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1953-07-25 94 The monthly statement of the Supervisor for the month of May for receipts and disbursements was read. The following recommendation was read: July 1, 1953 Town Board Town of Queensbury Gentlemen: I hereby recom;nend that the compensation of the shovel operator be fixed at $1.40 peat Your. Very truly yours s. (Signed) Ernest B. Lackey - Town Superintendent. Resolution No.. 6 introduced by Justice Bentleys. seconded by .Justice Sleight: It is resolved that the compensation of the shovel operator be fixed atl_.40 per hour beginning July 1, 1953. Duly- adopted by the following vote- Ayes. - Mr.. Bentlr,y, Mr. Lampson, Mr.. Sleight and Mr. Harris Noes - none On motion the meeting adjourned. —bran e Leer Town Clerk I July 25 , 1953 Regular Meeting _ Present:: Supervisor H. Russell Harris justice of the Peace Meredith Bentley Justice of the Peace Henry Sleight Councilman Raymond Walkup Councilman Curtis Lampson The board convened at 7::30 P.M. Mr. and Mrs. Neil, Brown and Angela Romano called Mr.. Robert E. Smith, on the board in reference to hard-surfacing Fine St. between Carroll St. and the Boulevard;, they also requested street lights. The matter e Town Board and referred to the High- was generally discussed with th way committee. Mrs. Moore called on the boadonentreference rovide area adrainage. cellar. She asked that something be p Resolution 62 introduced by Justice Bentley , seconded by Justice Sleight: ` RESOLVED that the Town Superintendent be and is hereby re - -I quested to take the necessary steps to provide suitable surface —; drainage for the highway mown aw Glenwood Avenue in the Town of Queensbury. Duly adopted by the following vote Bentley , Mr. Lampson, ,,,Ir. Sleight and Mr. Harris Ayes - Mr. Walkup, Mr. . I� Noes - none i f Resolution 63 introduced by Justice Bikntlby. , seconded by Justice Sleight: RESOLVED that John Van Dusen, the Town Engineer, be and is hereby authorized.,and directed to prepare plans .,for the purpose of providing sub-suitai-c'e' 'water drainage- in the Glenwood Avenue - Lake George Road area: Duly adopted by the following vote : Ayes - Mr. ?'Ialkap, Mr. Bentley, Mro' Lampson, P11r. Sleight and Mir. Harris Noes - none Frank Cowles was present and discussed the care of private cemeteries with the Town Board. -The following communication was read by the clerk: Albert E. Beswick Glens Falls, N.Y. July 3, 1953 Mr. Charles K. Denny Board of Cemetery Commissioners of Town of Queensbury Glens Falls , N.Y. Dear Sir: I have your inquiry as to the rights and obligations of the QUme- tery Commissioners of the Town of Queensbury with respect to abandoned cemeteries in the Town of Queensbury. Section 291 of the Town Law provides that the title to every piece of' land which shall have been used by the inhabitants of any town in this state as a cemetery or burial ground for the space of fourteen years shall be subject in the some manner er as other corporate property of towns, to the government and direction of the town boards. This section further describes the duties of the town board with respect to such cemeteries and fixes the limit of the amount which may be raised by taxation for the care of such cemeteries. Under the special act adopted by the Legislature relating to the Town of Queensbury, the cemetery commissioners are vested with the powers and duties which otherwise would be vested in the town board under Section 291. An Waandoned cemetery under the meaning of Section 291 is a cem- etery which is not owned by a cemetery corporation, a religious cor- poration or some private owner and which relates to the cemeteries which have been in general use for a period of years. In 1950 the State Comptroller rendered an opinion to the effect that Section 291 applies only to the general public burial ground and not to the private burial ground which has been used by one family. As I understand it, it was quite generally a custom in years past for a family to set aside a plot of ground for the burial of members of that family and which was not open to the public . Based on the opinion of the State Comptroller above referred to, it would seem that the Cemetery Commissioners of the Town of ,Queensbury would have no jurisdiction over a family burial ground. You have also raised the question whether there is an obligation on the Cemetery Commissioners to erect a fence around the cemetery which does come under your jurisdiction. The State Comptroller has ruled that the obligations of the town board under-Section 291. is to provide for the removal of grass and weeds but the town is not expressly required to 96 erect a fence around a cemetery although it would seem that if there is an existing fence , it should be kept in repair by the Cemetery Commission- ers. There is nothing in the town law which would prohibit you from erecting a fence around a cemetery if, in your opinion, it was desirable to do so to protect the cemetery. If I can be of any further assistance to you in this matter, please call on me. Yours very truly, (Signed) Albert E. Beswick, County Attorney, 'Darren County John Sullivan called on the Board in reference to the Glen Lake Road. The matter was referred to the Highway Committee and the Town Superin- tendent. John Hurley called on the Board in reference to drainage' in the Thomp- son development. The matter was generally discussec. with him. In the matter of the replacing. the surface of the highway which was re- moved for the purpose of installing the pipes in the Drainage District No. 1,in the Bvaadacres Section, the following communication was read to the Board: Albert E. Beswick Glens Falls , N.Y. July 3, 1953 Meredith S. Bentley , Esq. , County Line Road, Glens Falls , N.Y. Dear Judge Bentley :: You have aske my opinion on the matter of whether it is proper to allocate to the Queensbury Drainage District some of the cost of re- pairing the streets in the District following the excavation for the installation of the drains in the improvement, or whether such work should be a general town charge. It is my opinion that the cost of the improvement of the Queensbury Drainage District included the repair and expense of putting the roads back in the condition they were prior to the beginning of the improve- ment so far as the necessity for such i.-riprovement was caused by the excavation and other work in connection with the Drainage District, This normally would include the replacing of the dirt excavated and the replacing of any pavement which was torn up to make the excavation, and would also include the hauling away of any excess dirt. Any catch basins for street drainage and any general paving of the surface of the entire street would be a general town charge. I would suggest that the toiTn board make as accurate an estimate as may be possible of the cost of putting the street areas back in the same condition they were prior to the beginning of the work and charge such cost to the Drainage District and charge any further paving or other improvements as general highway expenditures. Yours very truly, (,Signed) Albert E. Beswick County Attorney Warren County The board generally discussed the matter of providing the necessary moneys for the replacing of such p avements. Resolution No. 64 introduced by Justice Bentley, seconded by Council man Walkup: 97 RESOLVED that the Supervisor be and is hereby authorized and directed-to.--transfer from the Drainage District No. 1 of the Town of Queensbury„ for the purpose of- replacing and repairing the pavement which was removed by the installation and laying of pipe in the highway of such district,; to the Highway Fund, $3,,000.00, and Be it further resolved that the Town Superintendent be and is hereby authorized and directed to repair and replace the pavement damaged or removed by the installation of the drainage -system, and Be it further resolved that any additional work which the Town Superintendent deems necessary upon the roads in that area shall. be paid for from Highway Fund No. 1_ of the Town of Queensbury. Duly adopted by the following vote :: Ayes - I�r, Walkup, Mr. Bentley, Mr. Lampson, Mr. Sleight and Mr. Harris Noes - none The Town Clerk advised the board that D. Frank Sullivan, chairman of the Democratic Committee , telephoned and asked that Evelyn Grant be named a Democratic inspector in place of Lester Viele in District No. 5. Res.o vtinn X Fti introduced by Justice Bentley, seconded by Justice Sleight: RESOLVED that the Supervisor be and is hereby authorized and directed to make application to the Niagara-Mohawk Power Corporation to remove and re-locate: poles at the intersection of Route 9 and the Aviation Road and along the Aviation Road. Duly adopted by the following vote : Ayes - Mr. Walkup., Mr. Bentley , Mr. Lampson, Mr. Sleight and Mr. Harris �i Noes - none. Resolution No. 66 introduced by Justice Bentley, seconded by Councilman Lampson: RESOLVED that Albert E. Beswick be and is hereby retain6d as , attorney to represent the interests of the Town of queensbury in an action entitled Levine VS. Town of Queensbury and prepare the neces- sary legal papers in the defense thereof. Duly adopted by the following vote : Ayes - Mr. walkup, Mr. Bentley, Mr. Lampson, Mr. Sleight and Mr. Harris Noes - none Resolution No. 67 introduced- by Justice Sleight, seconded by Justice Bentley: RESOLVED that the Supervisor be P�r_d is hereby authorized and directed to make application for permi.ssioh .toa,the`.,State Traffic Com- mission to provide , erect, operate and maintain on 'Route 9L S.H. 1869,; at its intersection with CR 54,, at Oneida Corners in-the Town of Queensbury,, a 2 section, 4 face traffic signal. Duly adopted by the following vote : Ayes - Mr. Walkup, Mr. Bentley, Mr. Lampson, Mr. Sleight and Mr. Harris Noes - none I 98 The Clerk read the following communication from the Queensbury Central Volunteer Fire Company: July 18, 1953 Town Board Town of Queensbury 388 Ridge Street Glens Falls , N.Y. Gentlemen: Enclosed list contains the names of all active firemen now on duty with the Queensbury Central Vol. Fire Co. Inc. Please disregard any previous lists you have. I will advise you-as to additions and sub tractions as I receive them. Very truly yourst Queensbury Central Vol. Fire Co. (Signed) Carl H. Wahlquist, Secy. Karl Anderson John Schoelerman Robert Bainbridge Jesse Smith Seward Ball Floyd Sleight Clarence Barber Paul Sperry Earl Carswell Harry, Stevens Bernard Codner Arthur .Stewart Karl- Chadwick Robert Stott Kirkham Cornwall Jerome Thorne George Daley Carl Wahlquist E. Venner Davey Norman Walbridge Sr. Richard Davis Walter Whitman Robert Dickinson Dr. Harrison Wilcox Kenneth-Gage Frederick Williams Harold Gardner James Wilson Arthur Goldman Dr. George Wiswall Carlyle Gooch Joseph Zobanski Benjamin Harris Carlton Freiberger Charles Howe Clifford -Robillard George Liapes Stanley Kozinski Fred Luenberger John Lanphear Lawrence Mackey Andrew Butz - :Bertram Martin Donald Ostrander J. Ernest Miller Leland Pierce James Mulholland Francis-Robillard Warren Northrup Carlton Lattin LeRoy Phillips LeRoy Gordon Clayton Ramsey Franklin Reigler -Resolution No. 68- introduced by Justice Bentley, seconded by Council- man Lampson: RESOLVED that the following be and hereby are confirmed and approved as. active firemen in the Queensbury Central Volunteer Fire Company, Inc. : Karl Anderson Robert Dickinson -Robert Bainbridge Kenneth-Gage Seward• Ball. Harold Gardner Clarence Barber Arthur Goldman Earl Carswell Carlyle Gooch Bernard Codner Benjamin Harris Karl Chadwick Charles Howe Kirkham Cornwall. George Liapes George Daley Fred Luenberger E. Venner Davey Lawrence Mackey Richard Davis r .::Martin 99 J.. Ernest Miller Frederick Williams James Mulholland James ',-lilson Warren .Northrup Dr. George" -Wiswall' LeRoy Phillips Joseph Zobanski. Clayton Ramsey Carlton Freiberge-r Fr.anklin-Reigler Clifford -Robillard John Schoelerman Stanley Kozinski Jesse Smith John Lamphear Floyd Sleight Andrew Butz Paul Sperry Donald Ostrander Harry Stevens Leland Pierce Arthur Stewart Francis Robillara Robert Stott Carlton Lattin Jerome Thorne LeRoy Gordon Carl Iffahl-quist Norman Walbridge Sr. Walter Whitman Dr. Harrison 1,11ilcox Duly adopted by the following vote : Ayes - Mr. Walkup, Mr. Bentley, Mr.' Lampson, Mr. Sleight and Mr. Harris Noes - none The Clerk read the following communication from the Town Superintendent of Highways : Town Board , July 25, 1953 Town of Queensbury Gentlemen:: I hereby recommend that the compensation of graderoperator be increased from 1111.10 to X1.35 per hour. Very truly yours, (Signed) Ernest B. Lackey, Supt. Resolution Nn- 6a introduced by Council-man Walkup seconded by Councilman Lampson.- RESOLVED that the compensation of a grader operator be increased from $1.1-0- to - $1.35 effective July 27, 1953. Duly adopted by the,:,following vote : Ayes Mr. Walkup, Mr. Bentley, Mr. Lampson, Mr. Sleight and Mr. Harris Noes none The board audited claims as follows : Schedule of Audits for the Town of �Ueensbury for the month of July, 1953, No. Name of Claimant Nature of Claim 4mt.Claimed Amt.Allowed 172 Russel-1 & Wait Supplies(clerk) 3.15 3.15 173 Niagara-Mhk.Power Co.Streets , Lights & traffic 115.07 113.07 174 Kathryn E. O'Brien Type.min.Twn.Bd. 3.50 3.50 175 Mountainside Free Library Yrly.gift libry. 100.00 100.00 176 Frances-L. Turner Postage 3.00 3.00 177 Louis Corlew Labor PV Cem. 60.00 60.00 100 178 John. 0. Webster Bond (Frank Cowles ,FV Cem.) 33.75 336­75 179 J.A. Orr Co. -1 b 88-Beariag 1 Rex.-Axle - 2.83 2.83 180 J.A. Orr Co. Supplies-PV Cem. -- 17.74 17.74 181 Fred E. Ricketts Mileage tray. to chrmn's 3.60 3.60 182 Hoag's Tire Serv. 1-5 gal .pail #30 oil Kendall 4.80 4.80 183 Hoag's Tire Serv. 1-5 gal.pail #30 oil Kendall 4.80 4.80 184 Glen Supply Co. Acct.rendrd.-Pineview- 5.30 5.30 185 Carswell T & T Grease & gasilene-PV Cem. 11.63 11.63 186 Carswell T & T Gasolene-Pineview Cem. 7.64 7.64 187 U.S.Casuality. Co. Prem. on E.E.Jones Bond,, coll. of WGnfD 3.00 3.00 188 Barnett Equip.Co. PV Cemetery supplies 1.92 1.02 Total $379.73 $370.73 On motion. the meeting adjourned. Frances L. Turner Tovm Clerk Special Meeting July 29 , 1953 Present: H. Russell Harris $upervisor Meredith Bentley Justice of the Peace Henry Sleight justice of the Peace Raymond Walkup Councilman Curtis Lamps on Councilman The board convened at 7:,30 P.M. Jesse Burger also present. The board generally discussed with Jesse Burger the proposed bus line in the Cottage Fill section and along the Aviation and Dixon Roads . The board was in-formed that there is now an application pending before the Public Sergice Commission for a temporary I emporary permit to operate in the Cottage Hill area and that in view of the delay caused by numerous hearings and legal steps taken, it was doubted that the Commission would grant such temporary permit. However, Mr. Burger would make another application for a temporary permit if it was felt after investigation that there was a reasonable chance that the Commission would grant a temporary permit for operation in the areas affected. The attention of the board was called by the Supervisor to abump- in the road at or near the city line in Ridge Road in the Town of Queensbury caused by the road sinldng over the man role constructed for the Ridge Road Water District. Resolution No. 70 introduced by Councilman Walkup, seconded by Supervisor Harris ., It is resolved that the Water District Committee be and are hereby authorized and directed to cause the -concrete - cover on the man-hole on Ridge Road in the Ridge Road Water District to be repaired* Duly -adopted by the following vote : Ayes Mr. Walkup, Mr. Bentley , Mr. Lampson, Mr. Sleight and 'Mr. Harris Noes none There was discussion in reference to the surplus back-fill along the Corinth Road in West Glens Falls left after the laying of pipe. It was suggested that the contractor be notified and cause the same to be re- moved. On motion the meeting adjourned. Frances L. Turner Town Clerk