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1959-05-07 SP IM Ralph M. Nestle Mileage supplies ,stamps 20.47 20,47 122 Nora C..McLoughlin Serv.rendered RRWD Fd. 9,72 9,72 123 Nora C.McLoughlin WOND-Fd. 21.00 21.00 124 Nora C.McLoughlin NGFKD Fd o 33.00 33.00 125 William ,Lanfear Labor WGFWD Fd. 25,00 25*00 126 ganford Harrington , o. WGIWD Fd. 37,50 37,50 127 Eozells & LaPoint Material -.8;-Labor WGFVD Fd 3;45 3.45 128 13arl- 1. Jones Pstg,Mail w.bill,WQFWD 11.90 11.90 129 C.0,Jefferies Refd.w.bill101d Dist., _ NGFWD Fd* 4.50 4,50 130 Henry•J. Sleight Compressor & laborNGFWD Fund ­ _ 96.38 96.38 131 Frank Smith Rebate on v. bill NGFWD 13.50 13.50 132 William Reynolds Refid on w. bill NGFWD fd 2.25 2.25 133 NationalVelding Awing Carlton Dr. . - GD 'FIS 10,00 10,00 134 Mrs. Humphrey Casey Sten.Serv.Pablic Hearing on Petition of City of Glens Falls Dump 25,00 25.00 135 Niagara Mohawk'PWr. Elect.Serr.NGFWD Fund 156.37 156,37 $2746.89 ;1991.34 On motion the meeting adjourned Q'I .,Town Clark. Special Meeting May 7. 1959 Present.-: LeRoy J. Gordon Supervisor Harold Akin -- Justice of the Peace Curtis Lampson Councilman Absent: Meredith Bentley Justice of the Peace Stanley J. Miller Councilman I The Board convened at 7.-30 p.m. I The following letter was read to the •Board:. I ALBERT E. �ESWICK • Attorney at Law-. Glens Falls A.Y.- May 5,, 1959 Mr.. LeRoy J. Gordon, Supervisor Foster Avenue Glens Falls; New York Re. Glens! Falls City Dump Dear Roy: I talked with Mayor Russell the other day about the resolution. adopted by the Common Council an April• 29 for the purchase of a tract of land on Sherma • Avenue to establish a city dump and rubbish disposal area thereon, The Mayor said they do not intend to maTce application for a permit and apparently intend to defy the Town Board. You probably read the article in the Post Star this morning in which the Mayor denies they are going to' operkte a dump but are going to-have a high -class rubbish disposal area. It seems to me that the time has tome when the Town Board will have to take some action, and I recommend that application- be- made for an injunction to restrain the City from establishing a dump at the Sherman Avenue location without first obtaining a permit from the Town Board. I have drafted and enclose copy of a proposed complaint so you and your Town Board can see what we propose to do. If such action is brought, you, . as ,Supervisor, are the one who will have to verify the complaint and it_,is important that the complaint be correct in all respects. There are some dates left blank which will have to be filled in. Also. I. will have to have a certified copy of your ordinance,, I do have 4 draft of the ordinance in my file but I believe one or two minor changes were made at the time it was adopted. . Before an action can be commenced it will have to be authorized by a resolution and I: have prepared and enclose a proposed resolution authorizing the action. Will you please consider these matters and advise me what you want done. Yours very truly, /s/ Albert E. Beswick County Attorney Mr. Akins introduced Resolution No. GG and moved its adoption, seconded by Mr. Lampson: Whereas , this. Town Board has adopted an ordinance regulating the establishment and operation of dumps in the Team of Queensbury, which provides , among other things , for the filing. of a written application with the Town Board, a public hearing on such application, and if a permit is granted , the incorporation in the permit of such restrictions as may be deemed by the Town Board necessary to protect the residents adjacent to such dump, and Whereas, the City of Glens Falls made application to the Town Board for permit to establish a city dump on city owned property on Potter Road, a public hearing was held pursuant to said ordinance and the application was denied by the Town Board, and Whereas, the Common Council adopted a resolution on April 29, 1959, to purchase a tract of land on Sherman Avenue in the Town of (�xeensbury and to establish a city dump and rubbish disposal area thereon, and the Mayor has stated that no application would be made to the Town Board for a permit to establish a dump: in that location,, and Whereas , the Town Board adopted said ordinance for the purpose of protecting the health and safety of the residents of the Town of Queens- bury and the threatened violation of said ordinance by the City of Glens Falls may result in serious and irreparable damage to -residents of the Town of Queensbury, and the imposing of a fine for such violation -would afford no protection or redress to such residents, and Whereas, it is provided by said ordinance and by Section 135 of the Town Law that the Town Board may bring an action to. enjoi,n and re- strain a violation of an ordinance, Resolved that the Town Board of the Town of Queensbury bring an action in the- Supreme Court in the name of. the Town of Queensbury against the City of Glens Falls , the Mayor, members of the Common Council and . the Superintendent of Public Works for an injunction restraining them. from establishing a city dump and rubbish disposal area in the Sherman Avenue location or any other place in the Town of Queensbury without complying with the dump regulation ordinance and obtaining a permit there- for from the Town Board„ and it is further Resolved that Albert E. Beswick, County Attorney of Warren County, be retained to commence such action on behalf of the Town of Queensbury. Duly adopted by the following vote Ayes - Mr.. Lampson, Mr. Akins and Mr. Gordon Noes - none, The following letter was read to the Board: _nom ALBERT E. BESWICK -Attorney at-1aw- .,Glens Falls.,N.Y. May 1, 1959 , Mr_. Harold. C. Akins Justice of the .Peace West Glens Falls, New Yqrk Dear Harold: You have asked me whether your Town B.oa3:d may require a deposit as a condition for granting a permit for an excavation of the town highway to install drainage , sewer or water pipes. This subject is covered by Section 149 of the Highway Law, which pr_ovidea that the tQwn superintendent of highways may, with the con- sent of the town board, and upon the written application of any resident, grant permission for an over head or under ground crossing, or to lay and maintain drainage, sewe3z or water pipes under ground within the limits of the town highway. Such permission shall be ,granted upon the condition that such pipes or crossings shall be so laid, set or con- structed as not to interrupt or interfere with public travel on the highway, and upon the further_ condition that the applicant will replace the earth removed and leave the highway .in all respects in as good condition as before: the laying of such pipes or the construction of such crossings, and that the applicant will keep the pipes or crossings in repair,, and save the town harmless from all damages which may accrue by reason of their location in the. highway, and that upon notice by the Town Superintendent the applicant will make the repair required for the protection of the highway. The permit of the Town Superintendent, with the consent of the Town Hoard and the acceptance by-the applicant, shall be executed in duplicate, one of which shall be filed in the office of the town clerk and the other in the office of the county superintendent. In case the applicant shall fail to make any repairs required to be made under the permit, they may be made by the town superintendent at the expense of the applicant and such expense shall be a lien, prior to any other .lien, upon the land benefited by the use of the highway for such pipes and crossings. The Town superintendent may revoke such permit upon the failure of the applicant to comply with any of the conditions contained therein::. There is nothing in the Highway Law or the Town Law which author- izes a. Town Board to require a cash deposit as condition for issuing a permit, and I am afraid there is no way you can legally compel such deposit if the .applicant should refuse.. 14ssume in most cases the applicant might be willing to make a deposit to cover the cost of re- pairs rather than have to do it himself. I trust that this will be of some help to you. Yours very truly, /s/ Albert E. Beswick County Attorney Resolution No, 67 introduced by Justice Akins, seconded by Councilman. Lampson: Whereas,, the Town Superintendent of Highways has requested per- mission to establish a permit procedure for the excavation of highways; and Whereas, the Torn. Board deems it in the best interests of the Town of Queensbury to have a uniform system of applications, permits and well defined responsibilities for such excavation, now, therefore, be it RESOLVED that in accordance with Section #149 of the Highway Law, the Town Superintendent of Highways be and he herehy is authorized upon written application of any resident, to grant permission for such cros- 149 sings or excavations subject to all of the restrictions and regulations as outlined in' the above referenced section of the Highway Law and any other requirements which by virtue of special conditions are deemed by the Highway Superintendent to be necessary for'the protection of the. tights. and Interests of the Townes of Queensbury,, and be it Further Resolved : That the Town Superintendent be and he hereby is authorized to cause to be printed a combination Application-Permit form which clearly and 'completely outlines the responsibilities of the appli- cant and the conditions under which the application is granted, with copies of the form to be signed in quadruplicate to be routed as follows: 1. To the Town Clerk of the Town of Queensbury. 2. To the County Superintendent cif Highways. 3. To be retained . on file by the Town Superintendent. ' 4. To be delivered to the applicant. Duly adopted by the following vote: Ayes - Mr_. Lampson, Mr.. Akins and Mr. Gordon Does none- The following communications were presented to the Board TOWN OF QUEENSBURY 'Glens Falls, N Y. ' Mr. LeRoy Gordon April 11, 1959 Supervisor Town of Queensbury Warren County My dear Mr. Gordon: LeRoy,. this ,is being directed to you as chairman of the Town Board. Could you possibly check the records for an immediate confirmation. If this is not possible, please advise. In such an event, I respectfully request that the Town Board of Queens- bury make this a matter of record mf at the very neat meeting and so advise the Board of Assessors and the Department of Local Assessments in Lake George. - I believe the attached letters are self explanatory, but for the record and' your information, for this took place before you assumed office, may T cover a little of the background. It seems that there never was a firm line where the two towns met on Plumb Point. Consequently some lands and some buildings were carried on each assessment roll. Such a situatioh year after year was deplorable. The two assessors Boards last year agreed on an arbitrary line down the length of Plumb Point. There were no duplications last year, but as you can readily see such a procedure could only be temporary. After Mr. Brynes (Caldwell Town Board) and I: discussed the law involved, the problem was turned over to Mr. Beswick. The two Town Boards hired Mr. Coulter and Mr.. Van Dusen and the rest is a matter of record in the attached letters. Respectfully, cc: Mr. Albert Beswick /s/ Ralph M. Nestle Mr.. George Webster Caldwell Town Board Mr. Fred Thatcher 1959 My dear Mr. Webster: April 11,, We have received our copy of your letter to Mr. Beswick of April 7, 1959 concerning the boundary line on Plumb Point between the flown of Caldwell and the Town of Queensbury. It is our understanding that Mr. Coulter was hired by the Town of Caldwell and that Mr. Van Dusen was hired by the Town of Queensbury to survey this land and come: to a common line. When these surveys were finished I turned them over to Mr. Beswick, who .was to check the law applicable in` this situation and talk to the powers that be. t 150 On December the 10th,, 1958 the attached letter from Mr. Beswick was received indicating that a meeting of minds had taken place between the two Town Boards. As such, as we understood it, nothing was left but for the two Boards-of Assessors to sit down and talk it over. As there was no actual controversy nothing would have to be settled in. a court action. After receiving Mr. Beswick'°s letter I talked to Mr. Fred Thatcher, Chairman of the Assessors Board in the Town of Caldwell, about a meeting. However, Mr. Van Dusen said that although the line was on paper it would be best to wait till the snow had gone and stakes could be driven into the ground for all to see. He suggested that we wait until after April 15th. This is where the situation now stands. Incidentally, Mr. Thatcher sug- gested that when we do sit down to change the records that. we do so at your office and under your supervision. Just in case we have been in error in our procedure , we are 'by a copy of this letter asking the Town Board of Queensbury for confirmation of their action as mentioned in Mr. Beswick"s letter of December 10th. cc: Queensbury Town Board Respectfully, Mr. Albert Beswick Is/ Ralph M. Nestle Mr. Fred Thatcher Caldwell Town Board COPY ALBERT E. BESWICK Attorney at Law. Colvin Building Glens Falls ,N.Y.. December 10, 1958 Mr.* Ralph M. Nestle 3 June Drive Glens Falls , New York Dear Mr. Nestle: Some little time ago there was presented to me the question of whether the location of the boundary line of the Town of Caldwell and the Town of Queensbury required action by the Board of Supervisors. There appears to be no actual• boundary line dispute and I under- stand the Town Boards of both Towns have agreed to accept the line established by Mr. Coulter and. Mr.. Van Dusen. Accordingly, what I think should be done is a joint meeting of the Boards of Assessors of the two ' T'owns, in which you will agree on a separation of the parcels , along the shore of Lake George , which are in both towns. Yours very truly,, Is/ Albert E. Beswick County Attorney The Clerk called to the Board' s attention that a Summons and Complaint had been served upon her representing an action entitled: Angelo Valastro, Plaintiff Vs. Town of Queensbury, Defendant At this point in the meeting, Mr. Bentley entered and took part in the proceedings: Resolution No. 68 introduced by Councilman Lampson, seconded by Justice Akins.. RESOLVED that the land conveyed to the Town of Queensbury by deed dated. April 24,, 1959 from Harold C. Veeder to the Town of Queens- bury along with the water supply system, be and the same is hereby accepted.