1990-08-30 SP 10 6)
r
"SPECIAL, TOWN BOARD MEETING
AUGUST,, 30, 1990
1:04 '.p m. :
TOWN BOARD<INEMBERS
Supervisor Stephen •Borgos
Councilman George .Kurosaka `
Council=man Marilyn 'Potenza
Councilman Ronald Montesi
Councilman Betty, Monahan
Town Attorney:.Pau1 Dusek
Supervisor Borgo,s-Opened the Meeting `
Discussion held in regard to an unsafe structure Tax. Map No
128-9 T6q Property owner Brian Mannion. -pictures`:presented '
to�. the .,Board Members . . .Mr. Hatin, spoke to the Board Members '
noting r;;that• t-Warren County Social Services Dept. ' called his „
dept ,to..; inspect ` the premises. . i ( ltr. on file'`regarding
condition',,of the premises from Mr. Hatin) requested`, that . the
Landlord, . be
put on notice that he has created:`an' unsafe
condition. , plus. , the structure itself is showing signs of
structur'al""!'co11apse, that he be given a certain amount of `
timeF ,Tt'o',,: do . I would like to see him come to a Board
Meeting> "and answer to these violations . Councilman
Monahan.-�requested .that no other people be allowed to live in
thi's ;strUcture at this time . . .Mr. Hatin requested permission
- to " pos=t th`e ; building. Attorney Dusek-Mr. Hatin, I have a a.
few questions, .,:.technically the statue requires: that the
building J either open is dangerous or unsafe to the
, general ; public or is unfit for purposes for which it may
]awful l,y,, � .be" used or it may become a place for rodent
infestation or an - object or attraction to minors etc . What
is ' your ' opinion of what this structure would fall under?
Mr., Hatin, Its not fit for what it is intended for, it may
become , rodent ' *infested and if kids break in they could
conceivably use it for a playpen. Attorney Dusek-Is the
building. currently occupied? Mr. Hatin-It was vacated
yesterday. Her belongings are still there, so she will be
. in , and out to get her belongings . Attorney Dusek-Have the
pictures been accepted by the Town Clerk and Dave Hatins
report. . Supervisor Borgos-The Clerk has indicated that she
will accept those photographs . . .
RESOLUTION REGARDING UNSAFE STRUCTURE
RESOLUTION NO. 493, 1990, Introduced by Mr. Ronald Montesi
who moved for its adoption, seconded by Mrs . Betty Monahan:
WHEREAS, the Director of Building and Codes Enforcement has
brought to the Board' s attention and has reported to the
Board a structure which in his opinion is unsafe, said
structure being more specifically defined as a parcel
bearing tax map number 128-9-16 the property address being
277 Central Avenue and appartently owned by Brian Mannion of
7 Sylvan Avenue, Town of Queensbury and
WHEREAS, the Town Board has been presented with photographs
and a -written report by Mr. Hatin, and
WHEREAS, the Town Board has considered the reports and by
this resolution it is its intentio=n to render an opinion
that the buildi'31gg is unsafe and dangerous and order its
repair
NOW, THEREFORE BE ITT
RESOLVED, the Town Board of the Town of Queensbury hereby
finds that the Building brought to the attention of the
Board by Mr. Hatin is unsafe and it is necessary to repair,
the same as soon as possible and be it further
RESOLVED', that the owners of the property shall be placed on
notice that it will be their obligation to perform the
following and a written notice will be served upon them
t �' y. z, tl•,.' t. .
indicating the f.ol,lowing: •r
1 . A
description of the
P premises, will be given in the
notice ,� which,_ will indicate the map number ,aod,property ', ;
address`;~ as well as a general description of the' building :;.
2 A statement. of particulars in which the building .is
unsafe«sor ;. dangerous shall be attached which statement::will ,
be ' the�`",written report issued by Mr. Hatin to the '1awn�'Board '
today.
The building shall be made safe and secure and
..repaired commencing 30 days from the date of service of the,
notice 'a"nd being"%completed no less than 60 days from date of
service the natice' upon the property owner.
4
The Town; Board of the Town of ueensbur
Q y shal•1. set �f
forth .an said , notice and shall , set forth a date. .time ,;and
. place.`f.dr� a hearing before the Town Board in relatian` to the .,,,
dangerous and -'unsafe building for September 10, 1 1990 at 'M1
7 :30 •P, M.'a
" 5t. ,That`, . the statement shall reflect the Town Board' s
;pos`itiori that in event that there is neglect or refusal to
comply1, with ' this order in resolution of the Town"Board to r,
secure rand re pa'ir,.,,x�the premises the Town Board shall
authoirze ,affer, hearing the provisions for its repair and or
demolilt' on as maybe the appropriate case and ,to assess all
expense Ml`against the real property in which it' is located
and`' to,.. 1nstitute a special proceeding to collect the cost of
repair ;and- or.'�':demolition, and
BE,',J ;'FURTHER
RESOLVED, that!'the notice shall be served in accordance with
the ';provisions of Local Law Number 3 of 1983 and shall be
substantially the form as set forth in the above paragraph
it .further
RESOLVED, that the Town Board in ,the meantime hereby issues
the following ,emergency order:
1 . The. premises shall stay vacated until it is repaired
and. ,'suitable for habitation and before they occupy the
premise's they shall obtain a certificate of compliance from
Mr. Hatin as to the repairs made to the . building.
2 . That, the building shall be posted to indicate fhat
it -,is closed -for habitation.
3 . Nobody ." shall live in this facility ,until it is
repaired.
Duly ;, adopted this 30 day of August, 1990 by the following
vote
a
'Ayes ' ' Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes -None
°,:`Absent': 'Mrs . Potenza
DISCUSSION HELD ON PROPOSED LOCAL LAW REGARDING VOLUNTEER
FIREF,IGHTERS ,SERVICE AWARD PROGRAM
`(TAPE. ;ON "FILE)
Attorney Dusek-noted that the proposed local law was drafted
from a P1an. Provision Selection Guideline developed by Mr,
Edward HoIohan
, Buy Back- 5 years . . .must put in one year obtaining 50
points; . to receive the 5 year buy back—proposed effective
date of January Is 1990 . . .no payments until 1991 . . .,
Benefit Amount-480. 00 . . .to go to public hearing
108
Optional Involvement-Participation by the. Fide Dept. is
optional . . .they have to make a decision within 20 days after
the adoption of the Local Law. ... one time election. . . if a
company' does not opt to come in they may at a later date
come into the program but with no buy back provisions . . .
Eligibility Requirements-Be at least 18 years of age -Earn
a minimum -of 50 points as an active Volunteer Firefighter in
one 12 "month period - Serve for a period of 12 months as
an active, Volunteer Firefighter prior to becoming eligible
. to enro1-1. into the Program. Once admitted, the
participating Volunteer Firefighter must meet the Program
requirements before being awarded a contribution as set
forth -herein. -
Disability-A Volunteer Firefighter shall be considered
disabled"'yin accordance with this definition, if the
Volunteer ..•'Firefighter obtains and submits to the Town Board
of the :':Town of Queensbury, a Certified Physician' s Report
and a, ;,dertified letter from a Fire Chief or other Officer
of the. Fire Company with an equivalent ranking, which report
or letter shall specifically state therein that it is the
Physician' s opinion or the Fire Chief/Officer' s opinion as
the •„ case may be, that the Volunteer Firefighter is disabled
to ,-a '.poi�nt ,where he is unlikely to be able to earn at least
50 ;,'points in"`" a. year as a result of a disabling injury or
ailment .°which is expected to be permanent . The Volunteer
Firefighter may also be required, if established by Town
Board stile or regulation, to wait a certain time period
before , qualifying for disability, which time period shall
not ''exceed one ,year.
,,Record ,Keeping--Attorney Dusek-this will be deemed to be made
a part of their contract ( fire company) . . . (good records )
list has to be posted. . .
Discussion held in regard to Mr. Edward Holohan fee . . .
fee will be paid if referendum is passed. . .
Benefit Payable : The benefit payable to a participating,
active,, Volunteer. . .take out the word (active)
Discussion held in regard to lump sum payments. . .noted that
the-, Board can change this at a future date . . .
Commencement of Benefit Payments : Benefit payment will be
made not later than 90 days after the Town Board approves
the annual list. . . .
Consensus of Board to ask the Town Attorney to rewrite the
proposed Local Law, as per the Board ' s comments . . .
(Councilman Montesi left the meeting)
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW
PROVIDING FOR IMPLEMENTATION OF THE TOWN OF QUEENSBURY
VOLUNTEER FIREFIGHTERS SERVICE AWARD PROGRAM
RESOLUTION NO. 494, 1990, Introduced by" Mrs . Marilyn Potenza
who moved for its adoption, seconded by Mrs . Betty Monahan:
WHEREAS, at this meeting there has been presented for adoption
by the Town Board of the Town of Queensbury a Local law
entitled, "A Local Law Providing for Implementation of the
Town of Queensbury Volunteer Firefighter Service Award
Program, " and
WHEREAS, such leg1.51,ation is authorized pursuant to the
General Municipal- ,,aw of the State of New York, and
WHEREAS, prior to adoption, it is necessary to conduct a
public hearing on said ,proposed Local Law,
NOW, THEREFORE, BE IT
109
RESOLVED; : + that the Local Law be revised by the Town
Attorney ; as directed by the Town Board at the meeting of
August 30, and delivered to the Town Board Members no
later than Friday, August 31st . and be it further
. RESOLVED, AND ORDER,, that the Town Board of the Town of
Queensbury;' shall meet and hold a public hearing at, the
Activi.ti,e's Center, 531 Bay Road, Queensbury, Warren County,
New,, York at 7 :00 P.M. on the 6 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 authoiized
by iaw,.;,and
BE IT FURTHER
RESOLVED , AND ORDER, that the Town Clerk of the Town of
Queensbury.: is hereby directed -to publish and post a notice
concerning ' the proposed Local Law in the manner provided by
law.
Duly adopted this 30 day of August, 1990 by the following
vote:
Ayes : Mr. Kurosaka, Mrs . Potenza, Mrs . Monahan, Mr. Borgos
Noes : None
Absent:Mr. Montesi
RESOLUTION TO SET AUCTION DATE AND TIME
RESOLUTION NO. 495, 1990, Introduced by Mrs . Marilyn Potenza
who moved for its adoption, seconded by Mr . Stephen Borgos :
RESOLVED, that the Town Board of the Town of Queensbury
hereby , sets the date of September 8, 1990 at 9 : 00 A.M. for
an Auction of' various items of surplus equipment to be held
at .the' Queensbury Highway Garage, and be it further
RESOLVED . , -,that the Town Board will receive the list of
auction materials on September 6, 1990 for approval .
Duly adopted this 30 day of August, 1990 by the following
vote:
Ayes : Mr. Kurosaka, Mrs . Potenza, Mrs . Monahan, Mr. Borgos
Noes : None
Absent:Mr. Montesi
RESOLUTION DESIGNATING TRUSTCO BANK AS DEPOSITORY
RESOLUTION NO. 496, 1990, Introduced by Mrs . Betty Monahan
who moved for its adoption, seconded by Mr. George Kurosaka:
RESOLVED, that Trustco Bank be and it hereby is
designated a depository of this Municipal Corporation, the
Town of Queensbury, with authority to accept at any time
for the credit of this Municipal Corporation deposits by
whomsoever made of funds in whatever form and in whatever
manner endorsed, and said Bank be and it hereby is
authorized and directed to pay or otherwise honor or apply
without inquiry and without regard to the application of
the proceeds thereof , checks , drafts , notes , bills of
exchange, acceptances t undertakings and other instruments
or orders for the payment, transfer or withdrawal of money
on deposit with It' 'to the credit of this Corporation, for
whatever purpose and to whomsoever payable, including those
drawn or endorsed to the individual order of a signer, when
signed, accepted, or endorsed by any one of the following%
named persons , or persons from time to time holding the
following .offices of this Corporation:
110
Stephen Borgos , Town Supervisor, and J
Marilyn Potenza, Deputy Town Supervisor, and
BE IT FURTHER,
RESOLVED, ' that the aforenamed officers are hereby empowered
to act for and on behalf of the Town of Queensbury in any of
its business and with said bank within the authority
prescribed in the foregoing resolution.
Duly adopted this 30 day of August, 1990 , by the following
vote:
Ayes : Mr. Kurosaka, Mrs . Potenza, Mrs . Monahan, Mr. Borgos
Noes: None
Absent: Mr. Montesi
RESOLUTION AUTHORIZING RELEASE OF TEST RESULTS AT TOWN OF
QUEENSBURY LANDFILL
RESOLUTION NO. 497, 1990, Introduced by Mrs . Marilyn Potenza
who moved for its adoption, seconded by Mr. Stephen Bongos :
WHEREAS, it is deemed to be in the best interest of the
County',';to allow the New York State Department of
Environmental Conservation (NYSDEC) the opportunity to review
certain' , results of groundwater and surface water quality
testing done by the Town of Queensbury between June 1980 and
March , 1990, along with other test results obtained during
June and July 1990 from test wells located at the Town
Landfill,:: site on Ridge Road for the purpose of assessing the
impact 'of the landfilled waste on the local groundwater and
surface;:,;water quality, and
WHEREAS, based on 'the water quality testing data, as well as
certain economic and geographic factors , the NYSDEC may
allow the landfill to continue operation on an interim.
status " beyond the scheduled April 1 , 1991 closure date as a
Solid Waste Management Consolidation Facility,
NOW; THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury
hereby, authorizes the Town Supervisor to release the results
of analytical laboratory testing on representative
groundwater and surface water samples collected by the Town
of Queensbury between June 1980 and March 1990 , along with
results obtained during June and July 1990 from test wells
located at the Town Landfill site on Ridge Road .
Duly adopted this 30 day of August, 1990 by the following
vote :
Ayes : Mr. Kurosaka, Mrs . Potenza, Mrs . Monahan, Mr. Borgos
Noes: None
Absent: Mr. Montesi
On motion the meeting was adjourned.
Respectfully subm,_tted,
Miss Darleen M. Dougher
Town Clerk-Queensbury