723.91
RESOLUTION REGARDING TREE CUTTING SETTLEMENT
RESOLUTION NO. 723, 1991
INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Marilyn Potenza
WHEREAS, the Town Board of the Town of Queensbury has received a
report that certain trees were cut down on property owned by Mr.
Swan adjacent to the Town of Queensbury property located at the
Gurney Lane Recreation Site and
WHEREAS, the Town Board of the Town of Queensbury has reviewed this
matter with the Town Attorney and the Town Supervisor, the Town
Supervisor having received a memorandum dated December 26, 1991
concerning the estimated replacement costs and other associated
costs for clean up, purchase of trees and also the value of the
wood
NOW, THEREFORE BE IT
RESOLVED, the Town Board of the Town of Queensbury after due
consideration feels that it would be in the best interests of the
Town of Queensbury to settle this matter with Mr. Swan for a
payment of $1200.00 provided that Mr. Swan agrees to sign a general
release, releasing the Town of Queensbury from any and all
liability and responsibility in this matter and more specifically
from the action of cutting trees on his property, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby
agrees and approves that the settlement will include cleanup by the
Town Employees of that area only where the wood was cut in the
spring time of the year said cleanup to be left at the discretion
of the Recreation Director Harold Hansen,and
BE IT FURTHER
RESOLVED, the Town Supervisor is authorized to issue a check to the
Town Attorney payable to Mr. Swan, but the Town Attorney to hold in
escrow until such time the general release is received from Mr.
Swan fully executed said check being payable from the Judgement and
Claims Account of the Town of Queensbury.
Duly adopted this 30th day of December, 1991, by the following
vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr.
Borgos
NOES: None
ABSENT: None