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1992-05-12 SPECIAL TOWN BOARD MEETING MAY 12,1992 7:00 P.M. MTG#48 RES#276-279 BOARD MEMBERS PRESENT MICHEL BRANDT -SUPERVISOR BETTY MONAHAN-COUNCILMAN SUSAN GOETZ-COUNCILMAN NICK CAIMANO-COUNCILMAN PLINEY TUCKER-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS DAVEHATIN Supervisor Brandt called meeting to order ... Councilman Monahan requested that resolutions be presented during Regular Public Board Meetings only, unless there's an emergency situation ... Town Board agreed. Discussion held regarding Hovey Pond ... proposed resolution will be presented on Monday, May 18th, the next Regular Board Meeting. Discussion regarding enforcement proceedings with Director of Building and Codes, Dave Hatin ... 1. Flynn Property Mr. Hatin- Two weeks ago, I received a letter from an engineer, Mr. Pikul from Pikul Engineering (letter on file) requesting that the Town take some action on the Flynn Property on Mannis Road. (presented pictures to the Town Board representing the property) He's the engineer for the insurance company reviewing this for Gary Timms, who constructed the wall. His letter states a strong concern for the property being accessible to people who walk on the property or walk down Mannis Road. The engineer noted his concern that the wall may collapse and create harm to someone.. .Mr. Hatin noted that the property is not fenced and he has been in contact with the owners Attorney, Sterling Goodspeed, to date his clients have not done anything...Attorney Dusek stated the law suit that has been pursued by the Town, having three causes of action, one for unsafe structure, one for zoning violation and one for creating a nuisance. Noted the adjoining neighbors have also pursued an action of nuisance... Supervisor Brandt questioned what action to pursue? Attorney Dusek noted, that the Town could order fencing be installed on that property to secure it and post signs. However, under the law, you have to afford him the right to come in and have a hearing before you, before taking any action ...1 would recommend that you afford them a hearing before you make a firm decision, then after the hearing, if you feel it's warranted, you do have the authority to say, get that fence up within so many hours or days, whatever you think is appropriate, and if you don't do it, we're going to do it and we're going to charge it back to you ... Discussion was held, it was the decision of the Board to have Mr. Hatin serve notice on the Flynn's and the following resolution was proposed. RESOLUTION CONCERNING FENCE ON FLYNN PROPERTY RESOLUTION NO. 276, 92, Introduced by Mr. Michel Brandt who moved for it's adoption, seconded by Mr. Nick Caimano. WHEREAS, in Resolution No.: 412, 1990, the Town Board of the Town of Queensbury previously made certain findings and orders concerning certain conditions consisting of an alleged failing retaining wall reportedly existing on property owned by Mr. and Mrs. Flynn on Mannis Road in the Town of Queensbury, and WHEREAS, at such time that the Town Board previously considered the property, an Order was ultimately made which, among other things, instructed Mr. and Mrs. Flynn to install fencing upon the property, such fencing to be located on the roadside as well as the lakeside, and such fencing to be secure fencing secured by post and planted in the ground or otherwise secured as the Flynns and their engineers felt appropriate, and also an Order was made directing that fencing also be placed on adjoining properties, if permissible with the landowners, and WHEREAS, fencing was installed by Mr. and Mrs. Flynn, but it has come to the attention of the Town Board that said fencing is now collapsed or collapsing, and WHEREAS, the Director of Building and Codes Enforcement has issued his report in connection with the same, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after consideration of the reports and the Town Board's previous action, hereby also determines that an unsafe structure exists upon the premises, and that the premises should immediately be secured by way of fencing or in another appropriate manner, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby directs that notice be given to Mr. and Mrs. Flynn and their attorney that an unsafe condition exists upon the property owned by Mr. and Mrs. Flynn as previously determined by the Town Board and that the fencing which was previously installed has fallen down and the same or different fencing must be erected or the property otherwise secured, and posted with no entry or no trespassing or other appropriate signage, and BE IT FURTHER, RESOLVED, that the aforesaid notice shall consist of a letter including a copy of this resolution which shall be personally delivered to the attorney representing Mr. and Mrs. Flynn, and if possible, Mr. or Mrs. Flynn, and BE IT FURTHER, RESOLVED, that Mr. and Mrs. Flynn are hereby notified of the following by service of a copy of this resolution: a. a description of the premises as that premises lying off of Mannis Road near Glen Lake and bearing tax map no.: 40-1-43. b. a statement of particulars in which the structure is considered unsafe or dangerous is provided by reference to the previous resolutions no.: 387 and 412 adopted by the Town Board of the Town of Queensbury and two letters from Rist-Frost Engineers, P.C. c. an order outlining the manner in which the structure is to be made safe and secure or demolished and removed is set forth herein that suitable fencing is to be installed around the perimeter of the premises. d. date, time, and place for a hearing before the Town Board in relation to the matter set forth herein shall be the 18th day of May, 1992, or not less than five days after date of service of this notice. e. in the event of neglect or refusal to comply with this order and secure or correct the unsafe structure or install fencing, the Town Board is authorized to provide for the fencing and pay for the same, and install the same, and assess all expenses thereof against the real property on which it is located and to institute a special proceeding to collect the cost, including legal expenses, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury feels that the fencing should be immediately installed and not await the time period of 30 or 60 days for completion and that in the event that the fencing is not installed prior to the time of the hearing, the Town Board reserves the right to evaluate the circumstances and make a decision after hearing from Mr. and Mrs. Flynn or their attorney as to whether fencing should be installed immediately or within a particular time limit, or by the Town, should Mr. and Mrs. Flynn fail to install the fence. Duly adopted this 12th day of May, 1992, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None 2. c.R. Bard Mr. Hatin-Stated two years ago he had found C.R. Bard constructing an addition to a building without a permit. At that time he advised them they needed a building permit, site plan review, and variance. Since that time he also advised them that anytime they put a new building up or did interior alternations that are required to meet code, that they must submit building permits. Noted that C.R. Baird has voiced strong objections to this. Town Board held discussion, it was agreed that Supervisor Brandt, Ward Representative Susan Goetz and Director of Building and Codes Dave Hatin, schedule a meeting with c.R. Bard representatives. Supervisor Brandt noted he will have his secretary schedule the meeting as soon as possible. Supervisor Brandt-Noted that Paul Naylor would like to schedule a meeting with the Town Board to tour the roads of the Town of Queensbury. It was the decision of the Board to meet on Thursday, May 21st, 4:00 p.m. Mr. Ciccone, Field View Drive-I understand that the Highway Department is proposing to do some work at the entrance of Stonegate Drive ... Don't know what they're proposing to do, but we're not happy about this ... Attempted to contact Paul Naylor but have not heard anything ... Councilman Monahan suggested that the Town Board visit that particular site during the road tour and recommended to Supervisor to contact Paul Naylor, Highway Superintendent, requesting him not to proceed with work until that time ... agreed by the Board. Councilman Monahan-Noted, she had received complaints from residents about the fee being charged for hauling leaves to the landfill...Asked if the fee could be reduced to $1.00? Supervisor Brandt noted that this was a good point and is something that will be addressed... Councilman Monahan also noted she had received complaints about the fee charged for hauling a pickup truck loaded with brush to the landfill...noted Scotty McLaughlins fee is less... Supervisor Brandt stated this is something that the Board will look into further. Tim Burch, Employee of Water Department, Owner of Rainmaker of Queensbury, Inc., a Sprinkler Installation and Service Company in the Town of Queensbury. Noted, he has heard there's been talk among the Board members that there's a possible conflict. I contacted Supervisor Brandt the first day I heard the rumors and he suggested I meet with the Board. Would like to discuss this with the Board openly, get everything out in the open, I have nothing to hide. I'm going to be open and frank and I hope the Board will. Supervisor Brandt noted his conversation with Mr. Burch to the Board. Stated, as part of the record, as an understanding between us, the Board and yourself and you are conducting a business, it's very important that you don't do any of your business during the time you're on payroll for the Town of Queensbury. Mr. Burch agreed. Stated also, that if you work with people in the Town of Queensbury, the people you work with, should not work for you in private. Mr. Burch noted that he works mostly by himself, sometimes his 11 year old son will help. Councilman Monahan requested that if Mr. Burch was on Town time, he not discuss his business with potential clients ... Mr. Burch noted that it has happened ... someone approached me, I told him I could not talk on Town time and suggested he call me after hours. Board agreed, under conditions discussed, that there was no present conflict. Supervisor Brandt requested that a synopsis of discussion be put into a letter, be given to Mr. Burch and made part of the record. Councilman Monahan recommended that a copy be placed in Mr. Burch's personnel file ... Mr. Burch noted that he had given a letter to Mr. Brandt stating that the Town Board is free to inspect any of his equipment, tools, parts, books, client lists, what ever, noting again, that I have nothing to hide. (letter placed on file) Supervisor Brandt requested that this letter also be placed in Mr. Burch's file and at the water department. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 277, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and move into Executive Session to discuss litigation. Duly adopted this 12th day of May, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None RESOLUTION TO RECONVENE RESOLUTION NO. 278, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and move back into Regular Session of the Town Board. Duly adopted this 12th day of May, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None Supervisor Brandt-Noted for the record, a discussion was held regarding a potential settlement on a legal matter ... Attorney Dusek presented agreement. RESOLUTION APPROVING SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS RESOLUTION NO. 279, 92, Introduced by Mr. Nick Caimano who moved for it's adoption, seconded by Mrs. Susan Goetz. WHEREAS, there has been presented to the Town Board a Settlement Agreement and Release of Claims by and between the Town of Queensbury, Industrial Enterprise Sandblast and Paint Company, Inc., Robert L. Merithew, Inc., and Kestner Engineers, P.c., and WHEREAS, the Town Board has reviewed the matter with the Town Attorney who has recommended that the Town Board approve the settlement, NOW THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury after review of the settlement papers hereby indicates it's approval and authorizes the Town Supervisor to execute the same, and BE IT FURTHER RESOLVED, that prior to execution the Town Board will only recommend that and authorize the Supervisor to change the second whereas clause where it refers to Merithew on Page 2, that according to Tom Flaherty it should refer to Conrady Services, and BE IT FURTHER RESOLVED, that any payments due under the settlement papers shall be paid for from the appropriate Water Department Account. Duly adopted this 12th day of May, 1992, by the following vote: AYES: Mr. Caimano, Mrs. Goetz, Mrs. Monahan, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None Discussion Held after vote: Attorney Dusek-Stated for the record, that the Town Board notes that these documents involved in this case may be useful to the Town in the event that it does any repair work on future water tanks and I recommend their consideration. Discussion held on two lot subdivisions. No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk, Town of Queensbury