Loading...
1991-06-10 SPECIAL TOWN BOARD MEETING JUNE 10, 1991 4:00 P.M. MTG#26 RES#334-342 TOWN BOARD MEMBERS Supervisor Stephen Borgos Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan Town Attorney Paul Dusek TOWN BOARD MEMBERS ABSENT Councilman George Kurosaka Supervisor Borgos-Called the Special Town Board Meeting to order...requested that Mr. Hatin speak to the Board regarding an unsafe structure Mr. Dave Hatin- The Board is very familiar with this piece of property Mr. Garfield Raymond representing Mr. Vincent Crocitto the owner of the property has been before you two or three times already. Over the week end or actually last Friday one of my building inspectors noticed that the adjoining wall between the old structure was removed and the present structure was falling down. I got a hold of Garfield Raymond he assured me that there was a contractor that was supposed to be there that day to take care of it by 3 o'clock, 2 or 3 o'clock that afternoon, nothing had happened, so I made a phone call to the owner and got permission for my building inspectors to tear down the wall before it fell on somebody. It was not a big job, it is not a big wall, probably 20x20. They torn it down and got it down to the ground I told Vince at that time that as long as he had it cleaned up by Monday there would be no problem, we went back this morning, the wall that they torn down was cleaned up and carted away, however the building was left exposed and opened and the garbage and debris that we had in the back yard that we have been trying to get cleaned up for the past two week was still there. Paul and I called Garfield this morning to warn him that there might be a meeting at 4 o'clock if nothing happened by 4 o'clock today as of 3:45 P.M. when these were taken nothing had happened. That is where we stand. Supervisor Borgos-What would you request of this Board? I have been there many times. Mr. Hatin-I would like some immediate action either forced through the landlord or allow me to take action to get the building secured. Supervisor Borgos-Lets ask our Attorney what is the fastest and the strongest we can be? Attorney Dusek-Well, pursuant to your unsafe building local law it would be possible of course for this Board, I think this board I think is familiar with taking to order emergency action to be immediately taken. I think before taking any further action other than what's just what is necessary to immediately take care of the safety problem you want to have a hearing whereby... Supervisor Borgos-Haven't we already done that, we have had one or two hearings. Attorney Dusek-Well, I think the facts are different than they were though in your previous situation because I think my recollection was and Dave you can correct me if I am wrong, but the previous hearing really focused in on the building that used to be there, that addition that they have since torn down, now you are concentrating on the main structure so I think there is enough of a difference that you would be better off to take some emergency action if you think that is appropriate but then put Mr. Raymond and his client on notice of a hearing to be held, you could hold it as quick as five business days from the notice of service, so you could hold it next Monday. Supervisor Borgos-What is the strongest we can take right now? We can order it boarded up, can we order it fenced off and closed so no people can go in it? Attorney Dusek-Sure. Supervisor Borgos-What do you think, group? Councilman Potenza-Well, obviously something has got to be done and this is ludicrous, although I know we talked about one other side of the building it is splitting hairs and... Supervisor Borgos-We had a call this morning from a neighbor complaining that children were in there last night playing, obviously not a good situation. Councilman Potenza - I do not necessarily think that we have to go to the expense of fencing. Supervisor Borgos- When I was thinking of fencing I was thinking of that orange snow type fence and wrapped right around it. Councilman Potenza-I know, it is going to work as well as it did up in Glen Lake as far as I am concerned... Supervisor Borgos-I would staple it right to the building. Councilman Potenza-Fine, whatever, you know. Supervisor Borgos-No stakes in the ground just rap it right around nail it in the corners and just leave it. Attorney Dusek-Board up the windows? Supervisor Borgos- Y ou would have to board up the doors, there apparently some windows kicked out overnight. Mr. Hatin-This side, this is the toughest ... a fence really is not going to stop somebody from going in. I am sure I can get somebody to tear it down by tomorrow morning. Supervisor Borgos- The wind may do it tonight. What is the pleasure. Councilman Potenza-We cannot get someone to tear it down, and bill the owner? Attorney Dusek-I do not think that you should do that without having a hearing because you could be subject to a law suit. Councilman Montesi-What is the most that we can do? Attorney Dusek-I think you can take emergency action to order, he can board up the premises and cart way the stuff that he considers to be hazardous to people in the area and you can fence it off. Councilman Montesi-Lets do that then. Supervisor Borgos-Would you do a resolution for us please?..We will ask the Attorney to do a quick resolution. Attorney Dusek-Before I do that can I just ask Mr. Hatin some formal questions here so we are in compliance with this? The building that you have reported on 69 Main Street property as it currently exists is it your opinion based upon your own inspection as well as that of your people, your assistant building inspectors is it currently dangerous and unsafe to the public? Mr. Hatin-Yes. Attorney Dusek-And how is it? Mr. Hatin- Y ou have a structure that is open to the public with free egress and ingress into the premises with no stopping you have material on the outside that is a hazard to somebody should they enter the property and so forth. Attorney Dusek-Do you have any concerns relative to children on the property? Mr. Hatin- There is children in the neighborhood in fact the house next door has children. Attorney Dusek-Is it possible that this could be an attractive nuisance to children? Mr. Hatin-Definitely. Attorney Dusek-In order to remedy the attractive nuisance what is you opinion that would have to be immediately done? Mr. Hatin-I would ask that the Board if they want to order some action, board up the premises on the first floor and second floor so no entry could be made in and board up any windows that are broken and secure the front and back doors. Attorney Dusek-And what about picking up the stuff that is in the back? Mr. Hatin-And pick up the material on the outside. Attorney Dusek-I would propose a resolution to read something to the effect that: (Board members agreed to add to resolution an item to turn off utilities, water, gas and electric...) RESOLUTION REGARDING UNSAFE STRUCTURE - 69 MAIN STREET RESOLUTION NO. 334, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Director of Building and Code Enforcement of the Town of Queensbury pursuant to the authority and direction of Chapter 60 Unsafe Buildings in the Code of the Town of Queensbury has investigated certain property located at 69 Main Street and upon information and belief owned by Vincent Crocitto, Jr. and WHEREAS, as a result of that investigation the Director of Building and Code Enforcement has advised the Town Board through oral testimony given this date that he is of the opinion that the building is currently dangerous and unsafe to the general public and that it is open in the doorways and windows and WHEREAS, the Director of Building and Code Enforcement has indicated that certain emergency action is appropriate in light of the fact that the premises could be an attraction to minors and just generally dangerous to someone who may happen upon the premises NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby accepts the findings and investigative report by the Director of Building and Code Enforcement and be it further RESOLVED, that the Town Board of the Town of Queensbury after considering such report determines in his opinion that the building is unsafe and dangerous and hereby orders certain immediate emergency action consisting of the following: 1. That the doors and windows of the building and all other openings shall be boarded up so as to prevent access to the building. 2. That all boards, rubbish and other items existing on the property be cleaned up by either the Building Dept. or arranged to be cleaned up by the Building Dept. and the same be brought to the landfill. 3. That orange snow fence be rapped around the building and fastened to the building. 4. That the Town Board hereby authorizes the posting of the building as closed, by order of the Town Board. 5. That the electrical, gas and water be immediately turned off. and be it further RESOLVED, that a notice shall be issued to the owner of the property Vincent Crocitto Jr. and his Attorney Garfield Raymond which his Attorney will be able to accept service of on behalf of his client if his Attorney so indicates that he is willing to do so and the Notice shall set forth the following: A. A description of the premises as that of being 69 Main Street, bearing Tax Map Number 130-1-25 B. A statement of the particulars in which the building is unsafe being those particulars itemized by Mr. Hatin and also being further itemized in the preambles of this resolution C. That the Building is to be immediately made safe and livable or demolished and removed D. With such removal to occur with such action whether it be made livable or to be removed within 30 days of the service of this notice and it shall be completed within 60 days of the service of the notice unless for good cause such time be extended E. The Town Board shall afford the owner and or his attorney an opportunity to be heard in relation to the dangerous and unsafe building previously described herein which hearing shall be scheduled for June 17th 1991 at 7:00 O'Clock P.M. in the Queensbury Center 531 Bay Road, Queensbury, New York F. That in the event of neglect or refusal to comply with this order to secure and or demolish and remove the building the Town Board is authorized to provide for its demolition to remove and to assess all expenses against the real property upon which it is located including any legal expenses incurred and be it further RESOLVED, that this notice shall be served upon the Attorney or the owner as indicated and in accordance with the Unsafe Buildings Chapter of the Code of the Town of Queensbury, and be it further RESOLVED, that a copy of this notice shall be filed with the Clerk of the County of Warren and the notice shall be put in such form as to allow for such filing, and be it further RESOLVED, that in the event of refusal or neglect of the person to comply with the order of the Town Board and after the hearing the Town Board shall provide for the demolition of the building by either Town Employees or contract and be it further RESOLVED, that the expenses associated with the emergency work as well as any future costs associated with this building shall be assessed to the tax rolls in the County of Warren with respect to this particular parcel in accordance with the Unsafe Buildings Chapter of the Code of the Town of Queensbury. Duly adopted this 10th day of June, 1991 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka Abstain: Mrs. Monahan Discussion held regarding distribution of code books.. .the Board authorized the distribution of 2 more code books to the Building and Codes Dept. and 3 more to the Sheriffs Dept. Discussion held in regard to ducks at Ft. Amherst... new po stings signs ( do not feed ducks) are to be sited at the location... Councilman Monahan requested if possible to have irradiance colors used... Supervisor Borgos-Made the announcement to the public that there is no open burning allowed in the Town of Queensbury Announced that the fireworks resolution passed at the last meeting be amended to name the owner of the fireworks company and change the date to June 30th, 1991. RESOLUTION TO AMEND FIREWORKS AGREEMENT RESOLUTION NO. 335, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury previously authorized an agreement with Torrington Explosives for a fireworks display and WHEREAS, the Town Board of the Town of Queensbury has been advised that the business is desirous of having the contract revised such that it is with Michael Young NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town to enter into a contract with Michael Young for the same fireworks display that was originally contracted with Torrington Explosives with the contract to be in a form to be approved by the Town Attorney and be it further RESOLVED, that the date of the display is changed to June 30th. Duly adopted this 10th day of June, 1991 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka Discussion held in regard to Hovey Pond-Councilman Montesi noted that engineers are needed for Hovey Pond, diversion of stream, need grading done on side walls...suggested Rist Frost be hired... RESOLUTION RETAINING SERVICES OF RIST FROST ASSOCIATES RESOLUTION NO. 336, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby retains the services ofRist Frost Associates to do work at the Hovey Pond Project and be it further RESOLVED, that these services will not exceed an amount of $1,200.00 to be paid from the Hovey Pond Project Account. Duly adopted this 10th day of June, 1991 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka Councilman Montesi-spoke to the Board on the permitting process for the dam with DEe. ...that will be probably the most expensive part of Hovey Pond... Discussion held-requested that the engineer from Rist Frost give a presentation regarding Hovey Pond to the Board on June 17th... Supervisor Borgos-Noted that the Town had been contacted by the Warren County Youth Employment Service...they have people available for summer employment...all salaries, plus insurance is paid for by the County also provide crew leaders.... 14 to 21 years of age... requested approval from the Town Board...used for picking up litter on roads, two or three for recreation to clean park facilities, one or two painting fire hydrants, three or four with building and grounds for yard work... RESOLUTION TO ENTER INTO CONTRACT WITH WARREN COUNTY YOUTH EMPLOYMENT SERVICES RESOLUTION NO. 337, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Stephen Borgos: RESOLVED, that the Town Supervisor is hereby authorized to enter into an agreement with Warren County Youth Employment Services whose representative is Sharon Sano to render such services to generally include outside maintenance activities and to be further agreed upon by the Town Supervisor and that Department and a written contract will be entered into subject to the approval of the Town Supervisor and in a form to be approved by the Town Attorney. Duly adopted this 10th day of June, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka Discussion held: should the public be charged to drop offlawn clippings at the landfill...the Board agreed that a fee will be charged, the same as if dropping off garbage.. . noting that the landfill employees do work the compo sting pile... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 338, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Stephen Borgos: RESOLVED, that the Town Board hereby moves into executive session to discuss personnel, professional services, sale or acquisition of real property, potential litigation and two matters of litigation and two matters of claims/attorney client advice and personnel matter, attorneys office. Duly adopted this 10th day of June, 1991 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 339, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board hereby adjourns its executive session and returns to regular town board seSSIOn. Duly adopted this 10th day of June, 1991 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka Discussion regarding the hiring of personnel for the Recreation Dept. on a per page typing contract...it was agreed to have the Recreation Committee report to the Town Board on next Monday regarding this request.. . RESOLUTION ACKNOWLEDGING DISCLOSURE RESOLUTION NO. 340, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Superintendent of Water and Waste Water for the Town of Queensbury, Thomas K. Flaherty has by way of memorandum dated June 6, 1991 indicated that his Department has traditionally hired College Students with environmental backgrounds to work in his laboratory for the summer months and WHEREAS, Thomas K. Flaherty has indicated that he had interviewed several candidates and has selected the person they feel most qualified that will do the best job, and WHEREAS, the person selected is Patricia Potenza and WHEREAS, she is available to start work at any time and because she is related to one of the Board Members that being Marilyn Potenza a resolution of disclosure must be adopted by the Town Board acknowledging and authorizing the retaining her daughter Patricia before commencement of work NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges the disclosure and hereby states that it has no objection to the same and hereby authorizes the hiring of Patricia Potenza. Duly adopted this 10th day of June, 1991, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka Abstain: Mrs. Potenza RESOLUTION ACKNOWLEDGING DISCLOSURE RESOLUTION NO. 341, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Harold Hansen, Director has written the Town Board of the Town of Queensbury and disclosed that the department is considering the hiring of Brad Hansen in a relationship to him as son for part time sununer employment with the department and NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby acknowledges the disclosure statement and hereby further indicates that it has no objection to the retaining of Brad Hansen and in fact authorizes the retaining of said Brad Hansen provided that the age of Brad Hansen is reviewed in connection with insurance requirements that may be applicable in the Town of Queensbury as well as other laws and regulations to be sure he is qualified to do the work under the law requested. Duly adopted this 10th day of June, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION OF PROMOTION RESOLUTION NO. 342, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board by previous resolution authorized the hiring of Maria Giannetti, typist in the Town Attornies office and WHEREAS, the Town Attorney has reviewed with the Town Board the work being performed by Maria Giannetti and WHEREAS, the Town Board hereby determines that it would be appropriate to classify the work being done by Maria Giannetti as Secreterial NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby designates or promotes Maria Giannetti to Secretary such promotion to be effective as of June lOth, 1991 with the job classification to receive the same salary as currently listed for Senior Typist and to be paid for from the salary line currently listed in the Town Attornies budget for typist. Duly adopted this 10th day of June, 1991 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka DISCUSSION HELD ON LANDFILL SITING CRITERIA Supervisor Borgos-Solid Waste Committee requested Fred Austin to prepared a list of siting criteria which the municipalities could review prior to the county adoption of this. June 17th is the deadline for responses...this is our chance for input we will not have the final say the County Committee will have the final say as to what is considered... Councilman Monahan-I see this as being weighted toward money, economic factors and not being weighted toward people and environment...I think the first thing you have to weight is your people and you environments and I do not think this has done that... what will go into this landfill? Supervisor Borgos-Primary objective to find one piece of property approximately 400+ acres where they could have everything...ash cell, non burnable, C&D cells, stump dump...noted that there is a contractual obligation for Warren Co. to take back from the burn plant its proportionate amount of ash... Councilman Monahan-If the burn plant does not have enough to burn what is Warren County's responsibility? Supervisor Borgos- The best I can come up with is there is a put or pay obligation that the two counties together either put in enough trash to operate profitability or they pay higher tipping fees.. . noted that Warren County does not have any obligation to make up deficiencies...everything that can be burned goes there... Councilman Monahan-We are not committed to send an amount of tons? Supervisor Borgos-It is the opinion of the Attorneys that have spoken to us that Washington Co. has that type of obligation but we do not... Councilman Monahan-Questioned what will happen to the rest of the ash and who will monitor what is going into the burn plant... Councilman Montesi-Questioned if the Adirondack Park was excluded as a site? Supervisor Borgos-No. Requested that Board Members write down their comments regarding the proposal and submit them to me to be forwarded to the committee... Councilman Monahan-I have a problem that there is no zero category, some are so important that they ought to go down to a zero so you cannot play games with them...least suitable real dangerous it ought to have a zero....reviewed scoring criteria... noted earth quakes in the area the criteria should be updated...air quality needs to be tougher... Supervisor Borgos-Invited Mrs. Monahan to a solid waste committee meeting at the County level that discusses this... Councilman Monahan-Agreed to attend. Supervisor Borgos-Also requested that Councilman Monahan meet with Fred Austin to go over the proposal... Councilman Monahan-Agreed. Discussion held in regard to zoning changes... Supervisor Borgos requested that if there are any changes to be made please get them to Attorney Dusek early...would like to set a public hearing on Monday night. On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury