2010-11-22-2010 SP MTG#44
SPECIAL TOWN BOARD MEETING 11-22-2010 MTG#44 118
SPECIAL TOWN BOARD MEETING MTG#44
NOVEMBER 22, 2010 RES#381-382
7:00 P.M. B.H. 31-32
BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN COUNSEL
ROBERT HAFNER
PRESS
POST STAR
SUPERVISOR DANIEL STEC-Opened meeting.
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 381, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns
from Regular Session and enters into the Queensbury Board of Health.
nd
Duly adopted this 22 day of November, 2010, by the following vote:
Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
Noes: None
Absent:None
RESOLUTION ORDERING THE SECURING OR DEMOLITION OF
UNSAFE STRUCTURE OWNED BY DANIEL AND TAMMY CREEDEN
AND LOCATED AT 29 FAWN LANE, QUEENSBURY
RESOLUTION NO. BOH 32, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
SPECIAL TOWN BOARD MEETING 11-22-2010 MTG#44 119
WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has
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inspected a home owned by Daniel and Tammy Creeden that was damaged by fire on November 8, 2010,
located at 29 Fawn Lane in the Town of Queensbury (Tax Map No.: 301.18-1-72) and has found that the
structure is collapsing and presents a hazard to anyone who should enter the property and the structure is
generally in disrepair, unusable and unsafe, and
WHEREAS, the Director has provided the report of his findings in writing to the Town Board and
has recommended that the structure be demolished, and
WHEREAS, the Director has advised the Queensbury Town Board that in his opinion, since the
structure is dangerous and unsafe to the general public, he therefore would like the Town Board to take
immediate action to order the demolition of such structure and remove it from the property in accordance
with the provisions of New York State Town Law §130(16) and Queensbury Town Code Chapter 60,
NOW, THEREFORE, BE IT
RESOLVED, that after reviewing all of the evidence presented at this time, the Queensbury Town
Board is of the opinion that the home owned by Daniel and Tammy Creeden bearing Tax Map No.: 301.18-
1-72 and located at 29 Fawn Lane, Queensbury appears to be unsafe and dangerous and there is a clear
danger to the life, safety or health of the general public and therefore directs that a Notice be sent to the
property owners consistent with the Queensbury Town Code §60-6 requiring that the property owners
commence within 30 days of service of the Notice securing or removing the unsafe structure and that such
work be completed within 60 days thereafter, and
BE IT FURTHER,
RESOLVED, that the Town Board shall hold a hearing concerning such dangerous and unsafe
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structure on Monday, December 6, 2010 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road,
Queensbury, and
BE IT FURTHER,
RESOLVED, that since the Town Board has determined that there is an imminent chance of danger,
the Town Board wishes to increase the chances of keeping people away from the property and therefore
authorizes the installation of a snow fence around the structure while the Town Board follows the processes
that the Town Code and State Law has in place, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes
Enforcement to serve a notice setting forth its determinations upon the property owners or their executors,
legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the
contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code
Chapter 60 and New York State Town Law §130(16), and
SPECIAL TOWN BOARD MEETING 11-22-2010 MTG#44 120
BE IT FURTHER,
RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury Town
Code Chapter 60, should the property owners fail or refuse to comply with the Order of the Town Board, then
the Town Board shall provide for the structure’s demolition and removal and all expenses thereof will be
levied against the real property and the Town Board may authorize and direct Town Counsel to institute an
action to collect the cost of the repairs or removal, including legal expenses, if necessary.
nd
Duly adopted this 22 day of November, 2010, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
DISCUSSION HELD BEFORE VOTE:
Discussion held regarding resolution the Town Board agreed to add a clause to
the resolution stating the Town Board has determined that there is a imminent
chance of danger, the Town Board wishes to increase the chances of keeping
people away from the property and therefore authorizes the installation of a
snow fence around the structure while the Town Board follows the processes that
the Town Code and State Law has in place.
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLTUION NO. BOH 33, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back
into the Town Board of the Town of Queensbury.
nd
Duly adopted this 22 day of November, 2010, by the following vote:
Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
Noes: None
Absent:None
WGF GLENS FALLS EMS CONTRACT
Discussion held with West Glens Falls Emergency Squad regarding their contract
for 2011. A brief discussion was held regarding the purchase of an ambulance.
After further discussion the board will set a public hearing on December 6, 2010
SPECIAL TOWN BOARD MEETING 11-22-2010 MTG#44 121
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public hearing to be held on December 20, 2010 with a budget total of $612,
697.
BAY RIDGE RESCUE SQUAD, INC.
Discussion held with Bay Ridge Rescue Squad regarding their contract for 2011
and the addition on their building. After further discussion the board agreed to
give an additional $30,000 for engineering and design costs for the addition. After
the bid process is done then they could discuss the purchase of an ambulance.
After further discussion the board will set a public hearing on December 6, 2010
public hearing to be held on December 20, 2010 with a budget total of $426,500.
DISCUSSION ZBA MEETING CONDUCT ISSUES
Supervisor requested the Chairman of the Zoning Board of Appeals to appear in
front of the Town Board regarding comments made at a Zoning Board of Appeals
Meeting of November 17, 2010 regarding Notice of Appeal for Monthie.
Chairman Underwood apologized for his comments made at the meeting. I have
never done that before it is the only time I have ever done it in the history that I
can remember and I would apologize to you guys for putting you on the spot with
those comments that I made there.
RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING
RESOLUTION NO. 382, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its
Special Town Board Meeting.
nd
Duly adopted this 22 day of November, 2010, by the following vote:
Ayes: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
Noes: None
Absent: None
Respectfully Submitted,
Darleen M. Dougher
Town Clerk
Town of Queensbury