to go into the ground that are about ten times the size in area then the facilities that we would have at those other locations. That's if we wanted to go in the ground and always the key issue has been here, we had looked at originally in our option 3, which we looked at, at the May 4th meeting, is try to put it all into the ground to one large subsurface disposal facility. What we were looking at, like a forty acre footprint for a massive, for a fill system and we still had concerns that during the peak periods of the Summer without conservation measures, that we would have a difficult time engineering the site, to be able to get it into the site and then allow it to move away from this fill area without groundwater mounting. So, I think the paper correctly categorized the, John Salvador kind of made an off-handed remark at the meeting, after the close of the meeting on May the 4th, I had mentioned to him that we ought, if we were to go with this site that the ideal thing would be to try to ... the flows to one of the local golf courses during the Sununer because you apply wastewater to fairway areas of golf courses, you don't have to have the soil convey away the wastewater because the evaporation of transpiration that occurs from the vegetated growth of situations, uptake, that it's not like your trying to carry and get all the water into the ground. The root structures, the plants take up alot of water, there's alot of evaporation, alot of transpiration that goes on that it's an effective facility. So, John said, "Well, why don't you build the golf course on the back of my property"? In fact, that's what this current proposal is, is that we're looking at bringing the collected effluent from all the various areas to a treatment plant that will be located on the Salvador property where we would construct a tertiary treatment plant that would consist of a number of different stages which would produce a highly polished wastewater effluent. We would incorporate as a part of that system a tertiary system for phosphorous removal to remove phosphorous to fairly low levels and we would then have a clean polished waste that could be applied effectively to irrigation of the fairways. We did do some calculations in a well established golf course, you typically want to put down about an inch a day of water over the fairway areas to maintain good and ... penetration and during the Summer periods, we actually found out that if we developed, on the back of John's property, if we developed a nine hole course, that during the Sununer we could actually use all the effluent produced by the treatment plant for irrigation purposes. And we did the second sheet in the handout that I provided, gives you a mass balance that shows you where at any point in time during the year where the flow from the system can go. You can't apply, you don't get uptake from the system like this during the Winter months and what that means is we do have to have as a functional part of the system, we also have to have a plan to be able to get the wastewater into the ground during the Winter. But we're talking about lower quantities that need to go into the ground. So, the concept that we have is to construct as part of the fairway systems, would be a dual wastewater disposal mechanism. We would have subsurface disposal, we'd build into the rough areas infiltrators that would allow us to infiltrate wastewater during the Winter into the ground and we'd have it disbursed over a fairly large area which address our concerns from an engineering point of view, groundwater monitoring in trying to put it all in a concentrated area and then we would have during the Summer months, we'd have the opportunity to use the biggest portion of the effluent when we have the biggest wastewater generation for irrigation purposes. So, that's essentially the concept we've developed for this new, I call it modified alternative 3A. We have developed some numbers for this. I would envision that this facility would be something that would be constructed as a part of the town sewer district because the effluent disposal system is an integral part of the golf course design. They're not separable. We've got subsurface disposal and wastewater irrigation that is a critical element of the facility's design and I think that this really has to be operated as a multiple purpose system. It's got to be a wastewater disposal system and it's got to be a recreational facility and we tried to reflect in the cost of this, there would be revenues that would be derived as a result of the golf course operations. I spoke to Ray Rudolph who is on our golf course development group, we got some numbers for what you could expect for revenues from the system. We developed some numbers based on what it would cost to develop or construct a golf course, a nine hole golf course like this but essentially we've come up with a total capital cost for this alternative of about fifteen point one million dollars and when you compare that, if you go back to the last page of the handout that we have developed, you can see the options one through six that we presented, the first category we were looking at various alternatives ranging anywhere from twelve to sixteen million on a capital cost basis. It's certainly not the lowest one we've looked at but it's not the highest one either. The positive thing is that there is a revenue stream that's associated with the facility that wouldn't be associated with any of the other options but on the same token there are costs to maintain and operate the golf course facilities to keep those functional. I think what it really all boils down to, if you flip to, it would be the second to the last page in the handout, we tried to look at this on how it relates on a user basis and if you look at the first set of numbers which says the user cost summary, we're showing that the capital cost of the project, we're estimating fifteen point one million dollars. The first year capital cost if you assume that it was financed based on a thirty year bond at seven percent, it would be one point four million and that was derived based on the peak periods of usage. That would mean that you would pay twenty-four dollars per thousand gallons on a capital cost charge for facilities based on your peak usage, any customer within the district. Then we go on to look at 0 and M costs and the net, after you consider the revenues and costs that would be associated with the golf course facility, we looked at a net operating cost at about a hundred and ninety-five thousand dollars a year which translates into a user charge of an 0 and M cost of about three dollars and fifty-three cents per thousand gallons of wastewater treated. We did go on down to calculate what that would mean in terms of household costs and we took examples. One would be a permanent residence, assuming that they've had water conservation devices in their homes and then we looked at a seasonal residence and if you apply the apportioned system that we have proposed, you'd be looking at debt retirement charge for the year round permanent resident, about fifteen hundred dollars, that's considering no grants made. An 0 and M charge of about three hundred and nine dollars a year, a total charge of about eighteen hundred dollars a year. On a seasonal resident, we had looked at costs of about, for debt retirement, it was about seven hundred and seventy-nine dollars a year and a hundred thirty-seven dollars a year for 0 and M, to reflect the fact that there is alot less usage. We did... figure in those that there would be a minimum 0 and M charge of twenty dollars per quarter, regardless of whether you were using for any quarter or not to account for some of the fixed 0 and M expenses. But essentially, the thing to keep in mind is that generally when we talked about grant programs, there is no grants and aid for 0 and M expenses. I mean those are things that are not going to be offset by grants and aid but we did a calculation that would indicate that if we were able to secure about eighty-five percent grant and aid, which is the level of funding that used to be available for facilities of this type and that maybe available for facilities of this type under the proposed amendments to the Clean Water Act, that we would be able to do this for seasonal, full time year round permanent cost of just under five hundred dollars a year and the seasonal cost would be proportionately less than that. So, there are obviously, I mean this is a new proposal on what we're trying to do. We think we've tried to address some of the concerns. There's concerns already, I mean, no option, no solution that we look at, doesn't have some concerns. I know there's been some concerns expressed by some of the business people in the area about the fact that, you know, another golf course would present competition for other facilities that are out there. But like, every other option that we looked at there are concerns and there are trade-offs that have to be made and I think what we're looking for tonight is some kind of indication from the town on what your feelings are on this particular option. SUPERVISOR CHAMPAGNE-Thank you Shawn. Before I open it up to hear the public, I'd just like to make a couple of comments. For those of you that have been around here for a number of years and probably some of you are closer to this than I am, I'm going back to the late sixties, maybe even early seventies, you remember that we've been looking at a sewering system for Lake George during that period of time. And from that twenty some odd years, it's been looked at more then just once, twice or three times and I think we're at the stage now where we believe that, having looked at all the other alternatives, keeping in mind the Pickle Hill issue, I'm sure that we've beat that one to death. And I think it's a given fact that this Board as well as the previous Board very much opposed to locating any type of a system at the Pickle Hill location. And also, searching out other properties throughout North Queensbury, whether it be the fire house location or anywhere else, there just does not seem to be, at least in the eyes of the engineers and those of us that have scurried across the north Q area, to be an area that would be satisfactory suitable with the soils that are necessary to accommodate this type of subsurface flow. So, I guess, we've reached a conclusion from alot of good input, from the north Q residents over the past couple of public hearings that we've had, to kind of settle on something here that at least will get us off the dime. At least we've got a direction now, we've got a piece of property identified. We're talking about a golf course and I have to be very honest with you, that's still in the conceptual stage, there's going to have to be an awful lot of engineering done and other identifiers out there to give us a direction. It's created some interest, obviously on the part of some of the other local golf course proprietors and there maybe some other possibilities that we haven't looked at yet. The other issue I think that we need to make clear, is that in today's world, from what I understand and I have to go by the professional advice of our engineers, is that we're no longer allowed to take wastewater out of the Lake George Basin and if you look at the southern most portion of that perimeter, if you will, of the Lake George Basin, my understanding is that it's just somewhere north and I don't know exactly where of Route 149. Can I say that Shawn? MR. VELTMAN-Yes. SUPERVISOR CHAMPAGNE-So, we have that barrier along with the other inhibitors that I think we've discovered along the way. So, that the final research, I guess points more and more toward this particular concept and I just feel very comfortable that at least it's leading us in a direction and maybe even Vic Grant might want to say something to the effect that we are out there searching for dollars. This concept will in fact be taken to Washington where we will make a bid for hopefully finding some federal monies to off-set the cost. And if you look at the dollar amount here that Shawn was talking about, somewhere in the neighborhood I guess of a permanent resident, of three thousand fifty-seven dollars a year, with a little luck and I think he mentioned this also that, that will be hopefully cut back from capital costs that would be absorbed by federal monies to somewhere in the neighborhood of five hundred dollars or something less than that. Because that's what I believe and I think this Board believes that the local residents of North Queensbury basically would be willing to accept if in fact they're ever going to have sewering in North Queensbury. You get over that five hundred dollar mark and it becomes financially, maybe not impossible but certainly extremely difficult to get that type of dollar up front in order to accommodate a sewer system. So, I just wanted to pass those remarks along to bring you up to date as where this Board has been over the passed four or five months and since this is in our good friend Betty Monahan's ward, she may want to have some comments to make also in terms of what her past few months have been like. COUNCILMAN MONAHAN-Well, in the first place I want to tell of you I was not at the meeting of North Queensbury because I was in Annapolis. SUPERVISOR CHAMPAGNE-I failed to announce that, that night. COUNCILMAN MONAHAN-I'd just like to ask Shawn something for clarification on page 2, where under the colunm it says irrigation required rate, effluent rate and supplement rate. I would read this that we've got to supplement that effluent rate by twenty-nine thousand gallons from some place for the first month there. MR. VELTMAN-Yes. COUNCILMAN MONAHAN-Where do we think we're going to be able to get that amount of water that's shown in that colunm? MR. VELTMAN -Well, we had, when Ray Rudolph put together the calculations for the golf course irrigation, the desired level of irrigation to maintain the best root structure development for a golf course, is about an inch a day to put down and we figured that would happen during the, there's about four months out of the year, when that would actually happen. The question would come up as to whether or not, if you fall below that, you're not going to get as good a healthy grass development and root development. But obviously there's alot of facilities that put down less water then that every day on their fairway systems and I think it would be safe to say that even with the effluent, we would probably have more irrigation in this facility then alot of golf courses around the area would have. I don't know, I mean if you, obviously you could get, you could pull the water from Lake George and supplement with water from the lake or even pull from, potentially from wells on the site. I don't know whether you would really want to do that or not, it all depends on the level of quality that you want to develop and keep on the golf course. COUNCILMAN MONAHAN-I assuming that if we had to pull water from Lake George, we'd have alot of other permits and other agencies to go through to do that? MR. VELTMAN -You would probably have to get a water supply application but I think it would be a relative, you know, you're talking about twenty-nine thousand gallons a day and the lake COUNCILMAN MONAHAN-But a high of sixty some odd. MR. VEL TMAN-Y ea. COUNCILMAN CAIMANO-You're talking about two million gallons for July. MR. VELTMAN-The average discharge out the lake over the year is about two hundred thirty-five million gallons a day. MR. RON MONTESI-I guess you answered part of the question for us but I see Mr. and Mrs. Smith from the Queensbury Country Club here and I, the thought passed my mind that perhaps, before we built the golf course, it might not be a bad idea to see if they could use the irrigation because there isn't Queensbury water up there. But, you did answer the question in that, if you recall Victor Grant saying if you're going to do any out of basin discharge, that you need eight states in the greater lakes district to approve of that and it seems like a big bureaucratic problem but there is a problem with taking water out of the basin. Just to go to Glens Falls sewer treatment plant, would have been a major undertaking for getting that approval and I think the Queensbury Country Club falls short of the in basin concept. COUNCILMAN MONAHAN-Not the upper levels of that now. COUNCILMAN CAIMANO-No, not the upper level though. COUNCILMAN MONAHAN-Part of the area of your golf course is within the Lake George Basin. COUNCILMAN CAIMANO-It's on the north side of 149. COUNCILMAN MONAHAN-Yea, in fact I would say the majority of it is probably within the basin, right? SUPERVISOR CHAMPAGNE-Well, you know obviously Mrs. Smith and I had some conversation, Mr. Smith had some conversation today and I was pleased to hear from them to be very honest with you. I think right now, we are under study. We passed that along to the engineers. We are identifying the precise location, number one but number two, I would not have any reservation about going to those eight governors, where ever they are, and say, "Hey governor, you know we have the right way of doing things and would you be supportive of pumping water another few feet down the road to accommodate an existing golf course that's there now"? So, certainly that's a concept that still is under study and we will certainly give that some very, very thorough examination before we leave it, certainly. I do appreciate you being here Mr. and Mrs. Smith and certainly, I saw them shaking their heads about an inch of water on the fairways. Probably, you're fortunate to have a quarter of an inch of water at max, or no water at all. Right, other then rain? And those fairways are in pretty good shape. So, obviously, that could work. Certainly, that could work to our advantage, I'm sure it would save some money, I would believe. We had it at Pickle Hill and that's only down the road a short distance. So, it all may make sense, I'm surprised they didn't come forward back when the Pickle Hill issue was underway, that would have eliminated my heartburn since last January. COUNCILMAN MONAHAN-Yea, but that was different because Pickle Hill wasn't going to be treated to the extent. SUPERVISOR CHAMPAGNE-Well, that's true too. COUNCILMAN CAIMANO- That's not the same thing. SUPERVISOR CHAMPAGNE-That's true too. Yes sir. MR. CHARLIE ADAMSON, Assembly Point-I'm kind of overwhelmed. I would like to congratulate Clough Harbour, appraise them. You don't usually find somebody, I mean holding hearings and listening as well. I think they've done, as far as I can see, they've done a spectacular job in listening. So, I think it's great. SUPERVISOR CHAMP AGNE- Thank you, I'm sure they'll appreciate that after the past several years. Anyone else care to speak on this? MR. SMITH-I'd just like to let everybody know that there are five golf courses in Queensbury and I know the Glens Falls Country Club is looking for members, Hiland is in trouble and if we put another golf course in on top of this, all of us are going to be in some trouble. So, I think we should look at that. SUPERVISOR CHAMPAGNE-Sure, thank you. UNKNOWN-Is there a reason why it needs to be a golf course and not like a soccer field or a baseball field or something else? Is there an advantage to having it be a COUNCILMAN CAIMANO-Income, I would imagine, potential income. Isn't that right? MR. VELTMAN-Well, that's one advantage ofa golf course is the income but I mean, you do need like a root crop that's going to be able to uptake and provide evaporation and transpiration. You can spray irrigation upon ... land but the uptake rate and the application rate is going to apply alot lower. That would be, certainly that's ... SUPERVISOR CHAMPAGNE-Good point. Anyone else? UNKNOWN-I was just wondering how close to the lake it is? Do they use chemicals on golf courses? MR. VELTMAN-We actually had looked at a similar concept like this for the Lake Placid Club Resort, they had several years ago they had looked at trying to ... that facility. We were looking at taking effluent from the Village of Lake Placid treatment facility, treating it at the same level that's proposed here using that for irrigation and we went through an extensive evaluation with the AP A and one of the considerations was pesticides and herbicides that would be used on the golf course. We did some modeling, we would have to incorporate, we would evaluate as part of this, would be an aggressive program of using natural vegetated buffers to provide for treatment of any of the run off that would come from the facility during the periods of time when there is no golf course use. So, we would have to properly regulate to look at the application of pesticides and herbicides. We did do an actual model, a stormwater model and we looked at those impacts in the Village of Lake Placid and on Lake Placid itself and we're able to identify that with proper management, we can successfully mitigate those concerns. But that would obviously have to be something that I think that would be addressed, if this were to go forward, in the Supplemental Environmental Impact Statement as an issue, it's certainly an issue. COUNCILMAN CAIMANO-I was just going to say, we couldn't get by the EIS without having addressed that. MR. VELTMAN-No, it would have to be addressed. MR. CHAMP AGNE- Thank you. Yes? MR. GILBERT BOEHM-I have a question about some of the costs I'd like to know. I gather that the pumps are included in this estimate? MR. VELTMAN-Yes they are. MR. BOEHM-How about the replacement septic tanks where those are required in some of the locations? Is that in there? MR. VELTMAN-Yes, about twenty-seven percent, thirty percent. MR. BOEHM-So, that's included too? MR. VEL TMAN- Yes, the big... MR. BOEHM-And the piping between the house or the pump and the road or the, and the line? MR. VELTMAN-Yes. MR. BOEHM-That's in here too? MR. VELTMAN-Yes, it's all the way from the septic tank to the treatment system. The thing that isn't included is anything from the house to the septic tank. MR. BOEHM-So, in affect this is the ultimate cost that the homeowner would see, there's nothing else out of pocket required? SUPERVISOR CHAMPAGNE-Unless you've got to rewire. Is wiring in there too? MR. VELTMAN-Pardon? SUPERVISOR CHAMPAGNE-You're going to have to wire a pump, right? MR. VELTMAN-Yes. SUPERVISOR CHAMPAGNE-The wiring is in there? MR. VEL TMAN-Y ea. MR. BOEHM-Okay, good. COUNCILMAN MONAHAN-Shawn, question please. If a septic tank had to be upgraded or replaced, that's when it would be a district charge, not a homeowner charge? MR. VELTMAN-There are a number of things that would need to be done when you're dealing with a septic tank effluent system. We would recommend that the sewer district own and maintain the tanks and the pumps within the ... One of the other things that's included in here is that it's critically that the septic tanks be properly maintained. So, we've included in the operating expense is a program to pump out each tank once every three years, some of them longer, some of them less but I averaged ... We did look at bringing the septage to the Village of Lake George treatment plant at the current rates rather then try to deal with that at the treatment facility, it does eliminate some of the sludge management concerns that you might have to deal with. But we did look at the those tanks over time, any of those, those would be a district responsibility. And our basis for the twenty-seven percent estimate is that the inspection that was done by the town as a result of the Lake George Park Commission Regulations, there were certain minimum requirements that homes needed to meet to be able to be eligible for an interim operating permit and that was, one of those was an effective septic tank construction for modern day standards and that's how we based our estimate. About thirty percent of the tanks would need to be replaced. COUNCILMAN CAIMANO-It strikes me that, and I'm going to ask you to dream a little bit but it strikes me that if you could do a dream and you could get to Mr. Smith's property, that piping from Mr. Salvador's property to Mr. Smith's property, the other golf would be considerably cheaper then constructing a new golf course. In many cases including trying to get environmental permits to do such a thing. MR. VELTMAN-The consideration I think and you have to look at this, that this is not just a golf course, it's an integral facility because in constructing the fairways for example to get maximum infiltration and irrigation benefit, you would typically put down about six inches of topsoil and then you would put down a base a sand underneath to get maximum root depth and root penetration. And I don't know what the construction of the Queensbury Golf Course but it may not be able to accept irrigation at those rates without causing drainage problems. And the other thing is that, we have incorporated, if you look at this, if you go out to the site, the site is actually, you have the Dunham's Bay wetlands on one side and you have the Harris Bay wetlands on the other, it comes up to a, actually a knoll, there's a little saddle in the middle because there is a stream that runs down the middle. What we tried to do is, looking at where you would use, would actually put your infiltrators on the uphill sides of the fairway and along the slope to maximize the area that you could carry away the water. We're not only concerned, the real engineering concerns is not getting it through the soil down to the ground. The real engineering concern is making sure that the we can convey it, there's enough transport capacity in the soils that are available on the site to carry away from the site, disburse it without creating alot of mounding. So, we would be building as part of these fairway systems, integral facilities to infiltrate that. I mean it could be done, it's not to say that it couldn't be done at another golf course or another site but it would require a reconstruction I think of some of the facilities. It's not so easy to say that you would just go out there and be able to spray because you have to build, you have to have the place to put the wastewater during the winter as well as during the summer. COUNCILMAN CAIMANO- The other side of that coin is though is we had a little situation not too many years ago called Earltown where we tried to build a golf course next to a wetlands and that caused all kinds of environmental problems and it never did get settled and that was my concern when that question was brought up. MR. VELTMAN-Well, I've walked the property and we did delineate the boundaries of the wetlands and it is pronounced. I mean you come from the wetlands and the topography of the site, it goes up rapidly from there. It's well defined where the boundaries of these wetlands are and we have identified on here. That's obviously a concern and the other concern would be, obviously if you had to go, you would have to go before the Lake George or the Adirondack Park Agency. If you look at, there's alot of green in here and that represents areas where we would leave standing timber and trees to screen this facility so that it's not, if you're looking at it, the area from other parts of lake, that it's not a visual concern from the impact of this facility because that would be something the AP A would be concerned about and we don't want, you could compress this into alot less area by building it into little islands of fairways inside and it is mature standing timber out there. There's some large, very large timber out on the property. So, we tried to incorporate that and you could certainly squeeze it into alot less area but the other thing that we want to do is try to use the maximum area that we can disburse the effluent across the site. COUNCILMAN MONAHAN-Shawn, is that a nine hole golf course? MR. VELTMAN-Yes which I think that would be one of the things that, I mean obviously a real, you know the real top notch golfers aren't going to want to play at nine hole golf courses and I think that they'll still go to the Queensbury and Hiland and the traditional full length courses. MR. JOHN SALVADOR-One of the reasons the County undertook the grant application and is making this study are the twenty-seven percent or thirty percent of the substandard systems we have. It seems to me that to ask the district to bear the cost of upgrading these people's septic systems to current standards, would be an unfair burden. We're all required to have a certain standard primary treatment facility and that's the purpose for the inspection program is to get these up to standard. To now ask the community at large, the study district at large to bear the cost of upgrading that should have been done some time ago, I think is unfair. Those people should be made to bear the burden of the cost of getting up to the standard required by the district. COUNCILMAN MONAHAN-Jim, clarification. When you're department went out and inspected, alot of these lots can not meet the setback because of the configuration, did that therefore make it a substandard system? EXECUTIVE DIRECTOR, MR. JIM MARTIN-Yes. COUNCILMAN MONAHAN-Even though the system might have been working perfectly well? EXECUTIVE DIRECTOR, MR. MARTIN-Right, that's correct but I think Shawn said that the way they delineate that, was where there was cases of the actual septic tank itself not meeting the standard, not just the separation distance. Is that correct, Shawn? MR. VELTMAN-Yes, the interim permit was issued if the septic tank, one of the requirements to be eligible for an interim permit is their septic system, their septic tank had to meet current modern day standards for size, type of construction ... those types of considerations. So, what we're saying is that there's about thirty percent of the septic tanks that are out there, that don't meet those conditions. COUNCILMAN MONAHAN-Though, they may be working okay? MR. VELTMAN-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-And then there maybe some that are just seepage pits. I think there's metal tanks out there, I'm sure there's a wide of variety of systems out there. COUNCILMAN MONAHAN-Because the concern is and I don't know it falls into your plan is, there are lots up there that legally will never be able to have a septic system that conforms to all the regulations just because of the configuration. I can think of one whose got loads linear footage along the lake but not the depth and it was fine years ago until we said you've got to be two hundred feet from the lake. Now, is that going to be a concern with this system, those area dimensions? MR. VELTMAN - Well, we had always discussed and this is something that would have to be discussed in the SEIS, I mean one of the concerns of any proposal, is that it does not induce growth that would not otherwise occur without the system. One of the things that we have talked about and haven't formulated into words yet but it's some sort of restriction that would require somebody who wants to tie into the system, it's not an existing nonconforming use, I mean if there's a existing facility with nonconforming system, I mean they obviously would be able to tie in. But if it's an undeveloped piece of property that would not be able to develop before the ... of the system, that they wouldn't be able to be tied into this after the fact. They would have to demonstrate that they couldn't build a septic system on their property in compliance with the standards in order to be allowed to connect to the system. Those are some of the discussions, you know that's not by any means fixed and ..., that's our own evaluation of some of the things that may need to be incorporated as part of the language that if this district were created, to mitigate some of the concerns that we know DEC and APA would have about these proposals. SUPERVISOR CHAMPAGNE-Anyone else care to speak? UNKNOWN-A couple of questions. As part of the system, does it have a, essentially a reservoir to hold the water so it can be potentially spread on the golf course as needed? Is there some sort of a cushion in the system? MR. VELTMAN-Yea, we actually looked at it and there's a couple of ways that it could be done. We looked at the weekly usage and considering the fact that we UNKNOWN-We may have a wet period for example. MR. VELTMAN -We would, in Lake Placid when we had develop a facility and I think that Supervisor Champagne has got some articles that I think the people from the Queensbury Country Club shared with him, is that it's not uncommon to use effluent water to build like a natural hazard, water hazard in the course and we had looked at about, needing about two million gallons of equalization storage that would allow us to store water during the periods of time when irrigation was not possible and obviously you're not going to during the day. Normally the irrigation goes on in the evening and runs through until the morning and there are days where you wouldn't irrigate it. If you had heavy rains, you wouldn't irrigate. We've incorporated, as they do in all of these, I mean we are talking about a very highly polished effluent. We would be talking about ... the wastewater ... The other way it can be done is to ... contained vessels. Normally, you would incorporate as of that ... build it in as a natural... feature of the golf course. UNKNOWN-The second question had to do with what happens with the system in the winter time when you've got frozen ground down three feet or so? What happens then? MR. VELTMAN-That's why I was saying before about the fact that the peak periods of time during the summer where we have to rely on irrigation of the golf course for disposal of the vast majority of the effluent that would be generated by the facility, even though during those periods we do have the highest volume to try to deal with. During the winter, we said we would have, we would construct infiltration systems that would go into the, it would be subsurface, potentially a subsurface disposal facility during the winter time. There would be no UNKNOWN-... leach fields. MR. VELTMAN-Yes, there would be no surface applications. We're talking, there is a little difference here between a conventional leach field that you think about coming out of a septic system because you're talking a very highly polished effluent. With a septic system, you really only get primary treatment. I mean you would have a level of treatment that comes out of the septic tanks that goes in the effluent. We're going three steps further in treatment before we go to the golf course. So, essentially, what you're trying to infiltrate is water. You don't have the same problem when you're trying to infiltrate primary effluent, you have to be concerned about the result development of biological organisms that can start to ... some of the pathways for percolation. So you can maintain high rates of infiltration through the soils, much higher then if you were applying the same volume but at a lesser quality. So, during the winter we would be infiltrating along the fairway areas and that's why I was saying it would be an integral part of the construction of the fairway systems. SUPERVISOR CHAMPAGNE-Thank you. One more question, two more questions. MRS. MARY ARTHUR BEEBE, Lake George Association-I also would like to say that the town, the community and the engineers deserve some credit for sticking with this problem and coming towards a settlement, a solution. I think it's very encouraging to see the community work well together and I'm very glad that you're thinking about golf no matter where it is. I have a couple of questions because I was in Chicago when you had your last hearing, trying to work with some people on the Clean Water Act, that you're looking for some money from. I'm concerned because when the Sagamore was looking at their golf course, we had a number of questions about distances and buffer territories and how many feet will you... to keep away from the wetland areas up there. You haven't really mentioned, you said you had your model but you haven't been specific and you probably did that when I wasn't here and I apologize for that but can you tell me a little bit more about that? And also, to what degree this highly polished effluent is going to be? Those kinds of details. MR. VELTMAN-Just the wetlands buffers, we did indicate on here, Mary Arthur, there are our boundaries. There is the Harris Bay Wetlands on this side and the Dunham's Bay wetland on this side and these are, it's a very distinct boundary on this site. It's ..., there's a saddle ... here or a little knoll ... a saddle in the middle and then it goes back down. So, it's well defined and we know exactly where you can see with the topography of this area exactly where the boundaries are. And we have a substantial vegetative buffer strip between there. You're looking at anywhere between two and four hundred feet of undisturbed, natural forest tree areas that we left between the edges of the fairway areas and the golf, on the golf course and the boundaries of the wetlands, they'll be delineated as federal wetlands. As far as the level of treatment that we are proposing here, there is a schematic in the handout that I gave you that shows essentially, we'd come in, there would be no primary treatment because that would provided at each individual site at the septic tank but when we go through full secondary treatment, we have proposed using rotating biological conductors which would give us a well nitrified, essentially oxidize all the nitrogen into nitrate form. A well nitrified effluent would go to a solids contact step where we would add aluminum sulfate which will chemically precipitate the phosphorous ... the wetlands. Phosphorous is not what's needed to promote help your roots grow, it goes along with most fertilizers but really what we need is nitrogen and nitrogen is not as much a concern in the lake system as phosphorous. It is a concern and you know, our thought is that when you apply it by applying it to the fairway systems, one of the things you'll notice is that, you would also when you collect the clippings, we're looking at collecting the clippings because that's where you're going to concentrate your nitrogen and compost that and use that for maintenance of the golf course facilities, the organic topsoil like material. But the level of treatment, I mean we're basically talking about under five parts to a million ... MR. BOEHM-I have one more question relative costs. That is, was this system sized on the basis of some proportion of water saving devices, like forty percent? MR. VELTMAN-Yes, it was based on forty percent. MR. BOEHM-That's for the sizing as well? MR. VELTMAN-Yes. COUNCILMAN CAIMANO-I have two quick things. Bill just a thought, you made a comment about nine hole versus eighteen hole golf courses. Just a reminder because I kind of lean towards using Queensbury, is the fact that, yea, you're basically right but we also live in a recreation area and there are recreational golfers who just want to get out and play and we have incremental business that we're spreading. Gene was being nice when he said four, I counted twelve with this golf course in the area that recreational people could use. So, it's not an inconsiderable financial burden to some of these people and we have to be careful of that. And the other, I'd like to repeat and I certainly, I've been here two and a half years, it's nice to come to meetings and argue with people like Mr. Krantz and Mr. Adamson and John Salvador, Mary Arthur who attack problems with intelligence and dedication and with open mindedness. I think we can come up with answers to problems that way because we certainly don't have all the answers here. SUPERVISOR CHAMPAGNE-No. Certainly, I'll offer my gratitude for those of you that put the time and the study and the energy into this project because certainly we wouldn't be where we are today without the folks that Nick just mentioned. It's been a real helper. MR. SCOTT SMITH-My name is Scott Smith and I'm Gene and Sissy's son, also the Superintendent there. I've been to school at the University of Massachusetts for ... I have to question putting down one inch of water. Is that one inch per acre, an acre inch of water per day? That seems awfully high to me. I don't see how you can avoid leaching nutrients into those wetlands with putting down that much water, especially with the ... producing the drainage. MR. VELTMAN-Well, one of the things that we would be doing is constructing and I have to defer the golf, Ray Rudolph is our golf course management person, we are, the firm actually has an association with Dottie Mochrie and we have a golf course design group within our company. Ray is the individual that sized the golf course components of this, I know that we've looked at this with, consulted in the past with the ... specialist. So, I have to presume that, that basis was based on sound engineering principals in operation typical for golf course facilities. I really, I'd be glad to have Ray contact you and he'd be glad to talk to you about but we aren't looking at, you know, specifically on the first issue, we aren't looking at a... water table. One of the things we're looking at doing MR. SCOTT SMITH-But you're putting topsoil over the sand, you certainly are talking about a ... water table. MR. VELTMAN -Well, we're talking about enough percolation in the topsoil material with the root penetration and the root growth that we can get in there, we'd be able to get the water to infiltrate through the topsoil and eventually in the sand and the sand is an effective catch... for trap for ... phosphorous because phosphorous will react with the soil and it doesn't affect the ... removal of any ... phosphorous... You know nitrogen is another story, I mean nitrogen would be, there is a considerable amount of nitrogen uptake by the plants and obviously the fact that the grass turns green, I mean everybody can relate to the fact ... fertilizers in your yard in the spring, one of the biggest things that's causing that, the rapid growth and the green color, is the nitrogen and you're adding oxygen ... But I'm not the specialist and I don't want to pretend to be but certainly we rely on the, I think the Supervisor made a valid point, there are other options and certainly we're open and willing to look at those. The biggest concern and believe me, we've been talked about the Queensbury Country Club in the past, the biggest concern that we've always had is the fact that you've got the ... and transport issue to deal with. But I'd be glad to sit down with you and talk to you about any ideas or suggestions you might have. MR. SCOTT SMITH-I'd also like to bring a point up that the National Golf Foundation has ranked this area within the top ten nationally as far as golf courses per capita. SUPERVISOR CHAMPAGNE-That's a compliment to the area. MR. DICK WALDEN, Dunham's Bay Association-This golf course thing is a whole new idea here and the political history that goes along with alot of municipal golf courses, is not good. Now, if we depend on this thing to be a money maker but, if in the course of creating a golf course conducive with flows and infiltration we wind up with a course that is uninteresting and it doesn't get the play and instead of being a money maker, it becomes a money loser. Now whose going to pay for this thing? COUNCILMAN CAIMANO-Yea, that's a good point. UNKNOWN-We should not forget that before John Salvador agreed to this, no one wanted this thing. No one wanted this thing. Now suddenly people become interested in it and for nothing more John, we owe you a debt thanks for opening up this thing. MR. SALVADOR-With regard to the golf course, I don't see how the golf course could be a part of the project without it being under the direct control and supervision of whatever agency is charged with administering the sewer district. It's a very, it's an operating element of the sewer district, it's got to be a part of that and under the control of it. If it ever gets shut down, they lose a processing tool. So, it must be a part of the district and under the control of the district. SUPERVISOR CHAMPAGNE-Okay, what the Board has in front of them now is a resolution that speaks to, I guess it was Alternative number 3A which addresses the golf course concept wherever it might be along with low pressure system, as far as a collection system. So, with that, I'll introduce it. Do I hear a second? COUNCILMAN MONAHAN-I'll second it with the understanding that Clough Harbour will look at Queensbury Country Club also to see if it's a viable solution. SUPERVISOR CHAMPAGNE-Okay, it's been introduced, seconded. Any further discussion? Please vote. RESOLUTION SUPPORTING PREPARATION OF SEIS FOR NORTHQUEENSBURYSEWER RESOLUTION NO. 243, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the representatives of Warren County have previously proposed to prepare a Supplemental Environmental Impact Statement for the Warren County Sewer Project, and WHEREAS, Warren County has also previously indicated that the purpose of the SEIS is to develop a plan to resolve the waste water management deficiencies for properties in the northern portion of the Town of Queensbury that lie within the Lake George Drainage Basin, and WHEREAS, the Town Board of the Town of Queensbury by previous resolution no. 61, 94, indicated that the Town Board of the Town of Queensbury would support the preparation of an SEIS, but only if the same did not pre-select one solution, but rather, equally and fully evaluated the potential socioeconomic and environmental impact of several solutions for the northern portion of the Town of Queensbury, said solutions being more specifically identified in that resolution, and WHEREAS, representatives of Warren County, working with Clough, Harbour & Associates, engineers, have studied various options and have made certain presentations to members of the public, as well as members of the Town Board of the Town of Queensbury, and as a result of the presentations made, as well as the information received, the Town Board of the Town of Queensbury recognizes that although alternative options should be discussed in the SEIS, a single option should be the preferred, recommended, or lead option and the primary focus of the study, and WHEREAS, the Town Board of the Town of Queensbury has received indications that members of the community in North Queensbury are supportive of a particular option that was previously identified and discussed by representatives of Warren County and Clough, Harbour and Associates, engineers, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its support for the preparation of a Supplemental Environmental Impact Statement, which sets forth a preferred, recommended or lead sewering alternative which consists of central collection and treatment with discharge via sub-service disposal and/or affluent re-use for golf course irrigation, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby recognizes that other alternatives will be discussed in the Supplemental EIS as required by the regulations of the Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury adopts this resolution of support with the understanding that there will be no change in the contract with Clough, Harbour & Associates and no additional funding required by the County, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury also adopts this resolution with the understanding that the engineering studies and the Supplemental EIS will be made at no cost to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that to the extent that this resolution is inconsistent with resolution no. 61, 94, the same is hereby amended and/or superseded. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None DISCUSSION DURING VOTE: Councilman Pulver-Yes, I also would like to say that I agree with Mrs. Monahan, I think they should look into Queensbury Country Club as well. RESOLUTIONS 8: 10 P.M. (Councilman Caimano excused himself from meeting) RESOLUTION APPROVING MINUTES RESOLUTION NO. 244, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby approve the Town Board Minutes of April 4th, 11th, 18th, 25th, 28th and May 3rd of 1994. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Dr. Wiswall, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mr. Caimano ABSTAIN: Mrs. Pulver (May 3rd, 1994) (five minute recess taken) (Councilman Caimano re-entered meeting) RESOLUTION AUTHORIZING AGREEMENT WITH BUSINESS AUTOMATION SYSTEMS FOR PURCHASE OF SOFTWARE, HARDWARE & SERVICES FOR COMPUTERIZED ASSESSMENT DATA COLLECTION SYSTEM RESOLUTION NO. 245, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury is desirous of entering into an agreement with Business Automation Systems for the purchase of necessary software, hardware, and services to develop a computerized assessment data collection system, and WHEREAS, the Director of Accounting Services has advised that the assessment data collection system from Business Automation Systems is an integral part of the overall Town-wide information system already in place from Business Automation Systems and therefore, it would be unnecessary to obtain proposals from other suppliers, and WHEREAS, the Director of Accounting Services also advises that the purchase of the assessment data collection system from Business Automation Services is not subject to competitive bidding, because it comprises a "professional service" involving "special or technical skill," the use of "professional judgment," and a "high degree of creativity," said criteria being listed in the OSC Financial Management Guide, subsection 8.0060, p. 12, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the purchase of the necessary software, hardware, and services from Business Automation Systems for an assessment data collection system at a cost not to exceed $10,000.00 without further approval, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute, on behalf of the Town of Queensbury, a contract to be in a form approved by the Town Attorney, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby notes that the cost of the services is not to exceed $10,000.00 without further approval, and that no bidding is required under law and that in this particular case, alternative quotes are not practical, and BE IT FURTHER, RESOLVED, that this proposal shall be paid for from Account No.: 011355 4741. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT TO MAP, PLAN & REPORT FOR THE QUEENSBURY CONSOLIDATED WATER DISTRICT WATER TREATMENT PLANT EXPANSION RESOLUTION NO. 246, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously authorized and directed the preparation of a map, plan, and report for a proposed expansion to the Water Treatment Plant servicing the Queensbury Consolidated Water District and other districts in the Town of Queensbury and certain other communities, and WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for an amendment to the said map, plan, and report for purposes of setting forth therein certain lands to be acquired by the Town of Queensbury from Niagara Mohawk and setting forth the costs thereof as part of the total cost of the project, and WHEREAS, the Town Board of the Town of Queensbury is also desirous of authorizing the Town Supervisor and Town Attorney to take further steps towards arranging for a contract to acquire the aforesaid lands, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor and Town Attorney to arrange for a draft of a contract concerning the sale of the aforesaid lands, said contract however, to be first approved by the Town Board of the Town of Queensbury before the Town Board is bound by the same and said contract to also contain a contingency providing that the contract shall not bind the Town of Queensbury, the Queensbury Consolidated Water District, or any official or employee thereof, to the purchase of the land until such time as all appropriate proceedings required by the Town Law of the State of New York have been satisfactorily completed and the Town Board has adopted binding resolutions authorizing the expansion of the Water Treatment Plant, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the map, plan, and report previously prepared in connection with the proposed Water Treatment Plant Expansion be amended to include reference to the acquisition of lands from Niagara Mohawk and to set forth all costs associated therewith in the map, plan, and report. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO INSTALL STREET LIGHTS AT THE INTERSECTIONS OF GOLDFINCH AND CORINTH ROADS & MOCKINGBIRD LANE AND CORINTH ROAD RESOLUTION NO. 247, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the placement of street lights at the intersection of Goldfinch and Corinth Roads and the intersection of Mockingbird Lane and Corinth Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the following street lights be installed: One (1) 150 watt sodium street light at Pole #NM 131, at the intersection of Goldfinch Road and Corinth Road, and One (1) 150 watt sodium street light at Pole #NM 132, at the intersection of Mockingbird Lane and Corinth Road, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury shall make all arrangements through Niagara Mohawk Power Corporation, and BE IT FURTHER, RESOLVED, that payment for said light shall be paid for as a general Town charge. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING TOWN SUPERVISOR TO EXECUTE SUBDIVISION APPLICATION AND RELATED DOCUMENTS Town Board held discussion and agreed to pull resolution. RESOLUTION RETAINING SERVICES OF MIKE BAIRD SIGNS, INC. RESOLUTION NO. 248, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has previously established and funded a Capital Project Fund for work at Hovey Pond Park, and WHEREAS, the Town Board of the Town of Queensbury has also, by previous resolution, included appropriations for the design and construction of a time-line display structure at the Park, and WHEREAS, Marilyn VanDyke, Historian and Harold R. Hansen, Parks & Recreation Director have been working with and using the professional services available through Mike Baird Signs, Inc., in the structure's design specifications, and WHEREAS, Mike Baird Signs, Inc., has submitted a quotation in the amount of one-thousand nine-hundred twenty-five dollars ($1,925.00) to design, construct, and install a 15 foot, 3 section time- line/display structure as per the sketch approved previously, and WHEREAS, the Director of Accounting Services and the Town Attorney both concur that this type of design/construction is permitted under professional services work, and is therefore, not subject to competitive bidding, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Director of Parks & Recreation to initiate a purchase order in the appropriate Hovey Pond Park Project Account #82-7110-2899 in the amount of $1,925.00 and authorizes and directs the Town Supervisor to retain the services of Mike Baird Signs, Inc., to design, construct and erect the time-line display structure at the Hovey Pond Park site. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO ACCEPT BID FOR PURCHASE OF COPPER TUBING AND BRASS SERVICE CONNECTION MATERIALS AND SERVICE CLAMPS RESOLUTION NO. 249, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the purchase of copper tubing and brass service connection materials and service clamps, as more specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Thomas K. Flaherty, Town Water Superintendent, has made recommendations in connection with the bids, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the copper tubing and service clamps, to RAMSCO, Inc., and hereby awards the bid for the brass service connection materials to L&C Municipal Sales, and BE IT FURTHER, RESOLVED, that said items are to be paid for from the appropriate Water Department Account. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION SETTING 1994 RECREATION FEE SCHEDULE RESOLUTION NO. 250, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, a copy of the proposed 1994 Recreation Fee Schedule has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the 1994 Recreation Fee Schedule. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None DISCUSSION DURING VOTE: Councilman Monahan-Yes, I will say that I am uncomfortable charging for swimming lessons because I think they're essential to safety but the Director has assured me that any cases where families can't afford those lessons, provisions will be made for them. RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND SCOTT MCLAUGHLIN RESOLUTION NO. 251, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Dr. R. George Wiswall WHEREAS, the Town of Queensbury and Scott McLaughlin have been exploring the possibility of entering into an Agreement which will provide for the joint mining of gravel lying and existing in an area that traverses the Town of Queensbury and the McLaughlin property boundary lines, and WHEREAS, the Town of Queensbury is not yet ready to enter into the aforedescribed Agreement, but Mr. McLaughlin has indicated that it is important for him to gain access to his parcel by crossing over the Town of Queensbury to do certain mining operations and has also indicated that, if he is allowed to mine a certain part of his property, that will be of benefit to the parties when the anticipated future Agreement allowing joint mining operations is finalized, and WHEREAS, there is a bank of material leading to McLaughlin's property which would be useful to the Town as fill and sloping material for the Landfill closure and there is also other material in the vicinity which, if moved, would be of benefit to the Town, and WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing an Agreement between the Town of Queensbury and Mr. Scott McLaughlin, allowing Mr. McLaughlin to have access over Town property to get to his property in return for removing soils, earth or other material in the vicinity of and in a bank leading to McLaughlin's property, which is located on the Town property, and depositing the same in an area directed by the Landfill Superintendent, and WHEREAS, the Agreement will allow McLaughlin to gain access to his property for a short time period, will cause the Town to receive the benefit of moving certain piles of material and a portion of the embankment, and will also help to assist in laying a foundation for a future Agreement between the Town and McLaughlin which will provide for the joint mining of the gravel lying and existing in an area that traverses the Town of Queensbury and McLaughlin property boundary lines, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Agreement presented at this meeting and authorizes the Town Supervisor to take such action and steps as may be necessary to implement the same, including obtaining any necessary approvals that may be required from Ciba Geigy. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Town Board held discussion regarding agreement, agreed to add additional clause to the agreement which states: the right-of-way referred to herein maybe terminated earlier if determined appropriate for any reason by the Town Board. (vote was taken) RESOLUTION APPOINTING HODGSON, RUSS, ANDREWS, WOODS & GOODYEAR AS BOND COUNSEL & FISCAL ADVISOR FOR THE WATER TREATMENT PLANT EXPANSION PROJECT RESOLUTION NO. 252, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York (the "Town") is planning to undertake a project consisting of the expansion of the Town's Water Treatment Plant (the "Project"), and desires to arrange for Bond Counsel who will also serve as Fiscal Advisor, and WHEREAS, the Town of Queensbury plans to enter into an agreement with the Village of Hudson Falls, New York (the "Village") pursuant to which the Village will finance a portion of the cost of the Project in exchange for receiving a certain amount of water per day, and WHEREAS, the Village is also considering the appointment of Hodgson, Russ, Andrews, Woods & Goodyear to serve as bond counsel to the Village with respect to the Village's issuance and sale of obligations to finance the Village's share of the cost of the Project, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury as follows: SECTION 1. Hodgson, Russ, Andrews, Woods & Goodyear is hereby appointed as bond counsel and fiscal advisor for the issuance and sale of obligations to finance the Town's share of the cost of the Project. The terms of such engagement are described in a proposal dated March 14, 1994 and Retainer Letter dated April 25, 1994 prepared by Hodgson, Russ, Andrews, Woods & Goodyear. SECTION 2. The Town hereby consents to the representation by Hodgson, Russ, Andrews, Woods & Goodyear, as bond counsel to both the Town and the Village in connection with the Project. SECTION 3. This resolution shall take effect immediately upon its adoption. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION REJECTING BIDS FOR INDUSTRIAL WHEEL BACKHOE LOADER FOR QUEENSBURY WATER DEPARTMENT RESOLUTION NO. 253, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously advertised for bids for one industrial wheel backhoe loader for the Queensbury Water Treatment Plant, and WHEREAS, one bid was received and the Water Superintendent recommends that the bid be rejected as it is in excess of the amount budgeted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rejects the bid received for the backhoe referenced herein and hereby authorizes the Town Supervisor to take whatever steps may be appropriate or necessary to accomplish the purposes and intent of this resolution. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING RE-BID FOR INDUSTRIAL WHEEL BACKHOE LOADER FOR QUEENSBURY WATER DEPARTMENT RESOLUTION NO. 254, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Water Superintendent and the Director of Purchasing to advertise for new bids on the Industrial Wheel Backhoe Loader. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING CLEANUP ALONG TOWN ROADS RESOLUTION NO. 255, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing a program for the cleanup of debris along Town roads in the Town of Queensbury, and WHEREAS, a summer youth program exists which allows the Town to receive free services to assist in the cleanup program planned by the Town, and WHEREAS, the Town Board will also have to secure the services of a paid individual in the Labor A classification to go with the persons involved with the summer youth program, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and establishes the program of cleaning up debris along Town roads in the Town of Queensbury and hereby further authorizes and directs the Town Supervisor to arrange for the temporary employment of a person in the Labor A classification with the understanding that such position shall be filled, if at all possible, with a person previously laid off from Town employment, and BE IT FURTHER RESOLVED, that the Town Supervisor is further authorized and directed to execute any Agreements that may be necessary to secure the services provided by the summer youth program, and BE IT FURTHER RESOLVED, that the garbage and debris collected shall be disposed of in a proper manner at the Town's Transfer Station sites and that the Town Supervisor shall arrange for the appropriate transfer of Town funds to the Landfill Accounts upon receiving written documentation from the solid waste facility operator of what fees are owed, and BE IT FURTHER RESOLVED, that the entire cost of the project shall not exceed the sum of $7,000.00 and shall be paid for from Account No. 1-8160-4400, and BE IT FURTHER RESOLVED, that a transfer of $7,000.00 from Contingency Account # 1-1990-4400 to # 1-8160- 4400 is hereby authorized and the 1994 Budget hereby amended accordingly. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION RETAINING O'BRIEN & GERE ENGINEERS, INC. REGARDING FEASIBILITY STUDY FOR BAY ROAD SEWERS RESOLUTION NO. 256, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury desires to secure a feasibility study with a cost analysis relative to providing sewers for the Bay Road area, and WHEREAS, O'Brien & Gere Engineers, Inc., has offered to perform the necessary engineering services for the project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the retention of O'Brien & Gere Engineers, Inc. to provide the services described in the preambles hereof at a cost not to exceed $3,200.00 to be paid for from Account No. 1-1440-4398, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to sign an agreement for the professional services, said agreement to be in a form to be approved by the Town Attorney. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION PROVIDING FOR EXCESS WATER FACILITIES RESOLUTION NO. 257, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, Mr. Guido Passarelli has requested that the Town Board of the Town of Queensbury establish an extension to the Queensbury Consolidated Water District to serve a development he has proposed in the Round Pond area, and generally serving that area adjacent to, in and around, that area of the Town of Queensbury in the northerly portion of the Town east of US. Route 9 along Round Pond Road and Birdsall Road and including the subdivision known as the Round Pond Subdivision, as more specifically set forth in the a map, plan, and report drafted by Thomas W. Nace, P.E., and WHEREAS, the Town Board of the Town of Queensbury is generally desirous of undertaking such proceedings as may be allowed and authorized by Town Law of the State of New York to authorize the extension to the Queensbury Consolidated Water District as requested by Mr. Passarelli, and at the time that this resolution is adopted, is also adopting a resolution calling and setting a public hearing concerning the proposed Round Pond Water District Extension for June 20th, 1994 at 7:00 p.m., as more specifically set forth in a separate notice concerning the same, and WHEREAS, Thomas W. Nace, P.E., in developing the map, plan, and report for Mr. Passarelli previously ascertained that an 8" diameter water main along Round Pond Road would be sufficient for purposes of providing water service to the area that Mr. Passarelli has requested be served, and WHEREAS, the Queensbury Consolidated Water Superintendent has recommended that the pipeline to be installed along Round Pond Road be increased from an 8" diameter main to a 12" diameter main since such excess capacity would provide sufficient capacity for further water needs in that area of the Town and provide a pipe that could be extended in the future to allow the Town to tie into other water pipes located at or near Round Pond and Bay Road intersections, thereby increasing the reliability of the transmission system and basically being consistent with overall good planning for the future growth and reliability of the water system, and WHEREAS, the engineers for Mr. Passarelli, Thomas W. Nace, P.E., Haanen Engineering has advised that there will be an additional cost for such an increase in pipe in the amount up to $27,000, and WHEREAS, the Town Board of the Town of Queensbury desires to arrange for a larger water main, as indicated hereinabove, and WHEREAS, Town Law ~192-A provides that the Town Board of the Town of Queensbury may establish excess capacity as a general Town expense upon following certain procedures, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that it is appropriate to increase the diameter of the water main along Round Pond Road from 8" in diameter to 12" in diameter, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury agrees that the necessity for the increase in pipe size and therefore, excess capacity, is as set forth by the Queensbury Water Superintendent, and BE IT FURTHER, RESOLVED, that the estimated expense for such excess facilities as described hereinbefore, is determined to be up to the sum of $27,000 as set forth in the engineering report by Thomas W. Nace, P.E., Haanen Engineering, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the map, plan, and report to include an expense for the excess water facilities as set forth herein and declares the cost of the same shall be a Town charge and shall be assessed, levied, and collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby states that the maximum proposed amount to be expended for the improvement is estimated at $147,000, said amount to be paid by the Developer, except that the Town of Queensbury will pay up to the sum of $27,000 as a cost for excess facilities as set forth herein, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that upon authorization, the plan is for all proposed water mains and appurtenances to be installed by the Developer in full accordance with the Town of Queensbury specifications and ordinances and in accordance with approved plans and specifications and under competent engineering supervision, and thereafter all water mains and improvements shall be turned over to the Town of Queensbury without charge, except for the sum of up to $27,000 as provided for herein, and BE IT FURTHER, RESOLVED, in accordance with Town Law ~ I 92-A, this resolution providing for or requiring excess facilities shall be subject to a permissive referendum in accordance with the procedures set forth in the Town Law and the Round Pond Extension shall not be authorized until such time as the time period in which a Permissive Referendum may be requested has expired, or until such time as the proposal set forth in this resolution has been approved at a Referendum, should one be requested, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to post and publish a copy of this resolution in accordance with the provisions of the Town Law of the State of New York. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION CALLING AND SETTING PUBLIC HEARING CONCERNING PROPOSED ROUND POND WATER DISTRICT EXTENSION HEREAFTER TO BE REFERRED TO AS THE "ROUND POND EXTENSION" RESOLUTION NO. 258, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the Queensbury Consolidated Water District, to be known as the Round Pond Extension with certain excess facilities, and WHEREAS, a map, plan and report has been prepared regarding the said extension of the existing Queensbury Consolidated Water District, such extension to serve an area adjacent to, in and around that area of the Town of Queensbury in the northerly portion of the Town east of U. S. Route 9 along Round Pond Road and Birdsall Road and including a subdivision known as the Round Pond Subdivision, as more specifically set forth in the said map, plan and report, and WHEREAS, the map, plan and report have been filed in the Town Clerk's Office, in the Town of Queensbury, and are available for public inspection, and WHEREAS, the map, plan and report was prepared by Thomas W. Nace, P.E., Haanen Engineering, 253 Bay Road, Queensbury, New York, 12804, an Engineer licensed by the State of New York, and WHEREAS, said map, plan and report shows the boundaries of the proposed extension of the Queensbury Consolidated Water District and a general plan of the water system, and a report of the proposed water system and method of operation, and WHEREAS, the map shows the water distribution mains, gate valves and hydrants, together with the location and a general description of all related or appropriate public works existing or required, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed Water District Extension pursuant to Town Law Article 12A and consolidate the same with the Queensbury Consolidated Water District, pursuant to ~206(A) of the Town Law of the State of New York, and WHEREAS, the Town Board of the Town of Queensbury, by separate resolution, provided authorization for excess facilities and made the same subject to a Permissive Referendum as is required by Town Law ~192-A, and WHEREAS, an Environmental Assessment Form has been prepared and presented at this meeting and a coordinated SEQRA Review is desired, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board shall hold a public hearing and consider establishing the proposed extension to the Queensbury Consolidated Water District, the same being previously described in this Resolution; and to be known as the Round Pond Extension; 2. The boundaries of the proposed extension and benefitted area to the Queensbury Consolidated Water District are to be as follows: DESCRIPTION OF PROPOSED ROUND POND EXTENSION TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK Beginning at a point, said point being the intersection of the northerly boundary of the Round Pond Road right of way and the easterly boundary of the existing Town of Queensbury Consolidated Water District, said point being approximately 500 feet east of the easterly edge of the US. Route 9 right of way; thence easterly along the northerly boundary of the Round Pond Road right of way to a point, said point being the southwesterly corner of a portion of Parcel I-Block 2-Section 67 of the Tax Maps of the Town of Queensbury and the southeasterly corner of Parcel 3. I-Block 2-Section 36; thence northerly along the easterly boundary of a portion of Parcell-Block 2-Section 67 to the northwest corner of said Parcell-Block 2-Section 67; thence easterly along the northerly boundary of said Parcell-Block 2- Section 67 crossing the Birdsall Road Right of Way to a point, said point being the intersection of the easterly boundary of the Birdsall Road right of way and the northerly boundary of Parcel I-Block 2-Section 67; thence southeasterly along the Birdsall Road right of way to a point, said point being the intersection of the easterly boundary of the Birdsall Road right of way and the northerly boundary of the Round Pond Road right of way; thence southeasterly along an extension of the easterly boundary of the Birdsall Road right of way and crossing the Round Pond Road right of way to a point on the southerly boundary of the Round Pond Road right of way; thence westerly along the southerly boundary of the Round Pond Road right of way to a point, said point being the intersection of the easterly boundary of the existing Town of Queensbury Consolidated Water District and the southerly boundary of the Round Pond Road right of way, and said point being approximately 500 feet east of the easterly edge of the US. Route 9 right of way; thence northerly along the Town of Queensbury Consolidated Water District boundary crossing the Round Pond Road right of way to the point of beginning. 3. The improvements proposed shall consist of the purchase and installation of water distribution mains, hydrants and gate valves and such other facilities as more specifically set forth in the aforesaid map, plan and report prepared by Thomas W. Nace, P.E. and the costs shall also include a proportionate share of the cost of the Water Treatment Plant, mains and other facilities of the existing Queensbury Consolidated Water District; 4. All proposed water mains and appurtenances shall be installed in full accordance with the Town of Queensbury specifications and ordinances and in accordance with approved plans and specifications and under competent engineering supervision and thereafter all water mains and improvements shall be turned over to the Town of Queensbury without charge; 5. The maximum amount proposed to be expended for said improvement is estimated to be $147,000.00, said amount to be paid by the Developer and except that the Town will be responsible for the payment of $27,000 thereof as a cost for excess facilities consisting of changing the water line from an 8" main to a 12" main as required by the Town; 6. There will be no financing of the proposed Water District Extension improvements by the proposed District, the Town of Queensbury, or the Queensbury Consolidated Water District, the Developer will contribute towards existing facilities, and parcels in the proposed District will contribute toward existing debt of the Consolidated Water District as herein set forth; 7. In accordance with ~206(A) of the Town Law of the State of New York, all of the expenses of the Queensbury Consolidated Water District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 8. The map, plan and report describing the improvements is on file with the Town Clerk of the Town of Queensbury and available for public inspection; 9. The Town Board of the Town of Queensbury shall meet and hold an additional public hearing at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, on the 20th day of June, 1994 at 7:00 p.m., to consider the map, plan and report for said water district extension and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law; 10. The Town Clerk is directed to cause a copy of this Order to be duly published and posted not less than 10 days nor more than 20 days before the hearing date set forth herein and as required by Town Law, Section 209-d and complete or arrange for the securing of 2 Affidavits of Publication of Notice and 2 Affidavits of Posting of Notice of the additional public hearing required hereby; II. The Executive Director is hereby requested to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted; 12. The Executive Director of the Town of Queensbury is hereby authorized to send a copy of this resolution, Part I of the Environmental Assessment Form presented at this meeting, and a copy of the map, plan, and report to all potentially involved agencies and to DEC and DOH together with an application for a water supply permit, all documents to be sent out with a letter generally indicating that the Town Board is about to undertake consideration of the project identified in this resolution, that a coordinated SEQRA review with the Town Board of the Town of Queensbury, its lead agent, is desired and that a lead agent must be agreed upon in 30 days. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION AMENDING RESOLUTION NO. 258 OF 1994 RESOLUTION NO. 259, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, to move the amendment of Resolution No. 258 of 1994, entitled RESOLUTION CALLING AND SETTING PUBLIC HEARING CONCERNING PROPOSED ROUND POND WATER DISTRICT EXTENSION HEREAFTER TO BE REFERRED TO AS THE "ROUND POND EXTENSION", to change number 5 to $27,000.00. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION APPOINTING MEMBERS TO THE RECREATION COMMISSION RESOLUTION NO. 260, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury has in existence a Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints the following persons for five-year terms on the Recreation Commission, said terms to expire on February 27, 1999: Charles H. Maine Mark Schachner Duly adopted this 16th day of May, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF CIRCULAR FOAM PADDING RESOLUTION NO. 261, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has been advised that the Department of Parks and Recreation desires to purchase from Astro- Valcour, Inc., certain 4" diameter foam padding which will be used by the Town to cover the top rail of a four foot (4 ') high outfield fence, and WHEREAS, Astro- Valcour, Inc., has advised that the foam padding is not intended for that particular purpose and has asked the Town to acknowledge that there would be no warranties of fitness for the use, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to draft and execute a letter acknowledging that the sale of circular foam padding by Astro- Valcour, Inc., is with the understanding that the Town is not using it for the intended purpose and therefore, there would be no warranties of fitness for the use, and BE IT FURTHER, RESOLVED, that the Department of Parks and Recreation is hereby authorized to proceed with the purchase of approximately 1,600 feet of the foam padding, in an amount not to exceed $720, the same to be paid for from the appropriate Recreation Department account. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING TOWN CLERK TO CHANGE BANKS RESOLUTION NO. 262, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Clerk transfer the Town Clerk Account from First National Bank to Glens Falls National Bank. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None DISCUSSIONS Zoning Change - Nemer Attorneys Jim Towne and Linda Auger, representing Robert and Peter Nemer who have a parcel of land on Quaker Road across the street from Garvey's Auto Sales, spoke to the Town Board regarding a zoning change. (presented map) Noted, the present zoning is light industrial and the applicant is requesting a zoning change to highway commercial. Town Board held discussion and agreed that they should submit and file a formal application to continue the process. Hudson Pointe Lands Conservatory Councilman Monahan updated the Town Board. Referred to meeting held today where we met with Peter Burrelli of the Open Space Institute. Niagara Mohawk and Alan Oppenheim have been in contact with the Open Space Institute to take over the management and the ownership of the ninety some odd acres. We discussed the steps that would happen and what the uses are going to be. It really was a meeting of the minds, the neighbors were there and their attorney. We talked about the uses that we had planned, that it was going very, very passive and we're at the point of forming a committee that will work with Peter Burrelli to establish a management plan of which should take about two months and of course that has to be done before that site plan can be approved by the Planning Board. Supervisor Champagne-We have a proposed contract with the group depending on, again, once we review it and if we approve of that, we'll get that in order and signed. In the mean time, we'll get a committee formed by the neighborhood out there, possibly a couple of the Board members and we'll deal with it from that point on. Just to bring you up to date with the meeting that we had today. Councilman Monahan-I thought it was a very good meeting. Supervisor Champagne-It was. Councilman Pulver-Did they leave any literature? Executive Director, Mr. Martin-I have some in my office I can give it to you on our committee meeting on Wednesday. Councilman Pulver-It might be good to give the Planning Board some copies of the literature. Executive Director, Mr. Martin-The management committee that Betty touched on would be pretty much focused on this one project in terms of developing the perimeters for a plan for the site and the thinking that came out from today's meeting would be relatively passive, walking trails maybe at the most. Councilman Monahan-Bird watching, fishing. Executive Director, Mr. Martin-Yes, but no vehicular traffic down in there or anything like that. Councilman Monahan-They also told us some news that they are negotiating with Nimo to put a new boat launch down below this property and we expressed concerns that, that not be of the size to allow big boats. Executive Director, Mr. Martin-The other thing that's going to come out of this is the Open Space Institute said they would assist us with, if we want, the formation of a local or town conservancy group with the capable of holding lands and things like that. I think that would be especially important. COMMUNICATION Petition - Lupine Lane (on file in the Town Clerk's Office) Town Board held discussion and the Highway Superintendent, Paul Naylor recommended to forward the request to Warren County, the Traffic Committee. Town Board agreed. DISCUSSION Shore Colony Water District Mr. Tom Flaherty, Water Superintendent spoke to the Town Board regarding proposed water district for Shore Colony. Town Board held discussion and the following resolution was proposed: RESOLUTION RETAINING O'BRIEN & GERE ENGINEERS, INC. REGARDING ENGINEERING STUDY ON SHORE COLONY WATER DISTRICT WATER SUPPLY RESOLUTION NO. 263, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury desires to secure an engineering study which will identify options and costs relative to methods of compliance with or receiving waivers or variances from Federal drinking water regulations on the Shore Colony Water District Water Supply, and WHEREAS, O'Brien & Gere Engineers, Inc., has offered to perform the necessary engineering services for the project and make recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the retention of O'Brien & Gere Engineers, Inc. to provide the services described in the preambles hereof at a cost not to exceed $ 3,000.00, to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to sign an agreement for the professional services, said agreement to be in a form to be approved by the Town Attorney. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None Supervisor Champagne noted that the Memorial Day Parade will be held on Monday, May 30th, 1994. DISCUSSIONS Queensbury Little League Councilman Caimano referred to request from the Queensbury Little League. Noted, I had a call from the President of the Little League who was concerned because last year finally they were made to meter their water and he was concerned about the overall cost to the little league because they don't have alot of money to begin with. I asked the Water Superintendent to check on what it would cost and the sprinkling of the field is about twelve dollars a day. Is that right? Mr. Flaherty, Water Superintendent-Yes, last year the little league put in an underground sprinkler system to take care of their ball fields up there that they hadn't had in the past. In compliance with the regulations that the town set forth, all accounts have to be metered and that sprinkler system was metered as is the churches, schools and any others. You asked me to take a look at it. We went out and we checked out their sprinkler system and the number of heads they have, they're on timers and they're based on the time frame that they're running them. As they have them set up now, it appears that it would cost about twelve dollars a day. If they change their timing or something else, that's going to change that figure. I think the total bill based on the number days as we figured it out, it came to around three hundred dollars a year or something like that. Councilman Caimano-He figures it's going to be double that, close to seven hundred twenty dollars. So, they're looking for relief and I told him I would bring it to the Town Board and see what kind of relief we might give them, if any. Town Board held discussion, agreed that legally there is no option. It was recommended that the town give the proceeds, from the ball game between the City of Glens Falls and the Town of Queensbury, be given to them. Councilman Caimano-I would then ask you to write them on behalf of the Town Board explaining that we've discussed this and we would be willing to aid them in some kind of fund raising but there is no legal way that we can do anything regarding the meters. Supervisor Champagne agreed to write letter. Possible Purchase of Mower for Parks & Recreation Department Town Board held discussion with Mr. Harry Hansen, Director of Parks and Recreation. Councilman Wiswall recommended using a flail mower on the departments international tractor that they presently own before purchasing anything new. Supervisor Champagne requested to meet with Harry to discuss some other options. ATTORNEY MATTERS Attorney Dusek noted, I'll need an Executive Session to discuss some assessment litigation in terms of those cases and potential settlement. In addition to that, if the Board will recall, you authorized an agreement between the Town and Columbia Development Corporation two weeks ago to allow Columbia early access to the property. We have been working to finalize that agreement in terms of trying to come up with exact agreements on language and during the course of those conversations Columbia raised again the issue of posting security bond, asking me if the town would reconsider that requirement since they're paying to put in the road, remove the stumps, all that other stuff. I told them that was what the Town Board had required in the agreement but I'm bringing that back to you since they have asked. Town Board held discussion and agreed to take no action. OPEN FORUM 9:20 P.M. Mr. Paul H. Naylor, Highway Superintendent-Number one, I want to thank the board for going on our road tour. Number two, I'd like to say last Thursday night we received our hundred thousand yards of sand and there's a supervisor in the back row that used to be a councilman that was instrumental in getting that hundred thousand yards and I'd like to thank him personally. Thank you Ron Montesi. Mrs. Liz Valenti, Valenti Builders-I have a letter that I composed (submitted copies to the Town Board, Town Attorney and Executive Director Jim Martin) This is in regards to the Lucus Wilson application and I'd like to bring you up to speed. Basically my letter just reiterates what was happening all along and how we had repeatedly asked that the Boards set the application aside because his application was based on a quick claim deed, that we felt was not valid and should not have been recognized. As ownership of the property that we contend that we own and we bought in 1985. With the letter I have attached a fax from Mr. John Dorlon who gave him the quick claim deed explaining why he gave him the quick claim deed and once again, it was misrepresented to him. He also reiterates in the fax that he felt that the interest was in Valenti Builders and that the property had been indeed sold to me in 1985. This was sent to Mr. Schachner prior to the last Planning Board meeting however, it was never given to Mr. Martin, I don't believe prior to the meeting. I think he saw it for the first time at that meeting and the Planning Board members never saw it either. Not that I really believe it would have mattered because Mr. Schachner did say to the Planning Board, that in his opinion, Mr. Wilson did not have color of title and the project was still approved with the condition that the argument over settlement of who owned the property should be resolved. Mr. Dusek you will be happy to know that we did file suit because you've been telling me to sue this man all along and I guess after four thousand dollars of legal fees, I finally figured this was ridiculous and I can't just explain the way I felt through this whole thing. The icing on the cake was after May 3rd when he received the approval, he was also applauded by one Planning Board member as doing such a fantastic job, his landscaping plan was wonderful. I'd say in estimate of maybe a hundred thousand dollars worth of landscaping that he said he was going to do. On May 14th, this past Saturday signs appeared on my property at the Bay Road corner and on my right-of-way at the top of Walker Lane, Schuh Realty announced that this property was for sale, that it came complete with three building approvals which we know is the contingency approval only. When I asked the local broker to please look up for me if it was an MLS. She looked it up, I also am attaching a copy of the listing for you. It shows that he asking a hundred and fifteen thousand dollars for this property that we have said from the beginning he paid twenty-eight thousand dollars for last year and therefor there was no hardship or any reason for him to be allowed to build three buildings, that it was sufficient that he could have had a limited amount of development and work with us to achieve that goal without going through all this nonsense. He is also in the listing saying that he comes complete, Mr. Martin, you're going to love this one, with building permits for twelve units. Now, unless you've issued building permits that we don't know about, it's right here in the multiple list book. To make matters worse, I also found out and I really want to kick myself for this one, I should have figured this out, that this guy was capable of anything, he listed the property February 7th, 1994. So, in other words, after his zoning variance was approved, he listed the property prior to his getting any approvals from the Planning Board. I have had a little discussion with Schuh Realty and I told them that I'm sure that this wasn't a misrepresentation by real estate but rather maybe Mr. Wilson has misrepresented this to them and I said, "I would suggest you call Jim Martin and find out exactly what this person has to sell". I guess I just want you to realize that I still contend and I am asking this Board this evening to please, this is something that was a very strange situation. I'm sure this doesn't come up very often. I realize that Town Attorney's position that you can not get involved in a property dispute. However, I still contend that anyone walking in and I believe this should be a resolution, however, a statute, whatever you do to put into place, that any applicant who applies for any building permit, any variance, should be asked to provide a legitimate deed to the town. This is being done in other towns that are no where near the size of Queensbury already and when I say legitimate deed, I do not mean a quick claim deed. Any attorney I speak to says to me, that is a joke. A quick claim deed isn't even recognized in most places anyway. I really think the burden of proof should remain on the applicant. I am just someone sitting there owning a piece of property who has been forced to defend myself to the tune of four thousand dollars, I would have been happy to pay the little league's water bill, I'll tell you, very gladly rather then squander money this way because a man comes in and says he owns something that I paid for, legitimately and I have a real interest what happens to that land because I have two developments sitting on either side at the tune of hundreds of thousands of dollars invested here. People were in before the boards, they petitioned the boards, people who live here, are taxpayers here, we're totally, if not almost totally ignored at all levels. Their concerns we just slushed off. Zoning, as far as I'm concerned just passed the buck to Planning and I see that all too many times and I feel very sorry for the Planning Department in that regard, I really do. And I'm stuck in the cross fire in a miserable situation. I tried to avoid suing this individual. I tried to avoid it like the plague and I hate to tell you, the one thing I agree with Mr. Dusek on and Mr. O'Connor who represented Mr. Pinchook who was looking out for his property, had told me from the beginning, sue him, stop him now and you were right. I should have because I believed in the process, I believe that a board or some member would have ultimately said to this man, "What are you doing here with this, why are we looking at something when we have someone here who has a legitimate deed and there's an argument, why are we even looking and considering this application"? This man sat here board meeting after board meeting and said he would not allow us to push him off his land. He wanted to be paid for his development rights and he was going to live there and I'll tell you by the listing that I found in the MSL book, I can tell you he could care less for Queensbury, you, me, any of us and he has no intention ofliving here, he just wanted to make a quick buck. Thank you. Councilman Caimano-At the end of last meeting, when Dan appeared we talked about this and it seems like I asked that you investigate the possibility of bringing such a law forward. Where are we on that? Attorney Dusek-You actually have to amend your ordinance to add that. It's my opinion, where we're at right now, is to find a place where to put it and it's my position that you should put it in the zoning ordinance as well as in the subdivision regulations. The subdivision regulations would have to be approved by the Planning Board and hold public hearings in the first instance by them. The second, the zoning ordinance would be the town's process. I would hope to have some language ready for the Town Board concerning this matter sometime, I would say late June. Executive Director, Mr. Martin-I just want to caution you about knee jerk reaction going through the exhaustive practice of developing legislation over, this was an extremely rare case without alot of extremely unique factors to it and that's the decision of the this board but I just want to point out that this was an extremely rare case. And I also want to say I take the issue with the comments made that the board just ignored public comment. I will speak for both boards and say that this was an excruciating process for both boards and they looked at it in great detail. Anybody that wants to see that, just read the last set of Planning Board Minutes and see five resolutions that were passed and then rescinded. This was wrestled with and it was very difficult for the board and nobody was shut out and the public was listened to at every step of the way. Councilman Caimano-All that not withstanding, there's a hole and even if it is something that happens rarely, that's the time to fix the hole. Councilman Monahan- I think you just said some key words and I heard these same key words spoken awhile ago about this plan, five resolutions that were passed and rescinded, if any board on at night is so doubtful about what they're doing that they pass five separate resolutions and rescind them, I think it's time for that board to table that and go back and take a different look at it a different night. I mean there's something wrong when five times you try to address a problem and you can't. Supervisor Champagne-Liz, I'm going to be on a tour here in another week or so and I'll be visiting Clifton Park, Colonie and some of the other towns approximately our size. Do you have those towns that do have this law in effect that you mentioned? Mrs. Valenti-Well, I personally just got a building permit from the Town of Greenfield and they required it and I'm talking about Greenfield now, a very small little town hall and this is a requirement. They want a deed because they want to make sure you're not building on somebody else's property. In this case the property question was the one with the quick claim deed. He has a deed to his own property but the problem was, he has a deed to his own property but the problem was, he has no road frontage. And that's how the variance was granted because the quick claim deed gave him road frontage and that was the strip that I have said I have bought and owned and have right, title and interest to and like I said, your own attorney said, he does not have color of title. Councilman Monahan-Fred, I think this brings up something else. We listen so much to how hard it is to build in this town and I've talked to builders who build in other towns and they'll tell you this town is a cinch to build in compared to alot of other towns, what you have to go through to get a building permit. Lyn Kanofsky-I live at Inspiration Park in Queensbury. We have a little problem of omission. Inspiration Park was following the ad that was put in the newspaper several weeks ago by the town saying that winter refuse would be picked up. We all were good citizens and bagged and stacked and made very nice neat piles by the edge of the road and later we were given the impression that none of our winter refuse would be taken away. Could you address that for us? Councilman Pulver-Well, I think you have a misunderstanding. The ad read that we would pick up the winter fallen branches, that had fallen off the trees. Not leaves, not brush, not if you cut down a tree or if you pruned your hedges. Ms. Kanofsky-But the ad was not specific, it did not say that. Councilman Pulver-In the whole Town of Queensbury, we haven't had any problem that I know of. Ms. Kanofsky-Even our branches have not been picked up. Our branches are all in stacks and bundles and no one has taken them. Councilman Wiswall-Maybe Paul Naylor would like to say something. Councilman Pulver-Well, they're still not done doing the branches but anything that's in bags, that would, you would have to take care of that yourself. That would be leaves or pine needles or whatever which is not from the winter storm. Pretty much the Board had decided to pick up the branches that were down, that had fallen down during the last winter storm that we had which did a considerable amount of damage to the trees and so forth. And so, everybody dragged their branches to the road and they came along and chipped them up and you could keep the chips or send the chips away, whatever. But if you had any garbage or any bagged items, they had no intention ever of taking that. Ms. Kanofsky-We have leaves that are bagged. Councilman Pulver-No, see, they never had any intention of taking that. Councilman Caimano-I've got fourteen bags I got to take over to Ridge Road to the compost pile. Councilman Pulver -Yes, I have a ton ofleaves myself. But anyway, the branches, we can address the branches for you but not Councilman Monahan-It was what was going through the chipper from the ice and snow damage and you know, we were very clear about that at that meeting. There's no way the highway, if we picked up everything else, the Highway Department wouldn't be doing any paving this year, they would still be picking it up by next fall. This was because it was such an unusual circumstance and so many people got hit so hard as a result of those storms. Councilman Wiswall-I drove through Inspiration Park last week and they have done a great job bagging up everything there, twenty bags in front of some houses. Are they still there? Ms. Kanofsky-Yes. Councilman Wiswall-They're going to be until you get somebody to haul them away because the town is going to. But I want to tell you some good news, you're going to have lights, one for the corner of each of your streets. Ms. Kanofsky-I wanted to ask you if you have any planned date for when we would have the lights? Supervisor Champagne-Nimo moves in certain ways. Councilman Wiswall-I don't know but we passed a resolution tonight. Councilman Pulver-You might want to check in another thirty days. Supervisor Champagne-I think I'd ask Paul Naylor to address the broken branches in Inspiration Park, however. You've not been there yet, Paul but it's on your schedule. Is that correct? Highway Superintendent, Mr. Paul Naylor-Yes, we've been there. We were there the first time, we cleaned up all the brush that was broken down by the limb. I was informed by one of the residents up there that they were told that the Highway Department would come back through, pick up bags of leaves and all the other debris that was put on the side of the road. What's piled on the side of the road looks like old tree limbs that was probably thrown out in the woods from before. It's not fresh cut and that's what we've had a problem with, with five hundred phone calls. It's people not quite understanding that little ad that was put in the paper this long that said any broken limbs that fell off your tree, drag out to the side of the road and the Highway Department will grind them up. If you wanted the chips, call 745-4460 and we would gladly bag them for you or give them to you. What happened, people cut down trees and we went to the guy and we told him we're not in the tree business, we will not pick it up. He said, "Well, you can't blame a guy for trying". So, we didn't pick up his tree and you don't have to be a Rocket Scientist to know what's fresh cut and what's fresh broke. Alot of guys had big limbs that had to come, to drag them to the curb, we realize that. We had one match with somebody on Whippoorwill today, the lady left the brush six inches back off onto her property ... and she was screaming at my two men because they wouldn't go on private property to bring her brush up. I got three phone calls on it and I answered the three phone calls all the same way. My men will not go on private property to pick up brush. You put it down on the right -of-way, where we put in the paper in big bold letters, to pick up and we'll pick it up but only fresh broken limbs from the ice storm. Councilman Pulver-I think if this were ever to occur again, we need to be a little more specific because I have rode around myself and looked and unfortunately because of the amount that the Highway Department had to do and because they do not have the help that they had other years, we're into May where people are pruning their bushes and pruning their trees and out doing their yards and so that one little branch has now, become a mound. Mr. Naylor-We're making the final pass. It will be another week and a half before that job is completely finished. Supervisor Champagne-Then it will be over with? Mr. Naylor-Like I said Fred, what they're doing is, they're going right around behind us, they think it's a never ending battle and I hate to put an ad in the paper and say I'm going to stop right now. I'm trying to be the best of two worlds but it's coming to the point, Nick had a great idea, it's just got out of hand. That's all I can say. We're up to twenty-five thousand dollars so far. Ms. Kanofsky-Will he be coming back to Inspiration Park? Supervisor Champagne-You're going to go back to Inspiration Park and pick up the rest, right, other then the bags of leaves? Say, yes Paul. Mr. Naylor-It's all brush in there. Drive up there tomorrow while you ain't got nothing else to do and if you see any fresh cut limbs, I'll go get them. How's that? ? I must say that the ice storm actually happened in the winter when it wasn't fresh cut and it did take alot of dead limbs down, things that weren't budded out. So, I think there is a difference between what is green or fresh cut now versus what came down back in March when we did have it. The street cleaners have been in twice which is great, our streets are really clean. Another issue I wanted to ask was when they were going to come and clean out the sewers because we have some that are totally plugged with sand? Councilman Monahan-It must be the catch basins. Councilman Caimano-Do you have an answer to that Paul? Mr. Naylor-Yes, they'll get cleaned in the spring or when we can get enough men free to do it. We can't pick up brush and clean CB's all at the same time. There's only four laborers for the entire town, the past administration said that was enough. Ms. Kanofsky-I have one more thing, I'm not sure which branch of government I'm supposed to seek out advice from. When snow removal was being during the winter, snow moving actually from around the fire hydrants. The one near the front of my house, the snow was pushed back so far that the tree nearest to the fire hydrant which is about fifteen feet from that hydrant, was just about girdled. So, I don't know if the tree is going to survive but it can't take another hit like that and it's a tall, tall Pine tree. Councilman Pulver-Are you asking for it to come down or to be saved? Ms. Kanofsky-Saved, I think. I don't have that many trees left on my property, I hope it could be saved. Councilman Pulver-Well, Mr. Flaherty will make note of that. Water Superintendent, Mr. Flaherty-Yes, can I have the address please? Ms. Kanofsky-Number 5 Goldfinch. Mr. Flaherty-I'll have somebody look at it tomorrow. Ms. Kanofsky- Thank you. Mr. Flaherty-The Highway Department has started their drainage work on Hidden Hills and our machines are over there assisting them in their work. It's working well. Supervisor Champagne-Thank you. OPEN FORUM CLOSED 9:45 P.M. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 264, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Abstract of Bills appearing on May 16th, 1994, numbering from 94-181100 through 94-203803 and totalling $205,477.48, be and hereby is approved. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mr. Caimano Vendor # 000127 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 265, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session to enter Executive Session to discuss matters of Assessment Litigation. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 266, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session to enter Regular Session. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT RESOLUTION NO. 267, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has reviewed various assessment cases with the Town Attorney and has determined that it would be appropriate to approve settlements in the following cases: Lebowitz 128-9-29 $85,000.00 Lebowitz 128-9-30 $50,000.00 Lebowitz 131-1-16 to remain the same Lebowitz 131-1-15 $55,000.00 Northgate Enterprises, Inc. 98-4-3 $1,800,000.00, (with no interest to be paid on the refund) and part of the stipulation will be that the school district doesn't have to pay until July 30th, 1994. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None Town Board noted that Monday, May 30th is Memorial Day and therefore a Town Board meeting will not be held. RESOLUTION TO ADJOURN RESOLUTION NO. 268, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY