1988-10-19 SP SPECIAL TOWN BOARD MEETING
OCTOBER 19, 1998
4:00 P.M.
TORN ARD MEMBERS PRESENT
Supervisor Stephen Burgos
Councilman Marilyn Potenza
Councilman Ronald Montesi
Councilman Betty Manahan
Town Attorney-Paul Dusek
_ MEMBERS ABSENT
Councilman Kurosaka
PRESS: G.F. Post Star
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA
Supervisor Borgos-Our first order of business is a special resolution
(Councilman Montesi was not present during this portion of the meeting)
RESOLUTION
RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND FLORENCE
M. GALLAGHER
RESOLUTION NO. 445 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded
by rtVs: etty Monahan
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WHEREAS, The Town of Queensbury is presently installing sanitary sewer lines and associated
appurtenances near Cronin Road in the Town of Queensbury, and
WHEREAS, Florence M. Gallagher, owner of certain property located on Cronin Road, had previously
refused to allow said sewer lines to be installed in and on her real property, and
WHEREAS, the Town Attorney advises that an agreement has been reached, subject to the approval
of the Town Board, which will allow the Town of Queensbury to enter upon Ms. Gallagher's property
immediately and install said sewer lines and appurtenances, and results in a permanent easement
being granted to the Town of Queensbury at a rate to be established by an appraisal, a copy of
said agreement being presented in this meeting, NOW, THEREFORE BE IT
RESOLVED, that the proposed agreement between the Town of Queensbury and Ms. Gallagher
be and the same is hereby approved an the Town Supervisor is hereby-authorized to execute the
same on behalf of the Town of Queensbury.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka, Mr. Montesi
Town Attorney-Paul Dusek-Basically the agreement which I am quite pleased to be able to present
to the Board gives the Town immediate access to the site to install sewer lines and secondly
it obligates us to pay the assessed value of this easement which is allowed under law. The reason
I said I am please is bc^_ause if we had gone through the eminent domain procedure law 1. we
Ll would have acquired access and 2. we would have been acquired to pay the appraised value, so
what we have essentially done is to by the litigation and agree now, to provide us with immediate
access. The terms of the agreement I drafted myself and I feel that they basically spell out
what I indicated to you, they do set forth some time tables etc. to keep this thing moving, I
think it is appropriate.
Supervisor Borgos-1 want to indicate that Paul, now has resolved all but one or two outstanding
cases related to easements and I am delighted that they are progressing this quickly and we are
able to stay out of court.
Councilman Monahan-All we are talking about I assume is just the area to lay pipe through?
t
Town Attorney-Paul Dusek-That is correct.
Supervisor Borgos-It then gets put back into the condition that it was before.
Town Attorney-Paul Dusek-That is right, there may be a boring�,pit involv.od°here I am fot sure,
in any event everything is put back the way it was.
Supervisor Borgos-Are there any further questions about this? (Asked ifor a vote)
Budget Session (Councilman Montesi entered meeting)
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The following budgets were reviewed by the Town Board-Water Dept., Pine View Cemetery and
Fire Districts, Sewer, Lighting and General Funds.
On motion the meeting was adjourned.
Respectfully submitted,
Miss Darleen M. Doughc
Town Clerk
Town of Queensbury
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