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1962-02-22 Regular Meeting February 22, 1962 Present: John 0. Webster Supervisor N: Harwood Beaty Councilman Theodore Turner Councilman Curtis Lampson (absent) Councilman Harold Akins Councilman The meeting was called to order at 7:30. Visitors welcomed: Mr. Frederick Hay Mr. &tKrs. Leo Ball j Mr. George Mapes -- Superintendent N.G.F. Water District. Mr. Bernard Codner- Superintendent of Highways Mr. Powell South - Queensbury Central Fire Company Mr. Raymond Hoague- Policeman Mrs. Joyce Seeber Mrs. Marion J. Orannell - Deputy Town Clerk ??r. Hay was granted the floor. A map was presented to do with a new development on lest Mountain Road, with the proposed new road. which"will be deededc:to the Town of Queensbury. The map was studied by members of the board. The deed and search of said property was presented to the board at this time. RESOLUTION NO. 42 introduced+ by Nr. Akins seconded by Mr. Beaty. RESOLVED, that the street designated on a map presented by Frederick Hay, running from West Mountain Road to an Extension of Aviation Road,, be known as Easy Street.. THEREFORE BE IT RESOLVED, that this road be accepted by the Town Board of the Town of Queensbury, upon recommendation of the High- way Superintendent and subject to approval of the County Attorney of the deed of such property. Duly adopted by the following vote: Ayes Mr. Beaty, Mr. Turner Mr. Akins and Mr. Webster. Noes - None . Mr. Codner, recommended that the board accept the above mentioned road known as "Easy Street's in the proposed Frederick Hay develop- ment, running from the West Mountain Road to an extension of Aviation Road. K Extensive discussion took place with the Water Committee and Mr. Hay in regards to the completion of the water services in the Reservoir 'Park development. The commitee explained that when the water taps are installed properly, the road could be accepted. The owner Mr. Frederick Hay, states that this work will be done in The spring of 1962. Mr. & Mrs. Leo Ball,- residents of Aviation Road - Birch Lane Inter- section were heard by the board. An inquiry as to the present status of the widening of Birch Lane with hopes that the road be accepted by the town is the matter of interest at present. Mr. Akins, explained to the interested parties what has tran§aired in this matter up until the present date. A-letter was read by the -clerk, to do .wi_t4 a decision ,by the _County Attorney, as to the rights of the property owners and the duties - of the Town of Queensbury, to do with maintaining the above mentioned road. X79 February 21,, 1962 Mr. Bernard Codner Superintendent of Highways Aviation Road Glens Falls, N. Y. " Dear Bernard: You haarectold me about a road known as Birch Lane, extending southerly from Aviation Road just westerly of the town storehouse property: As I understand its, this ist ten foot right of way either 4 owned by or reserved to the persons owning houses on the easterly side, -and I think the name of one of these persons is Lanfair. _ I also understand that someone by the name of Ball has purchased the property on the westerly side of Birch Lane and has offered to convey to the Town of Queensbury a thirteen foot strip. You told- me that you have been asked to plow Birch Lane 'and you have asked advice as to what should be done. I am s-atisfied that this original ten foot right of way is " a private way and you have no legal right to use town highway funds or equipment either in plowing snow from this right of way or otherwise improving or maintaining it. As to the offer of a thirteen foot strip to the Town of Queensbury,. a town highway may not be laid out less than fifty foot in width except by permission of the State Superintendent of Public Works. Accordingly, the Town Board could not accept the thirteen foot strip as a town highway. Accordingly, it is my advice to you that you do not remove snow from Birch Lane and use town money or equipment on it for any purpose.. Yours very truly,, Albert E. Beswick , County Attorney The board explained, that when the deed for the 13 feet of land in question is "` submitted, the Town of Queensbury will endeavor to establish an additional 12 feet right of way from other property owners in order to create a 25 foot roadway. Mr. C. Powel South was granted the floor at this time. Mr. South, reported to the board that the Queensbury Central Fire Co. ,, intend to hold a carnival in the dates May 28th to June 2, 1962. The land to be used for said carnival is in doubt at the present, due to the fact that the previous location will not be available this year. The proposed location is the property of the Fort Amherst Realty Co., across from the Union Free School #2. on Aviation Road. With the pbssibility of objection to this location by, the redidents of this locality and the Queensbury School Board, action is def- erred until these objections are removed. The issuance of a permit was tabled until a Special Board Meeting on March 1, 1962. C. Powel South, also presented an application of the Queensbury Central Fire Co. , Inc. requesting that. its Bingo. License be further amended to include eight occasions for. each. Saturday night during the months'of March and April 1962, RESOLUTION NO. x`43 introduced by Mr. Akins seconded by Mr. Turner. WHEREAS the Queensbury Central Voluntegr Eire Co. Inc., has sub- mitted its application to amend its bingo license by adding more . occasions and _ WHEREAS the required fee of $80.,00 was received with the applica- tion to amend its bingo license and the application is in due form and complies with the statutes in such cases made and -pro- vided and i WHEREAS an investigation has been made by this Board and after such investigation the Board makes the following findings and deter- minations: 1. That the applicant is a qualified organization as defined by law;- - 2. That all the members designated to conduct games are bonafide active members of the applicant organization; 3. That�:all the members designated to conduct games and the as- sis.tents , are of good moral character. 4. That all the members designated to conduct games, and the as- sistents,, have never been convicted of a crime. 5. That the games are to be held according to the Bingo Licensing y Law,, the Rules and Regulations of the State Lottery Control Commission, and local ordinances; 6. That the entire net proceeds are to be used solely for pur, poses permitted by the Bingo Licensing Law; 7. That there is satisfactory proof that no commission, salary, compensation,, reward or recompense will be paid or given to any person for conducting the games or assisting therein., ex- cept to the extent allowed- by Law; 8. That there is satisfactory proof that the type and value of prizes will conform to Law; 9. That no rent for the premises has been paid and j As a result of the findings- and determinations stated above the application to amend the license of the_ Queensbury Central Vol- unteer Fire Company Inc. is hereby granted.. RESOLVE, that the Town Clerk be and is hereby authorized and directed to sign the necessary findings and determinations and issue and amended license to conduct bingo games in accordance with the application received. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Akins and Mr. Webster.' j Noes - None The following caommunicati-on was received and read to the Board Queensbury Central Volunteer Fire Co.,, Inc. 1 Foster Avenue Glens Falls, New York • January 30, 1962 Town Board Town of Queensbury - - Warren County New York Dear Sirs The following is a complete roster of the Officers and Fire. men of the Queensbury Central Volunteer Fire Company . •Inc 1 V . Foster Avenuue, Town of Queensbury, Warren County, New York for the year 1962. i Officers President ------------------Karl Chadwick Vice President--------------Robert M. Griffin I Secretary-------------------C. Powel South Asst Secretary-------------James Robison Jr. Treasurer------- ------.-Paul Sperry Directors-----------------—Robert F. Stott Harry Stewart John Schoelermann Chief- _-T. Floyd Sleight lst. A.ss 't Chief-•-----------Bertram Martin 2nd. Asst Chief------------George Liapes Captain---------------------Andrew R. Butz Lieutenant------------------George Reese Captain of Fire Police- Kenneth Gage Chaplin---------------------Clayton Ramsey I i i Firemen (members) Andrew R. Butz------------------2 Glendale Drive Glens Falls, N.Y. Karl Chadwick--------------------RD #I Lake George, N.Y. Bernard Codner------------------RD #2 Glens Falls, N.Y. GeorgeDaley---------------------RD #1 rt tt tt Robert Dickinson-----------------21A Lafayette St. " it it Kenneth 'Gerge------- -------------RD #1 t* tt tt LeRoy Gordon-------- ----14 Foster Avenue tt tt tt Robert M. Griffin---------------RD #2 it it tt Thomas Fredericks- -- 667 Glen Street " 't tt Charles Howe--------------------88 Glenwood Ave. t* it tt Owen Kane-----------------------297 Bay Road ft tt tt Charles King-----------------..--33 Aviation Road tt Brian LaClair-------------------51 Aviation Road " '* tt Gerald LaClair------------------51 Aviation Road. Malcolm Lester Jr.---------------RD #2 00,044 Frederick Leuenberger-----------RD #1 Lage George MY . George Liapes-------------------3 Foster Ave. Glens Falls, N.Y.. Bertram Martin------------------RD #2 t* it tt J. Ernest Miller-- --------144 Ridge St. '* it tt Winfield Nichols Sr--------------3 Linden Ave. '* tt it Clayton_ Ramsey------------------690 Glen St. tt tt it George Reese--------------------34 Prospect Dr. t' n tt Francis Robillard---------------RD #1 t• '* it tt tt James Robison Jr----------------56 Western Ave. 't John Scholermann----------------54 Aviation Rd. Frank Shorten------------------11 Vista Court' J. Floyd Sleight------- --------Ill Aviation Rd. Jesse Smith-------------------- -121 Dixon. Rd, tt t� tt C. Powel South------------------29 Parkview Ave. Paul Sperry---------------------171 Dixon Rd. tt tt tt David Sperry--------------------RD #1 Lake George, N.Y. Timothy Sperry------------------171 Dixon Rd, Glens Falls N.Y. Arthur Stewart--------------=--wRDI #2 tt it tt HarryStewart--s-----------------RD #2 " it " Robert F. Stott--------------r---257 Bay St. rt - tt ,t Walter Whitman------------------178 Aviation Rd. " tt tt Total. Active Membership- --- --36 '-- Men on leave­----- »------------- 0 . Total Company Roster------------36 The above list will be added to or subtracted from as the member- ship of this company changes, by letter to the Town Board, from the Secretary of this company. A new list of officers will be submitted in April 1962 after the annual election of the Queensbury Central Vol. Fire Company Yours truly C. 'P'owel South Secretary The preceeding roster was duly adopted by the Town Board. Mr. South states this roster supercedes all prior lists. The clerk read and placed on file the following letters: Congress- of the United States House of Representatives Washington.,, D. C. - February 7, 1962 George C. Crannell, Town Clerk Town of Queensbury _i Glens Falls, New York Dear Mr, Crannell: I am encloseing-a letter I have received from the Postmaster General in reply to my endorsement of the Resolution recently passed by the Town of Queensbury, relative to a new post office building. 92 As you will see, my letter has been forwarded to the Regional Office in Nev. York for direct reply„ and as soon as any futther information is received_, I will contact you. ' With every good wish, I am _ Sineeeely yours, CAFLE'TO J. KING,, M.C. Office of the postmaster General Washington„ 25� _ _February _6 LL1962____ Honorable Carelton J. King House of. Representatives Washington 25, D. C. Dear Congressman: Thank you for your letter of January 31. endorseing the Resolution from the Town of Queenshury� New Yorker _urging the establishment of a new post office facility. I am forwarding your letter to the proper officals for appropriate attention and direst regly_ toyouu at an early date. ------------- Kindest regards% ---_ Sincerely, _ J. Edward_ n°y postmaster General no'st Office Department Bureau of Operations----------- _ Washington, D._b- ---------------- Febr3ry, 7, 1962 Mr. George C. Crannell -- �-_- -----_-_ __ Clerk, To*-m of Quee*±sbury Glens Falls, 'New Yo'rk i Dear Mr. Crannell: Tw We have the cop, of the Resolution adopted by the Town Board of the Town of Queensbury, New York, requesting the Establishment of a ;post office in the Town of Queensbury. t p We have requested that a service survey be made to determine the postal needs in the area. i In view of your interest in behalf of the Town of QueEnsbury, we will let you know the result of the survey. i Sincerely yours, j John D. Swygert Acting Director Installations Management Division Superintendent of Highways Mx. Bernard Codner reported that the i road grader is out of use at this time.. After discussing the extensive repairs that have been encountered in the past, the board requested that Mr. Codner arrange a meeting with the original supplier with the'hopes ` of arriving ata solution to the problem. It is suggested that this matter be handled at the next regular meeting on Mardh 8, 1962. I ' Mr. George Liapes submitted quotations on the diaphram centrifugal Pump which was suggested for use in all water districts. The quotations were referred to the water commitee. ! '93 RESOLUTION NO. 44 introduced by W. Akins seconded by Mr. Turner.. WHEREAS„ it has been determined that certain advantages could be obtained for residents in areas .mow�- serviced by water systems, but not presently within the bounds of a water district, ty virtue of the provisions for operation, maintenance and repairs and reduced insurance rates and WHEREAS, these residents at present are unmetered and paying a double, flat city rate, which cost could conceiveably be reduced if charged at the uniform town metered rate and WHEREAS, in the formation of a water district it is provided by law that all residentsof the proposed district must be advised of the maximum estimated cost and . the cos-t of water is an im: portant factor,, the comparative costs of which should be deter- mined by sample metering. NOW THEREFORE 13E IT RESOLVED, that George Liapes be and he here- by authorized and directed to purchase 10 ten 3/4 inch water meters and have the same installed in the proposed Paxkview Water District Ext.. The permission of home owners for insta-- lation to be arranged for by Mr. Akins and the cost of meters and installation to be a general town charge, later to be `trans. fered to the water district when formed.. Duly adopted by the following vote: Ayes t- Mr. ,Beaty, Mr. Turner,, Mr. Akins and Mr. Webster. Noes - None Mr. John VanDusen, entered the meeting at this time. The Town Surveyor presented a map, as had been previously requested of Rockhurst Road, to do with the section which will be abandoned and deeded to Mr. Wolfe at a later date. Maps of the proposed Dixon Road - Parkview Avenue section tand �- the Horner Avenue section into Quaker Road were also submitted for study. Mr. Webster, presented the following letter from the Cemetery Commission; CEMETERY COMMISSION Town of Queensbury Glens Falls, N. Y. February 20, 1962. Mr. John 0. Webster, Supervisor R. F. D. # 1 Glens Falls,. N. Y. Dear John: The .Cemetery Commission of the Town of Queensbury has given careful consideration to the matter of permitting the leasing of a portion of the Route 9 Road frontage of the Pine View Cemetery property for commercial purposes. t It is the opinion of the Cemetery Commission that we ere not ,now in possession of enough detailed informat}on to make a proper decision in such an important move. Many factors Vould have to be considered before a final approval could be properly given. We will say thlit we believe that further study and negotiat- ions should be made, and at this point, at least, we would not voice our disapproval of suc h a move if favorable and legal arr- angements could be completed in such a manner as not to conflict with or be detrimental to the use of the remaining property for burial purposes and related uses of the Pine View Cemetery. 94 - It is-therefor, our recommeudation at this time that more detailed plans and recommendations be worked out,, preferable shown on a map of the area, and as soon as this informationis available, we will be glad to meet and live the matter our careful attention and then forward our recommendations to you. Very truly yours, Sidney VanDusen Secretary A,special meeting to be held on March 1, 1962, was arranged `at this time. It is the hopes of the board to interview interested parties to do with the sale or lease of the frontage of then Fine View Cemetery on Route''9. It will be the aim of the board to secure detailed information to be used in making final decision. in this matter. RESOLUTION NO. 45 introduced by Mr. Beaty seconded by Mr. Akins. WHEREAS, this Board has made tentative plans, for establishing a source of water supply and a water distribution system in the Town of Queensbury and will require the services. of a competent engineer, and WHEREAS, Joseph A. Kestner r Jr. ,, consulting engineer, of 139 North Lake Avenue, Troy, N. Y., who has performed some engineer- ing services for the town in the past, has made a proposal in a. letter to John 0, Webster, Supervisor dated January 10, .1,962..V to perform such services on a per diem basis as set forth therein, and WHEREAS, this Board is satisfied that the terms proposed by Mr. Kestner are reasonable,; be it , RESOLVED, that the Town Board retain Joseph A. Kestner, Jr. to perform engineering studies and related services in connection with the planning of a town water supply and -distribution system at the rates and under the conditions set forth in said letter of January 10, 1962, but that such services shall be limited to those authorized or requested by this Board, and that the Supervisor be and he hereby is authorized to excute such letter on behalf of the Town of Queensbury as a contract for such services. Duly adopted by the following vote: { Ayes -- Mr. Beaty, Mr. Turner„ Mx. Akins and Mr. Webster. Noes None It is resolved that the contract previously submitted by Nlr. Kestner is hereby approved by the board. The contract has .begn signed by each member of the board and same has been forwarded to Mr. Kestner by the Clerk. i RESOLUTION NO. 46 introduced by Mr. Akins seconded by Mr. Beaty. WHEREAS, the State Board of Equalization and Assessment has estab- lished a tentative 1962 equalization rate for the Town of Queensbury at 40, and WHEREAS, a hearing on this matter has been set for February 28, 1962, at 2 p. m., at the hearing room at 155 Washington Avenue, Albany, N. Y. and THEREFORE BE IT RESOLVED, that Supervisor Webster, Councilman Beaty,; and Leon Nassivera, Chairman of the Board of Assessors, are requested to attend this hearing and enter a protest of the tent- ative rate established for the Town, and BE IT FURTHER RESOLVED, that these officials act on behalf of the Town in doing whatever can be properly done to improve the final equalization rate to be established for the Town of Queensbury. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr, Turner, Mr. Akins and Mr. Webster. 95 The• sample• proofs of the Town Directory for 1962 - 63 were presented to the members of the board. Following minor changes the directories will be printed and a supply will be available . for distribution at a early date. Albert Beswick IL Attorney at Law Glens Falls, N. Y. February 16v 1962. Hon. Meredith S. Bentley County Line Road j Glens Falls, N. Y. Dear Judge Bentley: Since the Town of Queensbury has become a town of the first class and there is nog provision for the office of, constable in a town of the first class, you have asked ray opinion whether town policemen may act with the same authority as- constables in civil matters. Subdivision 1(a) of Section 20' of the Town Law provides that in any town in which a police department has been estab- lished according to law, the town board may appoint not more than four civil officers who shall possess all the powers and duties of constables in civil actions and proceedings only, and shall be paid no salary by the town board but shalltbe entitled to collect the statutory fees allowed by law in such civil actions and proceedings. Section 150 of the Town Law provides that a town of the first class may establish a police department and that when appointed such policemen shall be peace officers and shall have all the powers and be subject to all the duties and liabilities of a constable in all criminal actions and pro- ceedings and special proceedings of a criminal nature. Such town police must be paid salaries and may not retain any fees. From these two sections, I conclude that ,there should be civil officers appointed by the town board in addition to the regular town policemen. I see no reason why the policemen„ or some of them, should not also be appointed 'civil officers if they are willing to undertake the civil work for the fees involved. Yours very truly, _ Albert E. Beswick County Attorney RESOLUTION NO. 47 introduced by Mr. Akins seconded by W. Turner. WHEREAS, by resolution #24 (January 1, 1962) page 64 the town board, did appoint personnel of the town Police Department and fix salaries for such duties and WHEREASA it has been the policy of and is still the intent and desire of this board to allow such officials to retain their oivil fees and WHEREAS , because of change of status to a first class town and in accordance with Section 150 of Town Law it is permissible for such officers to retain their civil fees only-if designated 4s "Civil Officers" NOW THEREFORE BE IT RESOLVED, that each police officer of the Town of Queensbury be and they hereby are appointed as "Cilgil Officers" with terms of office to run concurrently with that of Police officer and retroacting to the time of 'original appointment. Duly adgtopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Akins and Mr. Webster. Noes - None Jk__ RESOLUTION NO. $8 ., introduced by Mr. Akins seconded by Mr. Beaty. i RESOLVED, that the provisions bf subdivision 10-a, Section 29, of the Town Law, shall apply with respect to the publishing of the Supervisor's annual report for the year 1961, and for subsequent years until this resolution is rescinded. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner,' Mr. Akins and Mr. Webster. Noes - None Mr. Webster,, reported that at the Mike Yaffee, construction site on the Country Club Road, the pathway of the brook has been change,' with the possibility of future retarding of the flow of the; water,4 It is the suggestion of the board that the County Attorney should be contacted for a ruleing in this matter. The Schedule of Audits for the Town .of Queensbury, Warren County,, New York, for the month of February 1962, was examined and approved by the board. RESOLUTION NO. 49 introduced .by Mr. Turner seconded by Mr. Akins. RESOLVED, that the February 22, 1962 audit of claims as listed in Abstract number 62-2A, containing claims numbered 118 through 134 inclusive, and totaling $4,073.84 is hereby approved. Duly adopted by the following vote: Ayes Mr: Beaty, Mr. Turner, Mr. Akins and Mr. Webster. Noes None On motion the meeting was adjourned. c/ Georg C. Crannell. Town Clerk SPECIAL FETING t To discuss: March 1, 1962 Issuance of permit to Queensbury Central Volunteer Fire Company, to conduct a carnival. Also the proposition of the sale or rental of a port .on. of Pine- view Cemetery. Present: John 0. Webster Supervisor N. Harwood Beaty Councilman Theodore Turner Councilman Curtis Lampson Councilman Harold Akins Councilman The meeting was called to order at 7:35. a The following visitors were welcomed: � Mr. LeRoy Gordon - Fieemnan Queensbury Central Vol. Fire Co. Mr. Robert Stott - Director Queensbury Central Vol. Fire Co. Mr, C. bowel South - Secretary Queensbury Central Fire Coo. In reference to the Carnival permit for the Queensbury Central Vol. Fire Co. Mr, Robert Nolan - District Attorney Mr. Frank Cowles - Representing Cemetery Commission Mr. Michaei''.Gehrity In interest of the sale or lease of a portion of the Pineview Cemetery. I! i