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1960-05-26 168 Leon M, Steves Surveyor-Helper 11.25 11.25 169 Allen P. Towers " " 17.25 17.25 1.70 Wagoner Bus.Equip. Chemcleaning and adj. of R.C.Allen typewriter 24.10 24.10 '`j171 Louis Corlew Shovel.snow(hydrants) NGFWD 42.00 42.00 172 Wallace Denton Dig. up- tap on Glen St, NGFWD 8.40 8.40 173 Russell & Wait Office supplies-WGFWD 25.04 25.04 174 Village L.George 1 gal.chlorine from water dept. 1.00 1100 175 W.F. Miller 10 gal. kero.for flares - NGFWD Fd, 1.65 1.65 1 33-.744325.65 - On motion the meeting adjourned. Town Clerk Regular Meeting May 26, 1960 Present: John 0. Webster Supervisor Meredith Bentley Justice of the Peace Stanley B. Miller Councilman Harold Akins Justice of the Peace The meeting was called to order at 7:37 p.m. by the Supervisor. The Board generally discussed the proposed water supply for the water districts in the Town of Queensbury. The matter of the testing of the volume of water supply was referred to Mr. Akins. The necessary local steps to be taken were referred to the committee composed of Mr. Webster and Mr. Miller: Donald Chase, president of the West Glens Falls Fire Company No, 1, Inc. , — was present and presented an application to hold a carnival. The follow- ing is the applicat�onc WEST GLENS FALLS FIRE COMPANY NO. 19 INC. May 16, 1960 To the members of the Town Board: We, the members of the West Glens Falls Vol. Fire Co., request permission to hold a carnival known as the O.C. Buck Shows on the Firemen's Field, east of the firehouse on the Luzern Road, June 20, 1960 thru June 25, 1960. Thank you. - Leon S. Richardson, Chief Hw also presented to the Board_ a certificate of insurance. Resolution No. 73 introduced by Mr. Akins, seconded by Mr. Bentley and Mr. Miller. RESOLVED. that permission is hereby granted to hold a carnival as follows: Sponsor.-West Glens Falls Fire Co. No. 1, Inc. Shows--Oscar C. Buck, d/b/a O.C. Buck Shows Dates--June 209 1960 to June 25, 1960 inclusive. Place--Firehouse lot west of the firehouse. Fee--$100 86 FURTHER RESOLVED that certificate of public liability insur- aance be supplied in the amount of $100,000 each pers9n and $300,000 each accident prior to the issuance of the permit. FURTHER RESOLVED that the Town Clerk be and is hereby author- ized and directed to issue a permit to hold carnival as aforesaid upon payment of the fee of $100. ,Duly adopted by the following vote: Ayes - Mr. Miller, Mr. Bentley, Mr. Akins , and Mr. _Webster Noes - none The necessary certificate of insurance was received and fiied. A discussion was had respecting the proposed laying of a water main under the East-West by-pass of the City of Glens Falls at its inter- _ section'with Ridge Road. Resolution No. 74 introduced. by Justice Akins, seconded by Councilman Miller: RESOLVED that Bernard Codner, Tovm Superintendent of Highways, be and is hereby authorized and directed to acquire by purchase 4 lengths of 81' cast iron pipe with mechanical joints and suitable caps at town expense to be installed on Ridge Road under the East- West by-pass of the City of Glens Falls at its intersection with Ridge Road. Duly adopted by the following vote: Ayes - Mr. Miller, Mr. Bentley, Mr. Akins and Mr. Webster Noes - none Resolution No. 75 introduced by Justice Akins, seconded by Council- man Miller: WHEREAS a plan for a subdivision of lands in the Town of Queensbury has been presented and a map entitled "Map of West Moun- tain Park, being of the lands of Frank K. Bronk and Royal J. Braydon, Town of Queensbury, Warren County, New York, ') dated October 7, 1959, which map has been approved by the district health officer as shown-by a certificate made thereon showing such subdivision, has been submitted to this Board for its approval, and WHEREAS- such planned subdivision complies with the provisions of the ordinances regulating subdivisions in the Town of Queensbury, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Queensbury hereby approves the map and plan- of the subdivision of the area hereinbefore-described on map of West Mountain Park a* shown on said map and plan. FURTHER RESOLVED that the Town Clerk be and is hereby author- ized and directed to notify Frank K. Bronk and Royal J. Braydon of approval of the map and plan. r Duly adopted by the following vote: Ayes - Mr. Miller, Mr. Bentley, Ms. Akins and Mr. Webster Noes - none The following communication was presented b the Board:. QUEENSBURY CENTRAL VOLUNTEER FIRE CO. , INC.. 1 Foster Avenue Glens Falls, New York 25 May, 1960 Queensbury Town Board Town Clerk's Office -- Ridge Street Glens Falls) N. Y. -- Dear Sir: -- Will you please remove from. the Active List of the Queensbury Central Volunteer Fire Co. , Inc. , dated 13 April, 1960 and submitted on 14 April, 1960 the following navies. Louis DeLillo Gordon Webster 104 Dixon Rd, 14 Homer Ave. Glens Falls , N. Y. Glens Falls , N. Y. The men have resigned from the Company. Mr. LeRoy Gordon was elected Chaplain to fill the unexpired term of Louis DeLillo. !I Trusting this matter will be attended to, I remain Yours truly, C. Powel South Recording Sec•y An application was received from the Queensbury Central Volunteer Fire Company, Inc., to conduct Bingo games. The application was received and filed. Resolution No. 76 introduced by Councilman Miller, seconded by Justice Akins: WHEREAS an application has been presented to this Board by the Queensbury Central Volunteer Fire Co. , Inc. for a license to conduct Bingo games, and WHEREAS investigation has been made by this Board and after such investigation this Board makes the following findings and determina- tions: 1. That-the applicant is a, qualified organization as defined by law; 2. That all of the members designated to conduct games are bona fide active members of the applicant organization; 3. That all the members designated to conduct games and the assistants are of good moral character; 4. That all the members designated to conduct games and the assistants have never been convicted of a crime; 5. That the games are to be held according to the Bingo License Law, and rules and regulations of the State Lottery Control Commission and local ordinances; 6. That the entire net proceeds are to be used solely for the purposes permitted by the Bingo License Law; 7. That there is satisfactory proof that no commission, salary, compensation, reward or recompense will be paid or given to any person for the conducting of games or assistance thereon except to the extent allowed by law; 8. There is satisfactory proof that the type and value of prizes will- conform to law; 9. That no rent for the premises is being paid , and as a result of the findings and determinations stated above, license is granted. FURTHER RESOLVED that the Town Clerk be and is hereby- authorized and directed to sign the necessary findings and determinations and issue a license to conduct Bingo games in accordance with the application received. Duly adopted by the following vote: Ayes - Mr. Miller, Mr. Bentley, Mr. Akins and Mr. Webster Noes - none George Liapes, supervisor of the North Glens Falls Water District, was present and discussed the proposed extension of the water line west of Foster Avenue. S� Resolution No. 77 introduced by Councilman Miller, seconded by Justice Akins: RESOLVED that the Superintendent of the North Glens Falls Water District and its extensions be and is hereby authorized and directed to cause to be laid a water main westerly alozag Foster Avenue in the North Glens Falls Water District Extensjon,to provide water to the property of Earl T. Carswell. FURTHER RESOLVED that the Superintendent of the District be and is hereby authorized and directed to arrange with the Town Superintendent of Highways for the installation-of the extension of said pipe line westerly along Foster Avenue. Duly adopted by the following vote: Ayes - Mr. Miller, Mr. Bentley, Mr. Akins, and Mr. Webster Noes - none Resolution No. 78 introduced by Justice Akins , seconded by Councilman Miller: RESOLVED that the Superintendent of the North Glens Falls Water District and its extensions be and is hereby authorized and directed to cause to be laid a water main from the end of the existing 611 water main on Pine Crest Drive and extending southerly to provide water to the property owned by one Williams for a distance of approximately 1351 . FURTHER RESOLVED that said Superintendent be and is hereby authorized and directed to arrange with the Town Superintendent of Highways for the installation of the extension of said pipe southerly as aforesaid. Duly adopted by the following vote: Ayes - Mr. Miller, Mr. Bentley, Mr. Akins, and Mr. Webster Noes - none Resolution No. 79 introduced by Councilman Miller, seconded by Justice Akins: RESOLVED that the Superintendent of the North Glen§ Falls Water District and its extensions be and is hereby authorized and directed to cause to be laid a water main on Carleton Drive begin- ning at the end of the existing line at its westerly terminus on Aviation Road and running thence north on Carleton' Drive to connect with the existing line on Carleton Drive. . FURTHER RESOLVED that the said Superintendent be and is hereby authorized and directed to arrange with the Town Superintendent of Highways for the installation of the water pipe as aforesaid. Duly adopted by the following vote: Ayes - Mr. Miller, Mr. Bentley, Mr. Akins, and Mr. Webster Noes - none John Van Dusen, surveyor, was present and discussed with the Board the matter relating to the installation of the water pipe under the East-West by-pass of the City of Glens Falls. At this point in the meeting the Board discussed the report of the examination of the fiscal affairs of the Town of Queensbury by the Department of Audit and Control. Resolution No. 80 introduced. by Justice Akins, seconded by Council- man Miller: RESOLVED that the Town Superintendent be and is hereby author- ized to purchase gravel for use on Town highways at a price of not to exceed 10 cents per yard. Duly adopted by the following vote: Ayes - Mr. Miller, Mr. Bentley, Mr. Akins, and Mr. Webster Noes - none 3g The following communications were read to the Board: STATE TRAFFIC COMMISSION 95 Washington Ave. Albany 1, N. Y. May 24, 1960 Town Board Town of Queensbury Warren County Gentlemen: This concerns the intersection of Route 9L with Lockhart' Road in the Town of Queensbury. During a recent review, our field representa- tives noted that an old style yellow Stop sign was in place on Lockhart Road. A check of our records reveals that such Stop sign has not been duly authorized by a Traffic Commission Order. Conditions at this intersection are such that control of traffic by a Stop sign .on the side road appears desirable. lie have, therefore, designated the intersection as a Stop intersection and directed the State Department of Public Works to install a Stop sign. This sign will be the modern red and white Stop sign. A copy of the order is enclosed for the records of the Town. Very truly yours, STATE TRAFFIC COMMISSION Lloyd A. Maeder Director STATE TRAFFIC COMMISSION 95 Washington Ave. Albany 1, N. Y. Date--May 24, 1960 William C. Bassette, Supt, Div. of Operation & Maintenance Department of Public Works `. Albany 1, New Yorl: Traffic Commission Order Pursuant to authority conferred by the New York State Vehicle and Traffic Law, the State Traffic Commission hereby 1, Designates the intersection of Route 9L, Fort George- Brayton, S.H. 1869 with Lockhart Road, a Town 'Highway, at Station 172*00* on S.H. 1869 in the Town of Queens- bury, Warren County as a Stop intersection, 2. Directs the New York State Department of Public Works to install and maintain a Stop sign in conformance with the Manual of Uniform Traffic Control Devices of the State `Traffic Commission at its northeasterly entrance to the Stop intersection designated in Item 1 above. ` Kindly advise the Traffic Commission when this order has been complied with. cc: Supt. State Police STATE TRAFFIC COMMISSION Town Board-Queensbury Lloyd A. Maeder Sheriff Director The following communications, applications for junk yard licenses, were received and read to the Board: ADIRONDACK WASTE CO. R.F.D. 3, Glens Falls New York Town of Queensbury _ r John 0. Webster, Supervisor 40 Dear Sir: Through an oversight, our permit was not renewed. I am enclosing a check to cover payment for renewal. Thank you. Very truly yours, Roslyn N. Alkes TOWN OF QUEENSBURY Application for "Junk Yard" License I/We - Morgan K. Combs, hereby make application for a license to operate a Junk Yard, as defined in the Town of Queensbury Ordinance, Sec. #2, adopted December 21st, 1957. The proposed location of this Junk Yard is as follows: VanDusen Road, West Glens Falls A map, as required, is attached hereto. I have read the Ordinance in its entirety and agree to comply with all of its provisions. (Signed) Morgan K. Combs Subscribed and sworn to before me this 25th day of May, 1960. - Theodore Turner Notary Public TOWN OF QUEENSBURY Application for "Junk Yard" License If We - Leon Dean, hereby make application for a license to operate a Junk Yard, as defined in the Town of Queensbury Ordinance, Sec. #2, adopted December 21st, 1957. The proposed location of this Junk Yard is as follows: 'Corinth-Road Lee's Service Station and Garage A map, as required, is attached hereto. I have read the Ordinance in its entirety and agree to comply with all of its provisions. (Signed) Leon Deane Subscribed and sworn to before me this 25 day of May, 1960. - Theodore Turner - - Notary Public ° Resolution No. 81 introduced by RESOLVED that VbaI,c;,yArd,v1Jci nbasabd issued to the following: Adirondack Waste Company, Junk yard, north side of Luzern Road; Morgan K. Combs, Junk yard, Van Dusen Road; Leon Dean, Junk yard, Corinth Road. RESOLVED that the Supervisor be and is hereby authorized to issue a renewal of the junk yard license for the year 1960 to the above named. Duly adopted by the following vote: Ayes - Mr. Miller, Mr. Bentley, Mr. Akins, and Mr. Webster `Noes - none The Town Clerk paid over to the Supervisor $20 in cash which was re- ceived by her with the application of Leon Dean and Moran Combs, The Board at this point discussed the purchase of additional voting machines to be used in the election districts in the Town of Queensbury at a cost of $1,531 each f.o.b. Jamestown, N. Y. 4 Resolution No. 82 introduced by Councilman Miller, seconded by Justice Bentley: RESOLVED that the Supervisor be and is hereby authorized and directed to acquire by purchase for use at the election to be held in November, 1960, from the Rockwell Manufacturing Co. , Jamestown, New York, three voting machines at a _cost of not to exceed $19531 each f.o.b. Jamestown, New York. Duly adopted by the following vote: Ayes` - Mr. Miller, Mr. Bentley, Mr. Akins, and Mr. Webster Noes - none _ t The Supervisor announced that the American Legion in the Town of Queens- __ bury had invited the Board to participate in the parade to be held on Memorial Day. The Supervisor read a communication from F. Gilheany in which the Board was thanked for its prompt action in the matter of the condition exist- ing on 1 Greenway North. The following petition was presented and read to the Board: May 14, 1960 Town. Board Town of Queensbury We, the undersigned merchants of Glen Lake, respectfully petition the Town Board- to deny Mr. Dudley Mooney's request for removal of Glen Lake advertising signs, at the Route 9 intersection. -- t Let it be stated here that the signs in, question do not obstruct the view of the Mooney business establishment nor detract from its appear- ance. The large yellow sign was designed and lettered by one of the foremost sign painters in Northern New York and has , since its erection a year ago, drawn much favorable comment from local residents and the touring public alike. It has decidedly benefited the merchants of Glen Lake; and what helps the few, also helps the entire community. Whatever Mr. Mooney's motive, we feel it is extremely unjust of him to request an action which, if granted, would drastically reduce business at Glen Lake and cause undue hardship to the merchants. We trust that,. after due consideration, your Board will concur that the signs are essential to the welfare of our respective enterpriseq, and that your Board will decide in favor of continuance of such advertising as now exists at the Route 9 intersection. Breen's Tavern *Glenmoore Hotel Rippling Waters Motel Elton M. Breen Myrtle Thomas Agnes Breen Sumner Thomas Glen Lake Casino La Cabanna Restrnt. Sullivan's Pavilion Betty Wright Peter J. Orsini James J. Sullivan Harlan M. Wright Gloria Orsini Celia Sullivan *The proprietors of Glenmoore Motel are presently en route from Florida and are not available for signatures. The following communications were read to the Board: DE LONG'S DAIRY 235 Bay Street Glens Falls , N. Y. May 17, 1960 Queensbury Town Board Frances Turner, Clerk Glens Falls, N. Y. 42 Gentlemen: Re: Use of water at De Long's Dairy - I am writing you regarding the use of water at De 1.ong's Dairy, 235 Bay Street, Town of Queensbury. During the first week of July, 1956, we installed an evaporator con- denser, which enabled us to re-circulate the water on our ammorria compressor. We expected this to cut the use of water at our plant to about one-quarter of what we had been using. Unfortunately, the meter went out of, order at about this same time atilddid not register. It was not repaired until January 2, 1958. The water used from August 1956 to January 1958 was estimated on the results of the first four months this repaired meter was in service. I have been convinced right along that this meter was not registering right and in January of this year, we ran a test in our own plant. The meter was registering about three times the amount of water actually used. We had the meter taken out and tested by the Glens Falls Water Department, and the meter proved completely* unreliable at several tests taken at different rates of flow. The meter was repaired and put back in service February 10th, 1960. On May 7th, the meter registered 134,578 cu. ft. of water used. I am listing below some of the recent amounts we were charged for: November 1, 1958--January 7, 1959 352,862 cu. ft. February 7, 1959--May 8, 1959 _ 329,167 cu. ft. May 8, 1959--August- 11, 1959 674,599 cu. ft. August 11, 1959--November 7, 1959 4,881,622 gal. or approximately 650,883 cu. ft. We naturally expect to pay for the water we have used, but we do know that due to a defective meter, we have been grossly overcharged since August, 1956. We feel that someone or some committee should estimate the water used from August 1956 to February 1960, and that we be given a refund or _ credit against future use for the overcharge. Very truly yours, DE LONG'S DAIRY, INC.. A. Herbert DeLong CC John Webster President Stanley Miller Meredith S. Bentley Curtis Lampson Harold Akins ALBERT E. BESWICK Attorney at Law y Glens Falls N.Y. May 26, 1960 Mr. John 0. Webster, Supervisor Chestnut Ridge Road Glens Falls , New York Dear John: Re: DeLong's Dairy This is written in response to your telephone inquiry this morning about the claim of DeLong's Dairy that they have paid an improper amount of water rent because of a defective meter. As I understand it, Mr. DeLong at some time advised either your Water Superintendent or the Town Board that the meter was defec- tive, which resultd in a removal of the meter and the testing which disclosed that the meter actually was defective. 48: I do not know when Mr. DeLong gave that notice or to .whom he gave it but I would say that he should be able to recover the excess water rent paid after the date he gave such notice. The meter may have been defective for yep.rs but he cannot recover the amount of water rents improperly billed prior to the date hg g4ve notice of the defective meter. The proper procedure would be for DeLong to file a verified claim for refund which would set forth all of the particulars and the amount claimed: -After you have such verified claim you could then have a con- ference with Mr. DeLong and perhaps arrive at an amount to be refunded. The first step is the claim. I recommend that you do not confer with Mr. DeLong and assist him in preparing this claim and that the confer- ence take place after the claim has been filed. Yours very truly, ALBERT E. BESWICK County Attorney ALBERT E. BESWICK Attorney at Law Glens Falls, N. Y. May 26,, 1960 Mr. John 0. Webster, Supervisor Chestnut Ridge Road Glens Falls, New York r Dear John: You have referred to me for opinion a claim by Mrs. Elsa M. Avery as set forth in her letter of April 5, 1960* in which she claims damage in early December, 1959 by the backing up of water in her basement which she apparently claims was due to stoppage in your storm sewer to which her cellar drain has been connected. First of all, there is no drainage district in the Fort Amherst area and the storm sewer would normally have been installed for highway drainage only. Unless the Town Board had specifically authorized connection of cellar drains I would say that such connection is illegal. In the second place, even if the Town had authorized the connection of the sewer drain to the storm cellar the Town would not be liable for the backing up of water unless some responsible officer of the Town had -actual knowledge that the storm -sewer was stopped up and ,failed within a reasonable time to remedy the situation. There has to be either notice or actual knowledge and the failure to act within a reasonable time to impose liability -on the Town. - - In the third place, since this claim is based on negligence, Mxs. Avery would have had to file with the Town Clerk, within ninety days from the time the claim arose, a verified notice of claim stating all of the particulars required by Section 50-e of the General Municipal Law, The Courts have held that a municipality may not waive the filing of a claim. Since the claim arose sometime in December, 1959, the ninety day period would have expired sometime in March. Since no claim was filed, I would have to advise you that even though the claim had merit you could not waive the failure to file notice of claim. I return herewith the letter of Mrs. Avery and the bill of Call Hardware Corporation attached thereto. . Yours very truly, ALBERT E. BESWICK County Attorney On motion the meeting adjourned. her Town Clerk