1982-10-12 G.
� 224 E
TOWN BOARD MEETING OCTOBER 123 1982
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TOWN BOARD MEMBERS
Mrs. Frances Walter-Supervisor
Mr. Daniel Orison-CouneiZman
Dr. Charles Eisenhart-Councilman €
Mr. Daniel MorreZZ-Councilman
Mrs. Betty Manahan-Councilman
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Mr. Joseph Brennan-Town Counsel
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PRESS: G.F. Post Star, WBZA
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GUESTS: Mrs. Huzar, Mr. Brian Harrison, Mr. Ligon, League of Women Voters
j TOWN OFFICIALS: Mr. Paul NayZor, Mr. Rick Missita, Mr. Ralph VanDusen, Mr. Mack Dean
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Meeting Opened 7:38 P.M. Pledge of Allegiance Zed by Supervisor Walter
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PUBLIC HEARINGS
Mobile Home Application of James Ligon of Corinth Rd. to locate a mobile home on
Warren Eane. .approved by BuiVding and Zoning R-?partment
Notice Shown Mr. Ligon was present 7:39 P.M.
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Supervisor Walter- asked for input from the publie. . .none was heard. . .
Councilman Olson- noted that he had visited the site and noted that the people were
cleaning up the Zot. . .
Supervisor Walter- Mr. Ligon, you are in the process of buying the-:lot?
Mr. Ligon- if this goes through. . .
Supervisor Walter- asked for further comments, hearing none the public hearing was closed.
Local Law-The Administration and enforcement of the StdEte Fire Prevention Code.
7:43 P.M. Notice Shown. . .
Supervisor Walter- This is the second public hearing on this local law. . .after the
first hearingjwe took into account the comments and suggestions from the public
and we have made revisions to that local 4aw. . .
Mr. Fischer- noted that he had received the changes today.-. .these are the changes
that were agreed upon. . .
Councilman Eisenhart- noted that this local law in not written in stone� it can be
modified in nears ahead. . .Thanked Joseph Brennan for his help during the recent meeting
with the Fire Study Committee. . .
Councilman MorreZZ-The combined meetings of the members of the Town Board and the Fire
Study Committee was most beneficial in getting input to ironing out problems, I think
{ we have about as good a document asljyou could come up with.
Councilman Olson- Thanked the Fire-men for coming out tonight, and the efforts of the
committee that met with us. . .
Supervisor Walter- asked for further comments, hearing none the public hearing was closed
7:46 P.M.
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RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RESOLUTION Nt)- .342 Introduced by Dr. Charles Eisenhart, who moved for its adoption,.
seconded.by Mr. Daniel Morrell:
RESOLVED, that the Town Board Minutes of September 28, 1982 be and hereby are approved.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
{ 225
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RESOLUTION TO TRANSFER FUNDS
RESOLUTIONa Introduced by Mr. Daniel Olson who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, to transfer $5904.24 from DR5110.462 Highway Repairs and Improvements,
Paving Materials to H2O-3310.440 CHIPS, Capital Traffic Signal for bid for signals
at Bay and Quaker and signal at Quaker and Dix.
Duly adopted by the following vote
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Ayes: Mr. Olson, Dr. Eisenhart, Mr. MorreZZ, Mrs. Monahan, Mrs. Walter
_ Noes: None
Absent: None
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RESOLUTION TO TRANSFER FUNDS
RESOLUTION Introduced by Mr. Daniel Olson who moved for its adoption, seconded j
by Dr. Charles Eisenhart: I
RESOLVED, to transfer $6,910.00 from the Boychuck Fund to C8810.200 Cemetery Equipment
to pay for the purchase of a new vehicle which will be ;reimbursed to the Boychuck Fund
per appropriation in 1983 budget.
Duly adopted by the following vote:
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Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None' -
Absent: None
Supervisor Walter- the Cemetery Comittee had decided that any kind of further re aim
p
to their vehicle was just throwing money away. here was no money in this 1982 budget
for a new automobile. However, there is a fund that is used exclusively for acquisition
of land, capital, although it does not alrbow the purchase of automobiles. I felt
�-- that we could borrow the money so that we could accept the bid on the automobile and
purchase its we could then appropriate the funds in the 1983 budget and pay back the fund.
there is no question that, that automobile was needed.
Councilman Monahan- Ie this Ooing to be payed -back with or without interest?
Supervisor Walter- It will be paid back over a three year period, I do not think in
my budget I have any interest.
Councilman Eisenhart- I do not think we ought to be paying interest. k
Councilman Morrell- If it was still sitting in the Boychuck Fund it would be.
Councilman Monahan-I just wonder about taking something out of an interest bearing fund
it would be accumulating interest for that fund. . .
Supervisor Walter- If the Board wishes to transfer fundsjthen what you are talking about
would be taken up during the budget discussions as to how much money you wanted to be
repaid' to the Boychuck Fund, and whether you wanted to do if tin or three year period of
time.or you want to pay it all back next year. I looked at it being handled as a BAN would
but I did not consider interest because I felt that even though it was a special fund
it was still town money.
RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME
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'-- RESOrUTr N No_ 45_ Introduced by Dr. Charles Eisenhart who moved for its adoption,
seconded by Mr. Daniel Olson:
WHEREAS, James Ligon has made application sn accordance with paragraph 2 (c) Section
431 of an ordinance of the Town of Queensbury entitled; ORDINANCE FOR THE REGULATION !
OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW
YORK, to locate a mobile home at property situated at Warren Lane, and f
1&'REAS, this Town Board has conducted a public hearing in connection with said application
and has heard all persons desiring to be heard in favor of or against said application, and
WHEREAS, it is hereby determined that the facts presented in said application and at said
public hearing are sufficient to authorize the issuance of the permit requested by said
application
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NOW, THEREFORE BE IT
RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission
is hereby given to James Ligon to Locate a mobile home at property situated at Warren
Zane and that the Building Inspector is hereby authorized and directed M issue such
permit in accordance with the terms and conditions of said ordinance.
DuZy adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
RESOLUTION TO ADOPT A LOCAL LAW FOR ADMINISTRATION AND ENFORCEMENT OF THE STATE II!
FIRE PREVENTION CODE
RESOLUTION NO. 346. Introduced by Dr. Charles Eisenhart who moved for its adoption,
! seconded by Mrs. Betty Monahan:
WHEREAS, Article 18-A of the Executive Law authorizes the adoption by the Town of
Queensbury of a Local Law providing for the administration and enforcement of the State
Fire Prevention code, and
WHEREAS, the Fire Study Committee of the Town of Queensbury has recommended the adoption
of such a local Law for the administration and enforcerrnt of the State Fire Prevention
Code in the Town of Queensbury and the necessary repeal in its entirety of the present
Ordinance No. 40 of the Town of Queensbury entitled, "Ordinance Adopting a Fire Prevention
Code, Establishing the position of Fire Marshal and Defining His Powers and Duties", and
WHEREAS, such a proposed Local law, a copy of which is annexed hereto, has been prepared
and presented for consideration by the Town Board of the Town of Queensbury, and
WHEREAS, a public hearing has been held concerning the desirability of the adoption of
said proposed Local Law at which all persons interested in the subject matter thereof were
duty heard, and
WHEREAS, it appears that the proposed local taw in its present form is in compliance
with all Legal requirements and that there has been compliance with all provisions of
Law necessary for the adoption of said Local Law and the repeal of Ordinance No. 40
of the Town of Queensbury,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury adopt the proposed local law
for the administration and enforcement of the State Fire Prevention Code, in the form
annexed hereto, and that Ordinance No. 40 of the Town of Queensbury entitled "Ordinance
Adopting a Fire Prevention Code,Establishing the position of Fire Marshal and Defining
His Powers and Duties" be repeated and, be it further
RESOLVED, that the Town Clerk be authorized and directed to take all necessary action
,3 required by Law relative to the filing and publication of said Local Law as required by
the Municipal Home Rule Law and the Executive Law and any other Lair or statute of the
State of New York and, be it further
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RESOLVED, that the Town Clerk be authorized and directed to take all action required by
law relative to the filing and publication of any notices required to render effective
the repeal of Ordinance No. 40 of the Town of Queensbury and, be it further
RESOLVED, that said Local Law become effective at the earliest possible date provided
by law upon the filing or publication thereof as may be required by Lazo and that the
repeal of Ordinance No. 40 of the Town of Queensbury become effective immediately
at such time that said local Law becomes effective as a matter of Law. j
Duly adopted by the following vote:
1,
Ayes: Mr. Olson, Dr. Eisenhart, Mr. MorreZZ, Mrs. Monahan., Mrs. Walter
Noes: None
Absent: None
LOCAL LAW #1 1982
A LOCAL LAW FOR ADMINISTRATION AND ENFORCEMENT OF THE STATE FIRE PREVENTION CODE
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Section 1 - Applicabilitz,
Thii Local law shall provide the basic method for administration and enforcement
of the State Fire Prevention Code in the Town of Queensbury and shall establish
powers, duties and responsibilities in connection therewith.
Section 2.- Effective Date.
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2hvs local Law shall take effect immediately upon the filing thereof in the
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Office of the Secretary of State of the State of New York as required by
j MLmicipaZ Home Rule Law IV 27. f
Section 3.—Administration.
3.1 The Town Board of the Town of Queensbury shall administer the State t
Fire Prevention Code within the Town of Queensbury.
3.2 There is hereby designated the Fire Code Enforcement Officer of the I
Town of Queensbury to enforce the State Fire Prevention Code within
the Town of Queensbury, which authority of the Fire Code Enforcement
Officer shall be subordinate to the final authority of the Town Board
of the Town of Queensbury relative to enforcement matters. The
appointment of a ;dire Code Enforcement Officer shall be made by the
Town Board of the Town of Queensbury. The Town Board shalt determine I
the required qualifications for the position of Fire Code Enforcement
Officer, all terms and conditions of the Fire Code Enforcement
Officer's employment and the Fire Code Enforcement Officer- shaZZ
serve at the Leave and will of the Town Board of the Town of
Queensbury. The Fire Code EnforcementrOffieer shall at all times be
subject and subordinate to the authority of the Torun Board.
The Fire Study Committee of the Town of Queensbury shall act as an
advisory body to the Town Board with respect to the determination of
the required qualifications for the position of Fire Code Enforcement
Officer and with respect to the appointment of the Fire Code
Enforcement Officer by the Town Board. The recommendations of th6
Fire Study Committee shalt be considered by- the Town Board but said
recommendations are to be advisory only and shall not be binding on
the Town Board.
The Fire Study Committee of the Town of Queensbury shall consist of
not more than three (3) members in good standing of each fire company
in the Town of Queensbury. Each fire company shall select its
representatives to the Fire Study Committee in accordance with its
own procedures.
Section 4.- Partial Invalidity. 1
If any section of this local law shall be held unconstitutional, invalid, or
in effective, in whole or in part, such determination shall not be deemed to
affect, impair, or invalidate the remainder thereof.
Section 5.- Rules and Regulations.
5. 1 The Town Board of the Town of Queensbury may adopt rules and I
regulations for the administration and enforcement of the State ,Fire
Prevention Code. The Fire Study Committee shalt serve as an advisory
body to the Town Board concerning the adoption of such ruUs; and
regulations, which :r:-.iZes and regulations shall not conflict with the
State Fire Prevention Code, this local law or any other provisions of
Law.
5.2 The Town Board of the Town of Queensbury shall publish all rules?and
regulations at least ten (10) days prior to the effective date
thereof in a newspaper of general circulation within the Town of i
Queensbury.
Section 6.-Permits.
6. 1 Upon payment of a fee as prescribed in the Schedule of fees adopted
by the Town Board of the Town of Queensbury, if any permits, shall be
issued by and bear the name and signature of the Fire Code
Enforcement Officer and shall specify:
Activity or operation for which permit is issued.
Address or Location where activity or operation
is to be conducted. {{
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Name and address of permittee.
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Permit number and date of issuance.
Period of permit validity.
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6.2 Permits sh&1 Z not be transferable and any change in activity, opera-
tion ownership, or use shaZZ require a new permit.
6. 3 Permits shaZl continue until revoked or for a period of time
designated at the time of issuance. An extension of the permit time
period may be granted provided a satisfactory reason can be shown for
failure to start or complete the work or aetivity authorized within r
the required time period.
6.4 Permits shaZZ be obtained for the following:
Acetylene Generators: To operate an acetylene generator having a
calcium carbide capacity exceeding five pounds.
Automobile Tire Rebuilding Plants: To operate an automobile tire
rebuilding plant.
j Automobile Wrecking Yards: To operate an automobile wrecking yard.
! Bow Zing Establishments: For BowZing pin refinishing and bowling Zane
resurfacing operations involving the use and application of flammable
or combustible liquids or materials.
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1 Cellulose Nitrate Motion Picture Film: To store, keep or have on
hand more than 25 pounds of cellulose nitrate motion picture film.
Cellulose Nitrate Plastics (pyroxylin) :
(a) To store, keep or have on hand more than 25 pounds of
cellulose nitrate plastics (pyroxylin).
(b) To manufacture articles of cellulose nitrate plastics
(pyroxyZin) which shaZZ include the use of cellulose
nitrate plastics (pyroxylin) in the manufacture or
assembling of other articles.
Combustible Fibers: To store, handle, or use combustible fibers in
quantities in excess of 100 cubic feet, except agricultural products
on a farm.
Compressed Gases:
(a) To store, handle, or sue at normal temperatures and
pressures more than
1)2,000 cubic feet of fZammable compressed gas, or
2) 6,,000 cubic feet of nonfZammable compressed gas.
(b) To store, handle, or use any quantity of ',Ziquefied natural
or hydrogen gas.
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Cyrogenics: To store, handle, or use crrogenic fluids, except
cryognics used as a motor fuel and stored in motor vehicle tanks, as
follows:
(a) Production, sale, or storage of cryogenic fluids,
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(b) Storage or use of flammable cryogenic fluids, cryogenic
oxidizers, or Ziquefied oxygen in excess of 10 gallons.
DrycZeaning Plants: To use in excess of 4 gallons of solvents or
cleaning agents classified as flammable or combustible.
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Dust Producing Plants: To operate any grain elevator, flour, starch,
j or feed mi Z, woo orking plant, or plant pulverizing aluminum, coal,
cocoa, plastics, magnesium, spices, sugar, suZfur, or other materials
producing expZosive-potentiaZ dust.
ExpZosive Ammunition and BZasting Agents:
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(a) To manufacture, possess, store, sell, or otherwise dispose
of explosives and blasting agents.
(b) To use expZosives or blasting agents.
i (e) To operate a terminal for handling explosives or blasting
agents.
FZammable and Combustible Liquids:
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(a) To store, handle, or sue flammable liquids in excess of 6,
gallons inside dwellings; or in excess of 10 gallons inside
any other building or other occupancy; or in excess of 60
gallons outside of any building.
This provision shaZZ not apply to: (1) Liquids in the fuel
tank of a motor vehicZe, aircraft, portable or stationary
engine, boat, or portable heating plant; (2) Paints, oils,
varnishes or similar flammable mixtures, when such liquids
are stored for maintenance, painting, or similar purposes.
(b) To store, ahndZe, or use combustible liquids in excess of
25 gallons inside a building, or in excess of 60 gallons
outside of a building.
This provision shaZZ not apply to fuel oil used in
connection with oil burning equipment.
(e) A permit shall be obtained for the initial installation of j
an oil burner and a fuel oil tank used in connection
therewith. A permit shaZZ be required for the replacement
of a fuel oil tank connected to an oil burner.
(d) For processing, blending, or refining of flammable or
combustible Ziquids.
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Flammable Finishing: For spraying, coating, or dipping operations
utilizing flammable combustible liquids.
Fruit ripening Process: To conduct a fruit ripening process using
ethylene gas.
Fumigation and Thermal Insecticidal Fogging: To conduct fumigation
or thermal insecticidal fogging operations.
Hazardous Chemicals:
(a) To store, handle, or use more than 55 gallons of corrosive
liquids; or more than 50 pounds of oxidizing materials; or
more than 10 pounds of organic peroxides; or more than 50
pounds of nitromethane or 1,000 pounds or more of ammonium
nitrate, ammonium nitrate fertilizers and fertilizer mixtures
containing 60 percent or more ammonium or any amount of toxic
material or poisonous gas.
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(b) To store, handle, .or use any quantity of air-reactive,
water-reactive, or unstable materials.
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Junk Yards: To operate a junk yard.
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Liquefied Petroleum Gas For each installation of liquefied
petroleum gas employing a container or an aggregate of interconnected
containers of over 2,000 gallons water capacity, and for each
permanent installation, irrespective of size of containers, made at
buildings in which 20 or more persons congragate for civic.
political, educational, re igious, social or recreational purposes.
Installers:; shall maintain a record of all installations:; and
replacement of portable cylinders, and have it available for
inspection. f
Lumber Yards: To operate a lumber yard.
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Magnesium For melting casting, heart treating, machining„'or
grinding of more than 10 pounds of magnesium per working day.
Matches:
fa) To manufacture matches.
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(b) To store matches in excess of 25 cases.
(Note: One case equals one matchman's gross of 14,400
matches.)
Organic Coatings: To perform organic coating operations utilizing
more than one gallon of organic coating on any working day.
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Ovens and Furnaces: To operate industrial processing ovens and
furnaces operatvng at approximately atmospheric pressures and
temperatures not exceeding 1400 F which are heated with oil or gas E
fuel or which during operation contain flammable vapors from the
material in the oven or catalytic combustion system.
Places of Assembly: To maintain, operate, or use a place of
I assembly.
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! Service Stations and Repari Garages: To operate a service station or
repair garage.
Welding and Cutting; To operate a welding and cutting business.
A record of all Locations where welding or cutting operations are
performed shaZZ be maintained and kept available ofr inspection by
the permit holder.
6. 5 Consolidated Permits. When more than one permit is required for the
same property or premises, a single permit may be issued Listing all
materaals or operations covered. Revocation of a portion or portions
of such consolidated permit, for specific hazardous materials or
operations, shall not invalidate the remainder.
6.6 Location of Permits. Permits ahZt be kept on property or premises
covered by the permit or carried by the permit holder.
6. 7 Revocation of Permits. Permits may be suspended or revoked when it
is determined there is a violation of a condition under which the
permit was issued, or there has been misrepresentation or
falsification of material facts in connection with the permit
application or a condition of the permit.
Section 7.-Inspections.
7.1 The Fire Code Enforcement Officer shall conduct periodic inspections
for compliance with the provisions of the State Fire Prevention Code.
Such inspections may be made at any reasonable time.
7.2 If entrance to make an inspection is refused or cannot be obtained,
the Fire Code Enforcement Officer, if authorized by the Town Board of
the Town of Queensbury, may apply for a warrent to make an inspection
to any court of competent jurisdiction.
Section 8.-Violations.
8.1 A p ers6n ownin g, operating, occu py in g or maintaining property or
premises within the scope of the State Fire Prevention Code or this
Local Law shaZZ comply with all the provisions of the State Fire
Prevention Code, this Local Law, and all orders, notices, rules,
regulations or determinations issued in connection therewith.
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8.2 Whenever the Fire Code Enforcement Officer finds that there has been
j a violation of the State Fire Prevention Code, this Local, law, or any
rule or regulation adopted pursuant to this local Zarb, a violation
order shall be issued to the person or person responsible.
8. 3 Violation orders shall be in writing; shall identify the property or
1 premises; shall specify the violation and remedial action to be
taken; shall provide a reasonable time Limit for compliance; and
shall state the time within which an appeal may be taken.
8.4 Violation orders may be served: by personal service, by mailing by
registered or certified mail; or by posting a copy thereof in a
A conspicuous place on the premises, and by mailing a copy thereof to
the premises on the same day as posted, encZosed in a postpaid
wrapper addressed to the person responsible.
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8.5 in case the owner, Zessor, occupant or the agent of any of them shall
fail, neglect or refuse to remove, eliminate or abate the violation
within the time specified in the violation order, a request to take
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appropriate Legal action, shaZZ be made to the.Town Board of the Town
of Queensbury.
Section 9.-PenaZties.
9. 1 Failure to compy with any provisons of the State Fire Prevention
j Code, this Local Zara, rules ar regulations adopted pursuant to this
I Local Zara, or a violation order shaZZ be deemed a violation and the
j violator shall be liable for a fine of not Less than TWENTY-FIVE
($25.00) DOLLARS nor more than ONE HUNDRED ($100.00) DOLLARS, or
imprisonment not to exceed ninety (90) days, or both, and each day
such violation continues shaZZ constitute a separate violation.
9.2 An action or proceeding in the .name of the Town of Queensbury may be
commenced in any court of competent jurisdiction to conpeZ compliance
with or restrain by injunction the violation of any provision of the
State Fire Prevention Code, this Local Law, rule or regulation
adopted pursuant to this Local Law, or a violation order, or to
vacate the occupancy or building in the case of imminent danger to
Life or property. Such remedy shall be in addition to penalties
otherwise prescribed by law.
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SECTION 10- Records.
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The Fire Code Enforcement Officer shall keep official records of all permits, `
inspection reports, recommendations, complaints and violation orders. ?
SECTION 11 - Removal of Dangerous Buildings or Structures.
11. 1 A building or structure or part thereof, which is an imminent danger
to Life and safety of the public as a result of a fire or explosion
is hereby declared to be a public nuisance.
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11. 2 Whenever the Fire Code Enforcement Officer or the Fire Chief of the
fire compnay within whose territory the building or structure is
Located, finds a building or structure, or part thereof, to be an t'
imminent danger to Life and safety of the public as a result of a
fire or explosion, the Fire Code Enforcement Officer or said Fire
Chief, upon being granted prior approval thereof by the Town Board of
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the Town of Queensbury, may cause it to be demolished and removed or
may cause work to be done in and about the building or structure as
may be necessary to remove the danger.
Whenever the Town Board of the Town of Queensbury finds a building or
structure, or part thereof, to be an imminent danger to Life and
safety of the public as a result of a fire or explosion, the Town
Board of the Town of Queensbury, may cause it to be demolished and
removed or may cause work to be done in and about the building or
structure as may be necessary to remove the danger.
11.3 The Fire Code Enforcement Officer, upon prior approval thereof by the
Town Board of the Town of Queensbury, may require the occupants
of any such building or structure, or part thereof, to vacate the
premises forthwith, No person shall use or occupy such building or
structure, or part thereof, until it is made safe.
Except for the owner, no person shall enter premises which have been
ordered vacated unless authorized to perform inspections, repairs, or f
to demolish and remove such building or structure, or part thereof. !
11.4 ALL costs and expenses incurred by the Town of Queensbury in connection
with any work done to remove the danger, or in connection
with the demolition and removal of any such building or structure
shall be assessed against the land on which such buiZding or
1 structure is Located, and a bill for such expenses shaZZ be presented
to the owner of the property, or if the owner cannot be ascertained, r
then such bill shall be posted in a conspicuous place on the
premises. Such assessment shall be, and constitute a Lien upon such
Land. if the owner shall fail to pay for such expenses within then
days after the bill is presented or posed, a Legal action may be
brought to collect such assessment or to forclose such Lien. As an
alternative to the maintenance of any such action, the Fire Code
Enforcement Officer, upon the prior approval of the Town Board of the
Town of Queensbury, may file a certificate of the actual expenses
incurred as aforesaid, together with a statement identifying the
property in connection with which the expenses were incurred, and the
owner thereof, with the assessor, who shall in the preparation of the
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;next assessment roll assess such amount upon such property. Such
amount shall be included in the Levy against such property, shall
constitute a lien and shall be collected and enforced in the same
manner, by the same proceedings, at the same time, and under the same f
penalties, as is provided by Law for the collection and enforcement '
of real property taxes in the Town of Queensbury.
{ Section 12.-Review Board.
12.1 The Town Board of the Town of Queensbury shaZZ act as a board of
review for the purpose of granting variances where enforcement of any
provisions or requirements of the State Fire Prevention Coee results in
practical difficulties or unnecessary hardships. Any such variance
shall be consistent with the spirit of the Code and shall not be
inconsistent with subdivision two of section three hundred ninety one of
' the Executive law.
1
Upon the scheduling of a public hearip to consider any application
for such a variance or variances, the Fire Code Enforcement Officer
and the Fire Chief of the fire company within whose territory the
premises are Located shall be notified of such application for a
variance or variances and the scheduling of the p-AbZic hearing
relative thereto.
12.2 The Town Board of the Town of Queensbury may adopt regulations
governing its procedures as a board of review and appropriate forms
for efficient administration.
12.3 The Fire Code Enforcement Officer and the Fire Chief of the fire
company within whose territory the premises are Located shall obtain
a copy of the decision of the Town Board acting as a board of review
for the records of the Fire Code Enforcement Officer and said Fire
Chief and/or fire company.
Supervisor Walter- announced that we have not as of yet received final approval
from State Dept. of Audit and Control on Big Bay Big Boom Water Dist. . .
Noted that proper paper work had been sent to Audit and Control and was Lost
in their office, another set has been prepared and sent to Audit and Control now
awaiting the final order. . .
Discussion held in regard to accepting the following roads into the Town Highway {
System Fox Hollow and Dartmore Drive.
Supervisor Walter this is something that was Laid over since Last year under our
former Highway Supt, who indicated that Dartmore Drive and Pox Hollow Lane was
acceptable but no action was taken, it was never brought before the Board.
we have a Letter from Mr. Naylor, he will accept the roads if the Board does . . .
Councilman OZson- noted he remembered a problem between the map and the description
of the road ways. . .
Mr. KeZZy- noted that the proper paper work was submitted Last year by his attorney
to Mr. Brennan, noted also that he had spoken to Mr. GeaZt and Mr. FZaherty and had
their verbal ok. . . assumed that the Road was accepted—noted in the summer a Lot
was sold and a house was built on a corner of an already accept highway, the driveway
faced the new streetyat this time we found out it was not an accepted town road. . . I did
my part according to the old ruZes,,now due to somethingp that I had no control over
. . .since I had my part done�and somewhere along the Town endjit faiZedjwhy should I
be penalized. .
Mr. Jospeh Brennan- What Mr. Kelly said is fact . . Mr. Kelly 's attorney prepared
the necessary papers, I did not receive a Letter of acceptance from the Highway
Supt. to my knowledge, Mr. Flaherty did send me a letter. . Mr. Kelly is correct
this was through no fault of his. . .noted that in the o deed the whole road
was included, this was noted and a new deed was prepared with just the sections
described that were to be accepted. . .
Councilman Olson- discussed possible drainage problems on Fox Hollow in one area. . .
Councilman Eisenhart- questioned if there was going to be a drainage problem?
Mr. Paul Naylor- I doubt that there will be a problem with the lay of the Land. . .
Supervisor Walter- You have met with W. Kelly and talked about the problems, did you
suggest any measures?
Mr. Naylor- yes and he took care of them. . .
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Supervisor Walter- I think that the Town has got to take some responsibility for
having Zed a person to believe that things were going aZZ right,when in fact nothing
was being done at aZZ. This Board was never aware that these roads were up for
acceptance or received anything from our former Highway Supt.
This is an accepted Subdivision. . .
Air. KeZZy-I know you are concerned about water, I can to, Paul has basically described
to you where we are routing the water-aZZ I, ean say to you.4 to make you
more comfortable,#of all the other hundreds of Zots that we have in that area I think
as developers I think we have tried to cooperate with the Town. It is my feeling that
I do not want to have Zots that are unsaZeable. . .noted that if a problem comes up
in the next few years it can be corrected at the time of the acceptance of the '
j roads extensions,. . , There is Zand Zower than anything that we are talking about,
25 to 301 Zower. . .
Councilman OZson- I would think pipe should be put in now. . .If we accept a few thousand
feetjis that going to set an example that someone will come in a year of two from now
and say they want it accepted under the old requirements?
j Mr. Joseph Brennan- I think this is a unique situation. . .
Councilman Olson- I just want the Board to realize that I think you are going to find
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some more of these down the Zine, there is an ordinance that this Board adopted, as Zong
as we are only taking p art of it I will su pp ort the res Z
ution. . .
Supervisor Walter- The other roads must be paved and I think that Mr. KeZZy understands. . .
RESOLUTION TO ACCEPT DEED FOR TOWN HIGHWAYS
�RESOIIITION NO. 342, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded
by Mrs. Frances Walter:
WHEREAS, the Executors. of the Last WiZZ and Testament of MabeZ C. Ellsworth, have
executed and offered a deed for two town roadways, each of which is not less than 50
feet in width, which roadways are described in Schedule "All attached hereto and made
a part hereof, and
WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has
advised that he recommends that this Board accept these Zands for highway purposes
into the Town highway system, and
WHEREAS, Thomas K. Flaherty, Water Superintendent of the Town of Queensbury, has
approved the water Zine installations on said Zands as having been made in
accordance with the requirements of the Town of Queensbury Water Department, said lands
being included within the geographical boundaries of the Queensbury Water District, and
WHEREAS, the form of the deed has been approved by Joseph R. Brennan, Esquire, counsel
to the Board,
NOW, THEREFORE BE IT
RESOLVED, thatthe aforementioned deed be and that the same is hereby accepted and approved
and that. the Town Clerk be hereby authorized and directed to cause said deed to be recorded
in the Warren County Clerk's Office after which said deed shaZZ be properly filed and
maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further
RESOLVED, that these new roads be hereby added to the official inventory of Town Highways
to be described therein, respectively, as follows: Road No. 387 Description : beginning
at Sunset Drive northerly a distance of 525 feet Name Fox Hollow Lane
Road No. 388 Description beginning at Fox Hollow Lane n/w a distance of 358 and 25
hundredths of a mile ending at Fox Hollows Zane Name: Dartmore Drive mileage: 358 and
25 hundredths.
DuZy adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
Supervisor Walter- re: Top of the World Project. . .Planned Unit Development Project
noted that the information such as survey maps, soil analydi;s etc. have been submitted
f
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Mr. Boyes and Mr. Harrison are present this evening.. .,gupervieor Walt6b,, requested that
the Town Board set the PiUic Hearing tonight. . . this is a proposed planned unit development,
in the present location of Top of the World it is a project that will consist of 250
units of time share condominiums, golf course, indoor and outdoor cburtisports-;',swimming
pools and restaurant, meeting areas, nature trails on about fourteen hundred acres.
RESOLUTION TO SET PUBLIC HEARING ON PUD
ZWjWL1.ON NO, 348 Introduced by Dr. Ghar+Zesl!Eisenharh whovwdved fmt,�its adoption,
by Mrs. Daniel Morrel:l.•
Resolution forth coming from Town Counsel to be found on page
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
Supervisor Walter- requested a five minute recess. . .
Recess over. . .
Discussion held on Resolution No. 349 a resolution to set a public hearing on a
proposed local Zara regulating parking during the winter months. . .
CounciZman Eisenhart- we have agreed to change the restricted hours from 11 to 7 to
12 midnight to 6 a.m. Supervisor Walter- question section 6 o the proposed local
law, asked if a Police Agency would have a better chance of ascertaining the owner
of a vehicle. . .Town Counsel, yes but you cannot mandate a police agency to do such work. . .
it was suggested that the Highway Supt. ascertain the names of the owners of vehicles
through the police agencies. . .
RESOLUTION TO SET PUBLIC HEARING REGARDING LOCAL LAW ON REGULATING PARKING DURING
THE WINTER MONTHS
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RF�nr.nTrnN NO_ 349_. Introduced by Dr. Daniel Olson who moved) for its adoption,
seconded by Dr. Charles Eisenhart:
WHEREAS a significant problem has existed in the T`cwn orf. Queensbury for many years
concerning the overnight parking of vehicles on public highways within the Town of
Queenabur�y,:dubing .the Winter months, which parking interferes with the efficient
and prompt removal of snow from said public highways, and
WHEREAS, the Superintendent of Highways of the Town of Queensbury has recommended the
option of a Zaw to regulate parking on public highways in the Town of Queensbury
during the winter months and
A proposed Local Law, a copy of which is hereto annexed, has, been prepared and presented
for consideration by the Town Board of the Town of Queensbury, which will regulate parking
on public highways in the Town of Queensbury for the period from November 15 through
March 31 in each and every year hereafter, and
WHEREAS, a public hearing is mandated by law prior to consideration of the proposed
Local Law for adoption by the Town Board of the Town of Queensbury, and ))
WHEREAS, the proposed Local Lana is worthy of consideration for ZegisZative action,
NOW, THEREFORE, BE IT
RESOLVED, that a public hearing be held concerning the proposed adoption of a Local
Law regulating overnight winter parking on public highways in the Town of Queensbury,
in the form annexed hereto, and that said public hearing be held at 7:30 p-.-M.
in the Meeting Room of the Town of Queensbury Office Building, Bay and Haviland Roads,
in the Town of Queensbury, Warren County, New York on October 26, 1982 at which all
persons interested in the subject matter thereof will be heard, and be it further
RESOLVED, that the Town Clerk be hereby directed and authoirzed to public and provide
notice of said public hearing as may be required by law.
Duly adopted by the following vote:
Ayds: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
1
235
Noes: None
I
Absent; None
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COMMUNICATIONS I
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Ltr. D.O.T. on file will investigate the lowering of the speed limit on Sweet Road. . .
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Ltr. Dick Roberts on file approval of the proposed rezoning on West Mountain
area near Tuthill Road and Luzerne Mt. Rd. . . .Planning Board
Bid Opening-Traffic Signals
Russell Brown Elec. Contractors
P. O. Box 647 Glens Falls N.Y. Dix and Quaker $12.9300.00
Bay & Quaker $ 8,200.00 non coZ. attached
-- Itr.- Paul Naylor-accept the bid of Brown Bros Elec. on file. . .
RESOLUTION TO ACCEPT BID ON TRAFFIC SIGNALS
RTi'QnT.TTmTnnT TTn 2Sn Introduced by Mr. Daniel Olson who moved for its adoption, seconded
by Mrs. Betty Monahan:
WHEREAS, Mr. Paul Naylor, Highway Superintendent for the Town of Queensbury did
recommend that we advertise for bids for installation of traffic signal equipment, and
WHEREAS; one bid was submitted and received and opened at the specified time and
place by the Director of Purchasing/Town Clerk Donald A. Chase, and such bids were then
turned over to Mr. Naylor for his recommendation, and
WHEREAS, Mr. Naylor by letter has recommended that the bid be awarded to Russell
Brown Electrical Contractor, now, therefore be it
RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of
Russell Brown Electrical Contractor in the amount of $20,500.00, and be it further
RESOLVED, that the financing for such materials is included in the 1982 budget.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
Ltr.- AWWA expressing their appreciation for the hosting of the 1982 AWWA Fail Conference
Ltr.-Ralph VanDusen - requesting permission to attend the AWWA Fall meeting in
Saratoga Springs Water Superintendent, Deputy Superintendent and Assistant Foreman
RESOLUTION TO ATTEND CONFERENCE
RESOLUTI0 NO, 351— Introduced by Dr. Charles Eisenhart who moved for its adoption,
seconded by Mr. Daniel Olson:
RESOLVED,' that permission is hereby granted to the Queensbury Water Superintendent,
Deputy Superintendent and Assistant Foreman to attend the Fall meeting of the AWWA
to be held in Saratoga Springs on October 28, 1982 and be it further
RESOLVED, that the Town Board authorizes payment of all reasonable and necessary
Lill expenses.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
RESOLUTION SETTING PUBLIC HEARING REGARDING ZONING CHANGE
F1F.RnT.T1TTON Nn_ 352-_ Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Mrs. Betty Monahan:
236
Resolution for.bhcoming from Town Counsel, to be found on page_.
1
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
The following reports were placed on fiZe: Town CZerk-month', of September
Building & Zoning-month of September t
i
j OPEN FORUM 9:12 P.M.
Mrs. Huzar- Rainbow TrZ. Queensbury-we were invited here this evening to hear
the report, prepared by Mr. Scudder, is it ready?
1 Supervisor Walter- I do not have the report from Mr. Scudder, noted that Mr. Olson
jwas looking for a preliminary report but Mr. Scudder's work is almost finished
and I have told him that because his work was almost completed there was no need
for the preliminary report, in the next few days we will have the final report.
Mrs. Huzar- Wit type of engineer is Mr. Scudder?
Supervisor Walter-Sanitary Engineer
Mrs. Huzar- How much has he been paid to work on the survey?'
Supervisor Walter- he works on an hourly basis, he has not submitted a voucher. . . .
Mrs. Huzar- will that be public knowledge
1 Supervisor Walter- yes . . .I will call you when we get the report. . .we will invite
the Landfill committee and the Town Board for a meeting
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION NO. 3.i Introduced by Dr. Charles Eisenhart who moved for its adoption
seconded by Mr. Danze2 Olson:
RESOLVED, that Audit of Bills as Listed on Abstract No. 82-1,OA and numbered
1728 through 1876 and totaling $90870. 33 be acid hereby is approved.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
Discussion held in regard to a road that runs between Sperry Road off Big Bay Road
and Egan Road which runs west from Big Bay Road to Dave Richardson's House, the
residents of the area by petition stated that the road has been maintained by
the Town for over seven years Mr. Joseph Brennan- will prepare , a resolution
stating this is a road by use- ayked that Mr. Naylor get a proper description
for the road.. .
Supervisor Walter- noted that she had received a letter from a Dr. regarding
the health of a resident of Queensbury, noted the health of the individual
is zfffeeted by a large pine tree which hangs over the house. . .part of the tree
belongs to Mr.' Naylor. . .Mr. Naylor noted that the area is surrounded by Pine
Trees. . .Supervisor Walter it is the eonsens ue of the Town Board not to move
in any direction in regard to this problem. . .
Discussion Knox Road. . .Attorney Joseph Brennan-received a letter from Mr. Knox
he wishes to convey to the Town 201, Mr. Knox was notified that the Town would
only accept 50 ' and the road would have to be brouOht up to 'specification. . .As
far as I am concerned, you have it listed in the Town inventory of Highway, you
have had the Town caring for and maintaining that road for at Least 30 years,
I do not think that there is any question, the Town's position is that it isj
and has been a Town road by use.
Discussion held in regard to a tree on Greenway Dr. that is ''blocking a steet light
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