Loading...
1991-04-18 SPECIAL TOWN BOARD MEETING APRIL 18,1991 4:01 P.M. TOWN BOARD MEMBERS Supervisor Stephen Borgos Councilman George Kurosaka Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan TOWN ATTORNEY PAUL DUSEK SUPERVISOR BORGOS-Opened the meeting RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 237, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 18th day of April, 1991 by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi SUPERVISOR BORGOS-Asked Mr. David Hatin to speak to the Board... MR. DAVID HATIN-Ifthe Board will recall Monday night we had a discussion on property located on Ohio Avenue owned by Edward and Jeanne Lyon, at that time the Board gave to authority to spend up to $200.00 to fix the problem or see if the residents could correct the problem temporarily until the meeting was held today at 4:00 P.M. Since that time we encourage the owners that live there to cover the hole temporarily, again it is a temporary fix we still have an open pit under a plywood cover, covered by dirt and basically it is an illegal system the way it is installed right now. Therefore, it would be up to this Board on what action you want to take from here. ATTORNEY DUSEK-Dave what is the name of the property owners? MR. HATIN-Edward and Jeanne Lyon. ATTORNEY DUSEK-The address of the property is what? MR. HATIN-I have RD4 Ohio Avenue Box 206B ATTORNEY DUSEK-Town of Queensbury, right MR. HATIN-Right. ATTORNEY DUSEK-You have investigated the situation involving the hole on the property, is that the idea? MR. HA TIN -Correct. ATTORNEY DUSEK-Do you have pictures to present to the Board today? MR. HATIN-Yes. The same ones that were presented at the previous meeting. ATTORNEY DUSEK-Could you be a little bit more explicit about, other than finding this hole with water in it, exactly what are your concerns? MR. HATIN-My concern right now is that you have a pit that was dug by hand basically to take care of the effluent because the pipe is broken, or collapsed or plugged that went to the existing leach field. This is not a legal installation, basically you have raw effluent, sewage water running into an open sand pit from the sewer tank. ATTORNEY DUSEK-How do you know that is effluent or sewage water? MR. HATIN-Because we could see the tank, and we could see it running right from the tank into the hole. ATTORNEY DUSEK-What tank is that? MR. HATIN-It is a steel tank in the rear of the property, the rear of the house it is a septic tank. ATTORNEY DUSEK-How could water run from the tank. MR. HATIN-It is just an open hole out of the end of the tank. ATTORNEY DUSEK-Are you saying the pipe from the house runs to the tank and the tank pipe runs into this pit? MR. HATIN-Right, well there isn't any pipe there right now, it looks like it is just an open end from the tank. ATTORNEY DUSEK-And it fills into this hole, that is what your observations show? MR. HATIN-OK. ATTORNEY DUSEK-How is it that this is, just describe so we have something on the record, how is this unsafe at this time? MR. HATIN-Apparently you have an open exposed pit that has been temporarily covered with a plywood cover they put a piece of metal over the hole for the septic tank. The septic tank is rotted out it is obvious from the top cover is gone, the orangeburg pipe that came out of it did get plugged and broken so therefore they have no way for this to leach properly into the ground it is just leaching into an open pit dug by sand. ATTORNEY DUSEK-Is the property easily accessible from off the property such as from the ... MR. HA TIN-There is a fence around the property but you can walk through the driveway and into the property. ATTORNEY DUSEK-Did you notice whether there are children in the area? MR. HATIN-There are children in that area, not specifically adjacent to the house I do not know. ATTORNEY DUSEK-And did you smell anything such as an odor or anything coming from... MR. HATIN-The odor was prevalent when the septic system was open now that they have covered it, that smell has dissipated. ATTORNEY DUSEK-And the type of cover that is on it at this time can somebody still gain access to the hole? MR. HATIN-Ifyou were to take a shovel and dig it up yes,you could... ATTORNEY DUSEK-The last time that this board met it adopted a resolution and gave you certain instructions with regard to delivering a copy of the resolution to the homeowners, have you done that? MR. HATIN-It was actually delivered to the daughter of the owner who we were told was the owner at the time we have since been contacted by the owner and she picked up a copy of that yesterday. ATTORNEY DUSEK-I do not have any further questions. SUPERVISOR BORGOS-I will ask you again, you got involved in this case because we received a complaint? MR. HA TIN -Correct. SUPERVISOR BORGOS- Telephone or written? MR. HATIN-Telephone anonymous complaint. SUPERVISOR BORGOS-Are you Mrs. Lyon? Full name, address just for the record. MRS. JEANNE LYON-My address now is RD2 Box 2306 Salem. SUPERVISOR BORGOS-RD2 Box 2306, Salem. Thank you. MRS. L YON-I have a question, Mr. Hatin said that there was a plywood cover on it and then he said ... MR. HA TIN-There is a plywood cover over the sand pit that was hand dug there is a steel cover over the tank itself. SUPERVISOR BORGOS-Would you or anyone else and I do not know who all these people are like to say anything? MRS. LYON-Actually I did not know about this myself until my daughter talked to me the other night. I was not aware of what was going on. SUPERVISOR BORGOS-You do own the property. MRS. LYON-Yes. However, the property is being transferred to my daughter within the month. SUPERVISOR BORGOS-Would you be willing to fix this property within the next day or two? MRS. CRAMER-I do not have the ..to fix this problem in the next day or two, the boys that are living in that house is my son and a few of his friends they are all aware that they will have to move out. As soon as they can find other places to live they will be moving out of the property. The property is going to be sold with the knowledge of the purchaser that the septic system has to be replaced and that is the major priority. We know that there is a problem we are trying to take care of it we just do not have the money to go out and put a 15,16 hundred dollar septic system into ...at this time. SUPERVISOR BORGOS-How many more days do you think it will be before the people could be out of there without a lot of discomfort? MRS. CRAMER-The boys are all looking now, I do not know how long it is going to take. SUPERVISOR BORGOS-Ifwe gave them two or three days would that be enough would you think? MRS. CRAMER-You are looking at 19 year old boys who are making four or five dollars an hour, you yourself know the rental properties around here. None of these boys can afford to go out and pay four or five hundred dollars to rent an apartment. They have to find something with a friend or where they can share expenses with someone. They all are looking and will be out as soon as they can. But I can not give a definite date. SUPERVISOR BORGOS-Comments from the rest of the Board, Dave? Dave is charged with following the rules and making sure people are safe and we have a concern, we are pleased that there is at least a cover over the hole. MRS. CRAMER-The hole has been covered over with dirt also. MR. HA TIN-The plywood cover is just covering the top of the hole it is still open underneath, because I jumped on it today and it does go up and down... MRS. CRAMER-But it is covered with dirt. MR. HATIN-Over the top of the plywood, yes. MRS. CRAMER-There are no children on that property, it is completely fenced in the youngest person that lives there is 19 as I said to the best of my knowledge there are no small children that even go in that property. COUNCILMAN MONAHAN-You cannot guarantee that, even though it is completely fenced. MRS. CRAMER-When there are dogs on the property you are not going to find parents letting their children go play in that yard not when there are dogs in the yard that they do not know or have access to. SUPERVISOR BORGOS-When is the property scheduled to be sold? MRS.L YON-Within the month. MRS. CRAMER-Within the month. COUNCILMAN POTENZA-Do you have a buyer for the property..? MRS. CRAMER-Yes, we have. SUPERVISOR BORGOS-What would be a reasonable time to have the boys out, a week, two weeks, to be reasonable. MRS. CRAMER-I can try to get them out in two weeks but that is the best.. SUPERVISOR BORGOS-I want to come up with a date that is acceptable to everyone, to see if the Board would agree to that we would set that date and that would be it, something that would be comfortable for you. If you are going to be selling within four weeks, as long as the hole is covered. MRS. CRAMER-They do not want to move into the house right a way, they know that there is a problem that has to be taken care of I am just trying to give the boys enough time to find places to live, I cannot put them out on the street. One of them is my son, you know these are boys that he has gone to school with. COUNCILMAN POTENZA-How many boys are there? MRS. CRAMER-There are four boys. COUNCILMAN POTENZA-And the youngest is 19 years old? MRS. CRAMER-They are all 19. MRS. POTENZA-Perhaps, social services could help them out? Temporary housing. MRS. CRAMER-How? MRS. POTENZA-It would be my recommendation that they call Warren County and tell them they are being evicted because of a health problem and perhaps that department could find temporary housing for them until the end of the month. MRS. CRAMER-I cannot make them do it, but I can suggest it to them. COUNCILMAN POTENZA-My concern, although the yard iffenced in you certain, you never know what the neighbors children are doing. You never know what entices a child to go into what could be a very dangerous situation, rather than react, we really a the Board of Health have to act. I empathize with you and I empathize with the boys I know it is difficult and I know the rental situation in this area is high, however it would be awful if something happened there because we give ....oftime. I wish I had an answer for you but I think you have got to motivate the boys to leave. Perhaps you could move the purchase of the property up. MRS. CRAMER-They do not have the money to start the proceedings right now, that is why we set a months date. COUNCILMAN POTENZA-Is it possible that perhaps the new buyers would fix, they are going to have to have a new septic system when they go in there. MRS. L YON-..J do not imagine, would that be legal? COUNCILMAN POTENZA-That would, depending on who you are financing it, they could advance you the money to fix the septic system and then you deduct it from the price of the house, I do not know, I am just concerned about not having something done and I really feel that as a Board of Health we are held to make some hard decisions. COUNCILMAN MONAHAN-You also have the problem with the septic system that is not working and you got the health problem from that way too..J will tell you what we normally do with a thing like this we close the place down and tell the people they have to leave. MRS. CRAMER-And kick them out on the street? COUNCILMAN MONAHAN-That is right....we had another one like that and closed them down in what, Dave, 24 hours I guess? MR. HATIN-It was done in 24 hours or less. MRS. CRAMER-Can I give the boys three weeks to get out of the house. COUNCILMAN MONAHAN-No COUNCILMAN POTENZA-No SUPERVISOR BORGOS-I think that is probably too long. MRS. CRAMER-How much time can I give them? SUPERVISOR BORGOS-What is the consensus of the Board, what do you think? The hole is covered now, that was of immediate concern. COUNCILMAN KUROSAKA -It could hold a man, because Dave jumped on it. COUNCILMAN MONAHAN-You still will get the point of the open septic system going into that. MRS. CRAMER-It is not open. COUNCILMAN MONAHAN-It is opened as far as health standards and rules it is physically closed by a board but if we could all put a septic system in like that we all would be, you have not got a safe system as far as keeping germs down. SUPERVISOR BORGOS-Ifyou walked through the yard you would not look down and see a hole anywhere. It is all filled in. MR. HA TIN -You would see a mound of dirt, where they dug up. MRS. CRAMER-It is covered with dirt, he said he noticed the give in the ground when he jumped on it, 175 Ibs. I am sorry most children in that area are smaller and they are going to be supervised by their parents. MR. HA TIN-The only thing that I can say is that I know the hole is not completely filled in because of the amount of dirt that is left after they covered the plywood there is still an amount of dirt there. If that hole had been filled in there would not have been any dirt left to create a mound. So, I know it has not been filled in, I know the plywood cover was put over before we took the Board of Health action last time, they just covered the dirt over the plywood cover, I know that. I am sure I can go out there with a shovel and verify that if you want me to. MRS. CRAMER-I have not been to the house, I am telling what my son has told me, you told the boys that there had to be at least 6" of dirt covering those boards. MR. HA TIN-They have done that. MRS. CRAMER-And that is what they have done. MR. HATIN-I am not saying that they have not done what they were asked to do, I am just saying that is what is there, I am not saying they filled in the hole, they did not fill in the hole in I want people to understand that. MRS. CRAMER-If that is what it needs to give these boys some more time to find places to live I will go myself and cover it up with two feet of dirt. I do not care, I just do not want to kick these kids out onto the street. SUPERVISOR BORGOS-What is your opinion. MR. HATIN-Obviously you have a system, is not legal by code, it is functioning the way the system would because you have peculation in that particular area the problem is you have basically an open pit with plywood cover which is not legal by any standard of anybody. SUPERVISOR BORGOS-But it is working, and there is no current immediate ... MR. HATIN-I guess you could say no immediate if this hole does over fill we are going see it, it is going to come out on the ground, because it will come up through, underneath the plywood cover.. ATTORNEY DUSEK- What is happening right now the sewer is running from the house... MR. HATIN-Ifyou look at the picture. COUNCILMAN POTENZA-This is a leach field... ATTORNEY DUSEK-So, it is going into a tank first though... MR. HATIN-It is going into a tank, the solids are going into the tank, the liquids are running out of the tank into this, I do not know what the condition of that tank is, the top rotted off so I would have to assume it is not that much better. It is an older system, probably the original system. COUNCILMAN KUROSAKA-I do not think two weeks is unreasonable. SUPERVISOR BORGOS-Anyone else for two weeks? COUNCILMAN POTENZA-I will go for two weeks. COUNCILMAN MONAHAN-I would not want to go over... SUPERVISOR BORGOS- Two weeks from today? COUNCILMAN POTENZA-Two weeks from tomorrow would be Friday. SUPERVISOR BORGOS- That is kind of a little bit more than a compromise. MRS. CRAMER-We appreciate it.... SUPERVISOR BORGOS-Asked the Attorney to draft a resolution. ATTORNEY DUSEK-My recommendation to the Board would be that the way the Health Law is designed is that you are allowed to abate the situation which means, that I think your resolution should read in terms of that within two weeks they will stop using that septic system unless it is repaired, they should have an opportunity to repair it, if they can do that within the two weeks to the satisfaction of the Director of Building and Codes. COUNCILMAN MONAHAN-I think too Paul we have to make it evident that nobody else is going to occupy that house until there is a proper septic system in there. ATTORNEY DUSEK-Once they do leave nobody else would come in there. SUPERVISOR BORGOS-We have the word of the owners of the property that the people will be out two weeks from today. MRS. CRAMER-Either that or the system will be taken care of. SUPERVISOR BORGOS-Mrs. Potenza had an interesting idea if people are going to buy maybe they will come up with it. MRS. CRAMER-I will talk with them I am meeting with them this weekend anyway. RESOLUTION REGARDING UNSAFE CONDITIONS ON PROPERTY ON OHIO AVENUE RESOLUTION NO. 22, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Director of Building and Codes Enforcement of the Town of Queensbury has brought to the attention of the Queensbury Tow Board acting as the Local Board of Health a certain situation existing upon the property owned by Edward and Jeanne Lyon located at RD#4 Ohio Avenue in the Town of Queensbury, that situation being more specifically that of originally consisting of an open pit or hole into which the Director has testified he observed effluent or sewage water seeping into and WHEREAS, the Local Board of Health preliminarily considered the matter on Monday, April, 15, 1991, and resolved that some immediate cover should be placed over the hole and the situation initially addressed and also resolve that the owners of the property be notified and requested to attend a hearing before the Local Board of Health and be it further resolved, that on this date, the Local Board of Health reconvened and took testimony from Mr. David Hatin, Director of Building and Code Enforcement concerning the aforesaid property and also took testimony and listened to Mrs. Cramer speaking on behalf of the owner of the property Mrs. Lyon with Mrs. Lyon being present and acknowledging that Mrs. Cramer was speaking on her behalf and WHEREAS, the aforesaid property is further identified as having Tax Map Number 127-5-3 NOW, THEREFORE BE IT RESOLVED, the Local Board of Health has examined into the complaints made concerning the aforesaid property and finds that the condition existing thereon is a danger and a threat to the safety and well-being of the occupants of the premises as well as any other persons that may occasion themselves upon the property and be it further, RESOLVED, that after taking into consideration the fact that the hole or pit has been capped and covered with dirt and after taking into consideration that the property is about to be sold, hereby determines and orders as follows: 1. that the owners and or occupants of the property are to cease using the septic system on the premises no later than two weeks from April 19, 1991 2. that in order to cease using the septic system on the property if it is necessary the occupants of the property should leave and the building should be closed 3. once the occupants have left, which is the understanding reached with Mrs. Cramer no other person should occupy such premises until such time as the septic system is placed into proper functioning condition in accordance with the rules and ordinances of the Town of Queensbury and until such time as inspection has been made by the Director of Building and Code Enforcement and be it further RESOLVED, that this is the order of the Local Board of Health concerning the suppression and removal of the nuisance and condition previously outlined in this resolution. Duly adopted this 18th day of April, 1991 by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 23, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos: RESOLVED, that the Town Board of Health hereby adjourns and the Town of Queensbury Regular Session hereby convenes. Duly adopted this 18th day of April, 1991 by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi RESOLUTION AUTHORIZING FURTHER TESTS OF CLAY AT HOVEY POND TO BE USED IN CONNECTION WITH LANDFILL CLOSURE RESOLUTION NO. 238, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Stephen Borgos: WHEREAS, the Town Board of the Town of Queensbury is desirous of conducting tests to further determine the suitability of certain clay and other soil materials located at Hovey Pond for purposes of landfill closure, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that Laverne Fagel, Consultant to the Town on Landfill Matters, arrange for the testing of clay and soils at Hovey Pond, as well as the amount of material that has been stockpiled at the landfill, for purposes of ascertaining the suitability of the same for landfill closure purposes, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes an expenditure not to exceed the total amount of $2,000.00 for such testing, and BE IT FURTHER RESOLVED, that the cost incurred hereby will be paid for from Account #92 8160 4400. Duly adopted this 18th day of April, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND NIAGARA MOHAWK POWER CORPORATION REGARDING FLOOD PROOFING OF INTAKE STRUCTURES RESOLUTION NO. 239, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, an agreement with Niagara Mohawk Power Corporation has been prepared, and WHEREAS, the aforesaid agreement has been reviewed and approved, in form, by the Town Attorney, and is presented to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the aforesaid agreement and hereby authorizes and directs the Town Supervisor to Execute said agreement. Duly adopted this 18th day of April, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi ATTORNEY DUSEK-Presented the Town Board with copies of the proposed recycling locallaw...and a certificate of necessity because the final form of the local would not have been before you for the full seven days required by municipal home rule law so I have asked Steve to sign this certificate of necessity which he has.. . Monday evening you will be able to act upon it. DISCUSSION REGARDING PROPOSED RECYCLING LAW... Councilman Monahan- asked when the City will be ready... Supervisor Borgos-they have a meeting scheduled May 7th he is trying to move that up... Councilman Monahan-recommended that May 20th be set for the implementation date... WORKSHOP SESSION Discussion held in regard to Zoning Amendments-(tape on file) (Councilman Montesi entered the meeting) Mr. Goralski and Mrs. Crawford present at discussion... DISCUSSIONS Attorney Dusekre: Rollo Rezoning-what is the time table...Board noted that on May 6th the Board will discuss the proposed rezoning.. J have gotten a set of specifications regarding Tandem dump trucks for the Highway dept. for bid...questioned how this will be funded...BAN...Supervisor Borgos noted that there is some research being done on the sales tax figures...noted that a major financing for Aviation Mall was completed and from the mortgage tax, our share is $125,000. Mr. Naylor-asked if the revenue from the rental of trucks at Hovey Pond could be used toward the purchase... Supervisor Borgos-yes hopefully there will be enough money to pay for them in full...the Board agreed that the funding for the trucks will be through BAN if we do not have another way to do it. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 240, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into executive session to discuss collective bargaining and personnel. Duly adopted this 18th day of April, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury