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1979-12-27 REPORTS : TOWN CLERK, DOG WARDEN, POLICE, AND BUILDING & ZONING, 67 SUPERVISORS MONTHLY REPORT ON FILE COMMUNICATIONS : LTR. MARY CRAWFORD . . IN REGARD TO ROAD DEFECT (SHERWOOD ACRES) CC : TO TOWN COUNSEL AND TOWN HIGHWAY SUPT. . . .ON FILE OPEN FORUM 7 : 54 P.M. MR. ARTHUR TURNBULL-QUESTIONED THE TOWN BOARD IN REGARD TO THEIR STAND ON CASINO GAMBLING . . .NOTED HIS DISAPPROVAL. . . SUPERVISOR BRANDT-TO THE BEST OF MY INFORMATION THE TOWN BOARD HAS NO SAY ON CASINO GAMBLING, IN FACT I DO NOT THINK THAT THE COUNTY DOES AT THIS POINT. . .WARREN COUNTY HAS NOT BENDESIGNATED AS AN AREA FOR CASINO GAMBLING . . . I AM DEAD SET AGAINST IT. . . COUNCILMAN EISENHART- I AM OPPOSED TO GAMBLING . . I THINK IT IS DESTRUCTIVE AND UNDESIRABLE IN THE COMMUNITY. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLU Nn- 414 INTRODUCED BY MR. MICHEL BRANDT WHO MOVED FOR ITS ADOP ION, SECONDED BY DR. CHARLES EISENHART: RESOLVED, THAT AUDIT OF BILLS AS LISTED ON ABSTRACT NO. 79-12A AND NUMBERED 1820 THROUGH 1.951 AND TOTALING $57, 172 . 85 BE AND HEREBY IS APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MRS . WALTER, MR . ROBERTSON, MR . BRANDT NOES : NONE ABSENT : NONE ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY, DONALD A. CHASE TOWN CLERK POSTPONED REGULAR MEETING DECEMBER 27, 1979 MEMBERS PRESENT: MICHEL BRANDT-SUPERVISOR DANIEL OLSON-COUNCILMAN DR. CHARLES EISENHART-COUNCILMAN HAMMOND ROBERTSON-COUNCILMAN JOSEPH BRENNAN-TOWN COUNSEL MEMBERS ABSENT : MRS . FRANCES WALTER-COUNCILMAN MEETING OPENED AT 7 :40 P.M. SALUTE TO THE FLAG LED BY SUPERVISOR BRANDT (COUNCILMAN EISENHART WAS NOT IN ATTENDANCE DURING THIS PORTION OF THE MEETING) RESOLUTION TO APPROVE MINUTES RFSOI IITTnni Kin Lil5p INTRODUCED BY MR. . HAMMOND ROBERTSON WHO MOVFD FOR ITS ADOPTION, SECONDED BY MR . DANIEL OLSON : RESOLVED, THAT THE MINUTES OF DECEMBER 11, 1979 BE AND HEREBY ARE APPROVED . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, MR. ROBERTSONI MR. BRANDT NOES : NONE ABSENT: DR. EISENHART, MRS . WALTER 68 RESOLUTION TO ADVERTISE FOR BIDS REGARDING TRANSPORTATION OF THE ELDERLY IN THE TOWN OF QUEENSBURY RFSOLUTTON Nn _ 416 _ INTRODUCED BY MR. DANIEL OLSON, WHO MOVED FOR ITS ADOPTION, SECONDED BY MR . HAMMOND ROBERTSON : WHEREAS, THE TOWN BOARD OF THE TOWN OF QUEENSBURY WISHES TO ADVERTISE FOR BIDS FOR THE TRANSPORTATION OF THE ELDERLY IN THE TOWN OF QUEENSBURY THEREFORE BE IT RESOLVED, THAT THE TOWN OF QUEENSBURY SOLICIT SEALED BIDS FOR TRANSPORTATION OF THE ELDERLY IN THE TOWN OF QUEENSBURY, AND THAT THE FOLLOWING NOTICE BE PUBLISHED IN THE OFFICIAL NEWSPAPER TO READ IN THE FOLLOWING FORM: NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY WILL RECEIVE SEALED PROPOSALS FROM PERSONS WISHING TO PROVIDE TRANSPORTATION FOR THE ELDERLY IN THE TOWN OF QUEENSBURY . A COMPLETE COPY OF THE SPECIFICATIONS WILL BE AVAILABLE IN THE OFFICE OF THE TOWN CLERK. BIDS WILL BE RECEIVED UP TO 2 : 00 P. M. ON THE 22ND. DAY OF JANUARY 1980 AT THE TOWN CLERK' S OFFICE IN THE QUEENSBURY TOWN OFFICE BUILDING, BAY AND HAVILAND ROADS, GLENS FALLS, NEW YORK 12801, AT WHICH TIME THE BIDS WILL BE OPENED AND READ ALOUD. BIDS MUST BE SUBMITTED IN SEALED OPAQUE ENVELOPES MARKED ' ' TRANSPORTATION FOR THE ELDERLY BID' ' AND THERE SHALL BE INCLUDED WITH SUCH BID THE CERTIFICATE OF NON-COLLUSION AS REQUIRED BY SECTION 103D OF THE GENERAL MUNICIPAL LAW. THE TOWN BOARD WILL MEET AT THE QUEENSBURY TOWN OFFICE BUILDING AT 7 : 30 P.M. ON THE 22ND . DAY OF JANUARY 1980 AT WHICH TIME THE BIDS WILL BE REVIEWED AND A DECISION MAY BE MADE AS TO THE AWARDING OF THE BID . THE TOWN BOARD RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS . DULY ADOPTED BY THE FOLLOWING VOTE : --1 AYES : MR. OLSON, MR . ROBERTSON, MR. BRANDT NOES : NONE ABSENT: DR . EISENHART, MRS . WALTER RESOLUTION TO TRANSFER FUNDS RFSni [ITT nN Nn _ 417 , INTRODUCED BY MR. MICHEL BRANDT WHO MOVED FOR ITS • ADOPTION, SECONDED BY MR . HAMMOND ROBERTSON : WHEREAS, FUNDS ARE NECESSARY TO COVER COSTS OF GAS BILLS FOR THE BUILDING AND ZONING DEPARTMENT, NOW, THEREFORE BE IT RESOLVED, TO TRANSFER $110 . 00 FROM A909, GENERAL FUND SURPLUS TO A8010 . 440, BUILDING AND ZONING CONTRACTUAL. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, MR. ROBERTSON, MR. BRANDT NOES : NONE ABSENT: DR. EISENHART, MRS . WALTER -- RESOLUTION TO TRANSFER FUNDS IN WATER DEPARTMENT RFSO-LUTTON No. w4LL INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MR . DANIEL OLSON : WHEREAS, A SURPLUS EXISTS IN SW1-8320 . 430, QUEENSBURY WATER SOURCE OF POWER AND SUPPLY UTILITIES, AND WHEREAS, A DEFICIT EXISTS IN QUEENSBURY WATER ADMINISTRATION CONTRACTUAL AND QUEENSBURY WATER ADMINISTRATION, INSURANCE, NOW, THEREFORE BE IT 0. r,)t;..� I d J`l,7'),r RESOLVED, TO TRANSFER $-2-; x-:75 FROM SW1 8320 . 430, SOURCE OF POWER � V AND SUPPLY,J\UTILITIES TO SW1 8310 . 440, OUEENSBURY WATER, ADMINISTRATION CONTRACTUAL AND $53 . 00 TO SW1 8310 . 420 QUEENSBURY WATER, ADMINISTRATION, INSURANCE FOR -COSTS:- OF DATA PROCESSING FOR WATER BILLING A14D INCREASE IN INSURANCE PREMIUMS DUE TO NEW TRUCK BEING ADDED TO POLICY. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR . OLSON, MR. ROBERTSON, MR . BRANDT NOES : NONE ABSENT: DR. EISENHART, MRS . WALTER RESOLUTION TO TRANSFER FUNDS RESOLUTION Nn_ 41,L INTRODUCED BY MR. MICHEL BRANDT WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. HAMMOND ROBERTSON : WHEREAS, THE TOWN OF OIJEF.NSBURY HAS A CONTRACT WITH WARREN COUNTY PLANNING SERVICES, PER RESOLUTION #87 OF 3-29-77 NOW, THEREFORE BE TT RESOLVED, TO TRANSFER $1, 317 . 67 FROM A909, GENERAL FUND BALANCE TO A8020 . 440, PLANNING CONTRACTUAL . DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON, MR. ROBERTSON, MR. BRANDT NOES ' NONE ABSENT : DR, EISENHART, MRS , WALTER RESOLUTION TO TRANSFER FUNDS RFFcOltjTnN Nn 4 0 . INTRODUCED BY MR. HAMMOND"ROBERTSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. MICHEL BRANDT: WHEREAS, FUNDS ARE NECESSARY TO COVER BILLS FROM KESTNER ENGINEERS FOR UPGRADING THE WATER SYSTEM AT POTTER ROAD AND SHERMAN AVENUE, NOW, THEREFORE BE IT RESOLVED, TO TRANSFER $39,659 . 93 FROM SURPLUS TO SW1 8340 . 400 Ol1FENSBURY WATER, TRANSMISSION AND DISTRIBUTION, CONTRACTUAL CAPITAL ACCOUNT AS FOLLOWS : $ 4, 582 . 15 FROM SW1 2140 METERED SALES 6, 216 . 76 FROM SW1 2142 UNMETERED SALES 7, 332 . 15 FROM SW1 2144 WATER CONNECTIONS 1, 759 . 53 FROM SW1 2148 INTEREST & PENALTIES 14, 669 . 09 FROM SW1 2401 INTEREST & EARNINGS 5, 100 . 25 FROM SW1 2650 SALE OF SCRAP DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR, OLSON, MR . ROBERTSON, MR. BRANDT NOES : NONE ABSENT: DR, EISENHART, MRS . 14ALTER RESOLUTION TO TRANSFER FUNDS IN HIGHWAY DEPARTMENT I R S IIITTnN Nn �491 - INTRODUCED BY MR. MICHEL BRANDT WHO MOVED FOR ITS -- ADOPTION, SECONDED BY MR. DANIEL OLSON : WHEREAS, FUNDS ARE NECESSARY TO COVER COSTS OF TWO NEW TRUCKS WITH PLOW, AND DUMP BODY, PER RESOLUTION 225, NOW, THEREFORE BE IT RESOLVED, TO TRANSFER $82, 471 . 00 FROM .A909, FUND BALANCE TO DM5130 . 200, HIGHWAY MACHINERY, EQUIPMENT. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR, ROBERTSON, MR , BRANDT NOES : NONE ABSENT: DR, EISENHART{ MRS , WALTER 70 DISCUSSION HELD ON MCCORMICK DRIVE-APPROVAL GIVEN FROM CARL GARB- HIGHWAY SUPT . AND THOMAS FLAHERTY WATER SUPT . TOWN COUNSEL REVIEWED THE ROAD. . . RESOLUTION TO ACCEPT DEED FOR HIGHWAY RFSOILLLQ i j 4a; INTRODUCED BY MR. MICHEL BRANDT WHO MOVED FOR ITS ADOPTION, SECONDED BY MR . HAMMOND ROBERTSON : WHEREAS, PETER J . FERRONE AND JOSEPHINE R. FERRONE, HAVE EXECUTED AND OFFERED A DEED FOR A TOWN ROAD NOT LESS THAN FIFTY FEET (50 ' ) IN WIDTH, WHICH IS DESCRIBED THEREIN IN SCHEDULE ' 'A' ' ATTACHED HERETO AND MADE A PART HEREOF, AND WHEREAS, CARL A. GARB, SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF QUEENSBURY, HAS ADVISED THAT HE RECOMMENDS THAT THIS BOARD ACCEPT THIS LAND FOR HIGHWAY PURPOSES INTO THE TOWN HIGHWAY SYSTEM, AND WHEREAS, THOMAS K. FLAHERTY, TOWN OF QUEENSBURY WATER SUPERINTENDENT HAS ADVISED THAT HE RECOMMENDS THAT THIS BOARD ACCEPT THIS LAND FOR HIGHWAY PURPOSES INTO THE TOWN HIGHWAY SYSTEM, WHICH LAND IS LOCATED WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE QUEENSBURY WATER DISTRICT, AND WHEREAS, THE FORM OF THE DEED HAS BEEN APPROVED BY JOSEPH R. BRENNAN, ESQ. COUNSEL TO THE BOARD, NOW, THEREFORE BE IT RESOLVED, THAT THE AFOREMENTIONED DEED BE AND THE SAME IS HEREBY ACCEPTED AND APPROVED AND THAT THE TOWN CLERK IS HEREBY AUTHORIZED AND DIRECTED TO CAUSE SAID DEED TO BE RECORDED IN THE WARREN COUNTY CLERK' S OFFICE AFTER WHICH SAID DEED SHALL BE FILED IN THE OFFICE OF THE TOWN CLERK OF THE TOWN OF QUEENSBURY, AND BE IT FURTHER RESOLVED, THAT THE NEW ROAD IS HEREBY ADDED TO THE OFFICIAL INVENTORY OF TOWN HIGHWAYS, RESPECTIVELY DESCRIBED AS FOLLOWS : ROAD NO . 366 DESCRIPTION BEGINNING AT NORTHWOOD DR . EASTERLY . 20 ENDING AT DEAD END . NAME PORTION OF MCCORMACK DRIVE MILEAGE : . 20 DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, MR. ROBERTSON, MR . BRANDT NOES : NONE ABSENT : DR. EISENHART, MRS . WALTER DISCUSSION HELD ON ACCEPTANCE OF LAMBERT DRIVE . . . MR. GARB HAS PRESENTED A LETTER OF APPROVAL. .ON FILE . . . RESOLUTION TO ACCEPT DEED FOR HIGHWAY RE W 1,in 423 _ INTRODUCED BY MR . MICHEL BRANDT WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL OLSON : WHEREAS, ANTHONY A. LOCASCIO, HARRY BARGMANN AND ARTHUR BARETTA, HAVE EXECUTED AND OFFERED A DEED FOR A TOWN ROAD NOT LESS THAN 50 FEET IN WIDTH, WHICH IS DESCRIBED IN SCHEDULE ' 'Alt ATTACHED HERETO AND MADE A PART HEREOF, AND WHEREAS, CARL A. GARB SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF QUEENSBURY, HAS ADVISED THAT HE RECOMMENDS THAT THIS BOARD ACCEPT THIS LAND FOR HIGHWAY PURPOSES INTO THE TOWN HIGHWAY SYSTEM, AND WHEREAS, THOMAS K. FLAHERTY, WATER SUPERINTENDENT OF THE TOWN OF QUEENSBURY, HAS ADVISED THAT THESE PREMISES ARE NOT SITUATE WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE QUEENSBURY WATER DISTRICT, AND WHEREAS, THE FORM OF THE DEED HAS BEEN APPROVED BY JOSEPH R. BRENNAN, ESQ. COUNSEL TO THE BOARD, NOW, THEREFORE BE IT RESOLVED, THAT THE AFOREMENTIONED DEED BE AND THE SAME IS HEREBY ACCEPTED AND APPROVED AND THAT THE TOWN CLERK IS HEREBY AUTHOIRZED i 71 AUTHORIZED AND DIRECTED TO CAUSE SAID DEED TO BE RECORDED IN THE WARREN COUNTY CLERK' S OFFICE AFTER WHICH SAID DEED SHALL BE FILED IN THE OFFICE OF THE TOWN CLERK OF THE TOWN OF QUEENSBURY, AND BE IT FURTHER RESOLVED, THAT THE NEW ROAD IS HEREBY ADDED TO THE OFFICIAL INVENTORY OF TOWN HIGHWAYS TO BE DESCRIBED THEREIN AS FOLLOWS : NAME : LAMBERT DRIVE ROAD NO. 378 DESCRIPTION SHERMAN AVENUE NORTHERLY TO DEAD END MILEAGE: . 32 DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON, MR. ROBERTSON, MR. BRANDT NOES : NONE ABSENT: DR . EISENHART, MRS . WALTER COMMUNICATIONS LTR. ON FILE FROM DEC THANKING THE TOWN BOARD FOR THEIR RESOLUTION OF APPRECIATION IN REGARD TO THE PCB CLEAN UP . . . (COUNCILMAN DR. CHARLES EISENHART ENTERED THE MEETING) DISCUSSION HELD ON THE AMENDMENT TO THE CONTRACT HELD BY RIST FROST ASSOCIATION CONSULTING ENGINEERS . . .MR . IRISH PRESENTED THE INFORMATION TO THE TOWN BOARD. . . (ON FILE) . . . SUPERVISCR BRANDT- OUR CONTRACT MUST SHOW WHAT WAS DONE OR WE CANNOT COLLECT FEDERAL MONIES . . . COUNCILMAN ROBERTSON REQUESTED A NET FIGURE OF WHAT THE TOWN HAS LEFT TO PAY . . . MR . IRISH . . .APPROXIMATELY $9, 200 . 00 . . . COUNCILMAN ROBERTSON. . THAT INCLUDES ALL OF 21 THROUGH 31 IN YOUR REPORT, WHICH IS WINDING UP THE REVIEW INVESTIGATION AND REPORT OF THE TRI CO. TAX PAYERS ALLEGATIONS AND THAT BASICALLY COMPLETES OUR STEP ONE GRANT? MR. IRISH YES . . . DISCUSSIO N HELD ON NEGATIVE DECLARATION LETTER . . . COUNCILMAN OLSON-NOTED THAT HE WOULD LIKE TO SEE A COPY OF THE LETTER, THE BOARD NEVER RECEIVED ONE . . . COUNCILMAN ROBERTSON-RE : NEGATIVE DECLARATION LETTER-WE HAVE TO SEE HOW, WARREN COUNTY BOARD OF SUPERVISORS AND THE WARREN COUNTY SEWER AGENCY REACTS TO THIS BECAUSE THERE IS NOTHING THAT WE CAN DO EXCEPT TO HAV' RAY GET THE PAPER WORK IN ORDER . . . COUNCILMAN OLSON- QUESTIONED IF ,KIST FROST WOULD BE CHAD NG THE TOWN FOR LEGAL ACTION AGAINST THE TAXPAYERS ASSOCIATION RE : ALLOGATIONS46a+ THEIR WORK. . . RAY IRISH. . . WE WILL RESPOND ON BEHALF OF THE TOWN, BUT ANY LEGAL ACTION WILL BE TAKEN ON BY RIST FROST. . . RESOLUTION TO AMEND RIST FROST CONTRACT RF(;m ilTTnnl Kin U9Ur INTRODUCED BY MR.- MICHEL BRANDT WHO MOVED FOR ITS ADOPTION, SECONDED BY MR . HAMMOND ROBERTSON: RESOLVED, THAT PRESENT CONTRACT WITH RIST FROST BE AMENDED AS PER RIST FROST PROPOSAL AMENDMENT NUMBER III DATED 12-27-1979, AND BE IT FURTHER RESOLVED, THAT THE TOWN BOARD HEREBY EMPOWERS SUPERVISOR MICHEL R. BRANDT TO SIGN SAID AMENDMENT ON BEHALF OF THE TOWN OF QUEENSBURY . DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON, DR . EISENHART, MR. ROBERTSON, MR . BRANDT NOES : NONE .� ABSENT: MRS. WALTER DISCUSSION HELD ON TINA LANE . .MR. GARB PRESENTED HIS RECOMMENDATION OF APPROVAL. . . RESOLUTION TO ACCEPT DEED FOR HIGHWAY RFCnIIITTnlrin L49S INTRODUCED BY MR. HAMMOND ROBERTSON, WHO MOVED FOR ITS ADOPTION, SECONDED BY MR . DANIEL OLSON: WHEREAS, MICHEL R. BRANDT AND MARY E . BRANDT, HAVE EXECUTED AND OFFERED A DEED FOR A TOWN ROAD NOT LESS THAN 50 FEET IN WIDTH, WHICH IS DESCRIBED 72 DESCRIBED IN SCHEDULE ' 'All ATTACHED HERETO AND MADE A PART HEREOF, AND WHEREAS, CARL A. GARB, SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF QUEENS- BURY, HAS ADVISED THAT HE RECOMMENDS THAT THIS BOARD ACCEPT THIS LAND FOR HIGHWAY PURPOSES INTO THE TOWN HIGHWAY SYSTEM, AND WHEREAS, THOMAS K. FLAHERTY, WATER SUPERINTENDENT OF THE TOWN OF QUEENSBURY, HAS ADVISED THAT THESE PREMISES ARE NOT SITUATE WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE QUEENSBURY WATER DISTRICT, AND WHEREAS, THE FORM OF THE DEED HAS BEEN APPROVED BY JOSEPH R. BRENNAN, ESQ. , COUNSEL TO THE BOARD, i NOW, THEREFORE BE IT i RESOLVED, THAT THE AFOREMENTIONED DEED BE AND THE SAME IS HEREBY ACCEPTED AND APPROVED AND THAT THE TOWN CLERK IS HEREBY AUTHORIZED AND DIRECTED TO CAUSE SAID DEED TO BE RECORDED IN THE WARREN COUNTY CLERK' S OFFICE AFTER WHICH SAID DEED SHALL BE FILED IN THE OFFICE OF THE TOWN CLERK OF THE TOWN OF QUEENSBURY, AND BE IT FURTHER RESOLVED, THAT THE NEW ROAD IS HEREBY ADDED TO THE OFFICIAL INVENTORY OF TOWN HIGHWAYS TO BE DESCRIBED THEREIN AS FOLLOWS : ROAD NO. 379 DESCRIPTION WEST MT. ROAD EASTERLY TO DEAD END . NAME : TINA LANE MILEAGE : . 10 DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR . ROBERTSON NOES ' NONE ABSENT: MRS . WALTER ABSTAIN: MR. BRANDT OPEN FORUM: 8 : 27 P. M. MR . DANIEL MORRELL- THANKED MR. BRANDT FOR THE FINE JOB THAT HE HAD DONE FOR THE LAST FOUR YEARS ESPECIALLY IN THE CONDUCTING OF THE TOWN BOARD MEETINGS . . . MRS . MILLER- CORNER OF SWEET BRIAR AND HAVEN LANE . . (TWO OTHER RESIDENTS OF THE AREA ALSO PRESENT) SPOKE TO THE TOWN BOARD OF THEIR CONCERN OVER INCREASING VANDALISM IN THEIR AREAS . . .NOTED THAT THE POLICE HAVE BEEN CALLED IN ON SEVERAL INSTANCES . . . SUPERVISOR BRANDT- REQUESTED THAT MRS . SHENK CONTACT CHIEF JUDKINS AND SET UP A MEETING WITHTiE RESIDENTS OF THE AREA. . . RESOLUTION TO APPROVE SPECIAL AUDIT` OF BILLS RFC.,(;0:!.LTT^^..�.l 41n•.—&2f; ,W INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MR . MICHEL BRANDT : RESOLVED, THAT AUDIT OF BILLS AS LISTED ON ABSTRACT NO . 12-C 1979 AND NUMBERED 1958 THROUGH 2072 AND TOTALING $85, 567 . 03 BE AND HEREBY IS APPROVED, AND BE IT FURTHER RESOLVED, THAT AUDIT BILLS NUMBER 2003 THROUGH 2023 WERE PULLED FROM THE AUDIT. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR . OLSON, DR. EISENHART, MR. ROBERTSON, MR. BRANDT NOES : NONE ABSENT: MRS. WALTER ON MOTION THE MEET WAS ADJOURNED. RESPECTFULLY, DONALD A. CHASE TOWN CLERK RESOLUTION TO ABATE NUISANCE RESSOLUT nN N�O, 402 INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MR . MICHEL BRANDT : WHEREAS, ROBERT A. REID M. D. LOCAL HEALTH OFFICER OF THE TOWN OF QUEENSBURY, HAS INFORMED THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH OF THE TOWN OF QUEENSBURY, OF THE CONTINUING EXISTENCE OF CERTAIN CONDITIONS AT THE PREMISES SITUATE ON OHIO AVENUE IN THE TOWN OF QUEENSBURY IDENTIFIED ON WARREN COUNTY TAX MAP AS 8-127-5-4, WHICH IN HIS OPINION, CONSTITUTE A NUISANCE AND ARE DETRIMENTAL TO THE PUBLIC HEALTH, AND WHEREAS, DR. REID HAS INFORMED THE TOWN BOARD, AS THE LOCAL BOARD OF `- HEALTH OF THE TOWN OF QUEENSBURY, THAT SAID CONDITIONS CONSIST OF AN OVERFLOWING SEPTIC SYSTEM AND THE ACCUMULATION OF SUBSTANTIAL QUANTITIES OF TRASH AND GARBAGE WHICH SERVE AS A BREEDING GROUND FOR �-- RATS, AND WHEREAS, THE LOCAL BOARD OF HEALTH HAS BEEN INFORMED THAT THE RECORD OWNERS OF SAID PREMISES ACCORDING TO THE LAND RECORDS OF THE WARREN COUNTY CLERK' S OFFICE ARE ELIJAH THORPE AND INA FOX, EACH OF WHOM THE TOWN BOARD IS ADVISED IS DECEASED AND WHEREAS, THE RECORDS OF WARREN COUNTY FAIL TO DISCLOSE ANY PROCEEDINGS IN THE SURROGATE ' S COURT OR ANY RECORDS OF THE WARREN COUNTY CLERK° S OFFICE RFFLECTING ANY TRANSFER OF OWNERSHIP OF THIS PROPERTY, AND WHEREAS, THE LOCAL BOARD OF HEALTH HAS BEEN INFORMED THAT THE TENANTS AT SAID PREMISES ARE MRS . MARTHA LAFRENIERE AND HER CHILDREN, AND WHEREAS, DR. REID HAS INFORMED THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH, THAT HE HAS PREVIOUSLY PROVIDED TO MRS . MARTHA LAFRENIERE A WRITTEN ORDER TO CORRECT AND CAUSE THE ABATEMENT OF THE AFORESAID CONDI- TIONS AND THAT NO SUCH CORRECTIVE ACTION HAS BEEN TAKEN, AND WHEREAS, THE TOWN BOARD AS THE LOCAL BOARD OF HEALTH, HAS CAUSED A WRITTEN NOTICE TO BE PERSONALLY SERVED ON MRS. MARTHA LAFRENIERE THAT A HEARING WOULD BE HELD BY THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH, CONCERNING THE ALLEGED EXISTENCE OF CONDITIONS PURPORTEDLY AMOUNTING TO A PUBLIC NUISANCE AND AS BEING DETRIMENTAL TO THE PUBLIC HEALTH, AT 8 : 30 P.M. ON DECEMBER 4, 1979 AT THE QUEENSBURY TOWN OFFICE BUILDING, LOCATED AT BAY & HAVILAND ROADS I.N THE TOWN OF QUEENSBURY, FOR A DETERMINATION CONCERN- ING THE EXISTENCE OF THE ALLEGED CONDITIONS AND WHETHER AN ORDER SHOULD BE ISSUED BY THE TOWN BOARD OF HEALTH, MANDATING THE SUPPRESSION OR REMOVAL OF THE ALLEGED NUISANCE AND/OR CONDITION DETRIMENTAL TO PUBLIC HEALTH IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 13 OF THE PUBIIC HEALTH LAW OF THE STATE OF NEW YORK, THERE BEING FURTHER NOTICE TO MRS . LAFRENIERE THAT ANY EXPENSES INCURRED BY THE TOWN OF OUEENSBURY IN CONNECTION WITH THE ABATEMENT OF SAID CONDITION COULD BECOME A LIEN AGAINST THE PROPERTY IF REDUCED TO JUDGMENT AND WHEREAS, SAID HEARING WAS HELD BY THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH, AT THE SCHEDULED TIME AND PLACE AND WHEREAS, AT SAID HEARING DR . REID INFORMED THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH, OF THE CONTINUING EXISTENCE OF THE CONDITIONS DESCRIBED ABOVE AT SAID PREMISES AND `-- WHEREAS, DR. REID EXPRESSEDHIS PROFESSIONAL MEDICAL OPINION THAT SUCH CONDITIONS CONSTITUTE A HEALTH HAZARD AND ARE DETRIMENTAL TO THE PUBLIC HEALTH AND WHEREAS, MRS . MARTHA LAFRENIERE APPEARED AT SAID HEARING AND ACKNOWLEDGED THE CONTINUING EXISTENCE OF EACH OF SAID CONDITIONS AND WHEREAS, IT WOULD APPEAR THAT ACTION TO ABATE SAID CONDITIONS IS REQUIRED IN THE PUBLIC INTEREST, NOW, THEREFORE BE IT RESOLVED, THAT THE CONDITIONS AT THE AFORESAID OHIO AVENUE PREMISES BE DETERMINED A NUISANCE AND CONDITION DETRIMENTAL TO THE PUBLIC HEALTH AND IT IS HEREBY ORDERED, THAT THE QUEENSBURY HIGHWAY DEPARTMENT ENTER UPON SAID PREMISES 74 AND REMOVE AND ABATE SAID NUISANCE AND CONDITION DETERMINED TO BE DETRIMENTAL TO THE PUBLIC HEALTH AND BE IT FURTHER ORDERED THAT A PRECISE RECORD OF ALL EXPENSES INCURRED IN CONNECTION WITH THE REMOVAL AND ABATEMENT OF SAID NUISANCE AND CONDITION DETRIMENTAL TO THE PUBLIC HEALTH BE PREPARED AND MAINTAINED BY THE QUEENSBURY HIGHWAY DEPARTMENT. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR . OLSON, DR . EISENHART, MRS . WALTER, MR. ROBERTSON, MR . BRANDT NOES : NONE ABSENT: NONE --� RESOLUTION TO ABATE NUISANCE RFSO UTION NO. 403 _ INTRODUCED BY MR . MICHEL BRANDT WHO MOVED FOR ITS ADOPTION, SECONDED BY DR . CHARLES EISENHART : WHEREAS, AT SAID PUBLIC HEARING DESCRIBED IN RESOLUTION NO. 402 1980 ROBERT A. REID, M. D. LOCAL HEALTH OFFICER OF THE TOWN OF QUEENSBURY, FURTHER INFORMED THE TOWN BOARD THAT THERE HAD BEEN A RECENT FIRE AT THE PREMISES OCCUPIED BY MRS . MARTHA LAFRENIERE AND HER CHILDREN SITUATE ON OHIO AVENUE IN THE TOWN OF QUEENSBURY AND IDENTIFIED ON THE WARREN COUNTY TAX MAPS AS 8-127-5-4, AND THAT, AS A RESULT THEREOF, CERTAIN CONDITIONS EXISTED WITH RESPECT TO THE BURNED PORTION OF THE STRUCTURE WHICH ALSO CONSTITUTED A NUISANCE AND WHICH ARE DETRIMENTAL TO THE PUBLIC HEALTH, AND WHEREAS, MRS . LAFRENIERE ACKNOWLEDGED AT SAID PUBLIC HEARING THAT SAID CONDITIONS AS A RESULT OF THE FIRE DID EXIST AND THAT THERE WAS CONCERN THAT SUCH COULD CAUSE INJURY TO ANY PERSON ON THE PREMISES AND WHEREAS, IT WOULD APPEAR TO BE IN THE PUBLIC INTEREST TO CAUSE THE REMOVAL AND ABATEMENT OF SAID CONDITIONS EXISTING AS A RESULT OF AND BY VIRTUE OF THE RECENT FIRE AT SAID PREMISES AND { i i WHEREAS, A HEARING WAS HELD AS PROVIDED= IN RESOLUTION NO. 377, ABOVE, WITH RESPECT TO THE EXISTENCE OF A NUISANCE CONDITION OR CONDITION DETRIMENTAL TO THE PUBLIC HEALTH CREATED AS A RESULT OF SAID FIRE, AND WHEREAS, IT WOULD APPEAR THAT ACTION BY THE TOWN BOARD, AS THE LOCAL BOARD OF HEALTH, TO ELIMINATE AND ABATE SAID EXISTING CONDITIONS IS MANDATED BY THE CIRCUMSTANCES SURROUNDING THE SAME, NOW, THEREFORE, BE IT RESOLVED, THAT THE CONDITIONS RESULTING FROM THE FIRE AT THE OHIO AVENUE PREMISES AS AFORESAID BE DETERMINED TO BE A PUBLIC NUISANCE AND CONDITION DETRIMENTAL TO THE PUBLIC HEALTH AND IT IS HEREBY ORDERED, THAT THE QUEENSBURY HIGHWAY DEPARTMENT ENTER UPON SAID PREMISES AND REMOVE AND ABATE SAID NUISANCE AND CONDITION DETRIMENTAL TO THE PUBLIC HEALTH AND BE IT FURTHER ORDERED, THAT A PRECISE RECORD OF ALL EXPENSES INCURRED IN CONNECTION WITH THE REMOVAL AND ABATEMENT OF SAID NUISANCE AND CONDITION DETRIMENTAL TO THE PUBLIC HEALTH BE PREPARED AND MAINTAINED BY THE QUEENSBURY HIGHWAY DEPARTMENT. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR . EISENHART, MRS . WALTER, MR. ROBERTSON, MR. BRANDT NOES : NONE ABSENT: NONE I