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1991-12-19 SPECIAL TOWN BOARD MEETING DECEMBER 19, 1991 4:20 p.m. MTG#66 RES#686-700 TOWN BOARD MEMBERS PRESENT Supervisor Stephen Borgos Councilman Marilyn Potenza Councilman Ronald Montesi Town Attorney Paul Dusek TOWN BOARD MEMBERS ABSENT Councilman George Kurosaka Councilman Betty Monahan PUBLIC HEARING-Proposed Local Law-To Amend the Code of the Town of Queensbury, Chapter 124 Thereof Entitled, "Parks and Recreation Areas": to add a new paragraph exempting certain lots as no longer assessable for Recreation Fees NOTICE SHOWN Supervisor Borgos declared the hearing opened...Asked for public input... Mr. Keith Madison-Queensbury, for the amendment... Supervisor Borgos-You stand to benefit a $1,000 before Christmas...Anyone else for or against? Seeing no hands, Hearing Closed 4:21 P.M. RESOLUTION TO ENACT LOCAL LAW NO. 19,1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 124 THEREOF ENTITLED, "PARKS AND RECREATION AREAS" TO ADD A NEW PARAGRAPH EXEMPTING CERTAIN LOTS AS NO LONGER ASSESSABLE FOR RECREATION FEES RESOLUTION NO.: 686,91 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a local law to amend the Code of the Town of Queensbury Chapter 124 thereof, entitled "Parks and Recreation Areas" to add a new paragraph exempting certain lots as no longer assessable for recreation fees, and WHEREAS, a copy of the proposed local law entitled "A Local Law to Amend the Code of the Town of Queensbury, Chapter 124 thereof entitled, 'Parks and Recreation Areas' To Add a New Paragraph Exempting Certain Lots as No Longer Assessable for Recreation Fees" which chapter provides for addition of a definition of unbuildable lot, addition of an exemption from the payment of recreation fees on unbuildable lots and provides retroactive application in certain instances, has been presented at this meeting, a copy of said local law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, the Town Board of the Town of Queensbury determines that this matter is a Type II under SEQR inasmuch as the proposed legislative action does not involve a major change of priorities but rather involves the continuing administration of an assessment of recreation fees in connection with new building lots, and WHEREAS, on December 19, 1991, a public hearing with regard to this local law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to Amend the Code of the Town of Queensbury, Chapter 124 Thereof Entitled, "Parks and Recreation Areas" to Add a New Paragraph Exempting Certain Lots As No Longer Assessable for Recreation Fees, to be known as Local Law No. 19, 1991, the same to be titled and contain such provisions as are set forth in a copy of the proposed law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 19th day of December, 1991, by the following vote: AYES : Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES : None ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION AUTHORIZING REFUNDS REGARDING EXEMPTION OF CERTAIN LOTS AS NO LONGER ASSESSABLE AS PERTAINS TO RECREATION FEE LOCAL LAW RESOLUTION NO.: 687,1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, on or about December 19, 1991, the Town Board of the Town of Queensbury adopted Local Law No. 19, 1991, "A Local Law to Amend the Code of the Town of Queensbury, Chapter 124 Thereof entitled, 'Parks and Recreation Areas' to Add a New Paragraph Exempting Certain Lots as No Longer Assessable for Recreation Fees," and WHEREAS, the said Local Law provides for addition of a definition of unbuildable lot, addition of an exemption from the payment of recreation fees on unbuildable lots and provides retroactive application in certain instances, and WHEREAS, one individual, Curt Madison, previously paid recreation fees in accordance with the previously adopted Local Law and Rules and Regulations of the Town of Queensbury, and as a result of the aforementioned retroactive provision in said Local Law adopted on or about the 19th day of December, 1991, the said individual is entitled to a partial or whole refund, and WHEREAS, the Town Board of the Town of Queensbury desires to pay said refund from the Capital Reserve Fund known as Rll (Recreation Assessment Fund), as that is the fund which the fees collected in excess were deposited, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes an expenditure of funds referred to in the preambles of this resolution for payment to the individual who has overpaid recreation fees in accordance with the definition adopted by the aforedescribed Local Law, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to calculate the amount due the individual is due refund of recreation fees in accordance with the Local Law as adopted on or about December 19, 1991, and to make payment of refund due said individual upon the submission of a fully-executed voucher by the individual after the Town Board of the Town of Queensbury has audited said voucher in accordance with its usual practices, and BE IT FURTHER, RESOLVED, that this resolution shall be subject to a permissive referendum in accordance with the provisions of Article7 of the Town Law, and the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish and post a copy of this resolution and take such other further actions as may be required by law to publish the same, and BE IT FURTHER, RESOLVED, that the authorization of payment set forth in this resolution shall not be exercised until such time as the time period for permissive referendum has expired or until such time, if a referendum is requested, that the same is approved. Duly adopted this 19th day of December, 1991, by the following vote: AYES : Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES : None ABSENT: Mr. Kurosaka, Mrs. Monahan Discussion held on refunds... Attorney Dusek-Noted that there is a 30 day waiting period... it was agreed that Mr. Madison should submit a voucher to the Town Clerk and she will turn it over to the Supervisor at the proper time interval for payment... RESOLUTION TO AMEND 1991 BUDGET RESOLUTION NO.: 688,1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, certain departments have requested transfers of funds for the 1991 Budget, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as listed below, for the 1991 budget: SUPERVISOR FROM TO AMOUNT 001-1990-4417 001-7510-4433 $ 1,000.00 (General Fund - (General Fund - Contingency Account) Historian, Contractual) TOWN CLERK FROM TO AMOUNT 01-1410-4040 01-1410-4010 (Dues & Registrations) (Office Supplies) $ 79.00 WATER FROM TO AMOUNT 40-8340-1430 (Laborer B PT) 40-8130-4190 (Refunds) $ 6,951.92 Duly adopted this 19th day of December, 1991, by the following vote: AYES : Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES : None ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION AUTHORIZING WITHDRAWAL FROM RECREATION ASSESSMENT RESERVE FUND #61 RESOLUTION NO.: 689,1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza WHEREAS, the Town Board of the Town of Queensbury has previously established a Recreation Assessment Reserve Fund (Fund #61) and a Hovey Pond Capital Project Fund (Fund #82), and WHEREAS, the Town Board of the Town of Queensbury is desirous of transferring $10,000.00 from the aforesaid Recreation Assessment Reserve Fund #61, into the Hovey Pond Capital Project Fund #82, and WHEREAS, the sum to be transferred from the Recreation Assessment Reserve Fund #61, will be expended for improvements to be made at Hovey Pond Park, said improvements to include those necessary to regrade the areas about the pond, repair a spillway, and deepen the pond, to benefit the entire community, including those subdivision and multi-family developments, the developers of which have previously paid fees in lieu of dedicating land for recreational purposes as required by law, and WHEREAS, the Town Board of the Town of Queensbury is authorized by Section 6(c) of the General Municipal Law of the State of New York to withdraw and expend funds from the aforesaid Recreation Assessment Reserve Fund #61, in accordance with the terms and conditions set forth therein, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a withdrawal and expenditure from the Recreation Assessment Reserve Fund #61, in the total amount of $10,000.00 to be deposited in the Hovey Pond Capital Project Fund #82, to make improvements at the Hovey Pond Park, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further directs that in the event there are any funds remaining in the said Hovey pond Capital Project Fund #82, after the completion of the project, or in the event that said project is not undertaken, the money in the said account shall be returned to the Recreation Assessment Reserve Fund #61, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further finds that the withdrawal and expenditure for the previously identified recreation project at Hovey Pond Park is an expenditure for improvements or items of equipment for which the Reserve Fund was established, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the $10,000.00 amount transferred from the Recreation Assessment Reserve Fund #61, shall be used to improve the Hovey Pond Park, which is an existing park, and that it will serve the Town's residential neighborhoods and subdivisions and multi-family dwellings, the developers of which have heretofore contributed fees in lieu of developing recreational areas, and BE IT FURTHER, RESOLVED, that this resolution shall be subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law and the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish and post such notices and take such other actions as may be required by law. Duly adopted this 19th day of December, 1991, by the following vote: AYES : Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES : None ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION REVISING ACCOUNT CODES FOR 1992 ADOPTED BUDGET RESOLUTION NO.: 690,1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby revises the 1992 Adopted Budget Codes as described in the annexed Schedule Dated 12-Dec-91. Duly adopted this 19th day of December, 1991, by the following vote: AYES : Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES : None ABSENT: Mr. Kurosaka, Mrs. Monahan (Schedule on file) RESOLUTION AUTHORIZING SUPERVISOR TO SIGN COLLECTIVE BARGAINING AGREEMENT WITH CSEA RESOLUTION NO.: 691,1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury and the Town of Queensbury Unit of the Civil Service Employees Association, Inc., (hereinafter referred to as "CSEA") entered into a Collective Bargaining Agreement on November 15, 1989, and WHEREAS, the Town of Queensbury and CSEA recently concluded collective bargaining and entered into a Memorandum of Agreement for the purposes of extending the current Collective Bargaining Agreement through December 31, 1994, and WHEREAS, CSEA has ratified said Memorandum of Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury enter into a Collective Bargaining Agreement with CSEA, incorporating the terms of said Memorandum of Agreement annexed hereto and that said Memorandum of Agreement be incorporated into the existing Collective Bargaining Agreement, and BE IT FURTHER, RESOLVED, that the Supervisor of the Town of Queensbury be and he hereby is, authorized to sign said Collective Bargaining Agreement with CSEA, which Agreement shall terminate on December 31, 1994. Duly adopted this 19th day of December, 1991, by the following vote: AYES : Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES : None ABSENT: Mr. Kurosaka, Mrs. Monahan Discussion held on CSEA Agreement -Supervisor Borgos-essentially it removed a few more people from the CSEA...Records Clerk, Confidential Assistant to the Water Supt., Deputy Fire Marshal...it gives the employees a weekly paycheck, ...work day will be 8 hours..noted the Town Clerk and Highway Dept. being elected and their appointments are not involved with this...increased effective 1-1-93 by 1/2 percent the union have to pay toward Health Insurance Premium...increased by 50 cents a month toward dental coverage ... limit on retirement health insurance protection, if the employee dies we are going to cover for a few months then the spouse may continue if they pay the whole premium.. if people are suspended more than so many days they will not get their health insurance paid if they are suspended a day or two it is too much work to deduct a $ 1.50 but they will not get holiday pay if they are on suspension...all the buildings will be smoke free...provision for Town to provide uniforms for the employees we will pay 50% of the rental costs, they will pay 50% and we will deduct it from the payroll...probation period reduced from 12 months to 8 months... sick leave can be taken in 2 hour shifts instead of half a day that is a six month trial period to see if it is going to work...if people have double medical coverage, husband and wife they are both paying in, they cannot collect anyway, if it is comparable coverage you can elect that your spouse has the coverage, you will get money instead, if its a family they get $ 9 5.00 a month extra pay, the town ends up saving almost $500. per month ... we figure we will save 30 to 50 thousand dollars next year. Educational courses are in the contract, still subject to the approval of the Supervisor...People on disability will cover up to 6 months medical after that they will have to pay their own premium...contract extended for 2 years with 5% increase in salary... Highway Supt. Paul Naylor requested the memorandum of understanding with DEC be done before the end of the year... RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONSOLIDATED LANDFILL USER AGREEMENTS FOR THE TOWNS OF HAGUE, CHESTER AND JOHNSBURG RESOLUTION NO. 692,1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the annexed Consolidated Landfill User Agreements for the Towns of Hague, Chester and Johnsburg, and it further authorizes the Town Supervisor to execute the same on behalf of the Town Board and the Town of Queensbury. Duly adopted this 19th day of December, 1991, by the following vote: AYES : Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES : None ABSENT : Mr. Kurosaka, Mrs. Monahan Councilman Montesi-We still have Warrensburg, Lake George... Supervisor Borgos-Stony Creek, Thurman, Bolton...Hague...Attorney Dusek-I hope to have the rest of them in a few days...to sign the Landfill User agreements.. . RESOLUTION TO SET PUBLIC HEARING ON THE ENACTMENT OF LOCAL LAW NO.: ,1991-SEWERRENTLAW RESOLUTION NO.: 693,1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza WHEREAS, the Town Board of the Town of Queensbury is desirous of amending a Local Law previously adopted and last amended by the Town Board of the Town of Queensbury on February 25, 1991, which Local Law imposes sewer rents for the Queensbury/Quaker Road Sewer District in the Town of Queensbury, and WHEREAS, the amendment currently proposed for said Local Law would amend fees to be assessed as sewer rents within the Sewer District and add, amend, or modify additional provisions in Section 136-137 A and Section 136-145, as more specifically set forth in the proposed Local Law presented at this meeting, and WHEREAS, it is necessary to hold a public hearing with regard to the proposed amendments to said Local Law, NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held by the Town Board of the Town of Queensbury on the proposed Local Law presented at this meeting on December 30, 1991 at 7:00 p.m, in the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at which hearing parties in interest and citizens shall have an opportunity to be heard as to whether the said Local Law, as amended, shall be adopted by the Town Board of the Town of Queensbury, to include said new provisions and fees, with the remaining provisions of said Local Law remaining unchanged, as presently set forth, and BE IT FURTHER, RESOLVED, that the Town Clerk for the Town of Queensbury is hereby authorized and directed to publish Notice of the aforesaid public hearing at least ten (10) days prior to the time such hearing is to be held in the newspaper officially used by the Town of Queensbury for such notices, and BE IT FURTHER, RESOLVED, that copies of the said Local Law as proposed to be amended, shall be made available and inspection of the same may be had by the members of the public and other interested parties at the Office of the Town Clerk of the Town of Queensbury, Town Office Building, 531 Bay Road, Queensbury, Warren County, New York 12804. Duly adopted this 19th day of December, 1991, by the following vote: AYES : Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES : None ABSENT: Mr. Kurosaka, Mrs. Monahan Supervisor Borgos-Read the following letter-Dear Steve, We respectfully request that you do not sign the contracts for the construction of the water district office buildings which recently went out to bid. In less than two weeks the new Town Board will take office, by not signing these contracts you are enabling us to change management direction without subjecting the new administration to potential litigation. With current water demands exceeding water treatment capacity we obviously must take immediate action to prevent a water shortage in the summer months. It is our desire to use the surplus accumulated by the district taxpayers to make key improvements to the Treatment Plant to provide some increase to treatment capacity. We believe that this can be accomplished without raising taxes in the district. If however a large portion of surplus is used to build offices, taxes will have to be raised to cover the borrowings that must be made to upgrade treatment capacity. We trust that you will accommodate us in this matter. Signed by Mike Brandt, Nick Caimano, Pliney Tucker, and Susan Goetz... Discussion held regarding the above letter... Supervisor Borgos- This is obviously a request not to go forward on the Water Administration Building, now, they have asked us two or three times in public session not to do this and we have explained each time that we have spent four years getting to this point, we have spent a lot of money in engineering in survey work in design we have got everything in place all the bonding resolutions, we have accepted the bids, the contracts right now are ready to be signed...Councilman Potenza-The fact of the matter is this Board voted to go along with the project and I support that Boards vote....noted that this is one of the Departments that make money...they are hoping to be able to sell that commodity to local municipalities so that our water plant expansion costs little or nothing..J hope that you deny that request, we worked to hard and too long to get this to the stage that it is now and I absolutely don't agree with that letter. ... Councilman Montesi-Agreed Supervisor Borgos-do we want to throwaway four years, this is the result of a lot of work... RESOLUTION AUTHORIZING TOWN SUPERVISOR TO EXECUTE CONTRACTS FOR NEW ADMINISTRATION BUILDING FOR THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 694, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town Board of the Town of Queensbury has previously reviewed and awarded the bids to the low bidders for the construction of a new administration building for the Queensbury Consolidated Water District by Resolution No. 646 of 1991, and WHEREAS, the Town Board now desires to authorize the Town Supervisor to execute the contracts that have been submitted in connection with the award of said bid NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby approves the contracts that have been submitted and hereby authorizes the Supervisor to execute the same upon further review of the contracts by the Town Attorney and approval of the Town Attorney of the form of the contracts to be sure they are consistent with what was sent out for bid, and BE IT FURTHER RESOLVED, the payment for the project will be paid for from either the sale of bonds which has already been authorized by bond resolution of this Board or by payment from the Capital Project Account for the Water Treatment Plant Administration Building Expansion or from the Unappropriated Fund balance of the Queensbury Consolidated Water District or any combination of the three, with the exact method of financing to be further specified in a resolution to be adopted by this Town Board. Duly adopted this 19th day of December, 1991, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan Discussion held-Service Award Program-Attorney Dusek-We need a resolution of the Town Board to authorize the deposit of funds of the Service Award Program into the Glens Falls National Bank, they are currently sitting in the First National Bank... Glens Falls National Bank tells me as soon as the deposit is made within 24 hours the checks can be written out... Supervisor Borgos noted that the bank as agreed to handle this at no charge to the Town... RESOLUTION REGARDING FIRE SERVICE AWARD FUNDS DEPOSITS RESOLUTION NO. 695, 1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the deposit of all fire service award funds to be used for contributions purposes for individual fire fighters to the Glens Falls National Bank with the exact nature of the accounts and the execution of any documents necessary to be left with the Town Supervisor who is hereby authorized to execute any documents necessary to arrange for the transfer and also actually arrange and carry out the transfer of funds and be it further RESOLVED, that the Town Board of the Town of Queensbury hereby understands that the Bank will make payment to individuals who are entitled to Service Awards as of this year following the receipt of vouchers by the Town Supervisor of the person so requesting payment. Duly adopted this 19th day of December, 1991 by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 696, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi: RESOLVED, the Town Board of the Town of Queensbury hereby moves into executive session to discuss personnel and two matters of litigation. Duly adopted this 19th day of December, 1991 by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION ADJOURNING FROM EXECUTIVE SESSION RESOLUTION NO. 697, 1991 RESOLVED, that the Town Board hereby adjourns its executive session and moves back into regular seSSIOn. Duly adopted this 19th day of December, 1991, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION TO CHANGE FORM RESOLUTION NO. 698, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a consent to change Attorney Form to be executed by the Town Supervisor on behalf of the Town Board and the Town of Queensbury in the matter of the Town of Queensbury vs Bristol, Litynski, Wojcik, P.C. dba Saratoga Associates P.c. from Tomaselli to Tabner and Laudato. Duly adopted this 19th day of December, 1991, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION REGARDING SMITH VS TOWN OF QUEENSBURY RESOLUTION NO. 699, 1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Attorney to enter into discussions with Mr. Charles Engel Jr. the Attorney for Mrs. Smith in the Case of Smith vs the Town of Queensbury, for purposes of obtaining a stipulation discontinuing the action with the understanding that said stipulation would be entered into upon certain grounds: 1. that the Town would continue vigorously pursue each case against the Flynn's 2. that the depositions of David Hatin would be taken in the matter of Smith VS Flynn 3. that the Town Engineer's Rist Frost Associates could be hired by the Smith's in their case against Flynn if they are so inclined and the Town of Queensbury would have no objection to that, and subject to any other stipulations that the Town Attorney may feel is in the best interest of the Town of Queensbury to enter into as that action is terminated. Duly adopted this 19th day of December, 1991, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION REGARDING TOWN OF QUEENSBURY VS. JOHN AND RIT A FLYNN RESOLUTION NO. 700, 1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the Town Attorney has drafted an amended complaint in the matter of the Town of Queensbury vs John and Rita Flynn and that said amended complaint now includes two additional causes of action one based upon the Town Board's Resolutions adopted in connection with the unsafe structure action and one based or originating from the public nuisance cause of action and that the Town Board hereby approves of the additional causes of action and authorizes the Town Attorney to proceed in the action against John and Rita Flynn on the basis of all three causes of action from here on in and to continue to litigate this case on behalf of the Town of Queensbury until such time as the same is concluded, by either stipulation or trial or both. Duly adopted this 19th day of December, 1991, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury