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1994-06-20 TOWN BOARD MEETING JUNE 20, 1994 7:04 P.M. MTG #31 RES 284-318 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN DR. R. GEORGE WISW ALL COUNCILMAN NICK CAIMANO COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS JIM MARTIN, TOM FLAHERTY, MIKE SHAW PRESS: GF Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN PULVER Supervisor Champagne called meeting to order ... welcomed everyone. PUBLIC HEARING - PROPOSED ROUND POND WATER DISTRICT EXTENSION NOTICE SHOWN 7:05 P.M. SUPERVISOR CHAMPAGNE-Anyone here to speak pro or con, relative to the Round Pond Water District Extension? Okay, Mr. Flaherty, do you care to make a statement relative to that or? WATER SUPERINTENDENT, MR. TOM FLAHERTy-It stands on it's facts. SUPERVISOR CHAMPAGNE-Okay, thank you. Alright, we'll close the public hearing. PUBLIC HEARING CLOSED Executive Director, Mr. Jim Martin lead the Town Board through the Short Environmental Assessment Form, Part II: Impact on Land. I, Will the proposed action result in a physical change to the project site? Answer, Yes, Small to Moderate. 2, Will there be an effect to any unique or unusual land forms found on the site? Answer, No. Impact on Water. 3, Will proposed action affect any water body designated as protected? Answer, No.4, Will proposed action affect any non-protected existing or new body of water? Answer, No.5, Will proposed action affect surface or groundwater quality or quantity? Answer, Yes, Small to Moderate - other impacts - just during construction. 6, Will proposed action alter drainage flow or patterns, or surface water runoff? Answer, No. Impact on Air. 7, Will proposed action affect air quality? Answer, No. Impact on Plants and Animals. 8, Will proposed action affect any threatened or endangered species? Answer, No.9, Will proposed action substantially affect non-threatened or non-endangered species? Answer, No. Impact on Agricultural Land Resources. 10, Will the proposed action affect agricultural land resources? Answer, No. Impact on Aesthetic Resources. II, Will proposed action affect aesthetic resources? Answer, No. Impact on Historic and Archaeological Resources. 12, Will proposed action impact any site or structure of historic, pre-historic or paleontological importance? Answer, No. Impact on Open Space and Recreation. 13, Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? Answer, No. Impact on Transportation. 14, Will there be an effect to existing transportation systems? Answer, No. Impact on Energy. 15, Will proposed action affect the community's sources of fuel or energy supply? Answer, No. Noise and Odor Impacts. 16, Will there be objectionable odors, noise, or vibration as a result of the proposed action? Answer, Yes, Small to Moderate - other impacts - just during construction. Impact on Public Health. 17, Will proposed action affect public health and safety? Answer, Yes, a positive effect. Impact on Growth and Character of Community or Neighborhood. 18, Will proposed action affect the character of the existing community? Answer, No. 19, Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? Answer, No. Councilman Caimano-I will move the resolution for non-significance based upon the items that we have added as went along. Councilman Pulver-I'll second it. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING THE ESTABLISHMENT OF THE ROUND POND WATER DISTRICT EXTENSION TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 284, 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 considering the action of adopting a resolution establishing an extension to the existing Queensbury Consolidated Water District, to be known as the Round Pond Extension, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and complete such other information as may be necessary to indicate such, and BE IT FURTHER, RESOLVED, that pursuant to Section 617.15, the Negative Declaration presented at this meeting is hereby approved and the Town Supervisor is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the New York State Department of Environmental Conservation. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION APPROVING THE ESTABLISHMENT OF THE ROUND POND WATER DISTRICT EXTENSION TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 285, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan 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, 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, 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, a public hearing concerning the establishment of the District Extension was duly held on June 20, 1994 at which time all persons interested were afforded an opportunity to be heard, and WHEREAS, the said Town Board has considered the establishment of said extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, NOW, THEREFORE, IT IS RESOLVED, that it is the determination of the Town Board of the Town of Queensbury that: I. notice of said public hearing was published and posted as required by law and is otherwise sufficient; 2. it is in the public interest to establish, authorize, and approve the Round Pond Extension to the existing Queensbury Consolidated Water District, as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; 3. all property and property owners within said extension are benefitted thereby; 4. all property and property owners benefitted are included within the limits of said extension; 5. pursuant to ~206a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended, and IT IS FURTHER, RESOLVED, that: 1. The Round Pond Extension to the Queensbury Consolidated Water District be and the same is hereby authorized, approved and established in accordance with the boundaries and descriptions set forth herein and in the previously described map, plan and report, and construction of the improvement may proceed and service provided and subject to the following; a. of Health; the obtaining of any necessary permits or approvals from the New York State Department b. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; c. the approval by the Town Board of the execution of an agreement between the Developer, Mr. Guido Passarelli, and the Town of Queensbury, providing for the payment of the cost of installation of the water pipes and contribution to the Queensbury Consolidated Water District, and payment by the Town of Queensbury for excess facilities. d. a permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York; e. the adoption of a final Order by the Town Board of the Town of Queensbury; 2. The boundaries of the Round Pond Extension to the Queensbury Consolidated Water District are 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 to be constructed by the Developer and included and made a part of the extension 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 up to $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 to the Consolidated Water District as herein set forth and the Town shall pay, from current funds, the cost of the excess facilities; 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. Expenses occasioned after the creation of the extension shall be assessed, levied, and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies, and/or collections are made in the Queensbury Consolidated Water District and such assessments shall be made on an ad valorem basis and user charge basis (water meter charges); 9. 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; and BE IT FURTHER, RESOLVED, that this resolution is subject to a permissive referendum in the manner provided in the provisions of Article 7 and Article 12-A of the Town Law of the State of New York and the Town Clerk is hereby authorized and directed to file, post, and publish such notice of this Resolution as may be required by law. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None PUBLIC HEARING - PROPOSED LOCAL LAW / NO PARKING - PORTION OF ALGONQUIN DRIVE NOTICE SHOWN 7:15 P.M. SUPERVISOR CHAMPAGNE-Open the public hearing. Any discussion, anyone to speak for or against the proposed law for no parking on a portion of Algonquin Drive? Yes sir. MR EDWARD TROMBLEY -Yes, I'm Edward Trombley and I live on Algonquin Drive. Most of those people in that row back there are immediate neighbors on that intersection and we have some pictures here of cars that are parked there illegally there constantly, over night. And the school bus stops there four times a day and there can be no two way traffic there. You have to stop. He's cars are parked some times on the blacktop, most of the time on the shoulder, right to the edge of the road. Now, I have pictures here (presented to the Town Board) He's advertising that corvette. This van has been there for a month, it hasn't been moved. SUPERVISOR CHAMPAGNE-Have you seen these before? COUNCILMAN CAIMANO-No. COUNCILMAN PULVER-I've been over there, they're parked up and down. MR. TROMBLEY-That's parked there over night most of the time and there it is parked again most of the time. COUNCILMAN PULVER-And then they park this way so the buses can't get through. SUPERVISOR CHAMPAGNE-Betty have you seen these? COUNCILMAN MONAHAN-No, I haven't. COUNCILMAN PULVER-Anybody who walks up and down the street, they can't see beyond the ... MR. TROMBLEY-But this is parked here for spite most of the time. COUNCILMAN CAIMANO-Is it? MR. TROMBLEY... now here's the school bus stopping there, it stops there four times a day for pickup and sometimes there's twenty kids there. We have petitions. COUNCILMAN CAIMANO-Yes, you want to give the petitions over to the Clerk. SUPERVISOR CHAMPAGNE-Anyone else care to speak for or against no parking on Algonquin Drive? MR. ANTHONY MARTIN-My name is Anthony Martin, I live up on Upper Sherman Avenue and I go by this area on Algonquin three or four times a week on my bicycle and between dodging cars and dodging kids and cars coming off John Street, somebody's going to get killed there one of these days. I mean, there's no reason why they've got to park cars half in the road and half off the road. Something should be done. Thank you. SUPERVISOR CHAMPAGNE-Thank you. Anyone else care to speak? MR. WILSON HERSCHLEB-My name is Wilson Herschleb from 33 Herald Drive, Queensbury. I'm not a resident of Algonquin or just the immediate area but I've gone through there an awful lot of times and I have a friend there and when ever I visit, I see the conditions of the cars that are parked there. Four cars, three cars and sometimes two cars unregistered and I didn't know that, that was allowed in Queensbury, that you should have two cars anyhow. It seems to me that, that creates, there's no use to have two cars unregistered. One car possibly and I stand in objection to it because I can see this spreading and I can see it starting in my area and I do not like that at all. So, I strongly object to it and I stand with Mr. Trombley on this. SUPERVISOR CHAMPAGNE-Thank you. Anyone else? COUNCILMAN CAIMANO-You're only allowed one car anyway. COUNCILMAN MONAHAN-Two. COUNCILMAN CAIMANO-You're allowed two? COUNCILMAN MONAHAN-Jim, your allowed two unlicensed vehicles, right? EXECUTIVE DIRECTOR, MR. MARTIN-I think it's one. COUNCILMAN CAIMANO-I think it's one, too. COUNCILMAN MONAHAN-Do you? COUNCILMAN CAIMANO- Yes. SUPERVISOR CHAMPAGNE-I do too. COUNCILMAN MONAHAN-You got your book with you? SUPERVISOR CHAMPAGNE-Anyone else care to speak for or against the issue? Okay, I'll close the public hearing. PUBLIC HEARING CLOSED 7:20 P.M. RESOLUTION TO ENACT LOCAL LAW REGULATING PARKING ON A PORTION OF ALGONQUIN DRIVE IN THE TOWN OF QUEENSBURY RESOLUTION NO. 286, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law which would provide for the regulating of parking on a portion of Algonquin Drive in the Town of Queensbury, and WHEREAS, a copy of the said proposed Local Law entitled, "A Local Law Regulating Parking on a Portion of Algonquin Drive in the Town of Queensbury" has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board, and WHEREAS, on June 20, 1994, a public hearing on said proposed Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts and enacts the proposed Local Law Regulating Parking on a portion of Algonquin Drive in the Town of Queensbury, to be known as Local Law No.: 6, 1994, the same to be titled and contain such provisions as are set forth in a copy of the proposed Local Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 6th day of June, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None LOCAL LAW NO.: 6,1994 A LOCAL LAW REGULATING PARKING ON A PORTION OF ALGONQUIN DRIVE IN THE TOWN OF QUEENSBURY BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: 1. Purpose: The purpose of this Local Law is to prohibit, under penalty of fine for violation, the parking of any vehicle on the east side of Algonquin Drive from Sherman Avenue to John Street, in the Town of Queensbury. 2. Definitions: Curbline: The prolongation of the lateral line of a curb or, in the absence of a curb, the lateral boundary line of the pavement of the roadway. For the purpose of this Local Law, the words "Motor Vehicle," "Vehicle," "Person," and "Park" shall have the same meaning as set forth for the definitions of such words in the Vehicle and Traffic Law of the State of New York. The "side of' a road shall mean that area of the road or road right -of-way which adjoins that portion of the road which is currently used for vehicular travel. 3. No Parking on a Portion of Algonquin Drive in the Town of Queensbury: No motor vehicle or other vehicle of any kind shall be allowed or permitted to park and no persons shall park a motor vehicle or other vehicle for any period of time on the east side of or in the right -of-way of the east side of that portion of Algonquin Drive in the Town of Queensbury, County of Warren, State of New York, lying and existing between Sherman Avenue and John Street. 4. Penalty: Any person violating any provision or paragraph of Section 3 of this Local Law, shall, upon conviction, be punishable for a first offense by a fine not to exceed $25.00, and for a second offense by a fine not to exceed $50.00. In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper action, suit, or proceeding, to prevent, restrain, correct, or abate any violation of this Local Law. 5. No-Parking Signs: The Town of Queensbury Superintendent of Highways shall be authorized and directed to: A. indicate the designation of the no-parking area on that portion of Algonquin Drive referred to in paragraph 3 hereof, by appropriate markings and/or signs made in accordance with and as may be provided by, the New York State Manual of Uniform Traffic Control Devices, and any applicable State rules or regulations. B. Maintain all markings or other traffic control devices required by reason of this Local Law. 6. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. DISCUSSION - NORTH QUEENSBURY SEWER 7:23 P.M. Supervisor Champagne-This is the discussion on the North Queensbury Sewer System. With us this evening is Bill Remington, Deputy Superintendent for the Warren County Department of Public Works and Shawn Veltman from Clough, Harbour Associates, the engineers working on the project. So, with that Bill or Shawn, who ever wants to go first. Mr. Bill Remington-Okay, we came here at Fred Champagne's request. There's two issues Supervisor Champagne-I might ask for those of you that are here for the first time, I believe this is the third in a series of public informational meetings. I know it seems like thirty but I believe it's three or four? Mr. Remington-Yea, that's three since you took office, I believe. We had many before that. Supervisor Champagne-Right, that's all I'm interested in. Mr. Remington-Okay, Shawn and I are here to help people again and the Board make a decision on which way they want to go with the sewer. What we're looking at now, is the dollars left in the budget to cover the North Queensbury Sewer, the Environmental Impact Statement, they're pretty much used up. We have enough dollars to finish alternative and do details on that for the Environmental Impact Statement. The other issue is on July 12th, we have representatives from Warren County going to Washington to look for money for the sewer project. We really need input to know whose in the project and whose not. We'd like to have Queensbury with us in the project, I see no reason they can't be. But it's basically where we're at, it's decision making time and that's pretty much what we're here for. There's two alternatives I think are being heavily considered. One and Shawn will brief everybody on it, is an alternative on John Salvador's site and another one at Queensbury Country Club. We're just here to answer questions for the Board. Which ever the Board wants to go, the direction is fine with us, we just need a direction and I think the Board just needs input from the people involved. Do you want Shawn just to brief us the options? Supervisor Champagne-Yes, if you would please, just walk us through that, at least the Pickle Hill area so these folks are aware of what the plans are. Mr. Shawn Veltman-Thank you very much Supervisor Champagne. I think Bill was correct in his assessment that I don't want to go back through all the alternatives that we've looked at over time. I was here at the Town Board meeting, what, a month ago, when we talked about the latest alternative that we had developed. We had a concept where we're going to collect the wastewater from the North Queensbury area and then take that down to John Salvador's property which if any of you had come up and looked at this map a little earlier, it would be this property right down behind Dunham's Bay Lodge and we had developed a concept where we would develop a nine hole golf course that we would use as an integral part of the treatment system. We would essentially treat on site the wastewater that we receive from that service area that we've identified on our map. We would treat it to a high level of treatment and then during the Summer we would apply the wastewater, we would spray apply the wastewater on the fairways of the golf course which would allow us to get the larger volumes of wastewater into the ground or evaporated during the Summer period and then during the Winter, what we would do is we would have constructed under the fairways of the golf course infiltration systems. When we're dealing with the lower flows during the Winter months, it would be much simpler task for us to try to get the volume of wastewater that we would be dealing with into the ground and we would build that as an integral part of the golf course facility. The feedback that we got at that meeting, was that there was generally consensus that this seemed to, this option addressed alot of the concerns that had been brought forth so far on the project and it kind of was a compilation of alot of input from alot of different people. But one issue was raised at the meeting last month and that was Gene Smith from the Queensbury Country Club spoke out and indicated that he would, he expressed interest in receiving the effluent for his property and expressed some concern that the town by building a nine hole golf course would be operating in competition with the private golf courses that already exist in the area and the Board did adopt a resolution at the conclusion of the meeting that basically said, that they were in favor of the concept that involved the use of a golf course facility for effluent disposal but they wanted, they directed the county to continue in evaluation. To expand that evaluation to look at the possibility of using existing golf courses in the project area. One of the issues that we raised at the meeting was the fact that the, there is a law on the record, on the books now that prohibits the out of base in transfer of water and there was a concern by going to the Queensbury Country Club, we're not clear at that point in time but there was a concern that part or all the property was outside of the Lake George Basin and that would essentially preclude or make very difficult the feasibility of that option. Well, what happened was after the meeting, we did arrange to get together with Gene Smith, we got the tax parcel mapping for his property and in fact the Queensbury Country Club which is located where we've shown this area highlighted in green on the corner of 9L and 149. It's an eighteen hole golf course, the boundaries of the Lake George Basin are identified by this yellow dotted line and for the most part, the property is within the Lake George Basin, so there would be no problem with the need to get the approval from the Great Lakes Governors to allow this to happen. So, we did proceed, we met with Gene Smith, we talked about the concept. He has expressed an interest in the concept, we think that the details could be worked out to do a similar proposal to what we had proposed on John Salvador's property here at the Queensbury Country Club. The difference between this is in the concept that we had expressed at the last meeting, we would take the effluent from the service area and we would treat it down at a treatment plant down on Dunham's Bay Lodge property and then apply to the ground either through the spray irrigation or the subsurface discharge on that golf course property that would encompass the back part of the lands that are owned by John Salvador. In this concept, in order to get the effluent to the golf course in Queensbury, what we would recommend is treatment down on the lake and probably on Dunham's Bay Lodge and I know that, that concept was discussed at the Lake George Affairs Committee meeting but it would mean we would need to convey treated effluent from that site and looking at the possible means to route the effluent to the Queensbury Country Club property. The most logical routing would be to come down Bay Road until we got to Pickle Hill Road and then go over Pickle Hill Road and either go over Sunset Trail or go over Wildwood and down into the Queensbury Country Club property and that would be essentially a treated effluent force main that once we put it in the ground, it would be like a water line in the ground, it would not be a, there would be no ongoing impacts related to that facility. But then once we reach the golf course we would do the same concept that we had talked about on John Salvador's property. We would need to reconstruct a number of the fairways that exist at the golf course to provide the necessary facilities to get the wastewater into the ground. There's a few more legal complications in terms of the joint ownership issues and the fact that you have a private owner of the golf course facility and that facility would be an integral part of your treatment system. The other difference is, there is a considerable saving in terms of site development costs because you're dealing with an existing golf course facility and there is no need to essentially de-vegetate a large area of forested land. But you trade that off against the additional lengths of force main that you need to construct for the project and when you balance those two things, at least on a cost basis, you're about a net wash. I mean as close as we can estimate the figures, either way, going to John Salvador's property and developing the nine hole golf course concept or going to the Queensbury Country Club option, they're about comparable on a cost basis. I had asked at the Lake George Affairs Committee meeting knowing the sentiment that was raised two years ago I think it was about this time of year in July and it was hot, by the people that live in the vicinity of Sunset Trail and Pickle Hill Road, before we proceeded with any of these options. We do want to get the opportunity for public input to know whether or not there is public support and board support for the option that would be developed in the EIS. Our concern is that if we were to go forward with this option without that input, the first time that the public would have an opportunity to comment on that option would be when the Supplemental Environmental Impact Statement is completed and the public hearing, the actual formal public hearing on the project is scheduled and at that time, it's too late to back track and look at other options. We would have expended a considerable amount of time and expense to do a detailed environmental evaluation of that particular option. And what we're hoping to do is by soliciting input at each stage of this process, get some kind of concurrence and direction on what solution or option best meets all of the needs of the community and basically what we're here tonight for is to get input. Councilman Monahan-Fred, can I ask Shawn something first? Supervisor Champagne-Yes. Councilman Monahan-Shawn, could you give us the pros and cons of each site, please? Mr. Veltman-Well, on the if you look at the John, let me just start with the original concept that we had developed, John Salvador's property. You are dealing with, we have certainly plenty of land area there. There is no need for this long, we would be able to locate the treatment plant right on the property and we eliminate the need for the long force main to convey the wastewater. It is about three and a half miles that you would have to pump the wastewater to get up to the Queensbury Country Club. So, we eliminate that and putting the treatment operation close to the golf course site and you have a much more consolidated operation from a maintenance point of view and the other advantage is, is that the concept that we had looked at on the Salvador property was a Town ownership of the entire facility. Now, whether or not the golf course operation would be contracted out to private individuals to run that or whether the Town did that we never got into that level of detail but those are certainly options. But, the big advantage would be that we always envisioned that the Town would own the entire treatment system the integral treatment system consisting of both the treatment facilities and the land application facilities meaning the golf course. In the other option to go down to the Queensbury Country Club. Councilman Monahan-Excuse me just a minute, Shawn, do you foresee any difficulties of because of the location, wetlands any of the Lake George laws, etc. up there? Mr. Veltman-No, we had looked at and laid out on the property to make sure that it was viable to do that a golf course concept and we, there are wetlands on the property we did map the boundaries of the wetlands, we are really impacting only about twenty five percent of the actual available site area there and the concept was by putting the golf courses rather than de-vegetating one large area what we would have is fairway areas where we would be removing trees and developing golf course fairways along the contours of the property. So, we looked at the golf course as a way to mitigate some of the construction impacts that would be related to the construction of a large fill absorption type system. The negative side of this is that we obviously are starting with a site that is heavily wooded now, there would be concerns about the visual impacts of that, there would be concerns about obviously from the standpoint of the other businesses that operate golf courses within the region they would be concerned about addition competition and the effect that, that might have on their businesses. The other down, you could look at it as a down side, the Town whether they do it by contract operations or whether they do it themselves would have to get involved in the golf course business. So, those are some of the pluses and minuses when we looked at the Salvador property. Councilman Monahan-Shawn, still staying with Salvador, what about consideration of the chemicals that would have to be applied to fairways and etc. and so on, did you think of the impact of that? Mr. Veltman-Yes, we did and I think that came up at the last meeting that we talked about when we did, we had developed a similar concept for the Lake Placid Resort partnership when they were looking at expansion of the golf course facilities and we did extensive water quality modeling to look at the impact of the pesticides, the herbicides and the nutrients that are applied to those facilities and to see how that moves and you know, we are convinced that you can engineer this site to address the water quality considerations that you would need to address to be able to make this work effectively within the Lake George basin. It is certainly something that needs to be looked at, site specific in the supplemental EIS but we are comfortable based on the work that we have done in the past on other facilities like this that we could engineer this system to address those concerns. Councilman Monahan-When you came up with a cost for the John Salvador site did you factor in the cost of like, bathrooms and some kind of a building facility there, there would have to be some type of a building facility. Mr. Veltman-Yes, we did, we included a cost ofa club house that would be again, you know as the integral part of the golf course that would either be operated, again, under private contract operation by the Town or by the Town itself. Now, some of the other Unknown-Can I ask a question on the golf course? Councilman Caimano-No Unknown-No not yet? Supervisor Champagne-Your time is coming. Mr. Veltman-Those are some of the pros and cons of this site the pros and cons of the other site obviously when we are starting with an existing golf course facility we are not going to have to cut down a lot of trees, de-vegetate a large area, we have a much larger facility to work here, we have an eighteen hole established golf course there is ownership issues that start to get make things a little more complicated because you would be looking at joint ownership in essence of the treatment facilities and we did discuss with Jean Smith some of the possible ways thorough permanent easements that those issues could be addressed it would precluded in the long terms some possible re-uses of the golf course property if the effluent system in an integral part of this site it won't be possible for Jean's Smith at some point in the future without major concerns to stop using this as a golf course and then say sub-divide it into a real estate subdivision and build houses on it because the Town would have to rely upon that for the long term as an integral part of the treatment system. In absent another way to deal with it that would have to remain. You are also dealing with people who know how to they are willing on a to operate the golf course part of the system you have got people that are professionally involved in doing this and they have been doing this for a long time. It would be a major plus in terms of the upkeep of the golf course because it would give them an economical source of irrigation water to try to maintain the fairways and they do not currently practice fairway irrigation, they water the approaches and I guess they water the greens but they do have an irrigation system in there but it does not cover the fairways and this would obviously give them a way to provide a better facility for the public to use. The down side is you have got to go as I said you have got to transport the waste water about three and a half miles by pipe to get to the site you have got two operations, you would have the treatment plant on one end three and a half miles away you would have the effluent disposal facility so, there is good things and there is bad things about each options and I am sure that we could engineer either one to make it satisfy the needs of the project and address the environmental concerns but I know there are going to be issues associated with this site I mean we are not that far from the site that we originally proposed for subsurface disposal off from Pickle Hill Road and the concern that I expressed at the Lake George Affairs Committee Meeting is that we may have a lot of those same concerns voiced over this particular alternative. Councilman Monahan-But, you were going to put the treatment site there at the Pickle Hill Site too? The Treatment Plant. Supervisor Champagne-Ok, Lets now open it up to the Public? Georgette would you like, I am going to ask you to come up to the microphone we need to pick Ms. Georgette Foley-I wanted to sort of ask this question when he was talking about the Salvador Project. Why do you have to have a golf course on it Councilman Monahan-Excuse me Fred Councilman Caimano-Lets gets name Councilman Monahan-We need name and address Ms. Foley-do all these effluent areas have a golf course associated with it. Supervisor Champagne-Have a seat, Councilman Caimano-Give us your name. Supervisor Champagne-Give us your name. Ms. Foley-My name is Georgette Foley, Councilman Monahan-And address for the record Ms. Foley-Sunset Trail, Queensbury. Supervisor Champagne-Ok, now the question is why do we have to have a golf course part of this system. Councilman Caimano-We don't. Supervisor Champagne-At the Salvador property. Ms. Foley-Yes, right because do you usually have a golf course associated with the effluent? Supervisor Champagne-Mr. Veltman, answer that. Mr. Veltman-No. You know that issue did come up at the last meeting and there is no reason why you would necessarily have to have a golf course. We could have soccer fields there, we could have walking trails, greenways, green areas. The thing that's important though is that the construction of those green areas be designed so that we an apply wastewater at volumes that would allow to get good root uptake of the water that we apply. We want to be able to keep the area mowed because we want to collect the clippings and that way remove some of the nutrients that are applied to the soils via the land application, there's spay irrigation. It's just a natural, it would be a natural extension if you were to have all these grassy areas, you know to go the extra step to develop a golf course and then generate some revenue to offset some of the costs that would be associated with project development. It just seems to make sense from a business point of view. Councilman Caimano-In short, it was an economic decision. Ms. Foley-And you have worked out the financing on that? Mr. Veltman-Yes. Ms. Foley-To say that, that would be the most economic way to do it. That's why you've gone the golf course route? Councilman Caimano-As opposed to what? Supervisor Champagne-A grassy field. Ms. Foley-A grassy field. Councilman Caimano-Oh yea, because there's some income coming back in. Ms. Foley-But is there enough income to make it Mr. Veltman-It's not a huge, it's not a huge difference. Councilman Caimano-Mrs. Foley you should know Ms. Foley-Because this is important if we're worried about money here. Councilman Caimano-Well, no, no you should know also that one of the, one of the strong negatives to it is that the town would a facto become an owner of a golf course and we're not sure that we want to do that. That's the down side of this whole thing. Ms. Foley-So have you looked at not making it a golf course and doing something else? Councilman Caimano-Oh, sure. Ms. Foley-I just didn't hear him talk about that. Mr. Veltman-We never presented that option, although it was discussed at the last meeting. There is no reason why that couldn't be done. Ms. Foley-That would solve your negative problem with the golf course ownership by the Town of Queensbury that you have. Councilman Caimano-It could if it really is a problem that's just one of the things we have to look at. We don't know that it is a problem that's one of the things that has been brought up as a problem. Ms. Foley-Thank you. Councilman Monahan-Shawn, question. You said we'd mow it and pick up the clippings because then we're going to take the nutrients away. Mr. Veltman-Right. Councilman Monahan-Are we also getting in those clippings insecticides and pesticides and all the stuff that's applied on golf courses that are going to be in these clippings that have got to go some place? Mr. Veltman-No more than you would in any, there are a lot of communities now have gone to leaf and grass composting. I know that down in the Town of Bethlehem, I got about six truck loads of it because I just planted potatoes and I used it to hill in my potatoes because they've been doing that for years now and they generate a tremendous quality material. A lot of the people in the Town of Bethlehem put a lot of stuff on their lawn, but they've tested it the quality of the material is really good. Our concept would be is that we would take those grass clippings and compost those to develop a usable product to put back in. If it were a golf course you might use it for repairs and those types of things. A lot of places it is composting in the Town of Bethlehem they give it away to anybody who is a resident in the town and there is a lot of other similar examples throughout the area. Supervisor Champagne-Yes sir. Dick Waldron-I'm a seasonal resident on Dunham's Bay. I would like to list six reasons why I think we should have a grassy field south of Salvador and not send the water to the Queensbury Country Club. The municipal golf course would put government in competition with ten other area private courses with all the potential political problems associated, isn't this working? Councilman Monahan-You have to speak directly into these microphones. Mr. Waldron-It would put government in a competitive position with ten other area courses. A nine hole course on forty acres is a tight course and if it were to prove uninteresting it probably would be a money loser in two years. Then in addition to the unnecessary expense with building the course in the first place we would face additional expenses as a district to keep it going. A golf course without a bar is a bad investment and that would bring into play all the problem with the liquor license. While polished effluent need be acceptable in the south and southwest, I believe it would not be accepted well here. If that were the case and people were to vote with their feet and go neither to the Queensbury Country Club nor to the course south of Salvador's the thing was going to be a money loser and we're really going to have to pay for it ourselves and it could well happen. If someone were to agree to accept effluent pipe to another location there would have to be guarantees that this arrangement could not be terminated which just might happen if effluent irrigation is not accepted. The original plan with the golf course south of Salvador's contained 2.3 million for a golf club house that would not be necessary if we were just a grassy field. In the latest figures that we have Clough Harbour estimates close to 2 million dollars to run that pipe from Dunham's Bay down to the Queensbury Country Club. But, all the rest of the pipes in the system are costing something like 1.6 million dollars. It is hard to see how you can spend more money for a three and a half mile pipe with just the pipe than it would to run it all around the North Queensbury collecting all the sewage. I think we all know that sewage treatment plant is right up there with popularity with landfills and incinerators and if it turns out that the people don't want to play on a course irrigated with effluent we got a problem. Thank you. Councilman Caimano-Just a question. Why would you think that polished effluent might not be acceptable here as opposed to other places? Mr. Waldron-Well, because I think in other places there are much more serious water problems in the South, in Florida and in the South West and the States of Arizona. Now, I believe that some of those courses require no notice on them, warning this course is irrigated with re-cycled water, I believe. Now our own DEC requirements I think on the Part 360, prohibit you eating vegetables that are grown on land irrigated with effluent. You may grow hay and grain feed, and feed them to animals and eat the animals but you cannot eat the vegetables off this field for some reason. Councilman Caimano-You are talking about DEC after all. Mr. Waldron-I am sorry I did not hear you. Councilman Caimano-I said you are talking about DEC after all. Many of the rules we do not understand. Mr. Waldron-Understand them or not, you are going to have a hard time getting around them. Councilman Caimano- That is right, we have no way of getting around them. Supervisor Champagne-Thank you. Mr. Waldron-Thank you. Supervisor Champagne-Anyone else? Yes, Sir. Mr. Jack Erceg-My name is Jack Erceg and I live on 32 Wildwood Place and a Street that has come up and mentioned of one of the Streets that could be selected for the pipe, piping the effluent. One of the problems that I have and I am strongly against bring the water down to the Queensbury golf course. Strongly against it, just a year and a half ago I had a major problem with the possibility of contamination of my water by the Queensbury golf course, a possibility arose, all right, therefore my house because worthless if my well was no good my house was worthless, I could not sell my home. I do not want effluent coming out into or close to the property, I am within fifty feet of the fifth tee. My well is within one hundred and fifty feet of the golf course I do not want effluent coming on the golf course and leaching into my well. I just do not want it. Is that there were problems before and that was the possibility of wrong chemicals being utilized by the golf course to green their property. Now, the possibility was investigated thoroughly by the State and was found to be unfounded. But the possibility exists that chemicals could be put on that property that could contaminate the well water. Now, I think there is a conflict somewhat between the Town and having it on private ownership of the golf course who has the liability? Ifby chance the ground water is contaminated is it the problem of the Town or is it the problem of the golf course? Who did it. Now, I have a sincere, sincere problem because I have people coming to be right now today, saying you are close to a golf course your water is probably contaminated. I say that is not true, I had it tested thoroughly but in certain parts of the country it is very strongly true. Because they are using chemicals they are using them much too heavily and they are contaminating the ground water. So, I really am vehemently against it. One thing I also want to point out is with regards to the golf course you are looking at a major expense. Having a field there to take care of just the evaporation of the water seems to be very simplistic and sometimes we should look at things that are simplistic and low cost instead of things that are very difficult that create problems. It seems to me we always try to look at the most difficult ways of doing things and not the easiest, sometimes the easiest why don't we get a five year old child to give us an idea as to what to do they will probably come up with a much better idea. Is that, lets make it simple. The other thing I do want to point out is that I am not for golf courses, I am not a golfer, I stink. The thing is though is that this community if you drive down Route 149 right now it is funnel the cars are parked on both sides of the area where the golf course is. You get a semi coming down at you and you get nervous you get real nervous and if you want to know the statistics, golf courses are being built one per day in this country, 360 per year it is not keeping up with the entrance of people going into this sport. Golfing is the most, is the most heavily involved sport right now. More people are getting involved in golfing than any particular sport and it's primarily older people. I am saying I do not see a lot of younger people around here I am seeing more older people so I think the golfing is going to get bigger and bigger and bigger. The need for another golf course I do not really know, but I have to say this, if that Queensbury is getting pretty congested over there. I cannot see where Queensbury is going to be able to handle the crowd of people that they do have right now unless some major changes are made for parking or some widening of that road. I think there is some work that is going on with regards to that, but right now that is a very, very dangerous area and if, I drive that area I go through that area two to three times per day and the cars are packed and on the weekends it is worse. So, there is not much room for additional business there. So, really if you are looking at it is that if you have to go, golf course I do not think I would go Queensbury all right, I think I would look someplace else. But, I do not even see the need for a golf course. I am strongly, strongly, strongly against this. I do not want another situation where I thought I had a Love Canal, a Love Canal and that is what I thought I had because I put a lot of money into a house into a dream home and I thought I blew it. I thought it was over and it was washed and now I see that this thing is cropping up again I do not want the water there. Supervisor Champagne-Thank you. Yes, Sir. Mr. John Tata-Good evening, my name is John Tata and I too live on Wildwood Place my property does abut the Queensbury Golf Course and I am also opposed to this project as it is listed here. I would like to reiterate basically several of the things that Jack already said. I am very concerned about the whole idea of running pipes down Bay Road through or near to wetlands. All of us who bought land from Ed Grant were made very clear that these wetlands are really very precious. We do treat them that way. Where we placed our homes was very dependant on where they were written on our maps. In the concept of running these pipes granted not through but very close to concerns me. And that is a risk that I am concerned about. Again, what Jack said, I am very concerned about the water supply for all the same reasons. The whole idea of looking at these two projects if you look at it from a risk benefit ratio I do not see a lot of benefit coming down Bay Road. If this was a patient and we were looking at a risk benefit analysis of what to do for them this would not be one of my choices. The other thing of more sensitive issue that Jack did refer to is if Queensbury does become involved with the golf course I would be concerned that it too would be totally 100% accountable and responsible for any actions that had been taken and any activities that went on previous on the golf course. Like any litigation that might occur, people look for the broader shoulders and the deepest pockets and that would be the municipality. I am very concerned and I oppose it. Thank you. Supervisor Champagne-Thank you. Yes, Sir. Mr. Vidi Marcinkevicius-I am a resident of 12 Sunset Trail. I am looking at the two choices that are being offered and to me I do not think you have to be a rocket scientist to come up with the answer. I have been in business in this area for well over two decades and any time I have seen a town or any type government mixed with private business that has lead to nothing but disasters. We have a situation here where the Town of Queensbury can have full control over where the effluent goes that will not involve any other neighborhoods it will not involve a private business it does not even require a golf course it just requires open fields. So, why don't we just keep it simple. I am very much against running any type of effluent to the Queensbury Golf Course because you never know, private business goes out of business there is such a thing as bankruptcy it happens all the time in private business. They may sell, there could be some leaching from the fairways, the fairways have never been irrigated before who knows that the end result with irrigation is going to be? Maybe it will damage the water sheds if it damages the water sheds like Jack was saying it could be a lot of law suits. Where is the lawsuits fall? On the shoulders of our the broadest and contain the biggest wallets and that would be the Town of Queensbury. So, I am very much against running down Pickle Hill out Sunset Trail lets keep the problem contained lets keep the problem controlled by the Town of Queensbury and lets keep it as an open field and not a golf course and I believe that myself and all my neighbors on Sunset Trail, Wildwood, Pickle Hill we will do everything in our power to try to prevent that from occurring. In other words running the pipe through our neighborhood. Thank you. Supervisor Champagne-Anyone else? Yes, Sir, the gentleman in the back? Mr. Kenneth Footlocker-My name is Ken Footlocker and I live on Upper Bay Road I just have a few questions which maybe at an earlier meetings have been hashed over but I was not here from them, I would like to have them answered. Basically I would like to address the engineers that are doing the project. Between the two sites the Queensbury Golf Course site and the Salvador site the soil situation I know as a kid I used to do a lot of hiking up behind Dunhams Bay Lodge I know there is a lot of rock ledge up there is it really suited for this sort of thing? Mr. Shawn-For those of you that were here at the last meeting, we did discuss the soils issues, initially when we proposed the first concept for subsurface disposal for this project we looked at the property that was on Pickle Hill Road because in our evaluation it was strictly an engineering evaluation, the best soils the best area for discharge was that site. When you start to take into consideration some of the other factors that have to be involved in make a decision we came back to the Salvador property. We have been out there we have looked at the property, know it is not ideal and the reason why we are looking at this grassy field or golf course concept is for the very reason that the soils are relatively limited there and in order to make this work effectively we need a large area in which to infiltrate the wastewater and what we are doing by using the grass field or the golf course concept is that during the summer when we have the highest flows we were able to get a lot of evaporation and transpiration because we have large areas that we are applying it to. We are not expecting a lot of this dumped to the ground. During the winter when we have our lowest flows we obviously cannot spray or irrigate those periods of time we have limited subsurface disposal areas that we believe we can work within the constraints of the site. So, that is why we initially developed this concept for that piece of property it is not a case that we did not feel comfortable from an engineering point of view that you could construct a fill system to reliable discharge into the ground the full amount of flow that we would have during the summer months when we had the highest flow in the system. When we did numbers and I presented them at the last meeting it shows the relative proportion of the effluent that we would generate each month. How much goes into the irrigation how much goes into the ground and on a golf course concept with the evaporation and transpiration we basically had a deficit need in terms of water for that facility during the summer months. Mr. Footlocker-I have a couple of other questions. If it is decided to pipe it to the Queensbury Country Club, I also have a residence on Dunhams Bay and I am familiar with the base or the foot of the bay and basically the road is built on rocks that have been cut out of the various rock cuts. How would you lay your pipes if you were to bring it around the foot of the Bay since it is all exposed? Mr. Shawn-There was a couple of options because we have been out and walked the property with John Salvador. Anyone of these construction alternatives, the reason that we have gone and I do not know if you have attended any of the earlier meetings we are looking at an effluence system, it is a pressure sewer system we are not looking at gravity sewers so we are looking at relative, we are keeping our cuts to a minimum so we are hoping to avoid to the greatest extent possible work in rock. We know that, that is a, that is going to be a fact of life if this project were to go forth, it is not just going to be constrained to this area there are a lot of other areas where we have factored in and considered that we are going to have to deal with rock and that is just an unavoidable situation, we did talk to John Salvador in fact he suggested an alternate routing rather than coming back across here, coming in the back side there is an old road that runs into the back of this property when you come from Harris Bay. There is another potential way to get in there but until we have a more comfortable feel that the Town is comfortable with one option we are just not in a position to go into any more detail engineering to look at those things. But, those are things that would be developed as part of the SEIS the Supplemental Environmental Impact Statement. Mr. Footlocker-Ok. What I am concerned about at the base of Dunhams Bay where the road goes across the Bay whoever built the road dumped rock in there and basically it is like a causeway on rock. You can go eight feet of vertically on either side of the road and straight down you would be either in the lake or in the creek. My question is how are you going to run the pipe across that portion of the Bay? First if you lay it on top of the rock it is going to be exposed to the cold and we all know that water freezes at thirty two degrees and it does not matter how fast it runs when it reaches thirty two degrees it freezes. So, my question is how would you deal with that problem? Mr. Shawn-Well, I think we are getting into site specific construction impacts. There is no reason why we cannot drill and blast to make way for the construction of a pipe line there are options in terms of insulating the pipe line, you are dealing with wastewater effluent it typically when wastewater leaves the home you are up, even during the winter time you are up to sixty to seventy degrees fahrenheit and the likely hood you can get away with a lot of shallower bury depth on a wastewater pipe line than you can with a water line because, water lines if you start with water from Lake George in the middle of winter the Lake itself is thirty-two degrees so it does not take a lot of thermal loss for that to freeze but if you let the waste water it is a whole different situation. But, again the site specific you know, the site specific details of how we would deal with the specific environmental issues, you know the crossing of areas like that, wetlands crossings, stream crossings, all those things would need to be identified in the EIS but none of them are unsurmountable engineering problems. Mr. Footlocker-Okay. The third question I have, if you did use the Salvador site and you did not go the golf course idea but went with the straight grass field idea, would it be necessary to use chemicals on that or can you just use the effluent itself? Mr. Veltman-No, you wouldn't need to use chemicals and in a golf course situation too, I mean the chemicals are used for weed control and other things. I mean, it would be more like, if you were to develop it as a grassy field, it would be more like a farmer's field that you do haying on versus a, I can't imagine that you would cut it quite as often as you would a golf course. It wouldn't be maintained to the same extent which would save some costs. So, it would be a little different. Mr. Footlocker-So, there would be a plus to that in the fact that these chemicals won't eventually leach into the wetlands? Mr. Veltman-Well, I'm not convinced that you can't engineer this golf course system, in fact I'm certain that you could engineer the golf course system to protect against any impact from the application of chemicals that would be used for weed control. Mr. Footlocker-Well, as the people here have said, the simpler it is the better it is and I know no matter where you put water around here, eventually it makes it's way to the lake, it depends upon on how much soil it has to go through to do that. By just making it a field area back there, you lessen the chance of more pollution into the lake itself through the wetlands. That's all I have to say, thank you. Supervisor Champagne-Thank you. Anyone else care to speak? John? Mr. John Salvador-My name is John Salvador. I'd like to back track a little bit and for those people in the audience who haven't been at the previous meetings and haven't followed this project, I'd like to make a few things clear. Number one, this is a Warren County project. It is not a Town of Queensbury project. Warren County is the lead agency for SEQRA. These people, the engineer and Bill Remington represent the county. We got involved in this as a town, as a citizens committee a couple of years ago in an effort to help the consultant and the county identify reasonable alternatives to something they came up with that didn't seem to fly politically. Reasonable alternatives is all we're trying to put on the table, whether it's the Queensbury Country Club, the Dunham's Bay Lodge site, the Town of Lake George or the Village of Lake George, do nothing, go to a pump out system, all the alternatives we looked at, all we're trying to do is get together a list of reasonable alternatives. This is required under SEQRA. The lead agency is incumbent to identify reasonable alternatives and their engineer is required to identify the environmental impacts associated with those alternatives, mitigate those impacts, put a number on the solutions, evaluate social impacts and come up with a recommendation. It's not our job as citizens, it's not your job as a Town Board. It's the engineer and the lead agency. As many of you know, I have been a plaintive in a law suit against the Lake George Park Commission and the DEC concerning the Lake George Park Commission's Wastewater Regulations. The wastewater regulations are the very underpinnings of the project. Tomorrow I intend to deliver this letter to Mr. Grant. On June 14th the State's highest court, the Court of Appeals let stand the Appellate Division's affirmation of the order by Supreme Court, nullifying the wastewater regulations adopted 1990 by the Lake George Park Commission. As you know, the Environmental Impact Statement for the Warren County Sewer project based the need for the sewer project on the ability of many property owners to comply with the wastewater regulations. Now that the wastewater regulations have been struck down by the courts, the Warren County sewer project and it's subject EIS is without purpose and meaning. We respectfully request that this Board step back from the sewer project and repeal the resolutions which adopted the EIS. May we look forward to this action at your next meeting of the Board. And the three plaintiffs in this law suit will sign this letter. I'd like to read to you the language of the Appellate Division in their brief, in their decision. SEQRA regulations mandate consideration of all impacts which may be reasonably expected to result from the proposed action and this includes subsequent actions which are likely to be undertaken as a result thereof. The record amply demonstrates that the construction of a sewer system for at least part of the area covered by the regulations would have been expected to result from their implementation and that this was apparent and was drawn to the attention of the commission at the time the regulations were being considered. Supreme Court found the Commission's Negative Declarations to be incredible as a matter of law, reasoning that the inevitable consequence of these regulations would be the construction of an expensive sewering system in the Lake George area. Supreme Court declared the regulations null and void and enjoined their enforcement until the preparation of a environmental impact statement. Now, in light of that, I don't know what your intentions are tonight but if you want to proceed further, I have further comments. Supervisor Champagne-Thank you. Anyone else care to speak? Yes. Ms. Mary Arthur Beebe-I'm Mary Arthur Beebe, I'm the Executive Director of the Lake George Association and I'd like to thank all of you and all of the public who turned out here tonight to talk about an issue that has been of deep concern to all the citizens in the town since the mid seventies. We have a problem at Lake George in that we want to preserve the quality of the water at the lake and the quality of the lake itself and it has for a long time, been identified that there are several different things causing the deterioration of the water quality of the lake. One, is the nutrient loading, the phosphorous and nitrogen that's being fed into the lake as a result as improper wastewater treatment from septic systems, from runoff and from some other sources. In addition, we're concerned about the bacterial quality of the water because untreated or improperly or not effectively treated waste from septic systems can be a serious human health problem and has been, we've known of many areas around the lake where that is a serious problem. So the challenge is to find a system within that, that is reasonable, that is rationale, that's cost effective and that will let the people of this area continue to enjoy a high quality, really the best lake in the state. Last year a number of the citizens in the area got together as a task force and I'm just repeating this because I'm not sure that all of the people who are here tonight realize the amount of private citizen effort that has gone into coming up with some of the solutions that we're discussing in regard to the sewer. But the people who we're involved in the different neighborhood groups all around the lake who would effectively have to address the wastewater improvement plans for their areas were brought in to the town to participate in trying to develop a rational solution. They decided that they would like to keep the problem within the town and solve it within the town rather then to be held subject other communities and their financial needs in the future. That led to looking at sites within the town that might be able to manage the problem. There are not a whole lot of locations in the immediate vicinity of the lake that are large enough or have the site conditions to do the job in the ways that we have seen in other communities. We don't have the depth of soil that's necessary or the size of the undeveloped lands to do a full job without some creative and rational thinking. The reason for coming up with a system that is a combination of conservation, wastewater systems at the homes themselves to reduce the amount of the fluids that will flow to the treatment plant and the reason for using evaporation as a third stage of treatment was because within the town, as we understand at LGA, those combinations of things are needed in order to find a site large enough to deal with the problem, that has the right conditions. That's what we're trying to come up with here. The plan from here would be for the engineering firm to look at one of these proposals or both of them, very intensely and do the detailed studies to see if it really will work and to start to plan the solutions and to compare the costs and then to go to Washington with the other towns around the lake which have already finished their homework for over a year previous to this to seek some federal assistance to get the job done after twenty years of planning and studying. I think it's high time we move on. I think the amount of work that's gone into this needs to be looked at very, very carefully by everyone. The quality of the water that is proposed to be treated through the evaporation part of the process is very high quality. The bacteria contamination as Shawn Veltman has explained before, has already been totally removed. Most of the health hazard types of contaminates would have been removed. We're talking about the final stage of treatment to reduce the nutrients so that they will not go into the lake and do further damage to the lake's quality as an echo system. I think we should take another look before we get worked about and fired about that this is going to damage neighborhoods, this stage of the treatment system. It just doesn't seem possible when we really look at the facts. Further more, there's nothing to prevent an existing golf course from starting watering it's own system later in the future with or without the town's sewer system. I don't think that it's proper, in the past there were lots of arguments about limiting sewers for the area because they would limit the use of the land and the growth and the development in the Lake George Watershed. That's not really the proper way to plan and manage growth, through the absence of decent sewer systems for existing development. What is really needed, is good zoning which this town has very good zoning and that's the way you manage growth and development. You don't do it by failing to provide facilities to treat and make the area that is developed save for people and to destroy the quality of the environment that's there for the people who live here and use the lake. I really encourage all of us to look hard, not to get worked up and shoot down once more a sewer proposal that before we've looked at the facts, let's look more carefully and see if we can't get behind a solution. It's very important. I know the Town Board has spent alot of time on this and you've done a great job listening to us over and over again. Thank you very much. Supervisor Champagne-Thank you Mary Arthur. Let's have this lady over here. Ms. Beth Sweeney-My name is Beth Sweeney and I'm a resident of Sunset Trail. I have a list of questions I can ask but the first thing I'd like to say is I'm very opposed to the alternative of pumping the water out of Dunham's Bay down Bay Road, across Pickle Hill up either Sunset Trail or Wildwood or Boulderwood. I believe the potential spraying the effluent on the golf course, there's alot of potentials and questions that remain unanswered and I really have not seen anything presented here tonight that would make me think otherwise. I'm also hearing alot of we believe and probably's and that really scares me. One other thing I'd like to put on the record is, I got a note at my home on Sunset Trail and I called the town office here and was told that, "Well, we had a short notice and we couldn't get these out to everybody". I personally believe that every resident of Boulderwood and Wildwood should have received that note and to my knowledge, they did not and I'd like to put that on the record. Supervisor Champagne-Thank you. Councilman Caimano-Do you see a shortage of people here tonight? Ms. Sweeney-No. Councilman Caimano-Okay. Ms. Sweeney-But is it fair that hardworking people had to spend extra time telling their neighbors of what was going on? Supervisor Champagne-Yes. Mr. Karl Kroetz-My name Karl Kroetz. I was sitting here thinking how fortunate we are. Councilman Caimano-Karl, they can't hear you back there. Mr. Kroetz-I was sitting here and thinking how fortunate we all are including the Town Board. More then a year ago the Town of Queensbury started to find a solution to this problem and until a month ago we didn't do so very good. And here we are tonight with not one solution but two solutions, maybe three solutions and we're banging our heads against the wall. Now, I live as far away from the golf course as you can get, I live at the end of Cleverdale but I am opposed to taking that water from the sewer, from the sewer system and pumping it down to the golf course because of all the problems that we have heard. They were very specific, Dick Waldron made some very, very good points that I agree with one hundred percent. It's a problem if we go down to the golf course now and in the future. My solution is to build a grassy field on John Salvador's property because it solves all the negatives that we have heard tonight. There is no problem to put it up there where nobody has any objection to it. The Citizens Advisory Committee suggested that each property owner have it's own secondary tank in good repair which is the primary treatment. That will help the entire sewer process and it would then be pumped up on top of John Salvador's property. I think this is the simplest solution there is. I know of no objection to it. I've heard Shawn Veltman explain why it won't except the same kind of water unless they put the same as a golf course, unless they put the same kind of soils in. I say, put the same kind of soils in then but if you do that, I don't think we need people walking over it to make it work. So, we don't need a golf course with all the inherent problems with a golf course. Forget the golf course, forget the Queensbury Golf Course. Put it up on Salvador's property where there is no serious objections that I know of. Thank you very much. Supervisor Champagne-Thank you Karl. We'll have first timers through then we'll come back to the second round. Mr. Dennis MacElroy-My name is Dennis MacElroy, I'm a resident of Sunset Trail and coincidentally a property owner on Assembly Point and in that capacity I served on the Citizens Advisory Committee and I guess with the exception of the May 16th meeting last month, attended the various sessions that we had in devising alternatives and recommendations to the county. I was a bit surprised when I read in the paper the following day, May 17th, the golf course concept. It surprised me because in my knowledge of the Advisory Committee meetings and what not, we never talked about that concept. We did talk about the use of John Salvador's property as one of the solutions. Sometimes good ideas come along late but I'm not sure that, that qualifies. I won't reiterate what many of the comments that have been made about that proposal. I don't think the Town of Queensbury should be in the golf course business. The Smiths run a terrific business, I don't know that that's an appropriate solution for North Queensbury's problems. I think we have an opportunity to look into an alternative that satisfies and solves the problem of wastewater disposal for our North Queensbury area in our more immediate neighborhood. I wouldn't feel that it's appropriate to pipe treated effluent the three and a half miles or whatever down to the Queensbury Golf Course. I would suggest that Clough Harbour and the county follow up as their alternative the proposal of using John Salvador's property in a constructed field area without any golf course involvement. I think that's a situation that you should and must stay away from. I have some questions just as being an Assembly Point resident whether this project will ever come to pass but we should solve our problems at home so to speak, if we can and it appears that there is a solution for doing that. As an aside, I would comment on the plan prepared that shows the area of town from town line to Dunham's Bay on Route 9L, this is a pet peeve of mine, I'm glad to see at least now that Clough identifying that as a future sewer area. I would hope that, as I've said in the past, that that's an area that's included in any proposed district initially and right from the start. I don't understand and never have understood why that area is considered not in need anymore so then any of the other areas in North Queensbury. Thank you. Councilman Caimano- Thanks Dennis. Supervisor Champagne-Thank you. Yes. Mr. Gilbert Boehm-I'm Gilbert Boehm from Dunham's Bay. We're talking about this extra area that's required for the supplemental additional load in the Summer. As I look at the figures that were given to us, the maximum really exists in 2040, that's fifty years roughly from now or forty-five years and they're talking about two hundred and thirteen thousand gallons that they'll have to dispose of in August. I'd like to know what they'd have to dispose of in the next ten or twenty years because this assumes a maximum build out in this area? Councilman Caimano-Got an answer for him? Mr. Veltman-If you look at the last meeting Gilbert, I've got a copy here, we did present a, we gave resident population projections and flows not only for the year 2040 but for the year 1990, the year 2000, the year 2010, the year 2020, the year 2030. So there, all of the numbers are in there and if you look at the two hundred and thirteen thousand gallons in the year 2040, the number today, say the year 2000 which is, the nearest projection we have to that is about a hundred and sixty-six thousand nine hundred gallons a day. So, those numbers are in the figures that we presented. What we looked at was not total build out situation. What we looked at is, based on the existing projections for what was going to be developed with or without the sewer, what the possible future increase in flow for that, this facility would be. Obviously the issue of designing to build, to meet existing needs and some of the constraints of the Lake George law, are issues that would need to be addressed in the SEIS and whether or not the facility was built for two hundred and thirteen thousand gallons a day or a hundred and sixty-six thousand nine hundred and five days, I think is yet to be resolved. Mr. Boehm-Yea, okay but the cause of the fact I believe right now, you're sizing everything on the basis of the 2040 year. Mr. Veltman-Yes, we are. Mr. Boehm-You could get by with alot less for the next ten or twenty years and in affect, build out later, expand. Mr. Veltman-You know, the treatment plant is something that you could do that in a modular way but it would not make sense at all to build lines in the ground, collection lines. Typically, good practice whether you expect growth or not, good practice for designing collection lines, effluent conveyance systems would dictate that you design for the life cycle of the expected materials that you're going to incorporate into the construction and it would only be a small incremental cost differential for those facilities to go from today, or the year 2000, say to the year 2040. There would be a substantial savings, incremental savings to build the treatment facility in a modular fashion to address what you need today and maybe for a reasonable point into the future and then build on additional facilities. If you recall, when we did the original Draft Environmental Impact Statement for the Warren County, the other communities in Warren County, phasing is something that we included in every evaluation as part of the full assessment. But obviously what we're trying to do is compare everything on a uniform basis, an apples and apples comparison and just for the purposes and analysis we have used, it's a conservative approach but we've used the year 2040. But phasing and those issues are something that would need to be addressed in the SEIS. Mr. Boehm-Okay, thanks. Supervisor Champagne-Thank you Gil. Anyone else? Okay, John, second time around. Mr. Salvador-Again, by way of clarification, Mr. MacElroy asked a question, will this project ever come to fruition. The Draft Environmental Impact State prepared by Clough Harbour mentions two alternatives for the creation of this sewer system. One, a district and two, an authority. It's very likely that the legislature could in fact create the Lake George Basin Sewer Authority and that authority could in fact build a sewer system. They don't need our approval, they don't need anything, the legislature can mandate. They've done it before, the record shows that. We would have no choice but to hook up and pay. Mrs. Beebe mentioned the problem of nutrient enrichment of the lake. I have here a page out of the Lake George Park Commission Wastewater Regulations that the same consultant, Clough Harbour prepared showing that septic tank phosphorous represents three point seven percent of the phosphorous loading to Lake George. Three point seven percent is what we're talking about and what we're trying to take care of. Now, based on that, the Warren County Board of Supervisors prepared a program narrative to obtain the State Grant to prepare this study and this environmental impact statement and they say in this, "a continuing deterioration of the water quality of the waters of Lake George", is their concern. A method to reduce the nutrient loading from wastewater disposal within the Lake George Basin in areas immediately adjacent to the west side and lower east side, is essential. The two present public sewage disposal systems are at the limits of their capacities and in place expansion is really not feasible, nor from a nutrient loading standpoint, desirable. Now, we came to these two golf course options by addressing this program narrative and the alternative to take the wastewater to the Lake George Village Treatment Plant. I mean, this says they're not, it's not even feasible to expand them. Nor do we want to discharge the nutrients in the basin, what ever our percentage is. That's how we got here. There are many, many questions that I have brought forth as a result of comments to the Draft Environmental Impact Statement that have not been answered to date and they have not been answered because the consultant said that Queensbury was taken out of the project so we don't have to answer his questions. Now, we're back in the project. I'd like an answer to them. We've got a long way to go in this process. I know the County is anxious to finish this study. I don't subscribe to the fact that they're running out of money. My God, if a developer sat here and told you people trying to get an EIS through your approval saying he ran out of money, you would just laugh at him. He either pours more into it or he folds his cards, that's his choice and I think the County has the same choice. There appeared an article in this week's newspaper, Supervisors want to keep gambling option. They mentioned in this option a resolution passed on Friday was similar to one passed by the board in 1979 . You know, what was going on also in 1979? Warren County Sewer District Number One. This project and casino gambling are inseparable. Supervisor Champagne-Anyone else? Yes sir. Mr. Jerry Cashion-My name is Jerry Cashion and I live on 19 Sunset Trail and I think, first of all, I'd like to say that there are two people who are probably more affected by this Queensbury Golf Course project then anyone else and that's myself and Mr. Bird who I see sitting in the audience. This is because we own property between Sunset Trail and Gene Smith's property. Okay, so, this line does not run directly into Wildwood property. There are properties owned by people on Sunset Trail between this. So, we are concerned. I don't plan on giving an easement to anyone at any cost. My neighbor asked me, would I do it for five hundred thousand and I had to think for a little bit but I'm still not going to give an easement to anyone. And another thing I'd like all the people to be aware of, this was from the summary of the meeting on May 26th. Mr. Smith, the owner of the golf course, mentioned that there was a forty-eight acre wooded parcel of land to the northwest of the course, which is QCC land, Queensbury Country Club, this may accommodate the wastewater treatment facility. So, somewhere in this area, they could put the whole treatment plant. It could be put there. There's also a twenty acre parcel across the road where the driving range is located, the soils on this parcel were said to be sandy, gravely soils. The soil survey mapping confirms this. This may potentially be used for subsurface disposal of effluent. So, in other words, we may not just be looking at treated water, we may be looking at sewage piped to this area and then treated right in backyard. This is right from the summary of this meeting. Now, I'd like to say, I'm not as eloquent as Mary Arthur but I'd like to say that, we have empathy for Lake George but we also have empathy for our own area and we'd like to see our area remain clean and unpolluted as well. Thank you. Councilman Caimano-Before that goes any further, do you want to answer that, about the sewage treatment plant? Mr. Veltman-Well, I think that if you read the summary of the meeting, what we were exploring with Mr. Smith were a number of options that were available. I don't recall tonight when I described what we were proposing that we ever mentioned treatment down on the Queensbury Country Club property and for everyone who has been at these meetings over the years, I have always been a firm advocate of when you're pumping sewage for any long distance that you want to pump it at the highest level of treatment possible and the proposal that we did describe tonight involves treatment at the Salvador property and the discharge of the wastewater up to the golf course. Some of those other options that were discussed or some of these other properties that Mr. Smith owns are not within the Lake George Basin and there would very big regulatory concerns in terms of trying to be able to utilize that property for a portion of the systems. So, I think that should be clear. We have not proposed pumping raw sewage up to that property. Supervisor Champagne-Anyone else? Mr. Frank Munoff-Good evening. Frank Munoff. I just want to comment on the previous meetings that we've been going to, alot of people here may not be aware and it's the thing that still bothers me the most about the proposed sewer project. Very little talk, we talk about saving the lake, we talk about establishing a better environment for the lake, we still aren't talking about the entire lake. We still haven't opened the politics of dealing with another township. To me, all this could be for not if places like Pilot Knob which are on Lake George, I mean if you're going to have a sewer project, I'm not convinced we need one. But if in fact we do, to leave out those pieces of the puzzle, to me is ludicrous. And the fact that it's never in our discussion. That, well, Pilot Knob isn't going to be part of this because they're in another township and they're in another county and we haven't opened those channels yet. We're talking about Lake George. If you truly are talking about Lake George and if truly, as Mary Arthur said, if that is truly our problem that we're dealing with, how can you be talking about part of the puzzle. Before we were talking about 9L and one of the earlier alternatives at these meetings, was that the sewer, if it had to have gone to Lake George, the people on 9L would not between Dunham's Bay and the Town of Lake George would not have to be hooked up, if you remember that when we were talking about that. And to me, I just don't understand how you can be talking about an entire entity without including the entire entity. I mean, to put all this money and all this effort and all this time into something without having everyone that's involved with the lake, living on the lake. As I said, I am, I'm not for the sewer project but if in fact we do have to have the sewer project, I don't want part of the people on the lake to be involved and part of the people on the lake not to be involved. I find it very discouraging to know that I'm going to have to hook up to a sewer when I have absolutely no problem, septic problem and I am not polluting the lake. Okay and to know that there's going to be neighbors on Pilot Knob who probably do have a problem because they are on the lake and not have to be part of this. So, I guess my question is and I'll stop meandering, when are those associations, when is that channel of communication going to be opened up with people that are on the, with Pilot Knob or anyone on that part of the lake? If and whenever and I know that it's not part of this government project to get money for this project but it doesn't make any sense to do that without including them. Has there been any progress, any talk at all? Supervisor Champagne-Frank, to try to answer that is to say that we recognize, certainly the need is there. I've been hanging around this project now for only about six months but my previous experience tells me that when you try to get through the gates that we're trying to get through even with this group here tonight, that when you mix and blend that with other governmental agencies, I can tell you that the curtain would be pulled like yesterday. So, it's my belief and I think I can say this coming from the engineers, that once we get this in place, once we've been to Washington if you will, this is going to go no where without federal funding. I think our purpose here tonight is to try to arrive at a scenario that at least we'll get something in paper as a plan, a bonafide plan that we can go to Washington with and look for some funding to make this happen. Now, if that doesn't happen, all bets are lost. If that does happen, then it's my feeling that certainly Pilot Knob would be invited to come in, the project will certainly be built, am I right in saying that Shawn, to accommodate the Pilot Knob and other places westerly of where the plan is starting out now. In other words, there could be other sections of 9L west of where we're starting brought into the plan once we're underway and once we have the money to do it. So, that's going to happen. Mr. Munoff- Well, I think you realize when you use the word invitation, people aren't going to show up to your party, if you use invitation. Supervisor Champagne-Well, is that the word I used? Mr. Munoff- Yes. Supervisor Champagne-Oh, I take that back. Councilman Caimano- Y ou did and actually what's going to happen is, you're really referring back to what John Salvador said earlier, in the final analysis what this thing will probably wind up being is an act of legislature and then everybody won't be invited, they'll be told and we'll have nothing like this, we won't be able to do this. We will simply, well, it will be there, we'll have the opportunity to go to Albany and fight it. Mr. Munoff- W e won't have the choices. Councilman Caimano-We won't have any choice. Mr. Munoff-Correct. Thank you. Supervisor Champagne-Okay, anyone else? Yes, sir. Mr. Scott Smith-My name is Scott Smith, I'm Gene Smith's son, I'm the Superintendent at the Queensbury Country Club and I'm not very good at public speaking, so in get a little nervous, excuse me. We got involved in this project because we didn't think that we needed another golf course competing with us. We have Hiland competing with us and now we have Kingswood competing with us. We do not need fairway irrigation, we've survived without fairway irrigation. It would be nice. It will increase our costs as far as mowing, we'll have to mow more. As far as pesticides usage, it may increase our pesticide usage. Our fairways are going to be wetter, that's one point. As far as irrigating golf courses with effluent, it's a very common practice throughout the country, throughout the southwest and throughout the west. Turf is a very good filter. You're talking evapo-transpiration, not leaching water into the ground and I think that the public's perception about using effluent is their reality. You're talking tertiary, right Shawn? Mr. Veltman-Yes. Mr. Smith-How pure is that water? Mr. Veltman-We had done a calculation at one point in time where we, with the level of treatment that we were, that would be provided at this treatment facility, you know we talk about trying to make comparisons that people can understand, there were about fifty homeowners or fifty residences that were represented when we had that meeting on Pickle Hill, with the residents from Pickle Hill when we discussed that option. Well, the level of pollutants that they discharge, because each one of those now are on an individual septic system so they give it primary treatment and it goes into the ground. There's no tertiary treatment, no further level of treatment. The amount of pollutants, the pollutant loading that those fifty systems put into the ground would be more then what would come out of this tertiary treatment plant. And you know, that's the facts of the level of treatment that would be provided by the system so I would be more concerned and this is from an engineering point of view and it's not a popular point of view but I would be more concerned if I were those residents about their own septic systems than I would, that are probably within a hundred or two hundred feet of their own wells then I would be of the application of this effluent on the golf course. Mr. Smith-Now, Shawn when you talk about removing the clippings, is that totally necessary? Removing the clippings from the irrigated fairways? Mr. Veltman-To cover nutrients, it would be desirable. Mr. Smith-It would be desirable. Okay. Now, I'd really think that the public and the people that live around here, you know, Mr. Cashion is just talking about a water line coming through and they're scared by it. They're scared by you know, this sewage water coming by, I think they need to be, well, it's going to be very clean water. I don't understand why everybody is so scared about this. You guys are trying to solve a big problem and it's not going to contaminate people's wells, it's not going to cause all these problems that everybody is scared about. It's going to be very clean water being piped down through there. That's all I have to say. Supervisor Champagne-Thank you very much. Mr. Smith-Good Luck. Councilman Caimano- Thanks. Supervisor Champagne-Anyone else care to speak? Okay, yes. Mr. Remington-I'd like to say, whatever the outcome, it's really up to the Town Board. I don't really care. I do want to thank Scott and Gene Smith, they worked with us very well. In fact, Gene drove down to Albany to meet with us to talk about the project and I don't think in any time, they were being selfish at all. I think, you know, I would like to thank them on the county level for trying to help us solve a problem and if it is or isn't the solution we determine, I don't think it makes a difference to me and I really don't think the Smiths will be greatly upset by it but I do want to thank them on the basis and I think Clough Harbour would say the same, for working with us. They've cooperated with us and they've shown to be potentially very cooperative on this project and thank you for that. Supervisor Champagne-Thank you Bill. Councilman Caimano-We need to give a direction to these folks and where to go. I'll just start as a random thought for myself alone. It's been a long project and it's thankful, I'm thankful to both sides of the question for working hard over the last several years. There's alot of things to absorb, not the least of which of course is we have, I can think of off the top of my head at least a dozen golf courses that leach chemicals into all of our water every single day and one of the reasons that they can do that today is because the government mandates the type of things that they put on their golf course. The second thing of course is, while we're wrestling with this thing and people are talking about leaching and all of this, where do we all think that our septage goes after it goes through our septic tanks? I wonder where we all think it goes. But having said all that, I really think that the kiss system that everybody has talked about and that is, keeping it simple stupid, is the right way to go. I first thought at the last meeting that Gene or anybody else, this would be a reasonable alternative but having listened here tonight and having thought about it, I'm of the opinion that we ought to keep it simple and if we're going to do this, then we simply have a little grass plain and spray the tertiary effluent on it and not make a battle field out of it. Supervisor Champagne-Well, Betty this is in your ward, let's hear from you next. Councilman Monahan-Well, I think I tend to agree with Nick. You know we had never just discussed a grassy field and when you think Unknown-We can't hear you. Councilman Caimano-Get closer Betty. Councilman Monahan-I'm sorry. I said, I think we hadn't before seriously discussed just doing a grassy field and it seems to take care of alot of the problems without creating any more problems of it's own. So, right now, I would be of a mind that that's the alternative that we should pursue. Supervisor Champagne-Carol? Councilman Pulver-I would say that they again need to come back with more some facts and figures on that alternative. Supervisor Champagne-I guess what my comment would be that having been through the first two sessions earlier on this year, getting a feel for, at least we have a compromise, we have a North Queensbury neighborhood that did come together and I felt kind of good coming out of that last meeting, say that we've accomplished something here and it looks very favorable, that there will be a sewering system in the North Queensbury area. And then we got into the discussion at our last meeting in May relative to a golf course and my logic, I guess, led me to believe that, you know, if you have a piece of property already owned by someone and you can lease it for a buck for ninety-nine years and you can get water to it and you're not having to do alot of reconstruction, it just took the cost of that sewering project, to me, I guess I was hoping to look at twenty-five to thirty percent less cost. Well, as you heard tonight, we're nickels and dimes apart as far as moving from the Dunham's Bay location to the Queensbury Country Club. So, certainly I guess again a logic would dictate in my opinion, if we can do it by keeping the effluent within the basin, close to home, the benefit would be certainly to those users, it would be my opinion that that's the route we take also. Councilman Wiswall- Y ou don't want to hear from me. Our property got thrown into Queensbury Quaker Road Sewer system, our grassy acres are all in the taxable assessed sewer district but we don't have any water put on them or any consideration. We pay an exorbitant, huge tax on that property. We had to hook up to the sewer system when it went by, that was mandated. We didn't need it, we're like most of you folks, we had an adequate septic tanks and leach facilities that had been renewed over the years and were working very well. I didn't know as much as I know now about sewer systems and what it's going to cost and it's been quite an education to listen to all of this. But I think that when you get all through, you're sewage is going to go to Lake George to the plant down there because that's the only that really wants it and it would pick up from Pilot Knob right down through over the mountain between Dunham's Bay and the town line and Lake George and if it takes an act of the legislature, that's what's going to happen. You may not like it, it's going to be the most expensive thing you can do. In the mean time, take good care of your own septic tank and make sure it isn't polluting the lake cause it's going to take a long while before this is going to happen. Councilman Monahan-Fred? Supervisor Champagne-Yes Betty. Councilman Monahan-Scott wanted to say something. Supervisor Champagne-I'm sorry, sure. Mr. Smith-I know that the dump is out of the basin and it's closed, but that could be capped and turfed and irrigated, get permission from the governors? Councilman Caimano-I don't think so. Supervisor Champagne-I'm not an engineer, I really don't know. The question was, could irrigate the landfill once it's capped and send water over there. We might even want to put a golf course there, I don't know. Councilman Caimano-Boy, there's two cans of worms we don't want to deal with, I'll tell you that. Mr. Salvador-Anything will be better then what you have at Mud Pond. Councilman Caimano-Yes, that's true. Supervisor Champagne-We don't want to talk about that tonight. Okay, thank you very much for joining us this evening. Councilman Wiswall-I'djust like to say to John Salvador, wait until they put all your land in the sewer district and you pay tax on the whole, sewer tax on that whole field out there. Mr. Salvador-Exactly why I'm trying to get the most economical solution to the public. Councilman Wiswall-That's what I figured. Mr. Salvador-Okay. Unknown-May I have an opportunity to speak? Mr. Larry Gaibrois-My name is Larry Gaibrois and I live on Sunset Trail and I would like to know what the path forward is from here? In other words, what is the Unknown-We can't hear you. Mr. Gaibrois- What I would like to know is what is the path forward from here, where are we going, what is the direction and what we would expect the next event to be that the public might be, have an opportunity to learn about the next step? Councilman Caimano-Shawn? Mr. Veltman-Well, I think, obviously we've got to go back as John Salvador aptly pointed out this is a Warren County project. I think what we have to do is go back to the Lake George Affairs Committee and speak with Bill. I think the sense that I got, if not by formal resolution is that the board favors an option that considers the grassy field, let's call it the grassy field concept down at the Dunham's Bay Lodge and certainly I don't have any problem doing that. I don't think the county has any problem or concerns doing that and if that's what the consensus is, what would happen is we would move forward with the preparation of the actual Supplemental Environmental Impact Statement which would describe all of the options that had been considered to date. It would bring into consideration all these factors that have been used in trying to come up with a proposed solution and start to look at in more detail with the site specific impacts that would be associated with that particular alternative. There would be a requirement for a, once that document is completed, there would be a public hearing that would have to be noticed. There's the opportunity for public comment. Following that public comment the county would have to get back with a response, it's know, it would be a Final Environmental Impact Statement that would incorporate and address any comments and concerns that were raised at the public hearings and assuming that all those issues were adequately addressed in that Final Environmental Impact Statement, the county would lastly issue a Statement of Findings that basically says that this is what they recommend and go forth with. Mr. Gaibrois-Fred, may I speak? Councilman Monahan-Shawn, and I don't know Mr. Gaibrois-May I speak? Councilman Monahan-Yea, I just wanted to ask Shawn a question please about what he said. I don't know whether to ask you or Bill this. That public hearing on the SEIS, would that be held here or up at the county? Mr. Veltman-More then likely I would think that we would hold it down in the, probably in the fire house which is Councilman Monahan-At North Queensbury? Mr. Veltman-Particularly if we're talking about this concept that involves, you know the people down in that area, it would be much more convenient for them to get that site. Councilman Monahan-Okay. Mr. Gaibrois-Fred, Shawn indicates that he senses what your direction is. Could you clarify so that there's no question? Councilman Caimano- There isn't any formal declaration. Mr. Gaibrois-Is there an informal instruction? Councilman Caimano- Y ou heard it just like he did. There is no formal declaration. Supervisor Champagne-I don't think we can leave here tonight with anything firm. Okay, let's assume Mr. Gaibrois-Is there a hesitant Supervisor Champagne-Excuse me. Let's assume that he goes with the DEIS and and for what ever reason DEC comes back and says that you're locating too near Lake George with a grassy field and you're going to flow north and you're going to continue pollute. Now, we've got to go back to the planning board and reshuffle the deck. But right now, I think that's the message that he has and we're going to go forward with that. Mr. Gaibrois-Could you please restate that message, just for my understandings because I don't necessarily sense, I don't have a sense, I guess I just would like to be instructed as to what the direction is that would be the consensus. Councilman Caimano-Well, the question is here, I don't know that we have to, we are supposed to take any kind of a formal action. We are, we're an outside agency, right? Mr. Gaibrois-Do we have an informal Councilman Caimano-Just a second, let him answer the question. Attorney Dusek-I think, you know certainly as a matter of law, there's no formal step that has to be taken by the board. If you wish to adopt a resolution that indicates what the board's views are with contingencies, I think you can do that as well, to have a board statement as opposed to individual statements. Although your individual statements were all alike so, you know, I think that's a consensus. So, I think the board has a choice. Supervisor Champagne-I personally don't feel that we need to be any stronger then what we are at this point. Mr. Gaibrois-I guess, I don't know what the other people's opinion is but you know it's been quite a long time that people have been here and there's alot of people that went out of their way to attend this function and to become aware and involved in the project and I would think that the general population would be in favor of some, of a takeout from this session that indicates where we're heading in a more structured fashion even if it's not, we may not call it formal but I'd rather not call if informal and I'd rather not call it and I don't recall the word that you used, perceived or a sense Councilman Caimano-Do you understand where we're going Shawn? Do you understand what we want to do? Mr. Veltman-Yes, I do and I think that the board is correct in evaluating, this is, they are not the lead agency on this project. Warren County is and I think that the reason that Bill Remington is here tonight is because he's going to convey that information back. The county has to make the decision. I don't think the board, certainly no, any resolution that this board adopted would not be binding upon the county and I think that even if we did go forward with any of the options that are discussed here tonight, we haven't ended the public participation in this project. There are still the opportunity for the public hearing and you know, I don't think it's necessary, I think that the county is prepared to make a decision as to which direction they wish to go and I think that they're willing to discuss that in the next Lake George Affairs Committee meeting when the committee meets and they'll make a decision. Unknown-Which will be when? Mr. Gaibrois-In closing that, I'll go and maintain my seat. What Bill started off this session, was that he was looking for some assistance or direction from the town in terms of which alternative to pursue because the cost of funding was becoming limited and we did not want to pursue alternatives then we had funding available for. Am I to understand then that we are suggesting to the county that they pursue the alternative that includes the Salvador property in lieu of the alternative that includes the Queensbury County Club? Did I understand that correctly from tonight's session? Mr. Remington-I'm not sure I fully understand your question or statement. What I'm going back to the county with, now correct me if I'm wrong, everybody, if you have any thoughts, is to the Warren County Lake George Affairs Committee to indicate to them that the general senses from the board in Queensbury is to give consideration to the John Salvador site with either grassy field or some alternative that works for this project. Mr. Gaibrois- Thank you for stating that, that's what I was looking for. Councilman Monahan-Wait a minute. Councilman Caimano-Wait, whoa, whoa, whoa. One alternative that we were careful to avoid though was the monetary one of the golf courses. Did you get that? We do not want that alternative, at least the consensus here. Mr. Remington-Okay. Councilman Monahan-We are for the open field not the golf course. Mr. Remington-Open field or some other economical means. I mean, there might be, when the project is built, we're looking possible maybe five years down the road. Councilman Caimano-But we only have two options here that we're talking about. We don't know of any other options so you can't go back and say any other option because we didn't say that. We had say of the two options that we're brought here tonight Councilman Monahan-Really three Nick. Councilman Caimano- What? Councilman Monahan-Really three. Councilman Caimano-Really three. Of the three that were brought here tonight, the one that we are recommending is the John Salvador open field project. You can't go back Mr. Remington-Okay, does that Councilman Caimano-Wait a minute, you can't go back and say or any other economical because we didn't say that. We didn't even suggest that. Councilman Monahan-Don't put words in our mouth Bill. Mr. Remington-Okay what, well Supervisor Champagne-I serve on the Lake George Affairs Committee and I plan to go back to the committee and say, this is the answer or we have no answer and that answer is the John Salvador grassy field, Amen. Mr. Gaibrois- Thank you very much Fred. Supervisor Champagne-Now whether that works totally or not, I don't know but we're going to say that and we'll mean that. Councilman Monahan-Fred, I would like to thank the people tonight for the hours that they've put in researching this, participation, coming to meetings, the volunteers that have worked on committees. It's a hot night tonight and I'm sure alot of people would rather have been home in their pool or in the lake and I really want to thank them for their participation in government. Ms. Foley-I just want to know what I can do. You're going to go to your meeting, may I go to that meeting? Supervisor Champagne-Absolutely, it's an open meeting. Ms. Foley-When is it going to be? Supervisor Champagne-John Salvador probably knows. When is the next Lake George Affairs meeting? Mr. Salvador-They usually wait until after a meeting like this to decide when and it's probably not on the schedule. Councilman Pulver-It would be published though, wouldn't it? Mr. Remington-The schedule was just put out today, I don't have when it is but Harold Robillard would know tomorrow and you can call him. Supervisor Champagne-Georgette you give your phone number to my secretary over there Kim and I'm sure she would be glad to call you as soon as we get the announcement. Ms. Foley-Okay, thank you. Supervisor Champagne-Okay, we're going to take a quick break for about five minutes. Thank you very much for joining us, it's been very valuable. (five minute recess) RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 287, 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 approve the Town Board Minutes of May 16th and June 6th of 1994. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None Supervisor Champagne-Item number 3.2 on the agenda, Resolution Authorization and Establishing Employee Policy Manual, we're going to pull that one for further discussion at the our meeting next Monday. RESOLUTION AUTHORIZING RETENTION OF JOB EVALUATION CONSULTANTS RESOLUTION NO. 288, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of retaining consultants for purposes of reviewing job descriptions and developing a Job Evaluation Plan, and WHEREAS, Michael 1. Foley and Robert W. Howard have offered to perform services consistent with the plans of the Town Board for the sum of $5,400.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to retain the services of Michael 1. Foley and Robert W. Howard for purposes of developing a Job Evaluation Plan at a sum not to exceed $5,400.00, to be paid for from the Appropriate Account, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to enter into an agreement with Michael 1. Foley and Robert W. Howard for the performance of the services with the form of the agreement to be approved by the Town Attorney. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION ACCEPTING GIFT OF TERRA COTTA BRICKS RESOLUTION NO. 289, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Mr. Joseph Desourdy of Lexington Avenue, Glens Falls, has offered to donate to the Town of Queensbury, 31 terra cotta bricks from the old Clark Terra Cotta Company, and WHEREAS, the Town Historian advises that the bricks are representative of the brick manufacturing industry at the turn of the century and are excellent examples of the work of this period, and WHEREAS, under the Collections Management Policy enacted by the Town Board of the Town of Queensbury in November of 1993, ...the Town Board may, on behalf of the Town, take by gift, grant, bequest, or devise, and hold real and personal property absolutely or in trust for parks or gardens, or for the erection of statutes, monuments, buildings, or structure, or for any public use, upon such terms or conditions as may be prescribed by the grantor or donor and accepted by the Town and provide for the proper administration of the same; Town Law ~64(17-a) provides that the Town Board may provide for the preservation and protection of places, buildings, works of art and other objects having a special character or aesthetic interest or value... NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, in accordance with criteria set forth in the Collections Management Policy, hereby determines that the gift of the Terra Cotta Bricks reflects the historical culture, religion, education, industry, or customs that illustrate life in the Town of Queensbury; that the bricks are in adequate physical condition for display; that the gift of the bricks carries out the intention of the Collections Management Policy; and the donation is hereby accepted, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Town of Queensbury, hereby indicates its sincere appreciation of the gift made by Mr. Desourdy. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None Discussion before vote: Councilman Pulver recommended that it would be appropriate for a letter of thank you from the Town Board to be sent. Councilman Monahan noted, Mr. Joseph Desourdy offered the town 32 Terra Cotta bricks and they're much bigger then what we think of bricks and you're welcome to see these pictures here. They're excellent examples of one of the few turn of the century manufacturing industry in Queensbury, 1875 to 1904. The bricks crafted from clay and mural found on the site and at the Oneida in Queensbury were considered to be a first class quality rivaling the well known Philadelphia bricks. The artistic patterns made from special molds were created by the most skilled of the one hundred workmen employed by the company. Of significance is one large brick which bares the name Clark Terra Cotta Company 1889. The bricks were applied to public buildings, residences and churches. Only a few examples of Terra Cotta work now remain locally. Smith's Flats Building at 55 Bay Street, art deco tiles on the front of First National Bank building, Elli's Deli, McLaughlin Art Gallery on Ridge Street, Company Office and Resident Manager's Home now 318 Ridge Street, Clemens Real Estate and the decora on a few private residences. Placing the bricks in our town government setting would be a fitting way to preserve this piece of Queensbury's history along with the old kilns at the Hautala residence and the relief logo from the Glens Falls Insurance Company at the Chapman Museum. The bricks in the future will serve to shown and tell the public as well as school children about the development of nineteen century industry in the town. And I only wish we had these when these buildings went up so that they could have been incorporated. And you really should come up and see these pictures of them, they're absolutely fantastic. Councilman Pulver-I'd like to add, the memo from the historian is that the Town Board accept option 3 for her recommendation and that is, place the tiles inside the town hall at the north foyer entrance on a wall mount or in the foyer either mounted on the right hand wall under a 36 inch high chair rail or mounted around the atrium upper walls overhead. This is the best possibility for long term preservation and public enjoyment. And I would certainly go with that suggestion. Councilman Caimano-Should we add this to the resolution? Councilman Monahan-She wants to research it a little bit more, we have to think of weight barring and stuff like that. Why don't we just say the consensus is of the board is that we approve option 3. vote was taken. RESOLUTION TO ACCEPT BIDS FOR #2 FUEL OIL, DIESEL OIL, AND KEROSENE RESOLUTION NO. 290, 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 bids for #2 fuel oil, diesel oil, and kerosene, pursuant to Town of Queensbury Specifications, and WHEREAS, Beecher H. Baker!B&B Fuels, has submitted the lowest bid for the fuel oil, diesel oil, and kerosene for all locations, and WHEREAS, copies of the bids have been presented to this meeting, and WHEREAS, Darleen M. Dougher, Town Clerk, has recommended that the bid be awarded to the aforesaid bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for #2 fuel oil, diesel oil, and kerosene for all locations, to Beecher H. Baker!B&B Fuels, and that said #2 fuel oil, diesel oil and kerosene be paid for from appropriate accounts in each department from the 1994 budgets. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None (bids on file in the Town Clerk's Office) RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO. 291, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, certain departments have requested transfers of funds for the 1994 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1994 budget: BUILDING & GROUNDS: FROM: TO: AMOUNT: 01-1620-4400 (Misc. Contractual) 01-1620-4400-0024 (Misc. Contractual) 2)00.00 and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO. 292, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain departments have requested transfers of funds for the 1994 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1994 budget: LANDFILL: FROM: TO: AMOUNT: 910-8160-4449 910-8160-1840 57,000 (NON-BURN DISPOSAL (EQUIPMENT OPERATOR) FEES) 910-8160-4449 910-8160-4447 53,000 (NON-BURN DISPOSAL (BURN PLANT (ARRA) FEES) 910-8160-1400 910-9795-7095 11,800 (LABORER A) (INTERFUND LOAN INTEREST) 910-8160-1400 910-8160-4448 10,000 (LABORER A) (HAULING) 910-8160-1400 910-9040-8040 6,000 (LABORER A) (WORKER'S COMP.) 910-8160-1400 910-8160-1410 4,000 (LABORER A) (LABORER A, PART-TIME) LANDFILL, CONT'D: FROM: TO: AMOUNT: 910-8160-1400 910-8160-1840-2 1,000 (LABORER A) (EQUIPMENT OPERATOR - OVERTIME) 910-8160-1400 910-8160-1410-2 1,000 (LABORER A) (LABORER A, PT - OVERTIME) 910-8160-1400 910-8160-1002-2 500 (LABORER A) (MISC. PAYROLL - OVERTIME) 910-8160-1400 910-8160-4500 250 (LABORER A) (FUEL OIL AND/OR NATURAL GAS) 910-8160-4449 FUND BALANCE 10,000 (NON-BURN DISPOSAL FEES) 910-8160-1400 FUND BALANCE 11,450 (LABORER A) 910-8160-4454 FUND BALANCE 32,000 (NON-BURN HAULING) and BE IT FURTHER, RESOLVED, that the following revenue accounts shall be amended as follows: 1994 REVENUE $ $ REVENUE NEW PROPOSED ACCOUNT NAME ACCOUNT ORIGINAL NUMBER ESTIMATED ESTIMATED REFUSE & GARBAGE CHARGES 910-2130 420,000 REFUSE & GARBAGE (NON-PROCESS) 910-2130-8002 225,000 GF SHARE OF JOINT EXPENSES 910-2390 o QBY SHARE OF JOINT EXPENSES 910-2390-0001 3,050 SALE OF SCRAP 910-2650 7,000 310,000 79,550 25,000 3,050 o and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING ADIRONDACK RUNNERS 4TH ANNUAL ONE MILE FIREMENS RUN RESOLUTION NO. 293, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Adirondack Runner Club has requested permission to conduct their 4th Annual One Mile Firemens Run as follows: SPONSOR: The Adirondack Runners Club EVENT: ONE MILE FIREMENS RUN DATE: Saturday, June 25, 1994,9:00 a.m. PLACE: Beginning at Lower Broad Street and Ending at West Glens Falls Firehouse, Luzerne & Veterans Roads (Letter and map regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the Adirondack Runners Club to hold their 4th Annual One Mile Firemens Run in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that this be subject to the approval of the Queensbury Highway Superintendent, which approval may be rescinded or which may modify the authorized date. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY RESOLUTION NO. 294, 94 INTRODUCED BY: Dr. R. George Wiswall WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, Bay Fireworks, Inc., on behalf of Karamatt Broadcasting - WCKM Radio Station, has requested permission to conduct a fireworks display as follows: SPONSOR: WKBE FM! AM Radio Station PLACE: West Mountain Ski Center DATE: July 3, 1994 TIME: 9:30 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk, in accordance with the Penal Law of the State of New York, Section 405, is hereby authorized to issue a permit subject to the following conditions: A. An application for permit be filed which sets forth: I. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. 2. The date and time of day at which the display is to be held. 3. The exact location planned for the display. 4. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. 5. The number and kind of fireworks to be discharged. 6. The manner and place of storage of such fireworks prior to the display. 7. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. B. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; C. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of West Glens Falls Volunteer Fire Co., Inc., D. Cleanup of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to the Penal Law of the State of New York, Section 405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mr. Caimano Town Board held discussion regarding proposed resolutions on road dedication of Hunter Brook Lane. Town Board concerned with past problems with drainage and agreed to hold resolutions until proper drainage has been addressed. Attorney Dusek noted the following changes regarding the proposed resolution: I) wherever the map, plan and report is referred to, it should say the map, plan and report as amended June 17, 1994 2) wherever the maximum amount proposed to be expended is listed in the resolution, it's currently listed at 13,100,000.00, that figure should be changed 13,280,00.00 3) there should be a dates put in for a public hearing and in addition to that, on page 7, I just want to bring to the board's attention, the notice of public hearing, the third line down says, hearing will be held by the board on 1994, that date would go in there as well. RESOLUTION CALLING FOR PUBLIC HEARING ON PROPOSED INCREASE OR IMPROVEMENT OF FACILITIES OWNED BY THE QUEENSBURY CONSOLIDATED WATER DISTRICT AND SERVICING SEVERAL OTHER WATER DISTRICTS WITHIN THE TOWN OF QUEENSBURY RESOLUTION NO. 295, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, there exists in the Town of Queensbury Consolidated Water District, a Water Treatment Plant, water storage facilities, and certain water transmission mains and related real property holdings servicing the Queensbury Consolidated Water District, Sherman Avenue Extension Water District, Peggy Ann Road Water District, Easy Street Water Extension, and Hiland Park Water District, hereinafter referred to as the "Effected Districts and Extensions," and to some extent, certain adjacent communities pursuant to Water Supply agreements, and WHEREAS, after considering the capacity, age, efficiency, and effectiveness of existing Water Treatment Plant and distribution facilities, the future water needs of the areas serviced by the said Plant and distribution facilities and those areas expected to be served in the future, the Town Board of the Town of Queensbury, hereinafter referred to as the "Town Board" previously determined it appropriate to consider the expansion of the aforesaid Water Treatment Plant, purchase of certain additional lands, construction of various improvements to the Water Distribution System, and assessment of the cost of construction of the improvements and subsequent operation and maintenance to all the aforedescribed Effected Districts and Extensions, and WHEREAS, the Town Board caused a map, plan, and report as amended June 17, 1994, of proposed improvements and land acquisition, together with an estimate of the cost thereof and Part I of an Environmental Assessment Form, to be prepared by O'Brien & Gere Engineers, Inc., a copy of the same being presented at this meeting, and to be kept on file with the Town Clerk hereafter, and WHEREAS, the maximum amount proposed to be expended for said improvements is not to exceed $13,228,000, and WHEREAS, the map, plan, and report as amended June 17, 1994, provided by O'Brien & Gere Engineers, Inc., states, in part, that The existing water treatment plant does not have sufficient production capacity for meeting the District's current water demands. With this shortfall, the reliability of the system is compromised. Also, the transmission and storage system needs to be improved to take advantage of the increased plant capacity by improving hydraulics and increasing reserve storage capacity. We recommended that the Town make improvements to the water treatment plant to provide a capacity of 15 mgd, construct a I-MG storage tank, construct a 16-inch transmission main, and incorporate other miscellaneous improvements as outlined in this report. Specifically, the improvements include the installation of variable frequency drives on all raw and finished water pumps and construction of a new high lift pumping station within the proposed filter building; and WHEREAS, the Town Board has had numerous conversations and discussions with officials from various communities including the Village of Hudson Falls and it is recognized that the Village of Hudson Falls will most likely desire to acquire an interest in the aforesaid expansion, such that the Village reserves I million gallon per day capacity in the expanded Plant, and that the Village will be making a corresponding payment towards such acquisition, which is anticipated, in turn, to lower the cost that has been anticipated will be paid by the residents of the affected water districts, and WHEREAS, the Town Board notes that arranging for participation by the Village of Hudson Falls will take some time and that there is the possibility that an agreement cannot be reached, but, upon review of the map, plan, and report as amended June 17, 1994, has determined that, regardless of whether the Village of Hudson Falls or other communities should decide to join in or later purchase water from the Town, it is appropriate to continue to proceed with plans for the expansion of the aforesaid Water Treatment Plant, acquire additional lands therefore, construct additional water storage facilities, install a new water transmission main along Gurney Lane from West Mountain Road to New York State Route 9, and make other appropriate or necessary improvements, more specifically referred to in the map, plan, and report as amended June 17, 1994, and hereinafter referred to as the "Expansion Project," and WHEREAS, the Town Board, by previous resolution, indicated it was considering the Expansion Project, and determined the action was subject to SEQRA, identified certain involved agencies, preliminarily classified the action as a Type I under the SEQRA regulations, indicated it desired to be Lead Agency for purposes of SEQRA review, authorized the completion of initial applications to New York State DEC, DOH, and DOT, and other permitting agencies, and authorized notification to all other agencies that it desired to be Lead Agency for the SEQRA review, and that a Lead Agency must be designed within 30 days, and WHEREAS, the Town Board hereby recognizes that in order to proceed, that it must now I. designate itself Lead Agent and make a determination as to significance as allowed and required under the State Environmental Quality Review Act; 2. hold a public hearing on the proposed improvements as required by Town Law ~202-b; and 3. after the aforesaid hearing, decide upon the evidence given thereat, whether it is in the public interest to acquire the lands involved and/or construct the improvements proposed hereinabove and correspondingly, to determine whether to direct the engineer to prepare definite plans and specifications and make a careful estimate of the expense with the assistance of the Town Attorney and to prepare a proposed contract for the execution of the work and purchase the aforedescribed property, NOW, THEREFORE, BE IT RESOLVED, that the Town Board considers the map, plan, and report as amended June 17, 1994, prepared by O'Brien & Gere Engineers, Inc., concerning the proposed Expansion Project and presented at this meeting as complete, and BE IT FURTHER, RESOLVED, that the Town Board hereby designates itself as Lead Agency for purposes of determining the significance of the proposed project and hereby further determines that it is appropriate to wait until after the public hearing to determine the significance of the proposed project as further information may be presented at the hearing which will have an impact on the Town Board's decision of significance, and BE IT FURTHER, RESOLVED, that the Town Board hereby states that the maximum amount proposed and preliminary project cost estimate, including contingencies, engineering, legal, and miscellaneous expenses, as more specifically set forth in the map, plan, and report as amended June 17, 1994, for the Expansion Project is $13,228,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby determines it appropriate to proceed to obtain authority for the expansion project as provided by Town Law ~202-b jointly, on behalf of the Queensbury Consolidated Water District, Sherman Avenue Extension Water District, Peggy Ann Road Water District, Easy Street Water Extension, and Hiland Park Water District, hereinafter referred to as the "Effected Districts and/or Extensions," and further determines it appropriate to propose apportionment of the capital construction costs associated with the Expansion Project on an ad valorem basis for all Effected Districts and/or Extensions such that each District or Extension contributes or is taxed for the project according to the assessed value of property within the same from time to time, and that the operation and maintenance charges thereafter incurred annually, equally, and proportionately shared among the effected districts and/or extensions in a manner similar to the costs associated with the Expansion Project, and the amounts so apportioned shall be levied and collected in each district and/or extension as provided in Town Law ~202 and ~202-a, all in accordance with written agreements proposed to be entered into upon approval of the Expansion Project, and BE IT FURTHER, RESOLVED, that the Town Board hereby determines it appropriate to proceed with a public hearing on the map, plan and report as amended June 17, 1994, which allocates the entire cost of the proposed Expansion Project against the effected Districts and/or Extensions and not provide for the assessment of any costs against the Village of Hudson Falls, since I) if the Village should join with the Town on the Expansion Project, it will be allocated a reserved capacity of I million gallons or less and share in of the costs of the Expansion Project and operation and maintenance, as well as transmission costs, and accordingly reduce the amounts assessed against the lots or parcels within the various affected districts within the Town, and 2) the Expansion Project as sized and as planned according to the map, plan and report as amended June 17, 1994, is desired for purposes of the existing water district regardless of the involvement of the Village of Hudson Falls, and BE IT FURTHER, RESOLVED, that the Town Board hereby, in general terms, identifies the location of the lands proposed to be acquired as part of the Expansion Project, as those currently owned by Warren County, being part of a parcel being tax map no. 32-1-26.1 consisting of .52 +/- acres, and located near a currently existing water storage tank and those lands owned by Niagara Mohawk Power Corporation and located in the general vicinity of the existing Water Treatment Plant along Corinth Road, and consisting of three parcels and comprising approximately 36 +/- acres, and being portions of those parcels bearing tax map numbers 151-1-7.1 AND 148-1-2.1, and BE IT FURTHER, RESOLVED, that the Town Board hereby calls for a public hearing to be held jointly on behalf of the effected Districts and/or Extensions on the map, plan, and report and said proposed Expansion Project outlined in the said map, plan, and report as amended June 17, 1994, to be held at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, on the 11th day of July, 1994 at 7:00 p.m., to consider the proposed improvements and land acquisition, more specifically set forth in the aforesaid map, plan, and report as amended June 17, 1994, and to hear all persons interested in the subject matter thereof, and BE IT FURTHER, RESOLVED, that the notice of the said public hearing shall constitute this resolution, with a lead paragraph reading as follows: NOTICE OF PUBLIC HEARING FOR PROPOSED IMPROVEMENTS TO THE WATER TREATMENT PLANT AND DISTRIBUTION FACILITIES AND ACQUISITION OF CERTAIN PROPERTY IN CONNECTION THEREWITH EFFECTING ALL WATER DISTRICTS AND/OR EXTENSIONS IN THE TOWN OF QUEENSBURY. NOTICE IS HEREBY GIVEN as authorized and directed by the Town Board of the Town of Queensbury that a public hearing will be held by the Town Board on July 11th, 1994 at 7:00 P.M. at the Queensbury Activities Center, 531 Bay Road, Queensbury, New York, at which time all persons interested will be heard concerning proposed improvements consisting of an expansion to the Queensbury Consolidated Water District Water Treatment Plant, construction of additional water storage facility, and installation of a new transmission line, acquisition of certain land to accommodate the expansion of the Water Treatment Facility, and other appropriate or necessary improvements as described in a map, plan, and report dated February 1994 and amended June 17, 1994 by O'Brien & Gere Engineers, Inc., and on file for public review at the Town Clerk's Office located for review during normal business hours at the Town Office Building, 531 Bay Road, Queensbury, New York, PLEASE TAKE FURTHER NOTICE that the maximum amount proposed and preliminary project cost estimate including land acquisition, contingencies, engineering, legal and miscellaneous expenses is $13,228,000, and that the expense of such project and land acquisitions and other costs are proposed to be apportioned among the Queensbury Consolidated Water District, Sherman Avenue Extension Water District, Peggy Ann Road Water District, Easy Street Extension Water District, and Hiland Park Water District, on an ad valorem basis and the expenses associated therewith will be assessed, levied, and collected in the same manner and at the same time as other Town charges, PLEASE TAKE FURTHER NOTICE that additional information and/or details are set forth in the copy of the resolution provided with this Notice and set forth herein below, and that further information may be obtained by reviewing the map, plan, and report as amended June 17, 1994, on file at the Town Clerk's Office: (Copy of this resolution to be placed here) and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to arrange for publication and posting of the Notice as aforedescribed, in the manner prescribed in Town Law ~ 193. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION ACCEPTING INDEPENDENT AUDITORS' REPORT DATED 12/31/93 RESOLUTION NO. 296, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, Edwards, Williams, McManus, Ricciardelli and Coffey, P.C., an independent public accountant firm, have examined the Town of Queensbury's fiscal affairs for the 1993 fiscal year, and said firm has furnished reports entitled, "Town of Queensbury, New York Independent Auditors' Report General Purpose Financial Statements December 31, 1993," and "Town of Queensbury, New York Reports on Internal Control Structure and Compliance with Laws and Regulations December 31, 1993," together with a management letter, and WHEREAS, pursuant to ~35 of the General Municipal Law, the Town Board of the Town of Queensbury may prepare a written response to the Independent Auditors' Report and file the same with the Town Clerk, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby recognizes that the Town Clerk has received a copy of the reports referenced above, for filing in the Town Clerk's Office, and that the Town Clerk will be publishing a Notice of Filing in the local newspaper, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to prepare a written response to the Independent Auditors' Report not later than September 14, 1994, submit the same for approval by the Town Board, and thereafter file such written response in the Office of the Town Clerk as public record, for inspection by all interested persons. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH THE LAKE GEORGE OPERA FESTIVAL RESOLUTION NO. 297, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Dr. R. George Wiswall WHEREAS, the Lake George Opera Festival presents, in the Town of Queensbury, numerous performances and events, and WHEREAS, the Lake George Opera Festival promotes the cultural development of the community, and WHEREAS, the Lake George Opera Festival has requested funds for the promotion of its performances and events, and WHEREAS, the Town Board of the Town of Queensbury desires to enter into an agreement with the Lake George Opera Festival for the promotion of performances and events to the residents of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the Contract set forth above, and BE IT FURTHER RESOLVED, that payment due on said Contract, in the sum of THREE THOUSAND DOLLARS ($3,000.00), for the year 1994, be paid from the Appropriate Account. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mrs. Monahan, Mr. Champagne NOES: Mr. Caimano, Mrs. Pulver ABSENT: None Discussion before vote: Councilman Monahan-Frankly, all of the boards that I've been on practically have supported this because of what the opera festival brings to our community and roll over and salaries and in sales tax and also the frankly the publicity and the status that brings to our community. One article I read not put out by the Lake George Opera Festival in a national magazine rank this as probably the top road opera festival in the country. And now, Paul, I have a question. I don't think I have a conflict of interest but I will say that I do rent a camp to a person in the opera festival orchestra? Attorney Dusek-No. (vote taken) RESOLUTION AUTHORIZING LIGHTING IMPROVEMENTS ON ABBEY LANE RESOLUTION NO. 298, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Dr. R. George Wiswall WHEREAS, there is currently situate on Abbey Lane in the Town of Queensbury, six street lights which are currently on Town property and for which electricity usage is billed to the Town, and WHEREAS, the owners of Ramada Inn have indicated a desire to replace the street lights at their own cost with new street lights, and WHEREAS, Niagara Mohawk Power Corporation has indicated that they are willing to replace the lights, so long as the Town of Queensbury approves the project, and WHEREAS, the Town Board of the Town of Queensbury notes that the cost of replacement of the lights will be at no expense to the Town of Queensbury and that the Niagara Mohawk has indicated that it will, after installation of the new lights, maintain the buried cable, foundations, the poles and the bulb, and that Ramada will maintain the actual fixtures, including the electrical photo cell, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the replacement of the lighting fixtures on Abbey Lane, so long as the cost of replacement of the fixtures is of no expense to the Town of Queensbury, and provided further that it is understood and agreed that the Town of Queensbury is properly billed for the electricity usage of those lights, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute any and all documentation that may be necessary to implement the terms and provisions of this resolution, and BE IT FURTHER, RESOLVED, that the lights located on Abbey Lane shall continue to be a charge to the lighting district. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT DURING 1994 ADIRONDACK BALLOON FESTIVAL RESOLUTION NO. 299, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Adirondack Balloon Festival will again occur in 1994, and WHEREAS, during the time that the Adirondack Balloon Festival occurs, the local economies of the Town of Queensbury, as well as other surrounding communities, are benefitted, and WHEREAS, there is also a unique opportunity to advertise and generally promote the general, commercial and industrial welfare of the Town by purchasing certain advertisements in connection with the Adirondack Balloon Festival, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to arrange with the appropriate sponsors of the Adirondack Balloon Festival for the purchase of Name of Town of Queensbury on the printed cover and as part of the promotion brochure a letter from the Town Board, at a cost not to exceed the sum of $ 1450.00, to be paid for from the Publicity Account, Account #1-6410-4400, and BE IT FURTHER RESOLVED, that the Town Supervisor shall arrange for an Agreement to be executed between the sponsors of the Adirondack Balloon Festival and the Town of Queensbury prior to the expenditure of any funds in a form to be approved by the Town Attorney. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: Mrs. Pulver, Mr. Caimano ABSENT: None Discussion during vote: Councilman Pulver-No, because I think that the taxpayers should support these themselves and the town shouldn't be giving away the taxpayer's money. Councilman Monahan-Yes, because I think this is, you might say seed money so that they people in Queensbury are getting alot more sales tax into this town to reduce the real estate taxes. Councilman Wiswall- Yes. Councilman Caimano- The answer is no and again, the reason is the same, the law doesn't make any distinctions and we have to begin to draw away from that, that the law says that we can't spend government money for private things and that's why I'm voting no. Councilman Monahan-No it doesn't. Councilman Caimano- Y es it does. Councilman Monahan-Under town law, this is authorized. Attorney Dusek -Yes, maybe, I should probably address that. This is being paid for out of your promotions account which allows you to publicize the advantages of the Town of Queensbury and I checked with EJ to make sure you don't go over the threshold of the amount of money that you were authorized to spend. So, that you know, there is a, you may not agree that it should be spent but there is a legal, there is a law that says you can spend it. Councilman Caimano- I understand. Councilman Pulver-I still think that taxpayers should support these events themselves personally and the town shouldn't be taking their money and deciding which events they should be supporting. Like we're going to support this one but we're not going to be support that one, no I don't think the town is in a position to support any of them. Councilman Monahan-I just think it's a good business decision. Councilman Caimano- That's not our job, it's not our money. Councilman Monahan- I mean a good business decision as far as relieving our taxpayers of a portion of the real estate property by the amount of sales tax this brings in. Councilman Caimano- Which is accountable. Supervisor Champagne-Yes. (resolution passed) RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF PROPOSED LEASE AGREEMENT RESOLUTION NO. 300, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, in connection with the operation of the summer Parks and Recreation program by the Town of Queensbury, Harold Hansen, Director of Parks and Recreation, has recommended to the Town Board that recreation activities be provided in various areas of the Town and WHEREAS, the Town of Queensbury is presently not the owner of lands in these various areas of the Town that would be suitable for recreation activities to be conducted by the Town of Queensbury Parks and Recreation Department thereon, and WHEREAS, Harold Hansen has made tentative arrangements, subject to the approval of the Town Board, with the owners of certain lands in North Queensbury, West Glens Falls, and Glen Lake respectively to lease said lands for use in connection with the Town's summer Parks and Recreation program, and WHEREAS, Harold Hansen has recommended to the Town Board that the Town of Queensbury lease said lands for recreation purposes for the period from June 29 to August 19, 1994, and WHEREAS, Harold Hansen has informed the Town Board that he has inspected these three parcels of land and has found each to be suitable and appropriate for recreational purposes, and WHEREAS, it would serve a legitimate Town purpose to provide summer Parks and Recreational programs in North Queensbury, West Glens Falls and Glen Lake, and WHEREAS, the terms and conditions set forth in each of the proposed leases appear to be reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury enter into written lease agreements with the respective owners of the aforesaid three parcels ofland for a period from June 29, 1994 to August 19, 1994, under the terms and conditions of the proposed lease agreement annexed hereto, and be it further RESOLVED, that Fred Champagne, Town Supervisor, be authorized and empowered to execute said leases on behalf of the Town of Queensbury. Duly adopted this 20th day of June, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION RETAINING BANKING SERVICES OF THE FIRST NATIONAL BANK OF GLENS FALLS RESOLUTION NO. 301,94 INTRODUCED By: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury desires to employ a bank to perform various banking services, and WHEREAS, The First National Bank of Glens Falls has offered to render said professional services, in accordance with their Bank Quotation presented at this meeting, and WHEREAS, the Director of Accounting Services has recommended acceptance of the said Bank Quotation from The First National Bank of Glens Falls, and WHEREAS, the interest rates are slightly higher than the rates of the next highest bank, and WHEREAS, the accounts are currently at the First National Bank of Glens Falls, and the Town has received good service, as well as excellent investment rates, and WHEREAS, the Town's main checking account (Accounts Payable) will remain as a N.O.W. account, with the rate as shown in the attached proposal, and WHEREAS, the Town's main deposit account will also remain as a N.O.W. account, with the rate as shown in the attached proposal, and WHEREAS, the Town's Fund accounts will remain as savings accounts, with the rates as shown on the attached proposal, and WHEREAS, the Town's Payroll account will remain at the Glens Falls National Bank, and WHEREAS, the term of the agreement is one year, with a one-year extension at the Town's option, beginning July I, 1994, and WHEREAS, the Town can invest any idle funds at the best C.D. rates available from the First National Bank of Glens Falls or any other bank, and WHEREAS, the Town may keep nominal deposits at other banks for purposes such as obtaining B.A.N. and Bond quotes, maintaining account relationships, etc., NOW, THEREFORE, BE IT RESOLVED, that The First National Bank of Glens Falls is hereby employed to perform various banking services as outlined in their Bank Quotation presented at this meeting. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF CONTRACT OF SALE BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. 302, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury is currently the owner of a certain parcel of land, approximately 34 acres in size, bearing Tax Map No. 146-1-6, and more specifically described in a deed from Helen M. Merritt and G. Robert Merritt to the Town of Queensbury, dated July 28, 1968, and recorded at Liber 513, Page 226, and WHEREAS, the Town Board of the Town of Queensbury previously expressed its interest and desire to arrange for the sale of the aforesaid property with a grant of right -of-way to the Queensbury Economic Development Corporation at an amount equal to its appraised value of $90,000.00, and WHEREAS, the Town Board of the Town of Queensbury, as required by Section 1411 of the Not- for-Profit Corporation Law, held a public hearing on the 21st day of March, 1994 concerning said sale and thereafter determined that it would be appropriate to sell the property to the Queensbury Economic Development Corporation, subject to approval by the Town Board of a Contract of Sale, and WHEREAS, a Contract of Sale providing for the sale of the property described in the preambles of this resolution to the Queensbury Economic Development Corporation was previously presented to the Town Board of the Town of Queensbury, and a revised contract has now been presented, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the revised Contract of Sale between the Town of Queensbury and the Queensbury Economic Development Corporation, providing for the sale of the real estate described in the preambles of this resolution, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Contract on behalf of the Town and take such other and further steps as may be necessary to complete the transaction and arrange for the conveyance of the property to the Queensbury Economic Development Corporation in accordance with and so long as all of the conditions of the Contract are satisfied, and the Town Supervisor is hereby also authorized and ordered to complete and affix the seal of the Town of Queensbury to any other documents that may be necessary to complete the transaction, including, but not limited to the Deed, Real Property Transfer Report and Capital Gains Affidavit, and BE IT FURTHER, RESOLVED, that any previous resolutions of this Town Board authorizing a different agreement other than as approved at this meeting, are hereby rescinded. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION AMENDING RESOLUTION 162, 94 CONCERNING RETENTION OF ATTORNEY (MARK 1. SCHACHNER) FOR PLANNING BOARD RESOLUTION NO. 303, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 162, 94 retaining the services of Mr. Mark 1. Schachner to service the Planning Board on a three month trial basis, and WHEREAS, the Town Board of the Town of Queensbury desires to amend said resolution to extend the retention of Mr. Mark 1. Schachner to provide professional legal advice and representation to the Planning Board through December 31, 1994, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 162, 94, to extend the time period for the retention of Mark 1. Schachner to provide professional legal advice and representation to the Planning Board through December 31, 1994, at a total cost not to exceed TWELVE THOUSAND DOLLARS ($12,000.00), to be paid for from the appropriate Planning Account, Account No. 01-8020-4130. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None Discussion during vote: Councilman Caimano-It should be noted that he's retained through December 31st at a cost not to exceed twelve thousand dollars. RESOLUTION TO ACCEPT BID FOR PURCHASE OF INDUSTRIAL WHEEL BACKHOE LOADER 95 SAE NET HP & 16 FOOT 5 INCH DIGGING DEPTYCLASS FOR WATER DEPARTMENT RESOLUTION NO. 304, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the purchase of one Industrial Wheel Backhoe Loader 95 SAE Net HP + 16 Foot 5 Inch Digging Depth Class, 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 a recommendation in connection with the bid, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the Industrial Wheel Backhoe Loader 95 SAE Net HP + 16 Foot 5 Inch Digging Depth Class, to Schroon Lake Tractors, Inc., and BE IT FURTHER, RESOLVED, that said item is to be paid for from the Water Department Account #78-8340-2001. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None (bid on file in the Town Clerk's Office) RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO. 305, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain departments have requested transfers of funds for the 1994 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1994 budget: TOWN CLERK: FROM: TO: AMOUNT: 1-1410-4040 1-1410-2032 35.00 (Dues & Registrations) (Software) 1-1410-4060 1-1410-2032 620.00 (Service Contracts) (Software) 1-1410-4120 1-1410-2032 100.00 (Printing) (Software) 1-1410-4220 1-1410-2032 250.00 (Training & Education) (Software) 1-1410-4010 1-1410-2032 945.00 (Office Supplies) (Software) and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY RESOLUTION NO. 306, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Charles R. Wood, Chairman & CEO of the Great Escape, has requested permission to conduct a fireworks display as follows: SPONSOR: The Great Escape Fun Park PLACE: The Great Escape Fun Park DATE: July 7, 1994 TIME: 10:30 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk, in accordance with the Penal Law of the State of New York, Section 405, is hereby authorized to issue a permit subject to the following conditions: A An application for permit be filed which sets forth: I. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. 2. The date and time of day at which the display is to be held. 3. The exact location planned for the display. 4. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. 5. The number and kind of fireworks to be discharged. 6. The manner and place of storage of such fireworks prior to the display. 7. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. B. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; C. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Queensbury Central Volunteer Fire Co., Inc., D. Cleanup of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to the Penal Law of the State of New York, Section 405, provides: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: Mr. Caimano ABSENT: None RESOLUTION AUTHORIZING PAYMENT FOR WATER TESTING IN CONNECTION WITH THE GLEN LAKE WATERSHED MANAGEMENT PLAN RESOLUTION NO. 307,94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury, in accordance with Town Board resolution no. 119, 94, supported the concept of watershed management and planning for the Glen Lake Watershed, and WHEREAS, interested citizens, the Director of Community Development and Councilperson Betty Monahan have recommended that the water in Glen Lake, as well as the surrounding tributaries and wetlands, be tested for the purposes of identifying nonpoint sources of pollution and assisting in the development of a watershed management plan and also further assisting in the development of a comprehensive land use plan for the entire Glen Lake Watershed area, and WHEREAS, the Town Board of the Town of Queensbury hereby notes that the testing of the water would, in fact, be supportive of the development of a comprehensive land use plan, as well as supportive of other purposes, such as public health and aquatic plant growth and control, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes payment up to the amount of $4,900.00 to cover the costs associated with the aforementioned testing, said costs to be paid for from the Community Research Miscellaneous Contractual Account, Account No. 01-8030-4400 , and hereby authorizes and directs the Town Supervisor to execute any and all documents associated therewith. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None Councilman Pulver-I just want to make one comment, I think this information is going to be very useful when we really get down to doing our a comprehensive land use plan. Councilman Monahan-We also want to thank all the volunteers at Glen Lake who are already prepared to do the water testing and have been trained for it and bought some equipment. The Glen Lake Association has put up some money to do some testing within the lake itself. So, this is a combination of public and private effort. DISCUSSIONS 9:50 P.M. Councilman Wiswall-I'd like to say a word. We with held a resolution last time on the purchase of the mower. He's looking at another mower that will do the job and can be used with the tractor that they have now. Councilman Caimano-Is it cheaper? Councilman Wiswall-Probably about half. Harry has looked at the mower, he's quite excited about it and I am too. We should make a decision on it because they need it. Councilman Caimano-As far as I'm concerned, just the fact that we've done that and you've done that work, I'm ready to go ahead and go with it. Town Board agreed to prepare resolution for the next meeting. ATTORNEY MATTERS 9:55 P.M. Attorney Dusek noted that he received a letter from Paul Pontiff representing Queensbury Central Volunteer Fire Company. Their station which is adjacent to Hovey Pond is the area that they have a concern. There is a road which leads from Lafeyette Avenue to Hovey Pond and apparently the road is an access road used by the town and that road from their survey shows that it's on fire company property and they would like that road, there exact language is asking the town to remove the infringement on the fire company property. So, whatever we have to do to move the road over or get off their property needs to be addressed. Town Board held discussion and agreed to hold from taking action until further information is obtained regarding the matter. Attorney Dusek noted in addition to that matter, I have five matters that are in litigation that I need to discuss with the Board in Executive Session. DISCUSSIONS Councilman Caimano-A constituent questioned me on the reasonings for having laborers at the Ridge Road Landfill on a Monday. He apparently went on the wrong day, Monday it's closed and he found a man from the landfill sitting there and questioned his purpose for being there and was told, "I'm paid to work here Monday to keep people away". Supervisor Champagne-You mentioned that to me and I spoke with Mr. Coughlin and his comment was that it was unfounded. Town Board held discussion and Councilman Monahan noted that she'll research this and get back to the board. Councilman Caimano-I have a copy of a letter from Marv Lemery, the Warren County Fire Coordinator to the members of the Board of Supervisors in which he says, and I quote, " The Queensbury Town Board is considering establishing a policy that would prohibit town employees or members of rescue and or volunteer departments from leaving work to respond to emergency calls". That is wrong and I would suggest that Mr. Lemery before shouting that the sky is falling, might want to check with us to find out what was said. I don't remember that we were going to pass a resolution that would ban that. There was some question concerning it but I would hope that Mr. Lemery and he wrote this to the Board of Supervisors. Supervisor Champagne-I plan on calling Mr. Lemery myself. Councilman Pulver referred to letter dated June 7th, regarding acquisition of lands for west end recreation park from Tim Brewer and Jim Martin. Executive Director, Mr. Martin-This field, the firemen's field has always been used for softball or recreation type activities informally and he thought it might be a good idea to establish this facility on a permanent basis for the people of that area. That's what he's interested in doing and he wants an opportunity to meet with the board to discuss this. Councilman Monahan- I suggested to Jim that that piece of property be put on our tour when we go out June 23rd. Executive Director, Mr. Martin-Harry and I went to look at it, make sure that you take a good look at the outfield there. Due to the fact that that's the dumping ground for city snow, there's alot of waste that's been ground into the dirt. We should take a long hard look at that, that were not accepting something that's going to be alot of work to get to a point of ever being used as a recreation field. Councilman Pulver-Jim, do we know that the City wants to sell it? Executive Director, Mr. Martin-That's the whole dialogue that's got to be started. Councilman Pulver-We're talking about it for the first time, but I know for a fact the Recreation Commission is going out there now, looking at it, developing plan and so forth. Executive Director, Mr. Martin-Well, I don't know if they're developing a plan, there just looking at a very preliminary conceptual phase. Councilman Pulver-Why are they doing that prior to the Town Board even going out there and looking to see whether or not there's an interest? Executive Director, Mr. Martin-I just think it's in the interest of keeping everybody in the same communication loop. There's no decisions being asked for by anybody. It's getting everyone's opinion at the same time at a simultaneous fashion. Nobody is being preempted by one board or the commission or anything like that. Supervisor Champagne-Tim came in my office, we discussed this and he's very interested. Tim talked about merely running a grader over the surface, leveling it up, putting bases down that are adequate. As far as the purchasing, we don't see that happening right away not knowing if the city is even interested. The other issue is, just bringing it to a level that's safe for the kids to play. Executive Director, Mr. Martin-The other facility that's available right across the street, it hasn't been used in some time, it appears there's a field right behind the West Glens Falls Fire house. It's in better physical condition in terms of the quality of the soil and that type of a thing. You might want to look at both of them while you're there. It's very conceptual, we're just trying to get everybody's opinion on the matter. Councilman Monahan-Jim, I would appreciate it before we go out on this tour if the Planning staff would make a list of pros and cons for all this land that we're looking at. OPEN FORUM 10:02 P.M. Mr. Charlie Adamson, Assembly Point-Referred to the Open Forum part of the meetings and suggested to hold at the beginning of the meeting like it used to be, you're likely to get alot more input from individuals. Spoke to the Town Board regarding letter received in today's mail, the Determination of Board of Assessment Review for the Town of Queensbury stating that my assessment has not been reduced because it lacked compelling evidence and adequate proof. Noted that a great deal of supporting evidence and material was submitted. Requested the Town Board to find out from the Board of Assessment what exactly is the information that they're looking for. Requested the Town Board to find out from the Board of Assessment if they actually took any time to review the material that was submitted, noting that the material was lengthy and yet the determination was dated only two days after Grievance Day. Questioned why a certain member of the Board of Assessment received a significant reduction in his assessment for the kind of turn-key property for that area that is likely to sell in today's market. Questioned whether this individual was allowed to participate in the discussion of this case and whether he was allowed to vote on it. Councilman Caimano recommended that the Chairman of the Board of Assessment appear before this board to ask these questions. Councilman Monahan recommended that supporting reasons should be stated along with the determinations. Councilman Caimano requested the Town Attorney to research whether or not a member of the Board of Assessment is allowed to discuss, participate and vote on their own case. Attorney Dusek noted that he would check the law and get an answer to the board, offering to fax Mr. Adamson a copy too. Mr. Adamson questioned the procedure involved in selecting the members to the Board of Assessment. Noted, I hate to see Queensbury wasting money on a board that doesn't seem to understand it has the duty to be fair to the citizens of the town. Mrs. Lillian Adamson, Assembly Point-Noted complaint on her hearing of the twenty properties that she represented, that she did not receive a fair hearing. Noted that she did not get all of her materials back, she's very concerned and wants the material back. Stated further, "I want changes made now and I want you to direct the board to give equal treatment to everybody who comes before the board, I don't think I got fair treatment and I think there has to be time to make an adjustment to that". Referred specifically to two cases noting the unfairness and requested the decisions to be rescinded. Attorney Dusek-Agreed to look into those cases and would contact Mrs. Adamson early tomorrow mornmg. Mr. Pliney Tucker, Queensbury-Requested a copy of the paving schedule for the town. Councilman Pulver-Recommended that Mr. Tucker contact the Highway Department for a copy. Mr. Tucker-Noted that he does not deal with the Highway Department and that the board members should have the schedule. Councilman Caimano-Noted that he no longer has a copy of the schedule. Supervisor Champagne-Noted that he no longer has a copy either. Mr. Tucker-Questioned if the town has a total accounting of what was spent on the drainage in Hidden Hills? Supervisor Champagne-Suggested to contact his office tomorrow and would supply him with a copy of that. Mr. Tucker-Referred to the fireworks display, questioned where it's being held? Councilman Wiswall-Noted one is being held at West Mountain and the other at the Great Escape. Mr. Tucker-Referred to West Glens Falls and questioned whether they were holding one? Councilman Caimano-Noted that they decided against having one. Mr. Tucker-Referred to QEDC sale of contract and questioned whether the sale has taken place yet? Attorney Dusek-No. Mr. Tucker-Noted that they're clearing the piece of property presently. Questioned whether the property has been rezoned? Executive Director, Mr. Martin-No, it's zoned Light Industrial. Mr. Tucker-Referred to some prices of commercial property within the area noting Torrington has seven and three quarter acres for sale at seven hundred thousand and seventeen acres at McDonald's for three point two. Noted further that there was seven acres sold directly across from the Carey property in February of 1992 for two hundred and eighty thousand dollars. Referred to residential property, undeveloped land would sell for the average of ten thousand dollars per acre at the present time. Questioned why the town is selling thirty-four acres of beautiful land for ninety thousand dollars? Supervisor Champagne-That's what the land is appraised for and that's what the town went with. Councilman Pulver-It was done by an independent appraiser and the Town Board had nothing to do with putting a value on the land. Noted further that the properties that he has quoted are on Corinth Road and this property has no access and the town has to put a road in to get to it. Mr. Tucker-Questioned the attorney that when the town sells a piece of property, does it have to be declared surplus? Attorney Dusek-Yes. Mr. Tucker-Stated that he was told from a good source, a political figure that when a piece of property is declared surplus and the town is going to sell it, that it's got to be advertised to be sold. Attorney Dusek-That would normally be true but there's a special provision under the not-for-profit corporation law that allows a sale of this nature to occur to the Queensbury Economic Development Corporation. It's actually a special provision and that's why we held the public hearing in accordance with that provision. Mr. Tucker-That eliminates the need? Attorney Dusek-That's correct. Mr. Salvador-Referred to the Lake George Park Commission Wastewater Regulations, noting that they have been declared null and void. This town has an agreement with the Lake George Park Commission to perform on site wastewater system inspections and I would like to suggest that you move to rescind that resolution, that agreement and that you conduct a public hearing in the process. Councilman Caimano-Questioned the attorney if he's received any notification? Attorney Dusek -No and I would recommend Councilman Caimano-We're not going to do anything until we get notification. Attorney Dusek-Right. Mr. Salvador-Suggested that the town hold a public hearing on this. Attorney Dusek-There is no public hearing required by law. Mr. Salvador-Spoke to the Town Board regarding the following subjects: the county's recycling law, Queensbury employees participating in volunteer activities, the use of taxpayer's money for private purposes, assessments on Lake George and the contents of chapter 791 of the laws of 1992 dealing with public land laws and the two power plants presently being built. OPEN FORUM CLOSED 10:40 P.M. AUDIT OF BILLS RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 308, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Audit of Bills appearing on Abstract June 20th, 1994, numbering 94-228900 through 94-248700 and totally $169,014.33, be and hereby is approved. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mr. Caimano Vendor # 000127 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 309,94 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 adjourns from Regular Session to enter Executive Session to discuss five matters of litigation, one personnel matter and hiring of professional services. Duly adopted this 20th day of June, 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. 310, 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 adjourns from Executive Session and enter Regular Session of the Town Board. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING TOWN ATTORNEY TO RETAIN FIRM RESOLUTION NO. 311, 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 authorizes the Town Attorney to employ the firm of Daffner and Tang at a cost not to exceed one thousand dollars ($1,000.00) to assist in matters relating to Bankruptcy with John and Rita Flynn. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING TOWN ATTORNEY TO APPEAR!DEFEND AND TAKE SUCH ACTION REGARDING WHC-5 REAL ESTATE LIMITED PARTNERSHIP VERSUS REGENCY PARK ASSOCIATES RESOLUTION NO. 312, 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 authorizes the Town Attorney to appear, defend and take such action as he may deem appropriate on behalf of the Town of Queensbury in connection with the matter of WHC-5 Real Estate Limited Partnership versus Regency Park Associates and others including the Town of Queensbury. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT RESOLUTION NO. 313, 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 authorizes the settlement of the matter of Maurice Lebowitz versus Helen Otte, Assessor of Town of Queensbury as follows: 128-9-29 $ 80,000.00 128-9-30 $ 40,000.00 131-1-16 to stay the same 131-1-15 $ 55,000.00 and BE IT FURTHER RESOLVED, that the extent of this resolution and authorization of settlement is inconsistent with any prior resolution adopted, the same is superseded. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT RESOLUTION NO. 314,94 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 authorizes the settlement of the matter of Dennis MacElroy, John R. MacElroy and others against Helen Otte as sole Assessor of the Town of Queensbury and the Town of Queensbury property number 7-1-4 for an assessed value of six hundred thousand dollars ($600,000.00). Duly adopted this 20th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 315, 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 continue the Executive Session to discuss a personnel matter. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 316, 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 of the Town Board. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING RETENTION OF SERVICES REGARDING ANALYSIS OF HIGHWAY GARAGE BUILDING RESOLUTION NO. 317,94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of 1.M. Weller Associates, Inc. for the purposes of providing professional assistance to the Town in analyzing the Highway Garage Building, the future building needs for the Highway Department, and developing specifications for bids and bidding documents for immediate repairs at a cost not to exceed $5,000 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to enter into an agreement consistent with the terms and provisions of this resolution and in a form to be approved by the Town Attorney. Duly adopted this 20th day of June, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None ABSTAINED: Mrs. Monahan RESOLUTION TO ADJOURN RESOLUTION NO. 318, 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 20th day of June, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None No further action was taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY