1989-10-13 SP 0(l -
SPECIAL TOWN BOARD
OCTOBER 13, 1989
9:17 A.M.
BOARD MEMBERS PRESENT
DANIEL OLSON-DEPUTY SUPERVISOR.
GEORGE K UROSAKA-COUNCILMA N
MARIL YN POTENZA-COUNCILMAN
BETTY MONAHAN-COUNCILMAN
BOARD MEMBERS ABSENT
STEPHEN BORGOS-SUPER VISOR
RONALD MONTESI-COUNCILMAN
TOWN ATTORNEY
PA UL D USEK
„ f
TOWN OFFICIALS
Rick Missito, Bert Martin, Kathleen Kathe
PRESS: G.F. Post Star
BID OPENING - HIGHWA Y DEPT. - CRONIN ROAD BRIDGE
DKC General Engineering Contractor Bid Bond 5%
#2 Aviation Road, P.O. Box 4860 Non-Collusive attached $145,906.00
Queensbury, New York
DISC USSION
ATTORNEY DUSEK-The Highway Department has attempted to arrange for the installation
of a culvert bridge on Cronin Road, the first phase being the purchase of the bridge and the
second phase was for the arrangement of a contract for the bridge installation. The bid opening
for the bridge installation only was Tuesday in which one bid was received for the amount
of $145,906.00. The Highway Department and Rist Frost have reviewed the bids, are present
and would like to make their recommendations to the Town Board.
TOM NA CE, Rist Frost Representative-The one bid received was extremely high, beyond
the scope to be responsive to the bid. The engineer's estimate at this point has not been broken
out into the discreet portions of the job as they were put out to bid. However the total project
estimate was in the range of the one bid you've received. That total project estimate included
purchase of the precast concrete structure, repaving and realignment of a significant portion
of Cronin Road. Our recommendation would be to reject the bid and either readvertise or
figure out another way. Suggest that Rist Frost and the Highway Department confer and
figure out what the best approach, either to rebid or put it off possibly until next spring.
RICK MISSITA, Deputy Highway Superintendent-Paul's recommendation is to reject the bid
based on the some that Tom has stated. We feel that at this time it may be too late to rebid
therefore the bridge would be closed for the winter. We feel in the spring we could possibly
rebid or look into doing it ourselves.
COUNCILMAN POTENZA-How many families on that road?
MR. MISSITA-From the golf course down, you've got one house on one side of the bridge and
on the other side of the bridge you have two houses and they have to get in through Meadowbrook.
A total of the golf course, the Elks Club the white house way down, the other house on the
other side, and the two houses above.
MR. OLSON-1 understand you're saying, that based on the engineer's recommendation, that
Paul is also recommending the rejection of the bid and that you plan to meet with the engineer
i
to come up with an alternate plan.
MR. MISSITA-Right.
MR. OLSON-You are also telling the Board that the road will be maintained so that it will
remain in service for the residents of that road?
MR. MISSITA-Yes, everything will be maintained up to a point so the residents can still access
their homes but there will be no through traffic.
COUNCILMAN MONA HA N-Rick, have the Emergency Vehicles been officially notified that
the road has been closed?
MR. MISSITA-Yes.
ATTORNEY DUSEK-Just for the record, Rick referred to Paul's recommendation, that is
Paul Naylor's recommendation to reject the bid.
RESOLUTION TO REJECT BID
RESOLUTION NO. 580, Introduced by Marilyn Potenza who moved for its adoption, seconded
by George Kurosaka.
WHEREAS, the Town Board of the Town of Queensbury and the Highway Superintendent for
the Town of Queensbury solicited bids for the erection and installation of a culvert bridge
to be situated on Cronin Road in the Town of Queensbury, and
WHEREAS, the bids were opened on Tuesday, October 10, 1989, and
WHEREAS, the Town Board of the Town of Queensbury has requested and received the opinions
of Tom Nace of Rist Frost Associates, engineer for the bridge project and Rick Missita, Deputy
Town Highway Superintendent relative to whether or not to accept the only bid placed in
the amount of $145,906.00,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby rejects the bid offered
and further directs that the Town Highway Superintendent and Rist Frost work together to
study the project and discuss the assignment in the future with the Board as to what recommendations
will be made for the installation of the culvert bridge, and
BE IT FURTHER
RESOLVED, that the reason for the rejection of the bid is that the same as come in higher
than the projected cost for the project as assessed by the engineers for the Town, Rist Frost
Associates, P.C.
Duly adopted this 13th day of October, 1989, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan --
Noes: None
Absent: Mr. Montesi, Mr. Borgos
RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY OWNED BY MARViN
RICKETTS IS UNSAFE - TAX MAP NO. 83-2-5
RESOLUTION NO. 581, Introduced by Marilyn Potenza who moved for its adoption, seconded
by Betty Monahan.
WHEREAS, Mr. Bertram Martin, Code Enforcement Officer for the Town of Queensbury,
has advised that he has investigated and inspected certain property identified as the Ricketts
property, Town of Queensbury, and bearing tax map no. 83-2-5 and has made findings as more
specifically set forth in a memorandum dated October 12, 1989, the original of which is presented
to this meeting, and
WHEREAS, Mr. Martin advises the Town Board of the Town of Queensbury that the property
and structures situated thereon are dangerous and unsafe to the general public and has asked
the Town Board of the Town of Queensbury to provide for the demolition and removal of
said structures and general clean-up of the property, and
WHEREAS, pursuant to Local Law Number 3, 1983 the Town Board may, by resolution, determine
whether, in its opinion, that the structures are unsafe and dangerous and thereafter order
their repair or demolition and removal, and
WHEREAS, said Local Law Number 3, 1983 provides that notice be served upon the owner
or other certain persons interested in said property,
NOW, THEREFORE BE IT
RESOLVED, that upon reviewing al/ of the evidence presented at this time, the Town Board
of the Town of Queensbury is of the opinion that the property bearing tax map number 83-2-5
is:
1. presently unsafe and dangerous,
2. potentially an object of attraction and danger to minors,
3. and unfit for the purposes for which it may be lawfully used, and
BE IT FURTHER
RESOLVED, that a notice be served upon the owner(s) of said property, said notice providing:
1. a description of the premises,
2. a statement of particulars in which said property and structures thereon are unsafe
and dangerous, as set forth in Mr. Martin's letter,
3. that the structures and other property should be demolished and removed within
60 days of receipt of this notice, unless good cause is shown by the property owner
or other interested persons whereupon the time shall be extended by the Town
Board of the Town of Queensbury,
4. that demolition and removal of said structures and other property must be commenced
in 30 days of receipt of this notice, unless good cause is shown by the property
owner whereupon the time shall be extended by the Town Board of the Town of
Queensbury,
5. that a public hearing before the Town Board of the Town of Queensbury, in relation
to the dangerous or unsafe condition of the building and property shall be held
on November 6, 1989, or not less than 5 days from the date of service of this said
notice, whichever date is later,
6. in the event that there is neglect or refusal to comply with the order of this Board
to demolish and remove the structures and other property located on said property,
the Town Board is authorized to provide for its demolition and removal and to
assess all expenses thereof against the real property on which it is located, and
to institute special proceedings to collect the cost of demolition, including legal
expenses, and
BE IT FURTHER
RESOLVED, that service of the notice provided for herein shall be in accordance with the
provisions of Local Law No. 3 of 1983.
Duly adopted this 13th day of October, 1989, by the following vote:
Ayes: Mr. Kurosako, Mrs. Potenza, Mrs. Monahan
Noes: None
Absent: Mr. Montesi, Mr. Borgos
DISCUSSION BEFORE VOTE:
BERT MARTIN, Code Enforcement Officer-Noted that this was an abandoned dwelling situated
on Aviation Road about 500 feet before West Mt. Road on the left side. This has been brought
to our attention several times but recently received notice from the Sheriffs Department
two days ago by a Deputy Edwards, who complains that the kids in the neighborhood are having
pot parties in the building. Noted that the walls and the floors are collapsing in the house.
(presented pictures to the Town Board) The problem has been that the estate of Mr. Rickett's
has been in probate for some time because he left no will. I have two documents signed,
one allowing us to board up the place and the other to post it. I have spoken with Mr. Broult
and he is willing to have his crew go and do the boarding of the place.
COUNCILMAN MONA HA N-Suggested that the doors be taken off the refrigerator also.
ATTORNEY DUSEK-Since there are emergency measures that are desired by the Board I
think we should have another resolution indicating that there are emergency measures and
authorizing Town enforces to do the work.
RESOLUTION TO TAKE EMERGENCY MEASURES
RESOLUTION NO. 582, Introduced by Marilyn Potenza who moved for its adoption, seconded
by Betty Monahan.
RESOL VED, that the Town Board of the Town of Queensbury hereby determines that an emergency
situation does exist with regard to the property and that for the benefit, the safety and welfare
of the residents of the Town as well as to make the property safe the Town Board finds that
it is necessary to take immediate action in the nature of boarding up the building and making
sure that if there are any refrigerators in the building that the doors are removed from the
same and otherwise securing the building, and
BE IT FURTHER
RESOLVED, that the appropriate Town department will be requested by Mr. Martin to take
action to so board up the building and secure it.
Duly adopted this 13th day of October, 1989, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan
Noes: None
Absent: Mr. Montesi, Mr. Borgos
TOWN OF QUEENSBUR Y PLANNED UNIT DEVELOPMENT EXTENSION QUAKER RIDGE
RESOLUTION NO. 583, Introduced by Marilyn Potenza who moved for its adoption, seconded
by Betty Monahan.
WHEREAS, Earltown, as Project Developer of Quaker Ridge, submitted a Planned Unit Development
application dated March 6, 1987 to the Town of Queensbury, and
WHEREAS, the Town Board of the Town of Queensbury established the said Town Board as
lead agency for the Planned Unit Development Quaker Ridge Project, conducted an environmental
review pursuant to SEQRA and subsequently adopted legislation approving and authorizing
a Planned Unit Development for the Quaker Ridge Project on or about October 17, 1988,
and
WHEREAS, in November 1988, subsequent to the approval of the Planned Unit Development,
a CPLR Article 78 Proceeding was commenced against the Town of Queensbury and Earltown,
and
WHEREAS, it would appear that the litigation has restrained Earltown from commencing
development of the Planned Unit Development in accordance with the requirements found
in Article 15 of the Town of Queensbury's Zoning Ordinance, and
WHEREAS, Earltown Corporation.has requested an extension of time in which to start development
of the Planned Unit Development and the Town Board may, pursuant to the Zoning Ordinance
of the Town of Queensbury, Article 15, Planned Unit Development, grant an extension of
the date to commence development,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby grants an extension of
11 months from the date of the adoption of this resolution to Earltown, Developer of Quaker
Ridge, to commence construction of the Quaker Ridge Planned Unit Development.
Duly adopted this 13th day of October, 1989, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan
Noes: None
Absent: Mr. Montesi, Mr. Borgos
Discussion held regarding Memorandum Of Understanding with New York State Department
of Environmental Conservation and the Town of Queensbury for the New York State Police
Office. Attorney will prepare and present final copy to the Town Board at next meeting,
Monday the 16th.
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 584, Introduced by Marilyn Potenza who moved for its adoption, seconded
by George Kurosaka.
RESOLVED, that the Town Board of the Town of Queensbury hereby enter into Executive
Session to discuss personnel.
Duly adopted this 13th day of October, 1989, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan
Noes: None
Absent: Mr. Montesi, Mr. Borgos
RESOL UTION TO ENTER REGULAR SESSION
RESOLUTION NO. 585, Introduced by Marilyn Potenza who moved for its adoption, seconded
by Betty Monahan.
RESOL VED, that the Town Board of the Town of Queensbury hereby adjourn from Executive
Session and enter into Regular Session of the Town Board.
Duly adopted this 13th day of October, 1989, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan
Noes: None
Absent: Mr. Montesi, Mr. Borgos
On motion, the meeting was adjourned.
RESPECTFULL Y SUBMITTED,
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY