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1960-08-25 (Gen.-$31O.79;Hwy.$897.45 ?i�3, & Cem. $64.46) 294 Niagara-Mohawk Power Elect.serv. Twn Strhs. 9.03 9.03 300 LeRoy Phillips Material, labor etc* on wiring & conn. 20 HP pump NGFWD 100.45 100.45 301 Harold C. Akins Mileage, Hwy Comm.inspo road end Dunham's Bay 2.96 • 2.96 302 G.F. National Bank & Refund water rent at old Trust Co. bank bldg. 671 Glen T/Q 30.30 30.30 303 Hoag's Tire Serv. Rep.flat-dismount & - remount,vulc.tube, Town Dump 2.25 2.25 304 Bentley Exp. Co. , Inc. Freight chgs.on shipment "from Gould pumps as itmzd, on voucher NGFWD 3.60 3.60 305 Water Pipe & Supply Co. Pipe-By pass;Gen. Fd. 450:00 450.00 -- $39050.83 $ ,030.8 On motion the meeting adjourned: 49wd . Town Clerk Regular Meeting - August 25, 1960 Present: John 0, Webster Supervisor Meredith Bentley Justice of the Peace Curtis Lampson Councilman The meeting was called to order at 8:30 p.m. by the Supervisor. The Hon. J. Ward Russell , mayor of the City of Glens Falls, was also present. Frank Hurley, City Attorney, was also present. The Clerk read an application made by the City of Glens Falls requesting permission of the Town Board to use a parcel of 48 acres located on Sherman Ave. for rubbish disposal area. A discussion was had among the members of -the Board respecting the method of ,disposal and in relation to the present Town dump ordinance. The application was received and filed, and the matter of the application was referred to the County Attorney as to sufficiency of the application under the Town ordinance. An application was received from Al Ouderkerk and Sid Timms for permission to operate a Go Cart Race Track on the Timms property in the Town of Queensbury. The Board generally discussed the Town ordinance in relation to the opera- tion of such raee� track and the necessity for proper protection being given to the spectators -at such races. The Supervisor was to consult with the County Attorney as to the sufficiency of the guard rails required by the ordinance on racing. - The Board ,generally discussed the laying of the 6" water main in the West Glens Falls Water District Extension. Resolution No. 107 introduced by Councilman Lampson, seconded by Justice Bentley: RESOLVED that Jack Crannell, Superintendent of the West Glens Falls Water District and its extension be and is hereby authorized to cause to be laid by the Town Highway Department a 6" cast iron water main beginning at the end of the present pipe on the Fourth St. Extension and continuing westerly thereon through Richardson Street and northerly on Richardson Street 74 - to Garner Street connecting with the existing main on Garner Street. Such installation when completed will complete the installation in the West Glens Falls Water District Extension. Duly adopted -by the following vote: Ayes - Mr. Bentley, Mr., Lampson and Mr. Webster Noes - none Resolution Ni. 108 introduced by Mr. Bentley, seconded `by Mr. Lampson: RESOLVED that Bernard Codner, Town Highway Superintendent of Highways, be 'and is hereby authorized and directed to cause to be laid a 1241 cast iron water pipe under the East-test by-pass of the City of Glens Falls at or near the easterly side of Ridgg Road in the County right of way. _ Duly adopted 'by the following vote: Ayes - Mr. Bentley, Mr. Lampson and Mr. Webster Noes - none The Supervisor reported that the three voting machines which had been ordered by him had arrived and were now stored in the Mohican Grange Hall and that he had also arranged for the proper fire insurance coverage on the machines. The following communication was read by the Supervisor: ALBERT E. BESWICK Attorney at Law Glens Falls, N. Y. _ August 15, 1960 Mr. John 0. Webster, Supervisor Chestnut Ridge Road Glens Falls; New York Dear John: Enclosed is deed from Sidney Timms to the Town of Queensbury conveying parcel for the Sweet Road, which I have examined and approved. Mr. 'White has the proposed deed for Griffin and I understand that he requested copy of the map, which is being delivered to him. I pre- pared the deed from a description furnished me by John B. Van Dusen, and if there are to be any material changes I shall want to consult with you and Mr. Codner before changing the deed. Also enclosed is deed from Royal J. Braydon and Frank K. Bronk conveying streets in their new subdivision off the Peggy Ann Road, which I have also approved. These deeds should be recorded in the County aClerkts Office and filed in your Town Clerk's Office. Yours very truly, Albert E. Beswick County Attorney Resolution No. 109 introduced by Mr. Bentley, seconded by Mr. Lampson: WHEREAS Royal J. Braydon and Frank K. Bronk have offered to convey to the Town of Queensbury lands described in an instrument of conveyance dated August 9, 1960, and WHEREAS the County Attorney has approved the instrument of con- veyance and WHEREAS Bernard Codner, Town Superintendent of Highways, has reported that the roads are in an acceptable condition, having complied with the ordinance regulating the development of subdivisions and recom- mends the acceptance thereof, therefore be it 75 RESOLVED that the Town of Queensbury hereby accepts the land conveyed in said instrument of conveyance for highway purposes. FURTHER RESOLVED that the Town Clerk be and is hereby authorized and directed to cause to be recorded in the County Clerk's Office the instrument of conveyance. Duly adopted'by the following vote: Ayes - Mr. Bentley, Mr. Lampson and Mr. Webster Noes - none The Supervisor read the following communication from Albert E. Beswick, County Attorney, dated August 16, 1960 and requested that the same be transcribed into the minutes: ALBERT E. BESWICK Attorney at Law Glens- Falls, N. Y. August 16, 1960 Mr. John 0. Webster, Supervisor Chestnut Ridge Road Glens Falls, N. Y. Dear John: You have spoken to me at various times about the town road which . crosses the Dunham's Bay Lodge property, and particularly with reference to the right the Town of Queensbury may have to the shores of Lake George in that location. As I understand it, there was originally an old town road. Some years ago the State of New York constructed Route 9L from Route 9 to connect with Ridge Road. At that time the County had to acquire the rights of way for the state highway and the County of Warren brought a condemnation proceeding against Dr. Frank Fielding to acquire the right of way shown on the state highway taking maps. These maps are fiked in the office of the County Clerk and will show exactly what was acquired by the County in the condemnation proceeding and what was left to Dr. Fielding. Whatever Dr. Fielding had left after this taking was conveyed to other persons and eventually to Mr. Alexy. So far as I know, the Town of Queensbury never abandoned any of the former town highway and any part of it which was not included within the limits of the state highway is still a town highway. I have never had occasion to make a search but I assume the former town highway was simply one by use and that the Town never had legal title to the road. If this is true it brings up another troublesome matter. The courts have held that a highway by use is limited to the portion actually travelled, including the shoulders and any ditches necessary for drainage. There is a provision in the Highway Law that a 'town superintendent of highways may open a road by use to the full width of three rods, but a landowner is entitled to damages if the opening of a road to three rods actually causes damage. There is a general misunder- standing that all town roads are three rods wide, but this is not true unless the town superintendent makes an order provided by the Highway Law. It is, of course, possible that some superintendent of highways has made an order opening this particular piece of road to the full width of three rods but I do not know of it. You have suggested that the Town Board may wish to take action to determine the rights of the Town in this road which crosses the Alexy property. This probably could best be done by an action for declaratory judgment. If you were to commence such action it would be necessary to have a survey made to show what you will claim. It might be desirable to have your town surveyor check the state highway taking map in the Fieldng condemnation proceeding so you will actually know what the State claims within its highway taking and what was actually conveyed to Alexy. You might also check your Town Clerk's records to see if you can find 76 whether the piece of town road across the Alexy property was ever opened to three rods. I will remind you that all litigation is expensive, but if your Town Board feels strongly enough about this matter it is probably worth- while, but we shall have to be sure of the facts before commencing the action. Yours very truly, Albert E. Beswick County*Attorney John Van Dusen, Town Surveyor, was present and discussed with the Board the Town-owned road known as the Dunham's Bay Road. Resolution No. 110 introduced by Mr. Bentley, seconded by Mr. Lampson: WHEREAS, through an error there was paid from the General Town Fund on claim No. 263 the. sum of $229.23, and such claim should have been paid from the North Glens Falls Water District Funds; therefore be it RESOLVED that the Supervisor be and is hereby authorized to trans- fer the sum of $229.23 from the North Glens Falls Water District Funds to the General Town Fund. Duly adopted by the following vote: Ayes - Mr. Bentley, Mr. Lampson and Mr. Webster Noes - none The Supervisor read the following communication from Robert J. Nolan, and requested that it be inserted in the minutes: GLENS FALLS REAL ESTATE CO. , INC. Glens Falls, N. Y. August 15, 1960 The Honorable Town Board Town of Queensbury Glens Falls , N. Y. Attention: Hon. John Webster Dear Mr. Webster: As you know, the east side of Glen Lake has been building up considerably over the past several years. The Town of Queensbury has recently constructed a road into premises owned by Genier and Barton, et al. I have recently put in a road behind the camps on my property on Glen Lake. It would be most advantageous to all residents of the Lake and especially those on the east side, if the Town road as it presently exists could be extended through my property on the crest of the ridge (not down near the lake shore) to meet with the Town road over behind the premises owned by Dr. Barber, Art Parent and others. The Board a couple of years ago considered the situation but did not consider along the top of the hill behind my premises paralleling the lake. I shall be happy to give a deed to the Town of Queensbury for such road purposes. It would appear that such a road would be advantageous to open up development on the east side of the lake, to afford additional access to the various volunteer fire departments to service the camps and would be of great convenience to the residents of Glen Lake area. Thanking you for your consideration in this matter, 1 remain Very truly yours, ROBERT J. NOLAN _ President On motion the meeting adjourned at 11 p.m. �� Town Clerk