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