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1990-08-20 REGULAR TOWN BOARD MEETING AUGUST 20th, 1990 7:30 P.M. MEMBERS PRESENT Supervisor Stephen Borgos Councilman George Kurosaka Councilman Marilyn Potenza Councilman Ronald Morttesi Councilman Betty Monahan TOWN ATTORNEY Paul Dusek TOWN OFFICIALS Kathleen Kathe, Dave Hatin, Paul Naylor, Kip Grant PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STEPHEN BORGOS PUBLIC HEARING AMENDMENT TO CERTIFICATE OF INCORPORATION QUEENSBURY CENTRAL FIRE COMPANY OPENED 7:35 P.M. SUPERVISOR BORGOS-I'll ask the Clerk if we have properly published the information related to the first public hearing dealing with the Amendment to the Certificate of Incorporation for Queensbury Central Fire Company? TOWN CLERK-Yes, it has been. SUPERVISOR BORGOS-This is for your information something that we had to do once before I believe, perhaps twice before required by the Internal Revenue Service Code that we conduct a public hearing to deal with minor changes in the Fire Company Certificate of Incorporation. Is there anyone here who wishes to speak for or against or ask questions about this topic? Will you state your name and address please and your affiliation? -- PAUL PONTIFF, CLEVERDALE-I represent Queensbury Central Volunteer Fire Company. I will just give you a short synopsis since we were here a year ago. The language that we used in- the Certificate of Incorporation Amendment that was required to qualify the corporation as a tax exempt organization was at that time represented to us by Internal Revenue to be as we presented then and subsequently later represented to us to be somewhat different. Not much change, what we've done is amended Article 9 of the Certificate to eliminate a reference to a subsection of the section of the Internal Revenue Code which relates to tax exempt organizations. The section that we eliminated is known as Section 501 C-2 which deals with real estate holding companies and eliminated that to Section 501 C-3 which is a tax exempt organization. We added Article 11 to the Certificate of Incorporation which I'll read in total which is very short and which Internal Revenue would like to have to clearly identify that the purposes of the corporation are exclusively for tax exempt matters as defined in the Internal Revenue Code. Article ll provides not withstanding any other provisions of these articles the corporation is organized exclusively for one or more of the purposes as specified in Section 501 C-3 of the Internal Revenue Code of 1954 and shall not carry on any activities not permitted to be carried on by a corporation exempt from Federal Income Tax under Section 501 C-3 for a corresponding provisions of any subsequent federal tax laws. The language that we had in the Certificate that we presented last year as approved by the Board was similar to that except that it was a little more detailed and they wanted the reference specifically to Section 501 C-3 rather than the language as we previously presented which specifically said that the corporation could not engage in political activities and other prohibited activities under the code. So our language was a little more detailed, but they wanted a specific reference to Section 501 C-3, so that amendment has been made as a result of a resolution adopted by the Fire Company a Certificate signed by the President and Secretary and a waiver by the Attorney General which is attached to the Certificate and now requires the approval of the Town Board before we can go to a Justice of the Supreme Court for his signature. SUPERVISOR BORGOS-Thank you. I'm sure all of us have fully memorized that which was just stated. I'll ask our Town Attorney are you comfortable with what you've seen from a legal perspective? ATTORNEY DUSEK-Yes. Its basically an amendment to the charter and from a legal perspective from the Town's concerns I have no specific concerns or comments. r 89 SUPERVISOR BORGOS-Thank you. Any questions by any member of the Town Board? Any comments or questions from any other member of the public? If not, we thank you for your presentation we close this public hearing. PUBLIC HEARING CLOSED 7:35 P.M. RESOLUTION APPROVING AMENDMENT TO CERTIFICATE OF INCORPORATION OF QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO. 475, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town of Queensbury presently has a contract with the Queensbury Central Volunteer Fire Company, Inc., wherein the said Fire Company has agreed to provide fire protection services for a certain area of the fire protection district located within the Town of Queensbury, and WHEREAS, the Queensbury Central Volunteer Fire Company, Inc., is presently desirous of amending its Certificate of Incorporation to amend paragraphs 9 and 11 which pertain to the distribution of assets upon dissolution of the corporation, as required by the Internal Revenue Service, and eliminate reference to Section 501 (c) (2) of the Internal Revenue Code of 1986, and a copy of the Certificate of Amendment of the Certificate of Incorporation of the Queensbury Central Volunteer Fire Company, Inc., having been presented to this meeting, and WHEREAS, a public hearing was duly held on August 20, 1990, at 7:30 p.m., in the Queensbury Activities Center and all persons interested in the subject thereof were heard, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and consents to the said Certificate of Amendment of the Certificate of Incorporation of the Queensbury Central Volunteer Fire Company, Inc., as the same are presented to this meeting and consents to the filing of the same. Duly adopted this 20th day of August, 1990, by the following vote: _ AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None AbSENT:None HEARING UNSAFE STRUCTURE-HOWARD TOOMEY PROPERTY DAVE HATIN, DIRECTOR OF BUILDING AND CODE ENFORCEMENT-I believe the Board is familiar with this location across from Mrs. Monahan's property. We have a structure in which a fire occurred, I believe 3 or 4 years ago something to that effect, I don't know the exact date. We still have somewhat of a super structure of the pavilion left. The super structure of the pavilion. is still left standing what we're asking the Board to do tonight is take some action in relationship to this to give to the Toomey's so we may once in for all put this to rest and not' bring it back to the Board again, I believe this is the third time it has been before the Board two times prior to myself before taking office. SUPERVISOR BORGOS-Thank you. I know its been before us a few times and at one time and I believe it was the last time that we had this as a public presentation, I believe the Town actually even supplied some orange fence to be put around the property. I know, I drove by there several months ago and the fence was down there still is quite a bit of debris from the old building available for easy access by the public. We've seen photographs of the area that indicate that the floor joyce, I forget now if they're steel or wood are still there. There is some concern on the part of a number of people that individuals of any age could walk out there to fish or for any other purpose could fall down through. So I would like Mr. Toomey or either one of the Mr. Toomey's to come forward and explain to us what the situation is as you see at the moment, what you've done since we asked you to take some action and what you think should be done in the future. Would you identify yourself, please. KEVIN TOOMEY-We can certainly understand the concern for the public, safety and so on. As far as the trees, steel, and everything that the salvage per say portions that had not been taken away yet were more than prepared to do that. There is one thing that we would like to possibly do as an option on that section that the floor joyce are still standing and still there 90 4, some steel ands some wood. We would like to possibly look at the option of re-decking that and railing it not necessarily for the public use and also to install a fence around that whole area not just where the floor joyce and so on are still there. SUPERVISOR BORGOS-So your saying if I understand you correctly that your willing to clean up most of the debris, but you would like to get a permit of some sort through our normal process to put in some type of a deck with a railing on that portion where the floor joyce are. MR. TOOMEY-Right. SUPERVISOR BORGOS-And yet, you would fence in the remainder of the property? MR. TOOMEY-Right. SUPERVISOR BORGOS-Let me ask the Director of Building and Code Enforcement Department if he thinks that's a viable option and if it's legally permissible to do what they're talking about? MR. HATIN-If I understand Mr. Toomey correctly, I think it would require number one, a variance because we are talking about a lapse of 18 months from the use of this structure therefore, they lost their right to do anything with it. It would have to meet today's Ordinance which would not allow a structure to be built that close to the lake. Your looking at 75 foot setbacks which puts it in the middle of the road or beyond the other side of the road I think. Your definitely looking at a variance I believe maybe a site plan review your looking at some time and possibly the denial along the way. SUPERVISOR BORGOS-Let's take a few other questions from Board members first then we have to ask the Attorney for some questions. Any other Board member have any questions or comments? COUNCILMAN MONAHAN-Well Steve, I have questioned and I've talked to Dave Hatin about this the necessity of taking down that concrete pad that's there you know that was part of the thing the Building Department was asking. I still really question if that is necessary for that concrete pad to come down. MR. TOOMEY-I agree. I don't see where or why the necessity for that to come out should be. When I discussed this with somebody else at one other point, I think that the only questionable safety instance was the fact that in one corner it's 3 to 31 feet higher than ground level which can be filled in obviously much easier and graded down rather than removing the whole area. COUNCILMAN MONTESI-David, what you said in essence is that because none of this building whatever foundation, structure, whatever is left has been used or nothing has been done with it for longer than 18 months it now reverts back to nothing can be done with it. I mean anything that is left there cannot be used or would not be given a permit to be built on to be used as public access etc. etc., is that what your telling me? MR. HATIN-That's correct. One thing I should clarify is that the 18 months only pertains to the use and not to the structure. The structure would be what we call nonconforming structure right now any expansion or revitalization, I guess would be the best way to put it of that structure would be prohibited unless they went through the Zoning Board. Mr. Toomey mentions filling to take care of the problem with the cement pier that also requires some type of Board action, I believe it's Planning Board. So we're looking at, you know he's going to have to go before a Board if they want to maintain some of that structure if they remove it all then it's strictly up to this Board. COUNCILMAN MONAHAN-I think, and Kevin correct me if I'm wrong, I think Ron probably what their looking for is perhaps a place for the family down by the lake. I mean, you know, they could have a nice area there for picnic's and a picnic table and stuff like that which to me is not an unusual request. COUNCILMAN MONTESI-The problem is I could appreciate that and maybe for the last three years if it was cleaned up you could of used it for the family, but it hasn't been so I don't know what's going to prompt you to want to use it now and look for some more time. It's really — frustrating if what we're asking has taken three trips to say, clean up the mess that's there. Betty, if you didn't live across the street we'd probably would have come down harder on these people that's really a sin because we should treat everybody equally and we're not. MR. TOOMEY-The only thing that is left there is something that we had a question about possible use for in the future not necessarily it wasn't just neglect that we weren't going to go any farther. The majority of the superstructure and the majority of the unusable materials has been taken out of there as far as somebody using it, you know, I'm down there with my daughter numerous times and I'm down there not as much this year, but previously raking, cleaning, r 91 mowing so its not as if it has not been used for that family oriented purpose. ' COUNCILMAN POTENZA-I have a problem with time. I mean.this has been going on as far as I can remember three years and I think prior to me sitting on this,,Board. I concur with Mr. Montesi, that if your neighbor wasn't your neighbor it would have been a lot more drastic. I find it frustrating because as far as I'm concerned were right back where we were three years ago. I think it's unsightly, I think it's dangerous and it's certainly on a body of water that is conducive to the public stock in there and I really think it should be cleaned up and dismantled. MR. HATIN-The other"problem we mentioned fencing off the property, I don't know it would be a questioned for Paul I guess, is that our Ordinances are very strict with fencing now and your looking at a narrow lot there. COUNCILMAN POTENZA-We opted for fencing the fencing that went up the last time that they were before the Board and the fencing fell down and still nothing was done. MR. TOOMEY-The fencing was picked up again by the Town for their own use we didn't tear it down. SUPERVISOR BORGOS-I think it's still there it was there two or three months ago when I went by. MR. TOOMEY-There might be a piece there that they didn't take. SUPERVISOR BORGOS-The idea of it was a temporary loan to being with. MR. TOOMEY-Right: But, I mean we didn't just neglect it and let it fall down or throw it away or whatever. COUNCILMAN POTENZA-The point was that the fence was there so that the general public could not go on the property and it was there temporarily until the property was cleaned up. Now the fence is gone be it right, wrong, or indifferent the Town took it back to use it as it should of used and the property still isn't cleared up and the problem still exists. MR. HATIN-Correct. SUPERVISOR BORGOS-Let me ask our Town Attorney. Paul do you have any questions to ask? ATTORNEY DUSEK-I guess the only question that I have in my mind at this point is relative to, there is a number of different types of structures "things" for lack of a better word that appear to be mentioned in the resolution. At this point is the Board talking about mandating the removal of all of them, I think that's what you did in your previous resolution. COUNCILMAN MONAHAN-I don't think we ever did that. My understanding was that they were to take the steel down. The concrete at the time when we did it before I don't think was ever in question. COUNCILMAN POTENZA-Has the steel been taken down? COUNCILMAN MONAHAN-The steel is down except for the steel girders. The time that they started this was a two story structure with steel frame all over the structure so what is left is what would be equivalent if you had a house a basement level a, support of steel and then the steel girders that go across that make the first floor. COUNCILMAN MONTESI-Kevin, did you at one time try to, wasn't there a application that you made to the Zoning Board of Appeals to see if they would let you build on that side a house or something that was denied? COUNCILMAN MONAHAN-Warren County. COUNCILMAN MONTESI-Warren County denied it? COUNCILMAN MONAHAN-Or did you withdraw it? MR. TOOMEY-Well, we didn't pursue it any farther. They wanted us to go to a reasonable expense in the form of plans and so on and we discussed it and at that time were not. . . COUNCILMAN MONTESI-That's the point I'm making that anything you do there now is only complicated even more. Site Plan Review would require fourteen sets of engineer plans for anything your going to do on that side for a site plan review not withstanding the variances. 92 COUNCILMAN MONAHAN-If they just wanted to deck that steel. MR. HATIN-If I could just read from a previous resolution that was adopted by this Board of August 23rd, 1987. Resolution No. 202 states Resolved, that the Queensbury Town Board hereby orders the remains of this structure to be removed by August 23rd, 1981. That's not the right date I don't have the exact date that this was given out, but I'm surd Darleen can look it up. SUPERVISOR BORGOS-So we're looking at approximately three years ago since the order was given. MR. HATIN-Originally this was brought to the Board the date on this is May 26, 1987 and the hearing was on May 26, 1987. SUPERVISOR BORGOS-David, what's your opinion of the condition of the floor joyce, steel — girders, are they usable? MR. HATIN-I would say they were exposed to a fire, I don't think structually that they are usable to anybody. Again, it would take an engineers evaluation I'm sure George knows what were talking about we don't give evaluations that have been exposed to fire that's beyond our capability. SUPERVISOR BORGOS-Have they been bent or twisted? MR. HATIN-It's been awhile since I've looked at the steel itself, but I believe remembering from the, fire because I was there that night and also looking at them they have taken some heat which has definitely affected them structually. My feeling is that even though Mr. Toomey and I understand he-would like to use the property realistically I don't think he is going to get what he wants. You know how the Planning Board has acted and the Zoning Board has acted on variances on lakes and site plans on lakes here your talking about another site plan right on the lake and a variance on the lake I'm doubtful that they will get one. COUNCILMAN MONTESI-Within 75 feet. MR. HATIN-Within 75 feet. COUNCILMAN MONAHAN-I don't know if you can prejudge something like that Dave when you just want a deck. I mean that's not a use like putting a house up there or something. MR. HATIN-The other thing too, is that you have to apply for another variance because the — deck is an accessory structure and you can't have an accessory structure without a principal dwelling so therefore, you need another variance the list just goes on that's the problem your in with this whole thing it's on the lake and that's what makes it difficult and those are the rules that this Board has enacted. COUNCILMAN MONTESI-Would Mr. Toomey be able to if there was nothing there would he be able, owning the property put a dock out there? MR. HATIN-With a variance the way it's written now, yes if he got the variance. COUNCILMAN MONAHAN-Why a variance for a dock? MR. HATIN-Because a dock is an accessory structure and you have to have a principal dwelling to have an accessory structure. COUNCILMAN MONAHAN-I know loads of people all over Town they have places on Lake George and all they have is a lot with a dock. MR. HATIN-All I can tell you is the rules Mrs. Monahan. COUNCILMAN MONTESI-Is what your asking the Town Board to act on an expensive proposition? MR. HATIN-I guess it would depend on if they hired somebody or they do it themselves. COUNCILMAN MONTESI-What are you asking? — MR. HATIN-My personal feeling is and from what I've heard from the Board and the public and the way this has been going around since I've been here is that the whole thing should be removed. That way you eliminate the problem it goes back to earth he has a beach there if he would like to use it for private use, but the danger to the public is gone. You won't be allowed to fence it in legally by our Ordinance because the fence is not allowed within 75 feet of the shoreline so even if it was a temporary fence that's all it would be is a temporary fence like you had before a permanent fence would not be allowed in that area without a variance or 93 site plan. COUNCILMAN POTENZA-I don't think the idea that this is waterfront property owned by the Toomey's is the problem it's the structure that is on this waterfront property that is the problem. MR. HATIN-Correct. COUNCILMAN POTENZA-If the remainder of the structure was taken down and the steel girders were removed and it did go back to natural land your right you could have a picnic table and it would not have to be fenced in. MR. HATIN-You would still have use of it, but you wouldn't have what they're requesting tonight. SUPERVISOR BORGOS-Just trying to look at the dollars and cents side of this is it possible that someone would remove that steel work in exchange for the steel just to keep the cost down? I haven't looked closely and I've seen the photographs? COUNCILMAN KUROSAKA-If it's been burned there is no questioned about it. SUPERVISOR BORGOS-I know that is the concern. MR. HATIN-I don't know what the substance of the concrete is. I don't know if its a full slab if its a four foot thick slab I have no way of knowing that judging from it I would say not. SUPERVISOR BORGOS-We obviously want to clear up the problem and I think we want to do it quickly because it has been around for so long. How does this Board wish to proceed? COUNCILMAN MONTESI-Without putting a family in a financial bind that may be bad for them if this Town Board felt that there was such a safety hazard that they couldn't live with it a day longer and they had Town forces remove all of that at a cost how would that cost be handled would it be a lien against the property? SUPERVISOR BORGOS-Our Attorney is nodding his head yes. COUNCILMAN MONTESI-Is that an alternative that you could live with? MR. TOOMEY-No, I definitely do not feel so. Again, we have taken the majority of it and removed it. What is left there is basically something that we were looking for personnel use number one and number two the cost of that slab removal, I fail to see without a much simpler solution, I fail to see the safety hazard in grade slab with the exception of one, three or four foot corner. COUNCILMAN MONTESI-I guess what I was getting at is Kevin is not arguing how much should go, but if the Board said you have X amount of time, thirty days, to do it or we will do it and I know that is a financial burden, but what I was getting at if that burden exist ultimately the Town might end up doing it if this Board voted that way and then that would be either a cost to you directly or a cost on a tax bill or a lien. MR. TOOMEY-We are by no means trying to give the impression that we don't want to do anything or are not going to go along with the Board. We are again looking for options for family use and cost effective as opposed to safety. Don't get the impression that we are not going to do it because we are. COUNCILMAN MONTESI-Obviously after three years you would have to get the impression that not a lot has been done on your side and I'm not arguing for them I'm just arguing as an individual on this Board. You would have to get the impression too that Mr. Hatin just told you a whole bunch of.the options that your considering are going to be affected by you having to go before the Zoning Board and Planning Board with a set of plans and some definite plan and if you don't have that then none of those options are going to work either. I guess, just as one member I'm saying; gee after three years if we perceive that as a real safety problem we might take some action that is certainly not out of line and say, we will get it cleaned up and that is a cost that is going to be born by that, that you either do it or we do it. I'm not avocating that as a whole Board, I'm just saying that is one of the alternatives that we have to look with because we haven't seen anything coming forth from you after three years you didn't come here tonight and say, here's my plan for the future I'm going to go before the Planning Board and Zoning Board that doesn't exist either. So it's hard to look at much more time. MR. TOOMEY-To be honest with you, I didn't know if that was going to be an option to be honest otherwise I would have tried to put something together. 94 COUNCILMAN POTENZA-I just have a problem with time. It's been three years and if I had seen in the past that you had been working on the project and that you've been trying to clean it up even if it were a small amount per month that there was some diligent effort made to clean up-the property, but indeed I haven't seen any of it and that is; my concern. No one wants to be under the gun and we certainly don't want to put anybody`under the gun, but there is truly a safety hazard involved here and I think we have really come down to an alternative the alternative being that it has to come down how are you going to go about doing it or is it our responsibility to do it ourselves. MR. TOOMEY-I haven't quite yet understood exactly if that is the Board's consensus as a whole or what portions of it. COUNCILMAN POTENZA-Well I'll speak for myself because that is the only person I can speak — for. I would like to see all the structures removed, I'd like to see the steel beams and steel girders removed and I would like to see it taken back to its natural state back to where you can have a beach, picnic table, lawn area, and you can enjoy the lake that way. COUNCILMAN KUROSAKA-I'm afraid we will have to wait another three years. SUPERVISOR BURGOS-Anyone else have any other questions? This is a very difficult question we're concerned for your pocketbook and we're also concerned for health and safety. Imminent threat to life and limb good question, I don't know, a potential yes, no question about it. I'm not familiar with the concrete slab that your talking about certainly I would have no problem with a piece of concrete staying there and filling in the back edge so there is no drop off that personally is not a problem it's not visible it's off somewhere. I'm concerned about people falling through that structure that's my real big problem. COUNCILMAN MONTESI-Mr. Toomey, I'd like too and the Board suggest something that maybe you can get the feeling and as you said you didn't come tonight with a plan but, I would presume that there is enough people voting on this excluding Mrs. Monahan whose your neighbor who would probably abstain from voting she has in the past so there are probably enough votes here to force this issue. Maybe what we should do is give you two weeks to talk to some of the Board members or a specific Board member and to comeback with some definite plan. But, I would guess in two weeks without any that this Board would probably vote to have those structures remove within a very timely period a week, two week, by you or by our own forces. But, in all fairness and honesty to you if you haven't heard what Dave had to offer in terms of how limited to what you can do on that site without going through a variance or Planning Board on a whole set of plans maybe two weeks would give you enough time to at least give some thought on where you want to go with this thing and give the Board. I can whole heartily understand it there are some very serious costs involved in this one way or the other after three years the Board ought to take a hard look at this and take a hard stance, but let's give you a couple of weeks. I would like to at least if this is not in a form of a resolution move to table it for a two weeks so that you can have a chance to think about it. SUPERVISOR BORGOS-Our next regular meeting is September 10th, is that agreeable? If I hear you correctly what you would like to do is perhaps you will meet with the Toomey's and Dave Hatin, look at it and see what can reasonably be done and comeback on the tenth and come up with a proposal of whether we should have some of it ripped out and some of it left there. COUNCILMAN MONTESI-Maybe Dave and I, and Kevin and Mr. Toomey can meet. COUNCILMAN KUROSAKA-Why wait three years to do it are you going to wait another three years? . COUNCILMAN MONTESI-No, we are going to wait until September 10th. COUNCILMAN KUROSAKA-We waited three years already and at the last minute. . . COUNCILMAN MONTESI-I only suggested it, I'm only one guy on the Board. COUNCILMAN KUROSAKA-I'm getting tired of waiting. COUNCILMAN MONTESI-Okay. Well then the next thing to do would be if you wanted to take action tonight would be to move on this resolution. COUNCILMAN MONAHAN-I think George perhaps it would be fair to the Toomey's. Dave has presented some new facts to them tonight to give them a chance to mull this over whether or not they want to try the variance route to talk to the Planning Department to see what they really have to go through to do that stuff to give them that little time to think over their options and decide if they really want to try that route or if they just say no, I'm going to forget 95 4 it and take it down. COUNCILMAN POTENZA-Is that road a county road? COUNCILMAN MONAHAN-Yes. COUNCILMAN POTENZA-So no matter what he does he would have to first go before the county am I correct? MR. HATIN-It would be part of the variance with a Site Plan Review Board he would have to go to Warren Countt Planning Board. COUNCILMAN POTENZA-All right. Didn't he at one point attempt to go before the county and then it got too involved so he either withdrew or his proposal was voted down? MR. HATIN-1 don't recall. COUNCILMAN MONTESI-One of the problems Lynn was that at one time a house was proposed on that side the septic tank would have to go under the road and be on the other side which was sort of a little complicated. COUNCILMAN MONAHAN-We're not talking about the same apples and apples now. COUNCILMAN POTENZA-So what your proposing is that he analyze his choices now and no matter what he does he would first have to go before the county am I correct? COUNCILMAN MONTESI-He would have to make a site plan review proposal to the Town of Queensbury and pfobably also make a application to the Zoning Board of Appeals. COUNCILMAN POTENZA-He would have to go before the county because it's a county road. COUNCILMAN MONTESI-Yes. SUPERVISOR BORGOS-In any event if we give him until September 10th, he may comeback with the option that they just tear it down and clean it up that's the other possibility. COUNCILMAN KUROSAKA-Okay. COUNCILMAN POTENZA-I will certainly go along with my fellow Board members, but I think three years has been ample time for these decisions to be made. COUNCILMAN KUROSAKA-So do I, and Betty satisfied now. SUPERVISOR BORGOS-I agree. Normally that meeting would be September 3rd, but it is Labor Day and we're not going to hold a meeting that night that I'm aware of. I'll ask our Attorney, do we need a resolution at this point? ATTORNEY DUSEK-Yes, I would recommend a resolution. COUNCILMAN POTENZA-Can't we just table this? ATTORNEY DUSEK-A resolution to table, but you would also want to as part of that resolution to I think hold open the hearing until that next meeting. SUPERVISOR BORGOS-I don't know if a table is in order because we have no resolution on the floor maybe just a resolution. ATTORNEY DUSEK-Okay, then to at least hold open that hearing. SUPERVISOR BORGOS-Do you want any of the language with it just hold open the hearing you don't want any stipulation the meeting will take place and so forth? ATTORNEY DUSEK-1 don't think you need to, it's in the record. I think if you just hold the hearing open and then that way it allows you to finish up the business at the next meeting. SUPERVISOR BORGOS-Okay. Do we have consensus of the Board that we will hold the hearing open until September 10th. Will you return please on September 10th? MR. TOOMEY-Yes. SUPERVISOR BORGOS-You and Mr. Hatin, Mr. Montesi, can meet before hand and take a look perhaps you want Mr. Kurosaka to take a look to. Okay, we will hold this hearing open 96 until that time. RESOLUTION TO CONTINUE HEARING ON TOOMEY PROPERTY RESOLUTION NO. 4762 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury hereby wishes to continue the hearing on the Toomey propertyAt the Town Board meeting of September 10, 1990. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None UNSAFE STRUCTURE-MCDONALD 8:05 P.M. SUPERVISOR BORGOS-Is anyone hear representing the McDonald's? Mr. Hatin, would you once again come to the microphone. This has come before us numerous times. DAVE HATIN, DIRECTOR OF BUILDING AND CODE ENFORCEMENT-Yes. Mrs. Doris Switzer who is an heir to the estate was served by me personally last Wednesday, I believe there is a Affidavit of Service. It was my understanding that she was going to be here tonight obviously she is not. I took a ride by today and the house is still in the same condition it was when we boarded it up and posted it and nothing has been done with it so I guess it would be at the discretion of this Board. I obviously don't think any of the heirs to the estate has any intentions of doing anything. SUPERVISOR BORGOS-What is your estimate of the cost to cleaning it up. . . MR. HATIN-I haven't gotten any estimates on demolition yet I could get them for the Board if you like. SUPERVISOR BORGOS-Do you have any rough idea are we under $1000? MR. HATIN-Mr. Naylor is here maybe he can estimate that for you. I would say, would you estimate under $1000? PAUL NAYLOR, SUPERINTENDENT OF HIGHWAY-Where are you talking about? MR. HATIN-Corner of Central and Indiana Avenues. ATTORNEY DUSEK-On this particular matter other than to take matters to make it safe and everything the law does allow them thirty days from the date they receive the notice in which to start clean up and then finish it within thirty days thereafter a total of 60 days. I would recommend to the Board that you consider not ordering the demolition until that time period expires. COUNCILMAN POTENZA-So it has to be monitored for thirty days? MR. HATIN-It's been over thirty days now hasn't it. ATTORNEY DUSEK-Thirty days from the date of service of the notice. MR. HATIN-From this meeting? ATTORNEY DUSEK-You just served it five days ago. MR. HATIN-But, what was the other one that we gave them thirty or sixty days to act and — then nothing has happened with that, that's the way the previous resolution read, right? ATTORNEY DUSEK-I thought that notice was never served and that was the problem and then you served the notice of this hearing. So the first time you served the notice you have to allow them thirty days from the day that they receive the notice in which to clean up. SUPERVISOR BORGOS-What type of resolution would you like now if any or do you think the clock is going and we just wait? r 9'� ATTORNEY DUSEK-I think you afforded the opportunity for the hearing as required by law and you just count out thirty days from the day of service. Shortly after that, I would recommend that Mr. Hatin come back before the Board and give the,-Board a report and if there has been no action the Board could then authorize a demolition, MR. HATIN-I will in the meantime get three estimates for the Board also. SUPERVISOR BORGOS-Thank you. Please check on the date of service and if you could do it in time for the next meeting if the thirty days will have been meet by the next meeting, please let us know. Thank you. I PUBLIC HEARING-LOCAL LAW OPENED 810 P.M. SUPERVISOR BORGOS-I'll ask the Clerk is this has been advertised? TOWN CLERK-Yes, it has. SUPERVISOR BORGOS-Thank you very much: Is there anyone here who wishes to address us with questions or speak in favor or opposed to this piece of legislation? One of the most critical aspects is that we will finally have something that will be able to permit our Fire Marshall and Deputy Fire -Marshall to give out summonses, violation notices to people who park in fire lanes. We've taken care of handicap parking now were going to clean up the fire lane problem among other things. The Board has discussed this previously does anyone have any questions about this? Any other comments from anyone? DAVE HATIN, DIRECTOR OF BUILDING AND CODE ENFORCEMENT-Just one thing that I've discussed with the Attorney we kind of like too make an amendment to this law and I'd like to get the Board's feelings on this now even though we will propose it later and hopefully adopt what we have before us tonight. One thing that I found out and did some research and I think, Paul is finally going to agree with me is that there maybe power for my Inspectors as well as myself to write tickets for the fire lane and for the Fire Marshall to write handicap parking tickets and we like to address this at some point with the Board. We feel it's kind of ludicrous for us to write a handicap parking ticket and see the fire lane violation and not be able to do anything about it and vice versa. SUPERVISOR BORGOS-We've all agreed with that for some period to time to have more people out there. MR. HATIN-So the consensus of the Board is that we should bring something back? SUPERVISOR BORGOS-Sure. But, that would not impact on what's before us tonight. ATTORNEY DUSEK-The only thing is that 1 would reserve the rights to continue to review that it's not a clear area of the law. Unfortunately where we are right now is the most conservative route which will authorize Building and Codes to do the handicap and the Fire Marshall to do the fire lanes. Dave has given me some additional information which I'm taking, a look at and I'm just taking a look to see if I can justify another step over, to issue both types of tickets SUPERVISOR BORGOS-Thank you. PUBLIC HEARING CLOSED 815 P.M. RESOLUTION TO ENACT LOCAL LAW NO. 10, 1990 PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE STATE UNIFORM FIRE PREVENTION AND BUILDING CODE AND RELATED LAWS, CODES, ORDINANCES AND REGULATIONS RESOLUTION NO. 477, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to provide for the administration and enforcement of the provisions of all laws, codes, ordinances, regulations and orders applicable to: A. The location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances located in the Town of Queensbury; and B. Fire prevention and fire safety regulations consistent with nationally recognized good practice for the safeguarding of life and property from the hazards of fire and explosions arising from hazardous conditions in the use or occupancy of buildings or premises and 98 Y t from the storage and use of hazardous substances, materials and devices; and WHEREAS, a copy of the proposed Local Law entitled, "A Local" Law Providing for the Administration and Enforcement of the State Uniform Fire Prevention and Building Code and Related Laws, Codes, Ordinances and Regulations" has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board, and WHEREAS, on August; 20, 1990, a public hearing with regard to this Local Law was duly conducted, I NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law reference above, to be known as Local Law No.: 10, 1990, 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 said 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 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None A COPY OF LOCAL LAW TO BE ATTACHED TO MINUTE BOOK PRESENTATION BY CRANDALL LIBRARY A presentation was made by Crandall Library for a request for funding for the year of 1991 in the amount of $13.50 total or per capital increase. A discussion was held on forming a Special Library Taxing District. (Letter on file in Town Clerk Office) HEARING DEMARS UNSAFE STRUCTURE 8:40 P.M. SUPERVISOR BORGOS-Mr. Hatin, will you bring us up to date on what this is and then we will ask you some questions and see where we can go. MR. HATIN-This matter has been discussed via Karla Corpus representing my Department and an Attorney representing the Alden's, I believe your Attorney Mr. Matusik. I haven't been involved in it and I talked to Karla very briefly today about it and I assumed that it was on for tonight's meeting that's when we got into discussion and we found out that it should have been. This is the property where I guess a trailer fire occurred some years ago. MR. ALDEN-It wasn't a trailer it was a house. MR. HATIN-It was a house it look like the remains of a trailer when I saw it. The remains were still there, there was a camper there that has been since removed a motorcycle which I believe is still there, there was another junk vehicle that has since been removed. But, some of the remains that we requested to this Board approximately two years to be removed are still there. Apparently through the sale of this land they are also trying to work out a deal where in with the purchase there would be the agreement to clean up the property by the purchasers, I think that is why Mr. Alden is here tonight. SUPERVISOR BORGOS-Now this is the piece of property I believe, Paul I gave you some information some letters had come in where apparently a sale has taken place and there were some deposit checks we got photocopies of, is that correct? ATTORNEY DUSEK-This is the property. MR. HATIN-I have that letter here also Steve. SUPERVISOR BORGOS-What is the status of the property now who owns the property? r 99 MR. ALDEN-Do`we own it? ' SUPERVISOR BORGOS-Is it still owned by the estate? MR. ALDEN-Apparently. SUPERVISOR BORGOS-Because this is very legal we will ask the man who will have to appear in court someday maybe to ask some very specific questions. ATTORNEY DUSEK-The first question is, is there anybody here on behalf of the current property owners? MR. ALDEN-Mrs. Hall was suppose to have been here, but she is not here. ATTORNEY DUSEK-Are you aware of the fact that the Town has served a notice concerning this property? MR. ALDEN-I have tried to contact you people up here. I have tried to contact Karla Corpus in the past and to obtain a little bit of a time to clean the property up. ATTORNEY DUSEK-Is it your intention to clean the property up once you buy it? MR. ALDEN-Definitly, we are buying it. ATTORNEY DUSEK-When do you estimate the closing date will occur? MR. ALDEN-Whenever the lawyers get done with it. ATTORNEY DUSEK-They haven't told you when they think it will be? MR. ALDEN-They didn't give us a specific date. ATTORNEY DUSEK-Are you talking a week, a month? MRS. ALDEN-A couple of weeks. The Board may wish I don't know how bad the property is at the moment. The Board may wish to put the hearing off until the ownership is cleared up. SUPERVISOR BORGOS-What's the feeling of the Board? What if we put it off until the second meeting in September which will be September 17th. On or before that time preferably before that time let Mr. Hatin know as soon as you buy the property and then we will work out some kind of an arrangement. MR. ALDEN-We're waiting too. SUPERVISOR BORGOS-So your anxious to buy it and clean it up? MR. ALDEN-Oh yeah. SUPERVISOR BORGOS-If you will contact Mr. Hatin as soon as any of these steps take place we would appreciate that. He can keep us informed, but we may want to see you back here on September 17th, so we can figure out what has to be done. It looks like its on the way to taking care of itself. Does the Board agree with that recommendation? Consenus of Board to agree. OPEN FORUM 8:45 P.M. MR. JOHN SCHREINER, REPRESENTING EARL SHORTSLEEVES-Questioned the Board about the Dunhams Bay Boat Company parking large cruisers on a Town Road. Noted Mr. Shortsleeves has a dock there and is handicapped and is unable to park his car in front of his dock because of the boat taking up to much of the Town road. Ask the Board that the Board have the boats removed that are parked there. SUPERVISOR BORGOS-Noted this was an involved situation concerning ownership of the road. ATTORNEY DUSEK-Noted he will research this, with Mr. Paul Naylor, Superintendent of Highways, but in the meantime it can be arranged for a letter to be done notifying the owner in writing to remove the boats. BERNARD RAHILL-Read letter to Board entitled, "Present Status of Queensbury Malls" (no copy given to Town Clerk) concerning development in Queensbury. 100 PAUL H. NAYLOR, SUPERINTENDENT OF HIGHWAYS-Noted that he will be holding a Auction on September 8, 1990, at 9:00 a.m. Questioned if other departments have been notified? SUPERVISOR BORGOS-Asked to have one week to notify to gather things together. PLINEY TUCKER, WARD 4, QUEENSBURY-Asked Town Attorney, the status on Mrs. Carol Pulver and the conflict of interest? ATTORNEY DUSEK-Noted he needs to gather further information from Mrs. Pulver. PLINEY TUCKER-Questioned the status on the lights on Sherman Avenue? SUPERVISOR BORGOS-Noted he sent a memo to Kathleen Kathe requesting that she contact -,- Darleen Dougher first then Niagara Mohawk to see what the status is on the lights. ROBERT POTTER, SENIOR, MOON HILL ROAD, QUEENSBURY-Noted his concern for the noise level in his neighborhood. SUPERVISOR BORGOS-Noted the Town is working on a Noise Ordinance. MR. HATIN-Questioned the Board about getting a separate amendment concerning docks in Lake George. SUPERVISOR BORGOS-Stated it will put it on the list. OPEN FORUM CLOSED 9:35 P.M. DISCUSSION HELD MR. PAUL NAYLOR, SUPERINTENDENT OF HIGwHWAYS-Spoke in regard to an article in the Glens Falls Newspaper on the repair of the intersection of West Mountain Road and Gurney Lane Roads. Noted that it was Warren County DPW not Town of Queensbury, a rebuttal will is being sent to the newspaper. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 478, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of July 9th, 1990 and July 16th, 1990. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None ABSTAIN-Mr. Montesi RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 479, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of July 23, 1990 and July 25, 1990. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None 101 ABSTAIN:Mr. Kurosaka RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW REGULATING PARKING ON A PORTION OF SHERMAN ISLAND ROAD IN THE TOW14 bF QUEENSBURY RESOLUTION NO. 480 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a Local Law which would provide for the re of Sherman Island Road in the Town of Queensbury, and gulating of parking on a portion WHEREAS, such legislation is authorized pursuant to the Town Law, Vehicle and Traffic Law and the Municipal Home Rule Law of the State of New York, and WHEREAS, before the Town Board may take action with regard to the proposed Local Law, it is necessary to conduct a public hearing on said proposed Local Law, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of 531 Bay Road Queensbury shall meet and hold a public hearing at the Activities Center New York at 7:30 ' y � Queensbury, Warren County, P.M., on the 17th day of September, 1990, to consider said proposed Local Law and to hear all persons interested on the subject matter thereof concerning the same and to take such action thereon as is required or authorized by law, and BE IT FURTHER RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Laws in the manner provided by law. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW PROVIDING FOR THE ESTABLISHMENT OF TRAFFIC MARKINGS AND REGULATION OF TRAFFIC ON SHERMAN ISLAND ROAD IN THE TOWN OF QUEENSBURY RESOLUTION NO. 481 1990 Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, 'a Local Law which provides for the establishment of traffic markings and regulation of traffic on a portion of Sherman Island Road in the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to the Town Law, Vehicle and Traffic Law, and the Municipal Home Rule Law of the State of New York, and WHEREAS, before the Town Board may take action with regard to the proposed Local Law, it is necessary to conduct a public hearing on said proposed Local Law, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, — New York at 7:30 p.m., on the 17th day of September, 1990, to consider said proposed Local Law and to hear all persons interested on the subject matter thereof concerning the same and to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Laws in the manner provided by law. 102 Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE-REGARDING PETITION FOR CHANGE OF ZONE RESOLUTION NO. 482, 1990 Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance which was adopted on October 1, 1988, and more specifically considering a petition for change of zone by Robert and Shirley Sanders and by Diane Carpenter, whereby their parcels of land, known as Tax Map Nos. 126-1-71.1 and 71.3, would be changed from SR-1 Acre to LI-1 Acre, thus modifying the existing Zoning Ordinance and map, and WHEREAS, in order to so amend, supplement, change, modify, or repeal the Ordinance, it is necessary to hold a public hearing prior to adopting said proposed amendment, NOW,THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance which was adopted on October 1, 1988, and BE IT FURTHER, RESOLVED, that said public hearing shall be held on October 1st, 1990, at 7:30 p.m., at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Planning Department of the Town of Queensbury is also hereby authorized and directed to give written notice of the proposed amendment to the Zoning Ordinance of the Town of Queensbury in accordance with the written notice presented at this meeting, to be delivered 10 days prior to the following: Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 264 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER RESOLVED, that the Planning Department of the Town of Queensbury is hereby directed to give notice and refer this matter to the Adirondack Park Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos —. NOES: None ABSENT:None RESOLUTION TO APPOINT MEMBER TO CEMETERY COMMISSION RESOLUTION NO. 483,1990 Introduced by THE ENTIRE TOWN BOARD: r io0 WHEREAS, the Town of Queensbury has previously established the Cemetery Commission,' NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mrs. Margaret Prime to serve a three year term as a member of the Cemetery Commission, said term to expire on June 30, 1993. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO APPOINT MEMBER TO ZONING BOARD OF APPEALS RESOLUTION NO. 484 1990 Introduced by THE ENTIRE TOWN BOARD: WHEREAS, the Town of Queensbury has previously established the Zoning Board of Appeals, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Ms. Joyce Eggleston" to serve a five year term as a member of the Zoning Board of Appeals, said term to expire on September 14, 1995. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO APPOINT MEMBER TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO. 485,1990 Introduced by THE ENTIRE TOWN BOARD: WHEREAS, the Town of Queensbury has previously established the Board of Assessment Review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. C. Powell South to serve a five year term as a member of the Board of Assessment Review, said term to expire on September 30, 1995. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION AUTHORIZING CONTRACT FOR PLACEMENT OF PUBLIC TELEPHONE SERVICE RESOLUTION NO. 486, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury desires to contract with New York Telephone for telephone service, and WHEREAS, a proposed contract entitled, "Contract for Placement of Public Telephone Service" has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the contract presented at this meeting and hereby authorizes and directs the Town Supervisor of the Town of Queensbury to execute the aforesaid contract on behalf on the said Town Board, and to iO4 take such other end further steps as may be necessary to effectuate the terms of the contract. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. -Bongos NOES: None ABSENT:None COMMUNICATIONS i TOWN CLERK-Read bid for Tire Removal. North American Recycling Corporation. Fort Edward, New York - With the following bid: $1.25 per tire; Alternative Bid #1 - $1.15 per tire; Alternative Bid #2 - $1.20 per tire or $1.10 per tire. Casings Inc. Catskill, New York - With the following bid: $1500.00 per trailer if they load or $1200.00 per trailer that is loaded in advance. Jim Coughlin, Superintendent of Landfill recommended the bid go to North American Recycling Corporation. (Bid on file in Town Clerk's Office) RESOLUTION TO ACCEPT BID FOR REMOVAL AND DISPOSAL OF WASTE TIRES FROM TOWN OF QUEENSBURY - CITY OF GLENS FALLS LANDFILL RESOLUTION NO. 487, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for doing all work necessary and furnishing any equipment necessary for the removal and disposal of waste tires from the Town of Queensbury - City of Glens Falls Landfill on Ridge Road, Queensbury, New York, as more specifically identified in contract documents previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, the firm of North American Recycling Corporation has submitted the lowest bid for the said tire removal, said bid being in the amount of $1.25 per tire, a copy of their bid proposal being presented to this meeting, and WHEREAS, James T. Coughlin, Landfill Superintendent, 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 the said tire removal to North American Recycling Corporation, and that said tire removal be paid for from the appropriate Landfill Account. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 4882 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Audit of Bills appearing on Abstract August 20th, 1990, and numbering 90 - 3758 thru 90 - 4027 and totaling $254,590.16 be and hereby is approved. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos _ NOES: None ABSENT:None RESOLUTION TO CHANGE TOWN BOARD MEETING DATE RESOLUTION NO. 489, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, r 105 seconded by Mr.%George Kurosaka: RESOLVED, that the Town Board of the Town of Queensbury hereby changes the date for the September Town Board meetings from September 3rd, and 17th to September 10th and 17th, 1990. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 490, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss the following personnel matters, and litigation. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO RECONVENE RESOLUTION NO. 491, 1990, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby moves back into Regular Session. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION OF APPOINTMENT RESOLUTION NO. 492, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the, Town Board of the Town of Queensbury hereby appoints Mr. Leslie Carpenter of Warrensburg to the position of Assistant Building Inspector at a salary of $21,000.00 per year to begin work immediately. Duly adopted this 20th day of August, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: Mrs. Monahan ABSENT:None j Mrs. Monahan asked that the record show that she was not voting against the person, she was voting against the position. On motion, the meeting was adjourned. MISS DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY r