DRAFT COPY- MINUTES
SPECIAL MEETING OF THE TOWN
BOARD
OF THE TOWN OF SARATOGA, 30
FERRY ST.,
SCHUYLERVILLE, NY
Tuesday, February 27, 2007
7:34 p.m.
Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance
at 7:34 p.m.
Roll
call: Ruth Drumm, Town Clerk, called the roll.�
Supervisor Thomas Wood- present, Councilman Fred Drumm- present,
Councilman Charles Hanehan- absent, Councilwoman Betty Koval � present,
Councilman Michael McLoughlin � present
Also present: Town Attorney William Reynolds, Calvin Gong, Laurel Stephenson, Stenographer, Deputy Town Clerk Linda McCabe, Town Engineer Kenneth Martin, and other interested members of the public were also present.
New Business:
Supervisor Thomas Wood
explained that the purpose of the meeting is to conduct a hearing regarding the
property at 1390 Rt. 9P owned by Calvin Gong.�
He explained that the board has received numerous complaints as to its
unsightly and unsafe condition and that various actions have been taken by the
town but still no improvements have been made to the property.�
Supervisor Thomas Wood
added that a stenographer will be present and persons will be sworn in before
giving their testimony.� A transcript
will be available upon request for a fee.�
Town Attorney William
Reynolds explained that on February 12, 2007 a legal action against Calvin Gong
was authorized by the town board based upon receipt and review of a report
dated February 9, 2007 prepared by Town Engineer Kenneth Martin, PE regarding
the property of Calvin Gong at 1390 Rt. 9P.�
Town Engineer Kenneth Martin examined the property on January 18,
2007.�� He examined both the interior
and exterior of the building and took numerous photographs.� He produced a written report of his findings
dated February 9th stating his professional opinion that the
building has been so structurally damaged by the fire that it is subject to
partial or complete collapse.� He also
noted that there is also considerable debris on the property.�� Town Attorney William Reynolds added that
Chapter 182�3 of town code refers to structures that are unsafe or dangerous to
the public.� It gives provisions to
conduct a hearing to determine if the report by Town Engineer Kenneth Martin is
accurate and a Notice of Enforcement went to Calvin Gong which provides him
with the opportunity to be heard.� The
Notice of Enforcement and the Affidavit of Service with the engineer�s report
have been given to the town board and Calvin Gong has also had a chance to
review the report.� Town Attorney
William Reynolds noted that he has also been sited for violations of Section
216 of the town code which deals with the dumping of rubbish and debris.�
Town Attorney William
Reynolds then asked Town Engineer Kenneth Martin to give further evidence to
the board.�
Town Engineer Kenneth
Martin was then sworn in by Laurel Stephenson.�
Town Attorney William Reynolds asked Town Engineer Kenneth Martin to
state his qualifications for the record.�
He responded that he is a Professional Engineer with 30 years experience
and a principal with Jarrett- Martin Engineers.��
Town Engineer Kenneth
Martin stated he examined the structure for the purpose of evaluating the
structural integrity of the existing burned out portion of the structure and of
the new section of roof that has been partially constructed.� He found that the new construction of the
roof rafters was insufficient and they are bending.� The existing collar ties have failed and are not supporting the
roof (photo #4385).�� The roof rafters
have charred areas on each side � to ⅜ inch deep which leads to a 33%
decrease in timber.� Part of the older
building has splices in the roof rafters. The splice is approximately 13� in
length except for the one in photo #4398 which is not spliced and has a ��
separation.� He added that there is an
area of the kitchen floor that has dropped 3� to 6� which indicates the
foundation or floor system has failed in the middle of the floor.� The utilities (plumbing systems, heating
system and electrical systems) have not been used in approximately 6 years
since the fire and appear to be in such disrepair that the systems would need
replacing.�
Town Engineer Kenneth
Martin then presented exterior photos of the building as shown in Exhibit
photos # 2 through 13.� These photos
show there are pallets, concrete blocks, ladders and scaffold leaning into
trees and against the house.� There is
lumber from demolition, lattice for fence, a dishwasher, garbage cans etc. in
the yard area.� Across the road on the
Saratoga Lake Beach frontage, there is a pile of lumber from demolition debris,
a canoe, garbage can, concrete block and fencing etc.
Town Engineer Kenneth
Martin stated in his opinion the structure is not suitable for anyone to live
in or for repair.� Town Attorney William
Reynolds then read a paragraph from Town Engineer Kenneth Martin�s report as
follows:� This structure has been so
structurally damaged by the fire; has such faulty construction past and
present; has a rotted floor system or unstable foundation; that it is my
opinion the structure is now subject to possible partial or complete collapse,
and should be demolished.� Town Engineer
Kenneth Martin confirmed that his opinion was based on Engineering Standards.
Town Attorney William
Reynolds and Town Engineer Kenneth Martin concluded presentation of the town�s
evidence and findings.� (A copy of Town
Engineer Kenneth Martin�s report is on file in the minutes� appendix.)
Supervisor Thomas Wood
invited Calvin Gong to address the board with his proofs, comments or evidence.
Calvin Gong was then sworn in by Laurel Stephenson.�
Calvin Gong stated that
when he was served, his copy of the engineer�s report did not include any
photographs. He stated that he is at a disadvantage due to that.� He requested and received the photographs
and was allowed time to review them.
Calvin Gong responded to
Town Engineer Kenneth Martin�s report of the inspection done on January 18,
2007.� He disagreed that the new roof
rafters on the south side of the new roof away from the boat launch were not up
to building code. He then referenced the International Residential Code page
264 regarding roof and ceiling construction and table 802.5.1.(8) ground snow
load which uses 70 pounds per square foot, not 65 pounds per square foot (NYS
Building Code).� He asked to see Mr. Martin�s
engineering calculations.� He added
regarding the roof rafters not being in place he filed for a Building Permit
about a year ago and after 3 months of work on the temporary roof a Stop
Work Order was issued. He explained that is why
the new roof is not secure as it is a work in transition.� Supervisor Thomas Wood explained to Calvin
Gong that the reason the Stop Work Order
was issued is that a formal� engineering
plan was requested stamped by a professional engineer of the work to be done
and he did not provide one.� Calvin Gong
stated that he did submit a handwritten plan.�
Supervisor Thomas Wood stated that it did not meet the specifications
required.��
Calvin Gong then
addressed the matter of the attic space and the 2� x 4� ceiling joist failure.� He stated that the 2� x 4� construction is
what was used in the 50�s or 60�s when the house was built.� He stated that his point is that the created
space is in transition.� He then
addressed the problem noted with the new roof not being fitted properly and
again referred to the Stop Work Order
being given and that he had to stop work.�
He stated that he was able to secure his roof and it did withstand the
Valentine�s Day 28� snowfall.� It is
still standing.� He agreed with Town
Engineer Kenneth Martin�s opinion that it is subject to partial or complete
collapse but disagrees that it should be demolished.� He noted that it has withstood windstorms, snowstorms and adverse
weather for over six years since the fire and remains standing.� Calvin Gong then stated that the splices
were not by today�s code and the 1� x 4� is not a structural problem but a
cosmetic problem.� He noted that the
crawl space is by the code.� Regarding
the plumbing, heating and electrical systems, they are not in use since the
house has not been lived in since the fire.�
He added that the first thing Niagara Mohawk Power Corporation did
during the fire was cut the electrical power so there should be no concern of
an electrical hazard.� In his conclusion
to the board, he asked the board to allow him a more formal presentation.��
Supervisor Thomas Wood
asked Calvin Gong what degree he has and Calvin Gong responded that he is a RPI
graduate of 1981 with a Bachelor of Science Degree in Mechanical
Engineering.� He then asked Calvin Gong
what year did the fire happen and Calvin Gong could not remember.� He then asked Calvin Gong if it has been six
or seven years and Calvin Gong agreed.�
Supervisor Thomas Wood asked if the building has continued to
deteriorate over the six or seven years and Calvin Gong agreed that it
had.� Supervisor Thomas Wood asked
Calvin Gong if there is any reason to believe that the building would be
repaired and Calvin Gong responded that he was doing that until he was issued a
Stop Work Order.� Supervisor Thomas Wood then noted that it
was issued due to his failure to present a stamped engineered plan. Calvin Gong
stated that he did submit plans that he drew up himself using his engineering
knowledge.� Supervisor Thomas Wood added
that you have to have plans and they need to be approved and that his plans did
not meet the requirements and specifications.��
Supervisor Thomas Wood
then asked if anyone present would like to give a statement on Calvin Gong�s
behalf.� No one came forward.� He then allowed comments from four others
who all stated that the property is an eyesore.�
Supervisor Thomas Wood
asked if any board members would like to ask Calvin Gong any questions.� Councilman Michael McLoughlin asked him how
much longer he would need to remedy the situation.� Calvin Gong responded that his intention is to fix the house as
he is also tired of looking at it.� He
would have the roof by the summer of 2007.�
He then added possibly by September or October of 2007.� Councilman Michael McLoughlin asked if it
would be better to start over instead of trying to fix the house.� Calvin Gong stated that he has a fixation on
old houses and with his background he is capable of fixing it.� Councilman Michael McLoughlin suggested he
sell the lot and enjoy life.� Calvin
Gong stated he likes a house on the Lake.�
Supervisor Thomas Wood
asked Calvin Gong if he received a letter from a citizen suggesting he seek
help from Habitat for Humanity.� He
stated that up to now he has been stubborn about fixing the house himself but
he added that he would accept their assistance as it would make it more
achievable.� Councilman Michael
McLoughlin then asked Calvin Gong if he has the financial resources to do
so.� He stated that he does have
financial resources.
Calvin Gong closed saying
that his intention is to fix up the house, if not completely done at least to
the point that his neighbors and others at the Lake wouldn�t mind looking at
it.
Town Attorney William
Reynolds asked Town Engineer Kenneth Martin if he could explain why the house
is still standing after the 28� snowfall on Valentine�s Day.� Town Engineer Kenneth Martin stated that he
would estimate without looking it up that the snow would weigh somewhere around
25 to 30 pounds per square foot as opposed to 60 pounds, design load.� He added that there is a commercial building
in Lake George that has been standing for 50 years that did come down in that
storm.� He stated he had no
explanation.�
Supervisor Thomas Wood
declared the hearing closed at 8:45 p.m. and the board excused themselves to
deliberate.� At 8:50 p.m. the board
returned and Supervisor Thomas Wood stated that it was a consensus of the board
to support the findings in Town Engineer Kenneth Martin�s report.�
On a motion by Supervisor Thomas Wood and seconded by Councilman Fred Drumm� the following Resolution #07-44 Calvin Gong Property 1390 Rt. 9P was adopted by vote:� Supervisor Thomas Wood � aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � absent, Councilwoman Betty Koval - aye, Councilman Michael McLoughlin � aye� Carried 4 � 0.
WHEREAS,
at a regular meeting of the Saratoga Town Board held on February 12, 2007,
legal action against Calvin Gong was duly authorized based upon receipt and
review of a report prepared by Kenneth Martin, PE, Town Engineer, and
WHEREAS, a Notice of Enforcement Action was thereafter
prepared by the Town Attorney and served upon Calvin Gong on February 19, 2007
as more fully appears from the Affidavit of Service, and
WHEREAS, copies of said Notice of Enforcement Action and the
Affidavit of Service have been filed with the Board, and
WHEREAS, said Notice of Enforcement Action provided Calvin
Gong with the opportunity to be heard at a special meeting of the Town Board,
to be held on February 27, 2007, and
WHEREAS, after hearing all of the proofs and reviewing the
evidence in the case including the testimony and evidence offered by Calvin
Gong, it is hereby
RESOLVED, that the building located at 1390 Route 9P in the
Town of Saratoga is an unsafe building within the meaning of Chapter 182 of the
Town Code, and it is further
RESOLVED, that the premises located at 1390 Route 9P in the
Town of Saratoga constitutes a dumping ground within the meaning of Chapter 216
of the Town Code, and it is further
RESOLVED, that the aforesaid building shall be demolished and
removed, and the property shall be cleared of all refuse and debris on or
before April 20, 2007, and upon the failure of the owner to accomplish such
work, the Town of Saratoga, by its agents or designees, shall cause the
demolition and removal of the building and of any and all rubbish and debris,
with the cost thereof, including legal expenses, to be levied as a tax lien
against this property by the Assessor.
A motion to adjourn at 8:54 p.m. was made by Councilman Michael McLoughlin��
and seconded by Councilwoman Betty Koval.� Supervisor Thomas Wood � aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � absent, Councilwoman Betty Koval - aye, Councilman Michael McLoughlin � aye.� Carried 4 � 0.
Respectfully Submitted,
Ruth Drumm
Town Clerk