1978-07-11 66
REGULAR TOWN BOARD MEETING JULY lit 1978
MEMBERS PRESENT:
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Michel Brandt-Supervisor
Daniel Olson-Councilman
Dr. Charles Eisenhart-Councilman
Mrs. Frances Walter-Councilman
Joseph Brennan-Town Counsel-Absent
Mr. Hammond Robertson-Absent
PRESS: G.F. Post Star, WWSC, WBZA
GUESTS: Family and Friends of Patrolman Steven Bott, Residents
of South Queensbury (Dix Avenue Area) Mr. Hess , Mr. Turnbull
TOWN OFFICIALS: George Liapes , Steven Lynn, Shirely Shenk, Mr. William
Bodenweiser
Meeting Opened: 7:40 P.M. . Salute to the Flag led by Councilman Olson
BID OPENING-TRAFFIC SIGNAL-NOTICE SHOWN
Supervisor Brandt- requested that the Town Clerk read the bids submitted.
Donald A. Chase, Town Clerk- read the following bids.
Russell Brown
P.O. Box 647
Glens Falls, New York 12801 Bid $4,599.00 no- non-Collusive
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Vernon L. Brown
Quaker Road
P.O. Box 592
Glens Falls , New York 12801 Bid $4,200.00 no-non-Collusive
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Supervisor Brandt- requested that the Town Clerk notify each bidder
that he must sign a non-collusive, the bids will then be turned over
to,�the Highway Supt. for his recommendation.
PUBLIC HEARING-HESS REZONING-NOTICE SHOWN 7:42P.M.
Supervisor Brandt-opened the formal hearing requested that Mr. Liepes
review the proposal.
George Liepes-Building Inspector- using maps of the Dix Avenue area.
Mr. Liepes defined the_ area of the proposed rezoning. . .noted that Mr.
Hess requested that his property be rezoned from R-4 to C-3, the Town
Planning Board recommended that 200' No. and So. of Dix Avenue-Waslfygto jo.
the Corner of Quaker and Highland Avenue be rezoned to C-3 except (`
a triangular section. Reviewed the numerous variances in ithe immediate
area. . .
Joseph Daire-what is the reason for rezoning Mr. Hess' s property?
noted that the business had noise. . .questioned if the valuation of
his property would go up or down if the zone was changed?
Mr. Hess-Reviewed,.bbe history of the building, a business for 30 years. . .
noted that he purchased the property from Sealtest four years ago. . . it
has always been a commercial building. . .noted in a study that the Town
had done the area was recommended to be commercial on Dix Avenue. . .noted
that if he was zoned commercial he would know what he could do with his
property. . .
Supervisor Brandt- when there is a business that is non-conforming, there
are limitations to expansion. . .
Councilman Olson- The business in a non commercial zone can expand
50% with a variance. . .
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Councilman Olson- Are not the Hess' s operating under a variance now?
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George Liapes- yes
Loxmine Waters livesnext door to the Hess property-voiced complaint
against the noise of the business. . .noted large boxes that block her
view. . .
Mrs. Simpson-asked -for-clarification as to the point of beginning of the
proposed rezoning?
George Liapes- Highland & Dix No. & So. to the County line.
Councilman Olson- questioned where the triangle was?
`— George Liapes- where the Sunoco station was operating. . .
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Mrs. Simpson- questioned if a barn burns down in a now commercial zone
could it be replaced?
George Liapes- no,not without a variance. . .
Supervisor Brandt- I will request an opinion on such a problem with Town
Counsel. . .
Bill Hogan- Reviewed the history of the property. . .vacant lot to Mr.
Nassivera' s placement of a building. . .
Mrs. Hess-felt that it is hard for a variance to be denied in this
area due to the fact that it has so many commercial facilities. . .since
this is not zoned commercial anyone wishing to establish a business
must first apply for a variance in this area which clogs the agAnda' s
of the Planning Boards. . .with probably unnecessary issues. . .the rezoning
of the whole area would be much more orderly. . .
Don Duell-Queensbury Ave. -What is the industrial park for?
f � Supervisor Brandt- manufacturing. . .this is a commerical request for
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commerce. . .buying and selling type of business. . .
Betty Duell- Are they going to enlarge the business? Will there be more
noise?
Mr. Hess- No plans at the present time.
Betty Duell- noted a problem with noise from the ice business and Dorn's
at night. . .
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Mr. Hess questioned what the noise was at night from his business?
Betty Duell- a steady hum. . .a motor running constantly. . .
Joesph Daire- will the valuation of my property go up or down if this
is rezoned?
Donna Bordeau- 1. How will this effect our taxes if this is zoned
commercial? 2. In regard to County Owned property will this still
hav e t o g o out to bid when sold?d?
I Councilman Olson-If y our ro ert is changed from Residential_ to Commercial
Cyour assessment does not change.•. in regard to the second question
the County would place the property up to bid. . .
Jim Barrett-noted that the biggest noise on Dix Avenue is the heavy
volume of traffic. . .the area should be rezoned commercial. . .
Mr. Hess- noted that the Board looked into Washington Co.noting the
commercial property BOCES etc. their feeling was that to rezone commercial
would be consistant with Washington Co.
Councilman Olson— questioned that approximately 1 year ago there were
complaints issued against Mr. Hess' s business, excess water being
drained off, is this still a problem, ?
Mr. Hess-We do not know have a problem, noted that the water is not being
placed in the road but is placed in a septic field. . .have asked county
to be allowed to run the water into their drain on Dix Avenue, they have
ignored me. . .
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Supervisor Brandt- noted that with the proposed sewer system being placed
that would elevate the problem. . .
Councilman Olson- noted that he would speak to the County in regard to
the placement of the water into the drain on Dix Avenue. . . .
Unknown- If this is rezoned commercial will they widen Dix Avenue and
place a light at Dix and Qsby. Ave. ?
Supervisor Brandt-noted that there is an increase of traffic. . .we will
have to address ourselves to this problem in the future. . .
Hearing closed 8: 10P.M. - f
RESOLUTIONS
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Supervisor Brandt- requested Mr. Steven Bott to come before the Town
Board. . . (Mr. Bott was present before the Board)
Councilman Walter-read the following resolution. . .
RESOLUTION OF COMMENDATION TO STEVEN BOTT, PATROLMAN
RESOLUTIO N0. 179: Introduced by Mrs. Frances Walter who moved for its
adopseco--nded-by Mr. Michel Brandt:
WHEREAS, on June 15, 1978, Patrolman Steven Bott was awakened by
Mrs. Lynn Volino, a next door neighbor, frantically asking for his
help in saving her infant baby from their burning house, and
WHEREAS, Patrolman Bott ran next door to the Volino residence, and
with complete disregard for his own safety, entered the burning
building and -into the child' s downstairs bedroom, and due to the
intense smoke and heat, Patrolman Bott was unable to locate the child
immediately, but was subsequently found huddled in a corner, and
WHEREAS, Patrolman Bott was unable to leave the house as he had
entered due to the increase of flame and smoke, but was able to
open a downstairs bathroom window, lowering the child to the ground
through this window, and subsequently lowering himself by the same
method, therefore be it
RESOLVED, that Patrolman Bott brought honor and prestige to the
Town of Queensbury and the Queensbury Police Department by saving
the life of the 2k year old Volino infant, and be it further
RESOLVED, that the Town Board of the Town of Queensbury officially
recognizes this act of valor, and will make this resolution an
official part of Patrolman Steven Bott-'s record.
Duly adopted by the following vote:
Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt
Noes: None
Absent: Mr. Robertson
(The vote was taken by a standing vote and round of applause)
Councilman Olson- complemented Mr. Bott on the professional way that
he handled his job, you are a credit to your profession as a Policeman
and also I--am proud to have you as a Queensbury Policeman.
Dr. Eisenhart- I will concur with Councilman Olson' s statement.
Supervisor Brandt-You are certainly a credit to the Town and to the
department and obviously there is a child that thinks a lot of you too.
(The Volino child came forth)
Councilman Walter- presented Mr. Bott with a framed Resolution of
Commendation from the Town Board. . .
Chief Judkins-Steven, If I may, you hear a lot of derogatory remarks
made by the press and the various radio programs concerning the supposedly
poor actions of the police department, I think the best way in the world
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to dispute-these claims is by actions. I can think of no action
better than the one you have done, you have my humble congratulations
and appreciation. ,
RESOLUTION TO APPROVE BOARD MINUTES
RESOLUTION NO. 180, Introduced by.Dr. Charles Eisenhart who moved for
its a option, seconded by Mr. Daniel Olson:
RESOLVED, that the Town Board Minutes of June 27th 1978 and June 30th 1978
ibe and hereby are approved.
Duly adopted by the following vote:
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Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt
Noes : None
Absent: Mr. Robertson
i Discussion held on the Hess rezoning. . .
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Mr. Hess-questioned if there will be any action taken tonight on the
rezoning public hearing?
f Supervisor Brandt-would request that the Planning Board meet".with the
Board and discuss what they were looking for and also to meet with
Town Counsel to clear up some legal questions. . .would again address the
issue two week from tonight. . .
Mr. Hess- noted that he felt there had been time since the last planning
Board meeting to be notified to have someone present from that board. . .
felt it was not fair to the people that Piave already.. lefty tbe 'will
know nothing about it. . .
Councilman Eisenhart- noted that he felt the Board needed more input from
the Plannigg Board. . .
Mr. Hess- From my standpoint it has been four months and the homework
could have been done. . .
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Councilman Eisenhart- does this delay effect you in any way?
Mr. Hess- yes. . .noted that leases were coming up soon and were expiring
have found people reluctant to go through the variance procedure . . .
Supervisor Brandt- noted that he understood the problem but the Board
would like input from the Planning Board and Town Council before the
decision is made. . .
RESOLUTION OF APPRECIATION
RF.SnT_171MM mn 1 3 Introduced by Mr. Daniel Olson who moved for its
adoption, seconded by Dr. Charles Eisenhart:
WHEREAS, John E. Fitzgerald was appointed a member of the Zoning Board
of Appeals on September 14, 1967 holding the post of Chairman of that
Board, and
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WHEREAS, Mr. Fitzgerald has devoted his time and expertise to the growth
and development of the Town of Queensbury, and
WHEREAS, John E. Fitzgerald resigned from the Zoning Board of Appeals on
February 14, 1978, NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury wishes to express
their sincere appreciation for his years of service and his dedication
to the Town of Queensbury, and be it further
RESOLVED, that the Town Board wishes to express to him and his family the
very best in all their future endeavors.
Duly adopted by the following vote:
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Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt
Noes: None
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Absent: Mr. Robertson
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Supervisor Brandt- I would like to present a plaque to Mr. Fitzgerald
at the next Town Board Meeting. . .requested Councilman Olson to make the
arrangements. . .
RESOLUTION TO ACCEPT BID
RESOLUTION NO. 182 . Introduced by Mr. Michel Brandt who moved for its
adoption, seconded by Mrs. Frances Walter:
WHEREAS, the Town Board of the Town of Queensbury did advertise for
bids for a Traffic Entrance Control System for the Solid Waste Transfer
station-Queensbury-Glens Falls Joint Landfills, and
WHEREAS, two bids were received and turned over to the Queenshury-
Glens Falls Joint Landfill Committee for their recommendation, Now
Therefore be it
RESOLVED, that upon the Committee's recommendation the Town Board
accepts the bid of Stanley Magic Door, Inc. of Bristol Connecticut
for two at the base bid of $5,150.00.
Duly adopted by the following vote:
Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt
Noes : None
Absent: Mr. Robertson
RESOLUTION TO RESCIND
RRS0 . 1T'TON No_ 183_ Introduced by Mr. Michel Brandt who moved for
its adoption,, seconded by Dr. Charles Eisenhart:
RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds
Resolution No. 101 of April 11, 1978, resolution to accept bid for
scrap metal at the Queensbury-Glens Falls landfill.
Duly adopted by the following vote:
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Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt
Noes : None
Absent: Mr. Robertson
Supervisor Brandt- noted that the accepted bidder reneged on payment to
the town. . .
RESOLUTION TO ACCEPT BID
RPR UITTnN Nn_ 1 ,94- Introduced by Mrs . Frances Walter who moved for its
adoption, seconded by Mr. Michel Brandt:
WHEREAS, the Queensbury-Glens Falls Landfill Committee has withdrawn
their acceptance of the bid of James L. Sweet of Gansevoort for the
scrap metal at the Queensbury-Glens Falls Landfill, and
WHEREAS, the Town Board of the Town of Queensbury has rescinded the
resolution accepting the bid of James L. Sweet, NOW, THEREFORE BE IT
RESOLVED, upon the recommendation of the Queensbury-Glens Falls Landfill
Committee, the Town Board of the Town of Queensbury hereby accepts
the bid of Francis Herrington of Warrensburg, at the bid of $4.00
per ton for scrap metal.
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Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt
Noes: None j
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Absent: Mr. Robertson
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RESOLUTION TO APPROPRIATE FUNDS
RESOLUTION NO. 185, Introduced by Mr. Michel Brandt who moved for its
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adoption, seconded by Dr. Charles Eisenhart:
WHEREAS, Anti-recession Funds must be appropriated within six months
of receipt, which was January 11, 1978 therefore be it
RESOLVED, to transfer $13,900.00 from Anti-Recession (A4720)to
Contingency Account (A1940.440) .
Duly adopted by the following vote:
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Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt
Noes : None
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Absent: Mr. Robertson
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RESOLUTION TO TRANSFER FUNDS
ELSOLUTION N0. 186 Introduced by Mr. Michel Brandt who moved for its
adoption, se con a by Mrs. Frances Walter:
WHEREAS, in 1977 the Police Telephone Bills were improperly coded for
audit and charged to the Buildings Account rather than A3120.410 (Police
Telephone) , and
WHEREAS, this amount of money as improperly coded was used as an estimate
for the 1978 budget process causing a deficit in the Police Telephone
Account and
WHEREAS, a surplus exists in the Police Retirement Account A3120.810,
due to a payment made to the Police Retirement System which was less
than the budgeted appropriation, therefore be it
RESOLVED, to transfer $1,200.00 from Police Retirement A3120.810
to A3120.410, Police Telephone to cover anticipated phone bills for
the remainder of the budget year.
jDuly adopted by the following vote:
Ayes : Mr. Olson, Der. Eisenhart, Mrs. Walter, Mr. Brandt
Noes: None
Absent: Mr. Robertson
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Discussion was held on Halfway Brook
F Supervisor Brandt- reviewed the problem of a rising water table caused
by the silt and obstructions that have blocked Halfway Brook. . .requested
that the Town Board request the Conservation Advisory Counsel to look
into this situation of straightening and cleaning up Halfway Brook . . .
Councilman Olson- asked if this would also be the proper time to give
the Supervisor the power to grant monies for engineering work for the
proposed project. . .
j Supervisor Brandt- I would request that a resolution of that nature be
made at a later time. . .
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RESOLUTION REQUESTING ASSISTANCE
RFC(1T_TTTTnw mO. 18] Introduced by Mr. Michel Brandt who moved for
its adoption, seconded by Mr. Daniel Olson:
RESOLVED, that the Town Board of the Town of Queensbury hereby
requests that the Queensbury Conservation Adivsory Council address
itself to the advisability of straightening the course of Halfway
Brook from Hovey Pond to beyond Meadowbrook Road, and be it further
RESOLVED, that the Conservation Advisory Council report to the
Town Board as soon as s.ossible on their findings.
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Duly adopted by the following vote:
Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt
Noes: None
Absent: Mr. Robertson
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RESOLUTION TO APPOINT A TEMPORARY CHAIRMAN OF THE SIGN COMMITTEE
FOR THE TOWN OF QUEENSBURY
RESOLUTION NO. 188 Introduced by Mr. Olson who moved its adoption,
seconded y Mr. Brandt:
WHEREAS, Mrs. Sjoredje Richardson of 16 Greenway Drive, Town of Queensbury
has chosen to resign as chairman of the Sign Committee for the Town of
Queensbury but still wishes to remain on as a member of said committee,
NOW, THEREFORE BE IT
RESOLVED, that Mr. George Kurosaka of 13 Arbutus Drive, Town of
Queensbury be and he hereby is appointed a temporary chairman of the
Town of Queensbury Sign Committee until such time that said committee i
can appoint a permanent chairman. ', 1
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt �J
Noes : None
Absent: Mr. Robertson
MOBILE HOME-Robert E. Chattin & Brenda G. Chattin-Minnesota Ave.-change of
ownership of an existing mobile home- Mr. & Mrs. Chattin were present
with Counsel, Mr. Carusone. . .Building Inspector' s report was placed on
file. . .
Councilman Eisenhart- questioned if the area was as the application
states an area of almost entirely mobile homes?
George Liapes- yes. . .reviewed the background of the mobile home. . stating
that if the application was approved the Chattin' s would hook up to Town
Water and install two smoke alarma. . . .noted that they had canvassed the
area and found no objections. . . of those that were contacted. . .
Attorney Carusone- spoke to the Board, presenting maps of the area _
denoting the number of mobile homes. . .also gave a list of signatures r
of neighbors. .uo objections. . . stated hardship of the applicants. . .
Councilman Olson- noted that he had seen the applicants present home j
and noted that it is very well kept.
Disauesion was held anid it was decided that the application would be
approved by the Board subject to Town Counsel advice, if Town Counsel
felt that a hearing was necessary the resolution would be changed
to a Resolution to Set Public Hearing. . .
(Town Counsel advised the Town Clerk that a public hearing would have
to be set)
RESOLUTION TO AUTHORIZE PUBLIC HEARING
BERO . t 'TON NO 189 . Introduced by Dr. Charles Eisenhart who ..moved for
its adoption, seconded by Mr. Michel Brandt:
WHEREAS, Robert E. & Brenda G. Chattin have made application in accordance
with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury
entitled ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS
IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile
home outside at property situated at Minnesota Avenue, and .�
WHEREAS, it is hereby determined that said application complies with
the requirements of said ordinance, and
WHEREAS, it is hereby determined that the facts presented in said
application are sufficient to justify further consideration by this
board, therefore be it
RESOLVED, that pursuant to the provisions of the above mentioned
ordinance, the town board shall conduct a public hearing_on said
application on July 25th 1978 at 7 : 30 P.M. in the Queensbury Town
Office Building, Bay Road, and that the Town Clerk is hereby authorized
and directed to give proper notice of said public hearing in accordance
with the provisions of said ordinance.
Duly adopted by the following vote:
Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt
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Noes: None
Absent: Mr. Robertson
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REPORTS-the following reports were placed on file. . .
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Town Clerk's, Dog Warden' s, Building & Zoning' s and Supervisor's monthly
statment.
OPEN FORUM
C 8:44 P.M.
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Mr. Turnbull-do commercial truckers have keys to the landfill to dump
j after hours?
Councilman Walter- that was past practice but not :now. . .reviewed the
�= proposal of a seperate entrance for commercial haulers along with a`
weigh ing proce dure . . .
Supervisor Brandt- spoke on the ID card that has been proposed for
commercial haulers to be used along with the weight scales. . .
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OPEN FORUM CLOSED 8:47 P.M.
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Litter of resignation placed on file from John Carusone Town Counsel. . .
RESOLUTION TO APPROVE AUDIT OF BILLS
RESO UTION N0, 190_ Introduced by Mr. Michel Brandt who moved for its
adoption, seconded by Mr. Daniel Olson:
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RESOLVED, that Audit of Bills as listed on Abstract No. 78-7A. and
numbered 805 through 933 and totaling $343,267.91 be and hereby is
approved.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Brandt
Noes: None
Absent: Mr. Robertson
On motion the meeting was adjourned.
Respectfully,
Donald A. Chase
Town Clerk
Town of Queensbury
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REGULAR TOWN BOARD MEETING
JULY 25, 1978
MEMBERS PRESENT
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Michel Brandt-Supervisor
Daniel Olson-Councilman
Dr. Charles Eisenhart-Councilman
Frances Walter-Councilman
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j Joseph Brennan-Town Counsel
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ABSENT:
t NT: Hammond Robertson, Councilman
Meeting Opened 7: 30 P.M. Salute to the Flag led by Councilman Eisenhart
PRESS: Gten6 .F.alls Post Star, WWSC, WBZA
GUESTS: Residents of Dix Avenue area, Mr. Turnbull, Mr. Carusone, Mr.
and Mrs. Chattin, Mr. Bradway, Mr.Walter Kelley Jr.
TOWN OFFICIALS: George Liapes, Steven Lynn, Mrs. Shenk, Mr. Moynihan
PUBLIC HEARING-MOBILE HOME-Robert E. Chattin . and Brenda Chattin-
change of ownership, location of Mobile home Minnesota Avenue
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