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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