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1955-09-24 69 responsibility. Normally,, the assumption of maintenance would consist of an appropriation- by the town board for the- purpose of maintaining side- - walks and some acts of the town superintendent in repairing or maintaining sidewalks. Unless the totem board or your town superintendent of highways has assumed such responsibility, then in my opinion there is no liability. May I call your attention to subdivision 2 of Section 25 of the Highway. Law ifnich reads as follows "No civil action shall be maintained against any town or town _superintendent of highways for damages or injuries to person or property sustained by reason of any defect in its sidewalks or in consequence of the existence of snow or ice upon any of its side- `— walks , unless such sidewalks have been constructed or are main- tained by the town or the superintendent of highways of the town pursuant to statute , nor shall any action be maintained for damages or injuries to person or property sustained by reason of such de- fect or in consequence of such existence of snow or ice unless written notice thereof, specifying the particular place , was act- ually given to the town clerk or to the town superintendent of highways , and there was a failure or neglect to cause such defect to be remedied , such snow or ice to be removed, or to ma'�_e the place otherwise reasonably safe within a reasonable time after the re- ceipt of such notice .-" I trust that this answers your inquiry. Yours very truly, /sf Albert E. Beswick Resolution No. 86 introduced by Justice Akins , seconded by Councilman �Talkup 1HEREAS the City of Glens Falls has instituted a certerorari pro- ceedings against the Town of Queensbury respecting assessments of certain City property in the Torsi of Queensbury by service of petition and notice on the Town Clerk, - RESOLVED that Barry Reoux be and is hereby retained to represent the Town of Queensbury in the matter and that ne is authorized to prepare the necessary return _r the proceedings. Farther resolved that the Beard or the Chairman. thereof be and hereby are authorized and directed to execute the return on behalf of the Board of Assessors and/or of the Toifn of Q� eensbury.. Duly adopted by the folluBring vote Ayes - Mr. Walkup,, Mr. Lampsor_, Mr. Al�:ins and Mr. Harris Noes none On notion the meeting adjourned. Town Clerk Regular Meeting Sept. 24; 1955 Present.- gg 11 I R ilBepHeys is o . } 'eat 11a;eta �4t*on ,sti.c :o the Peace ur G Lampson oncilm3n Raymond Walkup Councilman The board convened at 7:30 P.M. . I . ;7'0 Ernest Lackey was also present. TvIr. Green, 35 Everts Ave. ,,. who was present called the attention of the board to a culvert which runs through his front yard for drainage pur- poses . He stated that he wants the pipe moved. Mr. John Sauer,, 31 Everts Ave. , also requested action. on blocking the drainage culvert. Mr. Lackey stated that he has plans to correct the situation respecting both- culverts. Mr. Beswick was present and discussed with the Town Board and with Mr.. Kreiser the extension of the drainage system to include an area owned by Mr. Kreiser. _J Mr. Beswick also discussed with the board the matter of the- Glen. Lake railroad crossing. Resolution No. 87 introduced by Mr. Akins seconded by Mr o. Walkup: RESOLVED that the Town Board petition the Public Service Commis- sion for an order requiring the Delaware & Hudson Railroad Company to install and maintain automatic flashing signals on the Glen Lake Road crossing and that the Supervisor be and hereby is authorized- and directed to execute and file such petition on behalf of the Town Board of the Town of Queensbury. Duly adopted by the following vote :' Ayes - Mr. lilallkup,, Mr. Bentley , Mr. Lampson, I-2r. Akins and Mr. Harris Noes - none Mr. Beswick called the Board ' s attention to the prevailing wage rate. Charles Dunn was present and discussed with the Town Board the laying of mains in the area being developed by him. The Board discussed the Town ordinance with Mr. Dunn regulating develop-- ments in the Town. A discussion was had with Mr. Be'swick in reference to regulating of park- ing at the corner of Glenwood Ave. and the Lake George Road. Mr. Haag, 1 Glenwood Ave. , called on the board in reference to the park- ing in this area and discussed the matter with the board. Mr. Caivano was present and discussed a proposed tapping on the Hudson Falls sewer system, He stated that about sixty families would_hook on... The matter was referred to the Board as a committee of the whole to inter- view the Hudson Falls Board. Resolution No. 88 introduced by Councilman Lampson,, seconded by Councilmaq'n' ' Walkup: RESOLVED that the Supervisor be and is hereby authorized and directed to cause to be prepared by the County Attorney a proposed ordinance to restrict the parking of motor vehicles along the east side of Glenwood Ave. northerly from its junction with the Glens Falls-Lake George High- way for a distance of about 200 feet. Duly adopted by the following vote : Ayes Mr. Walkup, Mr. Bentley, Mr. Lampson, Mr. Akins and Mr. Harris Noes none 71 ,Mr. Van Dusen was present and discussed with Ivir. -Kreiser and the Town Board the proposed change of part of a street-known as Coolidge Exten- siono Larry Powers discussed the problem of dogs running at large, in the West Glens Falls area and suggested that quarantine be imposed in the West Glens Falls section to control the situation. Resolution No. 89 introduced by Justice Bentley, seconded by Councilman Lampson: RESOLVED that the Town purchase 100 cast aluminum signs, 4 way and 2 way combination signs from the Glens Falls Rubber Stamp Works in accor- dance with proposal submitted by the Glens Falls Rubber Works. The vote resulted as *follows : Ayes - Mr. Bentley, Mr. Lam.pson Noes - Mr. Walkup, Mr. Akins and Mr. Harris The vote resulting as above , the resolution was declared lost. Resolution No. 90 introduced by Justice Akins , seconded by Supervisor Harris.- RESOLVED that the Town purchase 100 porcelain 4 way and 2 way signs , combination signs , exact number of each to be determined later from the Ferro Enameling Co. in accordance with the proposal submitted by the said Ferro Enameling Co. Duly adopted by the following vote : Ayes Mt. Walkup, Mr. Akins and Mr. Harris Noes Mr. Bentley, Mr. Lampson The following letters from Albert E. Beswick, Attorney, were read to the Board : August 30, 1955 Mr. H. Russell Harris Star Rt Glens Falls , N.Y.. zDear Russell: There has been submitted to me for approval a deed from Floyd K., Ellsworth and Mabel C. Ellsworth to the Town of Queensbury which purports to convey two town roads , one being Gilmore Avenue and the other Pinewood Avenue. I have not seen a survey map of the Ellsworth property and am unable t6 determine if the parcels described in this deed ,are actually the roads as laid out, but the deed does convey 50 foot rights of way and thus con- f6rms to the requirements of the Highway Law. Yours very truly, Isl Albert E. Beswick Albert E. BesT4ick Attorney at law Glens Falls , N.Y. August 30, 1955 W. H. Russell Harris Supervisor Star Rt Glens, Falls , N.Y. D4ar Russell: Encl,-Ised is deed from Frederick, B. Chapman to the Town of Queens- bury conveying a small parcel for the improvement of the Dixon Road. L 72 Sometime ago I delivered to you a deed from the Town of 'ueensbury -- to 1.,�.r. -Chapman conveying a small parcel in exchange for the parcel conveyed_ to the town. 'then "VIr. Chapman left this deed with me.yesterday I assured him that I would get the deed from you and deliver it to hi m$ and I shall appreciate it if you .,.Till get that deed to me as soon as you can.- Also enclosed is deer` from the City of Glens Falls to the Town of Queensbury conveying another small parcel for the improvement of the Dixon Road. Neither of these deeds have been recorded and I assume that you will take care of recording them and then filing them in your town clerk' s office. Yours very truly, Isl Albert E. Beswick Albert E. Beswick Attorney at Law Glens Falls , N.Y. August 30,; 1955 Mr. H. Russell Harris Star Rt Glens Falls , N.Y. Dear Russell: There has been submitted to me for approvdl the enclosed deed from Beecher C. Hartman to the Town of Queensbury which purports to convey rights of way for four town roads in the Hartman Development, being Stevens Road , Division Road , Ogden Road ar-6 Pinello Road. I have never seen a -map of this development and I am unable to determine by reading the description as to whether this dried actually 'conveys the roads as laid out, However, this deed does convey a fifty foot right of way and thus conforms to the requirements of the Highway ra7,%T Yours very truly, Is/ Albert E. Beswick. An agreement signed by H. Russell Harris representirL the Town Board and Milton Lee Crandell,, Architect, in which the latter agrees to furnish plans for a Town office building in the Town of Queensbury, ,.•ias received by the 3oard and placed on file. The monthly statement of the Supervisor for receipts and dis- bursements was read and placed on file. The items were as follows : Receipts : Aug, 3 Earl E. Jones Water Rent Collections 5100 4 Earl E. Jones It 11 11 23,65 5 Pineview &. Highway SS Deductions from P/R15 4.31 - & 14 20,63 19 Dept, of Audit & Control Per Capita Assistance 5242.46 Town Clerk Collections & Fees 180.50 22 "Earl Jones Water Rents & Collections 14.85 Pineview Cemetery SS Ded. P/R 15 4,13 Highway SS Ded, P/R 16 22.25 30 Henry Wallace Water Rent Collections 1500,00 31 Frank Cowles * Fineview Cemetery 290.00 Total Receipts 7307.78 Disbursements Aug* General Fund Accounts 2718.39 NGF TAD Ext. 1293.50 Pineview 705,70 NGF WD 399t90 1GF 'STD 739.18 Ridge_'t:�D 117.89 Highway_ 7177.40 Total Disbursements 13151.96 The following letter was _read to ._the board : STATE OF N3A7 YORK Department of Public. forks Bureau-of TO`Ri'N HIG71:?YS AND COUNTY ROADS - , Albany, -New September 14, 1955 Mr., H. Russell Harris Supervisor, Town of ,ueensbury $tar Route QIens _Falls , ,N.Y. Re Town of Queensbury Warren C Aunty Dear Sir: Me- have been advised by our district office that the Town of Queensbury will not participate in the Ten Year Town Hi--hway Improve- ment Prodra-m for the year 1956. We are accordingly withdrawing the previously approved project from our records . Very truly yours , Is! J. C. Heck Acting Director The board audited claims as follows : SCHEDUDE OF AUDITS OF THE TOf,^1N OF QTTEENSBURY FOR THE MONTIT OF SEPTET,23ER 1955. �i Amt. Amt. No. Name of Claimant Nature of Claim Claime6 hllowed 227 Niagara Mohawk Pwr. Street ltng 8c Traffic signals July statement 172.80 172.80 228 G.F. Post Co. Pub.Not.for bids rcd on Metal street signs 4.96 4.96 22.9 Kathryn E.01Brien Type Twn.Bd.min.mtngs 3.00 3.00 230 Kathryn E. O'Brien Sten.serv.for JP` Bentley People vs. Yonkers 8100 8100 231 Russell & Wait 1,iLsc.supplies Twn Clk 8.00 8.00 232 J.E.Sawyer & Co.Inc. Galy.pi.pe,coupling ,.tee & plug as itemized in invoice NGFWD 15.27 75.27 233 Mrs. Mary Kelso R.fd.water rent-3 mos. NGFWDXT 6.75 6.75 234 Edw.Thompson Co. 54.-May, NY Session laws & July 54 Pocket pts.McKinney's Books 10,12,19,;32,37,64 (2v) $2.00 each 34.00 34.00 235 Edw.Thomson Co. Pocket ;its ,toMcKinney' s books (7/1955)-10,12,119,32,37, 64 (2v) 9 2.50 each 17.50 17.50 236 Chas .E.Houghtaling Supplies-Justice Bentley 16.33 16.33 237 Chas.E.Houghtaling Jury list books-Twn.Clk 5.27 5.27 �--- 238 Kathryn E.O'Brien Type Twn.Bd.Min.mtngs 4.00 4.00 239 Dennis & Co. Inc. Budget form blanks ordered by Town Clerk 12.71 12.71 240 Dennis & Co.,Inc. 1955 Edition-Gilbert Bliss ' Code,.M.S.Bentley,,JP 27.50 27.50 241 Niagara-Mohawk Pwr. Str.ltng & traff.signals August 172.80 172.80 242 aline Sleight Writing Assessment Roll 114.00 114.00 1w P14 243 Cline Sleight Triting Assessment Roll 79,00 79.00 244 Cline *51eight Writing $chool Tax Dist.2 86.00 245 Carswell T 030 T \aisc.,c:;up;plies-Pv Cem. 18.64 18.64 246 TrvinH.Crumley Clerical work-5up,Cffice 66.25 66,25 247 Nathan- Proller Ins .Toim of Qugensbury-Quar- terly audit-ZTLC7192-C L�a- bility 361.23 361.23 11 15.24 15.24 14 248 Sage r-Spuck Sup. 1 isc.Su-,P-,o lies IM Co. 249 Qlmer Corlew Set up Ms take doi,;n booths Primary Day 68.00 68.00 250 Paul B.Hammond Fosters for jr% Zlect.Dist. 2,00 2.00 251 Cha.s.D.Giles iSurvey.on roads-as itemized under supervision Twn.Surv. 12.10 12.10 252 Leon M.Steves Survey work-as itemized under supervision Tim.Surveyor 14.30 14.30 253 W.Lawrence Powers Milegge traveled-services- 34.86 Dog warden 34.86 $1440.51__�1354 951 On notion the meeting adjourned. Town Clerk Special meeting October 1, 1955 Present: H. Russell Harris Supervisor Meredith Bentley Justice of the Peace Harold Akins Justice of the Peace Curtis Lampson Councilman Raymond-Walkup,, Absent Councilman The board convened at 7:30 P.M. A petition signed by John C. Hay and Frederick T. Hay, owners of- tax- able real property situated in the proposed- extension of Reservoir Park Sewer District , was received. In relation to the above petition, the following order was signed by members of the Town Board: In the 14atter I -of- The Petitiorf for the Extension of the Re- servoir Park Sewer District in the Town of ueensbury, 'Warren County, New York. WHEREAS, a written petition, dated September 29th, 1955,, in due form and coritaining the required signatures , has been presented to and file(-1. with the Town Board of the Town of Queensbury, Warran County, New York, for thelextension of the Reservoir Park Sewer District , in said Town, such. extension to be bounded and described as follows : ALI, that certain piece or parcel of land , situate, ,lying and being in. the Torun of Queensburyi ".1arren County, New -York, bounded and described as follows .-- BEGINNING at a point in the southerly side of ,Vrhat is ',,,,no-On as Old Forge Road (Peggy Ann Road) 253.69 feet westerly of the northwest corner of lands formerly owned by Jabez Ingalsbee; Punning thence south 48 deg. 54 •minutes west along the southerly line of Old Forge Road, 299 .66 feet to an -iron pipe set in the ground for a corner; thence south 53 degrees 53 minutes west 460 feet to an iron pipe set in *the ground for a corner; thence south 62 degrees 34 minutes